The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999

15.  In Schedule 7 (manner and time of payment, effective date of change of circumstances and commencement of entitlement in income support cases)–

(a) in the heading, for the words “CHANGE OF CIRCUMSTANCES” there shall be substituted the words “SUPERSEDING DECISION”;

(b) for the heading to paragraph 7 (date when change of circumstances is to take effect) there shall be substituted the heading “Date from which superseding decision on ground of change of circumstances takes effect”; and

(c) in paragraph 7(1)–

(i) in sub-paragraph (1), for the words “changed because of a change of circumstances that change of circumstances” there shall be substituted the words “changed by a superseding decision made on the ground of a change of circumstances that superseding decision”;

(ii) in sub-paragraph (2), for the words “the decision given on review” there shall be substituted the words “the superseding decision”; and

(iii) for sub-paragraphs (4) to (6) there shall be substituted the following sub-paragraphs–

“(4) A superseding decision made in consequence of a payment of income being treated as paid on a particular day under regulation 31(1)(b) or (2) or 39C(3) of the Income Support Regulations (date on which income is treated as paid) shall have effect on the day on which that payment is treated as paid.

(5) Where–

(a) it is decided upon supersession on the ground of a relevant change of circumstances that the amount of income support is, or is to be, reduced; and

(b) the Secretary of State certifies that it is impracticable for a superseding decision to have effect from the day prescribed in the preceding sub-paragraphs (other than where sub-paragraph (3)(f) or (4) applies),

that superseding decision shall have effect–

(i) where the relevant change has occurred, from the first day of the benefit week following that in which that superseding decision is made; or

(ii) where the relevant change is expected to occur, from the first day of the benefit week following that in which that change of circumstances is expected to occur.

(6) Where–

(a) a superseding decision (“the former supersession”) was made on the ground of a relevant change of circumstances in the cases set out in sub-paragraph (3)(b) to (f); and

(b) that superseding decision is itself superseded by a subsequent decision because the circumstances which gave rise to the former supersession cease to apply (“the second change”),

that subsequent decision shall have effect from the date of the second change.”.

(1)

Paragraph 7 was substituted by S.I. 1990/2208 and amended by S.I. 1991/387, 1992/247 and 1998/1174.