The Social Security (Claims and Payments and Adjudication) Amendment Regulations 1997

Transitional provision

7.  In a case to which regulation 59(1C)(a) of the Adjudication Regulations applies, where the application for the first review referred to in that provision was made on or before 6th April 1997, regulation 59 of the Adjudication Regulations shall apply with the following modifications—

(a) as if in paragraph (1C)(a), for the words “one month” there were substituted the words “subject to paragraph (1D), three months”;

(b) as if after paragraph (1C) there were inserted the following paragraph—

“(1D) Subject to the following provisions of this regulation, in a case to which paragraph (1C)(a) applies where the claimant proves that—

(a) on a date earlier than three months before the date of the application for the first review, he was (apart from the condition of making a claim) entitled to benefit or to a higher rate of benefit; and

(b) throughout the period between that earlier date and the date on which the application for the first review was made, there was good cause for delay in making the application,

the decision given on review shall have effect either on that earlier date or twelve months before the date on which the application for the first review was made, whichever is the later.”; and

(c) as if in paragraph (5)(c)(1) for the words “one month” there were substituted the words “three months”.

(1)

Relevant amending instrument is S.I. 1997/793.