The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 No. 1554

PART 4 Administrative Provisions

CHAPTER 2 The Social Security and Child Support (Decisions and Appeals) Regulations 1999

Amendment of regulation 6

32.—(1) Regulation 6 (supersession of decisions) is amended as follows.

(2) In paragraph (2) M1 —

(a) in sub-paragraph (a)(i) after “Regulations” insert “ or regulation 146 of the Employment and Support Allowance Regulations ”;

(b) in sub-paragraph (i) for “or income support” substitute “ , income support or an employment and support allowance ”; and

(c) after sub-paragraph (o) add—

“(p) is a decision awarding employment and support allowance where there has been a failure determination;

(q) is a decision made in consequence of a failure determination where the reduction ceases to have effect under of regulation 64 of the Employment and Support Allowance Regulations;

(r) is an employment and support allowance decision where, since the decision was made, the Secretary of State has received medical evidence from a health care professional approved by the Secretary of State for the purposes of regulation 23 or 38 of the Employment and Support Allowance Regulations.”.

(3) In paragraph (6)(a) M2 after “Income Support Regulations” insert “ , regulation 137 of the Employment and Support Allowance Regulations ”.

Marginal Citations

M1 Paragraph (2) was amended by S.I. 1999/1623, 1999/2570 and 1999/2677, 2000/1596, 2001/1711 and 2000/1982, 2002/428, 2002/490, 2000/897 and 2002/3019, 2003/1050, 2003/1886 and 2003/2274, 2004/959, 2005/337 and 2005/2677.

M2 Paragraph (6) was amended by S.I. 1999/2677 and 2005/337.