The Social Security (Miscellaneous Amendments) (No.4) Regulations 2007

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

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

(2) In regulation 3(5)(b)(2) (revision of decisions), for “except in the case of a disability decision or an incapacity benefit decision where there has been an incapacity determination (whether before or after the decision)”, substitute “except in a case to which sub-paragraph (c) or (d) applies,”.

(3) In regulation 3(5)(c)(3), at the beginning, insert “subject to sub-paragraph (d),”.

(4) After regulation 3(5)(c), add—

“(d) where the decision is a disability benefit decision, or is an incapacity benefit decision, which was made in ignorance of, or was based upon a mistake as to, some material fact not in relation to the incapacity or disability determination embodied in or necessary to the incapacity benefit decision or disability benefit decision, and as a result of that ignorance of, or mistake as to that fact, the decision was more advantageous to the claimant than it would otherwise have been but for the ignorance or mistake,”.

(5) After regulation 3(5A)(4) insert—

“(5B) A decision by the Secretary of State under section 8 or 10 awarding incapacity benefit may be revised at any time if—

(a) it incorporates a determination that the condition in regulation 28(2)(b) of the Social Security (Incapacity for Work) (General) Regulations 1995(5) (conditions for treating a person as incapable of work until the personal capability assessment is carried out) is satisfied;

(b) the condition referred to in sub-paragraph (a) was not satisfied at the time when the further claim was first determined; and

(c) there is a period before the award which falls to be decided.”.

(6) In regulation 7(2)(bc)(6) (date from which a decision superseded under section 10 takes effect), at the beginning, insert “subject to sub-paragraph (bd),”.

(7) After regulation 7(2)(bc) add—

“(bd) sub-paragraph (bc) shall only apply to the disabled person whose benefit is affected by the cessation of payment of carer’s allowance;”.

(8) In regulation 7A(1)(7) (definitions for the purposes of regulations 3(5)(c), 6(2)(g), 7(2)(c) and (5) and ancillary provisions), in the definition of “incapacity benefit decision”, at the end, add “or an award of long term incapacity benefit under regulation 17(1) (transitional awards of long-term incapacity benefit) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995(8)”.

(9) In Schedule 3B, paragraph 6(9), (date on which change of circumstances takes effect where claimant entitled to state pension credit) for “Social Security (Hospital In-Patients) Regulations 1975(10)” substitute “Social Security (Hospital In-Patients) Regulations 2005(11)”.

(1)

S.I. 1999/991.

(2)

Regulation 3(5)(b) was amended by S.I. 1999/1623.

(3)

Regulation 3(5)(c) was inserted by S.I. 1999/1623.

(4)

Regulation 3(5A) was inserted by S.I. 2002/1379.

(5)

S.I. 1995/311. Regulation 28(2)(b) was amended by S.I. 1995/987 and S.I. 1996/3207.

(6)

Regulation 7(2)(bc) was inserted by S.I. 2006/2377.

(7)

Regulation 7A was inserted by S.I. 1999/1623 and amended by S.I. 2000/1596.

(8)

S.I. 1995/310.

(9)

Schedule 3B was inserted by S.I. 2002/3019.

(10)

S.I. 1975/555. These Regulations were revoked by S.I. 2005/3360.

(11)

S.I. 2005/3360.