The Social Security and Child Support (Decisions and Appeals) Regulations 1999

PART IIE+W+SF1 REVISIONS, SUPERSESSIONS AND OTHER MATTERS SOCIAL SECURITY [F2AND CHILD SUPPORT]

Textual Amendments

F1 Pts. II III IV revoked (7.4.2003 for specified purposes and with effect in accordance with reg. 1(2)) by The Child Benefit and Guardian s Allowance (Decisions and Appeals) Regulations 2003 (S.I. 2003/916) , regs. 1(1) , 34(a) (with reg. 35 )

F2 Words in Pt. II added (3.3.2003 for specified purposes and ) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185) , reg. 1(1) (2) 4 (with reg. 14(3) ) (see S.I. 2003/192, art. 3, Sch.)

CHAPTER IE+W+SREVISIONS

Revision of decisionsE+W+S

3.—(1) Subject to the following provisions of this regulation, any decision of the Secretary of State [F3or the Board or an officer of the Board] under section 8 or 10 (“the original decision”) may be revised by him [F4or them] if—

[F5(a)he or they commence action leading to revision within one month of the date of notification of the original decision; or

(b)an application for a revision is received by the Secretary of State or the Board or an officer of the Board at the appropriate office—

(i)subject to regulation 9A(3), within one month of the date of notification of the original decision;

(ii)where a written statement is requested under [F6paragraph (3)(b) of regulation 3ZA or] paragraph (1)(b) of regulation 28 and is provided within the period specified in head (i), within 14 days of the expiry of that period;

(iii)where a written statement is requested under [F6paragraph (3)(b) of regulation 3ZA or] paragraph (1)(b) of regulation 28 and is provided after the period specified in head (i), within 14 days of the date on which the statement is provided; or

(iv)within such longer period as may be allowed under regulation 4.]

(2) Where the Secretary of State [F3or the Board or an officer of the Board] requires further evidence or information from the applicant in order to consider all the issues raised by an application under paragraph (1)(b) (“the original application”), he [F7or they] shall notify the applicant that further evidence or information is required and the decision may be revised—

(a)where the applicant provides further relevant evidence or information within one month of the date of notification or such longer period of time as the Secretary of State [F3or the Board or an officer of the Board] may allow; or

(b)where the applicant does not provide such evidence or information within the time allowed under sub-paragraph (a), on the basis of the original application.

(3) In the case of a payment out of the social fund in respect of maternity or funeral expenses, a decision under section 8 may be revised where the application is made—

(a)within one month of the date of notification of the decision, or if later

(b) within the time prescribed for claiming such a payment under regulation 19 of, and Schedule 4 to, the Claims and Payments Regulations M1 , or

(c)within such longer period of time as may be allowed under regulation 4.

(4)  In the case of a decision made under the Pension Schemes Act 1993 M2 by virtue of section 170(2) of that Act, the decision may be revised at any time by [F8an officer of the Board] where it contains an error.

[F9(4A) Where there is an appeal against an original decision (within the meaning of paragraph (1)) within the time prescribed [F10by Tribunal Procedure Rules] but the appeal has not been determined, the original decision may be revised at any time.]

(5) A decision of the [F11Secretary of State [F11Board or an officer of the Board]] under section 8 or 10—

(a)[F12except where paragraph (5ZA) applies] which arose from an official error; or

(b)[F13[F14except in a case to which sub-paragraph (c) or (d) applies,] where the decision was made in ignorance of, or was based upon a mistake as to, some material fact and as a result of that ignorance of or mistake as to that fact, the decision was more advantageous to the claimant than it would otherwise have been but for that ignorance or mistake,]

[F13which was made in ignorance of, or was based on a mistake as to, some material fact,]

[F15(c)[F16subject to sub-paragraph (d),] where the decision is a disability benefit decision, or is an incapacity benefit decision where there has been an incapacity determination [F17or is an employment and support allowance decision where there has been a limited capability for work determination] (whether before or after the decision), which was made in ignorance or, or was based upon a mistake as to, some material fact in relation to a disability determination embodied in or necessary to the disability benefit decision[F18, the incapacity determination or the limited capability for work determination], and

(i)as a result of that ignorance of or mistake as to that fact the decision was more advantageous to the claimant than it would otherwise have been but for that ignorance or mistake and,

(ii)the Secretary of State is satisfied that at the time the decision was made the claimant or payee knew or could reasonably have been expected at the time the decision was made to know of the fact in question and that it was relevant to the decision,]

[F19(d)where the decision [F20is an employment and support allowance decision,] is a disability benefit decision, or is an incapacity benefit decision, which was made in ignorance of, or was based upon a mistake as to, some material fact not in relation to the [F21limited capability for work determination,] incapacity or disability determination embodied in or necessary to [F22the employment and support allowance decision,] the incapacity benefit decision or disability benefit decision, and as a result of that ignorance of, or mistake as to that fact, the decision was more advantageous to the claimant than it would otherwise have been but for the ignorance or mistake,]

may be revised [F23at any time by the Secretary of State. [F23by the Board or an officer of the Board at any time not later than the end of the period of six years immediately following the date of the decision or, where ignorance of the material fact referred to in sub-paragraph (b) was caused by the fraudulent or negligent conduct of the claimant, not later than the end of the period of twenty years immediately following the date of the decision.]]

[F24(5ZA) This paragraph applies where—

(a)the decision which would otherwise fall to be revised is a decision to award a benefit specified in paragraph (5ZB), whether or not the award has already been put in payment;

(b)that award was based on the satisfaction by a person of the contribution conditions, in whole or in part, by virtue of credits of earnings for incapacity for work or approved training in the tax years from 1993-94 to 2007-08;

(c) the official error derives from the failure to transpose correctly information relating to those credits from the Department for Work and Pensions’ Pension Strategy Computer System to Her Majesty’s Revenue and Customs’ computer system ( NIRS2 ) or from related clerical procedures; and

(d)that error has resulted in an award to the claimant which is more advantageous to him than if the error had not been made.

(5ZB) The specified benefits are—

(a)bereavement allowance;

[F25(aa)bereavement support payment under section 30 of the Pensions Act 2014;]

(b)contribution-based jobseeker’s allowance;

(c)incapacity benefit;

(d)retirement pension;

(e)widowed mother’s allowance;

(f) widowed parent’s allowance; F26 ...

(g)widow’s pension; [F27and

(h)contributory employment and support allowance.]

(5ZC) In paragraph (5ZA)(b), “tax year” has the meaning ascribed to it by section 122(1) of the Contributions and Benefits Act.]

[F28(5A) Where—

(a)the Secretary of State or the Board or an officer of the Board, as the case may be, makes a decision under section 8 or 10, or that decision is revised under section 9, in respect of a claim or award (“decision A”) and the claimant appeals against decision A;

(b)decision A is superseded or the claimant makes a further claim which is decided (“decision B”) after the claimant made the appeal but before the appeal results in a decision by [F29the First-tier Tribunal] (“decision C”); and

(c)the Secretary of State or the Board or an officer of the Board, as the case may be, would have made decision B differently if he or they had been aware of decision C at the time he or they made decision B,

decision B may be revised at any time.]

[F30(5B) A decision by the Secretary of State under section 8 or 10 awarding incapacity benefit may be revised at any time if—

(a)it incorporates a determination that the condition in regulation 28(2)(b) of the Social Security (Incapacity for Work) (General) Regulations 1995 (conditions for treating a person as incapable of work until the personal capability assessment is carried out) is satisfied;

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

(c)there is a period before the award which falls to be decided.]

[F31(5C) A decision of the Secretary of State under section 10 made in consequence of a failure determination may be revised at any time if it contained an error to which the claimant did not materially contribute;]

(5D) [F32A 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.]

[F33(5E) A decision under section 8 or 10 awarding an employment and support allowance may be revised if—

(a)the decision of the Secretary of State awarding an employment and support allowance was made on the basis that the claimant had made and was pursuing an appeal against a decision of the Secretary of State that the claimant did not have limited capability for work (“the original decision”); and

(b)the appeal to the First-tier Tribunal in relation to the original decision is successful.

(5F) A decision under section 8 or 10 awarding an employment and support allowance may be revised if—

(a) the person’s current period of limited capability for work is treated as a continuation of another such period under regulation 145(1) F34 ... of the Employment and Support Allowance Regulations; and

(b)regulation 7(1)(b) of those Regulations applies.]

[F35(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 (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.]

[F36(5I) Where—

(a)a decision to terminate a person’s entitlement to a contributory employment and support allowance is made because of section 1A of the Welfare Reform Act (duration of contributory allowance); and

(b)it is subsequently determined, in relation to the period of entitlement before that decision, that the person had or is treated as having had limited capability for work-related activity,

the decision to terminate that entitlement may be revised.]

[F37(5J) A decision by the Secretary of State under section 8 awarding an employment and support allowance may be revised at any time where—

(a)it is made immediately following the last day of a period for which the claimant was treated as capable of work or as not having limited capability for work under regulation 55ZA of the Jobseeker’s Allowance Regulations or regulation 46A of the Jobseeker’s Allowance Regulations 2013 (extended period of sickness) and that period lasted 13 weeks; and

(b)it is not a decision which embodies a determination that the claimant is treated as having limited capability for work under regulation 30 of the Employment and Support Allowance Regulations (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made).]

[F38(6) A decision of the Secretary of State under section 8 or 10 that a jobseeker’s allowance is reduced in accordance with section 19 or 19A of the Jobseeker’s Act or regulation 69B of the Jobseeker’s Allowance Regulations may be revised at anytime by the Secretary of State.]

[F39(6A) A relevant decision within the meaning of section 2B(2) [F40or (2A)] of the Administration Act may be revised at any time if it contains an error.]

[F41(6B)  A decision of the Secretary of State under section 8 or 10 awarding a jobseeker’s allowance may be revised where the Secretary of State makes a decision under regulation 69B (the period of a reduction under section 19B: claimants ceasing to be available for employment etc. ) of the Jobseeker’s Allowance Regulations (“the JSA Regulations ”) that the amount of the award is to be reduced in accordance with regulations 69B and 70 of the JSA Regulations . ]

[F42(7) Where—

(a)the Secretary of State or an officer of the Board makes a decision under section 8 or 10 awarding a relevant benefit to a claimant (“the original award”); and

(b)an award of another relevant benefit or of an increase in the rate of another relevant benefit is made to the claimant or a member of his family for a period which includes the date on which the original award took effect,

the Secretary of State or an officer of the Board, as the case may require, may revise the original award.]

[F43(7ZA) Where—

(a)the Secretary of State makes a decision under section 8 or 10 awarding income support[F44, [F45income-based jobseeker’s allowance,] state pension credit or an income-related employment and support allowance] to a claimant (“the original award”);

(b) the claimant has a non-dependant within the meaning of regulation 3 of the Income Support Regulations[F46, regulation 2 of the Jobseeker’s Allowance Regulations] [F47or regulation 71 of the Employment and Support Allowance Regulations] or a person residing with him within the meaning of paragraph 1(1)(a)(ii), (b)(ii) or (c)(iii) of Schedule I to the State Pension Credit Regulations (“the non-dependant”);

(c)but for the non-dependant—

(i) a severe disability premium would be applicable to the claimant under regulation 17(1)(d) of the Income Support Regulations[F48, regulation 83(e) or 86A(c) of the Jobseeker’s Allowance Regulations] [F49or regulation 67 of the Employment and Support Allowance Regulations] ; or

(ii) an additional amount would be applicable to the claimant as a severe disabled person under regulation 6(4) of the State Pension Credit Regulations; and

(d)after the original award the non-dependant is awarded benefit which—

(i)is for a period which includes the date on which the original award took effect; and

(ii) is such that a severe disability premium becomes applicable to the claimant under paragraph 13(3)(a) of Schedule 2 to the Income Support Regulations[F50, paragraph 15(4)(a) or 20I(3)(a) of Schedule 1 to the Jobseeker’s Allowance Regulations][F51, paragraph 6(4)(a) of Schedule 4 to the Employment and Support Allowance Regulations] or an additional amount for severe disability becomes applicable to him under paragraph 2(2)(a) of Schedule I to the State Pension Credit Regulations,

the Secretary of State may revise the original award.]

[F52(7A) Where a decision as to a claimant’s entitlement to a disablement pension under section 103 of the Contributions and Benefits Act is revised by the Secretary of State, or changed on appeal, a decision of the Secretary of State as to the claimant’s entitlement to reduced earnings allowance under paragraph 11 or 12 of Schedule 7 to that Act may be revised at any time provided that the revised decision is more advantageous to the claimant than the original decision.]

[F53(7B) A decision under regulation 22A of the Income Support Regulations (reduction in applicable amount where the claimant is appealing against a decision which embodies a determination that he is not incapable of work) may be revised if the appeal is successful [F54or lapses].

(7C) Where a person’s entitlement to income support is terminated because of a determination that he is not incapable of work and [F55the decision which embodies that determination is revised or] he subsequently appeals the decision [F56which embodies] that determination and is entitled to income support under regulation 22A of the Income Support Regulations, the decision to terminate entitlement may be revised.]

[F57(7CC)  Where—

(a)a person’s entitlement to income support is terminated because of a determination that the person is not incapable of work;

(b)the person subsequently claims and is awarded jobseeker’s allowance; and

(c)the decision which embodies the determination that the person is not incapable of work is revised or successfully appealed,

the Secretary of State may revise the decisions to terminate income support entitlement and to award jobseeker’s allowance.]

[F58(7CD) A decision of the Secretary of State under section 10 of the Act made in consequence of a determination under regulation 6(2) of the Income Support Work-Related Activity Regulations that a claimant has[F59, without showing good cause,] failed to satisfy a requirement of regulation 2 of those Regulations (requirement to undertake work-related activity) may be revised at any time if it contained an error to which the claimant did not materially contribute.]

[F60(7D) Where—

(a)a person elects for an increase of—

(i)a Category A or Category B retirement pension in accordance with paragraph A1 or 3C of Schedule 5 to the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred);

(ii)a shared additional pension in accordance with paragraph 1 of Schedule 5A to that Act (pension increase or lump sum where entitlement to shared additional pension is deferred); or, as the case may be,

(iii)graduated retirement benefit in accordance with paragraph 12 or 17 of Schedule 1 to the Graduated Retirement Benefit Regulations (further provisions replacing section 36(4) of the National Insurance Act 1965: increases of graduated retirement benefit and lump sums);

(b)the Secretary of State decides that the person or his partner is entitled to state pension credit and takes into account the increase of pension or benefit in making or superseding that decision; and

(c) the person's election for an increase is subsequently changed in favour of a lump sum in accordance with regulation 5 of the Deferral of Retirement Pensions etc. Regulations or, as the case may be, paragraph 20D of Schedule 1 to the Graduated Retirement Benefit Regulations,

the Secretary of State may revise the state pension credit decision.

[F61(7DA) The Secretary of State may revise the state pension credit decision where—

(a)a person chooses under—

(i)section 8(2) of the Pensions Act 2014 (choice of lump sum or survivor’s pension under section 9 in certain cases) to be paid a state pension under section 9 of that Act (survivor’s pension based on inheritance of deferred old state pension); or

(ii)Regulations made under section 10 of the Pensions Act 2014 (inheritance of graduated retirement benefit) which make provision corresponding or similar to section 8(2) to be paid a state pension under Regulations made under section 10 which make provision corresponding or similar to section 9 of that Act;

(b)the Secretary of State—

(i)decides that the person or their partner is entitled to state pension credit; and

(ii)takes into account the state pension mentioned in sub-paragraph (a) in making or superseding that decision; and

(c)the person’s choice for a state pension mentioned in sub-paragraph (a) is subsequently altered in favour of a lump sum in accordance with—

(i)regulation 6 of the State Pension Regulations 2015 (changing a choice of lump sum or survivor’s pension); or

(ii)Regulations made under section 10 of the Pensions Act 2014 which make provision corresponding or similar to regulation 6 of the State Pension Regulations 2015.

(7DB) The Secretary of State may revise an award of a state pension under Part 1 of the Pensions Act 2014 where—

(a)the person makes a choice under—

(i)section 8(2) of the Pensions Act 2014; or

(ii)Regulations under section 10 of that Act which make provision corresponding or similar to section 8(2); and

(b)the person subsequently alters their choice in accordance with—

(i)regulation 6 of the State Pension Regulations 2015; or

(ii)Regulations under section 10 of the Pensions Act 2014 which make provision corresponding or similar to regulation 6 of the State Pension Regulations 2015.]

(7E) Where—

(a)a person is awarded a Category A or Category B retirement pension, shared additional pension or, as the case may be, graduated retirement benefit;

(b)an election is made, or treated as made, in respect of the award in accordance with paragraph A1 or 3C of Schedule 5 or paragraph 1 of Schedule 5A to the Contributions and Benefits Act or, as the case may be, in accordance with paragraph 12 or 17 of Schedule 1 to the Graduated Retirement Benefit Regulations; and

(c) the election is subsequently changed in accordance with regulation 5 of the Deferral of Retirement Pensions etc. Regulations or, as the case may be, paragraph 20D of Schedule 1 to the Graduated Retirement Benefit Regulations,

the Secretary of State may revise the award.]

[F62(7EA) The Secretary of State may revise a decision made under regulation 18(1) that a person ceases to be entitled to a benefit specified in paragraph (7EB).

(7EB) Those benefits are—

(a)a Category A or Category B retirement pension;

(b)a shared additional pension;

(c)graduated retirement benefit.]

[F63(d)a state pension under Part 1 of the Pensions Act 2014.]

[F64(7F) A decision under regulation 17(1)(d) of the Income Support Regulations that a person is no longer entitled to a disability premium because of a determination that he is not incapable of work may be revised where the decision which embodies that determination is revised or his appeal against the decision is successful.]

(8) A decision of the Secretary of State [F65or the Board or an officer of the Board] which is specified in Schedule 2 to the Act or is prescribed in regulation 27 (decisions against which no appeal lies) may be revised at any time.

[F66(8A )] F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F68(8B) Where—

(a)a restriction is imposed on a person under section 6B, 7, 8 or 9 of the Social Security Fraud Act 2001 (loss of benefit provisions) as result of the person—

(i)being convicted of an offence by a court; or

(ii)agreeing to pay a penalty as an alternative to prosecution under section 115A of the Administration Act or section 109A of the Social Security Administration (Northern Ireland) Act 1992, and

(b)that conviction is quashed or set aside by that or any other court, or the person withdraws his agreement to pay a penalty,

a decision of the Secretary of State made under section 8(1)(a) or made under section 10 in accordance with regulation 6(2)(j) or (k) may be revised at any time.]

[F69(8C) A decision made under section 8 or 10 (“the original decision”) may be revised at any time—

(a)where, on or after the date of the original decision—

(i)a late paid contribution is treated as paid under regulation 5 of the Social Security (Crediting and Treatment of Contributions and National Insurance Numbers) Regulations 2001 (treatment of late paid contributions where no consent, connivance or negligence by the primary contributor) on a date which falls on or before the date on which the original decision was made;

(ii)a direction is given under regulation 6 of those Regulations (treatment of contributions paid late through ignorance or error) that a late contribution shall be treated as paid on a date which falls on or before the date on which the original decision was made; or

(iii)an unpaid contribution is treated as paid under regulation 60 of the Social Security (Contributions) Regulations 2001 (treatment of unpaid contributions where no consent, connivance or negligence by the primary contributor) on a date which falls on or before the date on which the original decision was made; and

(b)where any of paragraphs (i), (ii) or (iii) apply, either an award of benefit would have been made or the amount of benefit awarded would have been different.]

[F70(8D) A decision made under section 8 or 10 may be revised at any time where, by virtue of regulation 6C (treatment of Class 3 contributions paid under section 13A of the Act) of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001, a contribution is treated as paid on a date which falls on or before the date on which the decision was made.]

[F71(8E) A decision in relation to a claim for a contribution-based jobseeker’s allowance or a contributory employment and support allowance may be revised at any time where—

(a)on or after the date of the decision a contribution is treated as paid as set out in regulation 7A of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 (treatment of Class 2 contributions paid on or before the due date); and

(b)by virtue of the contribution being so treated, the person satisfies the contribution conditions of entitlement listed in column 2 of the table in paragraph (8G) in relation to a contribution-based jobseeker’s allowance or a contributory employment and support allowance.

(8F) A decision to award a benefit listed in column 1 of the table in paragraph (8G) may be revised at any time where, on or after the date of the decision—

(a)any of the circumstances set out in paragraph (8H) occur; and

(b)by virtue of the circumstance occurring, the person ceases to satisfy the contribution conditions of entitlement listed in the corresponding entry in column 2 of that table.

(8G) The table referred to in paragraphs (8E) and (8F) is as follows—

1. Benefit2. Contribution conditions of entitlement
Contribution-based jobseeker’s allowancethe conditions set out in section 2(1)(a) and (b) of the Jobseekers Act
Contributory employment and support allowancethe first and second conditions set out in paragraphs 1(1) and 2(1) of Schedule 1 to the Welfare Reform Act
[F72Bereavement support payment under section 30 of the Pensions Act 2014] [F73the contribution conditions set out in section 31 of the Pensions Act 2014 (bereavement support payment: contribution condition and amendments)]
Widowed parent’s allowancethe contribution conditions set out in paragraph 5(2) and (3) of Schedule 3 to the Contributions and Benefits Act
F74. . .F74. . .
Category A or Category B retirement pension under Part II of the Contributions and Benefits Actthe contribution conditions set out in paragraph 5(2) and (3) or, as the case may be, 5A(2) of Schedule 3 to the Contributions and Benefits Act
State pension under Part 1 of the Pensions Act 2014the conditions of entitlement to a state pension in section 2(1)(b) or, as the case may be, 2(2)(b) or 4(1)(b) and (c) of the Pensions Act 2014

(8H) The circumstances are—

(a)a Class 2 contribution is repaid to a person in consequence of an amendment or correction of the person’s relevant profits under section 9ZA or 9ZB of the Taxes Management Act 1970 (amendment or correction of return by taxpayer or officer of the Board); or

(b)a Class 2 contribution is returned to a person under regulation 52 of the Social Security (Contributions) Regulations 2001 (contributions paid in error); or

(c)a Class 1 or Class 2 contribution paid by a person to Her Majesty’s Revenue and Customs under section 223 of the Finance Act 2014 (accelerated payment in respect of notice given while tax enquiry is in progress) is repaid to the person.

(8I) A decision to award a benefit specified in paragraph (8K) may be revised at any time where, on or after the date of the decision—

(a)any of the circumstances set out in paragraph (8H) occur; and

(b)by virtue of the circumstances occurring, the decision was more advantageous to the claimant than it would otherwise have been.

(8J) A decision to award a benefit specified in paragraph (8K), or a decision that that benefit is not payable, may be revised at any time where, on or after the date of the decision, a contribution is treated as paid by the relevant day by virtue of regulation 7(1) of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 (treatment for the purpose of any contributory benefit of contributions paid under certain provisions relating to the payment and collection of contributions).

(8K) The benefits specified in this paragraph are—

(a)a bereavement benefit;

(b)a Category A or Category B retirement pension under Part II of the Contributions and Benefits Act;

(c)a state pension under Part 1 of the Pensions Act 2014.]

[F75(9) Paragraph (1) shall not apply in respect of—

(a)a relevant change of circumstances which occurred since the decision [F76had effect] [F77or, in the case of an advance award under regulation 13, 13A or 13C of the Claims and Payments Regulations, 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; F78...

(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;] [F79nor

(c) a decision which relates to an employment and support allowance where the claimant is terminally ill, within the meaning of regulation 2(1) of the Employment and Support Allowance Regulations unless the claimant makes an application which contains an express statement that he is terminally ill and where such an application is made, the decision may be revised.]

(10) The Secretary of State [F80or the Board] may treat an application for a supersession as an application for a revision.

(11) In this regulation and regulation 7, “appropriate office” means

(a)the office of the [F81Department for Work and Pensions] the address of which is indicated on the notification of the original decision; or

(b)in the case of a person who has claimed jobseeker’s allowance, the office specified by the Secretary of State in accordance with regulation 23 of the Jobseeker’s Allowance Regulations[F82; or

(c) in the case of a contributions decision which falls within Part II of Schedule 3 to the Act , any National Insurance Contributions office of the Board or any office of the [F83 Department for Work and Pensions ] ; or

(d)in the case of a decision made under the Pension Schemes Act 1993 by virtue of section 170(2) of that Act, any National Insurance Contributions office of the Board] [F84; or

(e)in the case of a person who has claimed working families' tax credit or disabled person’s tax credit, a Tax Credits Office, the address of which is indicated on the notification of the original decision]; [F85or]

[F86(f)in the case of a person who is, or would be, required to take part in a work-focused interview, an office of the Department for Work and Pensions which is designated by the Secretary of State as a Jobcentre Plus Office or an office of a designated authority which displays the ONE logo.]

[F87(12) In this regulation—

“relevant day” has the meaning given in regulation 7(3)(b) of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001;

“relevant profits” has the meaning given in section 11(3) of the Contributions and Benefits Act;]

Textual Amendments

F3 Words in reg. 3(1)(2) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 6(2)

F4 Words in reg. 3(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 6(3)

F7 Words in reg. 3(1)(2) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 6(3)

F11 Words in reg. 3(5) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 6(4)(a)

F13 Reg. 3(5)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 6(4)(b)

F23 Words in reg. 3(5) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 6(4)(c)

F25Reg. 3(5ZB)(aa) inserted (6.4.2017 coming into force in accordance with art. 1-3) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 15(3)(a)

F61Reg. 3(7DA)(7DB) inserted (6.4.2016 coming into force in accordance with art. 1(2)(b)) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 18(3)

F63Reg. 3(7EB)(d) inserted (6.4.2016 coming into force in accordance with art. 1(2)(b)) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 18(4)

F65 Words in reg. 3(7)-(9) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 6(2)

F67 Reg. 3(8A) omitted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 2010 (S.I. 2010/424), reg. 4(3)

F72Words in reg. 3(8G) substituted (6.4.2017 coming into force in accordance with art. 1-3) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 15(3)(b)(i)

F73Words in reg. 3(8G) substituted (6.4.2017 coming into force in accordance with art. 1-3) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 15(3)(b)(ii)

F74Words in reg. 3(8G) omitted (6.4.2017 coming into force in accordance with art. 1-3) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 15(3)(b)(iii)

F80 Words in reg. 3(10) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 6(5)

F84 Reg. 3(11)(e) and word added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 6(6)

Marginal Citations

M1 See in particular paragraphs 8 and 9 of Schedule 4 to the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968).

M2 1993 c.48; section 170 was substituted by paragraph 131 of Schedule 7 to the Social Security Act 1998.

[F88Consideration of revision before appealE+W+S

3ZA.—(1) This regulation applies in a case where—

(a)the Secretary of State gives a person written notice of a decision under section 8 or 10 of the Act (whether as originally made or as revised under section 9 of that Act); and

(b)that notice includes a statement to the effect that there is a right of appeal in relation to the decision only if the Secretary of State has considered an application for a revision of the decision.

(2) In a case to which this regulation applies, a person has a right of appeal under section 12(2) of the Act in relation to the decision only if the Secretary of State has considered on an application whether to revise the decision under section 9 of the Act.

(3) The notice referred to in paragraph (1) must inform the person—

(a)of the time limit specified in regulation 3(1) or (3) for making an application for a revision; and

(b)that, where the notice does not include a statement of the reasons for the decision (“written reasons”), he may, within one month of the date of notification of the decision, request that the Secretary of State provide him with written reasons.

(4) Where written reasons are requested under paragraph (3)(b), the Secretary of State must provide them within 14 days of receipt of the request or as soon as practicable afterwards.

(5) Where, as the result of paragraph (2), there is no right of appeal against a decision, the Secretary of State may treat any purported appeal as an application for a revision under section 9 of the Act. ]

Textual Amendments

[F89Revision of child support decisionsE+W+S

3A.—[F90(1) Subject to paragraph (2), any decision as defined in paragraph (3) may be revised under section 16 of the Child Support Act by the [F91Secretary of State]—

(a)if [F92the Secretary of State] receives an application for the revision of a decision either—

(i)under section 16; or

(ii)by way of an application under section 28G,

of the Child Support Act, within one month of the date of notification of the decision or within such longer time as may be allowed under regulation 4;

(b)if—

(i)[F92the Secretary of State] notifies the person who applied for a decision to be revised within the period specified in sub-paragraph (a), that the application is unsuccessful because the [F91Secretary of State] is not in possession of all of the information or evidence needed to make a decision; and

(ii)that person reapplies for the decision to be revised within one month of the notification described in head (i) above, or such longer period as the [F91Secretary of State] is satisfied is reasonable in the circumstances of the case, and provides in that application sufficient information or evidence to enable a decision to be made;

(c)if [F92the Secretary of State] is satisfied that the decision was erroneous due to a misrepresentation of, or failure to disclose, a material fact and that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would have been but for that error;

[F93(cc)if an appeal is made under section 20 of the Child Support Act against a decision within the time prescribed [F94by Tribunal Procedure Rules] but the appeal has not been determined;]

(d)if [F95the Secretary of State] commences action leading to the revision of the decision within one month of the date of notification of the decision; or

(e)if the decision arose from an official error[F96; or

(f)if the grounds for revision are that a person with respect to whom a maintenance calculation was made was not, at the time the calculation was made, a parent of a child to whom the calculation relates.]

(2) Paragraph (1)(a) to (d) shall not apply in respect of a change of circumstances which—

(a)occurred since the date on which the decision had effect; or

(b)according to information or evidence which the [F97Secretary of State] has, is expected to occur.

[F98(3) In paragraphs (1), (2) and (5A) and in regulation 4(3) “decision” means a decision of the [F99Secretary of State] under section [F10011 or 12] of the Child Support Act, or a determination of [F101the First-tier Tribunal] on a referral under section 28D(1)(b) of that Act, or any supersession of a decision under section 17 of that Act, whether as originally made or as revised under section 16 of that Act.]

(4) A decision made under section 12(2) of the Child Support Act may be revised at any time before it is replaced by a decision under section 11 of that Act.

(5) Where the [F102Secretary of State] revises a decision made under section 12(1) of the Child Support Act in accordance with section 16(1B) of that Act, that decision may be revised under section 16 of that Act at any time.

[F103(5A) Where—

(a)the [F104Secretary of State] makes a decision (“decision A”) and there is an appeal;

(b)there is a further decision in relation to the appellant (“decision B”) after the appeal but before the appeal results in a decision by [F105the First-tier Tribunal] (“decision C”); and

(c) the [F104 Secretary of State ] would have made decision B differently if F106 ... aware of decision C at the time [F106of making] decision B,

decision B may be revised at any time.]

F107(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F107(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F108(8) Subject to paragraph (9), section 16 of the Child Support Act shall apply in relation to any decision of the [F109Secretary of State] not to make a maintenance calculation, as it applies in relation to any decision of the [F109Secretary of State] under sections 11, 12 or 17 of that Act, or the determination of an appeal tribunal on a referral under section 28D(1)(b) of that Act.

(9) Paragraph (8) shall not apply to any decision not to make a maintenance calculation where the [F109Secretary of State] makes a decision under section 12 of the Child Support Act.]]

Textual Amendments

F89 Reg. 3A inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 5 (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F93 Reg. 3A(1)(cc) inserted (30.4.2002 in accordance with reg. 1(2), (3) of the amending S.I.) by The Child Support (Miscellaneous Amendment) Regulations 2000 (S.I. 2000/1204), reg. 1(2), (3)(b), 2(02)(a)(i)

F96 Reg. 3A(1)(f) and preceding word inserted (30.4.2002 in accordance with reg. 1(2), (3) of the amending S.I.) by The Child Support (Miscellaneous Amendment) Regulations 2000 (S.I. 2000/1204), reg. 1(2), (3)(b), 2(02)(a)(ii)

F98 Reg. 3A(3) substituted (30.4.2002 in accordance with reg. 1(2), (3) of the amending S.I.) by The Child Support (Miscellaneous Amendment) Regulations 2000 (S.I. 2000/1204), reg. 1(2), (3)(b), 2(02)(b)

F103 Reg. 3A(5A) inserted (30.4.2002 in accordance with reg. 1(2), (3) of the amending S.I.) by The Child Support (Miscellaneous Amendment) Regulations 2000 (S.I. 2000/1204), reg. 1(2), (3)(b), 2(02)(c)

[F110Consideration of revision before appeal in relation to certain child support decisionsE+W+S

3B.—(1) This regulation applies in a case where—

(a)the Secretary of State gives a person written notice of a decision; and

(b)that notice includes a statement to the effect that there is a right of appeal against the decision only if the Secretary of State has considered an application for a revision of the decision.

(2) In a case to which this regulation applies, a person has a right of appeal under section 20 of the Child Support Act 1991 (as substituted by section 10 of the Child Support, Pensions and Social Security Act 2000) against the decision only if the Secretary of State has considered on an application whether to revise the decision under section 16 of that Act.

(3) The notice referred to in paragraph (1) must inform the person of the time limit specified in regulation 3A(1)(a) for making an application for a revision.

(4) Where, as the result of paragraph (2), there is no right of appeal against a decision, the Secretary of State may treat any purported appeal as an application for a revision under section 16 of that Act.

(5) In this regulation “decision” means a decision mentioned in section 20(1)(a) or (b) of the Child Support Act 1991 (as substituted by section 10 of the Child Support, Pensions and Social Security Act 2000).]

Textual Amendments

Late application for a revisionE+W+S

4.—(1) The time limit for making an application for a revision specified in regulation 3(1) or (3) [F111[F112or 3A(1)(a)]] may be extended where the conditions specified in the following provisions of this regulation are satisfied.

(2) An application for an extension of time shall be made by [F113[F114the relevant person,]] the claimant or a person acting on his behalf.

(3) An application shall—

(a)contain particulars of the grounds on which the extension of time is sought and shall contain sufficient details of the decision which it is sought to have revised to enable that decision to be identified; and

(b)be made within 13 months of the date of notification of the decision which it is sought to have revised[F115, but if the applicant has requested a statement of the reasons in accordance with [F116regulation 3ZA(3)(b) or] regulation 28(1)(b) the 13 month period shall be extended by—

(i)if the statement is provided within one month of the notification, an additional 14 days; or

(ii)if it is provided after the elapse of a period after the one month ends, the length of that period and an additional 14 days.]

(4) An application for an extension of time shall not be granted unless the applicant satisfies the Secretary of State[F117, the Commission] [F118or the Board or an officer of the Board] that—

(a)it is reasonable to grant the application;

(b)the application for revision has merit[F119, except in a case to which regulation 3ZA or 3B applies]; and

(c)special circumstances are relevant to the application and as a result of those special circumstances it was not practicable for the application to be made within the time limit specified in regulation 3 [F120[F121or 3A]].

(5) In determining whether it is reasonable to grant an application, the Secretary of State[F117, the Commission] [F118or the Board or an officer of the Board] shall have regard to the principle that the greater the amount of time that has elapsed between the expiration of the time specified in regulation 3(1) and (3) [F122[F123and regulation 3A(1)(a)]] for applying for a revision and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application is based.

(6) In determining whether it is reasonable to grant the application for an extension of time[F124, except in a case to which regulation 3ZA or 3B applies,] no account shall be taken of the following—

(a)that the applicant or any person acting for him was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or

(b)that [F125the Upper Tribunal] or a court has taken a different view of the law from that previously understood and applied.

(7) An application under this regulation for an extension of time which has been refused may not be renewed.

Textual Amendments

F112 Words in reg. 4(1) inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 6(a) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F114 Words in reg. 4(2) inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 6(b) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F118 Words in reg. 4(4)(5) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 7

F121 Words in reg. 4(4)(c) inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 6(c) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F123 Words in reg. 4(5) added (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 6(d) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

Date from which a decision revised under section 9 takes effectE+W+S

5.—[F126(1)] Where, on a revision under section 9, the Secretary of State [F127or the Board or an officer of the Board] decides that the date from which the decision under section 8 or 10 (“the original decision”) took effect was erroneous, the decision under section 9 shall take effect on the date from which the original decision would have taken effect had the error not been made.

[F128(2) Where—

(a)a person attains pensionable age, claims a retirement pension after the prescribed time for claiming and the Secretary of State decides (“the original decision”) that he is not entitled because—

(i)in the case of a Category A retirement pension, the person has not satisfied the contribution conditions; or

(ii)in the case of a Category B retirement pension, the person’s spouse [F129or civil partner] has not satisfied the contribution conditions;

(b)in accordance with regulation 50A of the Social Security (Contributions) Regulations 2001 (Class 3 contributions: tax years 1996-97 to 2001-02) the Board subsequently accepts Class 3 contributions paid after the due date by the claimant or, as the case may be, the spouse [F130or civil partner];

(c)in accordance with regulation 6A of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 the contributions are treated as paid on a date earlier than the date on which they were paid; and

(d)the Secretary of State revises the original decision in accordance with regulation 11A(4)(a),

the revised decision shall take effect from—

(i) 1 st October 1998; or

(ii)the date on which the claimant attained pensionable age in the case of a Category A pension, or, in the case of a Category B pension, the date on which the claimant’s spouse [F131or civil partner] attained pensionable age,

whichever is later.]

Textual Amendments

F126 Reg. 5(1): reg. 5 renumbered as reg. 5(1) (27.9.2004) by Social Security (Retirement Pensions) Amendment Regulations 2004 (S.I. 2004/2283), regs. 1, 3

F127 Words in reg. 5 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 8

[F132Date from which a decision revised under section 16 of the Child Support Act takes effectE+W+S

5A.—[F133(1) Where the date from which a decision took effect is found to be erroneous on a revision under section 16 of the Child Support Act, the revision shall take effect from the date on which the decision revised would have taken effect had the error not been made.

F134( 2 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F134( 3 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Textual Amendments

F132 Reg. 5A inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 7 (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

CHAPTER IIE+W+SSUPERSESSIONS

Supersession of decisionsE+W+S

6.—(1) Subject to the following provisions of this regulation, for the purposes of section 10, the cases and circumstances in which a decision may be superseded under that section are set out in paragraphs (2) to (4).

(2) A decision under section 10 may be made on the Secretary of State’s [F135or the Board's] own initiative or on an application made for the purpose on the basis that the decision to be superseded—

(a)is one in respect of which—

(i)there has been a relevant change of circumstances since the decision [F136had effect] [F137or, in the case of an advance award under regulation 13, 13A or 13C of the Claims and Payments Regulations [F138or regulation 146 of the Employment and Support Allowance Regulations], since the decision was made]; or

(ii)it is anticipated that a relevant change of circumstances will occur;

(b)is a decision of the Secretary of State [F139or the Board or an officer of the Board] other than a decision to which sub-paragraph (d) refers and—

(i)the decision was erroneous in point of law, or it was made in ignorance of, or was based upon a mistake as to, some material fact; and

(ii)an application for a supersession was received by the Secretary of State [F140or the Board], or the decision by the Secretary of State [F140or the Board] to act on his [F141or their] own initiative was taken, more than one month after the date of notification of the decision which is to be superseded or after the expiry of such longer period of time as may have been allowed under regulation 4;

[F142(c)is a decision of [F143an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or of a Commissioner]—

(i)that was made in ignorance of, or was based upon a mistake as to, some material fact; or

(ii)that was made in accordance with section 26(4)(b), in a case where section 26(5) applies;]

(d)is a decision which is specified in Schedule 2 to the Act or is prescribed in regulation 27 (decisions against which no appeal lies); F144...

[F145(e)is a decision where—

(i)the claimant has been awarded entitlement to a relevant benefit; and

(ii)[F146subsequent to the first day of the period to which that entitlement relates], the claimant or a member of his family becomes entitled to F147... another relevant benefit or an increase in the rate of another relevant benefit;]

[F148(ee)is an original award within the meaning of regulation 3(7ZA) and sub-paragraphs (a) to (c) and (d)(ii) of regulation 3(7ZA) apply but not sub-paragraph (d)(i);]

[F149(f)is a decision that a jobseeker’s allowance is payable at the full rate to which the claimant would be entitled in the absence of any reduction where the award is reduced under section 19 of the Jobseekers Act;

(fa)is a decision that a jobseeker’s allowance is payable at the full rate to which the claimant would be entitled in the absence of any reduction where the award is reduced under section 19A of the Jobseekers Act;]

[F150(g)is an incapacity benefit decision where there has been an incapacity determination (whether before or after the decision) and where, since the decision was made, the Secretary of State has received medical evidence following an examination in accordance with regulation 8 of the Social Security (Incapacity for Work) (General) Regulations 1995 from a [F151health care professional] referred to in paragraph (1) of that regulation;] F152[F153...

(h)is one in respect of a person who–

(i)is subsequently the subject of a separate decision or determination as to whether or not he took part in a work-focused interview;

(ii)had been held not to have taken part in a work-focused interview but who had, subsequent to the decision to be superseded, attained [F154pensionable age] or ceased to reside in an area in which there is a requirement to take part in a work-focused interview [F155or, in the case of a partner who was required to take part in a work-focused interview [F156in accordance with regulations made under section 2AA of the Administration Act, ceased to be a partner for the purposes of those regulations or is no longer a partner to whom the requirement to take part in a work-focused interview under those regulations applies [F157(and in this head “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995, save that a man born before 6th April 1955 is treated as attaining pensionable age when a woman born on the same day as the man would attain pensionable age)]]].]

F158(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F159(j)is a decision of the Secretary of State that a sanctionable benefit is payable to a claimant where that benefit ceases to be payable or falls to be reduced under section [F1606B,] 7 or 9 of the Social Security Fraud Act 2001 and for this purpose “sanctionable benefit” has the [F161meaning given in section 6A] of that Act;

(k)is a decision of the Secretary of State that a joint-claim jobseeker’s allowance is payable where that allowance ceases to be payable or falls to be reduced under section 8 of the Social Security Fraud Act 2001.]

[F162(l) is a relevant decision for the purposes of section 6 of the State Pension Credit Act and—

(i)on making that decision, the Secretary of State specified a period as the assessed income period; and

(ii)that period has ended or is about to end.]

[F163(m)is a relevant decision for the purposes of section 6 of the State Pension Credit Act in a case where—

(i)the information and evidence required under regulation 32(6)(a) of the Claims and Payments Regulations has not been provided in accordance with the time limits set out in regulation 32(6)(c) of those Regulations;

(ii)the Secretary of State was prevented from specifying a new assessed income period under regulation 10(1) of the State Pension Credit Regulations; and

(iii)the information and evidence required under regulation 32(6)(a) of the Claims and Payments Regulations has since been provided.]

[F164(n)is a decision by [F165an appeal tribunal or] [F166the First-tier Tribunal] confirming a decision by the Secretary of State terminating a claimant’s entitlement to income support because he no longer falls within the category of person specified in paragraph 7 of Schedule 1B to the Income Support Regulations (persons incapable of work) and a further [F167decision of an appeal tribunal or the First-tier Tribunal] subsequently determines that he is incapable of work.]

[F168(o)is a decision that a person is entitled to state pension credit and—

(i)the person or his partner makes, or is treated as having made, an election for a lump sum in accordance with—

(aa)paragraph A1 or 3C of Schedule 5 to the Contributions and Benefits Act;

(bb)paragraph 1 of Schedule 5A to that Act; or, as the case may be,

(cc)paragraph 12 or 17 of Schedule 1 to the Graduated Retirement Benefit Regulations;

or

(ii) such a lump sum is repaid in consequence of an application to change an election for a lump sum in accordance with regulation 5 of the Deferral of Retirement Pensions etc. Regulations or, as the case may be, paragraph 20D of Schedule 1 to the Graduated Retirement Benefit Regulations.]

[F169(oa)is a decision that a person is entitled to state pension credit and—

(i)the person—

(aa)chooses under section 8(2) of the Pensions Act 2014, or under Regulations under section 10 of that Act which make provision corresponding or similar to section 8(2), to be paid a lump sum; or

(bb)is entitled to a lump sum under section 8(4) of the Pensions Act 2014, or under Regulations under section 10 of that Act which make provision corresponding or similar to section 8(4), because the person has failed to choose within the period mentioned in section 8(3); or

(ii)such a lump sum is repaid in consequence of an application—

(aa)to alter the choice mentioned in paragraph (i)(aa) in accordance with regulation 6 of the State Pension Regulations 2015 or Regulations made under section 10 of the Pensions Act 2014 which make provision corresponding or similar to regulation 6 of the State Pension Regulations 2015; or

(bb)to make a late choice in accordance with regulation 4(4) of the State Pension Regulations 2015 (when a choice of lump sum or survivor’s pension may be made) or Regulations made under section 10 of the Pensions Act 2014 which make provision corresponding or similar to regulation 4(4) of the State Pension Regulations 2015;]

[F170(p)is a decision awarding employment and support allowance where there has been a failure determination;

(q) is a decision made in consequence of a failure determination where the reduction ceases to have effect under of regulation 64 of the Employment and Support Allowance Regulations] ;

[F171(r)is an employment and support allowance decision where, since the decision was made, the Secretary of State has—

(i)received medical evidence from a health care professional approved by the Secretary of State, or

(ii)made a determination that the claimant is to be treated as having limited capability for work in accordance with regulation 20, 25, 26 or 33(2) of the Employment and Support Allowance Regulations.]

[F172(s)is a decision where on or after the date on which the decision was made, a late or unpaid contribution is treated as paid under—

(i)regulation 5 of the Social Security (Crediting and Treatment of Contributions and National Insurance Numbers) Regulations 2001 (treatment of late paid contributions where no consent, connivance or negligence by the primary contributor) on a date which falls on or before the date on which the original decision was made;

(ii)regulation 6 of those Regulations (treatment of contributions paid late through ignorance or error) on a date which falls on or before the date on which the original decision was made; or

(iii)regulation 60 of the Social Security (Contributions) Regulations 2001 (treatment of unpaid contributions where no consent, connivance or negligence by the primary contributor) on a date which falls on or before the date on which the original decision was made.]

[F173(sa)is a decision where on or after the date on which the decision was made, a late contribution is treated as paid by virtue of regulation 4 of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 for the purposes of entitlement to—

(i)a bereavement benefit;

(ii)a Category A or Category B retirement pension under Part II of the Contributions and Benefits Act; or

(iii)a state pension under Part 1 of the Pensions Act 2014;]

[F174(t)is a decision awarding income support where there has been a determination by the Secretary of State under regulation 6(2) of the Income Support Work-Related Activity Regulations that a person has failed to undertake work-related activity;

(u)is a decision made in consequence of a determination by the Secretary of State that a person has failed to undertake work-related activity where a reduction under regulation 8(1) of the Income Support Work-Related Activity Regulations ceases to have effect by virtue of regulation 9 of those Regulations.]

(3) A decision which may be revised under regulation 3 may not be superseded under this regulation except where—

(a)circumstances arise in which the Secretary of State [F175or the Board or an officer of the Board] may revise that decision under regulation 3; and

(b)further circumstances arise in relation to that decision which are not specified in regulation 3 but are specified in paragraph (2) or (4).

(4) Where the Secretary of State requires [F176or the Board require] further evidence or information from the applicant in order to consider all the issues raised by an application under paragraph (2) (“the original application”), he [F177or they] shall notify the applicant that further evidence or information is required and the decision may be superseded—

(a)where the applicant provides further relevant evidence or information within one month of the date of notification or such longer period of time as the Secretary of State [F178or the Board] may allow; or

(b)where the applicant does not provide such evidence or information within the time allowed under sub-paragraph (a), on the basis of the original application.

(5) The Secretary of State [F179or the Board] may treat an application for a revision or a notification of a change of circumstances as an application for a supersession.

(6) The following events are not relevant changes of circumstances for the purposes of paragraph (2)—

(a) the repayment of a loan to which regulation 66A of the Income Support Regulations M3 [F180 , regulation 137 of the Employment and Support Allowance Regulations] or regulation 136 of the Jobseeker’s Allowance Regulations applies;

F181(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F182(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 not withstanding that no claim under section 66(1) or, as the case may be, 72(5) or 73(12) of that Act has been made.]

(7) In paragraph (6)(b), “nursing home” and “residential care home” have the same meanings as they have in regulation 19 of the Income Support Regulations.

[F183(8)  In relation to the assessed income period, the only change of circumstance relevant for the purposes of paragraph (2)(a) is that the assessed income period ends in accordance with section 9(4) of the State Pension Credit Act or the regulations made under section 9(5) of that Act.]

Textual Amendments

F135 Words in reg. 6(2) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 9(2)(a)

F139 Words in reg. 6(2)(b) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 9(2)(b)(i)

F140 Words in reg. 6(2)(b)(ii) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 9(2)(b)(ii)

F141 Words in reg. 6(2)(b)(ii) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 9(2)(b)(iii)

F143Words in reg. 6(2)(c) substituted (14.5.2012 (retrospective to 1.11.2008 in accordance with reg. 1(2))) by The Social Security and Child Support (Supersession of Appeal Decisions) Regulations 2012 (S.I. 2012/1267), regs. 1, 4(2)(a)

F158 Reg. 6(2)(i) omitted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 2010 (S.I. 2010/424), reg. 4(4)

F165Words in reg. 6(2)(n) inserted (14.5.2012 (retrospective to 1.11.2008 in accordance with reg. 1(2))) by , regs. 1The Social Security and Child Support (Supersession of Appeal Decisions) Regulations 2012 (S.I. 2012/1267), 4(2)(b)(i)

F167Words in reg. 6(2)(n) substituted (14.5.2012 retrospective to 1.11.2008 in accordance with reg. 1(2))) by The Social Security and Child Support (Supersession of Appeal Decisions) Regulations 2012 (S.I. 2012/1267), regs. 1, 4(2)(b)(ii)

F169Reg. 6(2)(oa) inserted (6.4.2016 coming into force in accordance with art. 1(2)(b)) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 18(5)

F175 Words in reg. 6(3) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 9(3)

F176 Words in reg. 6(4) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 9(4)(a)

F177 Words in reg. 6(4) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 9(4)(b)

F178 Words in reg. 6(4)(a) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 9(4)(c)

F179 Words in reg. 6(5) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 9(5)

Modifications etc. (not altering text)

Marginal Citations

M3 Regulation 66A was inserted by S.I. 1990/1549; relevant amending instruments are S.I. 1991/236, S.I. 1991/1559 and S.I. 1996/462.

[F184Supersession of child support decisionsE+W+S

6A.—[F185[F186(1) Subject to paragraphs (7) and (8), the cases and circumstances in which a decision (“a superseding decision") may be made by the Secretary of State for the purposes of section 17 of the Child Support Act are set out in paragraphs (2) to (6).

(2) A decision may be superseded by a decision made by the Secretary of State acting on his own initiative where—

(a)there has been a relevant change of circumstances since the decision had effect; or

(b)the decision was made in ignorance of, or was based upon a mistake as to, some material fact.

(3) Subject to regulation 6B, a decision may be superseded by a decision made by the Secretary of State where—

(a)an application is made on the basis that—

(i)there has been a change of circumstances since the date from which the decision had effect; or

(ii)it is expected that a change of circumstances will occur; and

(b)the Secretary of State is satisfied that the change of circumstances is or would be relevant.

(4) A decision may be superseded by a decision made by the Secretary of State where—

(a)an application is made on the basis that the decision was made in ignorance of, or was based upon a mistake as to, a fact; and

(b)the Secretary of State is satisfied that the fact is or would be material.

[F187(4A) A decision may be superseded by a decision made by the Secretary of State—

(a)where an application is made on the basis that; or

(b)acting on his own initiative where,

the decision to be superseded is a decision of [F188an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or of a Child Support Commissioner] that was made in accordance with section 28ZB(4)(b) of the Child Support Act, in a case where section 28ZB(5) of that Act applies.]

(5) A decision, other than a decision made on appeal, may be superseded by a decision made by the Secretary of State—

(a)acting on his own initiative, where he is satisfied that the decision was erroneous in point of law; or

(b)where an application is made on the basis that the decision was erroneous in point of law.

(6) A decision may be superseded by a decision made by the Secretary of State where he receives an application for the supersession of a decision by way of an application made under section 28G of the Child Support Act.

(7) The cases and circumstances in which a decision may be superseded shall not include any case or circumstance in which a decision may be revised.

(8) Paragraphs (2) to (6) shall not apply in respect of a decision to refuse an application for a maintenance calculation.

(9) For the purposes of section 17 of the Child Support Act, paragraphs (2) to (6) shall apply in relation to any decision of the Secretary of State that an adjustment shall cease or with respect to the adjustment of amounts payable under a maintenance calculation for the purpose of taking account of overpayments of child support maintenance and voluntary payments, whether as originally made or as revised under section 16 of that Act.]

[F186(1) This regulation and regulation 6B set out the circumstances in which a decision may be made by the [F189Secretary of State] under section 17 of the Child Support Act (decisions superseding earlier decisions).

(2) A decision may be superseded by a decision of the [F190Secretary of State], on an application or acting under [F190the Secretary of State’s] own initiative, where—

(a)there has been a relevant change of circumstances since the decision had effect or it is expected that a relevant change of circumstances will occur;

(b)the decision was made in ignorance of, or was based on a mistake as to, some material fact; or

(c)the decision was wrong in law (unless it was a decision made on appeal).

(3) The circumstances in which a decision may be superseded include where the relevant change of circumstances causes the maintenance calculation to cease by virtue of paragraph 16 of Schedule 1 to the Child Support Act or where the [F191Secretary of State] no longer has jurisdiction by virtue of section 44 of that Act.

(4) A decision may be superseded by a decision of the [F191Secretary of State] where the [F191Secretary of State] receives an application for a variation of the decision under section 28G of the Child Support Act.

(5) A decision may not be superseded in circumstances where it may be revised.

(6) A decision to refuse an application for a maintenance calculation may not be superseded.]]

Textual Amendments

F184 Reg. 6A - Reg. 6B inserted (3.3.2003 for specified purposes being the date on which 2000 c. 19, s. 9 comes into force for those purposes by virtue of S.I. 2003/192, art. 3 ) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 8 (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F187 Reg. 6A(4A) inserted (5.5.2003 and for specified purposes, being the date on which 2000 c. 19, s. 9 comes into force for those purposes by virtue of S.I. 2003/192, art. 3, 5.5.2003 in so far as not already in force) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1050), regs. 1(1)(b), 3(4) (with reg. 6)

F188Words in reg. 6A(4A) substituted (14.5.2012 retrospective to 3.11.2008 in accordance with reg. 1(2)) by The Social Security and Child Support (Supersession of Appeal Decisions) Regulations 2012 (S.I. 2012/1267), regs. 1, 4(3)

Circumstances in which a child support decision may not be supersededE+W+S

6B.—[F192(1) Except as provided in paragraph (4), and subject to paragraph (3), a decision of the [F193Secretary of State], [F194an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Child Support Commissioner], on an application made under regulation [F1956A(2)(a)], shall not be superseded where the difference between—

(a)the non-resident parent’s net income figure fixed for the purposes of the maintenance calculation in force in accordance with Part I of Schedule 1 to the Child Support Act; and

(b)the non-resident parent’s net income figure which would be fixed in accordance with a superseding decision,

is less than 5% of the figure in sub-paragraph (a).

(2) In paragraph (1) “superseding decision" means a decision which would supersede the decision subject to the application made under regulation [F1956A(2)(a)] but for the application of this regulation.

[F196(3) Where the application for a supersession is made on more than one ground, if those grounds which do not relate to the net income of the non-resident parent lead to a superseding decision this regulation shall not apply to the ground relating to the net income of that parent.]

(4) This regulation shall not apply to a decision under regulation [F1956A(2)(a)] where—

(a)the superseding decision is made in consequence of the determination of an application made under section 28G of the Child Support Act;

(b)the superseding decision affects a variation ground in a decision made under section 11 or 17 of the Child Support Act, whether as originally made or as revised under section 16 of that Act;

(c)the decision being superseded was made under section 12(2) of the Child Support Act, or was a decision under section 17 of that Act superseding an interim maintenance decision, whether as originally made or as revised under section 16 of that Act;

F197( d ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; F198 ...

(e) the superseding decision takes effect from the dates prescribed in regulation [F199paragraph 4 of Schedule 3D]][F200; or

(f)a decision is superseded and in relation to that superseding decision a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Child Support Act applies.]

[F201(5) Where an application has been made to which paragraph (1) applied (“application A”) and a further application (“application B”) is made for a supersession on a ground other than one relating to the net income of the non-resident parent, the [F202Secretary of State] may make a superseding decision on the basis that application A was made at the same time as application B.]]

Textual Amendments

F184 Reg. 6A - Reg. 6B inserted (3.3.2003 for specified purposes being the date on which 2000 c. 19, s. 9 comes into force for those purposes by virtue of S.I. 2003/192, art. 3 ) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 8 (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F194 Words in reg. 6B(1) substituted (14.5.2012 retrospective to 3.11.2008 in accordance with reg. 1(2)) by The Social Security and Child Support (Supersession of Appeal Decisions) Regulations 2012 (S.I. 2012/1267), regs. 1, 4(4)

F196 Reg. 6B(3) substituted (16.9.2004 for specified purposes and in accordance with reg. 1(2)(b)) by The Child Support (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2415), regs. 1(2)(b), 2(2)(a)

F201 Reg. 6B(5) inserted (16.9.2004 for specified purposes and in accordance with reg. 1(2)(b)) by The Child Support (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2415), regs. 1(2)(b), 2(2)(b)

Date from which a decision superseded under section 10 takes effectE+W+S

7.—[F203(1) This regulation–

(a)[F204is, except for [F205paragraphs (2)(b)[F206, (bb)] [F207or (be)], (29) and (30)] and (29), subject to Schedules 3A[F208, 3B and 3C]; and]

(b)contains exceptions to the provisions of section 10(5) as to the date from which a decision under section 10 which supersedes an earlier decision is to take effect.]

(2) Where a decision under section 10 is made on the ground that there has been, or it is anticipated that there will be, a relevant change of circumstances since the decision [F209had effect] [F210or, in the case of an advance award, since the decision was made], the decision under section 10 shall take effect—

[F211(a)from the date the change occurred or, where the change does not have effect until a later date, from the first date on which such effect occurs where–

(i)the decision is advantageous to the claimant; and

(ii)the change was notified to an appropriate office within one month of the change occurring or within such longer period as may be allowed under regulation 8 for the claimant’s failure to notify the change on an earlier date; and

(ii)head (i) of sub-paragraph (c) shall be omitted.]

(b)where the decision is advantageous to the claimant and the change was notified to an appropriate office more than one month after the change occurred or after the expiry of any such longer period as may have been allowed under regulation 8—

(i)in the case of a claimant who is in receipt of income support[F212, jobseeker’s allowance[F213, state pension credit or an employment and support allowance]] and benefit is paid in arrears, from the beginning of the benefit week in which the notification was made;

(ii)in the case of a claimant who is in receipt of income support[F212, jobseeker’s allowance or state pension credit] and benefit is paid in advance and the date of notification is the first day of a benefit week from that date and otherwise, from the beginning of the benefit week following the week in which the notification was made; or

(iii)in any other case, the date of notification of the relevant change of circumstances; or

[F214(bb)where the decision is advantageous to the claimant and is made on the Secretary of State’s own initiative—

(i)except where paragraph (ii) applies, from the beginning of the benefit week in which the Secretary of State commenced action with a view to supersession; or

(ii)in the case of a claimant who is in receipt of income support, jobseeker’s allowance or state pension credit where benefit is paid in advance and the Secretary of State commenced action with a view to supersession on a day which was not the first day of the benefit week, from the beginning of the benefit week following the week in which the Secretary of State commenced such action;]

[F215(bc)where—

(i)the claimant is a disabled person or a disabled person’s partner;

(ii)the decision is advantageous to the claimant; and

(iii)the decision is made in connection with the cessation of payment of a carer’s allowance relating to that disabled person,

the day after the last day for which carer’s allowance was paid to a person other than the claimant or the claimant’s partner;]

F216( bd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F217(be) in the case of a claimant who is in receipt of an employment and support allowance and the claimant makes an application which contains an express statement that he is terminally ill within the meaning of regulation 2(1) of the Employment and Support Allowance Regulations , from the date the claimant became terminally ill;]

(c)where the decision is not advantageous to the claimant—

F218( i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F219(ii)in the case of a disability benefit decision, or an incapacity benefit decision where there has been an incapacity determination [F220or an employment and support allowance decision where there has been a limited capability for work determination] (whether before or after the decision), where the Secretary of State is satisfied that in relation to a disability determination embodied in or necessary to the disability benefit decision, or the incapacity determination [F220or an employment and support allowance decision where there has been a limited capability for work determination], the claimant or payee failed to notify an appropriate office of a change of circumstances which regulations under the Administration Act required him to notify, and the claimant or payee, as the case may be, knew or could reasonably have been expected to know that the change of circumstances should have been notified,

(aa)from the date on which the claimant or payee, as the case may be, ought to have notified the change of circumstances, or

(bb)if more than one change has taken place between the date from which the decision to be superseded took effect and the date of the superseding decision, from the date on which the first change ought to have been notified, or]

F221( iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F222(iv)in the case of a disability benefit decision, where the change of circumstances is not in relation to the disability determination embodied in or necessary to the disability benefit decision, from the date of the change; or

(v)in any other case, except in the case of a decision which supersedes a disability benefit decision, from the date of the change.]

[F223( 2A ) F224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F225(3) For the purposes of paragraphs (2) and (8) “benefit week” has the same meaning, as the case may be, as in—

(a)regulation 2(1) of the Income Support Regulations;

(b)regulation 1(3) of the Jobseeker’s Allowance Regulations;

(c)regulation 1(2) of the State Pension Credit Regulations; or

(d) regulation 2(1) of the Employment and Support Allowance Regulations.]

(4) In paragraph (2) a decision which is to the advantage of the claimant includes a decision specified in regulation 30(2)(a) to (f).

[F226(5) Where the Secretary of State supersedes a decision made by [F227an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Commissioner] on the grounds specified in regulation 6(2)(c)[F228(i)] (ignorance of, or mistake as to, a material fact), the decision under section 10 shall take effect, in a case where, as a result of that ignorance of or mistake as to material fact, the decision to be superseded was more advantageous to the claimant than it would otherwise have been and which either—

(a)does not relate to a disability benefit decision or an incapacity benefit decision where there has been an incapacity determination; or

(b)relates to a disability benefit decision or an incapacity benefit decision where there has been an incapacity determination, and the Secretary of State is satisfied that at the time the decision was made the claimant or payee knew or could reasonably have been expected to know of the fact in question and that it was relevant to the decision,

from the date on which the decision of [F227an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Commissioner] took, or was to take, effect.]

(6) Any decision made under section 10 in consequence of a decision which is a relevant determination for the purposes of section 27 shall take effect as from the date of the relevant determination.

[F229(6A) Where—

(a)there is a decision which is a relevant determination for the purposes of section 27 and the Secretary of State makes a benefit decision of the kind specified in section 27(1)(b);

(b)there is an appeal against the determination;

(c)after the benefit decision payment is suspended in accordance with regulation 16(1) and (3)(b)(ii); and

(d)on appeal a court, within the meaning of section 27, reverses the determination in whole or in part,

a consequential decision by the Secretary of State under section 10 which supersedes his earlier decision under sub-paragraph (a) shall take effect from the date on which the earlier decision took effect.]

[F230(7) A decision which is superseded in accordance with regulation 6(2)(e) or (ee) shall be superseded—

(a)subject to sub-paragraph (b), from the date on which entitlement arises to the other relevant benefit referred to in regulation 6(2)(e)(ii) or (ee) or to an increase in the rate of that other relevant benefit; or

(b)where the claimant or his partner—

(i) is not a severely disabled person for the purposes of section 135(5) of the Contributions and Benefits Act (the applicable amount) or section 2(7) of the State Pension Credit Act (guarantee credit) [F231or paragraph 6 of Schedule 4 to the Employment and Support Allowance Regulations;]

(ii)by virtue of his having—

(aa) a non-dependant as defined by regulation 3 of the Income Support Regulations[F232, regulation 2 of the Jobseeker’s Allowance Regulations] [F233or regulation 71 of the Employment and Support Allowance Regulations]; or

(bb)a person residing with him for the purposes of paragraph 1 of Schedule 1 to the State Pension Credit Regulations whose presence may not be ignored in accordance with paragraph 2 of that Schedule,

at the date the superseded decision would, but for this sub-paragraph, have had effect,

from the date on which the claimant or his partner ceased to have a non-dependant or person residing with him or from the date on which the presence of that person was first ignored.]

[F234(7A) Where a decision is superseded in accordance with regulation 6(2)(o), [F235or (oa)] the superseding decision shall take effect from the day on which a lump sum, or a payment on account of a lump sum, is paid or repaid if that day is the first day of the benefit week but, if it is not, from the next following such day.]

[F236(8) A decision to which regulation 6(2)(f) applies shall take effect from the beginning of the period specified in regulation 69(6) of the Jobseeker’s Allowance Regulations.]

[F237(8ZA) A decision to which regulation 6(2)(fa) applies shall take effect from the beginning of the period specified in regulation 69A(3) of the Jobseeker’s Allowance Regulations.]

F238(8ZB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F239(8A) Where a decision is superseded in accordance with regulation 6(2)(s), the superseding decision shall take effect from the date on which the late or unpaid contribution is treated as paid.]

[F240(9) [F241Except where paragraph (9A) applies,] a decision relating to attendance allowance or disability living allowance which is advantageous to the claimant and which is made under section 10 on the basis of a relevant change of circumstances shall take effect from—

(a)[F242where the decision is made on the Secretary of State’s own initiative—

(i)the date on which the Secretary of State commenced action with a view to supersession; or

(ii)subject to paragraph (30), in a case where the relevant circumstances are that there has been a change in the legislation in relation to attendance allowance or disability living allowance, the date on which that change in the legislation had effect;]

(b)where—

(i)the change is relevant to the question of entitlement to a particular rate of benefit; and

(ii)the claimant notifies the change before a date one month after he satisfied the conditions of entitlement to that rate or within such longer period as may be allowed under regulation 8,

the [F243date on which] he satisfied those conditions;

(c)where—

(i)the change is relevant to the question of whether benefit is payable; and

(ii)the claimant notifies the change before a date one month after the change or within such longer period as may be allowed under regulation 8,

the [F244date on which] the change occurred; or

(d)in any other case, the date of the application for the superseding decision.]

[F245(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.]

(10) A decision as to an award of incapacity benefit, which is made under section 10 because section 30B(4) of the Contributions and Benefits Act applies to the claimant, shall take effect as from the date on which he became entitled to the highest rate of the care component of disability living allowance.

(11)  A decision as to an award of incapacity benefit or severe disablement allowance, which is made under section 10 because the claimant is to be treated as incapable of work under regulation 10 of the Social Security (Incapacity for Work) (General) Regulations 1995 M4 (certain persons with a severe condition to be treated as incapable of work), shall take effect as from the date he is to be treated as incapable of work.

(12) Where this paragraph applies, a decision under section 10 may be made so as to take effect as from such date not more than eight weeks before—

(a)the application for supersession; or

(b)where no application is made, the date on which the decision under section 10 is made,

as is reasonable in the particular circumstances of the case.

[F246(12A) Paragraph (12) applies where–

(a)the effect of a decision under section 10 is that owner-occupier loan payments are to be made to a claimant in respect of the claimant’s liability to make owner-occupier payments; and

(b)that decision could not have been made earlier because information necessary to make that decision, requested otherwise than in accordance with paragraph 8 of Schedule 4 to the Loans for Mortgage Interest Regulations (provision of information), had not been supplied to the Secretary of State by the lender.

(12B) Where a claimant is receiving owner-occupier loan payments and there is a reduction in the amount owing in connection with a qualifying loan or alternative finance arrangement (within the meaning in Schedule 1 to the Loans for Mortgage Interest Regulations (meaning of owner-occupier payments)), a decision made under section 10 takes effect—

(a)on the first anniversary of the date on which the claimant’s liability to make owner-occupier payments was first met by an owner-occupier loan payment; or

(b)where the reduction in the amount owing in connection with a qualifying loan or alternative finance arrangement occurred after the first anniversary of the date referred to in sub-paragraph (a), on the next anniversary of that date following the date of the reduction.

(12C) Where a claimant is receiving owner-occupier loan payments, an insurance payment deduction is made under regulation 14A(1) of the Loans for Mortgage Interest Regulations (insurance payment deduction) in relation to any decision under section 8 or 10 and there is a change in the amount of the owner-occupier payments payable—

(a)on a qualifying loan or alternative finance arrangement (within the meaning in Schedule 1 to the Loans for Mortgage Interest Regulations (meaning of owner-occupier payments)) to which those payments relate; or

(b)on a loan or alternative finance arrangement not so qualifying which is secured on the dwelling occupied as the home to which those payments relate,

a decision under section 10 which is made as a result of that change in the amount of the owner-occupier payments payable shall take effect on whichever of the dates referred to in paragraph (12D) is appropriate in the claimant’s case.

(12D) The date on which a decision under section 10 takes effect for the purposes of paragraph (12C) is—

(a)the date on which the claimant’s liability to make owner-occupier payments is first met by an owner-occupier loan payment; or

(b)where the change in the amount of the owner-occupier payments payable occurred after the date referred to in sub-paragraph (a), on the date of the next alteration in the standard rate following the date of that change.

(12E) In paragraph (12D), “standard rate” has the same meaning as it has in regulation 13 of the Loans for Mortgage Interest Regulations (standard rate to be applied under regulations 11 and 12).

(12F) Paragraph (12G) applies where—

(a)a claimant is awarded state pension credit;

(b)the claimant or the claimant’s partner has reached pensionable age (within the meaning in section 122(1) of the Contributions and Benefits Act);

(c)the claimant is in receipt of owner-occupier loan payments; and

(d)after the date from which sub-paragraph (c) applies—

(i)a non-dependant (within the meaning in regulation 2(1) of the Loans for Mortgage Interest Regulations) begins to reside with the claimant; or

(ii)there has been a change of circumstances in respect of a non-dependant and this reduces the amount of the owner-occupier loan payments.

(12G) Where this paragraph applies, a decision made under section 10 shall take effect—

(a)where there is more than one change of the kind specified in paragraph (12F)(d) in respect of the same non-dependant within the same 26 week period, 26 weeks after the date on which the first such change occurred; and

(b)in any other circumstances, 26 weeks after the date on which a change specified in paragraph (12F)(d) occurred.]

F247(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F247(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F247(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F247(16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F247(17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F247(17A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F247(17B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F247(17C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F247(17D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F247(17E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F247(17F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F247(17G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F248(17H) Where the decision is superseded in accordance with regulation 6(2)(a)(i) and the relevant circumstances are that the claimant has a non-dependant who has become entitled to main phase employment and support allowance, the superseding decision shall take effect from the date the main phase employment and support allowance is first paid to the non-dependant.]

F249(18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F249(19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F249(20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F249(21) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F249(22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F249(23) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(24) Where—

(a)it has been determined that the amount of a jobseeker’s allowance payable to a young person is to be reduced under regulation 63 of the Jobseeker’s Allowance Regulations because paragraph (1)(b)(iii), (c), (d), (e) or (f) of that regulation (reduced payments under section 17 of the Jobseekers Act) applied in his case; and

(b)the decision made in consequence of sub-paragraph (a) falls to be superseded by a decision under section 10 because the Secretary of State has subsequently issued a certificate under section 17(4) of the Jobseekers Act with respect to the failure in question,

the decision under section 10 shall take effect as from the same date as the decision made in consequence of sub-paragraph (a) has effect.

[F250[F251(25)  In a case where a decision (“ the first decision ”) has been made that a person failed without good cause to take part in a work-focused interview, the decision under section 10 shall take effect as from—

(a)the first day of the benefit week to commence for that person following the date of the first decision; or

(b)in a case where a partner has failed without good cause to take part in a work-focused interview [F252in accordance with regulations made under section 2AA of the Administration Act]—

(i)the first day of the benefit week to commence for the claimant [F253(meaning the person who has been awarded a benefit within section 2AA(2) of the Administration Act at a higher rate referable to that partner)] following the date of the first decision; or

(ii)if that date arises five days or less after the day on which the first decision was made, as from the first day of the second benefit week to commence for the claimant following the date of the first decision.]

(26) In paragraph (25), “benefit week" means any period of 7 days corresponding to the week in respect of which the relevant social security benefit is due to be paid.]

F254(27) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F255(28) A decision to which regulation 6(2)(j) or (k) applies shall take effect from the first day of the disqualification period prescribed for the purposes of section [F2566B or] 7 of the Social Security Fraud Act 2001.]

[F257(29) [F258Subject to paragraphs (29A) and (29B), a] decision to which regulation 6(2)(1) (state pension credit) refers shall take effect from the day following the day on which the assessed income period ends if that day is the first day of the claimant’s benefit week, but if it is not, from the next following such day.]

[F259(29A) A decision to which regulation 6(2)(l) applies, where—

(a)the decision is advantageous to the claimant; and

(b)the information and evidence required under regulation 32(1) of the Claims and Payments Regulations has not been provided within the period allowed under that regulation,

shall take effect from the day the information and evidence required under that regulation is provided if that day is the first day of the claimant’s benefit week, but, if it is not, from the next following such day.

(29B) A decision to which regulation 6(2)(l) applies, where—

(a)the decision is disadvantageous to the claimant; and

(b)the information and evidence required under regulation 32(1) of the Claims and Payments Regulations has not been provided within the period allowed under that regulation,

shall take effect from the day after the period allowed under that regulation expired.

(29C) Except where there is a change of circumstances during the period in which the Secretary of State was prevented from specifying a new assessed income period under regulation 10(1) of the State Pension Credit Regulations, a decision to which regulation 6(2)(m) applies shall take effect from the day on which the information and evidence required under regulation 32(6)(a) of the Claims and Payments Regulations was provided.]

[F260(30) Where a decision is superseded in accordance with regulation 6(2)(a)(i) and the relevant circumstances are that there has been a change in the legislation in relation to a relevant benefit, the decision under section 10 shall take effect from the date on which that change in the legislation had effect.

[F261(30A) Where a decision is superseded in accordance with regulation 6(2)(a)(ii) and the relevant change of circumstances is the coming into force of a change in the legislation in relation to a relevant benefit, the decision under section 10 shall take effect from the date on which that change in the legislation takes effect.]

(31) Where a decision is superseded in accordance with regulation 6(2)(a)(ii) and the relevant circumstances are that—

(a)a personal capability assessment has been carried out in the case of a person to whom section 171C(4) of the Contributions and Benefits Act applies; and

(b)the own occupation test remains applicable to him under section 171B(3) of that Act,

the decision under section 10 shall take effect on the day F262 ... on which the own occupation test is no longer applicable to that person.

(32) For the purposes of paragraph (31)—

(a)“personal capability assessment” has the same meaning as in regulation 24 of the Social Security (Incapacity for Work) (General) Regulations 1995;

(b)“own occupation test” has the same meaning as in section 171B(2) of the Contributions and Benefits Act.

(33) A decision to which regulation 6(2)(c)(ii) applies shall take effect from the date on which [F263the decision of the appeal tribunal, the First-tier Tribunal, the Upper Tribunal or the Commissioner] would have taken effect had it been decided in accordance with the determination of the [F264Upper Tribunal] [F265or the Commissioner] or the court in the appeal referred to in section 26(1)(b).]

[F266(34) A decision which supersedes a decision specified in regulation 6(2)(n) shall take effect from the effective date of the Secretary of State’s decision to terminate income support which was confirmed by the decision specified in regulation 6(2)(n).]

(35) [F267A decision made in accordance with regulation 6(2)(p), where the failure determination was made before the 13th week of entitlement, shall take effect from the first day of the benefit week following that week.]

(36) [F268A decision made in accordance with regulation 6(2)(p) where paragraph (35) does not apply shall take effect from the first day of the benefit week in which the failure determination was made.]

[F268A decision made in accordance with regulation 6(2)(p) shall take effect —

(a)on the first day of the benefit week in which the failure determination was made where, on the date of that determination, the claimant has not been paid an employment and support allowance since the failure to which that determination relates; or

(b)in any other case, on the first day of the benefit week after the end of the benefit week in respect of which the claimant was last paid an employment and support allowance.]

(37) A decision made in accordance with regulation 6(2)(q) shall take effect from the first day of the benefit week in which the reduction mentioned in that sub-paragraph ceased to have effect.

[F269(38) A decision made in accordance with regulation 6(2)(r) that embodies a determination that the claimant has—

(a)limited capability for work; or

(b)limited capability for work-related activity; or

(c)limited capability for work and limited capability for work-related activity

which is the first such determination shall take effect from [F270the day after the last day of the relevant period as defined in regulation 4(4) of the Employment and Support Allowance Regulations].]

(39) A decision made in accordance with regulation 6(2)(r), following an application by the claimant, that embodies a determination that the claimant has limited capability for work-related activity shall take effect from the date of the application.

[F271(40) A decision made in accordance with regulation 6(2)(r) that embodies a determination that the claimant has—

(a)limited capability for work; or

(b)limited capability for work-related activity; or

(c)limited capability for work and limited capability for work-related activity

where regulation 5 of the Employment and Support Allowance Regulations (assessment phase – previous claimants) applies shall take effect from the beginning of the 14th week of the person’s continuous period of limited capability for work.]

[F272(41) A decision made in accordance with regulation 6(2)(t) shall take effect from the first day of the next benefit week following the day on which the determination mentioned in that sub-paragraph was made.

(42) A decision made in accordance with regulation 6(2)(u) shall take effect from the first day of the benefit week in which the reduction mentioned in that sub-paragraph ceased to have effect.]

[F273(43) Where the decision is superseded in accordance with regulation 6(2)(sa), the superseding decision shall take effect from the date on which the contributions are treated as paid in accordance with regulation 4(7) of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 for the purposes of entitlement to—

(i)a bereavement benefit;

(ii)a Category A or Category B retirement pension under Part II of the Contributions and Benefits Act; or

(iii)a state pension under Part 1 of the Pensions Act 2014.]

Textual Amendments

F227 Words in reg. 7(5) substituted (14.5.2012 retrospective to 3.11.2008 in accordance with reg. 1(2)) by The Social Security and Child Support (Supersession of Appeal Decisions) Regulations 2012 (S.I. 2012/1267), regs. 1, 4(5)(a)

F235Words in reg. 7(7A) inserted (6.4.2016 coming into force in accordance with art. 1(2)(b)) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 18(6)

F246Reg. 7(12A)-(12G) inserted by S.I. 2017/725, Sch. 5 para. 11(3)(a) (as inserted) (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e)

F247Reg. 7(13)-(17G) omitted by S.I. 2017/725, Sch. 5 para. 11(3)(b) (as inserted) (6.4.2018) by virtue of The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e)

F249Reg. 7(18)-(23) omitted by S.I. 2017/725, Sch. 5 para. 11(3)(b) (as inserted) (6.4.2018) by virtue of The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e)

F254 Reg. 7(27) omitted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 2010 (S.I. 2010/424), reg. 4(5)

F263 Words in reg. 7(33) substituted (14.5.2012 retrospective to 3.11.2008 in accordance with reg. 1(2)) by The Social Security and Child Support (Supersession of Appeal Decisions) Regulations 2012 (S.I. 2012/1267), regs. 1, 4(5)(b)(i)

F265 Words in reg. 7(33) inserted (14.5.2012 retrospective to 3.11.2008 in accordance with reg. 1(2)) by The Social Security and Child Support (Supersession of Appeal Decisions) Regulations 2012 (S.I. 2012/1267), regs. 1, 4(5)(b)(ii)

Marginal Citations

M4 S.I. 1995/311; relevant amending instruments are S.I. 1995/987, S.I. 1996/3207 and S.I. 1997/1009.

[F274[F275 Definitions for the purposes of Chapters I and II] E+W+S

7A.—(1) For the purposes of regulations 3(5)(c), 6(2)(g)[F276, 6(2)(r)][F277, 7(2)(c) and (5)]–

“disability benefit decision” means a decision to award a relevant benefit embodied in or necessary to which is a disability determination,

“disability determination” means–

(a)

in the case of a decision as to an award of an attendance allowance or a disability living allowance, whether the person satisfies any of the conditions in section 64, 72(1) or 73(1) to (3), as the case may be, of the Contributions and Benefits Act,

(b)

in the case of a decision as to an award of severe disablement allowance, whether the person is disabled for the purpose of section 68 of the Contributions and Benefits Act, or

(c)

in the case of a decision as to an award of industrial injuries benefit, whether the existence or extent of any disablement is sufficient for the purposes of section 103 or 108 of the Contributions and Benefits Act or for the benefit to be paid at the rate which was in payment immediately prior to that decision;

[F278 “employment and support allowance decision” means a decision to award a relevant benefit or relevant credit embodied in or necessary to which is a determination that a person has or is to be treated as having limited capability for work under Part 1 of the Welfare Reform Act ; ]

“incapacity benefit decision” means a decision to award a relevant benefit [F279or relevant credit] embodied in or necessary to which is a determination that a person is or is to be treated as incapable of work under Part XIIA of the Contributions and Benefits Act, [F280or an award of long term incapacity benefit under regulation 17(1) (transitional awards of long-term incapacity benefit) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995]

“incapacity determination” means a determination whether a person is incapable of work by applying the [F281personal capability assessment ] in regulation 24 of the Social Security (Incapacity for Work) (General) Regulations 1995 or whether a person is to be treated as incapable of work in accordance with regulation 10 (certain persons with a severe condition to be treated as incapable of work) or 27 (exceptional circumstances) of those Regulations, and

[F282 “limited capability for work determination” means a determination whether a person has limited capability for work by applying the test of limited capability for work or whether a person is to be treated as having limited capability for work in accordance with regulation 20 of the Employment and Support Allowance Regulations ; ]

“payee” means a person to whom a benefit referred to in paragraph (a), (b) or (c) of the definition of “disability determination”, or a benefit referred to in the definition of “incapacity benefit decision” [F283or “employment and support allowance decision”] is payable.

(2) Where a person’s receipt of or entitlement to a benefit (“the first benefit”) is a condition of his being entitled to any other benefit, allowance or advantage (“a second benefit”) and a decision is revised under regulation 3(5)(c) or a superseding decision is made under regulation 6(2) to which regulation 7(2)(c)(ii) applies, the effect of which is that the first benefit ceases to be payable, or becomes payable at a lower rate than was in payment immediately prior to that revision or supersession, a consequent decision as to his entitlement to the second benefit shall take effect from the date of the change in his entitlement to the first benefit.]

Textual Amendments

[F284Effective date of a supersession decision] [F284[F285Date from which a decision superseded under section 17 of the Child Support Act takes effect ]E+W+S

7B.—[F286[F284(1) Subject to paragraphs (17) to (22), where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(2)(a) applies on the basis of information or evidence which was also the basis of a decision made under section 8, 9 or 10 of the Act, the decision under section 17 of the Child Support Act shall take effect from the first day of the maintenance period in which that information or evidence was first brought to the attention of an officer exercising the functions of the Secretary of State under the Child Support Act (“the officer").

[F287(1A) Where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that—

(a)paragraph 4(2) of Schedule 1 to the Child Support Act applies, the decision shall take effect from the first day of the maintenance period on or after—

(i)the date on which the non-resident parent becomes the partner of a non-resident parent; or

(ii)where a maintenance calculation is first made in respect of the non-resident parent’s partner, the date on which that calculation takes effect for the purposes of the Child Support Act; or

(b)paragraph 4(2) of Schedule 1 to the Child Support Act ceases to apply, the decision shall take effect from the first day of the maintenance period on or after the date on which—

(i)the non-resident parent or his partner ceases to be a non-resident parent; or

(ii)the non-resident parent ceases to be the partner of a non-resident parent.]

(2) Where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(3)(a) applies and the relevant circumstance is that the non-resident parent or his partner has notified the officer that he or his partner had made a claim for a relevant benefit and, where the relevant benefit is payable, that the officer was notified within one month of notification of the award, the decision shall take effect from the first day of the maintenance period in which—

(a)the non-resident parent or his partner notified the officer that he or his partner had made a claim for a relevant benefit, where entitlement to that benefit commences on or before the date of notification; or

(b)entitlement to the relevant benefit commences, where that entitlement commenced after the date of notification.

(3) Where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(4) applies and the material fact is that the non-resident parent or his partner has notified the officer that he or his partner had made a claim for a relevant benefit before the Secretary of State notified him of an application for a maintenance calculation in accordance with regulation 5 of the Maintenance Calculation Procedure Regulations (notice of an application for a maintenance calculation) and, where the relevant benefit is payable, that the officer was notified within one month of notification of the award, the decision shall take effect from the first day of the maintenance period in which—

(a)the non-resident parent or his partner notified the officer that he or his partner had made a claim for a relevant benefit, where entitlement to that benefit commences on or before the date of notification; or

(b)entitlement to the relevant benefit commences, where that entitlement commenced after the date of notification.

(4) Subject to paragraphs (17) to (22), where the superseding decision is made in a case to which regulation 6A(3)(a)(i) applies and that decision supersedes one which has been made under section 12(2) of the Child Support Act, the decision shall take effect from the first day of the maintenance period in which the change of circumstances occurred.

(5) Where the superseding decision is made in a case to which regulation 6A(3)(a)(ii) applies, the decision shall take effect from the first day of the maintenance period in which the change of circumstances is expected to occur.

(6) Where the superseding decision is made in a case to which regulation 6A(6) applies and the relevant circumstance is that a ground for a variation is expected to occur, the decision shall take effect from the first day of the maintenance period in which the ground for the variation is expected to occur.

(7) Except in a case to which paragraph (1) applies, where the superseding decision is made in a case to which regulation 7C applies, that decision shall take effect from the first day of the maintenance period which includes the date which is 28 days after the date on which the Secretary of State gave notice to the relevant persons under that regulation.

(8) For the purposes of paragraph (7)—

(a)where the relevant persons are notified on different dates, the period of 28 days shall be counted from the date of the latest notification;

(b)notification includes oral and written notification;

(c)where a person is notified in more than one way, the date on which he is notified is the date on which he was first given notification; and

(d)the date of written notification is the date on which it was given or sent to the person.

(9) Where—

(a)a decision made by [F288the First-tier Tribunal or the Upper Tribunal] is superseded on the ground that it was erroneous due to a misrepresentation of, or that there was a failure to disclose, a material fact; and

(b)the Secretary of State is satisfied that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error,

the superseding decision shall take effect from the date on which the decision of [F289the First-tier Tribunal] or, as the case may be, [F290the Upper Tribunal] took, or was to take, effect.

(10) Any decision made under section 17 of the Child Support Act in consequence of a determination which is a relevant determination for the purposes of section 28ZC of that Act shall take effect from the date of the relevant determination.

F291( 11 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F291( 12 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F291( 13 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F291( 14 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F291( 15 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F291( 16 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17) Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is the death of a qualifying child or a qualifying child ceasing to be a qualifying child, the decision shall take effect from the first day of the maintenance period in which the change occurred.

[F292(17A) Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies, and the relevant circumstance is that a person has ceased to be a person with care in relation to a qualifying child in respect of whom the maintenance calculation was made, the decision shall take effect from the first day of the maintenance period in which that person ceased to be a person with care in relation to that qualifying child.

(17B) Where a superseding decision is made in a case to which regulation 6A(3) applies, and the relevant circumstance is that there is a further qualifying child in respect of the non-resident parent and the person with care to whom the maintenance calculation being superseded relates, the superseding decision shall take effect from—

(a)subject to sub-paragraph (b), the first day of the maintenance period in respect of the maintenance calculation in force, following—

(i)where an effective application is made under section 17(1) of the Child Support Act by the non-resident parent, the date on which that application is made; or

(ii)where the application made under section 17(1) of that Act is made by the person with care, or, where a maintenance calculation has been made in response to an application by a child under section 7 of that Act, by the child, the date of notification to the non-resident parent of that application;

(b)the first day of the maintenance period in respect of the maintenance calculation in force where the date set out in head (i) or (ii) falls on the first day of that maintenance period.

(17C) For the purposes of paragraph (17B)—

(a) in head (i) of sub-paragraph (a), an application is effective if, were it an application for a maintenance calculation, it would comply with regulation 3(1) of the Maintenance Calculation Procedure Regulations ;

(b) in head (ii) of sub-paragraph (a), notification to the non-resident parent shall take the same form in respect of an application for a supersession as it would in regulation 5 of the Maintenance Calculation Procedure Regulations , in respect of an application for a maintenance calculation. ]

(18) Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that the non-resident parent, person with care or the qualifying child has moved out of the jurisdiction, the decision shall take effect from the first day of the maintenance period in which the non-resident parent, person with care or qualifying child leaves the jurisdiction and jurisdiction is within the meaning of section 44 of the Child Support Act.

F293( 19 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(20) Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that both the non-resident parent and the person with care with respect to whom a maintenance calculation was made request the Secretary of State to decide that the maintenance calculation shall cease and he is satisfied that they are living together, the decision shall take effect from the first day of the maintenance period in which the later of the two requests was made.

(21) Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that—

(a) an application for a maintenance calculation is made under section 4 or 7 of the Child Support Act F294 ... in respect of a non-resident parent; and

(b)before the decision as to a maintenance calculation is made at least one other maintenance calculation is in force with respect to the same non-resident parent but to a different person with care and a different child,

the effective date of the maintenance calculation made in respect of the application shall be a date which is not later than 7 days after the date of notification to the non-resident parent and which is the day on which a maintenance period in respect of the maintenance calculation in force begins.

(22) Where a superseding decision is made in a case to which regulation 6A(3) applies and in relation to that decision a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Child Support Act applies, the effective date of the calculation or calculations shall be the beginning of the maintenance period in which the change of circumstance to which the calculation or calculations relates occurred or is expected to occur and where that change occurred before the date of the application for the supersession and was notified after that date, the date of that application.

[F295(22A) Where a superseding decision is made in a case to which regulation 6A(4A) applies the decision shall take effect from the first day of the maintenance period following the date the [F296First-tier Tribunal or the Upper Tribunal’s] decision would have taken effect had it been decided in accordance with the determination [F297of the Upper Tribunal] or the court in the appeal referred to in section 28ZB(1)(b) of the Child Support Act.]

(23) In this regulation—

  • “benefit week" in relation to income support has the same meaning as in regulation 2(1) of the Income Support Regulations, and in relation to jobseeker’s allowance has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations;

  • “partner" has the same meaning as in regulation 2 of the Income Support Regulations; and

  • “relevant benefit" means a benefit which is prescribed in regulation 4 of the Maintenance Calculations and Special Cases Regulations for the purposes of paragraph 4(1)(b) of Part I of Schedule 1 to the Child Support Act, and child benefit as referred to in paragraph 10C(2)(a) of Part I of Schedule 1 to that Act.]]

[F284Schedule 3D provides for cases and circumstances in which a supersession decision takes effect from a date other than the date specified in section 17(4) of the Child Support  Act.]

Textual Amendments

F285 Reg. 7B - Reg. 7C inserted (3.3.2003 for specified purposes and ) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 9 (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F292 Reg. 7B(17A)-(17C) inserted (3.3.2003 for specified purposes being the date on which 2000 c. 19, s. 9 comes into force for those purposes by virtue of S.I. 2003/192, art. 3) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(b), 3(2)

F294 Words in reg. 7B(21)(a) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 4(4)(b)

F295 Reg. 7B(22A) inserted (3.3.2003 for specified purposes being the date on which 2000 c. 19, s. 9 comes into force for those purposes by virtue of S.I. 2003/192, art. 3, 5.5.2003 in so far as not already in force) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1050) , regs. 1(1)(b) , 3(6) (with reg. 6 )

Procedure where the Secretary of State proposes to supersede a decision under section 17 of the Child Support Act on his own initiativeE+W+S

7C.  [F298Where the [F299Secretary of State] on [F299the Secretary of State’s] own initiative proposes to make a decision superseding a decision [F299the Secretary of State] shall notify the relevant persons who could be materially affected by the decision of that intention.]]

Textual Amendments

F285 Reg. 7B - Reg. 7C inserted (3.3.2003 for specified purposes and ) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 9 (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

Effective date for late notifications of change of circumstancesE+W+S

8.—(1) For the purposes of regulation 7(2) [F300and (9)], a longer period of time may be allowed for the notification of a change of circumstances in so far as it affects the effective date of the change where the conditions specified in the following provisions of this regulation are satisfied.

(2) An application for the purposes of regulation 7(2) [F301or (9)] shall be made by the claimant or a person acting on his behalf.

(3) The application referred to in paragraph (2) shall—

(a)contain particulars of the relevant change of circumstances and the reasons for the failure to notify the change of circumstances on an earlier date; and

[F302(b)be made—

(i)within 13 months of the date the change occurred; or

(ii)in the case of an application for the purposes of regulation 7(9)(b), within 13 months of the date on which the claimant satisfied the conditions of entitlement to the particular rate of benefit.]

(4) An application under this regulation shall not be granted unless the Secretary of State is satisfied [F303or the Board are satisfied] that—

(a)it is reasonable to grant the application;

(b)the change of circumstances notified by the applicant is relevant to the decision which is to be superseded; and

(c)special circumstances are relevant to the application and as a result of those special circumstances it was not practicable for the applicant to notify the change of circumstances within one month of the change occurring.

(5) In determining whether it is reasonable to grant the application, the Secretary of State [F304or the Board] shall have regard to the principle that the greater the amount of time that has elapsed between the date one month after the change of circumstances occurred and the date the application for the purposes of regulation 7(2) [F305or (9)] is made, the more compelling should be the special circumstances on which the application is based.

(6) In determining whether it is reasonable to grant an application, no account shall be taken of the following—

(a)that the applicant or any person acting for him was unaware of, or misunderstood, the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or

(b)that [F306the Upper Tribunal] or a court has taken a different view of the law from that previously understood and applied.

(7) An application under this regulation which has been refused may not be renewed.

Textual Amendments

F303 Words in reg. 8(4) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 11(a)

F304 Words in reg. 8(5) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 11(b)

CHAPTER IIIE+W+SOTHER MATTERS

Certificates of recoverable benefitsE+W+S

9.   A certificate of recoverable benefits may be reviewed under section 10 of the 1997 Act M5 where the Secretary of State is satisfied that—

(a)a mistake (whether in computation of the amount specified or otherwise) occurred in the preparation of the certificate;

(b)the benefit recovered from a person who makes a compensation payment (as defined in section 1 of the 1997 Act) is in excess of the amount due to the Secretary of State;

(c)incorrect or insufficient information was supplied to the Secretary of State by the person who applied for the certificate and in consequence the amount of benefit specified in the certificate was less than it would have been had the information supplied been correct or sufficient; or

(d) a ground for appeal is satisfied under section 11 of the 1997 Act M6 .

Marginal Citations

M5Section 10 was amended by paragraph 149 of Schedule 7 to the Social Security Act 1998.

M6Section 11 was amended by paragraph 150 of Schedule 7 to the Social Security Act 1998.

[F307Review of certificatesE+W+S

9ZA.—(1) A certificate may be reviewed under section 10 of the 1997 Act where the Secretary of State is satisfied that—

(a)a mistake (whether in the computation of the amount specified or otherwise) occurred in the preparation of the certificate;

(b)the lump sum payment recovered from a compensator who makes a compensation payment (as defined in section 1A(5) of the 1997 Act) is in excess of the amount due to the Secretary of State;

(c)incorrect or insufficient information was supplied to the Secretary of State by the compensator who applied for the certificate and in consequence the amount of lump sum payment specified in the certificate was less than it would have been had the information supplied been correct or sufficient;

(d)a ground for appeal is satisfied under section 11 of the 1997 Act or an appeal has been made under that section; or

(e)a certificate has been issued and, for any reason, a recoverable lump sum payment was not included in that certificate.

(2) In this regulation and regulations 1(3) in paragraph (b) of the definition of “party to the proceedings”, [F30829 [F309and 33]], where applicable—

(a)any reference to the 1997 Act is to be construed so as to include a reference to that Act as applied by regulation 2 of the Lump Sum Payments Regulations and, where applicable, as modified by Schedule 1 to those Regulations;

(b) “ certificate ” means a certificate of recoverable lump sum payments, including where any of the amounts is nil;

(c)“lump sum payment” is a payment to which section 1A(2) of the 1997 Act applies;

(d) “ P ” is to be construed in accordance with regulations 4(1)(a)(i) and 5 of the Lump Sum Payments Regulations. ]

Textual Amendments

F307 Reg. 9ZA inserted (1.10.2008 as amended by S.I. 2008/2365 reg. 6(4)) by Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 (S.I. 2008/1596), reg. 1(1), Sch. 2 para. 1(b) (with reg. 6)(as amended by S.I. 2008/2365 reg. 6(4))

[F310Consideration of review before appealE+W+S

9ZB.—(1) This regulation applies in a case where—

(a)the Secretary of State has issued a certificate of recoverable benefits or certificate of recoverable lump sum payments; and

(b)that certificate is accompanied by a notice to the effect that there is a right of appeal in relation to the certificate only if the Secretary of State has considered an application for review of the certificate.

(2) In a case to which this regulation applies, a person has a right of appeal under section 11 of the 1997 Act against the certificate only if the Secretary of State has considered an application for review of the certificate under section 10 of that Act.]

Textual Amendments

[F311Correction of accidental errorsE+W+S

9A.—(1) Accidental errors in a decision of the Secretary of State or an officer of the Board under a relevant enactment within the meaning of section 28(3), or in any record of such a decision, may be corrected by the Secretary of State or an officer of the Board, as the case may be, at any time.

(2) A correction made to, or to the record of, a decision shall be deemed to be part of the decision, or of that record, and the Secretary of State or an officer of the Board shall give a written notice of the correction as soon as practicable to the claimant.

(3)  In calculating the time within which an application can be made under regulation 3(1)(b) for a decision to be revised F312 ... there shall be disregarded any day falling before the day on which notice was given of a correction of the decision or to the record thereof under paragraph (2).]

Textual Amendments

[F313Effect of determination as to capacity or capability for workE+W+S

10.—(1) This regulation applies to a determination whether a person—

(a)is capable or incapable of work;

(b)is to be treated as capable or incapable of work;

(c)has or does not have limited capability for work; or

(d)is to be treated as having or not having limited capability for work.

(2)  A determination (including a determination made following a change of circumstances) as set out in paragraph (1) which is embodied in or necessary to a decision under Chapter II of Part I of the Act or on which such a decision is based shall be conclusive for the purposes of any further decision.]

Textual Amendments

Secretary of State to determine certain mattersE+W+S

11.   Where, in relation to a determination for any purpose to which Part XIIA of the Contributions and Benefits Act [F314or Part 1 of the Welfare Reform Act] applies, an issue arises as to—

(a)whether a person is, or is to be treated as, capable or incapable of work in respect of any period; or

[F315(aa)whether a person is, or is to be treated as, having or not having limited capability for work; or]

(b)whether a person is terminally ill,

that issue shall be determined by the Secretary of State, notwithstanding that other matters fall to be determined by another authority.

Textual Amendments

[F316Issues for decision by officers of Inland RevenueE+W+S

11A.—(1) Where, on consideration of any claim or other matter, it appears to the Secretary of State that an issue arises which, by virtue of section 8 of the Transfer Act, falls to be decided by an officer of the Board, he shall refer that issue to the Board.

(2) Where—

(a)the Secretary of State has decided any claim or other matter on an assumption of facts—

(i)as to which there appeared to him to be no dispute, but

(ii)concerning which, had an issue arisen, that issue would have fallen, by virtue of section 8 of the Transfer Act, to be decided by an officer of the Board; and

(b)an application for revision or an application for supersession [F317or an appeal] is made in relation to the decision of that claim or other matter; and

(c)it appears to the Secretary of State on [F318receipt of the application or appeal] that such an issue arises,

he shall refer that issue to the Board.

(3) Pending the final decision of any issue which has been referred to the Board in accordance with paragraph (1) or (2) above, the Secretary of State may—

(a)determine any other issue arising on consideration of the claim or other matter or, as the case may be, of the application,

(b)seek a preliminary opinion of the Board on the issue referred and decide the claim or other matter or, as the case may be, the application in accordance with that opinion on that issue; or

(c)defer making any decision on the claim or other matter or, as the case may be, the application.

(4) On receipt by the Secretary of State of the final decision of an issue which has been referred to the Board in accordance with paragraph (1) or (2) above, the Secretary of State shall—

(a)in a case to which paragraph (3)(b) above applies—

(i)consider whether the decision ought to be revised under section 9 or superseded under section 10, and

(ii)if so, revise it, or, as the case may be, make a further decision which supersedes it; or

(b)in a case to which paragraph (3)(a) or (c) above applies, decide the claim or other matter or, as the case may be, the application,

in accordance with the final decision of the issue so referred.

(5) In paragraphs (3) and (4) above “final decision" means the decision of an officer of the Board under section 8 of the Transfer Act or the determination of any appeal in relation to that decision.]

Textual Amendments

Decision of the Secretary of State relating to industrial injuries benefitE+W+S

12.—(1) This regulation applies where, for the purpose of a decision of the Secretary of State relating to a claim for industrial injuries benefit under Part V of the Contributions and Benefits Act an issue to be decided is—

(a)the extent of a personal injury for the purposes of section 94 of that Act;

(b)whether the claimant has a disease prescribed for the purposes of section 108 of that Act or the extent of any disablement resulting from such a disease; or

(c)whether the claimant has a disablement for the purposes of section 103 of that Act or the extent of any such disablement.

(2) In connection with making a decision to which this regulation applies, the Secretary of State may refer an issue, together with any relevant evidence or information available to him, including any evidence or information provided by or on behalf of the claimant, to a [F319health care professional approved by the Secretary of State] who has experience in such of the issues specified in paragraph (1) as are relevant to the decision, for such report as appears to the Secretary of State to be necessary for the purpose of providing him with information for use in making the decision.

(3) In making a decision to which this regulation applies, the Secretary of State shall have regard to (among other factors)—

(a)all relevant medical reports provided to him in connection with that decision; and

(b) the experience, in such of the issues specified in paragraph (1) as are relevant to the decision, of any [F320health care professional] who has provided a report, including a  [F320health care professional approved by the Secretary of State] who has provided a report following an examination required by the Secretary of State under section 19.

Textual Amendments

[F321Recrudescence of a prescribed diseaseE+W+S

12A.—(1) This regulation applies to a decision made under sections 108 to 110 of the Contributions and Benefits Act where a disease is subsequently treated as a recrudescence under regulation 7 of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985.

(2)  Where this regulation applies Chapter II of Part I of the Act shall apply as if section 8(2) did not apply.]

Textual Amendments

Income support and social fund determinations on incomplete evidenceE+W+S

13.—[F322(1) Where, for the purpose of a decision under section 8 (decisions by Secretary of State) or 10 (decisions superseding earlier decisions)—

(a)a determination falls to be made by the Secretary of State in respect of a claimant of income support, state pension credit or employment and support allowance as to—

(i)the amount to be included in an owner-occupier loan payment under regulation 10 of the Loans for Mortgage Interest Regulations (calculation of each loan payment); or

(ii)what housing costs are to be included in the claimant’s applicable amount (in the case of income support or employment and support allowance) or the claimant’s appropriate minimum guarantee (in the case of state pension credit); and

(b)it appears to the Secretary of State that the Secretary of State is not in possession of all of the evidence or information which is relevant for the purposes of such a determination,

the Secretary of State shall make the determination on the assumption that the amounts to be included in an owner-occupier loan payment, the claimant’s applicable amount, or the claimant’s appropriate minimum guarantee, as the case may be, are those that can be immediately determined.]

(2) Where, for the purpose of a decision under section 8 or 10—

(a)a determination falls to be made by the Secretary of State as to whether—

(i)in relation to any person, the applicable amount falls to be reduced or disregarded to any extent by virtue of section 126(3) of the Contributions and Benefits Act (persons affected by trade disputes);

(ii) for the purposes of regulation 12 of the Income Support Regulations, a person is by virtue of that regulation to be treated as receiving relevant education; F323 ...

(iii)in relation to any claimant, the applicable amount includes severe disability premium by virtue of regulation 17(1)(d) or 18(1)(e), and paragraph 13 of Schedule 2 to, the Income Support Regulations; [F324or

(iv) in relation to any claimant, the applicable amount includes the severe disability premium by virtue of regulation 67(1) or 68(1) of, and paragraph 6 of Schedule 4 to, the Employment and Support Allowance Regulations ; and]

(b)it appears to the Secretary of State that he is not in possession of all of the evidence or information which is relevant for the purposes of such a determination,

he shall make the determination on the assumption that the relevant evidence or information which is not in his possession is adverse to the claimant.

[F325(3) Where, for the purposes of a decision under section 8 or 10—

(a) a determination falls to be made by the Secretary of State as to whether a claimant’s appropriate minimum guarantee includes an additional amount in accordance with regulation 6(4) of, and paragraph 1 of Schedule I to, the State Pension Credit Regulations ; and

(b)it appears to the Secretary of State that he is not in possession of all the evidence or information which is relevant for the purpose of such a determination,

he shall make the determination on the assumption that the relevant evidence or information which is not in his possession is adverse to the claimant.]

Textual Amendments

[F326Retirement pension after period of defermentE+W+S

13A.—(1) This regulation applies where—

(a)a person claims a Category A or Category B retirement pension, shared additional pension or, as the case may be, graduated retirement benefit;

(b)an election is required by, as the case may be—

(i)paragraph A1 or 3C of Schedule 5 to the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred);

(ii)paragraph 1 of Schedule 5A to that Act (pension increase or lump sum where entitlement to shared additional pension is deferred); or, as the case may be,

(iii)paragraph 12 or 17 of Schedule 1 to the Graduated Retirement Benefit Regulations (further provisions replacing section 36(4) of the National Insurance Act 1965: increases of graduated retirement benefit and lump sums); and

(c)no election is made when the claim is made.

(2) In the circumstances specified in paragraph (1) the Secretary of State may decide the claim before any election is made, or is treated as made, for an increase or lump sum.

(3) When an election is made, or is treated as made, the Secretary of State shall revise the decision which he made in pursuance of paragraph (2).]

Textual Amendments

[F327State pension under Part 1 of the Pensions Act 2014 after period of defermentE+W+S

13B.—(1) This regulation applies where—

(a)a person claims a state pension under Part 1 of the Pensions Act 2014;

(b)the person may make a choice under—

(i)section 8(2) of the Pensions Act 2014; or

(ii)Regulations made under section 10 of that Act which make provision corresponding or similar to section 8(2); and

(c)the person does not make such a choice when the claim is made.

(2) The Secretary of State may decide the claim before paragraph (4) applies.

(3) The Secretary of State may revise a decision under paragraph (2) where paragraph (4) applies.

(4) This paragraph applies where the person—

(a)makes a choice mentioned in paragraph (1)(b); or

(b)becomes entitled to a lump sum under section 8(4) of the Pensions Act 2014, or under Regulations made under section 10 of that Act which make provision corresponding or similar to section 8(4), because the person has failed to choose within the period mentioned in section 8(3).]

Textual Amendments

Effect of alteration in the component rates of income support and jobseeker’s allowanceE+W+S

14.—(1) Section 159 of the Administration Act (effect of alteration in the component rates of income support) shall not apply to any award of income support in force in favour of a person where there is applicable to that person—

(a)any amount determined in accordance with regulation 17(2) to (7) of the Income Support Regulations; or

(b) any protected sum determined in accordance with Schedule 3A or 3B of those Regulations M7 ; or

(c) any transitional addition, personal expenses addition or special transitional addition applicable under Part II of the Income Support (Transitional) Regulations 1987 M8 (transitional protection).

(2) Where section 159 of the Administration Act does not apply to an award of income support by virtue of paragraph (1), a decision under section 10 may be made in respect of that award for the sole purpose of giving effect to any change made by an order under section 150 of the Administration Act.

(3)  Section 159A of the Administration Act M9 (effect of alterations in the component rates of jobseeker’s allowance) shall not apply to any award of a jobseeker’s allowance in force in favour of a person where there is applicable to that person any amount determined in accordance with regulation 87 of the Jobseeker’s Allowance Regulations.

(4) Where section 159A of the Administration Act does not apply to an award of a jobseeker’s allowance by virtue of paragraph (3), a decision under section 10 may be made in respect of that award for the sole purpose of giving effect to any change made by an order under section 150 of the Administration Act.

[F328(5)  Section 159B of the Administration Act (effect of alterations affecting state pension credit) shall not apply to any award of state pension credit in favour of a person where in relation to that person the appropriate minimum guarantee includes an amount determined under paragraph 6 of Part III of Schedule I to the State Pension Credit Regulations .

(6)  Where section 159B of the Administration Act does not apply to an award of state pension credit by virtue of paragraph (5), a decision under section 10 may be made in respect of that award for the sole purpose of giving effect to any change made to an award under section 150 of the Administration Act.]

Textual Amendments

Marginal Citations

M7 Schedule 3A was inserted by S.I. 1988/1445; Schedule 3B was inserted by S.I. 1989/534.

M9 Section 159A was inserted by section 24 of the Jobseekers Act 1995 (c.18).

[F329Termination of award of income support[F330, jobseeker’s allowance or employment and support allowance]E+W+S

14A.—(1) This regulation applies in a case where an award of income support[F331, a jobseeker’s allowance or an employment and support allowance] (“the existing benefit”) exists in favour of a person and, if that award did not exist and a claim was made by that person or his partner for [F332an employment and support allowance,] a jobseeker’s allowance or, as the case may be, income support (“the alternative benefit”), an award of the alternative benefit would be made on that claim.

(2) In a case to which this regulation applies, if a claim for the alternative benefit is made the Secretary of State may bring to an end the award of the existing benefit if he is satisfied that an award of the alternative benefit will be made on that claim.

(3) Where, under paragraph (2), the Secretary of State brings an award of the existing benefit to an end he shall do so with effect from the day immediately preceding the first day on which an award of the alternative benefit takes effect.

(4) Where an award of a jobseeker’s allowance is made in accordance with the provisions of this regulation, paragraph 4 of Schedule 1 to the Jobseekers Act (waiting days) shall not apply.]

[F333(5)  Where an award of an employment and support allowance is made in accordance with the provisions of this regulation, paragraph 2 of Schedule 2 to the Welfare Reform Act (waiting days) shall not apply. ]

Textual Amendments

Jobseeker’s allowance determinations on incomplete evidenceE+W+S

15.  Where, for the purpose of a decision under section 8 or 10—

(a)a determination falls to be made by the Secretary of State as to whether—

(i)in relation to any person, the applicable amount falls to be reduced or disregarded to any extent by virtue of section 15 of the Jobseekers Act (persons affected by trade disputes); or

(ii)for the purposes of regulation 54(2) to (4) of the Jobseeker’s Allowance Regulations (relevant education), a person is by virtue of that regulation, to be treated as receiving relevant education; and

(b)it appears to the Secretary of State that he is not in possession of all of the evidence or information which is relevant for the purposes of such a determination,

he shall make the determination on the assumption that the relevant evidence or information which is not in his possession is adverse to the claimant.

[F334Provision of informationE+W+S

15A.—[F335(1) Where the [F336Secretary of State] has received an application under section 16 or 17 of the Child Support Act in connection with a previously determined variation which has effect on the maintenance calculation in force, [F336the Secretary of State] may request further information or evidence from the applicant to enable a decision on that application to be made and any such information or evidence shall be provided within one month of the date of notification of the request, or such longer period as the [F336Secretary of State] is satisfied is reasonable in the circumstances of the case.

(2) Where any information or evidence requested in accordance with paragraph (1) is not provided within the time limit specified in that paragraph, the [F336Secretary of State] may, where [F336the Secretary of State] is able to do so, proceed to make the decision in the absence of that information or evidence.]

Textual Amendments

F334 Regs. 15A-15D inserted (3.3.2003 for specified purposes and with effect in accordance with reg. 1(1)(2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 10 (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

Procedure in relation to an application made under section 16 or 17 of the Child Support Act in connection with a previously determined variationE+W+S

15B.—[F337(1) Subject to paragraph (3), where the [F338Secretary of State] has received an application under section 16 or 17 of the Child Support Act in connection with a previously determined variation which has effect on the maintenance calculation in force, [F338the Secretary of State]—

(a)shall give notice of the application to the relevant persons, other than the applicant, informing them of the grounds on which the application has been made and any relevant information or evidence the applicant has given, except information or evidence falling within paragraph (2);

(b)may invite representations, which need not be in writing but shall be in writing if in any case [F338the Secretary of State] so directs, from the relevant persons other than the applicant on any matter relating to that application, to be submitted to the [F338Secretary of State] within 14 days of notification or such longer period as the [F338Secretary of State] is satisfied is reasonable in the circumstances of the case; and

(c)shall set out the provisions of paragraphs (2)(b) and (c), (4) and (5) in relation to such representations.

(2) The information or evidence referred to in paragraphs (1)(a), (4)(a) and (7), is—

(a)details of the nature of the long-term illness or disability of the relevant other child which forms the basis of a variation application on the ground in regulation 11 of the Variations Regulations (special expenses — illness or disability of relevant other child) where the applicant requests they should not be disclosed and the [F339Secretary of State] is satisfied that disclosure is not necessary in order to be able to determine the application;

(b)medical evidence or medical advice which has not been disclosed to the applicant or a relevant person and which the [F339Secretary of State] considers would be harmful to the health of the applicant or that relevant person if disclosed to him;

(c)the address of a relevant person or qualifying child, or any other information which could reasonably be expected to lead to that person or child being located, where the [F339Secretary of State] considers that there would be a risk of harm or undue distress to that person or that child or any other children living with that person if the address or information were disclosed.

(3) The [F340Secretary of State] need not act in accordance with paragraph (1) if—

(a)[F341satisfied on the information or evidence available that a variation of the maintenance calculation in force will not be agreed], but if, on further consideration [F342the Secretary of State] is minded to do so [F342the Secretary of State] shall, before doing so, comply with the provisions of this regulation; and

(b)were the application to succeed, the decision as revised or superseded would be less advantageous to the applicant than the decision before it was so revised or superseded.

(4) Where the [F343Secretary of State] receives representations from the relevant persons [F344the Secretary of State]—

(a)may, if [F345the Secretary of State] considers it reasonable to do so, send a copy of the representations concerned (excluding material falling within paragraph (2) above) to the applicant and invite any comments [F346to be provided] within 14 days or such longer period as the [F343Secretary of State] is satisfied is reasonable in the circumstances of the case; and

(b)where the [F343Secretary of State] acts under sub-paragraph (a), shall not proceed to make a decision in response to the application until [F347the Secretary of State] has received such comments or the period referred to in sub-paragraph (a) has expired.

(5) Where the [F348Secretary of State] has not received representations from the relevant persons notified in accordance with paragraph (1) within the time limit specified in sub-paragraph (b) of that paragraph, [F348the Secretary of State] may proceed to make a decision under section 16 or 17 of the Child Support Act in response to the application, in their absence.

(6) In considering an application for a revision or supersession the [F348Secretary of State] shall take into account any representations received at the date upon which [F348the Secretary of State] makes a decision under section 16 or 17 of the Child Support Act, from the relevant persons including any representations received in connection with the application in accordance with paragraphs (1)(b), (4)(a) and (7).

(7) Where any information or evidence requested by the [F349Secretary of State] under regulation 15A is received after notification has been given under paragraph (1), [F349the Secretary of State] may, if [F349the Secretary of State] considers it reasonable to do so and except where such information or evidence falls within paragraph (2), send a copy of such information or evidence to the relevant persons and may invite them to submit representations, which need not be in writing unless the [F349Secretary of State] so directs in any particular case, on that information or evidence.

(8) Where the [F350Secretary of State] is considering making a decision under section 16 or 17 of the Child Support Act in accordance with this regulation, [F350the Secretary of State] shall apply the factors to be taken into account for the purposes of section 28F of the Child Support Act set out in regulation 21 of the Variations Regulations (factors to be taken into account and not to be taken into account) as factors to be taken into account and not to be taken into account when considering making a decision under this regulation.

(9) In this regulation “relevant person" means—

(a)a non-resident parent, or a person treated as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations (persons treated as non-resident parents), whose liability to pay child support maintenance may be affected by any variation agreed;

(b)a person with care, or a child to whom section 7 of the Child Support Act applies, where the amount of child support maintenance payable by virtue of a calculation relevant to that person with care or in respect of that child may be affected by any variation agreed.]

Textual Amendments

F334 Regs. 15A-15D inserted (3.3.2003 for specified purposes and with effect in accordance with reg. 1(1)(2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 10 (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

Notification of a decision made under section 16 or 17 of the Child Support ActE+W+S

15C.—[F351(1) Subject to paragraphs (2) and (5) to (11), a notification of a decision made following the revision or supersession of a decision made under section 11, 12 or 17 of the Child Support Act, whether as originally made or as revised under section 16 of that Act, shall set out, in relation to the decision in question—

(a)the effective date of the maintenance calculation;

(b)where relevant, the non-resident parent’s net weekly income;

(c)the number of qualifying children;

(d)the number of relevant other children;

(e)the weekly rate;

(f)the amounts calculated in accordance with Part I of Schedule 1 to the Child Support Act and, where there has been agreement to a variation or a variation has otherwise been taken into account, the Variations Regulations;

(g)where the weekly rate is adjusted by apportionment or shared care or both, the amount calculated in accordance with paragraph 6, 7 or 8, as the case may be, of Part I of Schedule 1 to the Child Support Act; and

(h)where the amount of child support maintenance which the non-resident parent is liable to pay is decreased in accordance with regulation 9 of the Maintenance Calculations and Special Cases Regulations (care provided in part by local authority) or 11 (non-resident parent liable to pay maintenance under a maintenance order) of those Regulations, the adjustment calculated in accordance with that regulation.

(2) A notification of a revision or supersession of a maintenance calculation made under section 12(1) of the Child Support Act shall set out the effective date of the maintenance calculation, the default rate, the number of qualifying children on which the rate is based and whether any apportionment has been applied under regulation 7 of the Maintenance Calculation Procedure Regulations (default rate) and shall state the nature of the information required to enable a decision under section 11 of that Act to be made by way of section 16 of that Act.

(3) Except where a person gives written permission to the [F352Secretary of State] that the information in relation to him, mentioned in sub-paragraphs (a) and (b), may be conveyed to other persons, any document given or sent under the provisions of paragraph (1) or (2) shall not contain—

(a)the address of any person other than the recipient of the document in question (other than the address of the office of the officer concerned who is exercising functions of the [F352Secretary of State] under the Child Support Act) or any other information the use of which could reasonably be expected to lead to any such person being located;

(b)any other information the use of which could reasonably be expected to lead to any person, other than a qualifying child or a relevant person, being identified.

(4) Where a decision as to the revision or supersession of a decision made under section 11, 12 or 17 of the Child Support Act, whether as originally made or as revised under section 16 of that Act, is made under section 16 or 17 of that Act, a notification under paragraph (1) or (2) shall include information as to the provisions of sections 16, 17 and 20 of that Act.

(5) Where the [F353Secretary of State] makes a decision that a maintenance calculation shall cease to have effect—

(a)[F353the Secretary of State] shall immediately notify the non-resident parent and person with care, so far as that is reasonably practicable;

(b)where a decision has been superseded in a case where a child under section 7 of the Child Support Act ceases to be a child for the purposes of that Act, [F353the Secretary of State] shall immediately notify the persons in sub-paragraph (a) and the other qualifying children within the meaning of section 7 of that Act; and

(c)any notice under sub-paragraphs (a) and (b) shall specify the date with effect from which that decision took effect.

(6) [F354Where the [F355Commission], under the provisions of section 16 or 17 of the Child Support Act, has made a decision that an adjustment shall cease, or adjusted the amount payable under a maintenance calculation, [F355it] shall immediately notify the relevant persons, so far as that is reasonably practicable, that the adjustment has ceased or of the amount and period of the adjustment, and the amount payable during the period of the adjustment.]

(7) [F354Where the [F355Commission] has made a decision under section 16 of the Child Support Act, revising a decision under section 41A or 47 of that Act, [F355it] shall immediately notify the relevant persons so far as that is reasonably practicable, of the amount of child support maintenance payable, the amount of arrears, the amount of the penalty payment or fees to be paid, as the case may be, the method of payment and the day by which payment is to be made.]

(8) [F354Where the non-resident parent appeals against a decision made by the [F355Commission] under section 41A or 47 of the Child Support Act and the [F355Commission] makes a decision under section 16 of that Act, before the appeal is decided [F355it] shall notify the relevant persons, so far as that is reasonably practicable of either the new amount of the penalty payment or the fee to be paid or that the amount is no longer payable, the method of payment and the day by which payment is to be made.]

(9) Paragraphs (1) to (3) shall not apply where the [F356Secretary of State] has decided not to supersede a decision under section 17 of the Child Support Act, and [F356the Secretary of State] shall, so far as that is reasonably practicable, notify the relevant persons of that decision.

(10) A notification under paragraphs (6) to (9) shall include information as to the provisions of sections 16, 17 and 20 of the Child Support Act.

(11) Where paragraph (9) applies, and the [F357Secretary of State] decides not to supersede under regulation 6B, [F357the Secretary of State] shall notify the relevant person, in relation to the decision in question of—

(a)the fact that regulation 6B applies to the decision;

(b)the non-resident parent’s net income figure fixed for the purposes of the maintenance calculation in force in accordance with Part I of Schedule 1 to the Child Support Act;

(c)the non-resident parent’s net income figure provided by that parent to the [F357Secretary of State] with the application for supersession under regulation 6A(3);

(d)the decision of the [F357Secretary of State] not to supersede; and

(e)the right to appeal against the decision under section 20 of the Child Support Act.

(12) Where an appeal lapses in accordance with section 16(6) or 28F(5) of the Child Support Act, the [F358Secretary of State] shall, so far as that is reasonably practicable, notify the relevant persons that the appeal has lapsed.]

Textual Amendments

F334 Regs. 15A-15D inserted (3.3.2003 for specified purposes and with effect in accordance with reg. 1(1)(2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 10 (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

Procedure in relation to the adjustment of the amount payable under a maintenance calculationE+W+S

15D.—[F359(1) Where the Secretary of State has adjusted the amount payable under a maintenance calculation under the provisions of regulation 10(1) and (3A) of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations and that maintenance calculation is subsequently replaced by a fresh maintenance calculation made by virtue of a revision under section 16 of the Child Support Act or of a decision under section 17 of that Act superseding an earlier decision, that adjustment shall, subject to paragraph (2), continue to apply to the amount payable under that fresh maintenance calculation unless the Secretary of State is satisfied that such adjustment would not be appropriate in all the circumstances of the case.

(2) Where the Secretary of State is satisfied that the adjustment referred to in paragraph (1) would not be appropriate, he may make a decision under section 17 of the Child Support Act, superseding an earlier decision making an adjustment, and—

(a)the adjustment shall cease; or

(b)he may adjust the amount payable under that fresh maintenance calculation,

as he sees fit, having regard to the matters specified in regulation 10(1)(b)(i) to (iii) of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations.]]

Textual Amendments

F334 Regs. 15A-15D inserted (3.3.2003 for specified purposes and with effect in accordance with reg. 1(1)(2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 10 (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)