16.—(1) A decision awarding a jobseeker's allowance may be revised in any of the following circumstances.
(2) The first circumstance is where—
(a)the Secretary of State makes a conversion decision (within the meaning of regulation 5(2)(b) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (deciding whether an existing award qualifies for conversion)) M1 in respect of a person;
(b)the person appeals against that decision;
(c)before or after the appeal is made, there is a decision to award a jobseeker's allowance as the result of a claim being made by that person; and
(d)the appeal in relation to the conversion decision referred to in sub-paragraph (a) is successful.
(3) The second circumstance is where—
(a)a person's entitlement to an employment and support allowance is terminated because of a decision which embodies a determination that the person does not have limited capability for work;
(b)the person appeals against that decision;
(c)before or after the appeal is made, there is a decision to award a jobseeker's allowance as the result of a claim being made by that person; and
(d)the appeal in relation to the termination decision referred to in sub-paragraph (a) is successful.
Marginal Citations