The Social Security (Adjudication) (Amendment) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Adjudication) Regulations 1995. They make provision for the effective date of review decisions where entitlement to an attendance allowance or a disability living allowance is reduced or removed because the person does not satisfy the conditions of entitlement. They also provide for the effective date of a decision that a person is not, or is not to be treated as, incapable of work. The effective date provisions apply to revised entitlement to benefits where receipt of other benefits is a condition (new regulation 59A(4)).

The effective date provided for is the date of the decision unless one of two exceptions applies. The first exception is where the ground for review is ignorance of or mistake as to a material fact which the person claiming or receiving an attendance allowance, a disability living allowance, or a benefit related to incapacity for work knew, or could reasonably have been expected to know was relevant to the original decision. In this case the review dates from whichever is the later of the date when the person became, or should reasonably have become, aware of the fact and the date of the original decision (regulation 59A(3)(a)). The second exception applies where the review is based on a relevant change of circumstances which the claimant or recipient of one of those benefits is under a duty to notify. (The duty is currently in regulation 32 of the Social Security (Claims and Payments) Regulations S.I. 1987/1968). Where the person knew, or could reasonably have been expected to know, of the relevant change the review dates from when the change, or, if more than one, the first relevant change, ought to have been notified (regulation 59A(3)(b)).

These Regulations do not impose a charge on business.