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

CHAPTER IIE+W+SSUPERSESSIONS

Supersession of decisionsE+W+S

6.—(1) Subject to the following provisions of this regulation, for the purposes of section 10, the cases and circumstances in which a decision may be superseded under that section are set out in paragraphs (2) to (4).

(2) A decision under section 10 may be made on the Secretary of State’s [F1or the Board's] own initiative or on an application made for the purpose on the basis that the decision to be superseded—

(a)is one in respect of which—

(i)there has been a relevant change of circumstances since the decision [F2had effect] [F3or, in the case of an advance award under regulation 13, 13A or 13C of the Claims and Payments Regulations [F4or regulation 146 of the Employment and Support Allowance Regulations], since the decision was made]; or

(ii)it is anticipated that a relevant change of circumstances will occur;

(b)is a decision of the Secretary of State [F5or the Board or an officer of the Board] other than a decision to which sub-paragraph (d) refers and—

(i)the decision was erroneous in point of law, or it was made in ignorance of, or was based upon a mistake as to, some material fact; and

(ii)an application for a supersession was received by the Secretary of State [F6or the Board], or the decision by the Secretary of State [F6or the Board] to act on his [F7or their] own initiative was taken, more than one month after the date of notification of the decision which is to be superseded or after the expiry of such longer period of time as may have been allowed under regulation 4;

[F8(c)is a decision of [F9an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or of a Commissioner]—

(i)that was made in ignorance of, or was based upon a mistake as to, some material fact; or

(ii)that was made in accordance with section 26(4)(b), in a case where section 26(5) applies;]

(d)is a decision which is specified in Schedule 2 to the Act or is prescribed in regulation 27 (decisions against which no appeal lies); F10...

[F11(e)is a decision where—

(i)the claimant has been awarded entitlement to a relevant benefit; and

(ii)[F12subsequent to the first day of the period to which that entitlement relates], the claimant or a member of his family becomes entitled to F13... another relevant benefit [F14or [F15Scottish disability benefit]] or an increase in the rate of another relevant benefit [F14or [F15Scottish disability benefit]] ;]

[F16(ee)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);]

[F17(f)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;

(fa)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 19A of the Jobseekers Act;]

[F18(g)is an incapacity benefit decision where there has been an incapacity determination (whether before or after the decision) and where, since the decision was made, the Secretary of State has received medical evidence following an examination in accordance with regulation 8 of the Social Security (Incapacity for Work) (General) Regulations 1995 from a [F19health care professional] referred to in paragraph (1) of that regulation;] F20[F21...

(h)is one in respect of a person who–

(i)is subsequently the subject of a separate decision or determination as to whether or not he took part in a work-focused interview;

(ii)had been held not to have taken part in a work-focused interview but who had, subsequent to the decision to be superseded, attained [F22pensionable age] or ceased to reside in an area in which there is a requirement to take part in a work-focused interview [F23or, in the case of a partner who was required to take part in a work-focused interview [F24in accordance with regulations made under section 2AA of the Administration Act, ceased to be a partner for the purposes of those regulations or is no longer a partner to whom the requirement to take part in a work-focused interview under those regulations applies [F25(and in this head “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995, save that a man born before 6th April 1955 is treated as attaining pensionable age when a woman born on the same day as the man would attain pensionable age)]]].]

F26(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F27(j)is a decision of the Secretary of State that a sanctionable benefit is payable to a claimant where that benefit ceases to be payable or falls to be reduced under section [F286B,] 7 or 9 of the Social Security Fraud Act 2001 and for this purpose “sanctionable benefit” has the [F29meaning given in section 6A] of that Act;

(k)is a decision of the Secretary of State that a joint-claim jobseeker’s allowance is payable where that allowance ceases to be payable or falls to be reduced under section 8 of the Social Security Fraud Act 2001.]

[F30(l) is a relevant decision for the purposes of section 6 of the State Pension Credit Act and—

(i)on making that decision, the Secretary of State specified a period as the assessed income period; and

(ii)that period has ended or is about to end.]

[F31(m)is a relevant decision for the purposes of section 6 of the State Pension Credit Act in a case where—

(i)the information and evidence required under regulation 32(6)(a) of the Claims and Payments Regulations has not been provided in accordance with the time limits set out in regulation 32(6)(c) of those Regulations;

(ii)the Secretary of State was prevented from specifying a new assessed income period under regulation 10(1) of the State Pension Credit Regulations; and

(iii)the information and evidence required under regulation 32(6)(a) of the Claims and Payments Regulations has since been provided.]

[F32(n)is a decision by [F33an appeal tribunal or] [F34the First-tier Tribunal] confirming a decision by the Secretary of State terminating a claimant’s entitlement to income support because he no longer falls within the category of person specified in paragraph 7 of Schedule 1B to the Income Support Regulations (persons incapable of work) and a further [F35decision of an appeal tribunal or the First-tier Tribunal] subsequently determines that he is incapable of work.]

[F36(o)is a decision that a person is entitled to state pension credit and—

(i)the person or his partner makes, or is treated as having made, an election for a lump sum in accordance with—

(aa)paragraph A1 or 3C of Schedule 5 to the Contributions and Benefits Act;

(bb)paragraph 1 of Schedule 5A to that Act; or, as the case may be,

(cc)paragraph 12 or 17 of Schedule 1 to the Graduated Retirement Benefit Regulations;

or

(ii) such a lump sum is repaid in consequence of an application to change an election for a lump sum in accordance with regulation 5 of the Deferral of Retirement Pensions etc. Regulations or, as the case may be, paragraph 20D of Schedule 1 to the Graduated Retirement Benefit Regulations.]

[F37(oa)is a decision that a person is entitled to state pension credit and—

(i)the person—

(aa)chooses under section 8(2) of the Pensions Act 2014, or under Regulations under section 10 of that Act which make provision corresponding or similar to section 8(2), to be paid a lump sum; or

(bb)is entitled to a lump sum under section 8(4) of the Pensions Act 2014, or under Regulations under section 10 of that Act which make provision corresponding or similar to section 8(4), because the person has failed to choose within the period mentioned in section 8(3); or

(ii)such a lump sum is repaid in consequence of an application—

(aa)to alter the choice mentioned in paragraph (i)(aa) in accordance with regulation 6 of the State Pension Regulations 2015 or Regulations made under section 10 of the Pensions Act 2014 which make provision corresponding or similar to regulation 6 of the State Pension Regulations 2015; or

(bb)to make a late choice in accordance with regulation 4(4) of the State Pension Regulations 2015 (when a choice of lump sum or survivor’s pension may be made) or Regulations made under section 10 of the Pensions Act 2014 which make provision corresponding or similar to regulation 4(4) of the State Pension Regulations 2015;]

[F38(p)is a decision awarding employment and support allowance where there has been a failure determination;

(q) is a decision made in consequence of a failure determination where the reduction ceases to have effect under of regulation 64 of the Employment and Support Allowance Regulations];

[F39(r)is an employment and support allowance decision where, since the decision was made, the Secretary of State has—

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

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

[F40(s)is a decision where on or after the date on which the decision was made, a late or unpaid contribution is treated as paid under—

(i)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)regulation 6 of those Regulations (treatment of contributions paid late through ignorance or error) on a date which falls on or before the date on which the original decision was made; or

(iii)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.]

[F41(sa)is a decision where on or after the date on which the decision was made, a late contribution is treated as paid by virtue of regulation 4 of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 for the purposes of entitlement to—

(i)a bereavement benefit;

(ii)a Category A or Category B retirement pension under Part II of the Contributions and Benefits Act; or

(iii)a state pension under Part 1 of the Pensions Act 2014;]

[F42(t)is a decision awarding income support where there has been a determination by the Secretary of State under regulation 6(2) of the Income Support Work-Related Activity Regulations that a person has failed to undertake work-related activity;

(u)is a decision made in consequence of a determination by the Secretary of State that a person has failed to undertake work-related activity where a reduction under regulation 8(1) of the Income Support Work-Related Activity Regulations ceases to have effect by virtue of regulation 9 of those Regulations.]

(3) A decision which may be revised under regulation 3 may not be superseded under this regulation except where—

(a)circumstances arise in which the Secretary of State [F43or the Board or an officer of the Board] may revise that decision under regulation 3; and

(b)further circumstances arise in relation to that decision which are not specified in regulation 3 but are specified in paragraph (2) or (4).

(4) Where the Secretary of State requires [F44or the Board require] further evidence or information from the applicant in order to consider all the issues raised by an application under paragraph (2) (“the original application”), he [F45or they] shall notify the applicant that further evidence or information is required and the decision may be superseded—

(a)where the applicant provides further relevant evidence or information within one month of the date of notification or such longer period of time as the Secretary of State [F46or the Board] may allow; or

(b)where the applicant does not provide such evidence or information within the time allowed under sub-paragraph (a), on the basis of the original application.

(5) The Secretary of State [F47or the Board] may treat an application for a revision or a notification of a change of circumstances as an application for a supersession.

(6) The following events are not relevant changes of circumstances for the purposes of paragraph (2)—

(a) the repayment of a loan to which regulation 66A of the Income Support Regulations M1 [F48, regulation 137 of the Employment and Support Allowance Regulations] or regulation 136 of the Jobseeker’s Allowance Regulations applies;

F49(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F50(c)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.

[F51(8)  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.]

[F52Supersession of child support decisionsE+W+S

6A.—[F53[F54(1) Subject to paragraphs (7) and (8), the cases and circumstances in which a decision (“a superseding decision") may be made by the Secretary of State for the purposes of section 17 of the Child Support Act are set out in paragraphs (2) to (6).

(2) A decision may be superseded by a decision made by the Secretary of State acting on his own initiative where—

(a)there has been a relevant change of circumstances since the decision had effect; or

(b)the decision was made in ignorance of, or was based upon a mistake as to, some material fact.

(3) Subject to regulation 6B, a decision may be superseded by a decision made by the Secretary of State where—

(a)an application is made on the basis that—

(i)there has been a change of circumstances since the date from which the decision had effect; or

(ii)it is expected that a change of circumstances will occur; and

(b)the Secretary of State is satisfied that the change of circumstances is or would be relevant.

(4) A decision may be superseded by a decision made by the Secretary of State where—

(a)an application is made on the basis that the decision was made in ignorance of, or was based upon a mistake as to, a fact; and

(b)the Secretary of State is satisfied that the fact is or would be material.

[F55(4A) A decision may be superseded by a decision made by the Secretary of State—

(a)where an application is made on the basis that; or

(b)acting on his own initiative where,

the decision to be superseded is a decision of [F56an 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.]

[F54(1) This regulation and regulation 6B set out the circumstances in which a decision may be made by the [F57Secretary 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 [F58Secretary of State], on an application or acting under [F58the 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 [F59Secretary 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 [F59Secretary of State] where the [F59Secretary 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 supersededE+W+S

6B.—[F60(1) Except as provided in paragraph (4), and subject to paragraph (3), a decision of the [F61Secretary of State], [F62an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Child Support Commissioner], on an application made under regulation [F636A(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 [F636A(2)(a)] but for the application of this regulation.

[F64(3) 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 [F636A(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;

F65( d ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; F66 ...

(e) the superseding decision takes effect from the dates prescribed in regulation [F67paragraph 4 of Schedule 3D]][F68; 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.]

[F69(5) 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 [F70Secretary of State] may make a superseding decision on the basis that application A was made at the same time as application B.]]

Date from which a decision superseded under section 10 takes effectE+W+S

7.—[F71(1) This regulation–

(a)[F72is, except for [F73paragraphs (2)(b)[F74, (bb)] [F75or (be)], (29) and (30)] and (29), subject to Schedules 3A[F76, 3B and 3C]; and]

(b)contains exceptions to the provisions of section 10(5) as to the date from which a decision under section 10 which supersedes an earlier decision is to take effect.]

(2) Where a decision under section 10 is made on the ground that there has been, or it is anticipated that there will be, a relevant change of circumstances since the decision [F77had effect] [F78or, in the case of an advance award, since the decision was made], the decision under section 10 shall take effect—

[F79(a)from the date the change occurred or, where the change does not have effect until a later date, from the first date on which such effect occurs where–

(i)the decision is advantageous to the claimant; and

(ii)the change was notified to an appropriate office within one month of the change occurring or within such longer period as may be allowed under regulation 8 for the claimant’s failure to notify the change on an earlier date; and

(ii)head (i) of sub-paragraph (c) shall be omitted.]

(b)where the decision is advantageous to the claimant and the change was notified to an appropriate office more than one month after the change occurred or after the expiry of any such longer period as may have been allowed under regulation 8—

(i)in the case of a claimant who is in receipt of income support[F80, jobseeker’s allowance[F81, state pension credit or an employment and support allowance]] and benefit is paid in arrears, from the beginning of the benefit week in which the notification was made;

(ii)in the case of a claimant who is in receipt of income support[F80, jobseeker’s allowance or state pension credit] and benefit is paid in advance and the date of notification is the first day of a benefit week from that date and otherwise, from the beginning of the benefit week following the week in which the notification was made; or

(iii)in any other case, the date of notification of the relevant change of circumstances; or

[F82(bb)where the decision is advantageous to the claimant and is made on the Secretary of State’s own initiative—

(i)except where paragraph (ii) applies, from the beginning of the benefit week in which the Secretary of State commenced action with a view to supersession; or

(ii)in the case of a claimant who is in receipt of income support, jobseeker’s allowance or state pension credit where benefit is paid in advance and the Secretary of State commenced action with a view to supersession on a day which was not the first day of the benefit week, from the beginning of the benefit week following the week in which the Secretary of State commenced such action;]

[F83(bc)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 [F84or carer support payment] relating to that disabled person,

the day after the last day for which carer’s allowance [F84or carer support payment] was paid to a person other than the claimant or the claimant’s partner;]

F85( bd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F86(be) 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—

F87( i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F88(ii)in the case of a disability benefit decision, or an incapacity benefit decision where there has been an incapacity determination [F89or 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 [F89or 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]

F90( iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F91(iv)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.]

[F92( 2A ) F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F94(2B) For the purposes of paragraph (2) “carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.]

[F95(3) 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;

(b)regulation 1(3) of the Jobseeker’s Allowance Regulations;

(c)regulation 1(2) of the State Pension Credit Regulations; or

(d) regulation 2(1) of the Employment and Support Allowance Regulations.]

(4) In paragraph (2) a decision which is to the advantage of the claimant includes a decision specified in regulation 30(2)(a) to (f).

[F96(5) Where the Secretary of State supersedes a decision made by [F97an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Commissioner] on the grounds specified in regulation 6(2)(c)[F98(i)] (ignorance of, or mistake as to, a material fact), the decision under section 10 shall take effect, in a case where, as a result of that ignorance of or mistake as to material fact, the decision to be superseded was more advantageous to the claimant than it would otherwise have been and which either—

(a)does not relate to a disability benefit decision or an incapacity benefit decision where there has been an incapacity determination; or

(b)relates to a disability benefit decision or an incapacity benefit decision where there has been an incapacity determination, and 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 to know of the fact in question and that it was relevant to the decision,

from the date on which the decision of [F97an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Commissioner] took, or was to take, effect.]

(6) Any decision made under section 10 in consequence of a decision which is a relevant determination for the purposes of section 27 shall take effect as from the date of the relevant determination.

[F99(6A) Where—

(a)there is a decision which is a relevant determination for the purposes of section 27 and the Secretary of State makes a benefit decision of the kind specified in section 27(1)(b);

(b)there is an appeal against the determination;

(c)after the benefit decision payment is suspended in accordance with regulation 16(1) and (3)(b)(ii); and

(d)on appeal a court, within the meaning of section 27, reverses the determination in whole or in part,

a consequential decision by the Secretary of State under section 10 which supersedes his earlier decision under sub-paragraph (a) shall take effect from the date on which the earlier decision took effect.]

[F100(7) A decision which is superseded in accordance with regulation 6(2)(e) or (ee) shall be superseded—

(a)subject to sub-paragraph (b), from the date on which entitlement arises to the other relevant benefit [F101or [F102Scottish disability benefit]] referred to in regulation 6(2)(e)(ii) or (ee) or to an increase in the rate of that other relevant benefit [F101or [F102Scottish disability benefit]]; or

(b)where the claimant or his partner—

(i) is not a severely disabled person for the purposes of section 135(5) of the Contributions and Benefits Act (the applicable amount) or section 2(7) of the State Pension Credit Act (guarantee credit) [F103or paragraph 6 of Schedule 4 to the Employment and Support Allowance Regulations;]

(ii)by virtue of his having—

(aa) a non-dependant as defined by regulation 3 of the Income Support Regulations[F104, regulation 2 of the Jobseeker’s Allowance Regulations] [F105or 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.]

[F106(7A) Where a decision is superseded in accordance with regulation 6(2)(o), [F107or (oa)] 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.]

[F108(8) 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.]

[F109(8ZA) 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.]

F110(8ZB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F111(8A) 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.]

[F112(9) [F113Except 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)[F114where 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

(ii)subject to paragraph (30), in a case where the relevant circumstances are that there has been a change in the legislation in relation to attendance allowance or disability living allowance, the date on which that change in the legislation had effect;]

(b)where—

(i)the change is relevant to the question of entitlement to a particular rate of benefit; and

(ii)the claimant notifies the change before a date one month after he satisfied the conditions of entitlement to that rate or within such longer period as may be allowed under regulation 8,

the [F115date on which] he satisfied those conditions;

(c)where—

(i)the change is relevant to the question of whether benefit is payable; and

(ii)the claimant notifies the change before a date one month after the change or within such longer period as may be allowed under regulation 8,

the [F116date on which] the change occurred; or

(d)in any other case, the date of the application for the superseding decision.]

[F117(9A) Where—

(a)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 M2 (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.

[F118(12A) Paragraph (12) applies where–

(a)the effect of a decision under section 10 is that owner-occupier loan payments are to be made to a claimant in respect of the claimant’s liability to make owner-occupier payments; and

(b)that decision could not have been made earlier because information necessary to make that decision, requested otherwise than in accordance with paragraph 8 of Schedule 4 to the Loans for Mortgage Interest Regulations (provision of information), had not been supplied to the Secretary of State by the lender.

(12B) Where a claimant is receiving owner-occupier loan payments and there is a reduction in the amount owing in connection with a qualifying loan or alternative finance arrangement (within the meaning in Schedule 1 to the Loans for Mortgage Interest Regulations (meaning of owner-occupier payments)), a decision made under section 10 takes effect—

(a)on the first anniversary of the date on which the claimant’s liability to make owner-occupier payments was first met by an owner-occupier loan payment; or

(b)where the reduction in the amount owing in connection with a qualifying loan or alternative finance arrangement 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.

(12C) Where a claimant is receiving owner-occupier loan payments, an insurance payment deduction is made under regulation 14A(1) of the Loans for Mortgage Interest Regulations (insurance payment deduction) in relation to any decision under section 8 or 10 and there is a change in the amount of the owner-occupier payments payable—

(a)on a qualifying loan or alternative finance arrangement (within the meaning in Schedule 1 to the Loans for Mortgage Interest Regulations (meaning of owner-occupier payments)) to which those payments relate; or

(b)on a loan or alternative finance arrangement not so qualifying which is secured on the dwelling occupied as the home to which those payments relate,

a decision under section 10 which is made as a result of that change in the amount of the owner-occupier payments payable shall take effect on whichever of the dates referred to in paragraph (12D) is appropriate in the claimant’s case.

(12D) The date on which a decision under section 10 takes effect for the purposes of paragraph (12C) is—

(a)the date on which the claimant’s liability to make owner-occupier payments is first met by an owner-occupier loan payment; or

(b)where the change in the amount of the owner-occupier payments payable occurred after the date referred to in sub-paragraph (a), on the date of the next alteration in the standard rate following the date of that change.

(12E) In paragraph (12D), “standard rate” has the same meaning as it has in regulation 13 of the Loans for Mortgage Interest Regulations (standard rate to be applied under regulations 11 and 12).

(12F) Paragraph (12G) applies where—

(a)a claimant is awarded state pension credit;

(b)the claimant or the claimant’s partner has reached pensionable age (within the meaning in section 122(1) of the Contributions and Benefits Act);

(c)the claimant is in receipt of owner-occupier loan payments; and

(d)after the date from which sub-paragraph (c) applies—

(i)a non-dependant (within the meaning in regulation 2(1) of the Loans for Mortgage Interest Regulations) begins to reside with the claimant; or

(ii)there has been a change of circumstances in respect of a non-dependant and this reduces the amount of the owner-occupier loan payments.

(12G) Where this paragraph applies, a decision made under section 10 shall take effect—

(a)where there is more than one change of the kind specified in paragraph (12F)(d) in respect of the same non-dependant within the same 26 week period, 26 weeks after the date on which the first such change occurred; and

(b)in any other circumstances, 26 weeks after the date on which a change specified in paragraph (12F)(d) occurred.]

F119(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F119(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F119(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F119(16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F119(17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F119(17A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F119(17B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F119(17C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F119(17D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F119(17E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F119(17F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F119(17G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F120(17H) Where the decision is superseded in accordance with regulation 6(2)(a)(i) and the relevant circumstances are that the claimant has a non-dependant who has become entitled to main phase employment and support allowance, the superseding decision shall take effect from the date the main phase employment and support allowance is first paid to the non-dependant.]

F121(18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F121(19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F121(20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F121(21) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F121(22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F121(23) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(24) Where—

(a)it has been determined that the amount of a jobseeker’s allowance payable to a young person is to be reduced under regulation 63 of the Jobseeker’s Allowance Regulations because paragraph (1)(b)(iii), (c), (d), (e) or (f) of that regulation (reduced payments under section 17 of the Jobseekers Act) applied in his case; and

(b)the decision made in consequence of sub-paragraph (a) falls to be superseded by a decision under section 10 because the Secretary of State has subsequently issued a certificate under section 17(4) of the Jobseekers Act with respect to the failure in question,

the decision under section 10 shall take effect as from the same date as the decision made in consequence of sub-paragraph (a) has effect.

[F122[F123(25)  In a case where a decision (“ the first decision ”) has been made that a person failed without good cause to take part in a work-focused interview, the decision under section 10 shall take effect as from—

(a)the first day of the benefit week to commence for that person following the date of the first decision; or

(b)in a case where a partner has failed without good cause to take part in a work-focused interview [F124in accordance with regulations made under section 2AA of the Administration Act]—

(i)the first day of the benefit week to commence for the claimant [F125(meaning the person who has been awarded a benefit within section 2AA(2) of the Administration Act at a higher rate referable to that partner)] following the date of the first decision; or

(ii)if that date arises five days or less after the day on which the first decision was made, as from the first day of the second benefit week to commence for the claimant following the date of the first decision.]

(26) 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.]

F126(27) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F127(28) 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 [F1286B or] 7 of the Social Security Fraud Act 2001.]

[F129(29) [F130Subject 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.]

[F131(29A) 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.]

[F132(30) 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.

[F133(30A) 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 F134 ... on which the own occupation test is no longer applicable to that person.

(32) For the purposes of paragraph (31)—

(a)“personal capability assessment” has the same meaning as in regulation 24 of the Social Security (Incapacity for Work) (General) Regulations 1995;

(b)“own occupation test” has the same meaning as in section 171B(2) of the Contributions and Benefits Act.

(33) A decision to which regulation 6(2)(c)(ii) applies shall take effect from the date on which [F135the decision of the appeal tribunal, the First-tier Tribunal, the Upper Tribunal or the Commissioner] would have taken effect had it been decided in accordance with the determination of the [F136Upper Tribunal] [F137or the Commissioner] or the court in the appeal referred to in section 26(1)(b).]

[F138(34) A decision which supersedes a decision specified in regulation 6(2)(n) shall take effect from the effective date of the Secretary of State’s decision to terminate income support which was confirmed by the decision specified in regulation 6(2)(n).]

(35) [F139A decision made in accordance with regulation 6(2)(p), where the failure determination was made before the 13th week of entitlement, shall take effect from the first day of the benefit week following that week.]

(36) [F140A decision made in accordance with regulation 6(2)(p) where paragraph (35) does not apply shall take effect from the first day of the benefit week in which the failure determination was made.]

[F140A decision made in accordance with regulation 6(2)(p) shall take effect —

(a)on the first day of the benefit week in which the failure determination was made where, on the date of that determination, the claimant has not been paid an employment and support allowance since the failure to which that determination relates; or

(b)in any other case, on the first day of the benefit week after the end of the benefit week in respect of which the claimant was last paid an employment and support allowance.]

(37) A decision made in accordance with regulation 6(2)(q) shall take effect from the first day of the benefit week in which the reduction mentioned in that sub-paragraph ceased to have effect.

[F141(38) A decision made in accordance with regulation 6(2)(r) that embodies a determination that the claimant has—

(a)limited capability for work; or

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

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

which is the first such determination shall take effect from [F142the day after the last day of the relevant period as defined in regulation 4(4) of the Employment and Support Allowance Regulations].]

(39) A decision made in accordance with regulation 6(2)(r), following an application by the claimant, that embodies a determination that the claimant has limited capability for work-related activity shall take effect from the date of the application.

[F143(40) A decision made in accordance with regulation 6(2)(r) that embodies a determination that the claimant has—

(a)limited capability for work; or

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

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

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

[F144(41) A decision made in accordance with regulation 6(2)(t) shall take effect from the first day of the next benefit week following the day on which the determination mentioned in that sub-paragraph was made.

(42) A decision made in accordance with regulation 6(2)(u) shall take effect from the first day of the benefit week in which the reduction mentioned in that sub-paragraph ceased to have effect.]

[F145(43) Where the decision is superseded in accordance with regulation 6(2)(sa), the superseding decision shall take effect from the date on which the contributions are treated as paid in accordance with regulation 4(7) of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 for the purposes of entitlement to—

(i)a bereavement benefit;

(ii)a Category A or Category B retirement pension under Part II of the Contributions and Benefits Act; or

(iii)a state pension under Part 1 of the Pensions Act 2014.]

[F146[F147 Definitions for the purposes of Chapters I and II] E+W+S

7A.—(1) For the purposes of regulations 3(5)(c), 6(2)(g)[F148, 6(2)(r)][F149, 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–

[F150 “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 [F151or 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, [F152or 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 [F153personal 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

[F154 “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” [F155or “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.]

[F156Effective date of a supersession decision] [F156[F157Date from which a decision superseded under section 17 of the Child Support Act takes effect ]E+W+S

7B.—[F158[F156(1) 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").

[F159(1A) 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)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.

(4) Subject to paragraphs (17) to (22), where the superseding decision is made in a case to which regulation 6A(3)(a)(i) applies and that decision supersedes one which has been made under section 12(2) of the Child Support Act, the decision shall take effect from the first day of the maintenance period in which the change of circumstances occurred.

(5) Where the superseding decision is made in a case to which regulation 6A(3)(a)(ii) applies, the decision shall take effect from the first day of the maintenance period in which the change of circumstances is expected to occur.

(6) Where the superseding decision is made in a case to which regulation 6A(6) applies and the relevant circumstance is that a ground for a variation is expected to occur, the decision shall take effect from the first day of the maintenance period in which the ground for the variation is expected to occur.

(7) Except in a case to which paragraph (1) applies, where the superseding decision is made in a case to which regulation 7C applies, that decision shall take effect from the first day of the maintenance period which includes the date which is 28 days after the date on which the Secretary of State gave notice to the relevant persons under that regulation.

(8) For the purposes of paragraph (7)—

(a)where the relevant persons are notified on different dates, the period of 28 days shall be counted from the date of the latest notification;

(b)notification includes oral and written notification;

(c)where a person is notified in more than one way, the date on which he is notified is the date on which he was first given notification; and

(d)the date of written notification is the date on which it was given or sent to the person.

(9) Where—

(a)a decision made by [F160the 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 [F161the First-tier Tribunal] or, as the case may be, [F162the 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.

F163( 11 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F163( 12 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F163( 13 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F163( 14 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F163( 15 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F163( 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.

[F164(17A) 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.

F165( 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 F166 ... 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.

[F167(22A) 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 [F168First-tier Tribunal or the Upper Tribunal’s] decision would have taken effect had it been decided in accordance with the determination [F169of 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.]]

[F156Schedule 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 initiativeE+W+S

7C.  [F170Where the [F171Secretary of State] on [F171the Secretary of State’s] own initiative proposes to make a decision superseding a decision [F171the Secretary of State] shall notify the relevant persons who could be materially affected by the decision of that intention.]]

Effective date for late notifications of change of circumstancesE+W+S

8.—(1) For the purposes of regulation 7(2) [F172and (9)], a longer period of time may be allowed for the notification of a change of circumstances in so far as it affects the effective date of the change where the conditions specified in the following provisions of this regulation are satisfied.

(2) An application for the purposes of regulation 7(2) [F173or (9)] shall be made by the claimant or a person acting on his behalf.

(3) The application referred to in paragraph (2) shall—

(a)contain particulars of the relevant change of circumstances and the reasons for the failure to notify the change of circumstances on an earlier date; and

[F174(b)be made—

(i)within 13 months of the date the change occurred; or

(ii)in the case of an application for the purposes of regulation 7(9)(b), within 13 months of the date on which the claimant satisfied the conditions of entitlement to the particular rate of benefit.]

(4) An application under this regulation shall not be granted unless the Secretary of State is satisfied [F175or the Board are satisfied] that—

(a)it is reasonable to grant the application;

(b)the change of circumstances notified by the applicant is relevant to the decision which is to be superseded; and

(c)special circumstances are relevant to the application and as a result of those special circumstances it was not practicable for the applicant to notify the change of circumstances within one month of the change occurring.

(5) In determining whether it is reasonable to grant the application, the Secretary of State [F176or the Board] shall have regard to the principle that the greater the amount of time that has elapsed between the date one month after the change of circumstances occurred and the date the application for the purposes of regulation 7(2) [F177or (9)] is made, the more compelling should be the special circumstances on which the application is based.

(6) In determining whether it is reasonable to grant an application, 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 these Regulations); or

(b)that [F178the 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.