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

Supersession of decisions

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provisions of this regulation, for the purposes of section 10, the cases and circumstances in which a decision may be superseded under that section are set out in paragraphs (2) to (4).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the Secretary of State’s own initiative or on an application made for the purpose on the basis that the decision to be superseded—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 was made; or

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

(b) is a decision of the Secretary of State 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, or the decision by the Secretary of State to act on his own initiative was taken, more than one month after the date of notification of the decision which is to be superseded or after the expiry of such longer period of time as may have been allowed under regulation 4;

(c) is a decision of an appeal tribunal or of a Commissioner that was made in ignorance of, or was based upon a mistake as to, some material fact;

(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); or

(e) is a decision where—

(i) the Secretary of State has awarded a relevant benefit; and

(ii) on a date after the date that entitlement arises, the claimant or a member of his family becomes entitled to another relevant benefit or to an increase in the rate of another such benefit;

(f) is a decision of the Secretary of State that a jobseekers allowance is payable to a claimant where the Secretary of State subsequently determines that the allowance is not payable in accordance with section 19 of the Jobseekers Act.

(3) A decision which may be revised under regulation 3 may not be superseded under this regulation except where—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 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 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 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 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 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 Regula tions(1) or regulation 136 of the Jobseeker’s Allowance Regulations applies;

(b) the absence from a nursing home or residential care home for a period of less than one week of a resident who is—

(i) in receipt of income support or a jobseeker’s allowance; and

(ii) not a claimant to whom Part II of Schedule 4 to the Income Support Regulations applies.

(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.

(1)

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.