The Social Security and Child Support (Miscellaneous Amendments) Regulations 2003

Amendment of the Decisions and Appeals Regulations

3.—(1) In regulation 1(3) of the Decisions and Appeals Regulations (citation, commencement and interpretation) for the definition of “out of jurisdiction appeal” there shall be substituted—

““out of jurisdiction appeal” means an appeal brought against a decision which is specified in—

(a)

Schedule 2 to the Act or a decision prescribed in regulation 27 (decision against which no appeal lies); or

(b)

paragraph 6(2) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 (appeal to appeal tribunal) or a decision prescribed in regulation 16 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (decision against which no appeal lies);”.

(2) In regulation 3(9)(a) of the Decisions and Appeals Regulations (revision of decisions)(1) for “was made” there shall be substituted “had effect”.

(3) In regulation 6 of the Decisions and Appeals Regulations (supersession of decisions)(2)—

(a) in paragraph (2)(a)(i) for “was made” there shall be substituted “had effect”;

(b) for paragraph (2)(c) there shall be substituted—

“(c) is a decision of an appeal tribunal or of a Commissioner—

(i) that was made in ignorance of, or was based upon a mistake as to, some material fact; or

(ii) that was made in accordance with section 26(4)(b), in a case where section 26(5) applies;”;

(c) after paragraph (2)(d) “or” shall be omitted;

(d) after paragraph (2)(g) “and” shall be omitted.

(4) In regulation 6A of the Decisions and Appeals Regulations (supersession of child support decisions)(3) after paragraph (4) there shall be inserted—

“(4A) A decision may be superseded by a decision made by the Secretary of State—

(a) where an application is made on the basis that; or

(b) acting on his own initiative where,

the decision to be superseded is a decision of an appeal tribunal or of a Commissioner that was made in accordance with section 28ZB(4)(b) of the Child Support Act(4), in a case where section 28ZB(5) of that Act applies.”.

(5) In regulation 7 of the Decisions and Appeals Regulations (date from which a decision superseded under section 10 takes effect)(5)—

(a) in paragraph (1)(a) for “paragraph (2)(b)” there shall be substituted “paragraphs (2)(b), (29) and (30)”;

(b) in paragraph (2) for “was made” there shall be substituted “had effect”;

(c) in paragraph (5) after “regulation 6(2)(c)” there shall be inserted “(i)”;

(d) for paragraph (9)(a) there shall be substituted—

“(a) where the decision is made on the Secretary of State’s own initiative—

(i) the date on which the Secretary of State commenced action with a view to supersession; or

(ii) subject to paragraph (30), in a case where the relevant circumstances are that there has been a change in the legislation in relation to attendance allowance or disability living allowance, the date on which that change in the legislation had effect;”;

(e) after paragraph (29) there shall be added—

“(30) Where a decision is superseded in accordance with regulation 6(2)(a)(i) and the relevant circumstances are that there has been a change in the legislation in relation to a relevant benefit, the decision under section 10 shall take effect from the date on which that change in the legislation had effect.

(31) Where a decision is superseded in accordance with regulation 6(2)(a)(ii) and the relevant circumstances are that—

(a) a personal capability assessment has been carried out in the case of a person to whom section 171C(4) of the Contributions and Benefits Act(6) applies; and

(b) the own occupation test remains applicable to him under section 171B(3) of that Act(7),

the decision under section 10 shall take effect on the day immediately following the day on which the own occupation test is no longer applicable to that person.

(32) For the purposes of paragraph (31)—

(a) “personal capability assessment” has the same meaning as in regulation 24 of the Social Security (Incapacity for Work) (General) Regulations 1995(8);

(b) “own occupation test” has the same meaning as in section 171B(2) of the Contributions and Benefits Act.

(33) A decision to which regulation 6(2)(c)(ii) applies shall take effect from the date on which the appeal tribunal or the Commissioner’s decision would have taken effect had it been decided in accordance with the determination of the Commissioner or the court in the appeal referred to in section 26(1)(b).”.

(6) In regulation 7B of the Decisions and Appeals Regulations (date from which a decision superseded under section 17 of the Child Support Act takes effect)(9) after paragraph (22) there shall be inserted—

“(22A) Where a superseding decision is made in a case to which regulation 6A(4A) applies the decision shall take effect from the first day of the maintenance period following the date the appeal tribunal or the Commissioner’s decision would have taken effect had it been decided in accordance with the determination of the Commissioner or the court in the appeal referred to in section 28ZB(1)(b) of the Child Support Act.”.

(1)

S.I. 1999/991. Regulation 3(9) was substituted by S.I. 1999/2677.

(2)

The relevant amending instruments are S.I. 1999/1623 and S.I. 2000/897.

(3)

Regulation 6A was inserted by S.I. 2000/3185.

(4)

Section 28ZB was inserted by the Social Security Act 1998 (c. 14), section 43.

(5)

The relevant amending instruments are S.I. 2000/119, S.I. 2000/1596, S.I. 2002/490 and S.I. 2002/3019.

(6)

1992 c. 4. Section 171C was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18), section 5 and substituted by the Welfare Reform and Pensions Act 1999 (c. 30), section 16.

(7)

Section 171B was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18), section 5.

(8)

S.I. 1995/311, the relevant amending instrument is S.I. 1999/3109.

(9)

Regulation 7B was inserted by S.I. 2000/3185 and amended by S.I. 2002/1204 and S.I. 2003/328.