The Universal Credit (Transitional Provisions) Regulations 2014

[F1 Effect of revision, appeal etc. of an award of an existing benefit U.K.

62.— (1) Nothing in regulation 53 (total legacy amount) or 54 (indicative UC amount) requiring a calculation in relation to the transitional element to be made on the basis of information held on the migration day prevents the Secretary of State from revising or superseding a decision in relation to a claim for, or an award of, universal credit where—

(a) in the opinion of the Secretary of State, the information held on that day was inaccurate or incomplete in some material respect because of—

(i) a misrepresentation by a claimant,

(ii) a failure to report information that a claimant was required to report where that failure was advantageous to the claimant, or

(iii) an official error; or

(b) a decision has been made on or after the migration day on—

(i) an application made before migration day to revise or supersede a decision in relation to an award of an existing benefit (including the report of a change of circumstances), or

(ii) an appeal in relation to such an application.

(2) In this regulation “official error” means an error that—

(a) was made by an officer of, or an employee of a body acting on behalf of, the Department for Work and Pensions, HMRC or a local authority that administers housing benefit; and

(b) was not caused, or materially contributed to, by any person outside that body or outside the Department, HMRC or local authority,

but excludes any error of law which is shown to have been such by a subsequent decision of the Upper Tribunal or of a court as defined in section 27(7) of the Social Security Act 1998.]

Textual Amendments

F1 Pt. 4 inserted (24.7.2019) by The Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1152), regs. 1(2), 3(7) (with reg. 2)