The Social Security and Child Support (Decisions and Appeals) Regulations 1999

Appeal against a decision which has been [F1[F2replaced or]] revisedE+W+S

30.—(1) [F3An appeal against a decision of the Secretary of State F4... [F5or the Board or an officer of the Board] shall not lapse where the decision [F6is treated as replaced by a decision under section 11 of the Child Support Act by section 28F(5) of that Act, or is revised under section 16 of that Act] or section 9 before the appeal is determined and the decision as [F7replaced or] revised is not more advantageous to the appellant than the decision before it was [F8replaced or] revised.]

[F3An appeal against a decision of the Secretary of State or the Board or an officer of the Board shall not lapse where—

(a)the decision is revised under section 9 before the appeal is determined; and

(b)the decision as revised is not more advantageous to the appellant than the decision before it was revised.]

(2) Decisions which are more advantageous for the purposes of this regulation include decisions where—

(a)any relevant benefit paid to the appellant is greater or is awarded for a longer period in consequence of the decision made under section 9;

(b)it would have resulted in the amount of relevant benefit in payment being greater but for the operation of any provision of the Administration Act or the Contributions and Benefits Act restricting or suspending the payment of, or disqualifying a claimant from receiving, some or all of the benefit;

(c)as a result of the decision, a denial or disqualification for the receiving of any relevant benefit, is lifted, wholly or in part;

(d)it reverses a decision to pay benefit to a third party;

[F9(dd)it reverses a decision under section 29(2) that an accident is not an industrial accident;]

(e) in consequence of the revised decision, benefit paid is not recoverable under section 71, 71A or 74 of the Administration Act M1 or regulations made under any of those sections, or the amount so recoverable is reduced; or

(f)a financial gain accrued or will accrue to the appellant in consequence of the decision.

(3) [F10Where a decision as [F11replaced under section 28F(5) of the Child Support Act or revised under section 16 of that Act] or under section 9 is not more advantageous to the appellant than the decision before it was [F12replaced or] revised, the appeal shall be treated as though it had been brought against the decision as [F13replaced or] revised.]

[F10Where a decision as revised under section 9 is not more advantageous to the appellant than the decision before it was revised, the appeal shall be treated as though it had been brought against the decision as revised.]

(4) The appellant shall have a period of one month from the date of notification of the decision as [F14[F15replaced or]] revised to make further representations as to the appeal.

(5) After the expiration of the period specified in paragraph (4), or within that period if the appellant consents in writing, the appeal to the [F16First-tier Tribunal] shall proceed except where, in the light of the further representations from the appellant, the Secretary of State F17... [F18or the Board or an officer of the Board] further revises his[F19, or revise their,] decision and that decision is more advantageous to the appellant than the decision before it was [F14[F20replaced or]] revised.