6. In regulation 3 M1 (revision of decisions)—
(a)for sub-paragraph (a) of paragraph (1) there shall be substituted the following sub-paragraph—
“(a)he commences action leading to the revision within one month of the date of—
(i)notification of the original decision; or
(ii)the making of an appeal under section 12 provided that the appeal is made within the time prescribed in regulation 31 or, in a case to which regulation 32 applies, the time prescribed in that regulation; or”; and
(b)for paragraph (9) there shall be substituted the following paragraph—
“(9) Paragraph (1) shall not apply in respect of—
(a)a relevant change of circumstances which occurred since the decision was made or where the Secretary of State has evidence or information which indicates that a relevant change of circumstances will occur; nor
(b)a decision which relates to an attendance allowance or a disability living allowance where the person is terminally ill, within the meaning of section 66(2)(a) of the Contributions and Benefit Act, unless an application for revision which contains an express statement that the person is terminally ill is made either by—
(i)the person himself; or
(ii)any other person purporting to act on his behalf whether or not that other person is acting with his knowledge or authority,
but where such an application is received a decision may be so revised notwithstanding that no claim under section 66(1) or, as the case may be, 72(5) or 73(12) of that Act has been made.”.
Marginal Citations
M1Regulation 3 was amended by S.I. 1999/1623 and 1662 (C. 47).
7. In regulation 6 (supersession of decisions)—
(a)for sub-paragraph (f) of paragraph (2) there shall be substituted the following sub-paragraph—
“(f)is a decision that a jobseeker’s allowance is payable to a claimant where that allowance ceases to be payable by virtue of section 19(1) of the Jobseekers Act;”;
and
(b)after sub-paragraph (b) of paragraph (6) there shall be added the following sub-paragraph—
“(c)the fact that a person has become terminally ill, within the meaning of section 66(2)(a) of the Contributions and Benefits Act, unless an application for supersession which contains an express statement that the person is terminally ill is made either by—
(i)the person himself; or
(ii)any other person purporting to act on his behalf whether or not that other person is acting with his knowledge or authority;
and where such an application is received a decision may be so superseded nothwithstanding that no claim under section 66(1) or, as the case may be, 72(5) or 73(12) of that Act has been made.”.
8. For paragraph (8) of regulation 7 M2 (date from which a decision superseded under section 10 takes effect) there shall be substituted the following paragraph—
“(8) A decision to which regulation 6(2)(f) applies shall take effect—
(a)where section 19(2) of the Jobseekers Act applies, as from the beginning of the period specified in regulation 69 of the Jobseeker’s Allowance Regulations; or
(b)where section 19(3) of the Jobseekers Act applies, as from the beginning of the period determined in accordance with that subsection.”.
Marginal Citations
M2Regulations 6 and 7 were amended by S.I. 1999/1623.
[F19. In regulation 33(1)(a)(i) (making of appeals and applications), after the word “under" there shall be inserted the words “section 4(1) of the Vaccine Damage Payments Act,".]
Textual Amendments
[F210. In regulation 53(3) (decisions of appeal tribunals), for sub-paragraph (b) there shall be substituted the following sub-paragraph—
“(b)except in the case of an appeal under the Vaccine Damage Payments Act, the conditions governing appeals to a Commissioner.”.]
Textual Amendments
F2Reg. 10 revoked () (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 2 (with arts. 3(3)(b), 4)