PART IV DECISIONS REVERSING EARLIER DECISIONS

Decisions reversing earlier decisions made by the Secretary of State or appeal tribunals11

1

The Secretary of State may make a decision under section 3A(1) of the Act which reverses a decision of his, made under section 3 of the Act, or of an appeal tribunal, made under section 4 of the Act—

a

pursuant to an application in the circumstances described in paragraph (2) below; or

b

except where paragraph (3) applies, on his own initiative.

2

The circumstances referred to in paragraph (1)(a) above are—

a

the application is made in writing and contains an explanation as to why the applicant believes the decision in respect of which the application is made to be wrong; and

b

where the application is in respect of a decision of the Secretary of State, the application is made within six years of the date on which notification of that decision was given; or

c

where the application is in respect of a decision of an appeal tribunal, the application is made before whichever is the later of—

i

the date two years after the date on which notification of that decision was given; or

ii

the date six years after the date on which notification of the decision of the Secretary of State which was appealed was given.

3

This paragraph applies where—

a

less than 21 days have elapsed since notice under regulation 12 below was given; or

b

more than six years have elapsed since the date on which notification of that decision was given except where it appears to the Secretary of State that a payment was made in consequence of a misrepresentation or failure to disclose any material fact.

4

Where the Secretary of State has made a decision under section 3A(1) of the Act, he shall notify—

a

the disabled person (if he is alive) to whom the decision relates; and

b

if the disabled person is not a claimant, the claimant who made the claim in respect of that disabled person,

of that decision and the reasons for it.

Procedure by which a decision may be made under section 3A of the Act on the Secretary of State’s own initiative12

Where the Secretary of State on his own initiative proposes to make a decision under section 3A of the Act reversing a decision (“the original decision") of his or of an appeal tribunal he shall give notice in writing of his proposal to—

a

the disabled person (if he is alive) to whom the original decision relates; and

b

the claimant in relation to the original decision where he is not the disabled person.