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- Point in Time (01/01/2015)
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There are currently no known outstanding effects for the The Social Security and Child Support (Decisions and Appeals) Regulations 1999, Section 7.
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7.—[F1(1) This regulation–
(a)[F2is, except for [F3paragraphs (2)(b)[F4, (bb)] [F5or (be)], (29) and (30)] and (29), subject to Schedules 3A[F6, 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 [F7had effect] [F8or, in the case of an advance award, since the decision was made], the decision under section 10 shall take effect—
[F9(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[F10, jobseeker’s allowance[F11, 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[F10, 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
[F12[F13(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;]]
(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;]]
F16( bd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F17(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—
F18( i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F19(ii)in the case of a disability benefit decision, or an incapacity benefit decision where there has been an incapacity determination [F20or 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 [F20or 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]
F21( iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F22(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.]
[F23( 2A ) F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
[F25(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).
[F26(5) Where the Secretary of State supersedes a decision made by [F27an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Commissioner] on the grounds specified in regulation 6(2)(c)[F28(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 [F27an 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.
[F29(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.]
[F30(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) [F31or 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[F32, regulation 2 of the Jobseeker’s Allowance Regulations] [F33or 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.]
[F34(7A) 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.]
[F35(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.]
[F36(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.]
F37(8ZB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F38(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.]
[F39(9) [F40Except 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)[F41where 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 [F42date 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 [F43date on which] the change occurred; or
(d)in any other case, the date of the application for the superseding decision.]
[F44(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 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; [F45or
(iii) paragraph 11 or 12 of Schedule II to the State Pension Credit Regulations; [F46or]]
[F47(iv) 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.
[F48(17A) 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.]
[F49[F50(17B) 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)[F51there 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.]]
[F52(17D) 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.
[F53(23) Where, in any case to which paragraph (14), (17A)[F54, (17D)] F55 ... 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 allowance[F56, 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 support[F57, 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.
[F58[F59(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 [F60in accordance with regulations made under section 2AA of the Administration Act]—
(i)the first day of the benefit week to commence for the claimant [F61(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.]
F62(27) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F63(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 [F646B or] 7 of the Social Security Fraud Act 2001.]
[F65(29) [F66Subject 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.]
[F67(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.]
[F68(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.
[F69(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 F70 ... 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 [F71the 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 [F72Upper Tribunal] [F73or the Commissioner] or the court in the appeal referred to in section 26(1)(b).]
[F74(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) [F75A 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) [F76A 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.]
[F76A 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.
[F77(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 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.
[F78(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.]
[F79(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.]
Textual Amendments
F1 Reg. 7(1) substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), art. 3(1)(a), Sch. 19 para. 1 (with art. 3(1)(b), Schs. 21-23)
F2 Reg. 7(1)(a) substituted (7.4.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 18(a)
F3 Words in reg. 7(1)(a) substituted (5.5.2003) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1050), regs. 1(1)(a), 3(5)(a) (with reg. 6)
F4 Word in reg. 7(1)(a) inserted (30.10.2008) by Social Security (Miscellaneous Amendments) (No.5) Regulations 2008 (S.I. 2008/2667), regs. 1, 3(4)(a)
F5 Words in reg. 7(1)(a) inserted (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 33(2)(a)
F6 Words in reg. 7(1)(a) substituted (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554) , regs. 1(2)(a) , 33(2)(b)
F7 Words in reg. 7(2) substituted (5.5.2003) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1050), regs. 1(1)(a), 3(5)(b) (with reg. 6)
F8 Words in reg. 7(2) inserted (18.3.2005) by The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/337), regs. 1, 2(5)(a)
F9 Reg. 7(2)(a) substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), art. 3(1)(a), Sch. 19 para. 1(b)(i) (with art. 3(1)(b), Schs. 21-23)
F10 Words in reg. 7(2)(b)(i)(ii) substituted (7.4.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 18(b)
F11 Words in reg. 7(2)(b)(i) substituted (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 33(3)(a)
F12 Reg. 7(2)(bb) inserted (19.6.2000) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/1596), regs. 1(1), 17(b)
F13 Reg. 7(2)(bb) substituted (30.10.2008) by Social Security (Miscellaneous Amendments) (No.5) Regulations 2008 (S.I. 2008/2667), regs. 1, 3(4)(b)
F14 Reg. 7(2)(bc) inserted (2.10.2006) by Social Security (Miscellaneous Amendments) (No.3) Regulations 2006 (S.I. 2006/2377), regs. 1, 3(2)
F15 Reg. 7(2)(bc) substituted (30.10.2008) by Social Security (Miscellaneous Amendments) (No.5) Regulations 2008 (S.I. 2008/2667), regs. 1, 3(4)(c)
F16 Reg. 7(2)(bd) omitted (19.5.2008) by virtue of Social Security (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/1042), regs. 1(2), 2(b)
F17 Reg. 7(2)(be) inserted (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 33(3)(b)
F18 Reg. 7(2)(c)(i) omitted (29.11.1999) by virtue of The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178) , art. 3(1)(a), Sch. 19 para. 1(b)(ii) (with art. 3(1)(b), Schs. 21-23)
F19 Reg. 7(2)(c)(ii)(iii) substituted for reg. 7(2)(c)(ii) (5.7.1999) by The Social Security and Child Support (Decisions and Appeals) Amendment (No. 2) Regulations 1999 (S.I. 1999/1623), regs. 1(1), 4
F20 Words in reg. 7(2)(c)(ii) inserted (13.7.2009) by Social Security (Miscellaneous Amendments) (No.2) Regulations 2009 (S.I. 2009/1490), regs. 1, 3(3)
F21 Reg. 7(2)(c)(iii) omitted (10.4.2006) by virtue of Social Security (Miscellaneous Amendments) (No.2) Regulations 2006 (S.I. 2006/832), regs. 1(2), 5(3)(a)(i)
F22 Reg. 7(2)(c)(iv) Reg. 7(2)(c)(v) added (10.4.2006) by Social Security (Miscellaneous Amendments) (No.2) Regulations 2006 (S.I. 2006/832), regs. 1(2), 5(3)(a)(ii)
F23 Reg. 7(2A) inserted (19.5.2008) by Social Security (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/1042), regs. 1(2), 2(c)
F24 Reg. 7(2A) omitted (30.10.2008) by virtue of Social Security (Miscellaneous Amendments) (No.5) Regulations 2008 (S.I. 2008/2667), regs. 1, 3(4)(d)
F25 Reg. 7(3) substituted (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 33(4)
F26 Reg. 7(5) substituted (19.6.2000) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/1596), regs. 1(1), 17(c)
F27 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)
F28 Word in reg. 7(5) inserted (5.5.2003) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1050), regs. 1(1)(a), 3(5)(c) (with reg. 6)
F29 Reg. 7(6A) inserted (18.3.2005) by The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/337), regs. 1, 2(5)(b)
F30 Reg. 7(7) substituted (10.4.2006) by Social Security (Miscellaneous Amendments) (No.2) Regulations 2006 (S.I. 2006/832), regs. 1(2), 5(3)(b)
F31 Words in reg. 7(7)(b)(i) added (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 33(5)(a)
F32 Words in reg. 7(7)(b)(ii)(aa) inserted (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(4), 17
F33 Words in reg. 7(7)(aa)(b)(ii) added (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 33(5)(b)
F34 Reg. 7(7A) inserted (6.4.2006) by Social Security (Deferral of Retirement Pensions, Shared Additional Pension and Graduated Retirement Benefit) (Miscellaneous Provisions) Regulations 2005 (S.I. 2005/2677), regs. 1(1), 9(5)
F35Reg. 7(8) substituted (22.10.2012) by The Jobseekers Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 6(4)(a)
F36Reg. 7(8ZA) substituted (22.10.2012) by The Jobseekers Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 6(4)(b)
F37Reg. 7(8ZB) omitted (22.10.2012) by virtue of The Jobseekers Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 6(4)(c)
F38 Reg. 7(8A) inserted (30.10.2008) by Social Security (Miscellaneous Amendments) (No.5) Regulations 2008 (S.I. 2008/2667), regs. 1, 3(4)(e)
F39 Reg. 7(9) substituted (17.2.2000) by The Social Security and Child Support (Decisions and Appeals) Amendment Regulations 2000 (S.I. 2000/119), regs. 1(1), 2
F40 Words in reg. 7(9) inserted (31.10.2011) by The Social Security (Disability Living Allowance, Attendance Allowance and Carers Allowance) (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/2426), regs. 1, 2(a)
F41 Reg. 7(9)(a) substituted (5.5.2003) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1050), regs. 1(1)(a), 3(5)(d) (with reg. 6)
F42 Words in reg. 7(9)(b) substituted (30.10.2008) by Social Security (Miscellaneous Amendments) (No.5) Regulations 2008 (S.I. 2008/2667), regs. 1, 3(4)(f)
F43 Words in reg. 7(9)(c) substituted (30.10.2008) by Social Security (Miscellaneous Amendments) (No.5) Regulations 2008 (S.I. 2008/2667), regs. 1, 3(4)(f)
F44 Reg. 7(9A) inserted (31.10.2011) by The Social Security (Disability Living Allowance, Attendance Allowance and Carers Allowance) (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/2426), regs. 1, 2(b)
F45 Reg. 7(13)(a)(iii) and preceding word substituted (7.4.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 18(d)
F46 Word in reg. 7(13)(a)(iii) substituted (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 33(6)(a)
F47 Reg. 7(13)(a)(iv) inserted (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 33(6)(b)
F48 Reg. 7(17A) inserted (7.4.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 18(e)
F49 Reg. 7(17B)(17C) inserted (7.4.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No.2) Regulations 2002 (S.I. 2002/3197), regs. 1(1)(a), 6(a)
F50 Reg. 7(17B)(17C) substituted (5.4.2004) by State Pension Credit (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/647), regs. 1, 2(a) (with reg. 4)
F51 Words in reg. 7(17B)(d)(ii) substituted (4.4.2005) by Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2327), regs. 1(1)(c), 4
F52 Reg. 7(17H) inserted (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 33(7)
F53 Reg. 7(23) substituted (7.4.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No.2) Regulations 2002 (S.I. 2002/3197), regs. 1(1)(a), 6(b)
F54 Word in reg. 7(23) inserted (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 33(8)(a)
F55 Word in reg. 7(23) omitted (5.4.2004) by virtue of State Pension Credit (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/647), regs. 1, 2(b) (with reg. 4)
F56 Words in reg. 7(23) inserted (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 33(8)(b)
F57 Words in reg. 7(23)(a) substituted (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 33(8)(c)
F58 Reg. 7(25)(26) added (3.4.2000) by The Social Security (Work-focused Interviews) Regulations 2000 (S.I. 2000/897), reg. 1, Sch. 6 para. 5 (with reg. 2(5))
F59 Reg. 7(25) substituted (12.4.2004) by The Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003 (S.I. 2003/1886), regs. 1, 15(5)
F60 Words in reg. 7(25)(b) substituted (26.4.2004) by Social Security (Working Neighbourhoods) Regulations 2004 (S.I. 2004/959), regs. 1, 24(4)(a)
F61 Words in reg. 7(25)(b)(i) substituted (26.4.2004) by Social Security (Working Neighbourhoods) Regulations 2004 (S.I. 2004/959), regs. 1, 24(4)(b)
F62 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)
F63 Reg. 7(28) added (1.4.2002) by Social Security (Loss of Benefit) (Consequential Amendments) Regulations 2002 (S.I. 2002/490), regs. 1(1), 8(c)
F64 Words in reg. 7(28) inserted (1.4.2010) by The Social Security (Loss of Benefit) Amendment Regulations 2010 (S.I. 2010/1160), regs. 1, 3(4)
F65 Reg. 7(29) inserted (7.4.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 18(f)
F66 Words in reg. 7(29) substituted (6.10.2003) by State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 5(3)(a)
F67 Reg. 7(29A)-(29C) added (6.10.2003) by State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 5(3)(b)
F68 Reg. 7(30)-(33) added (5.5.2003) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1050), regs. 1(1)(a), 3(5)(e) (with reg. 6)
F69 Reg. 7(30A) inserted (6.4.2010) by Social Security (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/510), regs. 1(2), 4(2)
F70 Words in reg. 7(31) omitted (30.10.2008) by virtue of Social Security (Miscellaneous Amendments) (No.5) Regulations 2008 (S.I. 2008/2667), regs. 1, 3(4)(g)
F71 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)
F72 Words in reg. 7(33) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 104(b)(ii)
F73 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)
F74 Reg. 7(34) added (18.3.2005) by The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/337), regs. 1, 2(5)(d)
F75Reg. 7(35) omitted (3.12.2012) by virtue of The Employment and Support Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2756), regs. 1(1), 8(2) (with reg. 1(2))
F76Reg. 7(36) substituted (3.12.2012) by The Employment and Support Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2756), regs. 1(1), 8(3) (with reg. 1(2))
F77 Reg. 7(38) substituted (28.6.2010) by Social Security (Miscellaneous Amendments) (No.3) Regulations 2010 (S.I. 2010/840), regs. 1, 7(4)(a)
F78 Reg. 7(40) added (28.6.2010) by Social Security (Miscellaneous Amendments) (No.3) Regulations 2010 (S.I. 2010/840), regs. 1, 7(4)(b)
F79Reg. 7(41)(42) added (28.4.2014) by The Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations 2014 (S.I. 2014/1097), regs. 1(1), 12(5)
Marginal Citations
M1 S.I. 1995/311; relevant amending instruments are S.I. 1995/987, S.I. 1996/3207 and S.I. 1997/1009.
M2 Schedule 9A was inserted by S.I. 1992/1026.
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