The Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Miscellaneous Amendments) Regulations 2011

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

2.  In regulation 7 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999(1)(date from which a decision superseded takes effect)—

(a) at the beginning of paragraph (9) insert “Except where paragraph (9A) applies,”;

(b) after paragraph (9) insert—

“(9A) Where—

(a) on or after 8th March 2001, the claimant had an award of attendance allowance, carer’s allowance, or the care component of disability living allowance;

(b) the Secretary of State made a superseding decision in accordance with regulation 6(2)(a) to end that award on the ground that there had been, or it was anticipated that there would be, a relevant change of circumstances as a result of the claimant moving, or planning to move, from Great Britain to an EEA state or Switzerland; and

(c) the Secretary of State supersedes that decision in accordance with regulation 6(2)(b)(i) on the ground that it was erroneous in point of law,

the superseding decision referred to in sub-paragraph (c) shall take effect from 18th October 2007.”.

(1)

S.I.1999/991 to which there are amendments which are not relevant to these Regulations.