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

Provision of information or evidence

17.—(1) This regulation applies where the Secretary of State requires information or evidence for a determination whether a decision awarding a relevant benefit should be—

(a) revised under section 9; or

(b) superseded under section 10.

(2) For the purposes of paragraph (1), the following persons must satisfy the requirements of paragraph (4)—

(a) a person in respect of whom payment of a benefit has been suspended in the circumstances prescribed in regulation 16(3)(a);

(b) a person who has made an application for a decision of the Secretary of State to be revised or superseded;

(c) a person who fails to comply with the provisions of regulation 32(1) of the Claims and Payments Regulations in so far as they relate to documents, information or facts required by the Secretary of State;

(d) a person who qualifies for income support by virtue of paragraph 7 of Schedule 1B to the Income Support Regulations(1);

(e) a person whose entitlement to benefit is conditional upon his being, or being treated as, incapable of work.

(3) The Secretary of State shall notify any person to whom paragraph (2) refers of the requirements of this regulation.

(4) A person to whom paragraph (2) refers must either—

(a) supply the information or evidence within—

(i) a period of one month beginning with the date on which the notification under paragraph (3) was sent to him; or

(ii) such longer period as he satisfies the Secretary of State is necessary in order to enable him to comply with the requirement; or

(b) satisfy the Secretary of State within the period of time specified in sub-paragraph (a)(i) that either—

(i) the information or evidence required of him does not exist; or

(ii) that it is not possible for him to obtain it.

(5) The Secretary of State may suspend the payment of a relevant benefit, in whole or in part, to any person to whom paragraph (2)(b) to (e) applies who fails to satisfy the requirements of paragraph (4).

(6) In this regulation, “evidence” includes evidence which a person is required to provide in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976(2).

(1)

Schedule 1B was inserted by S.I. 1996/206.

(2)

S.I. 1976/615; relevant amending instruments are S.I. 1982/699, 1992/247 and 1994/2975.