PART IIF11REVISIONS, SUPERSESSIONS AND OTHER MATTERS SOCIAL SECURITY F10AND CHILD SUPPORT
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 IISUPERSESSIONS
Date from which a decision superseded under section 10 takes effect7
F21
This regulation–
a
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 F20had effectF31or, in the case of an advance award, since the decision was made, the decision under section 10 shall take effect—
F3a
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
ii
in the case of a claimant who is in receipt of income supportF15, 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
F7F56bb
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;
F39F57bc
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;
F40 bd
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F45be
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—
F4 i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1ii
in the case of a disability benefit decision, or an incapacity benefit decision where there has been an incapacity determination F64or 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 F64or 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
F36 iii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37iv
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.
F463
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).
F85
Where the Secretary of State supersedes a decision made by F73an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Commissioner on the grounds specified in regulation 6(2)(c)F21(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 F73an 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.
F326A
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.
F387
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) F47or paragraph 6 of Schedule 4 to the Employment and Support Allowance Regulations;
ii
by virtue of his having—
aa
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.
F357A
Where a decision is superseded in accordance with regulation 6(2)(o), 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.
F768
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.
F778ZA
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.
F788ZB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F598A
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.
F59
F70Except 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
F22where 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 F60date 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 F61date on which the change occurred; or
d
in any other case, the date of the application for the superseding decision.
F719A
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 M1 (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.
13
Paragraph (12) applies where—
a
the effect of a decision under section 10 is that there is to be included in a claimant’s applicable amount an amount in respect of a loan which qualifies under—
i
paragraph 15 or 16 of Schedule 3 to the Income Support Regulations; or
ii
paragraph 14 or 15 of Schedule 2 to the Jobseeker’s Allowance Regulations; F16or
iii
paragraph 11 or 12 of Schedule II to the State Pension Credit Regulations; F49or
F50iv
paragraph 16 or 17 of Schedule 6 to the Employment and Support Allowance Regulations; and
b
that decision could not have been made earlier because information necessary to make that decision, requested otherwise than in accordance with paragraph 10(3)(b) of Schedule 9A to the Claims and Payments Regulations M2 (annual requests for information), had not been supplied to the Secretary of State by the lender.
14
Subject to paragraph (23), where a claimant is in receipt of income support and his applicable amount includes an amount determined in accordance with Schedule 3 to the Income Support Regulations (housing costs), and there is a reduction in the amount of eligible capital owing in connection with a loan which qualifies under paragraph 15 or 16 of that Schedule, a decision made under section 10 shall take effect—
a
on the first anniversary of the date on which the claimant’s housing costs were first met under that Schedule; or
b
where the reduction in eligible capital 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.
15
Where a claimant is in receipt of income support and payments made to that claimant which fall within paragraph 29 or 30(1)(a) to (c) of Schedule 9 to the Income Support Regulations have been disregarded in relation to any decision under section 8 or 10 and there is a change in the amount of interest payable—
a
on a loan qualifying under paragraph 15 or 16 of Schedule 3 to those Regulations to which those payments relate; or
b
on a loan 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 interest payable shall take effect on whichever of the dates referred to in paragraph (16) is appropriate in the claimant’s case.
16
The date on which a decision under section 10 takes effect for the purposes of paragraph (15) is—
a
the date on which the claimant’s housing costs are first met under paragraph 6(1)(a), 8(1)(a) or 9(2)(a) of Schedule 3 to the Income Support Regulations; or
b
where the change in the amount of interest 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.
17
In paragraph (16), “standard rate” has the same meaning as it has in paragraph 1(2) of Schedule 3 to the Income Support Regulations.
F1317A
For the purposes of state pension credit—
a
paragraph (14) shall apply as if the reference to—
i
“income support and his applicable amount” was a reference to “state pension credit and his appropriate minimum guarantee”;
ii
“Schedule 3 to the Income Support Regulations” was a reference to “Schedule II to the State Pension Credit Regulations ”; and
iii
“paragraph 15 or 16” was a reference to “paragraph 11 or 12”;
b
paragraphs (15) to (17) shall not apply.
F12F2617B
Paragraph (17C) applies where—
a
a claimant is awarded state pension credit;
b
the claimant or his partner is aged 65 or over;
c
his appropriate minimum guarantee (as defined by the State Pension Credit Act) includes housing costs determined in accordance with Schedule II to the State Pension Credit Regulations; and
d
after the date from which sub-paragraph (c) applies—
i
a non-dependant (as defined in that Schedule) begins to reside with the claimant; or
ii
F34there has been a change of circumstances in respect of a non-dependant and this reduces the applicable amount of the claimant’s housing costs.
17C
In the circumstances specified in paragraph (17B) a decision made under section 10 shall take effect—
a
where there is more than one change of the kind specified in paragraph (17B)(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 (17B)(d) occurred.
F5117D
Except in a case where paragraph (23) applies, where a claimant is in receipt of an employment and support allowance and his applicable amount includes an amount determined in accordance with Schedule 6 to the Employment and Support Allowance Regulations (housing costs), and there is a reduction in the amount of eligible capital owing in connection with a loan which qualifies under paragraph 16 or 17 of that Schedule, a decision made under section 10 shall take effect—
a
on the first anniversary of the date on which the claimant’s housing costs were first met under that Schedule; or
b
where the reduction in eligible capital 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.
17E
Where a claimant is in receipt of an employment and support allowance and payments made to that claimant which fall within paragraph 31 or 32(1)(a) to (c) of Schedule 8 to the Employment and Support Allowance Regulations have been disregarded in relation to any decision under section 8 or 10 and there is a change in the amount of interest payable—
a
on a loan qualifying under paragraph 16 or 17 of Schedule 6 to those Regulations to which those payments relate; or
b
on a loan 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 interest payable shall take effect on whichever of the dates referred to in paragraph (17F) is appropriate in the claimant’s case.
17F
The date on which a decision under section 10 takes effect for the purposes of paragraph (17E) is—
a
the date on which the claimant’s housing costs are first met under paragraph 8(1)(a), 9(1)(a) or 10(2)(a) of Schedule 6 to the Employment and Support Allowance Regulations ; or
b
where the change in the amount of interest 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.
17G
In paragraph (17F) “standard rate” has the same meaning as it has in paragraph 13(2) of Schedule 6 to the Employment and Support Allowance Regulations .
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.
18
Subject to paragraph (24) and, except in a case to which paragraph (23) applies, where a claimant is in receipt of a jobseeker’s allowance and his applicable amount includes an amount determined in accordance with Schedule 2 to the Jobseeker’s Allowance Regulations (housing costs), and there is a reduction in the amount of eligible capital owing in connection with a loan which qualifies under paragraph 14 or 15 of that Schedule, a decision under section 10 made as a result of that reduction shall take effect—
a
on the first anniversary of the date on which the claimant’s housing costs were first met under that Schedule; or
b
where the reduction in eligible capital 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.
19
Where a claimant is in receipt of a jobseeker’s allowance and payments made to that claimant which fall within paragraph 30 or 31(1)(a) to (c) of Schedule 7 to the Jobseeker’s Allowance Regulations have been disregarded in relation to any decision under section 8 or 10 and there is a change in the amount of interest payable—
a
on a loan qualifying under paragraph 14 or 15 of Schedule 2 to those Regulations to which those payments relate; or
b
on a loan not so qualifying which is secured on the dwelling occupied as the home to which those payments relate,
any decision under section 10 which is made as a result of that change in the amount of interest payable shall take effect on whichever of the dates referred to in paragraph (20) is appropriate in the claimant’s case.
20
The date on which a decision under section 10 takes effect for the purposes of paragraph (19) is—
a
the date on which the claimant’s housing costs are first met under paragraph 6(1)(a), 7(1)(a) or 8(2)(a) of Schedule 2 to the Jobseeker’s Allowance Regulations; or
b
where the changes in the amount of interest 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.
21
In paragraph (20), “standard rate” has the same meaning as it has in paragraph 1(2) of Schedule 2 to the Jobseeker’s Allowance Regulations.
22
Where—
a
a claimant was paid benefit in respect of 6th October 1996 in accordance with an award of income support;
b
that claimant’s applicable amount includes an amount determined in accordance with Schedule 3 to the Income Support Regulations (housing costs);
c
that claimant is treated as having been awarded a jobseeker’s allowance by virtue of regulation 7 of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 M3 (jobseeker’s allowance to replace income support and unemployment benefit); and
d
a decision is made under section 10 in consequence of a reduction in the amount of eligible capital owing in connection with a loan which qualifies under paragraph 15 or 16 of Schedule 3 to the Income Support Regulations,
the decision under section 10 referred to in sub-paragraph (d) shall take effect on the next anniversary of the date on which housing costs were first met which occurs after the reduction.
F1723
Where, in any case to which paragraph (14), (17A)F52, (17D)F27 ... or (18) applies, a claimant has been continuously in receipt of, or treated as having been continuously in receipt of income support, a jobseeker’s allowanceF53, an employment and support allowance or state pension credit, or one of those benefits followed by the other, and he or his partner continues to receive any of those benefits, the anniversary to which those paragraphs refer shall be—
a
in the case of income supportF54, jobseeker’s allowance or employment and support allowance, the anniversary of the earliest date on which benefit in respect of those mortgage interest costs became payable;
b
in the case of state pension credit, the relevant anniversary date determined in accordance with paragraph 7 of Schedule II to the State Pension Credit Regulations.
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.
F6F2825
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 F29in accordance with regulations made under section 2AA of the Administration Act—
i
the first day of the benefit week to commence for the claimant F30(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.
F6527
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F928
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 F666B or 7 of the Social Security Fraud Act 2001.
F1829
F24Subject 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.
F2529A
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.
F2330
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.
F6730A
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 F62 ... 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 F74the 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 F63Upper TribunalF75or the Commissioner or the court in the appeal referred to in section 26(1)(b).
F3334
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
F79A 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
F80A 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.
F80A 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.
F6838
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 the beginning of the 14th week of entitlement.
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.
F6940
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.
F8141
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.
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 )