The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013

PART 1 GENERAL

Citation, commencement and application

1.—(1) These Regulations may be cited as the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013.

(2) They come into force—

(a) in so far as they relate to personal independence payment and for the purposes of this regulation, on 8th April 2013;

(b) for all remaining purposes, on 29th April 2013.

(3) These Regulations apply in relation to—

(a) an employment and support allowance payable under Part 1 of the 2007 Act as amended by Schedule 3 and Part 1 of Schedule 14 to the 2012 Act (to remove references to an income-related allowance);

(b) a jobseeker’s allowance payable under the Jobseekers Act as amended by Part 1 of Schedule 14 to the 2012 Act (to remove references to an income-based allowance);

(c) personal independence payment; and

(d) universal credit.

Interpretation

2.  In these Regulations—

“the 1998 Act” means the Social Security Act 1998(1);

“the 2007 Act” means the Welfare Reform Act 2007(2);

“the 2012 Act” means the Welfare Reform Act 2012(3);

“the Administration Act” means the Social Security Administration Act 1992(4);

“appeal”, except where the context otherwise requires, means an appeal to the First-tier Tribunal established under the Tribunals, Courts and Enforcement Act 2007(5);

“appropriate office” means—

(a)

in the case of a contributions decision which falls within Part 2 (contributions decisions) of Schedule 3 (decisions against which an appeal lies) to the 1998 Act, any National Insurance Contributions office of HMRC or any office of the Department for Work and Pensions; or

(b)

in any other case, the office of the Department for Work and Pensions, or other place, the address of which is specified on the notification of the original decision referred to in regulation 5(1) (revision on any grounds);

“assessment period” is to be construed in accordance with regulation 21 (assessment periods) of the Universal Credit Regulations;

“benefit” means a benefit or an allowance in relation to which these Regulations apply;

“benefit week” has the same meaning as in—

(a)

regulation 2 (interpretation) of the Employment and Support Allowance Regulations 2013(6) in the case of an employment and support allowance;

(b)

regulation 2 (general interpretation) of the Jobseeker’s Allowance Regulations 2013(7), in the case of a jobseeker’s allowance;

“child” means a person under the age of 16;

“claimant” means—

(a)

any person who has claimed—

(i)

an employment and support allowance;

(ii)

a jobseeker’s allowance;

(iii)

personal independence payment;

(b)

in the case of universal credit, any person who is a claimant for the purposes of section 40 (interpretation) of the 2012 Act; and

(c)

any other person from whom an amount of benefit is alleged to be recoverable;

“the Claims and Payments Regulations 2013” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013(8);

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992(9);

“the date of notification”, in relation to a decision of the Secretary of State, means the date on which the notification of the decision is treated as having been given or sent in accordance with—

(a)

regulation 3 (service of documents); or

(b)

where the notification is given or sent using an electronic communication, Schedule 2 (electronic communications) to the Claims and Payments Regulations 2013;

“designated authority” means—

(a)

the Secretary of State; or

(b)

a person providing services to the Secretary of State;

“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000(10);

“employment and support allowance” means an employment and support allowance in relation to which these Regulations apply;

“the Fraud Act” means the Social Security Fraud Act 2001(11);

“fraud penalty”, in relation to any claimant of an employment and support allowance, a jobseeker’s allowance or universal credit, means any period during which the provisions of section 6B, 7 or 9 of the Fraud Act(12) apply to the award;

“family” means the claimant’s partner and any—

(a)

child; or

(b)

qualifying young person, within the meaning of regulation 5 (meaning of “qualifying young person”) of the Universal Credit Regulations,

who is a member of the same household as the claimant and for whom the either the claimant or their partner is, or both of them are, responsible;

“HMRC” means Her Majesty’s Revenue and Customs;

“the Jobseekers Act” means the Jobseekers Act 1995(13);

“jobseeker’s allowance” means a jobseeker’s allowance in relation to which these Regulations apply;

“limited capability for work” has the same meaning as in—

(a)

section 1(4) of the 2007 Act in relation to an employment and support allowance;

(b)

section 37(1) of the 2012 Act in relation to universal credit;

“limited capability for work determination” means—

(a)

where the determination relates to an employment and support allowance, a determination whether a person has limited capability for work following a limited capability for work assessment in accordance with regulation 15(1) (determination of limited capability for work) of the Employment and Support Allowance Regulations 2013, or a determination that a person is to be treated as having limited capability for work in accordance with regulation 16 (certain claimants to be treated as having limited capability for work ) or 25 (exceptional circumstances) of those Regulations;

(b)

where the determination relates to universal credit, a determination whether a person has limited capability for work following a limited capability for work assessment referred to in regulation 39(2) (limited capability for work) of the Universal Credit Regulations, or a determination that a person is to be treated as having limited capability for work in accordance with regulation 39(6) of those Regulations;

“official error” means an error made by—

(a)

an officer of the Department for Work and Pensions or HMRC acting as such which was not caused or materially contributed to by any person outside the Department or HMRC;

(b)

a person employed by, and acting on behalf of, a designated authority which was not caused or materially contributed to by any person outside that authority,

but excludes any error of law which is shown to have been such by a subsequent decision of the Upper Tribunal, or of the court as defined in section 27(7) of the 1998 Act(14);

“partner” means one of a couple within the meaning of section 39 (couples) of the 2012 Act;

“personal independence payment” means an allowance payable under Part 4 (personal independence payment) of the 2012 Act;

“relevant benefit” has the same meaning as in Chapter 2 (social security decisions and appeals) of Part 1 (decisions and appeals) of the 1998 Act;

“the Rent Officers Order 2013” means the Rent Officers (Universal Credit Functions) Order 2013(15);

“terminally ill”, in relation to a claimant, means that the claimant is suffering from a progressive disease and that death in consequence of that disease can reasonably be expected within 6 months;

“the Tribunal Procedure Rules” means the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008(16);

“the Universal Credit Regulations” means the Universal Credit Regulations 2013(17);

“universal credit” means the benefit payable under Part 1 (universal credit) of the 2012 Act;

“writing” includes writing produced by means of electronic communications used in accordance with regulation 4 (electronic communications).

Service of documents

3.—(1) Where, under any provision of these Regulations, any notice or other document is given or sent by post to the Secretary of State, it is to be treated as having been given or sent on the day on which it is received by the Secretary of State.

(2) Where, under any provision of these Regulations, the Secretary of State sends a notice or other document by post to a person’s last known address, it is to be treated as having been given or sent on the day on which it was posted.

Electronic communications

4.  Schedule 2 (electronic communications) to the Claims and Payments Regulations 2013 applies to the delivery of electronic communications to or by the Secretary of State for the purposes of these Regulations in the same manner as it applies to the delivery of electronic communications for the purposes of the Claims and Payments Regulations 2013.

(1)

1998 c. 14.

(2)

2007 c. 5.

(3)

2012 c. 5.

(4)

1992 c. 5.

(5)

2007 c. 15.

(6)

S.I. 2013/379.

(7)

S.I. 2013/378.

(8)

S.I. 2013/380.

(9)

1992 c. 4.

(10)

2000 c.7. The definition of “electronic communication” was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).

(11)

2001 c. 11 (“the Fraud Act”).

(12)

Section 6B was inserted by section 24(1) of the Welfare Reform Act 2009 (c. 24) (“the 2009 Act”). Section 6B was amended by section 113(8) of the 2012 Act and is amended by the 2009 and 2012 Acts, from a date to be appointed. Section 7 was amended by paragraph 45 of Schedule 2 to the State Pension Credit Act 2002 (“the 2002 Act”) (c.16), by Schedule 6 to the Tax Credits Act, by section 49 of, and paragraph 23 to Schedule 3 to, the 2007 Act and by paragraph 2 of Schedule 4 to the 2009 Act. Section 7(4A) was inserted by paragraph 45(2) of Schedule 2 to the 2002 Act. Subsection (4B) was inserted by paragraph 23(2) of Schedule 3 to the 2007 Act. Section 9(4A) was inserted by paragraph 46(3) of Schedule 2 to the 2002 Act. Section 9(4B) was inserted by paragraph 23(5) of Schedule 3 to 2007 Act. Sections 7 to 9 were amended by Schedule 4 to the 2009 Act.

(13)

1995 c. 18.

(14)

Relevant amendments were made to section 27(7) by section 40 of, and paragraph 64 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4), section 28 of, and paragraph 17 of Schedule 3 to, the 2007 Act, by S.I. 2011/1043, and by sections 31 and 91 of, and paragraphs 43 and 47 of Schedule 2 and paragraphs 37 and 41 of Schedule 9 to, the 2012 Act.

(15)

S.I. 2013/382.

(16)

S.I. 2008/2685.

(17)

S.I. 2013/376.