Amendment of the Housing Benefit and Council Tax Benefit RegulationsE+W+S
4.—(1) In regulation 7 of the Housing Benefit and Council Tax Benefit Regulations (decisions superseding earlier decisions)—
(a)in paragraph (2)(a)(i) after “a change of circumstances” there shall be inserted “ since the decision had effect ”;
(b)for paragraph (2)(d) there shall be substituted—
“(d)of an appeal tribunal or of a Commissioner—
(i)that was made in ignorance of, or was based upon a mistake as to, some material fact; or
(ii)that was made in accordance with paragraph 17(4)(b) of Schedule 7 to the Act, in a case where paragraph 17(5) of that Schedule to the Act applies;”.
(2) In regulation 8 of the Housing Benefit and Council Tax Benefit Regulations (date from which a decision superseding an earlier decision takes effect), after paragraph (9) there shall be added—
“(10) Where the decision is superseded in accordance with regulation 7(2)(a)(i) and the relevant circumstances are that there has been a change in the legislation in relation to housing benefit or council tax benefit, the superseding decision shall take effect from the date on which that change in the legislation had effect.
(11) Where a superseding decision is made in a case to which regulation 7(2)(d)(ii) applies the superseding decision shall take effect from the date on which the appeal tribunal or the Commissioner’s decision would have taken effect had it been decided in accordance with the determination of the Commissioner or the court in the appeal referred to in paragraph 17(1)(b) of Schedule 7 to the Act.”.