The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2010

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

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

(2) In regulation 3 (revision of decisions) before paragraph (6) insert—

“(5E) A decision under section 8 or 10 awarding an employment and support allowance may be revised if—

(a)the decision of the Secretary of State awarding an employment and support allowance was made on the basis that the claimant had made and was pursuing an appeal against a decision of the Secretary of State that the claimant did not have limited capability for work (“the original decision”); and

(b)the appeal to the First-tier Tribunal in relation to the original decision is successful.

(5F) A decision under section 8 or 10 awarding an employment and support allowance may be revised if—

(a)the person’s current period of limited capability for work is treated as a continuation of another such period under regulation 145(1) and (2) of the Employment and Support Allowance Regulations; and

(b)regulation 7(1)(b) of those Regulations applies.”.

(3) In regulation 6 (supersession of decisions) for paragraph (2)(r) substitute—

“(r)is an employment and support allowance decision where, since the decision was made, the Secretary of State has—

(i)received medical evidence from a health care professional approved by the Secretary of State, or

(ii)made a determination that the claimant is to be treated as having limited capability for work in accordance with regulation 20, 25, 26 or 33(2) of the Employment and Support Allowance Regulations.”.

(4) In regulation 7 (date from which a decision superseded under section 10 takes effect)—

(a)for paragraph (38) substitute—

“(38) A decision made in accordance with regulation 6(2)(r) that embodies a determination that the claimant has—

(a)limited capability for work; or

(b)limited capability for work-related activity; or

(c)limited capability for work and limited capability for work-related activity

which is the first such determination shall take effect from the beginning of the 14th week of entitlement.”; and

(b)after paragraph (39) add—

“(40) A decision made in accordance with regulation 6(2)(r) that embodies a determination that the claimant has—

(a)limited capability for work; or

(b)limited capability for work-related activity; or

(c)limited capability for work and limited capability for work-related activity

where regulation 5 of the Employment and Support Allowance Regulations (assessment phase – previous claimants) applies shall take effect from the beginning of the 14th week of the person’s continuous period of limited capability for work.”.

(5) In regulation 7A(1) (definitions for the purposes of Chapters I and II) after “6(2)(g)” insert “, 6(2)(r)”.

(6) In regulation 17(5) (provision of information or evidence) for “(e)” substitute “(f)”.