Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 19993

1

The Social Security and Child Support (Decisions and Appeals) Regulations 199911 are amended as follows.

2

In regulation 312 (revision of decisions)—

a

omit paragraph (5D);

b

in paragraph (7ZA)—

i

in sub-paragraph (a) after “income support,” insert “income-based jobseeker’s allowance,”;

ii

in sub-paragraph (b) after “the Income Support Regulations” insert “, regulation 2 of the Jobseeker’s Allowance Regulations”;

iii

in sub-paragraph (c)(i) after “the Income Support Regulations” insert “, regulation 83(e) or 86A(c) of the Jobseeker’s Allowance Regulations”; and

iv

in sub-paragraph (d)(ii) after “the Income Support Regulations” insert “, paragraph 15(4)(a) or 20I(3)(a) of Schedule 1 to the Jobseeker’s Allowance Regulations”; and

c

after paragraph (7C) insert—

7CC

 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.

3

In regulation 7(2)(c)(ii)13 (date from which a decision superseded under section 10 takes effect) after “incapacity determination”, both times it appears, insert “or an employment and support allowance decision where there has been a limited capability for work determination”.