Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

4.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations 1999 M1 are amended as follows.

(2) In regulation 7 (date from which a decision superseded under section 10 takes effect), after paragraph (30) M2 insert—

“(30A) Where a decision is superseded in accordance with regulation 6(2)(a)(ii) and the relevant change of circumstances is the coming into force of a change in the legislation in relation to a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.”.

(3) In regulation 8(3) (effective date for late notifications of change of circumstances), for sub-paragraph (b) substitute—

“(b) be made—

(i) within 13 months of the date the change occurred; or

(ii) in the case of an application for the purposes of regulation 7(9)(b), within 13 months of the date on which the claimant satisfied the conditions of entitlement to the particular rate of benefit.”.

(4) In Schedule 3B M3 (date on which change of circumstances takes effect where claimant entitled to state pension credit)—

(a) in paragraph 7 for “Where” substitute “ Subject to paragraphs 9 and 10, where ”; and

(b) after paragraph 8 add—

“9.   Where state pension credit is paid in arrears and the relevant change of circumstances results in the award of that benefit being terminated, the superseding decision shall take effect on the first day of the benefit week next following the benefit week in which that change occurs or is expected to occur.

10.   Where state pension credit is paid in advance and the relevant change of circumstances is the death of the claimant, the superseding decision shall take effect on the first day of the benefit week next following the date of death.

11.   In this Schedule, “benefit week” means—

(a) where state pension credit is paid in advance, the period of 7 days beginning on the day on which, in the claimant's case, that benefit is payable;

(b) where state pension credit is paid in arrears, the period of 7 days ending on the day on which, in the claimant's case, that benefit is payable.”.

Marginal Citations

M1 S.I. 1999/991.

M2 Regulation 7(30) was inserted by S.I. 2003/1050.

M3 Schedule 3B was inserted by S.I. 2002/3019 and paragraphs 7 and 8 were added by S.I. 2006/832.