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In regulation 7 (date from which a decision superseded under section 10 takes effect)—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