The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011

Amendments to the Social Security and Child Support (Decisions and Appeals) Regulations 1999

12.  Regulation 3 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999(1) (revision of decisions) is amended as follows—

(a) after paragraph (5C)(2) insert–

“(5D) A decision by the Secretary of State under section 8 or 10 awarding an employment and support allowance may be revised at any time if—

(a) it incorporates a determination that the conditions in regulation 30 of the Employment and Support Allowance Regulations are satisfied;

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

(c) there is a period before the award which falls to be decided.(3)”; and

(b) after paragraph (5F)(4) insert–

“(5G) Where—

(a) a person’s entitlement to an employment and support allowance is terminated because of a decision which embodies a determination that the person does not have limited capability for work;

(b) the person appeals that decision to the First-tier Tribunal;

(c) before or after that decision is appealed by the person, that person claims and there is a decision to award–

(i) income support, or

(ii) jobseeker’s allowance; and

(d) the decision referred to in sub-paragraph (a) is successfully appealed,

the decision to award income support or jobseeker’s allowance may be revised.

(5H) Where—

(a) a conversion decision within the meaning of regulation 5(2)(b) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010(5) (deciding whether an existing award qualifies for conversion) is made in respect of a person;

(b) the person appeals that decision to the First-tier Tribunal;

(c) before or after that decision is appealed by the person, that person claims and there is a decision to award–

(i) income support, or

(ii) jobseeker’s allowance; and

(d) the decision referred to in sub-paragraph (a) is successfully appealed,

the decision to award income support or jobseeker’s allowance may be revised.”.

(1)

S.I. 1999/991.

(2)

Paragraph (5C) was inserted by regulation 31(4) of S.I. 2008/1554.

(3)

Regulation 3(5D) was inserted originally by regulation 31(4) of S.I. 2008/1554 and revoked by regulation 3(2)(a) of S.I. 2009/1490.

(4)

Paragraph (5F) was inserted by regulation 7(2) of S.I. 2010/840.

(5)

S.I. 2010/1907, as amended by S.I. 2010/2430.