4(1)Subject to [F1sub-paragraphs (4) and (4A)], the following, namely—E+W+S
(a)any relevant decision (whether as originally made or as revised under paragraph 3), and
(b)any decision under this Schedule [F2of the First-tier Tribunal or any decision of the Upper Tribunal which relates to any such decision],
may be superseded by a decision made by the appropriate relevant authority, either on an application made for the purpose by a person affected by the decision or on their own initiative.
(2)In this paragraph “the appropriate relevant authority” means the authority which made the decision being superseded, the decision appealed against to the [F3First-tier Tribunal] or, as the case may be, the decision to which the decision being appealed against to the [F4Upper Tribunal] relates.
(3)In making a decision under sub-paragraph (1), the relevant authority need not consider any issue that is not raised by the application or, as the case may be, did not cause them to act on their own initiative.
(4)Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this paragraph.
[F5(4A)Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision relating to housing benefit must be made by the appropriate relevant authority.]
(5)Subject to sub-paragraph (6) and paragraph 18, a decision under this paragraph shall take effect as from the date on which it is made or, where applicable, the date on which the application was made.
(6)Regulations may provide that, in prescribed cases or circumstances, a decision under this paragraph shall take effect as from such other date as may be prescribed.
Textual Amendments
F1Words in Sch. 7 para. 4(1) substituted (1.10.2007 for certain purposes and 7.4.2008 otherwise) by Welfare Reform Act 2007 (c. 5), ss. 30(3)(a), 70; S.I. 2007/2872, art. 2(2)(3) (subject to arts. 3-5)
F2Words in Sch. 7 para. 4(1)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(2)(a)
F3Words in Sch. 7 para. 4(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(2)(b)(i)
F4Words in Sch. 7 para. 4(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(2)(b)(ii)
F5Sch. 7 para. 4(4A) inserted (1.10.2007 for certain purposes and 7.4.2008 otherwise) by Welfare Reform Act 2007 (c. 5), ss. 30(3)(b), 70; S.I. 2007/2872, art. 2(2)(3) (subject to arts. 3-5)
Commencement Information
I1Sch. 7 para. 4 wholly in force at. 2.7.2001; Sch. 7 para. 4 not in force at Royal Assent see s. 86(2)(3)(a); Sch. 7 para. 4 in force for certain purposes at 1.11.2000 by S.I. 2000/2950, art. 3(c); Sch. 7 para. 4 in force at 2.7.2001 by S.I. 2001/1252, art. 2(2)(a)(i)