PART IIF19REVISIONS, SUPERSESSIONS AND OTHER MATTERS SOCIAL SECURITY F24AND CHILD SUPPORT

Annotations:
Amendments (Textual)
F19

Pts. II III IV revoked (7.4.2003 for specified purposes and with effect in accordance with reg. 1(2)) by The Child Benefit and Guardian s Allowance (Decisions and Appeals) Regulations 2003 (S.I. 2003/916) , regs. 1(1) , 34(a) (with reg. 35 )

F24

Words in Pt. II added (3.3.2003 for specified purposes and ) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185) , reg. 1(1)(2)4 (with reg. 14(3) ) (see S.I. 2003/192, art. 3, Sch.)

CHAPTER IISUPERSESSIONS

Supersession of decisions6

1

Subject to the following provisions of this regulation, for the purposes of section 10, the cases and circumstances in which a decision may be superseded under that section are set out in paragraphs (2) to (4).

C12

A decision under section 10 may be made on the Secretary of State’s F40or the Board's own initiative or on an application made for the purpose on the basis that the decision to be superseded—

a

is one in respect of which—

i

there has been a relevant change of circumstances since the decision F36had effectF34or, in the case of an advance award under regulation 13, 13A or 13C of the Claims and Payments Regulations F3or regulation 146 of the Employment and Support Allowance Regulations, since the decision was made; or

ii

it is anticipated that a relevant change of circumstances will occur;

b

is a decision of the Secretary of State F45or the Board or an officer of the Board other than a decision to which sub-paragraph (d) refers and—

i

the decision was erroneous in point of law, or it was made in ignorance of, or was based upon a mistake as to, some material fact; and

ii

an application for a supersession was received by the Secretary of State F6or the Board, or the decision by the Secretary of State F6or the Board to act on his F17or their own initiative was taken, more than one month after the date of notification of the decision which is to be superseded or after the expiry of such longer period of time as may have been allowed under regulation 4;

F26c

is a decision of F2an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or of a Commissioner—

i

that was made in ignorance of, or was based upon a mistake as to, some material fact; or

ii

that was made in accordance with section 26(4)(b), in a case where section 26(5) applies;

d

is a decision which is specified in Schedule 2 to the Act or is prescribed in regulation 27 (decisions against which no appeal lies); F16...

F49e

is a decision where—

i

the claimant has been awarded entitlement to a relevant benefit; and

ii

F25subsequent to the first day of the period to which that entitlement relates, the claimant or a member of his family becomes entitled to F22... another relevant benefit or an increase in the rate of another relevant benefit;

F14ee

is an original award within the meaning of regulation 3(7ZA) and sub-paragraphs (a) to (c) and (d)(ii) of regulation 3(7ZA) apply but not sub-paragraph (d)(i);

F10f

is a decision that a jobseeker’s allowance is payable at the full rate to which the claimant would be entitled in the absence of any reduction where the award is reduced under section 19 of the Jobseekers Act;

fa

is a decision that a jobseeker’s allowance is payable at the full rate to which the claimant would be entitled in the absence of any reduction where the award is reduced under section 19A of the Jobseekers Act;

F9g

is an incapacity benefit decision where there has been an incapacity determination (whether before or after the decision) and where, since the decision was made, the Secretary of State has received medical evidence following an examination in accordance with regulation 8 of the Social Security (Incapacity for Work) (General) Regulations 1995 from a F33health care professional referred to in paragraph (1) of that regulation;F18F8...

h

is one in respect of a person who–

i

is subsequently the subject of a separate decision or determination as to whether or not he took part in a work-focused interview;

ii

had been held not to have taken part in a work-focused interview but who had, subsequent to the decision to be superseded, attained F44pensionable age or ceased to reside in an area in which there is a requirement to take part in a work-focused interview F21or, in the case of a partner who was required to take part in a work-focused interview F4in accordance with regulations made under section 2AA of the Administration Act, ceased to be a partner for the purposes of those regulations or is no longer a partner to whom the requirement to take part in a work-focused interview under those regulations applies F12(and in this head “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995, save that a man born before 6th April 1955 is treated as attaining pensionable age when a woman born on the same day as the man would attain pensionable age).

F27i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51j

is a decision of the Secretary of State that a sanctionable benefit is payable to a claimant where that benefit ceases to be payable or falls to be reduced under section F56B, 7 or 9 of the Social Security Fraud Act 2001 and for this purpose “sanctionable benefit” has the F39meaning given in section 6A of that Act;

k

is a decision of the Secretary of State that a joint-claim jobseeker’s allowance is payable where that allowance ceases to be payable or falls to be reduced under section 8 of the Social Security Fraud Act 2001.

F30l

is a relevant decision for the purposes of section 6 of the State Pension Credit Act and—

i

on making that decision, the Secretary of State specified a period as the assessed income period; and

ii

that period has ended or is about to end.

F46m

is a relevant decision for the purposes of section 6 of the State Pension Credit Act in a case where—

i

the information and evidence required under regulation 32(6)(a) of the Claims and Payments Regulations has not been provided in accordance with the time limits set out in regulation 32(6)(c) of those Regulations;

ii

the Secretary of State was prevented from specifying a new assessed income period under regulation 10(1) of the State Pension Credit Regulations; and

iii

the information and evidence required under regulation 32(6)(a) of the Claims and Payments Regulations has since been provided.

F48n

is a decision by F29an appeal tribunal orF28the First-tier Tribunal confirming a decision by the Secretary of State terminating a claimant’s entitlement to income support because he no longer falls within the category of person specified in paragraph 7 of Schedule 1B to the Income Support Regulations (persons incapable of work) and a further F1decision of an appeal tribunal or the First-tier Tribunal subsequently determines that he is incapable of work.

F23o

is a decision that a person is entitled to state pension credit and—

i

the person or his partner makes, or is treated as having made, an election for a lump sum in accordance with—

aa

paragraph A1 or 3C of Schedule 5 to the Contributions and Benefits Act;

bb

paragraph 1 of Schedule 5A to that Act; or, as the case may be,

cc

paragraph 12 or 17 of Schedule 1 to the Graduated Retirement Benefit Regulations;

or

ii

such a lump sum is repaid in consequence of an application to change an election for a lump sum in accordance with regulation 5 of the Deferral of Retirement Pensions etc. Regulations or, as the case may be, paragraph 20D of Schedule 1 to the Graduated Retirement Benefit Regulations.

F20oa

is a decision that a person is entitled to state pension credit and—

i

the person—

aa

chooses under section 8(2) of the Pensions Act 2014, or under Regulations under section 10 of that Act which make provision corresponding or similar to section 8(2), to be paid a lump sum; or

bb

is entitled to a lump sum under section 8(4) of the Pensions Act 2014, or under Regulations under section 10 of that Act which make provision corresponding or similar to section 8(4), because the person has failed to choose within the period mentioned in section 8(3); or

ii

such a lump sum is repaid in consequence of an application—

aa

to alter the choice mentioned in paragraph (i)(aa) in accordance with regulation 6 of the State Pension Regulations 2015 or Regulations made under section 10 of the Pensions Act 2014 which make provision corresponding or similar to regulation 6 of the State Pension Regulations 2015; or

bb

to make a late choice in accordance with regulation 4(4) of the State Pension Regulations 2015 (when a choice of lump sum or survivor’s pension may be made) or Regulations made under section 10 of the Pensions Act 2014 which make provision corresponding or similar to regulation 4(4) of the State Pension Regulations 2015;

F47p

is a decision awarding employment and support allowance where there has been a failure determination;

q

is a decision made in consequence of a failure determination where the reduction ceases to have effect under of regulation 64 of the Employment and Support Allowance Regulations ;

F32r

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.

F31s

is a decision where on or after the date on which the decision was made, a late or unpaid contribution is treated as paid under—

i

regulation 5 of the Social Security (Crediting and Treatment of Contributions and National Insurance Numbers) Regulations 2001 (treatment of late paid contributions where no consent, connivance or negligence by the primary contributor) on a date which falls on or before the date on which the original decision was made;

ii

regulation 6 of those Regulations (treatment of contributions paid late through ignorance or error) on a date which falls on or before the date on which the original decision was made; or

iii

regulation 60 of the Social Security (Contributions) Regulations 2001 (treatment of unpaid contributions where no consent, connivance or negligence by the primary contributor) on a date which falls on or before the date on which the original decision was made.

F7sa

is a decision where on or after the date on which the decision was made, a late contribution is treated as paid by virtue of regulation 4 of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 for the purposes of entitlement to—

i

a bereavement benefit;

ii

a Category A or Category B retirement pension under Part II of the Contributions and Benefits Act; or

iii

a state pension under Part 1 of the Pensions Act 2014;

F50t

is a decision awarding income support where there has been a determination by the Secretary of State under regulation 6(2) of the Income Support Work-Related Activity Regulations that a person has failed to undertake work-related activity;

u

is a decision made in consequence of a determination by the Secretary of State that a person has failed to undertake work-related activity where a reduction under regulation 8(1) of the Income Support Work-Related Activity Regulations ceases to have effect by virtue of regulation 9 of those Regulations.

3

A decision which may be revised under regulation 3 may not be superseded under this regulation except where—

a

circumstances arise in which the Secretary of State F15or the Board or an officer of the Board may revise that decision under regulation 3; and

b

further circumstances arise in relation to that decision which are not specified in regulation 3 but are specified in paragraph (2) or (4).

4

Where the Secretary of State requires F43or the Board require further evidence or information from the applicant in order to consider all the issues raised by an application under paragraph (2) (“the original application”), he F11or they shall notify the applicant that further evidence or information is required and the decision may be superseded—

a

where the applicant provides further relevant evidence or information within one month of the date of notification or such longer period of time as the Secretary of State F37or the Board may allow; or

b

where the applicant does not provide such evidence or information within the time allowed under sub-paragraph (a), on the basis of the original application.

5

The Secretary of State F41or the Board may treat an application for a revision or a notification of a change of circumstances as an application for a supersession.

6

The following events are not relevant changes of circumstances for the purposes of paragraph (2)—

a

the repayment of a loan to which regulation 66A of the Income Support Regulations M1F13 , regulation 137 of the Employment and Support Allowance Regulations or regulation 136 of the Jobseeker’s Allowance Regulations applies;

F35b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42c

the fact that a person has become terminally ill, within the meaning of section 66(2)(a) of the Contributions and Benefits Act, unless an application for supersession which contains an express statement that the person is terminally ill is made either by—

i

the person himself; or

ii

any other person purporting to act on his behalf whether or not that other person is acting with his knowledge or authority;

and where such an application is received a decision may be so superseded not withstanding that no claim under section 66(1) or, as the case may be, 72(5) or 73(12) of that Act has been made.

7

In paragraph (6)(b), “nursing home” and “residential care home” have the same meanings as they have in regulation 19 of the Income Support Regulations.

F388

In relation to the assessed income period, the only change of circumstance relevant for the purposes of paragraph (2)(a) is that the assessed income period ends in accordance with section 9(4) of the State Pension Credit Act or the regulations made under section 9(5) of that Act.