PART 3 Miscellaneous Amendments

12 Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
1 The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended as follows.
S.I. 1999/991 to which there are amendments not relevant to these Regulations.
2 In regulation 1(3) (citation, commencement, application and interpretation) in the appropriate place insert the following definition—

““Income Support Work-Related Activity Regulations” means the Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations 2014;”

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3 After regulation 3(7CC) (revision of decisions) insert—

“7CD A decision of the Secretary of State under section 10 of the Act made in consequence of a determination under regulation 6(2) of the Income Support Work-Related Activity Regulations that a claimant has failed to satisfy a requirement of regulation 2 of those Regulations (requirement to undertake work-related activity) may be revised at any time if it contained an error to which the claimant did not materially contribute.”

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4 After regulation 6(2)(s) (supersession of decisions) insert—

“(t) is a decision awarding income support where there has been a determination by the Secretary of State under regulation 6(2) of the Income Support Work-Related Activity Regulations that a person has failed to undertake work-related activity;
(u) is a decision made in consequence of a determination by the Secretary of State that a person has failed to undertake work-related activity where a reduction under regulation 8(1) of the Income Support Work-Related Activity Regulations ceases to have effect by virtue of regulation 9 of those Regulations.”

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5 After regulation 7(40) (date from which a decision superseded under section 10 takes effect) add—

“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.”

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