Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 19997
1
The Social Security and Child Support (Decisions and Appeals) Regulations 199912 are amended as follows.
2
In regulation 3 (revision of decisions) before paragraph (6) insert—
5E
A decision under section 8 or 10 awarding an employment and support allowance may be revised if—
a
the decision of the Secretary of State awarding an employment and support allowance was made on the basis that the claimant had made and was pursuing an appeal against a decision of the Secretary of State that the claimant did not have limited capability for work (“the original decision”); and
b
the appeal to the First-tier Tribunal in relation to the original decision is successful.
5F
A decision under section 8 or 10 awarding an employment and support allowance may be revised if—
a
the person’s current period of limited capability for work is treated as a continuation of another such period under regulation 145(1) and (2) of the Employment and Support Allowance Regulations; and
b
regulation 7(1)(b) of those Regulations applies.
3
In regulation 6 (supersession of decisions) for paragraph (2)(r) substitute—
r
is an employment and support allowance decision where, since the decision was made, the Secretary of State has—
i
received medical evidence from a health care professional approved by the Secretary of State, or
ii
made a determination that the claimant is to be treated as having limited capability for work in accordance with regulation 20, 25, 26 or 33(2) of the Employment and Support Allowance Regulations.
4
In regulation 7 (date from which a decision superseded under section 10 takes effect)—
a
for paragraph (38) substitute—
38
A decision made in accordance with regulation 6(2)(r) that embodies a determination that the claimant has—
a
limited capability for work; or
b
limited capability for work-related activity; or
c
limited capability for work and limited capability for work-related activity
which is the first such determination shall take effect from the beginning of the 14th week of entitlement.
b
after paragraph (39) add—
40
A decision made in accordance with regulation 6(2)(r) that embodies a determination that the claimant has—
a
limited capability for work; or
b
limited capability for work-related activity; or
c
limited capability for work and limited capability for work-related activity
where regulation 5 of the Employment and Support Allowance Regulations (assessment phase – previous claimants) applies shall take effect from the beginning of the 14th week of the person’s continuous period of limited capability for work.
5
In regulation 7A(1) (definitions for the purposes of Chapters I and II) after “6(2)(g)” insert “, 6(2)(r)”.
6
In regulation 17(5) (provision of information or evidence) for “(e)” substitute “(f)”.