2003 No. 1050
The Social Security and Child Support (Miscellaneous Amendments) Regulations 2003
Made
Laid before Parliament
Coming into force in accordance with regulation 1(1)
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 17(3) and (5) and 54 of the Child Support Act 1991 M1 sections 5(1)(hh), (i) and (j), 189(1) and (4) and 191 of the Social Security Administration Act 1992 M2 sections 9(1), 10(3) and (6) and 84 of the Social Security Act 1998 M3 and paragraphs 4(4) and (6), 10(1) and 23(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 M4, and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals to make these Regulations should not be referred to it M5 and so far as they concern housing benefit and council tax benefit after consultation with organisations appearing to the Secretary of State to be representative of the authorities concerned M6, hereby makes the following Regulations:
1992 c. 5. Sub-paragraph (hh) of section 5(1) was inserted by the Social Security Act 1998 (c. 14), section 74 and amended by the Child Support, Pensions and Social Security Act 2000 (c. 19), Schedule 7, paragraph 21(1); there are amendments to section 189(1) and (4) which are not relevant to these Regulations; section 191 is an interpretation provision and is cited because of the meaning ascribed to the word “prescribe”.
1998 c. 14. Section 84 is cited because of the meaning ascribed to the word “prescribe”.
2000 c. 19. Paragraph 23(1) of Schedule 7 is cited because of the meaning ascribed to the word “prescribed”.
See the Social Security Administration Act 1992, section 173(1)(b).
See the Social Security Administration Act 1992, section 176(1)(a).
Citation, commencement and interpretation1
1
These Regulations may be cited as the Social Security and Child Support (Miscellaneous Amendments) Regulations 2003 and shall come into force as follows—
a
regulations 1, 2, 3(1) to (3) and (5), F1and 4 to 6 shall come into force on 5th May 2003;
b
regulation 3(4) and (6) shall come into force—
i
except for the purposes of any type of case referred to in head (ii), on 5th May 2003; and
ii
for the purposes of any type of case which is not one in relation to which 3rd March 2003 is the day appointed for the coming into force of section 9 of the Child Support, Pensions and Social Security Act 2000 M7, on the day on which that section comes into force in relation to that type of case.
2
In these Regulations—
“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 M8;
“the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 M9;
“the Housing Benefit and Council Tax Benefit Regulations” means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 M10;
“the Maintenance Assessment Procedure Regulations” means the Child Support (Maintenance Assessment Procedure) Regulations 1992 M11.
Amendment of the Claims and Payments Regulations2
For the heading and paragraph (1) of regulation 32 of the Claims and Payments Regulations (information to be given when obtaining payment of benefit) M12 there shall be substituted—
Information to be given and changes to be notified32
1
Except in the case of a jobseeker’s allowance, every beneficiary and every person by whom, or on whose behalf, sums by way of benefit are receivable shall furnish in such manner and at such times as the Secretary of State may determine such information or evidence as the Secretary of State may require for determining whether a decision on the award of benefit should be revised under section 9 of the Social Security Act 1998 M13 or superseded under section 10 of that Act.
1A
Every beneficiary and every person by whom, or on whose behalf, sums by way of benefit are receivable shall furnish in such manner and at such times as the Secretary of State may determine such information or evidence as the Secretary of State may require in connection with payment of the benefit claimed or awarded.
1B
Except in the case of a jobseeker’s allowance, every beneficiary and every person by whom or on whose behalf sums by way of benefit are receivable shall notify the Secretary of State of any change of circumstances which he might reasonably be expected to know might affect—
a
the continuance of entitlement to benefit; or
b
the payment of the benefit,
as soon as reasonably practicable after the change occurs by giving notice in writing (unless the Secretary of State determines in any particular case to accept notice given otherwise than in writing) of any such change to an appropriate office.
Amendment of the Decisions and Appeals RegulationsI13
1
F3In regulation 1(3) of the Decisions and Appeals Regulations (citation, commencement and interpretation) for the definition of “out of jurisdiction appeal” there shall be substituted—
“out of jurisdiction appeal” means an appeal brought against a decision which is specified in—
a
Schedule 2 to the Act or a decision prescribed in regulation 27 (decision against which no appeal lies); or
b
paragraph 6(2) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 (appeal to appeal tribunal) or a decision prescribed in regulation 16 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (decision against which no appeal lies);
2
In regulation 3(9)(a) of the Decisions and Appeals Regulations (revision of decisions) M14 for “was made” there shall be substituted “
had effect
”
.
3
In regulation 6 of the Decisions and Appeals Regulations (supersession of decisions) M15—
a
in paragraph (2)(a)(i) for “was made” there shall be substituted “
had effect
”
;
b
for paragraph (2)(c) there shall be substituted—
c
is a decision of an appeal 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;
c
after paragraph (2)(d) “or” shall be omitted;
d
after paragraph (2)(g) “and” shall be omitted.
4
In regulation 6A of the Decisions and Appeals Regulations (supersession of child support decisions) M16 after paragraph (4) there shall be inserted—
4A
A decision may be superseded by a decision made by the Secretary of State—
a
where an application is made on the basis that; or
b
acting on his own initiative where,
the decision to be superseded is a decision of an appeal tribunal or of a Commissioner that was made in accordance with section 28ZB(4)(b) of the Child Support Act M17, in a case where section 28ZB(5) of that Act applies.
5
In regulation 7 of the Decisions and Appeals Regulations (date from which a decision superseded under section 10 takes effect) M18—
a
in paragraph (1)(a) for “paragraph (2)(b)” there shall be substituted “
paragraphs (2)(b), (29) and (30)
”
;
b
in paragraph (2) for “was made” there shall be substituted “
had effect
”
;
c
in paragraph (5) after “regulation 6(2)(c)” there shall be inserted “
(i)
”
;
d
for paragraph (9)(a) there shall be substituted—
a
where the decision is made on the Secretary of State’s own initiative—
i
the date on which the Secretary of State commenced action with a view to supersession; or
ii
subject to paragraph (30), in a case where the relevant circumstances are that there has been a change in the legislation in relation to attendance allowance or disability living allowance, the date on which that change in the legislation had effect;
e
after paragraph (29) there shall be added—
30
Where a decision is superseded in accordance with regulation 6(2)(a)(i) and the relevant circumstances are that there has been a change in the legislation in relation to a relevant benefit, the decision under section 10 shall take effect from the date on which that change in the legislation had effect.
31
Where a decision is superseded in accordance with regulation 6(2)(a)(ii) and the relevant circumstances are that—
a
a personal capability assessment has been carried out in the case of a person to whom section 171C(4) of the Contributions and Benefits Act M19 applies; and
b
the own occupation test remains applicable to him under section 171B(3) of that Act M20,
the decision under section 10 shall take effect on the day immediately following the day on which the own occupation test is no longer applicable to that person.
32
For the purposes of paragraph (31)—
a
“personal capability assessment” has the same meaning as in regulation 24 of the Social Security (Incapacity for Work) (General) Regulations 1995 M21;
b
“own occupation test” has the same meaning as in section 171B(2) of the Contributions and Benefits Act.
33
A decision to which regulation 6(2)(c)(ii) applies shall take effect from the date on which the appeal tribunal or the Commissioner’s decision would have taken effect had it been decided in accordance with the determination of the Commissioner or the court in the appeal referred to in section 26(1)(b).
6
In regulation 7B of the Decisions and Appeals Regulations (date from which a decision superseded under section 17 of the Child Support Act takes effect) M22 after paragraph (22) there shall be inserted—
22A
Where a superseding decision is made in a case to which regulation 6A(4A) applies the decision shall take effect from the first day of the maintenance period following the date the appeal tribunal or the Commissioner’s decision would have taken effect had it been decided in accordance with the determination of the Commissioner or the court in the appeal referred to in section 28ZB(1)(b) of the Child Support Act.
Amendment of the Housing Benefit and Council Tax Benefit Regulations4
1
In regulation 7 of the Housing Benefit and Council Tax Benefit Regulations (decisions superseding earlier decisions)—
a
in paragraph (2)(a)(i) after “a change of circumstances” there shall be inserted “
since the decision had effect
”
;
b
for paragraph (2)(d) there shall be substituted—
d
of an appeal 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 paragraph 17(4)(b) of Schedule 7 to the Act, in a case where paragraph 17(5) of that Schedule to the Act applies;
2
In regulation 8 of the Housing Benefit and Council Tax Benefit Regulations (date from which a decision superseding an earlier decision takes effect), after paragraph (9) there shall be added—
10
Where the decision is superseded in accordance with regulation 7(2)(a)(i) and the relevant circumstances are that there has been a change in the legislation in relation to housing benefit or council tax benefit, the superseding decision shall take effect from the date on which that change in the legislation had effect.
11
Where a superseding decision is made in a case to which regulation 7(2)(d)(ii) applies the superseding decision shall take effect from the date on which the appeal tribunal or the Commissioner’s decision would have taken effect had it been decided in accordance with the determination of the Commissioner or the court in the appeal referred to in paragraph 17(1)(b) of Schedule 7 to the Act.
Amendment of the Maintenance Assessment Procedure Regulations5
1
In regulation 20 of the Maintenance Assessment Procedure Regulations (supersession of decisions) M23 after paragraph (4) there shall be inserted—
4A
A decision may be superseded by a decision made by the Secretary of State—
a
where an application is made on the basis that; or
b
acting on his own initiative where,
the decision to be superseded is a decision of an appeal tribunal or of a Child Support Commissioner that was made in accordance with section 28ZB(4)(b) of the Act, in a case where section 28ZB(5) of the Act applies.
2
In regulation 23 of the Maintenance Assessment Procedure Regulations (date from which a decision is superseded) M24 after paragraph (19) there shall be added—
20
Where a superseding decision is made in a case to which regulation 20(4A) applies that decision shall take effect from the first day of the maintenance period following the date on which the appeal tribunal or the Child Support Commissioner’s decision would have taken effect had it been decided in accordance with the determination of the Child Support Commissioner or the court in the appeal referred to in section 28ZB(1)(b) of the Act.
Tax CreditsF26
Nothing in these Regulations shall affect the application of the Claims and Payments Regulations and the Decisions and Appeals Regulations to working families' tax credit and disabled person’s tax credit.
Signed by authority of the Secretary of State for Work and Pensions.
1991 c. 48. Section 17 was substituted by the Social Security Act 1998, section 41; section 54 is cited because of the meaning ascribed to the word “prescribed”.