1999 No. 991

SOCIAL SECURITY

FAMILY LAWChild Support

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

Made26th March 1999

Coming into force in accordance with regulation 1(2)

M1 Whereas a draft of this Instrument was laid before Parliament in accordance with section 80(1) of the Social Security Act 1998 and approved by resolution of each House of Parliament;

Now, therefore, the Secretary of State for Social Security, in exercise of powers set out in Schedule 1 to this Instrument and of all other powers enabling him in that behalf, with the concurrence of the Lord Chancellor in so far as the Regulations are made under section 6(3) of the Social Security Act 1998, by this Instrument, which contains only regulations made by virtue of, or consequential upon, those provisions of the Social Security Act 1998 and which is made before the end of the period of six months beginning with the coming into force of those provisionsM2, after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992M3, hereby makes the following Regulations:C47 C48

Annotations:

Modifications etc. (not altering text)

C47

Instrument applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16(2)(e)(iii)(3) (with reg. 3)

C48

Marginal Citations

1998 c.14 .

See section 173(5)(b) of the Social Security Administration Act 1992 (c.5).

1992 c.53 .

PART I GENERAL

Citation, commencementF734, application and interpretation1

1

These Regulations may be cited as the Social Security and Child Support (Decisions and Appeals) Regulations 1999.

2

These Regulations shall come into force—

a

in so far as they relate to child support and for the purposes of this regulation and regulation 2 on 1st June 1999;

b

in so far as they relate to—

i

industrial injuries benefit, guardian’s allowance and child benefit; and

ii

a decision made under the Pension Schemes Act 1993 M4 by virtue of section 170(2) of that Act;

on 5th July 1999;

c

in so far as they relate to retirement pension, widow’s benefit, incapacity benefit, severe disablement allowance and maternity allowance, on 6th September 1999;

d

in so far as they relate to ~~F19family credit and disability working allowance~~ ~~F19working families' tax credit and disabled person’s tax credit~~, on 5th October 1999;

e

in so far as they relate to attendance allowance, disability living allowance, invalid care allowance, jobseeker’s allowance, credits of contributions or earnings, home responsibilities protection and vaccine damage payments, on 18th October 1999; and

f

for all remaining purposes, on 29th November 1999.

F7352A

In so far as these Regulations relate to—

a

an employment and support allowance payable under the Welfare Reform Act, they apply only in so far as the Act has effect apart from the amendments made by Schedule 3 and Part 1 of Schedule 14 to the Welfare Reform Act 2012 (“ the 2012 Act ”) (removing references to an income-related allowance);

b

a jobseeker's allowance payable under the Jobseekers Act 1995, they apply only in so far as the Act has effect apart from the amendments made by Part 1 of Schedule 14 to the 2012 Act (removing references to an income-based allowance).

2B

These Regulations do not apply to universal credit (within the meaning of Part 1 of the Welfare Reform Act 2012) or personal independence payment (within the meaning of Part 4 of that Act).

C4 C3 C6 C73

In these Regulations, unless the context otherwise requires—

“the Act” means the Social Security Act 1998;
“the 1997 Act” means the Social Security (Recovery of Benefits) Act 1997 M5;
~~F703F194“the Arrears, Interest and Adjustment of Maintenance Assessments Regulations" means the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992;~~
F229“assessed income period” is to be construed in accordance with sections 6 and 9 of the State Pension Credit Act;
“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 M6;
“appeal” means an appeal to ~~F471an appeal tribunal~~ ~~F471the First-tier Tribunal~~;
F5“the Board” means the Commissioners of Inland Revenue;
“claimant” means—
1. a
  any person who is a claimant for the purposes of section 191 of the Administration Act F230section 35(1) of the Jobseekers ActF392, section 17(1) of the State Pension Credit Act or section 24(1) of the Welfare Reform Act or any other person from whom benefit is alleged to be recoverable; and
2. b
  any person subject to a decision of F6an officer of the Board under the Pension Schemes Act 1993 M7;
~~F475“clerk to the appeal tribunal” means a clerk assigned to the appeal tribunal in accordance with regulation 37;~~
F646...
F393“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;
F757F752 “couple” means—
1. a
  two people who are married to, or civil partners of, each other and are members of the same household; or
2. b
  two people who are not married to, or civil partners of, each other but are living together as a married couple;
“the date of notification” means—
1. a
  the date that notification of a decision of the Secretary of State F20or an officer of the Board is treated as having been given or sent in accordance with regulation 2(b); F613...
2. b
  in the case of a social fund payment arising in accordance with regulations made under section 138(2) of the Contributions and Benefits Act—
  1. i
    the date seven days after the date on which the Secretary of State makes his decision to make a payment to a person to meet expenses for heating;
  2. ii
    where a person collects the instrument of payment at a post office, the date the instrument is collected;
  3. iii
    where an instrument of payment is sent to a post office for collection but is not collected and a replacement instrument is issued, the date on which the replacement instrument is issued; or
  4. iv
    where a person questions his failure to be awarded a payment for expenses for heating, the date on which the notification of the Secretary of State’s decision given in response to that question is issuedF614; or
3. c
  where notification of a decision of the Secretary of State is sent by means of an electronic communication (within the meaning given in section 15(1) of the Electronic Communications Act 2000), the date on which the notification is sent.
F358“ the Deferral of Retirement Pensions etc. Regulations ” means the Social Security (Deferral of Retirement Pensions, Shared Additional Pension and Graduated Retirement Benefit) (Miscellaneous Provisions) Regulations 2005;
~~F184F93“designated authority" has the meaning it has in regulation 2(1) of the Work-focused Interviews Regulations;~~
~~F184“designated authority” means—~~
1. a
  ~~the Secretary of State;~~
2. b
  ~~a person providing services to the Secretary of State;~~
3. c
  ~~a local authority;~~
4. d
  ~~a person providing services to, or authorised to exercise any functions of, any such authority;~~
F394“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;
F612“failure determination” means a determination by the Secretary of State under regulation 61(2) of the Employment and Support Allowance Regulations or regulation 8(2) of the Employment and Support Allowance (Work-Related Activity) Regulations 2011 that a claimant has failed to satisfy a requirement of regulation 54 of the Employment and Support Allowance Regulations (requirement to take part in a work-focused interview) or regulation 3 of the Employment and Support Allowance (Work-Related Activity) Regulations 2011 (requirement to undertake work-related activity).
F102“family" has the same meaning as in section 137 of the Contributions and Benefits Act;
F476...
F359“the Graduated Retirement Benefit Regulations” means the Social Security (Graduated Retirement Benefit) Regulations 2005;
F395“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 M8;
F753“Income Support Work-Related Activity Regulations” means the Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations 2014;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 M9;
F119“a joint-claim couple” has the same meaning as in section 1(4) of the Jobseekers Act 1995;
F120“a joint-claim jobseeker’s allowance” has the same meaning as in section 1(4) of the Jobseekers Act 1995;
~~F477“legally qualified panel member” means a panel member who satisfies the requirements of paragraph 1 of Schedule 3;~~
F396“limited capability for work” has the same meaning as in section 1(4) of the Welfare Reform Act
~~F703F195“the Maintenance Calculation Procedure Regulations" means the Child Support (Maintenance Calculation Procedure) Regulations 2000;~~
~~F703“the Maintenance Calculations and Special Cases Regulations" means the Child Support (Maintenance Calculations and Special Cases) Regulations 2000;~~
F586...
~~F478“medically qualified panel member” means a panel member who satisfies the requirements of paragraph 2 of Schedule 3;~~
F278...
F141“official error” means an error made by—
1. a
  an officer of the Department for Work and Pensions F647 ... or the Board acting as such which no person outside the Department F647 ... or the Inland Revenue caused or to which no person outside the Department F647 ... or the Inland Revenue materially contributed;
2. b
  a person employed by a designated authority acting on behalf of the authority, which no person outside that authority caused or to which no person outside that authority materially contributed,
but excludes any error of law which is shown to have been an error by virtue of a subsequent decision of F472the Upper Tribunal or the court;
F246“out of jurisdiction appeal” means an appeal brought against a decision which is specified in—
1. a
  Schedule 2 to the Act or a decision prescribed in regulation 27 (decision against which no appeal lies); or
1. b
  paragraph 6(2) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 (appeal to appeal tribunal) or a decision prescribed in regulation 16 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (decision against which no appeal lies) ;
F479...
~~F480“panel” means the panel constituted under section 6;~~
~~F481“panel member” means a person appointed to the panel;~~
~~F482“panel member with a disability qualification” means a panel member who satisfies the requirements of paragraph 5 of Schedule 3;~~
F142“partner” means—
1. a
  where a person is a member of F352a couple, the other member of that couple; or
2. b
  where a person is polygamously married to two or more members of his household, any such member;
“party to the proceedings” means the Secretary of State F648... F21or, as the case may be, the Board or an officer of the Board, and any other person—
1. a
  who is one of the principal parties for the purposes of sections 13 and 14;
2. b
  who has a right of appeal to ~~F473an appeal tribunal~~ ~~F473the First-tier Tribunal~~ under section 11(2) of the 1997 Act M10, section 20 of the Child Support Act F196... F266, section 2B(6) of the Administration Act or section 12(2);
~~F483“President” means the President of appeal tribunals appointed under section 5;~~
“referral” means a referral of an application for a F197variation to ~~F474an appeal tribunalF474the First-tier Tribunal~~ under section 28D(1)(b) of the Child Support Act M11.
~~F703F616“relevant other child” is to be interpreted by reference to paragraph 10C(2) of Schedule 1 to the Child Support Act;~~
F448“the Lump Sum Payments Regulations” means the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008;
~~F703F198except where otherwise provided “relevant person" means—~~
1. a
  ~~a person with care;~~
2. b
  ~~a non-resident parent;~~
3. c
  ~~a parent who is treated as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations;~~
4. d
  ~~a child, where the application for a maintenance calculation is made by that child under section 7 of the Child Support Act,~~
~~in respect of whom a maintenance calculation has been applied for~~ F451~~... or is or has been in force;~~
F103“relevant credit" means a credit of contributions or earnings resulting from a decision in accordance with regulations made under section 22(5) of the Contributions and Benefits Act;
F231“state pension credit” means the benefit payable under the State Pension Credit Act ;
“State Pension Credit Act” means the State Pension Credit Act 2002;
“State Pension Credit Regulations” means the State Pension Credit Regulations 2002;
F22“tax credit” means working families' tax credit or disabled person’s tax credit, construing those terms in accordance with section 1(1) of the Tax Credits Act 1999;
F8“the Transfer Act" means the Social Security Contributions (Transfer of Functions, etc. ) Act 1999;
~~F703F199“the Variations Regulations" means the Child Support (Variations) Regulations 2000.~~
F397“the Welfare Reform Act” means the Welfare Reform Act 2007;
F270“work-focused interview” means an interview in which a person is required to take part in accordance with regulations made under section 2A or 2AA of the Administration Act;
~~F185“the Work-focused Interviews Regulations" means the Social Security (Work-focused Interviews) Regulations 2000;~~

F73A

In these Regulations as they relate to any decision made under the Pension Schemes Act 1993 by virtue of section 170(2) of that Act, any reference to the Secretary of State is to be construed as if it were a reference to an officer of the Board.

4

In these Regulations, unless the context otherwise requires, a reference—

a

to a numbered section is to the section of the Act bearing that number;

b

to a numbered Part is to the Part of these Regulations bearing that number;

c

to a numbered regulation or Schedule is to the regulation in, or Schedule to, these Regulations bearing that number;

d

in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;

e

in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

Service of notices or documents2

Where, by any provision of the Act F200, of the Child Support Act or of these Regulations—

a

any notice or other document is required to be given or sent F484... to an officer authorised by the Secretary of State F23or to an officer of the Board, that notice or document shall be treated as having been so given or sent on the day that it is received F485... by an officer authorised by the Secretary of State F24or by an officer of the Board, as the case may be, and

C1 b

any notice (including notification of a decision of the Secretary of State) or other document is required to be given or sent to any person other than F486... ~~F25to an officer~~ F486~~...~~ ~~F25an officer~~ authorised by the Secretary of State F26or an officer of the Board, as the case may be, that notice or document shall, if sent by post to that person’s last known address, be treated as having been given or sent on the day that it was posted.

PART IIF225REVISIONS, SUPERSESSIONS AND OTHER MATTERS SOCIAL SECURITY F187AND CHILD SUPPORT

Annotations:

Amendments (Textual)

F225

Pts. II III IV revoked (7.4.2003 for specified purposes and with effect in accordance with reg. 1(2)) by The Child Benefit and Guardian s Allowance (Decisions and Appeals) Regulations 2003 (S.I. 2003/916) , regs. 1(1) , 34(a) (with reg. 35 )

F187

~~F32F379except in a case to which sub-paragraph (c) or (d) applies,~~ where the decision was made in ignorance of, or was based upon a mistake as to, some material fact and as a result of that ignorance of or mistake as to that fact, the decision was more advantageous to the claimant than it would otherwise have been but for that ignorance or mistake,

F32which was made in ignorance of, or was based on a mistake as to, some material fact,

F11c

F380subject to sub-paragraph (d), where the decision is a disability benefit decision, or is an incapacity benefit decision where there has been an incapacity determination F398or is an employment and support allowance decision where there has been a limited capability for work determination (whether before or after the decision), which was made in ignorance or, or was based upon a mistake as to, some material fact in relation to a disability determination embodied in or necessary to the disability benefit decisionF399, the incapacity determination or the limited capability for work determination, and

i

as a result of that ignorance of or mistake as to that fact the decision was more advantageous to the claimant than it would otherwise have been but for that ignorance or mistake and,

ii

the Secretary of State is satisfied that at the time the decision was made the claimant or payee knew or could reasonably have been expected at the time the decision was made to know of the fact in question and that it was relevant to the decision,

F381d

b

decision A is superseded or the claimant makes a further claim which is decided (“decision B”) after the claimant made the appeal but before the appeal results in a decision by F488the First-tier Tribunal (“decision C”); and

c

the Secretary of State or the Board or an officer of the Board, as the case may be, would have made decision B differently if he or they had been aware of decision C at the time he or they made decision B,

income support, or

ii

jobseeker’s allowance; and

d

the decision referred to in sub-paragraph (a) is successfully appealed,

the decision to award income support or jobseeker’s allowance may be revised.

5H

Where—

a

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) is made in respect of a person;

b

the person appeals that decision to the First-tier Tribunal;

c

before or after that decision is appealed by the person, that person claims and there is a decision to award–

i

income support, or

ii

jobseeker’s allowance; and

d

the decision referred to in sub-paragraph (a) is successfully appealed,

the decision to award income support or jobseeker’s allowance may be revised.

F6355I

Where—

a

a decision to terminate a person’s entitlement to a contributory employment and support allowance is made because of section 1A of the Welfare Reform Act (duration of contributory allowance); and

b

it is subsequently determined, in relation to the period of entitlement before that decision, that the person had or is treated as having had limited capability for work-related activity,

the decision to terminate that entitlement may be revised.

F6946

A decision of the Secretary of State under section 8 or 10 that a jobseeker’s allowance is reduced in accordance with section 19 or 19A of the Jobseeker’s Act or regulation 69B of the Jobseeker’s Allowance Regulations may be revised at anytime by the Secretary of State.

F946A

A relevant decision within the meaning of section 2B(2) F267or (2A) of the Administration Act may be revised at any time if it contains an error.

F6996B

A decision of the Secretary of State under section 8 or 10 awarding a jobseeker’s allowance may be revised where the Secretary of State makes a decision under regulation 69B (the period of a reduction under section 19B: claimants ceasing to be available for employment etc. ) of the Jobseeker’s Allowance Regulations (“the JSA Regulations ”) that the amount of the award is to be reduced in accordance with regulations 69B and 70 of the JSA Regulations .

F1287

Where—

a

the Secretary of State or an officer of the Board makes a decision under section 8 or 10 awarding a relevant benefit to a claimant (“the original award”); and

b

an award of another relevant benefit or of an increase in the rate of another relevant benefit is made to the claimant or a member of his family for a period which includes the date on which the original award took effect,

the Secretary of State or an officer of the Board, as the case may require, may revise the original award.

F3107ZA

Where—

a

the Secretary of State makes a decision under section 8 or 10 awarding income supportF406, F579income-based jobseeker’s allowance, state pension credit or an income-related employment and support allowance to a claimant (“the original award”);

b

the claimant has a non-dependant within the meaning of regulation 3 of the Income Support RegulationsF580, regulation 2 of the Jobseeker’s Allowance RegulationsF407or regulation 71 of the Employment and Support Allowance Regulations or a person residing with him within the meaning of paragraph 1(1)(a)(ii), (b)(ii) or (c)(iii) of Schedule I to the State Pension Credit Regulations (“the non-dependant”);

c

but for the non-dependant—

i

a severe disability premium would be applicable to the claimant under regulation 17(1)(d) of the Income Support RegulationsF581, regulation 83(e) or 86A(c) of the Jobseeker’s Allowance RegulationsF408or regulation 67 of the Employment and Support Allowance Regulations ; or

ii

an additional amount would be applicable to the claimant as a severe disabled person under regulation 6(4) of the State Pension Credit Regulations; and

d

after the original award the non-dependant is awarded benefit which—

i

is for a period which includes the date on which the original award took effect; and

ii

is such that a severe disability premium becomes applicable to the claimant under paragraph 13(3)(a) of Schedule 2 to the Income Support RegulationsF582, paragraph 15(4)(a) or 20I(3)(a) of Schedule 1 to the Jobseeker’s Allowance RegulationsF409, paragraph 6(4)(a) of Schedule 4 to the Employment and Support Allowance Regulations or an additional amount for severe disability becomes applicable to him under paragraph 2(2)(a) of Schedule I to the State Pension Credit Regulations,

the Secretary of State may revise the original award.

F1467A

Where a decision as to a claimant’s entitlement to a disablement pension under section 103 of the Contributions and Benefits Act is revised by the Secretary of State, or changed on appeal, a decision of the Secretary of State as to the claimant’s entitlement to reduced earnings allowance under paragraph 11 or 12 of Schedule 7 to that Act may be revised at any time provided that the revised decision is more advantageous to the claimant than the original decision.

F3117B

A decision under regulation 22A of the Income Support Regulations (reduction in applicable amount where the claimant is appealing against a decision which embodies a determination that he is not incapable of work) may be revised if the appeal is successful F364or lapses.

7C

Where a person’s entitlement to income support is terminated because of a determination that he is not incapable of work and F365the decision which embodies that determination is revised or he subsequently appeals the decision F366which embodies that determination and is entitled to income support under regulation 22A of the Income Support Regulations, the decision to terminate entitlement may be revised.

F5837CC

Where—

a

a person’s entitlement to income support is terminated because of a determination that the person is not incapable of work;

b

the person subsequently claims and is awarded jobseeker’s allowance; and

c

the decision which embodies the determination that the person is not incapable of work is revised or successfully appealed,

the Secretary of State may revise the decisions to terminate income support entitlement and to award jobseeker’s allowance.

F7547CD

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.

F3607D

Where—

a

a person elects for an increase of—

a shared additional pension;

c

graduated retirement benefit.

F3677F

A decision under regulation 17(1)(d) of the Income Support Regulations that a person is no longer entitled to a disability premium because of a determination that he is not incapable of work may be revised where the decision which embodies that determination is revised or his appeal against the decision is successful.

8

A decision of the Secretary of State F28or the Board or an officer of the Board which is specified in Schedule 2 to the Act or is prescribed in regulation 27 (decisions against which no appeal lies) may be revised at any time.

F1248A

F587. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5928B

Where—

a

a restriction is imposed on a person under section 6B, 7, 8 or 9 of the Social Security Fraud Act 2001 (loss of benefit provisions) as result of the person—

i

being convicted of an offence by a court; or

ii

agreeing to pay a penalty as an alternative to prosecution under section 115A of the Administration Act or section 109A of the Social Security Administration (Northern Ireland) Act 1992, and

b

that conviction is quashed or set aside by that or any other court, or the person withdraws his agreement to pay a penalty,

a decision of the Secretary of State made under section 8(1)(a) or made under section 10 in accordance with regulation 6(2)(j) or (k) may be revised at any time.

F4568C

A decision made under section 8 or 10 (“the original decision”) may be revised at any time—

a

where, on or after the date of the original decision—

i

a late paid contribution is treated as paid under regulation 5 of the Social Security (Crediting and Treatment of Contributions and National Insurance Numbers) Regulations 2001 (treatment of late paid contributions where no consent, connivance or negligence by the primary contributor) on a date which falls on or before the date on which the original decision was made;

ii

a direction is given under regulation 6 of those Regulations (treatment of contributions paid late through ignorance or error) that a late contribution shall be treated as paid on a date which falls on or before the date on which the original decision was made; or

iii

an unpaid contribution is treated as paid under regulation 60 of the Social Security (Contributions) Regulations 2001 (treatment of unpaid contributions where no consent, connivance or negligence by the primary contributor) on a date which falls on or before the date on which the original decision was made; and

b

where any of paragraphs (i), (ii) or (iii) apply, either an award of benefit would have been made or the amount of benefit awarded would have been different.

F5698D

A decision made under section 8 or 10 may be revised at any time where, by virtue of regulation 6C (treatment of Class 3 contributions paid under section 13A of the Act) of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001, a contribution is treated as paid on a date which falls on or before the date on which the decision was made.

F819

Paragraph (1) shall not apply in respect of—

a

a relevant change of circumstances which occurred since the decision F247had effectF312or, in the case of an advance award under regulation 13, 13A or 13C of the Claims and Payments Regulations, since the decision was made, or where the Secretary of State has evidence or information which indicates that a relevant change of circumstances will occur; F410...

b

a decision which relates to an attendance allowance or a disability living allowance where the person is terminally ill, within the meaning of section 66(2)(a) of the Contributions and Benefit Act, unless an application for revision which contains an express statement that the person is terminally ill is made either by—

i

the person himself; or

ii

any other person purporting to act on his behalf whether or not that other person is acting with his knowledge or authority,

but where such an application is received a decision may be so revised notwithstanding that no claim under section 66(1) or, as the case may be, 72(5) or 73(12) of that Act has been made;F411nor

c

a decision which relates to an employment and support allowance where the claimant is terminally ill, within the meaning of regulation 2(1) of the Employment and Support Allowance Regulations unless the claimant makes an application which contains an express statement that he is terminally ill and where such an application is made, the decision may be revised.

10

The Secretary of State F34or the Board may treat an application for a supersession as an application for a revision.

11

In this regulation and regulation 7, “appropriate office” means

a

the office of the F147Department for Work and Pensions the address of which is indicated on the notification of the original decision; or

b

in the case of a person who has claimed jobseeker’s allowance, the office specified by the Secretary of State in accordance with regulation 23 of the Jobseeker’s Allowance RegulationsF10; or

c

in the case of a contributions decision which falls within Part II of Schedule 3 to the Act , any National Insurance Contributions office of the Board or any office of the F148 Department for Work and Pensions ; or

d

in the case of a decision made under the Pension Schemes Act 1993 by virtue of section 170(2) of that Act, any National Insurance Contributions office of the BoardF35; or

e

in the case of a person who has claimed working families' tax credit or disabled person’s tax credit, a Tax Credits Office, the address of which is indicated on the notification of the original decision; F95or

F186f

in the case of a person who is, or would be, required to take part in a work-focused interview, an office of the Department for Work and Pensions which is designated by the Secretary of State as a Jobcentre Plus Office or an office of a designated authority which displays the ONE logo.

F736Consideration of revision before appeal3ZA

1

This regulation applies in a case where—

a

the Secretary of State gives a person written notice of a decision under section 8 or 10 of the Act (whether as originally made or as revised under section 9 of that Act); and

b

that notice includes a statement to the effect that there is a right of appeal in relation to the decision only if the Secretary of State has considered an application for a revision of the decision.

2

In a case to which this regulation applies, a person has a right of appeal under section 12(2) of the Act in relation to the decision only if the Secretary of State has considered on an application whether to revise the decision under section 9 of the Act.

3

The notice referred to in paragraph (1) must inform the person—

a

of the time limit specified in regulation 3(1) or (3) for making an application for a revision; and

b

that, where the notice does not include a statement of the reasons for the decision (“written reasons”), he may, within one month of the date of notification of the decision, request that the Secretary of State provide him with written reasons.

4

Where written reasons are requested under paragraph (3)(b), the Secretary of State must provide them within 14 days of receipt of the request or as soon as practicable afterwards.

5

Where, as the result of paragraph (2), there is no right of appeal against a decision, the Secretary of State may treat any purported appeal as an application for a revision under section 9 of the Act.

F188Revision of child support decisions3A

F7041

~~Subject to paragraph (2), any decision as defined in paragraph (3) may be revised under section 16 of the Child Support Act by the~~ ~~F649Secretary of State~~—

a

if ~~F652the Secretary of State~~ ~~receives an application for the revision of a decision either—~~

i

~~under section 16; or~~

ii

c

~~the~~ ~~F651 Secretary of State~~ ~~would have made decision B differently if~~ F654 ~~... aware of decision C at the time~~ ~~F654of making~~ ~~decision B,~~

~~decision B may be revised at any time.~~

F5706

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F5707

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F4538

~~Subject to paragraph (9), section 16 of the Child Support Act shall apply in relation to any decision of the~~ ~~F657Secretary of State~~ ~~not to make a maintenance calculation, as it applies in relation to any decision of the~~ ~~F657Secretary of State~~ ~~under sections 11, 12 or 17 of that Act, or the determination of an appeal tribunal on a referral under section 28D(1)(b) of that Act.~~

9

~~Paragraph (8) shall not apply to any decision not to make a maintenance calculation where the~~ ~~F657Secretary of State~~ ~~makes a decision under section 12 of the Child Support Act.~~

F737Consideration of revision before appeal in relation to certain child support decisions3B

1

This regulation applies in a case where—

a

the Secretary of State gives a person written notice of a decision; and

b

that notice includes a statement to the effect that there is a right of appeal against the decision only if the Secretary of State has considered an application for a revision of the decision.

2

In a case to which this regulation applies, a person has a right of appeal under section 20 of the Child Support Act 1991 (as substituted by section 10 of the Child Support, Pensions and Social Security Act 2000) against the decision only if the Secretary of State has considered on an application whether to revise the decision under section 16 of that Act.

3

The notice referred to in paragraph (1) must inform the person of the time limit specified in regulation 3A(1)(a) for making an application for a revision.

4

5

In this regulation “decision” means a decision mentioned in section 20(1)(a) or (b) of the Child Support Act 1991 (as substituted by section 10 of the Child Support, Pensions and Social Security Act 2000).

that F492the Upper Tribunal or a court has taken a different view of the law from that previously understood and applied.

7

An application under this regulation for an extension of time which has been refused may not be renewed.

Date from which a decision revised under section 9 takes effect5

F2741

Where, on a revision under section 9, the Secretary of State F37or the Board or an officer of the Board decides that the date from which the decision under section 8 or 10 (“the original decision”) took effect was erroneous, the decision under section 9 shall take effect on the date from which the original decision would have taken effect had the error not been made.

F2752

Where—

a

a person attains pensionable age, claims a retirement pension after the prescribed time for claiming and the Secretary of State decides (“the original decision”) that he is not entitled because—

i

in the case of a Category A retirement pension, the person has not satisfied the contribution conditions; or

ii

in the case of a Category B retirement pension, the person’s spouse F353or civil partner has not satisfied the contribution conditions;

b

in accordance with regulation 50A of the Social Security (Contributions) Regulations 2001 (Class 3 contributions: tax years 1996-97 to 2001-02) the Board subsequently accepts Class 3 contributions paid after the due date by the claimant or, as the case may be, the spouse F354or civil partner;

c

in accordance with regulation 6A of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 the contributions are treated as paid on a date earlier than the date on which they were paid; and

d

the Secretary of State revises the original decision in accordance with regulation 11A(4)(a),

the revised decision shall take effect from—

i

1 ^st October 1998; or

ii

the date on which the claimant attained pensionable age in the case of a Category A pension, or, in the case of a Category B pension, the date on which the claimant’s spouse F355or civil partner attained pensionable age,

whichever is later.

is an original award within the meaning of regulation 3(7ZA) and sub-paragraphs (a) to (c) and (d)(ii) of regulation 3(7ZA) apply but not sub-paragraph (d)(i);

F695f

is a decision that a jobseeker’s allowance is payable at the full rate to which the claimant would be entitled in the absence of any reduction where the award is reduced under section 19 of the Jobseekers Act;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F82c

the fact that a person has become terminally ill, within the meaning of section 66(2)(a) of the Contributions and Benefits Act, unless an application for supersession which contains an express statement that the person is terminally ill is made either by—

i

the person himself; or

ii

any other person purporting to act on his behalf whether or not that other person is acting with his knowledge or authority;

and where such an application is received a decision may be so superseded not withstanding that no claim under section 66(1) or, as the case may be, 72(5) or 73(12) of that Act has been made.

7

In paragraph (6)(b), “nursing home” and “residential care home” have the same meanings as they have in regulation 19 of the Income Support Regulations.

F2338

In relation to the assessed income period, the only change of circumstance relevant for the purposes of paragraph (2)(a) is that the assessed income period ends in accordance with section 9(4) of the State Pension Credit Act or the regulations made under section 9(5) of that Act.

~~acting on his own initiative where,~~

~~the decision to be superseded is a decision of~~ ~~F639an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or of a Child Support Commissioner~~ ~~that was made in accordance with section 28ZB(4)(b) of the Child Support Act, in a case where section 28ZB(5) of that Act applies.~~

5

~~A decision, other than a decision made on appeal, may be superseded by a decision made by the Secretary of State—~~

a

~~acting on his own initiative, where he is satisfied that the decision was erroneous in point of law; or~~

b

~~where an application is made on the basis that the decision was erroneous in point of law.~~

6

A decision may be superseded by a decision made by the Secretary of State where he receives an application for the supersession of a decision by way of an application made under section 28G of the Child Support Act.

7

~~The cases and circumstances in which a decision may be superseded shall not include any case or circumstance in which a decision may be revised.~~

8

~~Paragraphs (2) to (6) shall not apply in respect of a decision to refuse an application for a maintenance calculation.~~

9

For the purposes of section 17 of the Child Support Act, paragraphs (2) to (6) shall apply in relation to any decision of the Secretary of State that an adjustment shall cease or with respect to the adjustment of amounts payable under a maintenance calculation for the purpose of taking account of overpayments of child support maintenance and voluntary payments, whether as originally made or as revised under section 16 of that Act.

F5661

~~This regulation and regulation 6B set out the circumstances in which a decision may be made by the~~ ~~F658Secretary of State~~ ~~under section 17 of the Child Support Act (decisions superseding earlier decisions).~~

2

~~A decision may be superseded by a decision of the~~ ~~F659Secretary of State, on an application or acting under~~ ~~F659the Secretary of State’s~~ ~~own initiative, where—~~

a

~~there has been a relevant change of circumstances since the decision had effect or it is expected that a relevant change of circumstances will occur;~~

b

~~the decision was made in ignorance of, or was based on a mistake as to, some material fact; or~~

c

~~the decision was wrong in law (unless it was a decision made on appeal).~~

3

The circumstances in which a decision may be superseded include where the relevant change of circumstances causes the maintenance calculation to cease by virtue of paragraph 16 of Schedule 1 to the Child Support Act or where the ~~F660Secretary of State~~ ~~no longer has jurisdiction by virtue of section 44 of that Act.~~

4

~~A decision may be superseded by a decision of the~~ ~~F660Secretary of State~~ ~~where the~~ ~~F660Secretary of State~~ ~~receives an application for a variation of the decision under section 28G of the Child Support Act.~~

5

~~A decision may not be superseded in circumstances where it may be revised.~~

6

~~A decision to refuse an application for a maintenance calculation may not be superseded.~~

Circumstances in which a child support decision may not be superseded6B

F7111

~~Except as provided in paragraph (4), and subject to paragraph (3), a decision of the~~ ~~F661Secretary of State~~, ~~F640an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Child Support Commissioner, on an application made under regulation~~ ~~F5726A(2)(a), shall not be superseded where the difference between—~~

a

~~the non-resident parent’s net income figure fixed for the purposes of the maintenance calculation in force in accordance with Part I of Schedule 1 to the Child Support Act; and~~

b

~~the non-resident parent’s net income figure which would be fixed in accordance with a superseding decision,~~

~~is less than 5% of the figure in sub-paragraph (a).~~

2

~~In paragraph (1) “superseding decision" means a decision which would supersede the decision subject to the application made under regulation~~ ~~F5726A(2)(a)~~ ~~but for the application of this regulation.~~

F2763

Where the application for a supersession is made on more than one ground, if those grounds which do not relate to the net income of the non-resident parent lead to a superseding decision this regulation shall not apply to the ground relating to the net income of that parent.

4

~~This regulation shall not apply to a decision under regulation~~ ~~F5726A(2)(a)~~ ~~where—~~

a

~~the superseding decision is made in consequence of the determination of an application made under section 28G of the Child Support Act;~~

b

~~the superseding decision affects a variation ground in a decision made under section 11 or 17 of the Child Support Act, whether as originally made or as revised under section 16 of that Act;~~

c

the decision being superseded was made under section 12(2) of the Child Support Act, or was a decision under section 17 of that Act superseding an interim maintenance decision, whether as originally made or as revised under section 16 of that Act;

F573 d

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;~~ F617 ~~...~~

e

~~the superseding decision takes effect from the dates prescribed in regulation~~ ~~F574paragraph 4 of Schedule 3DF618; or~~

f

~~a decision is superseded and in relation to that superseding decision a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Child Support Act applies.~~

F2775

Where an application has been made to which paragraph (1) applied (“application A”) and a further application (“application B”) is made for a supersession on a ground other than one relating to the net income of the non-resident parent, the ~~F662Secretary of State~~ ~~may make a superseding decision on the basis that application A was made at the same time as application B.~~

where—

i

the claimant is a disabled person or a disabled person’s partner;

ii

the decision is advantageous to the claimant; and

iii

the decision is made in connection with the cessation of payment of a carer’s allowance relating to that disabled person,

the day after the last day for which carer’s allowance was paid to a person other than the claimant or the claimant’s partner;

F387 bd

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F418be

in the case of a claimant who is in receipt of an employment and support allowance and the claimant makes an application which contains an express statement that he is terminally ill within the meaning of regulation 2(1) of the Employment and Support Allowance Regulations , from the date the claimant became terminally ill;

c

where the decision is not advantageous to the claimant—

F86 i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13ii

in the case of a disability benefit decision, or an incapacity benefit decision where there has been an incapacity determination F584or an employment and support allowance decision where there has been a limited capability for work determination (whether before or after the decision), where the Secretary of State is satisfied that in relation to a disability determination embodied in or necessary to the disability benefit decision, or the incapacity determination F584or an employment and support allowance decision where there has been a limited capability for work determination, the claimant or payee failed to notify an appropriate office of a change of circumstances which regulations under the Administration Act required him to notify, and the claimant or payee, as the case may be, knew or could reasonably have been expected to know that the change of circumstances should have been notified,

aa

from the date on which the claimant or payee, as the case may be, ought to have notified the change of circumstances, or

bb

if more than one change has taken place between the date from which the decision to be superseded took effect and the date of the superseding decision, from the date on which the first change ought to have been notified, or

F368 iii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F369iv

in the case of a disability benefit decision, where the change of circumstances is not in relation to the disability determination embodied in or necessary to the disability benefit decision, from the date of the change; or

v

in any other case, except in the case of a decision which supersedes a disability benefit decision, from the date of the change.

F388 2A

F462. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4193

For the purposes of paragraphs (2) and (8) “benefit week” has the same meaning, as the case may be, as in—

a

regulation 2(1) of the Income Support Regulations;

a non-dependant as defined by regulation 3 of the Income Support RegulationsF628, regulation 2 of the Jobseeker’s Allowance RegulationsF421or regulation 71 of the Employment and Support Allowance Regulations; or

bb

a person residing with him for the purposes of paragraph 1 of Schedule 1 to the State Pension Credit Regulations whose presence may not be ignored in accordance with paragraph 2 of that Schedule,

at the date the superseded decision would, but for this sub-paragraph, have had effect,

from the date on which the claimant or his partner ceased to have a non-dependant or person residing with him or from the date on which the presence of that person was first ignored.

F3627A

Where a decision is superseded in accordance with regulation 6(2)(o), the superseding decision shall take effect from the day on which a lump sum, or a payment on account of a lump sum, is paid or repaid if that day is the first day of the benefit week but, if it is not, from the next following such day.

F6968

A decision to which regulation 6(2)(f) applies shall take effect from the beginning of the period specified in regulation 69(6) of the Jobseeker’s Allowance Regulations.

F6978ZA

A decision to which regulation 6(2)(fa) applies shall take effect from the beginning of the period specified in regulation 69A(3) of the Jobseeker’s Allowance Regulations.

F6988ZB

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4638A

Where a decision is superseded in accordance with regulation 6(2)(s), the superseding decision shall take effect from the date on which the late or unpaid contribution is treated as paid.

F889

F626Except where paragraph (9A) applies, a decision relating to attendance allowance or disability living allowance which is advantageous to the claimant and which is made under section 10 on the basis of a relevant change of circumstances shall take effect from—

a

F255where the decision is made on the Secretary of State’s own initiative—

i

the date on which the Secretary of State commenced action with a view to supersession; or

on or after 8th March 2001, the claimant had an award of attendance allowance, carer’s allowance, or the care component of disability living allowance;

b

the Secretary of State made a superseding decision in accordance with regulation 6(2)(a) to end that award on the ground that there had been, or it was anticipated that there would be, a relevant change of circumstances as a result of the claimant moving, or planning to move, from Great Britain to an EEA state or Switzerland; and

c

the Secretary of State supersedes that decision in accordance with regulation 6(2)(b)(i) on the ground that it was erroneous in point of law,

the superseding decision referred to in sub-paragraph (c) shall take effect from 18th October 2007.

10

A decision as to an award of incapacity benefit, which is made under section 10 because section 30B(4) of the Contributions and Benefits Act applies to the claimant, shall take effect as from the date on which he became entitled to the highest rate of the care component of disability living allowance.

11

A decision as to an award of incapacity benefit or severe disablement allowance, which is made under section 10 because the claimant is to be treated as incapable of work under regulation 10 of the Social Security (Incapacity for Work) (General) Regulations 1995 M15 (certain persons with a severe condition to be treated as incapable of work), shall take effect as from the date he is to be treated as incapable of work.

12

Where this paragraph applies, a decision under section 10 may be made so as to take effect as from such date not more than eight weeks before—

a

the application for supersession; or

b

where no application is made, the date on which the decision under section 10 is made,

as is reasonable in the particular circumstances of the case.

13

Paragraph (12) applies where—

a

the effect of a decision under section 10 is that there is to be included in a claimant’s applicable amount an amount in respect of a loan which qualifies under—

i

paragraph 15 or 16 of Schedule 3 to the Income Support Regulations; or

ii

paragraph 14 or 15 of Schedule 2 to the Jobseeker’s Allowance Regulations; F238or

iii

paragraph 11 or 12 of Schedule II to the State Pension Credit Regulations; F422or

F423iv

paragraph 16 or 17 of Schedule 6 to the Employment and Support Allowance Regulations; and

b

that decision could not have been made earlier because information necessary to make that decision, requested otherwise than in accordance with paragraph 10(3)(b) of Schedule 9A to the Claims and Payments Regulations M16 (annual requests for information), had not been supplied to the Secretary of State by the lender.

14

Subject to paragraph (23), where a claimant is in receipt of income support and his applicable amount includes an amount determined in accordance with Schedule 3 to the Income Support Regulations (housing costs), and there is a reduction in the amount of eligible capital owing in connection with a loan which qualifies under paragraph 15 or 16 of that Schedule, a decision made under section 10 shall take effect—

a

on the first anniversary of the date on which the claimant’s housing costs were first met under that Schedule; or

b

where the reduction in eligible capital occurred after the first anniversary of the date referred to in sub-paragraph (a), on the next anniversary of that date following the date of the reduction.

15

Where a claimant is in receipt of income support and payments made to that claimant which fall within paragraph 29 or 30(1)(a) to (c) of Schedule 9 to the Income Support Regulations have been disregarded in relation to any decision under section 8 or 10 and there is a change in the amount of interest payable—

a

on a loan qualifying under paragraph 15 or 16 of Schedule 3 to those Regulations to which those payments relate; or

b

a

on a loan qualifying under paragraph 16 or 17 of Schedule 6 to those Regulations to which those payments relate; or

b

any decision under section 10 which is made as a result of that change in the amount of interest payable shall take effect on whichever of the dates referred to in paragraph (20) is appropriate in the claimant’s case.

20

The date on which a decision under section 10 takes effect for the purposes of paragraph (19) is—

a

the date on which the claimant’s housing costs are first met under paragraph 6(1)(a), 7(1)(a) or 8(2)(a) of Schedule 2 to the Jobseeker’s Allowance Regulations; or

In paragraph (25), “benefit week" means any period of 7 days corresponding to the week in respect of which the relevant social security benefit is due to be paid.

F58927

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12728

A decision to which regulation 6(2)(j) or (k) applies shall take effect from the first day of the disqualification period prescribed for the purposes of section F5956B or 7 of the Social Security Fraud Act 2001.

F24029

F262Subject to paragraphs (29A) and (29B), a decision to which regulation 6(2)(1) (state pension credit) refers shall take effect from the day following the day on which the assessed income period ends if that day is the first day of the claimant’s benefit week, but if it is not, from the next following such day.

F26329A

A decision to which regulation 6(2)(l) applies, where—

a

the decision is advantageous to the claimant; and

b

the information and evidence required under regulation 32(1) of the Claims and Payments Regulations has not been provided within the period allowed under that regulation,

shall take effect from the day the information and evidence required under that regulation is provided if that day is the first day of the claimant’s benefit week, but, if it is not, from the next following such day.

29B

A decision to which regulation 6(2)(l) applies, where—

a

the decision is disadvantageous to the claimant; and

b

the information and evidence required under regulation 32(1) of the Claims and Payments Regulations has not been provided within the period allowed under that regulation,

shall take effect from the day after the period allowed under that regulation expired.

29C

Except where there is a change of circumstances during the period in which the Secretary of State was prevented from specifying a new assessed income period under regulation 10(1) of the State Pension Credit Regulations, a decision to which regulation 6(2)(m) applies shall take effect from the day on which the information and evidence required under regulation 32(6)(a) of the Claims and Payments Regulations was provided.

F25630

Where a decision is superseded in accordance with regulation 6(2)(a)(i) and the relevant circumstances are that there has been 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 had effect.

F59930A

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.

31

Where a decision is superseded in accordance with regulation 6(2)(a)(ii) and the relevant circumstances are that—

a

a personal capability assessment has been carried out in the case of a person to whom section 171C(4) of the Contributions and Benefits Act applies; and

b

the own occupation test remains applicable to him under section 171B(3) of that Act,

the decision under section 10 shall take effect on the day F466 ... on which the own occupation test is no longer applicable to that person.

32

For the purposes of paragraph (31)—

F75641

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.

F1F389 Definitions for the purposes of Chapters I and II7A

1

For the purposes of regulations 3(5)(c), 6(2)(g)F607, 6(2)(r)F107, 7(2)(c) and (5)–

“disability benefit decision” means a decision to award a relevant benefit embodied in or necessary to which is a disability determination,
“disability determination” means–
1. a
  in the case of a decision as to an award of an attendance allowance or a disability living allowance, whether the person satisfies any of the conditions in section 64, 72(1) or 73(1) to (3), as the case may be, of the Contributions and Benefits Act,
2. b
  in the case of a decision as to an award of severe disablement allowance, whether the person is disabled for the purpose of section 68 of the Contributions and Benefits Act, or
3. c
  in the case of a decision as to an award of industrial injuries benefit, whether the existence or extent of any disablement is sufficient for the purposes of section 103 or 108 of the Contributions and Benefits Act or for the benefit to be paid at the rate which was in payment immediately prior to that decision;
F428 “employment and support allowance decision” means a decision to award a relevant benefit or relevant credit embodied in or necessary to which is a determination that a person has or is to be treated as having limited capability for work under Part 1 of the Welfare Reform Act ;
“incapacity benefit decision” means a decision to award a relevant benefit F108or relevant credit embodied in or necessary to which is a determination that a person is or is to be treated as incapable of work under Part XIIA of the Contributions and Benefits Act, F383or an award of long term incapacity benefit under regulation 17(1) (transitional awards of long-term incapacity benefit) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995
“incapacity determination” means a determination whether a person is incapable of work by applying the F109personal capability assessment in regulation 24 of the Social Security (Incapacity for Work) (General) Regulations 1995 or whether a person is to be treated as incapable of work in accordance with regulation 10 (certain persons with a severe condition to be treated as incapable of work) or 27 (exceptional circumstances) of those Regulations, and
F429 “limited capability for work determination” means a determination whether a person has limited capability for work by applying the test of limited capability for work or whether a person is to be treated as having limited capability for work in accordance with regulation 20 of the Employment and Support Allowance Regulations ;
“payee” means a person to whom a benefit referred to in paragraph (a), (b) or (c) of the definition of “disability determination”, or a benefit referred to in the definition of “incapacity benefit decision” F430or “employment and support allowance decision” is payable.

2

Where a person’s receipt of or entitlement to a benefit (“the first benefit”) is a condition of his being entitled to any other benefit, allowance or advantage (“a second benefit”) and a decision is revised under regulation 3(5)(c) or a superseding decision is made under regulation 6(2) to which regulation 7(2)(c)(ii) applies, the effect of which is that the first benefit ceases to be payable, or becomes payable at a lower rate than was in payment immediately prior to that revision or supersession, a consequent decision as to his entitlement to the second benefit shall take effect from the date of the change in his entitlement to the first benefit.

F567Effective date of a supersession decisionF567F191Date from which a decision superseded under section 17 of the Child Support Act takes effect 7B

F712F5671~~~~

Subject to paragraphs (17) to (22), where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(2)(a) applies on the basis of information or evidence which was also the basis of a decision made under section 8, 9 or 10 of the Act, the decision under section 17 of the Child Support Act shall take effect from the first day of the maintenance period in which that information or evidence was first brought to the attention of an officer exercising the functions of the Secretary of State under the Child Support Act (“the officer").

F2191A

~~Where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that—~~

a

~~paragraph 4(2) of Schedule 1 to the Child Support Act applies, the decision shall take effect from the first day of the maintenance period on or after—~~

i

~~the date on which the non-resident parent becomes the partner of a non-resident parent; or~~

ii

~~where a maintenance calculation is first made in respect of the non-resident parent’s partner, the date on which that calculation takes effect for the purposes of the Child Support Act; or~~

b

~~paragraph 4(2) of Schedule 1 to the Child Support Act ceases to apply, the decision shall take effect from the first day of the maintenance period on or after the date on which—~~

i

~~the non-resident parent or his partner ceases to be a non-resident parent; or~~

ii

~~the non-resident parent ceases to be the partner of a non-resident parent.~~

2

Where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(3)(a) applies and the relevant circumstance is that the non-resident parent or his partner has notified the officer that he or his partner had made a claim for a relevant benefit and, where the relevant benefit is payable, that the officer was notified within one month of notification of the award, the decision shall take effect from the first day of the maintenance period in which—

a

the non-resident parent or his partner notified the officer that he or his partner had made a claim for a relevant benefit, where entitlement to that benefit commences on or before the date of notification; or

b

~~entitlement to the relevant benefit commences, where that entitlement commenced after the date of notification.~~

3

Where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(4) applies and the material fact is that the non-resident parent or his partner has notified the officer that he or his partner had made a claim for a relevant benefit before the Secretary of State notified him of an application for a maintenance calculation in accordance with regulation 5 of the Maintenance Calculation Procedure Regulations (notice of an application for a maintenance calculation) and, where the relevant benefit is payable, that the officer was notified within one month of notification of the award, the decision shall take effect from the first day of the maintenance period in which—

~~a decision made by~~ ~~F495the First-tier Tribunal or the Upper Tribunal~~ ~~is superseded on the ground that it was erroneous due to a misrepresentation of, or that there was a failure to disclose, a material fact; and~~

b

~~the Secretary of State is satisfied that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error,~~

~~the superseding decision shall take effect from the date on which the decision of~~ ~~F496the First-tier Tribunal~~ ~~or, as the case may be,~~ ~~F497the Upper Tribunal~~ ~~took, or was to take, effect.~~

10

Any decision made under section 17 of the Child Support Act in consequence of a determination which is a relevant determination for the purposes of section 28ZC of that Act shall take effect from the date of the relevant determination.

F454 11

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F454 12

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F454 13

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F454 14

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F454 15

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F454 16

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

17

Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is the death of a qualifying child or a qualifying child ceasing to be a qualifying child, the decision shall take effect from the first day of the maintenance period in which the change occurred.

F22417A

Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies, and the relevant circumstance is that a person has ceased to be a person with care in relation to a qualifying child in respect of whom the maintenance calculation was made, the decision shall take effect from the first day of the maintenance period in which that person ceased to be a person with care in relation to that qualifying child.

17B

Where a superseding decision is made in a case to which regulation 6A(3) applies, and the relevant circumstance is that there is a further qualifying child in respect of the non-resident parent and the person with care to whom the maintenance calculation being superseded relates, the superseding decision shall take effect from—

a

~~subject to sub-paragraph (b), the first day of the maintenance period in respect of the maintenance calculation in force, following—~~

i

~~where an effective application is made under section 17(1) of the Child Support Act by the non-resident parent, the date on which that application is made; or~~

ii

where the application made under section 17(1) of that Act is made by the person with care, or, where a maintenance calculation has been made in response to an application by a child under section 7 of that Act, by the child, the date of notification to the non-resident parent of that application;

b

~~the first day of the maintenance period in respect of the maintenance calculation in force where the date set out in head (i) or (ii) falls on the first day of that maintenance period.~~

17C

~~For the purposes of paragraph (17B)—~~

a

~~in head (i) of sub-paragraph (a), an application is effective if, were it an application for a maintenance calculation, it would comply with regulation 3(1) of the~~ ~~Maintenance Calculation Procedure Regulations~~ ;

b

~~in head (ii) of sub-paragraph (a), notification to the non-resident parent shall take the same form in respect of an application for a supersession as it would in regulation 5 of the~~ ~~Maintenance Calculation Procedure Regulations~~ ~~, in respect of an application for a maintenance calculation.~~

18

Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that the non-resident parent, person with care or the qualifying child has moved out of the jurisdiction, the decision shall take effect from the first day of the maintenance period in which the non-resident parent, person with care or qualifying child leaves the jurisdiction and jurisdiction is within the meaning of section 44 of the Child Support Act.

F220 19

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

20

Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that both the non-resident parent and the person with care with respect to whom a maintenance calculation was made request the Secretary of State to decide that the maintenance calculation shall cease and he is satisfied that they are living together, the decision shall take effect from the first day of the maintenance period in which the later of the two requests was made.

21

~~Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that—~~

a

~~an application for a maintenance calculation is made under section 4 or 7 of the Child Support Act~~ F455 ~~... in respect of a non-resident parent; and~~

b

before the decision as to a maintenance calculation is made at least one other maintenance calculation is in force with respect to the same non-resident parent but to a different person with care and a different child,

the effective date of the maintenance calculation made in respect of the application shall be a date which is not later than 7 days after the date of notification to the non-resident parent and which is the day on which a maintenance period in respect of the maintenance calculation in force begins.

22

Where a superseding decision is made in a case to which regulation 6A(3) applies and in relation to that decision a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Child Support Act applies, the effective date of the calculation or calculations shall be the beginning of the maintenance period in which the change of circumstance to which the calculation or calculations relates occurred or is expected to occur and where that change occurred before the date of the application for the supersession and was notified after that date, the date of that application.

F24522A

~~Where a superseding decision is made in a case to which regulation 6A(4A) applies the decision shall take effect from the first day of the maintenance period following the date the~~ ~~F498First-tier Tribunal or the Upper Tribunal’s~~ ~~decision would have taken effect had it been decided in accordance with the determination~~ ~~F499of the Upper Tribunal~~ ~~or the court in the appeal referred to in section 28ZB(1)(b) of the Child Support Act.~~

23

~~In this regulation—~~

“benefit week" in relation to income support has the same meaning as in regulation 2(1) of the Income Support Regulations, and in relation to jobseeker’s allowance has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations;
~~“partner" has the same meaning as in regulation 2 of the Income Support Regulations; and~~
“relevant benefit" means a benefit which is prescribed in regulation 4 of the Maintenance Calculations and Special Cases Regulations for the purposes of paragraph 4(1)(b) of Part I of Schedule 1 to the Child Support Act, and child benefit as referred to in paragraph 10C(2)(a) of Part I of Schedule 1 to that Act.

F567Schedule 3D provides for cases and circumstances in which a supersession decision takes effect from a date other than the date specified in section 17(4) of the Child Support Act.

Procedure where the Secretary of State proposes to supersede a decision under section 17 of the Child Support Act on his own initiative7C

~~F713Where the~~ ~~F663Secretary of State~~ on ~~F663the Secretary of State’s~~ ~~own initiative proposes to make a decision superseding a decision~~ ~~F663the Secretary of State~~ ~~shall notify the relevant persons who could be materially affected by the decision of that intention.~~

that F500the Upper Tribunal or a court has taken a different view of the law from that previously understood and applied.

7

An application under this regulation which has been refused may not be renewed.

CHAPTER IIIOTHER MATTERS

Certificates of recoverable benefits9

A certificate of recoverable benefits may be reviewed under section 10 of the 1997 Act M18 where the Secretary of State is satisfied that—

a

a mistake (whether in computation of the amount specified or otherwise) occurred in the preparation of the certificate;

b

the benefit recovered from a person who makes a compensation payment (as defined in section 1 of the 1997 Act) is in excess of the amount due to the Secretary of State;

c

incorrect or insufficient information was supplied to the Secretary of State by the person who applied for the certificate and in consequence the amount of benefit specified in the certificate was less than it would have been had the information supplied been correct or sufficient; or

d

a ground for appeal is satisfied under section 11 of the 1997 Act M19 .

F447Review of certificates9ZA

1

A certificate may be reviewed under section 10 of the 1997 Act where the Secretary of State is satisfied that—

a

a mistake (whether in the computation of the amount specified or otherwise) occurred in the preparation of the certificate;

b

the lump sum payment recovered from a compensator who makes a compensation payment (as defined in section 1A(5) of the 1997 Act) is in excess of the amount due to the Secretary of State;

c

incorrect or insufficient information was supplied to the Secretary of State by the compensator who applied for the certificate and in consequence the amount of lump sum payment specified in the certificate was less than it would have been had the information supplied been correct or sufficient;

d

a ground for appeal is satisfied under section 11 of the 1997 Act or an appeal has been made under that section; or

e

a certificate has been issued and, for any reason, a recoverable lump sum payment was not included in that certificate.

2

In this regulation and regulations 1(3) in paragraph (b) of the definition of “party to the proceedings”, F50229 ~~F743and 33~~, where applicable—

a

any reference to the 1997 Act is to be construed so as to include a reference to that Act as applied by regulation 2 of the Lump Sum Payments Regulations and, where applicable, as modified by Schedule 1 to those Regulations;

b

“ certificate ” means a certificate of recoverable lump sum payments, including where any of the amounts is nil;

c

“lump sum payment” is a payment to which section 1A(2) of the 1997 Act applies;

d

“ P ” is to be construed in accordance with regulations 4(1)(a)(i) and 5 of the Lump Sum Payments Regulations.

2

A determination (including a determination made following a change of circumstances) as set out in paragraph (1) which is embodied in or necessary to a decision under Chapter II of Part I of the Act or on which such a decision is based shall be conclusive for the purposes of any further decision.

Secretary of State to determine certain matters11

Where, in relation to a determination for any purpose to which Part XIIA of the Contributions and Benefits Act F431or Part 1 of the Welfare Reform Act applies, an issue arises as to—

a

whether a person is, or is to be treated as, capable or incapable of work in respect of any period; or

F432aa

whether a person is, or is to be treated as, having or not having limited capability for work; or

b

whether a person is terminally ill,

that issue shall be determined by the Secretary of State, notwithstanding that other matters fall to be determined by another authority.

F2Issues for decision by officers of Inland Revenue11A

1

Where, on consideration of any claim or other matter, it appears to the Secretary of State that an issue arises which, by virtue of section 8 of the Transfer Act, falls to be decided by an officer of the Board, he shall refer that issue to the Board.

2

Where—

a

the Secretary of State has decided any claim or other matter on an assumption of facts—

i

as to which there appeared to him to be no dispute, but

ii

concerning which, had an issue arisen, that issue would have fallen, by virtue of section 8 of the Transfer Act, to be decided by an officer of the Board; and

b

an application for revision or an application for supersession F149or an appeal is made in relation to the decision of that claim or other matter; and

c

it appears to the Secretary of State on F150receipt of the application or appeal that such an issue arises,

he shall refer that issue to the Board.

3

Pending the final decision of any issue which has been referred to the Board in accordance with paragraph (1) or (2) above, the Secretary of State may—

a

determine any other issue arising on consideration of the claim or other matter or, as the case may be, of the application,

b

seek a preliminary opinion of the Board on the issue referred and decide the claim or other matter or, as the case may be, the application in accordance with that opinion on that issue; or

c

defer making any decision on the claim or other matter or, as the case may be, the application.

4

On receipt by the Secretary of State of the final decision of an issue which has been referred to the Board in accordance with paragraph (1) or (2) above, the Secretary of State shall—

a

in a case to which paragraph (3)(b) above applies—

i

consider whether the decision ought to be revised under section 9 or superseded under section 10, and

ii

if so, revise it, or, as the case may be, make a further decision which supersedes it; or

b

in a case to which paragraph (3)(a) or (c) above applies, decide the claim or other matter or, as the case may be, the application,

in accordance with the final decision of the issue so referred.

5

In paragraphs (3) and (4) above “final decision" means the decision of an officer of the Board under section 8 of the Transfer Act or the determination of any appeal in relation to that decision.

Decision of the Secretary of State relating to industrial injuries benefit12

1

This regulation applies where, for the purpose of a decision of the Secretary of State relating to a claim for industrial injuries benefit under Part V of the Contributions and Benefits Act an issue to be decided is—

a

the extent of a personal injury for the purposes of section 94 of that Act;

b

whether the claimant has a disease prescribed for the purposes of section 108 of that Act or the extent of any disablement resulting from such a disease; or

c

whether the claimant has a disablement for the purposes of section 103 of that Act or the extent of any such disablement.

2

In connection with making a decision to which this regulation applies, the Secretary of State may refer an issue, together with any relevant evidence or information available to him, including any evidence or information provided by or on behalf of the claimant, to a F376health care professional approved by the Secretary of State who has experience in such of the issues specified in paragraph (1) as are relevant to the decision, for such report as appears to the Secretary of State to be necessary for the purpose of providing him with information for use in making the decision.

3

In making a decision to which this regulation applies, the Secretary of State shall have regard to (among other factors)—

a

all relevant medical reports provided to him in connection with that decision; and

b

the experience, in such of the issues specified in paragraph (1) as are relevant to the decision, of any F377health care professional who has provided a report, including a F377health care professional approved by the Secretary of State who has provided a report following an examination required by the Secretary of State under section 19.

F99Recrudescence of a prescribed disease12A

he shall make the determination on the assumption that the relevant evidence or information which is not in his possession is adverse to the claimant.

F357Retirement pension after period of deferment13A

1

This regulation applies where—

a

a person claims a Category A or Category B retirement pension, shared additional pension or, as the case may be, graduated retirement benefit;

b

an election is required by, as the case may be—

i

paragraph A1 or 3C of Schedule 5 to the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred);

ii

paragraph 1 of Schedule 5A to that Act (pension increase or lump sum where entitlement to shared additional pension is deferred); or, as the case may be,

iii

paragraph 12 or 17 of Schedule 1 to the Graduated Retirement Benefit Regulations (further provisions replacing section 36(4) of the National Insurance Act 1965: increases of graduated retirement benefit and lump sums); and

c

no election is made when the claim is made.

2

In the circumstances specified in paragraph (1) the Secretary of State may decide the claim before any election is made, or is treated as made, for an increase or lump sum.

3

When an election is made, or is treated as made, the Secretary of State shall revise the decision which he made in pursuance of paragraph (2).

Effect of alteration in the component rates of income support and jobseeker’s allowance14

1

Section 159 of the Administration Act (effect of alteration in the component rates of income support) shall not apply to any award of income support in force in favour of a person where there is applicable to that person—

a

any amount determined in accordance with regulation 17(2) to (7) of the Income Support Regulations; or

b

any protected sum determined in accordance with Schedule 3A or 3B of those Regulations M20 ; or

c

any transitional addition, personal expenses addition or special transitional addition applicable under Part II of the Income Support (Transitional) Regulations 1987 M21 (transitional protection).

2

Where section 159 of the Administration Act does not apply to an award of income support by virtue of paragraph (1), a decision under section 10 may be made in respect of that award for the sole purpose of giving effect to any change made by an order under section 150 of the Administration Act.

3

Section 159A of the Administration Act M22 (effect of alterations in the component rates of jobseeker’s allowance) shall not apply to any award of a jobseeker’s allowance in force in favour of a person where there is applicable to that person any amount determined in accordance with regulation 87 of the Jobseeker’s Allowance Regulations.

4

Where section 159A of the Administration Act does not apply to an award of a jobseeker’s allowance by virtue of paragraph (3), a decision under section 10 may be made in respect of that award for the sole purpose of giving effect to any change made by an order under section 150 of the Administration Act.

F2435

Section 159B of the Administration Act (effect of alterations affecting state pension credit) shall not apply to any award of state pension credit in favour of a person where in relation to that person the appropriate minimum guarantee includes an amount determined under paragraph 6 of Part III of Schedule I to the State Pension Credit Regulations .

6

Where section 159B of the Administration Act does not apply to an award of state pension credit by virtue of paragraph (5), a decision under section 10 may be made in respect of that award for the sole purpose of giving effect to any change made to an award under section 150 of the Administration Act.

F134Termination of award of income supportF437, jobseeker’s allowance or employment and support allowance14A

1

This regulation applies in a case where an award of income supportF438, a jobseeker’s allowance or an employment and support allowance (“the existing benefit”) exists in favour of a person and, if that award did not exist and a claim was made by that person or his partner for F439an employment and support allowance, a jobseeker’s allowance or, as the case may be, income support (“the alternative benefit”), an award of the alternative benefit would be made on that claim.

2

In a case to which this regulation applies, if a claim for the alternative benefit is made the Secretary of State may bring to an end the award of the existing benefit if he is satisfied that an award of the alternative benefit will be made on that claim.

3

Where, under paragraph (2), the Secretary of State brings an award of the existing benefit to an end he shall do so with effect from the day immediately preceding the first day on which an award of the alternative benefit takes effect.

4

Where an award of a jobseeker’s allowance is made in accordance with the provisions of this regulation, paragraph 4 of Schedule 1 to the Jobseekers Act (waiting days) shall not apply.

F4405

Where an award of an employment and support allowance is made in accordance with the provisions of this regulation, paragraph 2 of Schedule 2 to the Welfare Reform Act (waiting days) shall not apply.

Jobseeker’s allowance determinations on incomplete evidence15

Where, for the purpose of a decision under section 8 or 10—

a

a determination falls to be made by the Secretary of State as to whether—

i

in relation to any person, the applicable amount falls to be reduced or disregarded to any extent by virtue of section 15 of the Jobseekers Act (persons affected by trade disputes); or

ii

for the purposes of regulation 54(2) to (4) of the Jobseeker’s Allowance Regulations (relevant education), a person is by virtue of that regulation, to be treated as receiving relevant education; and

b

it appears to the Secretary of State that he is not in possession of all of the evidence or information which is relevant for the purposes of such a determination,

he shall make the determination on the assumption that the relevant evidence or information which is not in his possession is adverse to the claimant.

F192Provision of information15A

F7141

~~Where the~~ ~~F664Secretary of State~~ ~~has received an application under section 16 or 17 of the Child Support Act in connection with a previously determined variation which has effect on the maintenance calculation in force,~~ ~~F664the Secretary of State~~ may request further information or evidence from the applicant to enable a decision on that application to be made and any such information or evidence shall be provided within one month of the date of notification of the request, or such longer period as the ~~F664Secretary of State~~ ~~is satisfied is reasonable in the circumstances of the case.~~

2

~~Where any information or evidence requested in accordance with paragraph (1) is not provided within the time limit specified in that paragraph, the~~ ~~F664Secretary of State~~ ~~may, where~~ ~~F664the Secretary of State~~ ~~is able to do so, proceed to make the decision in the absence of that information or evidence.~~

a non-resident parent, or a person treated as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations (persons treated as non-resident parents), whose liability to pay child support maintenance may be affected by any variation agreed;

b

a person with care, or a child to whom section 7 of the Child Support Act applies, where the amount of child support maintenance payable by virtue of a calculation relevant to that person with care or in respect of that child may be affected by any variation agreed.

~~Where an appeal lapses in accordance with section 16(6) or 28F(5) of the Child Support Act, the~~ ~~F682Secretary of State~~ ~~shall, so far as that is reasonably practicable, notify the relevant persons that the appeal has lapsed.~~

Procedure in relation to the adjustment of the amount payable under a maintenance calculation15D

F5771

Where the Secretary of State has adjusted the amount payable under a maintenance calculation under the provisions of regulation 10(1) and (3A) of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations and that maintenance calculation is subsequently replaced by a fresh maintenance calculation made by virtue of a revision under section 16 of the Child Support Act or of a decision under section 17 of that Act superseding an earlier decision, that adjustment shall, subject to paragraph (2), continue to apply to the amount payable under that fresh maintenance calculation unless the Secretary of State is satisfied that such adjustment would not be appropriate in all the circumstances of the case.

2

Where the Secretary of State is satisfied that the adjustment referred to in paragraph (1) would not be appropriate, he may make a decision under section 17 of the Child Support Act, superseding an earlier decision making an adjustment, and—

a

~~the adjustment shall cease; or~~

b

~~he may adjust the amount payable under that fresh maintenance calculation,~~

~~as he sees fit, having regard to the matters specified in regulation 10(1)(b)(i) to (iii) of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations.~~

F225 PART III SUSPENSION, TERMINATION AND OTHER MATTERS

C53CHAPTER ISUSPENSION AND TERMINATION

Annotations:

Modifications etc. (not altering text)

C53

Pt. 3 Ch. 1 applied (5.10.1999) by The Social Security Act 1998 (Commencement No. 10 and Transitional Provisions) Order 1999 (S.I. 1999/2739), art. 3, Sch. 2 para. 13

Suspension in prescribed cases16

1

where the purchase of an annuity under a personal pension scheme has been deferred, the amount of any income which is being withdrawn from the personal pension scheme;

b

in the case of—

i

a personal pension scheme where income withdrawal is available, the maximum amount of income which may be withdrawn from the scheme; or

ii

a personal pension scheme where income withdrawal is not available, or a retirement annuity contract, the maximum amount of income which might be withdrawn from the fund if the fund were held under a personal pension scheme where income withdrawal was available,

calculated by or on behalf of the pension fund holder by means of tables prepared from time to time by the Government Actuary which are appropriate for this purpose.

7

Every person providing childcare in respect of which a claimant to whom regulation 46A of the Family Credit (General) Regulations 1987 applies is incurring relevant childcare charges (within the meaning of that regulation), including a person providing childcare on behalf of a school, local authority, childcare scheme or establishment within paragraph (2)(b), (c) or (d) of that regulation, shall furnish such certificates, documents, information and evidence as may be required by the Board for the purposes of paragraph (1), and shall do so within one month of being required to do so or such longer period as the Board may consider reasonable.

Termination in cases of failure to furnish information or evidence18

F181

~~Subject to paragraphs (2), (3) and (4), the Secretary of State shall decide that where a person—~~

a

~~whose benefit has been suspended in accordance with regulation 16 and who subsequently fails to comply with an information requirement made in pursuance of regulation 17; or~~

b

~~whose benefit has been suspended in accordance with regulation 17(5),~~

~~that person shall cease to be entitled to that benefit from the date on which payment was suspended except where entitlement to benefit ceases on an earlier date other than under this regulation.~~

2

~~Paragraph (1)(a) shall not apply where not more than one month has elapsed since the information requirement was made in pursuance of regulation 17.~~

3

~~Paragraph (1)(b) shall not apply where not more than one month has elapsed since the first payment was suspended in accordance with regulation 17.~~

4

~~Paragraph (1) shall not apply where benefit has been suspended in part under regulation 16 or, as the case may be, regulation 17.~~

F181

Where a claimant—

a

is required by the Board under regulation 17 to furnish information, or evidence, and

b

fails to do so within the period specified by the Board in accordance with that regulation (“the suspension period”),

the Board may, subject to paragraphs (3) and (4), decide to suspend payment of tax credit to or on behalf of the claimant in whole or in part.

2

Where either—

a

a claimant whose benefit has been suspended in whole or in part in accordance with regulation 16 subsequently fails to comply with a requirement for information or evidence made under regulation 17, within the suspension period, or within the period of one month immediately following the suspension period; or

b

~~such liability would be less than would be the case were an appeal not made.~~

5

~~In this regulation—~~

“~~F222non-resident parent” and “parent with care” have the same meaning as in section 54 of the Child Support Act;~~
~~“employed earner” and “self-employed earner” have the same meaning as in section 2(1) of the Contributions and Benefits Act.~~

d

under section 59 of, and Schedule 7 to, the Welfare Reform and Pensions Act 1999 (couples to make joint-claim for jobseeker’s allowance) where one member of the couple is working and the Secretary of State has decided that both members of the couple are not engaged in remunerative workF602; or

e

under, or by virtue of regulations made under, section 23A (contributions credits for relevant parents and carers) of the Contributions and Benefits Act.

Decisions against which no appeal lies27

1

No appeal lies to F522the First-tier Tribunal against a decision set out in Schedule 2.

2

In paragraph (1) and Schedule 2, “decision” includes determinations embodied in or necessary to a decision.

F523 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of decision against which appeal lies28

1

A person with a right of appeal under the Act or these Regulations against any decision of the Secretary of State F72or the Board or an officer of the Board shall—

a

be given written notice of the decision against which the appeal lies;

b

be informed that, in a case where that written notice does not include a statement of the reasons for that decision, he may, within one month of the date of notification of that decision, request that the Secretary of State F72or the Board or an officer of the Board provide him with a written statement of the reasons for that decision; and

c

be given written notice of his right of appeal against that decision.

2

Where a written statement of the reasons for the decision is not included in the written notice of the decision and is requested under paragraph (1)(b), the Secretary of State F72or the Board or an officer of the Board shall provide that statement within 14 days of receipt of the request F321or as soon as practicable afterwards.

F524 Further particulars required relating to certificate of recoverable benefits F449 or, as the case may be, recoverable lump sum payments appeals ... 29

F5251

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5252

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5263

F746Where it appears to the Secretary of State that a notice of appeal in respect of an appeal under the 1997 Act relating to a certificate of recoverable benefits or, as the case may be, recoverable lump sum payments does not contain the particulars required, the Secretary of State may direct the appellant to provide such particulars.

4

~~F746 Where paragraph (3) applies, the time specified for making the appeal~~ F527 ~~... may be extended by such period, not exceeding 14 days from the date of the Secretary of State’s direction under paragraph (3), as the Secretary of State may determine.~~

5

~~F746 Where further particulars~~ F528 ~~... are required under paragraph (3) they shall be sent to or delivered to the Compensation Recovery Unit of the~~ ~~F152 Department for Work and Pensions~~ at ~~F117 Durham House, Washington, Tyne and Wear, NE38 7SF~~ ~~within such period as the Secretary of State may direct.~~

F7476

The Secretary of State may treat any—

a

purported appeal (where, as the result of regulation 9ZB(2) (consideration of review before appeal), there is no right of appeal);

b

appeal relating to the certificate of recoverable benefits; or

c

appeal relating to the certificate of recoverable lump sum payments,

as an application for review under section 10 of the 1997 Act.

GENERAL APPEALS MATTERS INCLUDING CHILD SUPPORT APPEALS

Appeal against a decision which has been F719F205replaced or revised30

1

~~F720An appeal against a decision of the Secretary of State~~ F687~~...~~ ~~F73or the Board or an officer of the Board~~ ~~shall not lapse where the decision~~ ~~F206is 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~~ ~~F207replaced or~~ ~~revised is not more advantageous to the appellant than the decision before it was~~ ~~F208replaced or~~ ~~revised.~~

F720An 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;

F322dd

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 M31 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

~~F721Where a decision as~~ ~~F209replaced 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~~ ~~F210replaced or~~ ~~revised, the appeal shall be treated as though it had been brought against the decision as~~ ~~F211replaced or~~ ~~revised.~~

F721Where 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 ~~F722F212replaced 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 F529First-tier Tribunal shall proceed except where, in the light of the further representations from the appellant, the Secretary of State F688... F74or the Board or an officer of the Board further revises hisF75, or revise their, decision and that decision is more advantageous to the appellant than the decision before it was ~~F722F213replaced or~~ revised.

F193Appeals to F530the First-tier Tribunal in child support cases30A

~~F585Section 20 of the Child Support Act shall apply to any decision~~ F578of the Secretary of State that an adjustment shall cease or with respect to the adjustment of amounts payable under a maintenance calculation for the purpose of taking account of overpayments of child support maintenance and voluntary payments, or a decision under section 17 of that Act, whether as originally made or as revised under section 16 of that Act. F578of the Commission with respect to the adjustment of amounts payable under a maintenance calculation for the purpose of taking account of overpayments of child support maintenance or voluntary payments.

Time within which an appeal is to be broughtF531 31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Late appealsC2 C5 C44 C50 32

F748F5321

~~Where a dispute arises as to whether an appeal was brought within the time specified under Tribunal Procedure Rules the dispute shall be referred to, and determined by, the First-tier Tribunal.~~

2

~~The Secretary of State~~ F689~~... or the Board, as the case may be, may treat a late appeal as made in time in accordance with Tribunal Procedure Rules if the conditions in paragraphs (4) to (8) are satisfied.~~

F5334

~~An appeal may be treated as made in time if the Secretary of State~~F690~~... or the Board, as the case may be, is satisfied that it is in the interests of justice.~~

5

~~For the purposes of paragraph (4) it is not in the interests of justice to~~ ~~F534treat the appeal as made in time unlessF153, the Secretary of State or the Board, as the case may be,~~ ~~is satisfied that—~~

a

~~the special circumstances specified in paragraph (6) are relevant~~ F535 ~~...; or~~

b

~~some other special circumstances exist which are wholly exceptional and relevant~~ F535 ~~...,~~

~~and as a result of those special circumstances, it was not practicable for the~~ ~~F154appeal to be made~~ ~~within the time limit specified in~~ ~~F536Tribunal Procedure Rules~~.

6

~~For the purposes of paragraph (5)(a), the special circumstances are that—~~

a

~~the~~ ~~F537appellant~~ ~~or a~~ ~~F155partner~~ ~~or dependant of the~~ ~~F537appellant~~ ~~has died or suffered serious illness;~~

b

~~the~~ ~~F537appellant~~ ~~is not resident in the United Kingdom; or~~

c

~~normal postal services were disrupted.~~

7

~~In determining whether it is in the interests of justice to~~ ~~F538treat the appeal as made in time~~, ~~F156regard shall be had~~ ~~to the principle that the greater the amount of time that has elapsed between the expiration of the time~~ ~~F539limit under Tribunal Procedure Rules and the submission of the notice of appeal, the more compelling should be the special circumstances.~~

8

~~In determining whether it is in the interests of justice to~~ ~~F540treat the appeal as made in time, no account shall be taken of the following—~~

a

~~that the applicant or any person acting for him was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by~~ ~~F541Tribunal Procedure Rules); or~~

b

~~that~~ ~~F542the Upper Tribunal~~ ~~or a court has taken a different view of the law from that previously understood and applied.~~

F543 9

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F543 10

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F543 11

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

~~no decision has been made under paragraph (8) at the time the form or the further particulars are received by the Secretary of State~~ ~~F761or the Board~~,

~~that form or further particulars shall also be forwarded to the~~ ~~F557First-tier Tribunal which~~ ~~shall take into account any further information or evidence set out in the form or further particulars.~~

F162F11410

~~The Secretary of State or the Board may discontinue action on an appeal where the~~ ~~F558notice of~~ ~~appeal has not been forwarded to the~~ ~~F559First-tier Tribunal~~ ~~and the appellant or an authorised representative of the appellant has given written notice that he does not wish the appeal to continue.~~

Death of a party to an appealC26 C8 C45 C46 C52 34

F7501

~~In any proceedings, on the death of a party to those proceedings (other than the Secretary of State~~ ~~F76or the Board), the Secretary of State~~ ~~F76or the Board~~ ~~may appoint such person as he thinks~~ ~~F78or they think~~ ~~fit to proceed with the appeal in the place of such deceased party.~~

2

~~A grant of probate, confirmation or letters of administration to the estate of the deceased party, whenever taken out, shall have no effect on an appointment made under paragraph (1).~~

3

Where a person appointed under paragraph (1) has, prior to the date of such appointment, taken any action in relation to the appeal on behalf of the deceased party, the effective date of appointment by the Secretary of State ~~F77or the Board~~ ~~shall be the day immediately prior to the first day on which such action was taken.~~

PART V APPEAL TRIBUNALS FOR SOCIAL SECURITY CONTRACTING OUT OF PENSIONS VACCINE DAMAGE AND CHILD SUPPORT

CHAPTER ITHE PANEL AND APPEAL TRIBUNALS

Persons appointed to the panel35

~~F467For the purposes of section 6(3), the panel shall include persons with the qualifications specified in Schedule 3.~~

Composition of appeal tribunalsC9 36

C27 1

~~F467 Subject to the following provisions of this regulation, an appeal tribunal~~ F281 ~~... shall consist of a legally qualified panel member.~~

F2802

Subject to F282paragraphs (3) to (5) F286and (8), an appeal tribunal shall consist of a legally qualified panel member and—

a

~~F467a medically qualified panel member where—~~

i

~~the issue, or one of the issues, raised on the appeal is whether the~~ ~~F283personal capability assessment~~ ~~is satisfied; or~~

ii

~~the appeal is made under section 11(1)(b) of the 1997 Act; or~~

F374F375iii

~~the appeal is made under section 157(1) of the Health and Social Care (Community Health and Standards) Act 2003; or~~

F467 b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F467 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F467 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C27 5

~~F467Where the composition of an appeal tribunal is prescribed under~~ ~~F284paragraph (1), (2)(a)F287or (3)~~, the President may determine that the appeal tribunal shall include such an additional member drawn from the panel constituted under section 6 as he considers appropriate for the purposes of providing further experience for that additional member or for assisting the President in the monitoring of standards of decision making by panel members.

F467 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F467 7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2858

F467A person shall not act as a medically qualified panel member of an appeal tribunal in any appeal if he has at any time advised or prepared a report upon any person whose medical condition is relevant to the issue in the appeal, or has at any time regularly attended such a person.

F288 9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assignment of clerks to appeal tribunals: function of clerks37

F467The Secretary of State shall assign a clerk to service each appeal tribunal and the clerk so assigned shall be responsible for summoning members of the panel constituted under section 6 to serve on the tribunal.

CHAPTER IIPROCEDURE IN CONNECTION WITH DETERMINATION OF APPEALS AND REFERRALS

Consideration and determination of appeals and referralsC10 C28 38

F4671

The procedure in connection with the consideration and determination of an appeal or a referral shall, subject to the following provisions of these Regulations, be such as a legally qualified panel member shall determine.

2

A legally qualified panel member may give directions requiring a party to the proceedings to comply with any provision of these Regulations and may at any stage of the proceedings, either of his own motion or on a written application made to the clerk to the appeal tribunal by any party to the proceedings, give such directions as he may consider necessary or desirable for the just, effective and efficient conduct of the proceedings and may direct any party to the proceedings to provide such particulars or to produce such documents as may be reasonably required.

3

Where a clerk to the appeal tribunal is authorised to take steps in relation to the procedure of the tribunal he may give directions requiring any party to the proceedings to comply with any provision of these Regulations.

F3Appeals raising issues for decision by officers of Inland Revenue38A

~~An appeal may be withdrawn by the appellant or an authorised representative of the appellant and a referral may be withdrawn by the~~ ~~F79Secretary of State~~~~F79the Board or an officer of the Board,, as the case may be, either—~~

a

~~at an oral hearing; or~~

b

~~at any other time before the appeal or referral is determined, by giving notice in writing of withdrawal to the clerk to the appeal tribunal.~~

2

If an appeal or a referral is withdrawn (as the case may be) in accordance with paragraph (1)(a), the clerk to the appeal tribunal shall send a notice in writing to any party to the proceedings who is not present when the appeal or referral is withdrawn, informing him that the appeal or referral (as the case may be) has been withdrawn.

3

If an appeal or a referral is withdrawn (as the case may be) in accordance with paragraph (1)(b), the clerk to the appeal tribunal shall send a notice in writing to every party to the proceedings informing them that the appeal or referral (as the case may be) has been withdrawn.

Medical examination required by appeal tribunalF468 41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-disclosure of medical advice or evidenceC31 C13 42

F4681

Where, in connection with the consideration and determination of an appeal or referral there is before an appeal tribunal medical advice or medical evidence relating to a person which has not been disclosed to him and in the opinion of the chairman, or in the case of an appeal tribunal which has only one member, in the opinion of that member, the disclosure to that person of that advice or evidence would be harmful to his health, such advice or evidence shall not be required to be disclosed to that person.

2

Advice or evidence such as is mentioned in paragraph (1) shall not be disclosed to any person acting for or representing the person to whom it relates or, in a case where a claim for benefit is made by reference to the disability of a person other than the claimant and the advice or evidence relates to that other person, shall not be disclosed to the claimant or any person acting for or representing him, unless the chairman, or in the case of an appeal tribunal which has only one member, that member, is satisfied that it is in the interests of the person to whom the advice or evidence relates to do so.

3

A tribunal shall not be precluded from taking into account for the purposes of the determination advice or evidence which has not been disclosed to a person under the provisions of paragraph (1) or (2).

Summoning of witnesses and administration of oathsC32 C14 43

F4681

A chairman, or in the case of an appeal tribunal which has only one member, that member, may by summons, or in Scotland, by citation, require any person in Great Britain to attend as a witness at a hearing of an appeal, application or referral at such time and place as shall be specified in the summons or citation and, subject to paragraph (2), at the hearing to answer any question or produce any documents in his custody or under his control which relate to any matter in question in the appeal, application or referral but—

a

no person shall be required to attend in obedience to such summons or citation unless he has been given at least 14 days’ notice of the hearing or, if less than 14 days’ notice is given, he has informed the tribunal that the notice given is sufficient; and

b

~~no person shall be required to attend and give evidence or to produce any document in obedience to such summons or citation unless the necessary expenses of attendance are paid or tendered to him.~~

2

No person shall be compelled to give any evidence or produce any document or other material that he could not be compelled to give or produce on a trial of an action in a court of law in that part of Great Britain where the hearing takes place.

3

In exercising the powers conferred by this regulation, the chairman, or in the case of an appeal tribunal which has only one member, that member, shall take into account the need to protect any matter that relates to intimate personal or financial circumstances, is commercially sensitive, consists of information communicated or obtained in confidence or concerns national security.

4

Every summons or citation issued under this regulation shall contain a statement to the effect that the person in question may apply in writing to a chairman to vary or set aside the summons or citation.

5

A chairman, or in the case of an appeal tribunal which has only one member, that member, may require any witness, including a witness summoned under the powers conferred by this regulation, to give evidence on oath or affirmation and for that purpose there may be administered an oath or affirmation in due form.

Confidentiality in child support appeals or referralsF468 44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure following a referral under section 28D(1)(b) of the Child Support ActF468 45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER IIISTRIKING OUT APPEALS

Appeals which may be struck outC15 C33 46

F4681

~~Subject to paragraphs (2) and (3), an appeal may be struck out by the clerk to the appeal tribunal—~~

a

~~where it is an out of jurisdiction appeal and the appellant has been notified by the Secretary of State that an appeal brought against such a decision may be struck out;~~

b

~~for want of prosecution including an appeal not made within the time specified in these Regulations;~~ F290 ~~...~~

c

F292 ... for failure of the appellant to comply with a direction given under these Regulations where the appellant has been notified that failure to comply with the direction could result in the appeal being struck out ~~F291 ; or~~

F293d

~~for failure of the appellant to notify the clerk to the appeal tribunal, in accordance with regulation 39, whether or not he wishes to have an oral hearing of his appeal.~~

2

Where the clerk to the appeal tribunal determines to strike out the appeal, he shall notify the appellant that his appeal has been struck out and of the procedure for reinstatement of the appeal as specified in regulation 47.

3

The clerk to the appeal tribunal may refer any matter for determination under this regulation to a legally qualified panel member for decision by the panel member rather than the clerk to the appeal tribunal.

F294 4

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

Reinstatement of struck out appealsC34 C16 47

F468F1641

~~The clerk to the appeal tribunal may reinstate an appeal which has been struck out in accordance with regulation~~ ~~F29546(1)(d)~~ ~~where—~~

a

~~the appellant has made representations to him or, as the case may be, further representations in support of his appeal with reasons why he considers that his appeal should not have been struck out;~~

b

~~the representations are made in writing within one month of the order to strike out the appeal being issued; and~~

c

~~the clerk is satisfied in the light of those representations that there are reasonable grounds for reinstating the appeal~~

~~any party to the proceedings shall be entitled to be present and be heard; and~~

b

~~the following persons may be present by means of a live television link—~~

i

~~a party to the proceedings or his representative or both; or~~

ii

~~where an appeal tribunal consists of more than one member, a tribunal member other than the chairman,~~

~~provided that the person who constitutes or is the chairman of the tribunal gives permission~~ F323 ~~... .~~

8

A person who has the right to be heard at a hearing may be accompanied and may be represented by another person whether having professional qualifications or not and, for the purposes of the proceedings at the hearing, any such representative shall have all the rights and powers to which the person whom he represents is entitled.

9

~~The following persons shall also be entitled to be present at an oral hearing (whether or not it is otherwise in private) but shall take no part in the proceedings—~~

a

~~the President;~~

b

~~any person undergoing training as a chairman or~~ F168 ~~... member of an appeal tribunal or as a clerk to an appeal tribunal;~~

c

~~any person acting on behalf of the President in the training or supervision of panel members or in the monitoring of standards of decision-making by panel members;~~

d

~~with the leave of the chairman, or in the case of an appeal tribunal which has only one member, with the leave of that member,~~ F169 ~~... any other person; and~~

e

~~a member of the Council on Tribunals or of the Scottish Committee of the Council on Tribunals.~~

F17010

~~Nothing in paragraph (9) affects the rights of—~~

a

~~any person mentioned in sub-paragraphs (a) and (b) of that paragraph where he is sitting as a member of a tribunal or acting as its clerk; or~~

b

~~the clerk to the tribunal,~~

and nothing in this regulation prevents the presence at an oral hearing of any witness or of any person whom the chairman, or in the case of an appeal tribunal which has only one member, that member, permits to be present in order to assist the appeal tribunal or the clerk.

11

~~Any person entitled to be heard at an oral hearing may address the tribunal, may give evidence, may call witnesses and may put questions directly to any other person called as a witness.~~

12

For the purpose of arriving at its decision an appeal tribunal shall, and for the purpose of discussing any question of procedure may, notwithstanding anything contained in these Regulations, order all persons not being members of the tribunal, other than the person acting as clerk to the appeal tribunal, to withdraw from the hearing except that—

a

~~a member of the Council on Tribunals or of the Scottish Committee of the Council on Tribunals, the President or any person mentioned in paragraph (9)(c); and~~

b

~~with the leave of the chairman, or in the case of an appeal tribunal which has only one member, with the leave of that member, any person mentioned in paragraph (9)(b) or (d),~~

~~may remain present at any such sitting.~~

F17113

In this regulation “live television link” means a live television link or other facilities which allow a person who is not physically present at an oral hearing to see and hear proceedings and be seen and heard by those physically present.

Manner of providing expert assistanceF469 50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Postponement and adjournmentC18 C36 51

F4691

Where a person to whom notice of an oral hearing is given wishes to request a postponement of that hearing he shall do so in writing to the clerk to the appeal tribunal stating his reasons for the request, and the clerk to the appeal tribunal may grant or refuse the request as he thinks fit or may pass the request to a legally qualified panel member who may grant or refuse the request as he thinks fit.

2

~~Where the clerk to the appeal tribunal or the panel member, as the case may be, refuses a request to postpone the hearing he shall—~~

a

~~notify in writing the person making the request of the refusal; and~~

b

~~place before the appeal tribunal at the hearing both the request for the postponement and notification of its refusal.~~

3

~~A panel member or the clerk to the appeal tribunal may of his own motion at any time before the beginning of the hearing postpone the hearing.~~

4

~~An oral hearing may be adjourned by the appeal tribunal at any time on the application of any party to the proceedings or of its own motion.~~

F172 5

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

Physical examinations at oral hearingsF469 52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER VDECISIONS OF APPEAL TRIBUNALS AND RELATED MATTERS

APPEAL TRIBUNAL DECISIONS

Decisions of appeal tribunalsC37 C19 53

F4691

~~Every decision of an appeal tribunal shall be recorded in summary by the chairman, or in the case of an appeal tribunal which has only one member, by that member.~~

2

The decision notice specified in paragraph (1) shall be in such written form as shall have been approved by the President and shall be signed by the chairman, or in the case of an appeal tribunal which has only one member, by that member.

3

~~As soon as may be practicable after an appeal or referral has been decided by an appeal tribunal, a copy of the decision notice~~ F324 ~~... shall be sent or given to every party to the proceedings who shall also be informed of—~~

a

~~his right under paragraph (4); and~~

F83b

~~except in the case of an appeal under the Vaccine Damage Payments Act, the conditions governing appeals to a Commissioner.~~

F1734

~~F325Subject to paragraph (4A),~~ a party to the proceedings may apply in writing to the clerk to the appeal tribunal for a statement of the reasons for the tribunal’s decision within one month of the sending or giving of the decision notice to every party to the proceedings or within such longer period as may be allowed in accordance with regulation 54 and following that application the chairman, or in the case of a tribunal with only one member, that member shall record a statement of the reasons and a copy of that statement shall be given to every party to the proceedings as soon as may be practicable.

F3264A

~~Where—~~

a

~~the decision notice is corrected in accordance with regulation 56; or~~

b

~~an application under regulation 57 for the decision to be set aside is refused for reasons other than a refusal to extend the time for making the application,~~

~~the period specified in paragraph (4) shall run from the date on which notice of the correction or the refusal of the application for setting aside is sent to the applicant.~~

5

If the decision is not unanimous, the decision notice specified in paragraph (1) shall record that one of the members dissented and the statement of reasons referred to in paragraph (4) shall include the reasons given by the dissenting member for dissenting.

Late applications for a statement of reasons of tribunal decisionC38 C20 54

F4691

~~The time for making an application for~~ F327 ~~... the statement of the reasons for a tribunal’s decision may be extended where the conditions specified in paragraphs (2) to (8) are satisfied, but~~ ~~F328 , subject to~~ ~~F329 regulation 53(4A)~~ , ~~no application shall in any event be brought more than three months after the date of the sending or giving of the notice of the decision of the appeal tribunal.~~

2

~~An application for an extension of time under this regulation shall be made in writing and shall be determined by a legally qualified panel member.~~

3

An application under this regulation shall contain particulars of the grounds on which the extension of time is sought, including details of any relevant special circumstances for the purposes of paragraph (4).

4

~~The application for an extension of time shall not be granted unless the panel member is satisfied that it is in the interests of justice for the application to be granted.~~

5

~~For the purposes of paragraph (4) it is not in the interests of justice to grant the application unless the panel member is satisfied that—~~

a

~~the special circumstances specified in paragraph (6) are relevant to the application; or~~

b

~~some other special circumstances are relevant to the application,~~

~~and as a result of those special circumstances it was not practicable for the application to be made within the time limit specified in regulation 53(4).~~

6

~~For the purposes of paragraph (5)(a), the special circumstances are that—~~

a

~~the applicant or a~~ ~~F174partner~~ ~~or dependant of the applicant has died or suffered serious illness;~~

b

~~the applicant is not resident in the United Kingdom; or~~

c

~~normal postal services were adversely disrupted.~~

7

In determining whether it is in the interests of justice to grant the application, the panel member shall have regard to the principle that the greater the amount of time that has elapsed between the expiration of the time within which the application for a copy of the statement of reasons for a tribunal’s decision is to be made and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application is based.

8

~~In determining whether it is in the interests of justice to grant the application, no account shall be taken of the following—~~

a

that the person making the application or any person acting for him was unaware of, or misunderstood, the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or

b

~~that a Commissioner or a court has taken a different view of the law from that previously understood and applied.~~

9

~~An application under this regulation for an extension of time which has been refused may not be renewed.~~

10

~~The panel member who determines the application shall record a summary of his~~ ~~F175determination~~ ~~in such written form as has been approved by the President.~~

11

~~As soon as practicable after the~~ ~~F175determination~~ ~~is made~~ ~~F176notice~~ ~~of the decision shall be sent or given to every party to the proceedings.~~

12

~~Any person who under paragraph (11) receives~~ ~~F177notice~~ ~~of the~~ ~~F175determination~~ ~~may, within one month of the decision being sent to him, apply in writing for a copy of the reasons for that decision and a copy shall be supplied to him.~~

F330 13

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

Record of tribunal proceedingsC21 C39 55

F4691

A record of the proceedings at an oral hearing, which is sufficient to indicate the evidence taken, shall be made by the chairman, or in the case of an appeal tribunal which has only one member, by that member, in such medium as he may direct.

F3312

~~The clerk to the appeal tribunal shall preserve—~~

a

~~the record of proceedings;~~

b

~~the decision notice; and~~

c

~~any statement of the reasons for the tribunal’s decision,~~

~~for the period specified in paragraph (3).~~

3

~~That period is six months from the date of—~~

a

~~the decision made by the appeal tribunal;~~

b

~~any statement of reasons for the tribunal’s decision;~~

c

~~any correction of the decision in accordance with regulation 56;~~

d

~~any refusal to set aside the decision in accordance with regulation 57; or~~

e

~~any determination of an application under regulation 58 for leave to appeal against the decision,~~

or until the date on which those documents are sent to the office of the Social Security and Child Support Commissioners in connection with an appeal against the decision or an application to a Commissioner for leave to appeal, if that occurs within the six months.

4

~~Any party to the proceedings may within the time specified in paragraph (3) apply in writing for a copy of the record of proceedings and a copy shall be supplied to him.~~

Correction of accidental errorsC40 C22 56

F4691

~~The clerk to the appeal tribunal~~ ~~F332or a legally qualified panel member~~ ~~that member, may at any time correct accidental errors in~~ ~~F333the notice of any decision~~ ~~of an appeal tribunal made under a relevant enactment, the Child Support Act or the Vaccine Damage Payments Act.~~

F3342

~~A correction made to a decision notice shall be deemed to be part of the decision notice and written notice of the correction shall be given as soon as practicable to every party to the proceedings.~~

3

~~In this regulation and regulation 57, “relevant enactment” has the same meaning as in section 28(3).~~

Setting aside decisions on certain groundsC41 C23 57

F4691

On an application made by a party to the proceedings, a decision of an appeal tribunal made under a relevant enactment, the Child Support Act or the Vaccine Damage Payments Act, may be set aside by a legally qualified panel member in a case where it appears just to set the decision aside on the ground that—

a

a document relating to the proceedings in which the decision was made was not sent to, or was not received at an appropriate time by, a party to the proceedings or the party’s representative or was not received at an appropriate time by the person who made the decision;

b

~~a party to the proceedings in which the decision was made or the party’s representative was not present at a hearing relating to the proceedings.~~

2

In determining whether it is just to set aside a decision on the ground set out in paragraph (1)(b), the panel member shall determine whether the party making the application gave notice that he wished to have an oral hearing, and if that party did not give such notice the decision shall not be set aside unless F135 ~~... that member is satisfied that the interests of justice manifestly so require.~~

F1363

~~An application under this regulation shall—~~

a

~~be made within one month of the date on which—~~

i

~~a copy of the decision notice is sent or given to the parties to the proceedings in accordance with regulation 53(3); or~~

ii

~~and as a result of those special circumstances, it was not practicable for the application to set aside to be made within the time limit specified in paragraph (3)(a).~~

10

~~For the purposes of paragraph (9)(a) the special circumstances are that—~~

a

~~the applicant or a partner or dependant of the applicant has died or suffered serious illness;~~

b

~~the applicant is not resident in the United Kingdom; or~~

c

~~normal postal services were disrupted.~~

11

In determining whether it is in the interests of justice to grant an application for an extension of time, the panel member shall have regard to the principle that the greater the amount of time that has elapsed between the expiry of the time within which the application to set aside is to be made and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application for an extension is based.

12

~~An application under this regulation for an extension of time which has been refused may not be renewed.~~

F100F138Provisions common to regulations 56 and 5757A

F336F469 1

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

2

~~There shall be no appeal against a correction made under regulation 56 or a refusal to make such a correction or against a determination made under regulation 57.~~

3

~~Nothing in this Chapter shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from these Regulations.~~

F305Service of decision notice by electronic mail57AA

~~F469For the purposes of the time limits in regulations 53 to 57, a properly addressed copy of a decision notice sent by electronic mail is effective from the date it is sent.~~

F306 Interpretation of Chapter V57B

F4691

~~In Chapter V, except in regulations 58 and 58A—~~

~~“Commissioner” includes Child Support Commissioner;~~
~~“decision” includes a determination on a referral.~~

2

~~In Chapter V—~~

~~“decision notice” has the meaning given in regulation 53(1) and (2).~~

APPLICATIONS FOR LEAVE TO APPEAL TO A COMMISSIONER (NOT INCLUDING CHILD SUPPORT)

Application for leave to appeal to a Commissioner from an appeal tribunalC24 C42 58

F4691

~~F337Subject to paragraph (1A),~~ ~~an application for leave to appeal to a Commissioner from a decision of an appeal tribunal under~~ ~~F178section 13 of the 1997 Act or under~~ ~~section 12 or 13 shall—~~

a

be ~~F179sent to the clerk to the appeal tribunal within the period of one month of the date of the applicant being sent~~ ~~a written statement of the reasons for the decision against which leave to appeal is sought; and~~

F338b

~~be in writing and signed by the applicant or, where he has given written authority to a representative to make the application on his behalf, by that representative;~~

c

~~contain particulars of the grounds on which the applicant intends to rely;~~

d

~~contain sufficient particulars of the decision of the appeal tribunal to enable the decision to be identified; and~~

e

~~if the application is made late, contain the grounds for seeking late acceptance.~~

F3391A

~~Where after the written statement of the reasons for the decision has been sent to the parties to the proceedings—~~

a

~~the decision notice is corrected in accordance with regulation 56; or~~

b

~~an application under regulation 57 for the decision to be set aside is refused for reasons other than a refusal to extend the time for making the application,~~

~~the period specified in paragraph (1)(a) shall run from the date on which notice of the correction or the refusal of the application for setting aside is sent to the applicant.~~

2

~~Where an application for leave to appeal to a Commissioner is made by the Secretary of State~~ ~~F80or the Board, the clerk to an appeal tribunal shall, as soon as may be practicable, send a copy of the application to every other party to the proceedings.~~

F180 3

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F1814

~~A person determining an application for leave to appeal to a Commissioner shall record his determination in writing and send a copy to every party to the proceedings.~~

5

~~Where there has been a failure to apply for leave to appeal within the period of time specified in paragraph (1)(a)~~ ~~F340or (1A)~~ but an application is made within one year of the last date for making an application within that period, a legally qualified panel member may, if for special reasons he thinks fit, accept and proceed to consider and determine the application.

F1826

~~Where an application for leave to appeal against a decision of an appeal tribunal is made—~~

a

if the person who constituted, or was the chairman of, the appeal tribunal when the decision was given was a fee-paid legally qualified panel member, the application may be determined by a salaried legally qualified panel member; or

b

if it is impracticable, or it would be likely to cause undue delay, for the application to be determined by whoever constituted, or was the chairman of, the appeal tribunal when the decision was given, the application may be determined by another legally qualified panel member.

F307Appeal to F563the Upper Tribunal by a partner58A

A partner within the meaning of section 2AA(7) of the Administration Act (full entitlement to certain benefits conditional on work-focused interview for partner) may appeal to F564the Upper Tribunal under section 14 from a decision of F565the First-tier Tribunal in respect of a decision specified in section 2B(2A) and (6) of the Administration Act .

PART VI REVOCATIONS

Revocations59

1

The Regulations listed in column (2) of Schedule 4 are hereby revoked to the extent specified in column (3) of that Schedule.

2

Notwithstanding their revocation for particular purposes, the Regulations listed in column (2) of Schedule 4 shall continue to have full effect up to and including 28th November 1999 in relation to any benefit to which these Regulations do not apply for the time being by virtue of regulation 1(2).

3

So much of any document as refers expressly or by implication to any regulation revoked by paragraph (1) shall, in so far as the context permits, for the purposes of these Regulations be treated as referring to the corresponding provision of these Regulations.

Signed by authority of the Secretary of State for Social Security.

Angela EagleParliamentary Under-Secretary of State,Department of Social Security

I concur

Irvine of LairgLord Chancellor

SCHEDULE 1 Provisions conferring powers exercised in making these Regulations

Annotations:

Marginal Citations

M32

M33

M34

M35

M36

M37

Column (1)		Column (2)
Provision		Relevant Amendments
Vaccine Damage Payments Act 1979 M32	Section 4(2) and (3)	The Act, Section 46.
	Section 7A(1)	The Act, Section 47.
Child Support Act 1991 M33	Section 16(6)	The Act, Section 40.
	Section 20(5) and (6)	The Act, Section 42.
	Section 28ZA(2)(b) and (4)(c)	The Act, Section 43.
	Section 28ZB(6)(c)	The Act, Section 43.
	Section 28ZC(7)	The Act, Section 44.
	Section 28ZD(1) and (2)	The Act, Section 44.
	Section 46B	The Act, Schedule 7, paragraph 44.
	Section 51(2)	The Act, Schedule 7, paragraph 46.
	Schedule 4A, paragraph 8	The Act, Schedule 7, paragraph 53.
Social Security Administration Act 1992 M34	Section 5(1)(hh)	The Act, Section 74.
	Section 159	The Act, Schedule 7, paragraph 95.
	Section 159A	The Act, Schedule 7, paragraph 96.
Pension Schemes Act 1993 M35	Section 170(3)	The Act, Schedule 7, paragraph 131.
Social Security (Recovery of Benefits) Act 1997 M36	Section 10	The Act, Schedule 7, paragraph 149.
	Section 11(5)
Social Security Act 1998 M37	Section 6(3)
	Section 7(6)
	Section 9(1), (4) and (6)
	Section 10(3) and (6)
	Section 11(1)
	Section 12(2) and (3), (6) and (7)
	Section 14(10)(a) and (11)
	Section 16(1) and Schedule 5
	Section 17
	Section 18(1)
	Section 20
	Section 21(1) to (3)
	Section 22
	Section 23
	Section 24
	Section 25(3)(b) and (5)(c)
	Section 26(6)(c)
	Section 28(1)
	Section 31(2)
	Section 79(1) and (3) to (7)
	Section 84
	Schedule 1, paragraphs 7, 11 and 12
	Schedule 2, paragraph 9
	Schedule 3, paragraphs 1, 4 and 9

F226 SCHEDULE 2 Decisions against which no appeal lies

Regulation 27

Annotations:

Amendments (Textual)

F226

Sch. 2 revoked (7.4.2003 for specified purposes and with effect in accordance with reg. 1(2)) by The Child Benefit and Guardian s Allowance (Decisions and Appeals) Regulations 2003 (S.I. 2003/916), regs. 1(1), 34(a) (with reg. 35)

Child Benefit

1

A decision of the Secretary of State as to whether an educational establishment be recognised for the purposes of Part IX of the Contributions and Benefits Act.

2

A decision of the Secretary of State to recognise education provided otherwise than at a recognised educational establishment.

3

A decision of the Secretary of State made in accordance with the discretion conferred upon him by the following provisions of the Child Benefit (Residence and Persons Abroad) Regulations 1976 M38 —

a

regulation 2(2)(c)(iii) (decision relating to a child’s temporary absence abroad);

b

regulation 7(3) (certain days of absence abroad disregarded).

4

A decision of the Secretary of State made in accordance with the discretion conferred upon him by regulation 2(1) or (3) of the Child Benefit (General) Regulations 1976 M39 (provisions relating to contributions and expenses in respect of a child).

Claims and Payments

F1395

A decision, being a decision of the Secretary of State unless specified below as a decision of the Board, under the following provisions of the Claims and Payments Regulations—

a

F299regulation 4(3) or (3B) (which partner should make a claim for income support or jobseeker’s allowance);

F444aa

regulation 4I (which partner should make a claim for an employment and support allowance);

F300 b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F304F257bb

regulation 4D(7) (which partner should make a claim for state pension credit);

F301 c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F302 d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F303 e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f

regulation 7 (decision by the Secretary of State or the Board as to evidence and information required);

g

regulation 9 and Schedule 1 (decision by the Secretary of State or the Board as to interchange of claims with claims for other benefits);

h

regulation 11 (treating claim for maternity allowance as claim for incapacity benefit F445or employment and support allowance);

i

regulation 15(7) (approving form of particulars required for determination of retirement pension questions in advance of claim);

j

regulations 20 to 24 (decision by the Secretary of State or the Board as to the time or manner of payments);

k

regulation 25(1) (intervals of payment of attendance allowance and disability living allowance where claimant is expected to return to hospital);

l

regulation 26 (manner and time of payment of income support);

m

regulation 26A (time and intervals of payment of jobseeker’s allowance);

F258mm

regulation 26B (payment of state pension credit);

F446mn

regulation 26C (manner and time of payment of employment and support allowance);

n

regulation 27(1) and (1A) (decision by the Board as to manner and time of payment of tax credits);

o

regulation 30 (decision by the Secretary of State or the Board as to claims or payments after death of claimant);

p

regulation 30A (payment of arrears of joint-claim jobseeker’s allowance where nominated person can no longer be traced);

q

regulation 31 (time and manner of payments of industrial injuries gratuities);

r

regulation 32 (decision by the Secretary of State or the Board as to information to be given when obtaining payment of benefit);

s

regulation 33 (appointments by the Secretary of State or the Board where person unable to act);

t

regulation 34 (decision by the Secretary of State or the Board as to paying another person on the beneficiary’s behalf);

u

regulation 34A(1) (payment, out of benefit, of mortgage interest to qualifying lender);

v

regulation 35(2) (payment to third person of maternity expenses or expenses for heating in cold weather);

w

regulation 36 (decision by the Secretary of State or the Board to pay partner as alternative payee);

x

regulation 38 (decision by the Secretary of State or the Board as to the extinguishment of right to payment of sums by way of benefit where payment not obtained within the prescribed period, except a decision under paragraph (2A) (payment request after expiration of prescribed period));

y

regulations 42 to 46 (mobility component of disability living allowance and disability living allowance for children);

z

regulation 47(2) and (3) (return of instruments of payment etc. to the Secretary of State or the Board).

Contracted Out Pension Schemes

6

A decision of the Secretary of State under section 109 of the Pension Schemes Act 1993 M40 or any Order made under it (annual increase of guaranteed minimum pensions).

Decisions depending on other cases

7

A decision of the Secretary of State under section 25 or 26 (decisions and appeals depending on other cases).

Deductions

8

A decision which falls to be made by the Secretary of State under the Fines (Deductions from Income Support) Regulations 1992 M41 , other than F87 a decision whether benefit is sufficient for a deduction to be made .

9

1

Except in relation to a decision to which sub-paragraph (2) applies, any decision of the Secretary of State under the Community Charges (Deductions from Income Support) (No.2) Regulations 1990 M42 , the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 M43 or the Council Tax (Deductions from Income Support) Regulations 1993 M44 .

2

This sub-paragraph applies to a decision—

a

whether there is an outstanding sum due of the amount sought to be deducted;

b

whether benefit is sufficient for a deduction to be made; and

c

on the priority to be given to any deduction.

European Community Regulations

10

An authorization given by the Secretary of State in accordance with article 22(1) or 55(1) of Council Regulation ( EEC ) No. 1408/71 M45 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community.

Expenses

11

A decision of the Secretary of State whether to pay expenses to any person under section 180 of the Administration Act.

Guardian’s Allowance

12

A decision of the Secretary of State relating to the giving of a notice under regulation 5(8) of the Social Security (Guardian’s Allowance) Regulations 1975 M46 (children whose surviving parents are in prison or legal custody).

Income Support

13

A decision of the Secretary of State F115 ... made in accordance with paragraph (1) or (2) of regulation 13 (income support and social fund determinations on incomplete evidence).

F227State pension credit

Annotations:

Amendments (Textual)

F227

Sch. 2 para. 13A and cross-heading inserted (7.4.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 21

13A

A decision of the Secretary of State made in accordance with paragraph (1) or (3) of regulation 13 in relation to state pension credit (determination on incomplete evidence).

Industrial Injuries Benefit

14

A decision of the Secretary of State relating to the question whether—

a

disablement pension be increased under section 104 of the Contributions and Benefits Act (constant attendance); or

b

disablement pension be further increased under section 105 of the Contributions and Benefits Act (exceptionally severe disablement);

and if an increase is to be granted or renewed, the period for which and the amount at which it is payable.

15

A decision of the Secretary of State under regulation 2(2) of the Social Security (Industrial Injuries and Diseases) Miscellaneous Provisions Regulations 1986 M47 as to the length of any period of interruption of education which is to be disregarded.

16

A decision of the Secretary of State to approve or not to approve a person undertaking work for the purposes of regulation 17 of the Social Security (General Benefit) Regulations 1982 M48 .

17

A decision of the Secretary of State as to how the limitations under Part VI of Schedule 7 to the Contributions and Benefits Act on the benefit payable in respect of any death are to be applied in the circumstances of any case.

Invalid Vehicle Scheme

18

A decision of the Secretary of State relating to the issue of certificates under regulation 13 of, and Schedule 2 to, the Social Security (Disability Living Allowance) Regulations 1991 M49 .

Jobseeker’s Allowance

19

1

A decision of the Secretary of State under Chapter IV of Part II of the Jobseeker’s Allowance Regulations as to the day and the time a claimant is to attend at a job centre.

2

A decision of the Secretary of State as to the day of the week on which a claimant is required to provide a signed declaration under regulation 24(10) of the Jobseeker’s Allowance Regulations.

3

A decision of the Secretary of State F116 ... made in accordance with regulation 15 (Jobseeker’s allowance determinations on incomplete evidence).

F140Loss of Benefit for Breach of Community Order

Annotations:

Amendments (Textual)

F140

and cross-heading inserted (20.5.2002) by Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1379) , regs. 1(1) , 21(b)

F59019A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payments on Account, Overpayments and Recovery

20

A decision of the Secretary of State under the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 M50 , except a decision of the Secretary of State under the following provisions of those Regulations—

a

~~F725regulation 3(1)(a) to offset any interim payment made in anticipation of an award of benefit;~~

b

~~F725regulation 4(1) as to the overpayment of an interim payment;~~

c

regulation 5 as to the offsetting of a prior payment against a subsequent award;

d

regulation 11(1) as to whether a payment in excess of entitlement has been credited to a bank or other account;

e

regulation 13 as to the sums to be deducted in calculating recoverable amounts;

f

regulation 14(1) as to the treatment of capital to be reduced;

g

regulation 19 determining a claimant’s protected earnings; and

h

regulation 24 whether a determination as to a claimant’s protected earnings is revised or superseded.

F72420A

A decision of the Secretary of State under the Social Security (Payments on Account of Benefit) Regulations 2013 except a decision under regulation 10 of those Regulations.

Persons Abroad

21

A decision of the Secretary of State made under—

a

regulation 2(1)(a) of the Social Security Benefit (Persons Abroad) Regulations 1975 M51 whether to certify that it is consistent with the proper administration of the Contributions and Benefits Act that a disqualification under section 113(1)(a) of that Act should not apply;

b

regulation 9(4) or (5) of those Regulations whether to allow a person to avoid disqualification for receiving benefit during a period of temporary absence from Great Britain longer than that specified in the regulation.

Reciprocal Agreements

22

A decision of the Secretary of State made in accordance with an Order made under section 179 of the Administration Act (reciprocal agreements with countries outside the United Kingdom).

Social Fund Awards

23

A decision of the Secretary of State under section 78 of the Administration Act relating to the recovery of social fund awards.

Suspension

24

A decision of the Secretary of State relating to the suspension of a relevant benefit or to the payment of such a benefit which has been suspended under Part III.

Up-rating

25

A decision of the Secretary of State relating to the up-rating of benefits under Part X of the Administration Act.

F9226

Any decision treated as a decision of the Secretary of State whether or not to waive or defer a work-focused interview.

F125Loss of benefit

Annotations:

Amendments (Textual)

F125

Sch. 2 para. 27 added (1.4.2002) by Social Security (Loss of Benefit) Regulations 2001 (S.I. 2001/4022) , regs. 1(1) , 21

F59127

1

In the circumstances referred to in sub-paragraph (2), a decision of the Secretary of State that a sanctionable benefit as defined in section 6A(1) of the Social Security Fraud Act 2001 is not payable (or is to be reduced) pursuant to section 6B, 7, 8 or 9 of that Act as a result of—

a

a conviction for one or more benefit offences in one set of proceedings;

b

an agreement to pay a penalty under section 115A of the Administration Act (penalty as alternative to prosecution) or section 109A of the Social Security Administration (Northern Ireland) Act 1992 (the corresponding provision for Northern Ireland) in relation to a benefit offence;

c

a caution in respect of one or more benefit offences; or

d

a conviction for one or more benefit offences in each of two sets of proceedings, the later offence or offences being committed within the period of 5 years after the date of any of the convictions for a benefit offence in the earlier proceedings.

2

The circumstances are that the only ground of appeal is that any of the convictions was erroneous, or that the offender (as defined in section 6B(1) of the Social Security Fraud Act 2001) did not commit the benefit offence in respect of which there has been an agreement to pay a penalty or a caution has been accepted.

C25 C43SCHEDULE 3 Qualifications of Persons Appointed to the Panel

Regulations 1(3) and 35

Annotations:

Modifications etc. (not altering text)

C25

Sch. 3 applied (mods) (29.1.2007) by Personal Injuries (NHS Charges) (Reviews and Appeals) and Road Traffic (NHS Charges) (Reviews and Appeals) (Amendment) Regulations 2006 (S.I. 2006/3398), regs. 1(1), 8

C43

Sch. 3 applied (with modifications) (29.1.2007) by Personal Injuries (NHS Charges) (Reviews and Appeals) (Scotland) Regulations 2006 (S.S.I. 2006/593), regs. 1(1), 8 (with reg. 8(4))

F470Legal Qualifications

Annotations:

Amendments (Textual)

F470

Sch. 3 omitted (3.11.2008) by virtue of Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 128 (with arts. 3(2)(d), 4)

1

~~Persons who—~~

a

~~have a general qualification (construed in accordance with section 71 of the Courts and Legal Services Act 1990~~ M52 ~~); or~~

b

~~are advocates or solicitors in Scotland.~~

Medical Qualifications

2

F341 ~~... Registered medical practitioners, where—~~

F342a

~~the practitioner is a citizen of an~~ ~~EEA~~ ~~state and his name appears on a medical specialist register maintained in an~~ ~~EEA~~ ~~state in accordance with the Medical Directive, or he is a Swiss citizen with equivalent qualifications; or~~

b

~~the practitioner holds a vocational training certificate or a certificate of acquired rights in an~~ ~~EEA~~ ~~State other than the United Kingdom which must in his case be recognised in the United Kingdom by virtue of the Medical Directive (whether or not as read with the~~ ~~EEA~~ ~~Agreement) or by virtue of an enforceable community right; or~~

F343c

the practitioner does not satisfy the requirements of sub-paragraph (a) or (b) above, but has not less than 10 years experience in clinical practice, or as a medical disability analyst in disciplines which are the same or similar to those undertaken by practitioners to whom those sub-paragraphs apply.

3

~~In paragraph 2 above and in this paragraph—~~

“ ~~EEA~~ ~~Agreement” means the Agreement of the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993~~ M53 ;
“ ~~EEA~~ ~~State” means a state which is a contracting party to the~~ ~~EEA~~ ~~Agreement;~~
~~“Medical Directive” means Council Directive~~ ~~93/16/~~ ~~EEC~~ ~~of 5th April 1993 to facilitate the free movement of doctors and the mutual recognitions of their diplomas, certificates and other evidence of formal qualifications~~ M54~~, as amended by Council Directive~~ ~~97/50/~~ EC ~~of 6th October 1997~~ M55~~F344, or any directive which replaces Directive~~ ~~93/16/~~ ~~EEC~~;
“Vocational training certificate” means a diploma, certificate or other evidence of formal qualifications awarded on completion of a course of specific training in general medical practice and referred to in article 30 of the Medical Directive.

Financial Qualifications

4

~~Accountants who are members of—~~

a

~~the Institute of Chartered Accountants in England and Wales;~~

b

~~the Institute of Chartered Accountants in Scotland;~~

c

~~the Institute of Chartered Accountants in Ireland;~~

F183cc

~~the Institute of Certified Public Accountants in Ireland;~~

d

~~the Association of Chartered Certified Accountants;~~

e

~~the Chartered Institute of Management Accountants; or~~

f

~~the Chartered Institute of Public Finance and Accountancy.~~

Disability Qualifications

5

~~Persons, other than registered medical practitioners, who are experienced in dealing with the needs of disabled persons—~~

a

~~in a professional or voluntary capacity; or~~

b

~~because they are themselves disabled.~~

F101SCHEDULE 3A

Regulation 7(1)(a)

Annotations:

Amendments (Textual)

F101

Sch. 3A inserted (19.6.2000) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/1596) , regs. 1(1) , 35

Date F308from which superseding decision takes effect where a claimant is in receipt of income support or jobseeker’s allowance.

Income Support1

Subject to paragraphs 2 to 6, where the amount of income support payable under an award is changed by a superseding decision made on the ground of a change of circumstances, that superseding decision shall take effect—

a

where income support is paid in arrears, from the first day of the benefit week in which the relevant change of circumstances occurs or is expected to occur; or

b

where income support is paid in advance, from the date of the relevant change of circumstances, or the day on which the relevant change of circumstances is expected to occur, if either of those days is the first day of the benefit week and otherwise from the next following such day,

and for the purposes of this paragraph any period of residence in temporary accommodation under arrangements for training made under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 for a period which is expected to last for seven days or less shall not be regarded as a change of circumstances.

2

In the cases set out in paragraph 3, the superseding decision shall take effect from the day on which the relevant change of circumstances occurs or is expected to occur.

3

The cases referred to in paragraph 2 are where—

a

income support is paid in arrears and entitlement ends, or is expected to end, for a reason other than that the claimant no longer satisfies the provisions of section 124(1)(b) of the Contributions and Benefits Act;

F131aa

income support is being paid from 8th April 2002 to persons who, immediately before that day, had a preserved right for the purposes of the Income Support Regulations;

b

a child or young person referred to in regulation 16(6) of the Income Support Regulations (child in care of local authority or detained in custody) lives, or is expected to live, with the claimant for part only of the benefit week;

F345 c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

a person referred to in paragraph 1, 2, 3 or 18 of Schedule 7 to the Income Support Regulations—

i

ceases, or is expected to cease, to be a patient; or

ii

that superseding decision shall take effect—

i

where the relevant change has occurred, from the first day of the benefit week following that in which that superseding decision is made; or

ii

where the relevant change is expected to occur, from the first day of the benefit week following that in which that change of circumstances is expected to occur.

6

Where—

a

a superseding decision (“the former supersession") was made on the ground of a relevant change of circumstances in the cases set out in paragraphs 3(b) to (g); and

b

that superseding decision is itself superseded by a subsequent decision because the circumstances which gave rise to the former supersession cease to apply (“the second change"), that subsequent decision shall take effect from the date of the second change.

Jobseeker’s Allowance7

Subject to paragraphs 8 to 11, where a decision in respect of a claim for jobseeker’s allowance is superseded on the ground that there has been or there is expected to be, a relevant change of circumstances, the supersession shall take effect from the first day of the benefit week (as defined in regulation 1(3) of the Jobseeker’s Allowance Regulations) in which that relevant change of circumstances occurs or is expected to occur.

8

Where the relevant change of circumstances giving rise to the supersession is that—

a

entitlement to jobseeker’s allowance ends, or is expected to end, for a reason other than that the claimant no longer satisfies the provisions of section 3(1)(a) F122or 3A(1)(a) of the Jobseekers Act; or

F132aa

jobseeker’s allowance is being paid from 8th April 2002 to persons who, immediately before that day, had a preserved right for the purposes of the Jobseeker’s Allowance Regulations;

b

a child or young person who is normally in the care of a local authority or who is detained in custody lives, or is expected to live, with the claimant for a part only of the benefit week; or

F348 c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

the partner of the claimant or a member of his family ceases, or is expected to cease, to be a hospital in-patient for a period of less than a weekF123; or

e

a joint-claim couple ceases to be F356a couple,

the supersession shall take effect from the date that the relevant change of circumstances occurs or is expected to occur.

9

Where the relevant change of circumstances giving rise to a supersession is any of those specified in paragraph 8, and, in consequence of those circumstances ceasing to apply, a further superseding decision is made, that further superseding decision shall take effect from the date that those circumstances ceased to apply.

10

Where, under the provisions of regulation 96 or 102C(3) of the Jobseeker’s Allowance Regulations, income is treated as paid on a certain date and that payment gives rise, or is expected to give rise, to a relevant change of circumstance resulting in a supersession, that supersession shall take effect from that date.

11

Where a relevant change of circumstances F349or change specified in paragraphs 12 and 13 occurs which results, or is expected to result, in a reduced award of jobseeker’s allowance then, if the Secretary of State is of the opinion that it is impracticable for a supersession to take effect in accordance with F350paragraph 12 or the preceding paragraphs of this Schedule, the supersession shall take effect from the first day of the benefit week following that in which the relevant change of circumstances occurs.

F309Changes other than changes of circumstances

Annotations:

Amendments (Textual)

F309

Sch. 3A para. 12 - Sch. 3A para. 13 added (18.3.2005) by The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/337), regs. 1, 2(21)(e)

12

Where an amount of income support or jobseeker’s allowance payable under an award is changed by a superseding decision specified in paragraph 13 the superseding decision shall take effect—

a

in the case of a change in respect of income support, from the day specified in paragraph 1(a) or (b) for a change of circumstances; and

b

in the case of a change in respect of jobseeker’s allowance, from the day specified in paragraph 7 for a change of circumstances.

13

The following are superseding decisions for the purposes of paragraph 12—

a

a decision which supersedes a decision specified in regulation 6(2)(b) to (ee); and

b

a superseding decision which would, but for paragraph 12, take effect from a date specified in regulation 7(5) to (7), (12) to (16), (18) to (20), (22), (24) and (33).

F228SCHEDULE 3BDATE ON WHICH CHANGE OF CIRCUMSTANCES TAKES EFFECT WHERE CLAIMANT ENTITLED TO STATE PENSION CREDIT

Annotations:

Amendments (Textual)

F228

Sch. 3B inserted (7.4.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 22

1

Where the amount of state pension credit payable under an award is changed by a superseding decision made on the ground that there has been a relevant change of circumstances, that superseding decision shall take effect from the following days—

a

for the purpose only of determining the day on which an assessed income period begins under section 9 of the State Pension Credit Act , from the day following the day on which the last previous assessed income period ended; and

F610b

except as provided in the following paragraphs–

i

where state pension credit is paid in advance, from the day that change occurs or is expected to occur if either of those days is the first day of a benefit week but if it is not from the next following such day;

ii

where state pension credit is paid in arrears, from the first day of the benefit week in which that change occurs or is expected to occur.

F7262

Subject to paragraph 3, where the relevant change is that—

a

the claimant’s income or the income of the claimant’s partner (other than deemed income from capital) has changed;

b

the claimant or the claimant’s partner becomes entitled to—

i

disability living allowance (middle or higher rate care component); F732...

ii

attendance allowance; F729...

F731iii

personal independence payment (standard or enhanced rate daily living component under section 78 of the Welfare Reform Act 2012); or

F730iv

armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; or

c

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.

F391 SCHEDULE 3C DATE FROM WHICH CHANGE OF CIRCUMSTANCES TAKES EFFECT WHERE CLAIMANT ENTITLED TO EMPLOYMENT AND SUPPORT ALLOWANCE

Regulation 7(1)(a)

Annotations:

Amendments (Textual)

F391

Sch. 3C inserted (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 43

1

Subject to paragraphs 2 to 7, where the amount of an employment and support allowance payable under an award is changed by a superseding decision made on the ground of a change of circumstances, that superseding decision shall take effect from the first day of the benefit week in which the relevant change of circumstances occurs or is expected to occur.

2

In the cases set out in paragraph 3, the superseding decision shall take effect from the day on which the relevant change of circumstances occurs or is expected to occur.

3

The cases referred to in paragraph 2 are where—

a

entitlement ends, or is expected to end, for a reason other than that the claimant no longer satisfies the provisions of paragraph 6(1)(a) of Schedule 1 to the Welfare Reform Act ;

b

a child or young person referred to in regulation 156(6)(d) or (h) of the Employment and Support Allowance Regulations (child in care of local authority or detained in custody) lives, or is expected to live, with the claimant for part only of the benefit week;

c

a person referred to in paragraph 12 of Schedule 5 to the Employment and Support Allowance Regulations —

i

ceases, or is expected to cease, to be a patient; or

ii

a member of the person’s family ceases, or is expected to cease, to be a patient,

in either case for a period of less than a week;

d

a person referred to in paragraph 3 of Schedule 5 to the Employment and Support Allowance Regulations —

i

ceases to be a prisoner; or

ii

becomes a prisoner;

e

during the currency of the claim a claimant makes a claim for a relevant social security benefit—

i

the result of which is that his benefit week changes; or

ii

in accordance with regulation 13 of the Claims and Payments Regulations and an award of that benefit on the relevant day for the purposes of that regulation means that his benefit week is expected to change.

F751f

regulation 9 of the Social Security (Disability Living Allowance) Regulations 1991 (persons in care homes) applies, or ceases to apply, to the claimant for a period of less than one week; or

g

regulations under section 85(1) of the Welfare Reform Act 2012 (care home residents) apply, or cease to apply, to the claimant for a period of less than one week.

i

from the date on which the claimant or payee, as the case may be, ought to have notified the change of circumstances; or

ii

Changes other than changes of circumstances

8

Where—

a

the Secretary of State supersedes a decision made by an appeal tribunal or a Commissioner on the grounds specified in regulation 6(2)(c)(i) (ignorance of, or mistake as to, a material fact);

b

the decision to be superseded was more advantageous to the claimant because of the ignorance or mistake than it would otherwise have been; and

c

the material fact—

i

does not relate to the limited capability for work determination embodied in or necessary to the decision; or

ii

relates to a limited capability for work determination embodied in or necessary to the decision and the Secretary of State is satisfied that at the time the decision was made the claimant or payee, as the case may be, knew or could reasonably have been expected to know of it and that it was relevant,

the superseding decision shall take effect from the first day of the benefit week in which the decision of the appeal tribunal or the Commissioner took effect or was to take effect.

9

Where an amount of an employment and support allowance payable under an award is changed by a superseding decision specified in paragraph 10 the superseding decision shall take effect from the day specified in paragraph 1 for a change of circumstances.

10

The following are superseding decisions for the purposes of paragraph 9—

a

a decision which supersedes a decision specified in regulation 6(2)(b) and (d) to (ee); and

b

a superseding decision which would, but for paragraph 9, take effect from a date specified in regulation 7(6), (7), (12), (13), (17D) to (17F), and (33).

F568SCHEDULE 3DEFFECTIVE DATES FOR SUPERSESSION OF CHILD SUPPORT DECISIONS

Regulation 7B

Annotations:

Amendments (Textual)

F568

Sch. 3D inserted (6.4.2009) by Child Support (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/396), regs. 1, 4(16) (with reg. 7)

F7021

This Schedule sets out the exceptions to the general rule in section 17(4) of the Child Support Act (that is the rule that a supersession decision takes effect from the beginning of the maintenance period in which it is made or, where applicable, the beginning of the maintenance period in which an application for a supersession is made).

Expected change2

Where the ground for the supersession decision is that a relevant change of circumstances is expected to occur or that a ground for a variation is expected to occur, the decision takes effect from the beginning of the maintenance period in which that change or that ground is expected to occur.

Decision backdated to when the change occurred

3

Where the ground for the supersession decision is that a relevant change of circumstances of the following kind has occurred, the decision takes effect from the beginning of the maintenance period in which the change occurred—

a

~~a qualifying child dies or ceases to be a qualifying child;~~

F619aa

~~a relevant other child dies or ceases to be a relevant other child;~~

b

~~the person with care ceases to be a person with care in relation to a qualifying child;~~

c

~~the person with care, the non-resident parent or a qualifying child ceases to be habitually resident in the United Kingdom;~~ F620~~...~~

d

~~paragraph 4(2) of Schedule 1 to the Child Support Act (flat rate for a non-resident parent whose partner is a non-resident parent) begins or ceases to applyF621; or~~

e

the non-resident parent begins or ceases to receive a benefit mentioned in regulation 4(1) of the Maintenance Calculations and Special Cases Regulations (flat rate) or begins or ceases to be a person who receives, or whose partner receives, a benefit referred to in regulation 4(2) of those Regulations.

F6153A

~~In paragraph 3, the reference to the day on which a person begins or ceases to receive a benefit is to the day on which entitlement to the benefit commences or ends, as the case may be.~~

Non-resident parent or partner on or off benefitF6224

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

New qualifying child5

~~Paragraphs 6 and 7 apply where the ground for the supersession is that there is a new qualifying child in relation to the non-resident parent.~~

6

~~Where there is a new qualifying child in relation to the same person with care—~~

a

~~if the application is made by the non-resident parent, the decision takes effect from the beginning of the maintenance period in which the application is made; and~~

b

~~if the application is made by the person with care the decision takes effect from the beginning of the maintenance period in which notification of the application is given to the non-resident parent.~~

7

Where there is a new qualifying child in relation to a different person with care and an application for a maintenance calculation has been made under section 4 or section 7 of the Child Support Act, the decision takes effect from the beginning of the maintenance period in which notification of the calculation is given to the non-resident parent.

Series of changes waiting to be actioned8

Where a decision is superseded on application and, in relation to that decision, a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Child Support Act applies, the effective date of the calculation or calculations is the beginning of the maintenance period in which the change of circumstances to which the calculation relates occurred or is expected to occur and where it occurred before the date of the application for the supersession and was notified after that date, ~~F623the beginning of the maintenance period in which that application was made~~.

Own initiative decision9

~~Unless paragraph 4 applies, where a decision is superseded in a case where the~~ ~~F692Secretary of State~~ ~~is required to give notice under regulation 7C, the decision takes effect from the first day of the maintenance period which includes the date which is 28 days after the date on which the~~ ~~F692Secretary of State~~ ~~has given notice (oral or written) to the relevant persons under that regulation.~~

Supersession of tribunal decision made pending outcome of a related appeal10

~~Where, in accordance with section 28ZB(5) of the Child Support Act (appeals involving issues that arise on appeal in other cases), the~~ ~~F692Secretary of State~~ makes a decision superseding the decision of the First-tier Tribunal or the Upper Tribunal, the superseding decision takes effect from the beginning of the maintenance period following the date on which the decision of the First-tier Tribunal or, as the case may be, the Upper Tribunal would have taken effect had it been decided in accordance with the determination of the Upper Tribunal or the court in the appeal referred to in section 28ZB(1)(b).

Supersession of tribunal decision made in error due to misrepresentation etc.11

~~Where—~~

a

~~a decision made by~~ ~~F644an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or of a Child Support Commissioner~~ ~~is superseded on the ground that it was erroneous due to misrepresentation of, or that there was a failure to disclose, a material fact; and~~

b

~~the~~ ~~F693Secretary of State~~ ~~is satisfied that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error,~~

~~the superseding decision takes effect from the date on which the decision of~~ ~~F645an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Child Support Commissioner (as the case may be)~~ ~~took, or was to take, effect.~~

Supersession of look alike case where law reinterpreted by the Upper Tribunal or a court12

Any decision made under section 17 of the Child Support Act in consequence of a determination which is a relevant determination for the purposes of section 28ZC (cases of error) of that Act takes effect from the date of the relevant determination.

SCHEDULE 4 REVOCATIONS

Regulation 59

Annotations:

Amendments (Textual)

Word in Sch. 4 substituted (5.7.1999) by The Social Security and Child Support (Decisions and Appeals) Amendment (No. 2) Regulations 1999 (S.I. 1999/1623) , regs. 1(1) , 7

Column 1	Column 2	Column 3
Statutory Instrument Number	Statutory Instrument	Provision Revoked
1979/432	The Vaccine Damage Payments Regulations 1979	Part III
1992/2641	The Child Support Appeal Tribunals (Procedure) Regulations 1992	The whole Regulations
1995/311	The Social Security (Incapacity for Work) (General) Regulations 1995	Regulations 19 and 20 to 22
1995/1801	The Social Security (Adjudication) Regulations 1995	The whole Regulations
1996/182	The Social Security (Adjudication) and Child Support Amendment Regulations 1996	Regulation 2
1996/425	The Social Security (Industrial Injuries and Diseases) (Miscellaneous Amendments) Regulations 1996	Regulation 2
1996/1518	The Social Security (Adjudication) Amendment Regulations 1996	The whole Regulations
1996/2306	The Social Security (Claims and Payments and Adjudication) Amendment Regulations 1996	Regulations 8 and 9
1996/2450	The Social Security (Adjudication) and Child Support Amendment (No.2) Regulations 1996	Regulations 2 to 13
1996/2659	The Social Security (Adjudication) Amendment (No.2) Regulations 1996	The whole Regulations
1997/65	The Income-Related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997	Regulation 16
1997/793	The Social Security (Miscellaneous Amendments) (No.2) Regulations 1997	Regulations 1(2)(a) and 8 to 17
1997/810	The Social Security (Industrial Injuries) (Miscellaneous Amendments) Regulations 1997	Regulations 2, 3 and 4
F41997/955	The Social Security (Adjudication) and Commissioners Procedure and Child Support Commissioners (Procedure) Amendment Regulations 1997	In regulation 1(2), the definition of “the Adjudication Regulations” and regulations 2 to 6
1997/1839	The Social Security (Attendance Allowance and Disability Living Allowance) (Miscel laneous Amendments) Regulations 1997	In regulation 1(2) the definition of “the Adjudication Regulations” and regulation 4
1997/2237	The Social Security (Recovery of Benefits) (Appeals) Regulations 1997	The whole Regulations
1997/2305	The Social Security (Miscellaneous Amendments) (No.4) Regulations 1997	Regulation 4

(This note is not part of the Regulations)

These Regulations are made by virtue of, or in consequence of, provisions in the Social Security Act 1998 (c.14) (“the Act”) and supplement changes introduced by that Act to the decision-making process for social security and related matters. The Regulations also provide for the procedural rules and other requirements of a new unified appeals system introduced by the Act for social security, contracting out of pensions, child support and vaccine damage.

The Regulations are made before the end of the period of six months beginning with the coming into force of the relevant provisions in the Act and are therefore exempted from the requirement in section 172(1) of the Social Security Administration Act 1992 (c.5) to refer proposals to make these Regulations to the Social Security Advisory Committee and are made without reference to that Committee. The Regulations are made after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992 (c. 53).

Part I of the Regulations contains provisions relating to commencement, citation and interpretation as well as service of notices or documents.

Part II of the Regulations makes provision for decisions by the Secretary of State in social security and related matters. Chapters I and II provide for the circumstances in which the Secretary of State may revise or supersede decisions, when such decisions take effect and related procedural rules. Chapter III contains miscellaneous provisions relating to decisions of the Secretary of State in social security, including certain relevant requirements formerly contained in the Social Security (Adjudication) Regulations 1995 and other related regulations which are now revoked. It also includes provision in relation to industrial injuries benefits for the Secretary of State to seek advice from a medical practitioner.

Part III of the Regulations makes provision for the suspension and termination of benefit and for dealing with decisions where there are related appeals or decisions.

Part IV concerns rights of appeal and the procedure for bringing appeals. Chapter I makes provision for additional persons to have a right of appeal, for decisions (other than those in the Act) against which there is no right of appeal and decisions where there is a right of appeal. It also provides procedural rules for bringing appeals.

Part V makes provision for appeal tribunals for social security, contracting out of pensions, vaccine damage and child support. Chapter I provides for the panel from which appeal tribunal members are drawn to include people with specified qualifications, for requirements relating to the composition of appeal tribunals and the assignment of clerks to tribunals. Chapters II to V of that Part provide for further matters relating to appeals and referrals. Chapter II makes provision for procedural requirements in the determination of appeals and referrals, including withdrawal of appeals or referrals, medical examinations and witnesses. Chapter III provides for the striking out of certain appeals and related procedures. Chapter IV provides for procedures at oral hearings and Chapter V makes provision relating to the decisions and reports of appeal tribunals and applications for leave to a Commissioner.

Part VI and Schedule 4 provide for revocations.

These Regulations do not impose a charge on business.

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

PART I GENERAL

Citation, commencementF734, application and interpretation1

1

2

a

b

i

ii

c

d

e

f

F7352A

a

b

2B

C4C3C6C73

F73A

4

a

b

c

d

e

Service of notices or documents2

a

C1 b

PART IIF225REVISIONS, SUPERSESSIONS AND OTHER MATTERS SOCIAL SECURITY F187AND CHILD SUPPORT

CHAPTER IREVISIONS

Revision of decisions3

1

F143a

b

i

ii

iii

iv

2

a

b

3

a

b

c

4

F1444A

5

a

b

F11c

i

ii

F381d

F3865ZA

a

b

c

d

5ZB

a

b

c

d

e

f

g

h

5ZC

F1455A

a

b

c

F3825B

a

b

c

F4055C

5D

a

C4 C3 C6 C73