Textual Amendments
F1Sch. 3C inserted (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 43
8. Where—E+W+S
(a)the Secretary of State supersedes a decision made by an appeal tribunal or a Commissioner on the grounds specified in regulation 6(2)(c)(i) (ignorance of, or mistake as to, a material fact);
(b)the decision to be superseded was more advantageous to the claimant because of the ignorance or mistake than it would otherwise have been; and
(c)the material fact—
(i)does not relate to the limited capability for work determination embodied in or necessary to the decision; or
(ii)relates to a limited capability for work determination embodied in or necessary to the decision and the Secretary of State is satisfied that at the time the decision was made the claimant or payee, as the case may be, knew or could reasonably have been expected to know of it and that it was relevant,
the superseding decision shall take effect from the first day of the benefit week in which the decision of the appeal tribunal or the Commissioner took effect or was to take effect.
9. Where an amount of an employment and support allowance payable under an award is changed by a superseding decision specified in paragraph 10 the superseding decision shall take effect from the day specified in paragraph 1 for a change of circumstances.E+W+S
10. The following are superseding decisions for the purposes of paragraph 9—E+W+S
(a)a decision which supersedes a decision specified in regulation 6(2)(b) and (d) to (ee); and
(b)a superseding decision which would, but for paragraph 9, take effect from a date specified in regulation 7(6), (7), (12), (13), (17D) to (17F), and (33).]