The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2006

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

5.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations 1999(1) are amended as follows.

(2) In regulation 3 (revision of decisions)—

(a) in paragraph (7B)(2) after “successful” add “or lapses”;

(b) in paragraph (7C)—

(i) after “incapable of work and” insert “the decision which embodies that determination is revised or”; and

(ii) for “that embodies” substitute “which embodies”; and

(c) after paragraph (7E)(3) insert—

“(7F) A decision under regulation 17(1)(d) of the Income Support Regulations that a person is no longer entitled to a disability premium because of a determination that he is not incapable of work may be revised where the decision which embodies that determination is revised or his appeal against the decision is successful.”.

(3) In regulation 7 (date from which a decision superseded under section 10 takes effect)—

(a) in paragraph (2)(c)(4)—

(i) omit head (iii); and

(ii) after head (ii) add—

“(iv) in the case of a disability benefit decision, where the change of circumstances is not in relation to the disability determination embodied in or necessary to the disability benefit decision, from the date of the change; or

(v) in any other case, except in the case of a decision which supersedes a disability benefit decision, from the date of the change.”; and

(b) for paragraph (7)(5) substitute—

“(7) A decision which is superseded in accordance with regulation 6(2)(e) or (ee) shall be superseded—

(a) subject to sub-paragraph (b), from the date on which entitlement arises to the other relevant benefit referred to in regulation 6(2)(e)(ii) or (ee) or to an increase in the rate of that other relevant benefit; or

(b) where the claimant or his partner—

(i) is not a severely disabled person for the purposes of section 135(5) of the Contributions and Benefits Act (the applicable amount) or section 2(7) of the State Pension Credit Act (guarantee credit)

(ii) by virtue of his having—

(aa) a non-dependant as defined by regulation 3 of the Income Support Regulations; or

(bb) a person residing with him for the purposes of paragraph 1 of Schedule 1 to the State Pension Credit Regulations whose presence may not be ignored in accordance with paragraph 2 of that Schedule,

at the date the superseded decision would, but for this sub-paragraph, have had effect,

from the date on which the claimant or his partner ceased to have a non-dependant or person residing with him or from the date on which the presence of that person was first ignored.”.

(4) In Schedule 3B(6) (date on which change of circumstances takes effect where claimant entitled to state pension credit) after paragraph 6 add—

“7.   Where an amount of state pension credit payable under an award is changed by a superseding decision specified in paragraph 8 the superseding decision shall take effect from the day specified in paragraph 1(b).

8.   The following are superseding decisions for the purposes of paragraph 7—

(a) a decision which supersedes a decision specified in regulation 6(2)(b) to (ee) and (m); and

(b) a superseding decision which would, but for paragraphs 2 and 7, take effect from a date specified in regulation 7(5) to (7), (12) to (16) and (29C).”.

(1)

S.I. 1999/991.

(2)

Paragraphs (7B) and (7C) were inserted by S.I. 2005/337.

(3)

Paragraph (7E) was inserted by S.I. 2005/2677.

(4)

Sub-paragraph (c) was amended by S.I. 1999/1623 and 3178.

(5)

Paragraph (7) was substituted by S.I. 2002/428 and amended by S.I. 2005/337.

(6)

Schedule 3B was inserted by S.I. 2002/3019 and amended by S.I. 2003/2274.