The Social Security (Adjudication) Amendment (No. 2) Regulations 1987

1A

The Secretary of State may review any determination given by him on any question referred to in paragraph (1) above if —

a

new facts have been brought to his notice, or

b

he is satisfied that the determination —

i

was given in ignorance of some material fact,

ii

was based on a mistake as to some material fact, or

iii

was erroneous in point of law.

SECTION C — INCOME SUPPORT

Notification of decisions in income support cases63

1

Subject to paragraphs (2), (3) and (4), the decision of an adjudication officer on any claim or question relating to income support shall be notified in writing to the claimant who shall at the same time be notified of his right to request a statement of the reasons for that decision and of his right of appeal to an appeal tribunal.

2

Where, under arrangements made by the Secretary of State either throughout or in any part of Great Britain, income support is payable together with a benefit under the 1975 Act4, notice of the aggregate amount so payable shall be notice for the purpose of paragraph (1).

3

Written notice shall not be required of a determination awarding benefit which is implemented by a cash payment if in all the circumstances it would be impracticable to give such a notice.

4

Written notice shall not be required of a determination terminating entitlement to income support if the reason for the termination is already known to the claimant or it is otherwise reasonable in the circumstances not to give such notice.

5

So far as may be practicable, and subject to paragraph (6), where a claimant is notified of a decision under paragraph (1) or (2) the Secretary of State shall also give or send him a written notice of assessment showing —

a

the total amounts of the personal allowances, family premium, other premiums and housing costs determined under Part IV of the Income Support (General) Regulations 19875 as are appropriate in his case; and

b

the income taken into account; and

c

any personal expenses addition, special transitional addition and transitional addition payable under the Income Support (Transitional) Regulations 19876.

6

Paragraph (5) shall not apply to any determination —

a

that income support is not payable for any reason other than that the claimant’s income exceeds the applicable amount;

b

made on review under regulation 69, either under paragraph (3) of that regulation or where in other cases under that regulation the Secretary of State considers a written notice of assessment unnecessary;

c

in respect of a claimant to whom section 23(8) of the 1986 Act (return to work after trade dispute) applies.

7

If, within the time limited by regulation 3 and Schedule 2 for the bringing of an appeal against an adjudication officer’s decision, the claimant requests a statement of the reasons for that decision he shall be given such a statement in writing and shall again be informed of his right of appeal.

Income support and social fund questions not immediately determinable64

1

Where on consideration of a claim or question relating to income support or to payment of maternity expenses from the Social Fund under Part III of the 1986 Act it appears to an adjudication officer that the claimant’s entitlement to, or the rate or amount of, such benefit depends on the determination of any of the questions mentioned in paragraph (3), and he is satisfied that the question cannot be immediately determined, he shall proceed to determine the claim or question on the assumption that the determination of the question so mentioned will be adverse to the claimant.

2

Without prejudice to the power of an adjudication officer to refer any claim or question to an appeal tribunal under section 99(2) of the 1975 Act7, and notwithstanding the provisions of section 100 of that Act, on an appeal to an appeal tribunal in any case where the adjudication officer has applied the provisions of paragraph (1) in respect of any of the questions mentioned in paragraph (3), the tribunal shall not determine the last mentioned question until it has been determined by an adjudication officer.

3

The questions referred to in paragraphs (1) and (2) are —

a

whether in relation to any person the applicable amount falls to be reduced or disregarded to any extent by virtue of section 23(3) of the 1986 Act (persons affected by trade disputes);

b

whether regulation 22 of the Income Support (General) Regulations 19878 (reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualification) applies to a person by virtue of paragraph (4)(c)(iii) of that regulation and, if so, the period of its application by virtue of paragraph (6)(c) of that regulation;

c

whether by virtue of regulation 9(1) of the Income Support (General) Regulations 1987 (persons treated as available for employment) a person is to be treated as available for employment and whether by virtue of regulation 10(1)(b), (d) or (g) of those Regulations he is not to be so treated;

d

whether for the purposes of regulation 12 of the Income Support (General) Regulations 1987 (relevant education) a person is by virtue of that regulation to be treated as receiving relevant education;

e

whether for the purposes of regulation 43 of the Income Support (General) Regulations 1987 (notional earnings of seasonal workers) a person is a seasonal worker and, if he is, the duration of —

i

his last period of normal employment,

ii

his off-season,

except that this sub-paragraph shall not apply in respect of a person who was, during his last period of employment, a self-employed earner (other than a share fisherman);

f

whether for the purposes of regulation 10(1)(a) of the Income Support (General) Regulations 1987 (circumstances in which claimants are not to be treated as available for employment) after a situation in any suitable employment has been properly notified to a claimant as vacant or about to become vacant he has without good cause refused or failed to apply for that situation or refused to accept that situation when offered to him.

Review in income support cases69

1

Subject to regulation 72, a determination on a claim or question relating to income support shall not be revised on review under section 104 of the 1975 Act so as to make income support payable or to increase the amount of income support payable in respect of —

a

any period which falls more than 12 months before the date on which the review was requested or, where no request is made, the date of the review; or

b

any past period which falls within the period of 12 months mentioned in sub-paragraph (a) and has been followed by termination or interruption of entitlement to income support and —

i

the total amount of the increase would be £5 or less, or

ii

the grounds for review are a material fact or relevant change of circumstances of which the claimant was aware but of which he previously failed to furnish information to the Secretary of State.

2

A change mentioned in paragraph 7(8) of Schedule 3 to the Income Support (General) Regulations 19879 (fall in interest rates or reduction of outstanding loan capital) shall be deemed not to be a change of circumstances if the amount of the instalments payable to the lender remains constant but, in such a case, where a determination is subsequently reviewed under section 104(1)(b) of the 1975 Act, that review shall also take account of any such change.

3

A determination relating to income support made by an adjudicating authority or a Commissioner may be reviewed by an adjudication officer or, on a reference by him, by an appeal tribunal for the sole purpose of giving effect to any change in —

a

any amount specified in Schedules 2 to 7 of the Income Support (General) Regulations 1987;

b

the prescribed rate of any payment —

i

under the Child Benefit Act 197510, the 1975 Act or Part II of the 1986 Act as it applies to family credit, or

ii

made by virtue of any scheme made under the Industrial Injuries and Diseases (Old Cases) Act 197511, or

iii

of a war disablement pension or war widow’s pension as defined in section 84(1) of the 1986 Act,

but any such change shall be deemed not to be a change of circumstances for the purposes of section 104 of the 1975 Act.

4

A determination relating to income support made by an adjudicating authority or a Commissioner shall be reviewed by an adjudication officer or, on a reference by him, by an appeal tribunal where this is necessary to give effect to —

a

regulation 22 of the Income Support (General) Regulations 1987 (reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualification); or

b

a determination given on a question to which regulation 64 applies; or

c

a change of circumstances to which regulation 14 (reduction and termination of transitional and personal expenses addition) and regulation 15 (special transitional addition) of the Income Support (Transitional) Regulations 198712 applies, and paragraph (3) shall not apply in any such case.

Review in family credit cases70

Where a review under section 104(1)(a) of the 1975 Act of a decision relating to family credit arises from a disclosure of a material fact of which the person who claimed family credit was, or could reasonably have been expected to be, aware but of which he previously failed to furnish information to the Secretary of State, then if that review would result in either a new award of family credit or an increase in the amount of family credit payable, such new award or increase shall not be payable in respect of any period earlier than 12 months before the date on which that person first furnished that information.