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The Social Security and Child Support (Decisions and Appeals) Regulations 1999

Type Statutory-Instrument

Publication 1999-03-26

Last updated 2026-03-15

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Made: 26th March 1999

Coming into force in accordance with regulation 1(2)

Whereas a draft of this Instrument was laid before Parliament in accordance with section 80(1) of the Social Security Act 1998 and approved by resolution of each House of Parliament;

Now, therefore, the Secretary of State for Social Security, in exercise of powers set out in Schedule 1 to this Instrument and of all other powers enabling him in that behalf, with the concurrence of the Lord Chancellor in so far as the Regulations are made under section 6(3) of the Social Security Act 1998, by this Instrument, which contains only regulations made by virtue of, or consequential upon, those provisions of the Social Security Act 1998 and which is made before the end of the period of six months beginning with the coming into force of those provisions, after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992, hereby makes the following Regulations:

PART I — GENERAL

Citation, commencement and interpretation

1

(1) These Regulations may be cited as the Social Security and Child Support (Decisions and Appeals) Regulations 1999.

(2) These Regulations shall come into force—

(a) in so far as they relate to child support and for the purposes of this regulation and regulation 2 on 1st June 1999;

(b) in so far as they relate to—

(i) industrial injuries benefit, guardian’s allowance and child benefit; and

(ii) a decision made under the Pension Schemes Act 1993 by virtue of section 170(2) of that Act;

on 5th July 1999;

(c) in so far as they relate to retirement pension, widow’s benefit, incapacity benefit, severe disablement allowance and maternity allowance, on 6th September 1999;

(d) in so far as they relate to family credit and disability working allowance working families' tax credit and disabled person’s tax credit, on 5th October 1999;

(e) in so far as they relate to attendance allowance, disability living allowance, invalid care allowance, jobseeker’s allowance, credits of contributions or earnings, home responsibilities protection and vaccine damage payments, on 18th October 1999; and

(f) for all remaining purposes, on 29th November 1999.

(2A) In so far as these Regulations relate to—

(a) an employment and support allowance payable under the Welfare Reform Act, they apply only in so far as the Act has effect apart from the amendments made by Schedule 3 and Part 1 of Schedule 14 to the Welfare Reform Act 2012 (“ the 2012 Act ”) (removing references to an income-related allowance);

(b) a jobseeker's allowance payable under the Jobseekers Act 1995, they apply only in so far as the Act has effect apart from the amendments made by Part 1 of Schedule 14 to the 2012 Act (removing references to an income-based allowance).

(2B) These Regulations do not apply to universal credit (within the meaning of Part 1 of the Welfare Reform Act 2012) or personal independence payment (within the meaning of Part 4 of that Act).

(3) In these Regulations, unless the context otherwise requires—

“the Act” means the Social Security Act 1998;

“the 1997 Act” means the Social Security (Recovery of Benefits) Act 1997 ;

“the Arrears, Interest and Adjustment of Maintenance Assessments Regulations" means the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992;

“assessed income period” is to be construed in accordance with sections 6 and 9 of the State Pension Credit Act;

“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 ;

“appeal” means an appeal to an appeal tribunal the First-tier Tribunal;

“bereavement allowance” means an allowance under section 39B of the Contributions and Benefits Act;

“bereavement benefit” means—a bereavement allowance; bereavement support payment under section 30 of the Pensions Act 2014; or a bereavement payment; or bereavement support payment under section 30 of the Pensions Act 2014; or a widowed parent’s allowance;

“bereavement payment” means a bereavement payment under section 36 of the Contributions and Benefits Act;

“the Board” means the Commissioners of Inland Revenue for Her Majesty’s Revenue and Customs;

“claimant” means—any person who is a claimant for the purposes of section 191 of the Administration Act section 35(1) of the Jobseekers Act, section 17(1) of the State Pension Credit Act or section 24(1) of the Welfare Reform Act or any other person from whom benefit is alleged to be recoverable; andany person subject to a decision of an officer of the Board under the Pension Schemes Act 1993 ;

“clerk to the appeal tribunal” means a clerk assigned to the appeal tribunal in accordance with regulation 37;

“contribution-based jobseeker’s allowance” means a contribution-based jobseeker’s allowance under Part 1 of the Jobseekers Act;

“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;

“couple” means— two people who are married to, or civil partners of, each other and are members of the same household; ortwo people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners;

“the date of notification” means—the date that notification of a decision of the Secretary of State or an officer of the Board is treated as having been given or sent in accordance with regulation 2(b); ...in the case of a social fund payment arising in accordance with regulations made under section 138(2) of the Contributions and Benefits Act—the date seven days after the date on which the Secretary of State makes his decision to make a payment to a person to meet expenses for heating;where a person collects the instrument of payment at a post office, the date the instrument is collected;where an instrument of payment is sent to a post office for collection but is not collected and a replacement instrument is issued, the date on which the replacement instrument is issued; orwhere a person questions his failure to be awarded a payment for expenses for heating, the date on which the notification of the Secretary of State’s decision given in response to that question is issued; orwhere notification of a decision of the Secretary of State is sent by means of an electronic communication (within the meaning given in section 15(1) of the Electronic Communications Act 2000), the date on which the notification is sent.

“the Deferral of Retirement Pensions etc. Regulations” means the Social Security (Deferral of Retirement Pensions, Shared Additional Pension and Graduated Retirement Benefit) (Miscellaneous Provisions) Regulations 2005;

“designated authority" has the meaning it has in regulation 2(1) of the Work-focused Interviews Regulations;“designated authority” means—the Secretary of State;a person providing services to the Secretary of State;a local authority;a person providing services to, or authorised to exercise any functions of, any such authority;

“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;

“failure determination” means a determination by the Secretary of State under regulation 61(2) of the Employment and Support Allowance Regulations or regulation 8(2) of the Employment and Support Allowance (Work-Related Activity) Regulations 2011 that a claimant has failed to satisfy a requirement of regulation 54 of the Employment and Support Allowance Regulations (requirement to take part in a work-focused interview) or regulation 3 of the Employment and Support Allowance (Work-Related Activity) Regulations 2011 (requirement to undertake work-related activity).

“family" has the same meaning as in section 137 of the Contributions and Benefits Act;

“the Graduated Retirement Benefit Regulations” means the Social Security (Graduated Retirement Benefit) Regulations 2005;

“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;

“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;

“Income Support Work-Related Activity Regulations” means the Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations 2014;

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ;

“a joint-claim couple” has the same meaning as in section 1(4) of the Jobseekers Act 1995;

“a joint-claim jobseeker’s allowance” has the same meaning as in section 1(4) of the Jobseekers Act 1995;

“legally qualified panel member” means a panel member who satisfies the requirements of paragraph 1 of Schedule 3;

“limited capability for work” has the same meaning as in section 1(4) of the Welfare Reform Act

“the Loans for Mortgage Interest Regulations” means the Loans for Mortgage Interest Regulations 2017;

“the Maintenance Calculation Procedure Regulations" means the Child Support (Maintenance Calculation Procedure) Regulations 2000;

“the Maintenance Calculations and Special Cases Regulations" means the Child Support (Maintenance Calculations and Special Cases) Regulations 2000;

“medically qualified panel member” means a panel member who satisfies the requirements of paragraph 2 of Schedule 3;

“official error” means an error made by— an officer of the Department for Work and Pensions ... or the Board acting as such which no person outside the Department ... or the Inland Revenue caused or to which no person outside the Department ... or the Inland Revenue materially contributed; a person employed by a designated authority acting on behalf of the authority, which no person outside that authority caused or to which no person outside that authority materially contributed,but excludes any error of law which is shown to have been an error by virtue of a subsequent decision of the Upper Tribunal or the court;

“out of jurisdiction appeal” means an appeal brought against a decision which is specified in—Schedule 2 to the Act or a decision prescribed in regulation 27 (decision against which no appeal lies); orparagraph 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) ;

“owner-occupier loan payments” means loan payments made under the Loans for Mortgage Interest Regulations;

“owner-occupier payments” has the same meaning as in Part 1 of Schedule 1 to the Loans for Mortgage Interest Regulations.

“panel” means the panel constituted under section 6;

“panel member” means a person appointed to the panel;

“panel member with a disability qualification” means a panel member who satisfies the requirements of paragraph 5 of Schedule 3;

“partner” means—where a person is a member of a couple, the other member of that couple; orwhere a person is polygamously married to two or more members of his household, any such member;

“party to the proceedings” means the Secretary of State ... or, as the case may be, the Board or an officer of the Board, and any other person—who is one of the principal parties for the purposes of sections 13 and 14; who has a right of appeal to an appeal tribunal the First-tier Tribunal under section 11(2) of the 1997 Act , section 20 of the Child Support Act ... , section 2B(6) of the Administration Act or section 12(2);

“President” means the President of appeal tribunals appointed under section 5;

“referral” means a referral of an application for a variation to an appeal tribunalthe First-tier Tribunal under section 28D(1)(b) of the Child Support Act .

“relevant other child” is to be interpreted by reference to paragraph 10C(2) of Schedule 1 to the Child Support Act;

“the Lump Sum Payments Regulations” means the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008;

except where otherwise provided “relevant person" means—a person with care;a non-resident parent;a parent who is treated as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations;a child, where the application for a maintenance calculation is made by that child under section 7 of the Child Support Act, in respect of whom a maintenance calculation has been applied for ... or is or has been in force;

“relevant credit" means a credit of contributions or earnings resulting from a decision in accordance with regulations made under section 22(5) of the Contributions and Benefits Act;

“Scottish disability benefit” means, as the context requires, any of the following benefits—adult disability payment within the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; ...child disability payment within the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021; ; ... pension age disability payment within the meaning given in regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024;or Scottish adult disability living allowance within the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;

“shared additional pension” means a shared additional pension under section 55A or 55AA of the Contributions and Benefits Act;

“state pension credit” means the benefit payable under the State Pension Credit Act ;

“State Pension Credit Act” means the State Pension Credit Act 2002;

“State Pension Credit Regulations” means the State Pension Credit Regulations 2002;

“tax credit” means working families' tax credit or disabled person’s tax credit, construing those terms in accordance with section 1(1) of the Tax Credits Act 1999;

“the Transfer Act" means the Social Security Contributions (Transfer of Functions, etc. ) Act 1999;

“the Variations Regulations" means the Child Support (Variations) Regulations 2000.

“the Welfare Reform Act” means the Welfare Reform Act 2007;

“widowed parent’s allowance” means an allowance under section 39A of the Contributions and Benefits Act;

“work-focused interview” means an interview in which a person is required to take part in accordance with regulations made under section 2A or 2AA of the Administration Act;

“the Work-focused Interviews Regulations" means the Social Security (Work-focused Interviews) Regulations 2000;

(3A) In these Regulations as they relate to any decision made under the Pension Schemes Act 1993 by virtue of section 170(2) of that Act, any reference to the Secretary of State is to be construed as if it were a reference to an officer of the Board.

(4) In these Regulations, unless the context otherwise requires, a reference—

(a) to a numbered section is to the section of the Act bearing that number;

(b) to a numbered Part is to the Part of these Regulations bearing that number;

(d) in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;

(e) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

Service of notices or documents

2

Where, by any provision of the Act , of the Child Support Act or of these Regulations—

(a) any notice or other document is required to be given or sent ... to an officer authorised by the Secretary of State or to an officer of the Board, that notice or document shall be treated as having been so given or sent on the day that it is received ... by an officer authorised by the Secretary of State or by an officer of the Board, as the case may be, and

(b) any notice (including notification of a decision of the Secretary of State) or other document is required to be given or sent to any person other than ... to an officer ... an officer authorised by the Secretary of State or an officer of the Board, as the case may be, that notice or document shall, if sent by post to that person’s last known address, be treated as having been given or sent on the day that it was posted.

CHAPTER I — REVISIONS

Revision of decisions

3

(1) Subject to the following provisions of this regulation, any decision of the Secretary of State or the Board or an officer of the Board under section 8 or 10 (“the original decision”) may be revised by him or them if—

(a) he or they commence action leading to revision within one month of the date of notification of the original decision; or

(b) an application for a revision is received by the Secretary of State or the Board or an officer of the Board at the appropriate office—

(i) subject to regulation 9A(3), within one month of the date of notification of the original decision;

(ii) where a written statement is requested under paragraph (3)(b) of regulation 3ZA or paragraph (1)(b) of regulation 28 and is provided within the period specified in head (i), within 14 days of the expiry of that period;

(iii) where a written statement is requested under paragraph (3)(b) of regulation 3ZA or paragraph (1)(b) of regulation 28 and is provided after the period specified in head (i), within 14 days of the date on which the statement is provided; or

(iv) within such longer period as may be allowed under regulation 4.

(2) Where the Secretary of State or the Board or an officer of the Board requires further evidence or information from the applicant in order to consider all the issues raised by an application under paragraph (1)(b) (“the original application”), he or they shall notify the applicant that further evidence or information is required and the decision may be revised—

(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 or the Board or an officer of 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.

(3) In the case of a payment out of the social fund in respect of maternity or funeral expenses, a decision under section 8 may be revised where the application is made—

(a) within one month of the date of notification of the decision, or if later

(b) within the time prescribed for claiming such a payment under regulation 19 of, and Schedule 4 to, the Claims and Payments Regulations , or

(4) In the case of a decision made under the Pension Schemes Act 1993 by virtue of section 170(2) of that Act, the decision may be revised at any time by an officer of the Board where it contains an error.

(4A) Where there is an appeal against an original decision (within the meaning of paragraph (1)) within the time prescribed by Tribunal Procedure Rules but the appeal has not been determined, the original decision may be revised at any time.

(5) A decision of the Secretary of State Board or an officer of the Board under section 8 or 10—

(a) except where paragraph (5ZA) applies which arose from an official error; or

(b) except in a case to which sub-paragraph (c) or (d) applies, where the decision was made in ignorance of, or was based upon a mistake as to, some material fact and as a result of that ignorance of or mistake as to that fact, the decision was more advantageous to the claimant than it would otherwise have been but for that ignorance or mistake,

which was made in ignorance of, or was based on a mistake as to, some material fact,

(c) subject to sub-paragraph (d), where the decision is a disability benefit decision, or is an incapacity benefit decision where there has been an incapacity determination or is an employment and support allowance decision where there has been a limited capability for work determination (whether before or after the decision), which was made in ignorance or, or was based upon a mistake as to, some material fact in relation to a disability determination embodied in or necessary to the disability benefit decision, the incapacity determination or the limited capability for work determination, and

(i) as a result of that ignorance of or mistake as to that fact the decision was more advantageous to the claimant than it would otherwise have been but for that ignorance or mistake and,

(ii) the Secretary of State is satisfied that at the time the decision was made the claimant or payee knew or could reasonably have been expected at the time the decision was made to know of the fact in question and that it was relevant to the decision,

(d) where the decision is an employment and support allowance decision, is a disability benefit decision, or is an incapacity benefit decision, which was made in ignorance of, or was based upon a mistake as to, some material fact not in relation to the limited capability for work determination, incapacity or disability determination embodied in or necessary to the employment and support allowance decision, the incapacity benefit decision or disability benefit decision, and as a result of that ignorance of, or mistake as to that fact, the decision was more advantageous to the claimant than it would otherwise have been but for the ignorance or mistake,

may be revised at any time by the Secretary of State. by the Board or an officer of the Board at any time not later than the end of the period of six years immediately following the date of the decision or, where ignorance of the material fact referred to in sub-paragraph (b) was caused by the fraudulent or negligent conduct of the claimant, not later than the end of the period of twenty years immediately following the date of the decision.

(5ZA) This paragraph applies where—

(a) the decision which would otherwise fall to be revised is a decision to award a benefit specified in paragraph (5ZB), whether or not the award has already been put in payment;

(b) that award was based on the satisfaction by a person of the contribution conditions, in whole or in part, by virtue of credits of earnings for incapacity for work or approved training in the tax years from 1993-94 to 2007-08;

(c) the official error derives from the failure to transpose correctly information relating to those credits from the Department for Work and Pensions’ Pension Strategy Computer System to Her Majesty’s Revenue and Customs’ computer system ( NIRS2 ) or from related clerical procedures; and

(d) that error has resulted in an award to the claimant which is more advantageous to him than if the error had not been made.

(5ZB) The specified benefits are—

(a) bereavement allowance;

(aa) bereavement support payment under section 30 of the Pensions Act 2014;

(b) contribution-based jobseeker’s allowance;

(d) retirement pension;

(e) widowed mother’s allowance;

(f) widowed parent’s allowance; ...

(g) widow’s pension; and

(h) contributory employment and support allowance.

(5ZC) In paragraph (5ZA)(b), “tax year” has the meaning ascribed to it by section 122(1) of the Contributions and Benefits Act.

(5A) Where—

(a) the Secretary of State or the Board or an officer of the Board, as the case may be, makes a decision under section 8 or 10, or that decision is revised under section 9, in respect of a claim or award (“decision A”) and the claimant appeals against decision A;

(b) decision A is superseded or the claimant makes a further claim which is decided (“decision B”) after the claimant made the appeal but before the appeal results in a decision by the First-tier Tribunal (“decision C”); and

(c) the Secretary of State or the Board or an officer of the Board, as the case may be, would have made decision B differently if he or they had been aware of decision C at the time he or they made decision B,

decision B may be revised at any time.

(5B) A decision by the Secretary of State under section 8 or 10 awarding incapacity benefit may be revised at any time if—

(a) it incorporates a determination that the condition in regulation 28(2)(b) of the Social Security (Incapacity for Work) (General) Regulations 1995 (conditions for treating a person as incapable of work until the personal capability assessment is carried out) is satisfied;

(b) the condition referred to in sub-paragraph (a) was not satisfied at the time when the further claim was first determined; and

(5C) A decision of the Secretary of State under section 10 made in consequence of a failure determination may be revised at any time if it contained an error to which the claimant did not materially contribute;

(5D) A decision by the Secretary of State under section 8 or 10 awarding an employment and support allowance may be revised at any time if—

(a) it incorporates a determination that the conditions in regulation 30 of the Employment and Support Allowance Regulations are satisfied;

(b) the condition referred to in sub-paragraph (a) was not satisfied at the time when the claim was made; and

(5E) A decision under section 8 or 10 awarding an employment and support allowance may be revised if—

(a) the decision of the Secretary of State awarding an employment and support allowance was made on the basis that the claimant had made and was pursuing an appeal against a decision of the Secretary of State that the claimant did not have limited capability for work (“the original decision”); and

(b) the appeal to the First-tier Tribunal in relation to the original decision is successful.

(5F) A decision under section 8 or 10 awarding an employment and support allowance may be revised if—

(a) the person’s current period of limited capability for work is treated as a continuation of another such period under regulation 145(1) ... of the Employment and Support Allowance Regulations; and

(b) regulation 7(1)(b) of those Regulations applies.

(5G) Where—

(a) a person’s entitlement to an employment and support allowance is terminated because of a decision which embodies a determination that the person does not have limited capability for work;

(b) the person appeals that decision to the First-tier Tribunal;

(i) income support, or

(ii) jobseeker’s allowance; and

(d) the decision referred to in sub-paragraph (a) is successfully appealed,

the decision to award income support or jobseeker’s allowance may be revised.

(5H) Where—

(a) a conversion decision within the meaning of regulation 5(2)(b) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) ( No. 2) Regulations 2010 (deciding whether an existing award qualifies for conversion) is made in respect of a person;

(b) the person appeals that decision to the First-tier Tribunal;

(i) income support, or

(ii) jobseeker’s allowance; and

(d) the decision referred to in sub-paragraph (a) is successfully appealed,

the decision to award income support or jobseeker’s allowance may be revised.

(5I) Where—

(a) a decision to terminate a person’s entitlement to a contributory employment and support allowance is made because of section 1A of the Welfare Reform Act (duration of contributory allowance); and

(b) it is subsequently determined, in relation to the period of entitlement before that decision, that the person had or is treated as having had limited capability for work-related activity,

the decision to terminate that entitlement may be revised.

(5J) A decision by the Secretary of State under section 8 awarding an employment and support allowance may be revised at any time where—

(a) it is made immediately following the last day of a period for which the claimant was treated as capable of work or as not having limited capability for work under regulation 55ZA of the Jobseeker’s Allowance Regulations or regulation 46A of the Jobseeker’s Allowance Regulations 2013 (extended period of sickness) and that period lasted 13 weeks; and

(b) it is not a decision which embodies a determination that the claimant is treated as having limited capability for work under regulation 30 of the Employment and Support Allowance Regulations (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made).

(6) A decision of the Secretary of State under section 8 or 10 that a jobseeker’s allowance is reduced in accordance with section 19 or 19A of the Jobseeker’s Act or regulation 69B of the Jobseeker’s Allowance Regulations may be revised at anytime by the Secretary of State.

(6A) A relevant decision within the meaning of section 2B(2) or (2A) of the Administration Act may be revised at any time if it contains an error.

(6B) A decision of the Secretary of State under section 8 or 10 awarding a jobseeker’s allowance may be revised where the Secretary of State makes a decision under regulation 69B (the period of a reduction under section 19B: claimants ceasing to be available for employment etc. ) of the Jobseeker’s Allowance Regulations (“the JSA Regulations ”) that the amount of the award is to be reduced in accordance with regulations 69B and 70 of the JSA Regulations.

(7) Where—

(a) the Secretary of State or an officer of the Board makes a decision under section 8 or 10 awarding a relevant benefit to a claimant (“the original award”); and

(b) an award of another relevant benefit or Scottish disability benefit or of an increase in the rate of another relevant benefit or Scottish disability benefit is made to the claimant or a member of his family for a period which includes the date on which the original award took effect,

the Secretary of State or an officer of the Board, as the case may require, may revise the original award.

(7ZA) Where—

(a) the Secretary of State makes a decision under section 8 or 10 awarding income support, income-based jobseeker’s allowance, state pension credit or an income-related employment and support allowance to a claimant (“the original award”);

(b) the claimant has a non-dependant within the meaning of regulation 3 of the Income Support Regulations, regulation 2 of the Jobseeker’s Allowance Regulations or regulation 71 of the Employment and Support Allowance Regulations or a person residing with him within the meaning of paragraph 1(1)(a)(ii), (b)(ii) or (c)(iii) of Schedule I to the State Pension Credit Regulations (“the non-dependant”);

(i) a severe disability premium would be applicable to the claimant under regulation 17(1)(d) of the Income Support Regulations, regulation 83(e) or 86A(c) of the Jobseeker’s Allowance Regulations or regulation 67 of the Employment and Support Allowance Regulations; or

(ii) an additional amount would be applicable to the claimant as a severe disabled person under regulation 6(4) of the State Pension Credit Regulations; and

(d) after the original award the non-dependant is awarded benefit which—

(i) is for a period which includes the date on which the original award took effect; and

(ii) is such that a severe disability premium becomes applicable to the claimant under paragraph 13(3)(a) of Schedule 2 to the Income Support Regulations, paragraph 15(4)(a) or 20I(3)(a) of Schedule 1 to the Jobseeker’s Allowance Regulations, paragraph 6(4)(a) of Schedule 4 to the Employment and Support Allowance Regulations or an additional amount for severe disability becomes applicable to him under paragraph 2(2)(a) of Schedule I to the State Pension Credit Regulations,

the Secretary of State may revise the original award.

(7A) Where a decision as to a claimant’s entitlement to a disablement pension under section 103 of the Contributions and Benefits Act is revised by the Secretary of State, or changed on appeal, a decision of the Secretary of State as to the claimant’s entitlement to reduced earnings allowance under paragraph 11 or 12 of Schedule 7 to that Act may be revised at any time provided that the revised decision is more advantageous to the claimant than the original decision.

(7B) A decision under regulation 22A of the Income Support Regulations (reduction in applicable amount where the claimant is appealing against a decision which embodies a determination that he is not incapable of work) may be revised if the appeal is successful or lapses.

(7C) Where a person’s entitlement to income support is terminated because of a determination that he is not incapable of work and the decision which embodies that determination is revised or he subsequently appeals the decision which embodies that determination and is entitled to income support under regulation 22A of the Income Support Regulations, the decision to terminate entitlement may be revised.

(7CC) Where—

(a) a person’s entitlement to income support is terminated because of a determination that the person is not incapable of work;

(b) the person subsequently claims and is awarded jobseeker’s allowance; and

(c) the decision which embodies the determination that the person is not incapable of work is revised or successfully appealed,

the Secretary of State may revise the decisions to terminate income support entitlement and to award jobseeker’s allowance.

(7CD) A decision of the Secretary of State under section 10 of the Act made in consequence of a determination under regulation 6(2) of the Income Support Work-Related Activity Regulations that a claimant has, without showing good cause, failed to satisfy a requirement of regulation 2 of those Regulations (requirement to undertake work-related activity) may be revised at any time if it contained an error to which the claimant did not materially contribute.

(7D) Where—

(a) a person elects for an increase of—

(i) a Category A or Category B retirement pension in accordance with paragraph A1 or 3C of Schedule 5 to the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred);

(ii) a shared additional pension in accordance with paragraph 1 of Schedule 5A to that Act (pension increase or lump sum where entitlement to shared additional pension is deferred); or, as the case may be,

(iii) graduated retirement benefit in accordance with paragraph 12 or 17 of Schedule 1 to the Graduated Retirement Benefit Regulations (further provisions replacing section 36(4) of the National Insurance Act 1965: increases of graduated retirement benefit and lump sums);

(b) the Secretary of State decides that the person or his partner is entitled to state pension credit and takes into account the increase of pension or benefit in making or superseding that decision; and

(c) the person's election for an increase is subsequently changed in favour of 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,

the Secretary of State may revise the state pension credit decision.

(7DA) The Secretary of State may revise the state pension credit decision where—

(a) a person chooses under—

(i) section 8(2) of the Pensions Act 2014 (choice of lump sum or survivor’s pension under section 9 in certain cases) to be paid a state pension under section 9 of that Act (survivor’s pension based on inheritance of deferred old state pension); or

(ii) Regulations made under section 10 of the Pensions Act 2014 (inheritance of graduated retirement benefit) which make provision corresponding or similar to section 8(2) to be paid a state pension under Regulations made under section 10 which make provision corresponding or similar to section 9 of that Act;

(b) the Secretary of State—

(i) decides that the person or their partner is entitled to state pension credit; and

(ii) takes into account the state pension mentioned in sub-paragraph (a) in making or superseding that decision; and

(c) the person’s choice for a state pension mentioned in sub-paragraph (a) is subsequently altered in favour of a lump sum in accordance with—

(i) regulation 6 of the State Pension Regulations 2015 (changing a choice of lump sum or survivor’s pension); or

(ii) 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.

(7DB) The Secretary of State may revise an award of a state pension under Part 1 of the Pensions Act 2014 where—

(a) the person makes a choice under—

(i) section 8(2) of the Pensions Act 2014; or

(ii) Regulations under section 10 of that Act which make provision corresponding or similar to section 8(2); and

(b) the person subsequently alters their choice in accordance with—

(i) regulation 6 of the State Pension Regulations 2015; or

(ii) Regulations under section 10 of the Pensions Act 2014 which make provision corresponding or similar to regulation 6 of the State Pension Regulations 2015.

(7E) Where—

(a) a person is awarded a Category A or Category B retirement pension, shared additional pension or, as the case may be, graduated retirement benefit;

(b) an election is made, or treated as made, in respect of the award in accordance with paragraph A1 or 3C of Schedule 5 or paragraph 1 of Schedule 5A to the Contributions and Benefits Act or, as the case may be, in accordance with paragraph 12 or 17 of Schedule 1 to the Graduated Retirement Benefit Regulations; and

(c) the election is subsequently changed 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,

the Secretary of State may revise the award.

(7EA) The Secretary of State may revise a decision made under regulation 18(1) that a person ceases to be entitled to a benefit specified in paragraph (7EB).

(7EB) Those benefits are—

(a) a Category A or Category B retirement pension;

(b) a shared additional pension;

(d) a state pension under Part 1 of the Pensions Act 2014.

(7F) A decision under regulation 17(1)(d) of the Income Support Regulations that a person is no longer entitled to a disability premium because of a determination that he is not incapable of work may be revised where the decision which embodies that determination is revised or his appeal against the decision is successful.

(8) A decision of the Secretary of State or the Board or an officer of the Board which is specified in Schedule 2 to the Act or is prescribed in regulation 27 (decisions against which no appeal lies) may be revised at any time.

(8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8B) Where—

(a) a restriction is imposed on a person under section 6B, 7, 8 or 9 of the Social Security Fraud Act 2001 (loss of benefit provisions) as result of the person—

(i) being convicted of an offence by a court; or

(ii) agreeing to pay a penalty as an alternative to prosecution under section 115A of the Administration Act or section 109A of the Social Security Administration (Northern Ireland) Act 1992, and

(b) that conviction is quashed or set aside by that or any other court, or the person withdraws his agreement to pay a penalty,

a decision of the Secretary of State made under section 8(1)(a) or made under section 10 in accordance with regulation 6(2)(j) or (k) may be revised at any time.

(8C) A decision made under section 8 or 10 (“the original decision”) may be revised at any time—

(a) where, on or after the date of the original decision—

(i) a late paid contribution is treated as paid under 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) a direction is given under regulation 6 of those Regulations (treatment of contributions paid late through ignorance or error) that a late contribution shall be treated as paid on a date which falls on or before the date on which the original decision was made; or

(iii) an unpaid contribution is treated as paid under 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; and

(b) where any of paragraphs (i), (ii) or (iii) apply, either an award of benefit would have been made or the amount of benefit awarded would have been different.

(8D) A decision made under section 8 or 10 may be revised at any time where, by virtue of regulation 6C (treatment of Class 3 contributions paid under section 13A of the Act) of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001, a contribution is treated as paid on a date which falls on or before the date on which the decision was made.

(8E) A decision in relation to a claim for a contribution-based jobseeker’s allowance or a contributory employment and support allowance may be revised at any time where—

(a) on or after the date of the decision a contribution is treated as paid as set out in regulation 7A of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 (treatment of Class 2 contributions paid on or before the due date); and

(b) by virtue of the contribution being so treated, the person satisfies the contribution conditions of entitlement listed in column 2 of the table in paragraph (8G) in relation to a contribution-based jobseeker’s allowance or a contributory employment and support allowance.

(8F) A decision to award a benefit listed in column 1 of the table in paragraph (8G) may be revised at any time where, on or after the date of the decision—

(a) any of the circumstances set out in paragraph (8H) occur; and

(b) by virtue of the circumstance occurring, the person ceases to satisfy the contribution conditions of entitlement listed in the corresponding entry in column 2 of that table.

(8G) The table referred to in paragraphs (8E) and (8F) is as follows—

1. Benefit	2. Contribution conditions of entitlement
Contribution-based jobseeker’s allowance	the conditions set out in section 2(1)(a) and (b) of the Jobseekers Act
Contributory employment and support allowance	the first and second conditions set out in paragraphs 1(1) and 2(1) of Schedule 1 to the Welfare Reform Act
Bereavement support payment under section 30 of the Pensions Act 2014	the contribution conditions set out in section 31 of the Pensions Act 2014 (bereavement support payment: contribution condition and amendments)
Widowed parent’s allowance	the contribution conditions set out in paragraph 5(2) and (3) of Schedule 3 to the Contributions and Benefits Act
. . .	. . .
Category A or Category B retirement pension under Part II of the Contributions and Benefits Act	the contribution conditions set out in paragraph 5(2) and (3) or, as the case may be, 5A(2) of Schedule 3 to the Contributions and Benefits Act
State pension under Part 1 of the Pensions Act 2014	the conditions of entitlement to a state pension in section 2(1)(b) or, as the case may be, 2(2)(b) or 4(1)(b) and (c) of the Pensions Act 2014

(8H) The circumstances are—

(a) a Class 2 contribution is repaid to a person in consequence of an amendment or correction of the person’s relevant profits under section 9ZA or 9ZB of the Taxes Management Act 1970 (amendment or correction of return by taxpayer or officer of the Board); or

(b) a Class 2 contribution is returned to a person under regulation 52 of the Social Security (Contributions) Regulations 2001 (contributions paid in error);or

(c) a Class 1 or Class 2 contribution paid by a person to Her Majesty’s Revenue and Customs under section 223 of the Finance Act 2014 (accelerated payment in respect of notice given while tax enquiry is in progress) is repaid to the person.

(8I) A decision to award a benefit specified in paragraph (8K) may be revised at any time where, on or after the date of the decision—

(a) any of the circumstances set out in paragraph (8H) occur; and

(b) by virtue of the circumstances occurring, the decision was more advantageous to the claimant than it would otherwise have been.

(8J) A decision to award a benefit specified in paragraph (8K), or a decision that that benefit is not payable, may be revised at any time where, on or after the date of the decision, a contribution is treated as paid by the relevant day by virtue of regulation 7(1) of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 (treatment for the purpose of any contributory benefit of contributions paid under certain provisions relating to the payment and collection of contributions).

(8K) The benefits specified in this paragraph are—

(a) a bereavement benefit;

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

(8L) A decision made under section 8 or 10 in relation to maternity allowance may be revised at any time where, by virtue of regulation 7(1) of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 (treatment for the purpose of any contributory benefit of contributions paid under certain provisions relating to the payment and collection of contributions), a contribution is treated as paid on a date which falls on or before the date on which the decision was made.

(9) Paragraph (1) shall not apply in respect of—

(a) a relevant change of circumstances which occurred since the decision had effect or, in the case of an advance award under regulation 13, 13A or 13C of the Claims and Payments Regulations, since the decision was made, or where the Secretary of State has evidence or information which indicates that a relevant change of circumstances will occur; ...

(b) a decision which relates to an attendance allowance or a disability living allowance where the person is terminally ill, within the meaning of section 66(2)(a) of the Contributions and Benefit Act, unless an application for revision 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,

but where such an application is received a decision may be so revised notwithstanding that no claim under section 66(1) or, as the case may be, 72(5) or 73(12) of that Act has been made; nor

(c) a decision which relates to an employment and support allowance where the claimant is terminally ill, within the meaning of regulation 2(1) of the Employment and Support Allowance Regulations unless the claimant makes an application which contains an express statement that he is terminally ill and where such an application is made, the decision may be revised.

(10) The Secretary of State or the Board may treat an application for a supersession as an application for a revision.

(11) In this regulation and regulation 7, “appropriate office” means

(a) the office of the Department for Work and Pensions the address of which is indicated on the notification of the original decision; or

(b) in the case of a person who has claimed jobseeker’s allowance, the office specified by the Secretary of State in accordance with regulation 23 of the Jobseeker’s Allowance Regulations; or

(c) in the case of a contributions decision which falls within Part II of Schedule 3 to the Act , any National Insurance Contributions office of the Board or any office of the Department for Work and Pensions ; or

(d) in the case of a decision made under the Pension Schemes Act 1993 by virtue of section 170(2) of that Act, any National Insurance Contributions office of the Board ; or

(e) in the case of a person who has claimed working families' tax credit or disabled person’s tax credit, a Tax Credits Office, the address of which is indicated on the notification of the original decision; or

(f) in the case of a person who is, or would be, required to take part in a work-focused interview, an office of the Department for Work and Pensions which is designated by the Secretary of State as a Jobcentre Plus Office or an office of a designated authority which displays the ONE logo.

(12) In this regulation—

“relevant day” has the meaning given in regulation 7(3)(b) of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001;

“relevant profits” has the meaning given in section 11(3) of the Contributions and Benefits Act;

Late application for a revision

4

(1) The time limit for making an application for a revision specified in regulation 3(1) or (3) or 3A(1)(a) may be extended where the conditions specified in the following provisions of this regulation are satisfied.

(2) An application for an extension of time shall be made by the relevant person, the claimant or a person acting on his behalf.

(3) An application shall—

(a) contain particulars of the grounds on which the extension of time is sought and shall contain sufficient details of the decision which it is sought to have revised to enable that decision to be identified; and

(b) be made within 13 months of the date of notification of the decision which it is sought to have revised, but if the applicant has requested a statement of the reasons in accordance with regulation 3ZA(3)(b) or regulation 28(1)(b) the 13 month period shall be extended by—

(i) if the statement is provided within one month of the notification, an additional 14 days; or

(ii) if it is provided after the elapse of a period after the one month ends, the length of that period and an additional 14 days.

(4) An application for an extension of time shall not be granted unless the applicant satisfies the Secretary of State, the Commission or the Board or an officer of the Board that—

(a) it is reasonable to grant the application;

(b) the application for revision has merit, except in a case to which regulation 3ZA or 3B applies; and

(c) special circumstances are relevant to the application and as a result of those special circumstances it was not practicable for the application to be made within the time limit specified in regulation 3 or 3A.

(5) In determining whether it is reasonable to grant an application, the Secretary of State, the Commission or the Board or an officer of the Board shall have regard to the principle that the greater the amount of time that has elapsed between the expiration of the time specified in regulation 3(1) and (3) and regulation 3A(1)(a) for applying for a revision and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application is based.

(6) In determining whether it is reasonable to grant the application for an extension of time, except in a case to which regulation 3ZA or 3B applies, no account shall be taken of the following—

(a) that the applicant or any person acting for him was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or

(b) that the Upper Tribunal or a court has taken a different view of the law from that previously understood and applied.

(7) An application under this regulation for an extension of time which has been refused may not be renewed.

Date from which a decision revised under section 9 takes effect

5

(1) Where, on a revision under section 9, the Secretary of State or the Board or an officer of the Board decides that the date from which the decision under section 8 or 10 (“the original decision”) took effect was erroneous, the decision under section 9 shall take effect on the date from which the original decision would have taken effect had the error not been made.

(2) Where—

(a) a person attains pensionable age, claims a retirement pension after the prescribed time for claiming and the Secretary of State decides (“the original decision”) that he is not entitled because—

(i) in the case of a Category A retirement pension, the person has not satisfied the contribution conditions; or

(ii) in the case of a Category B retirement pension, the person’s spouse or civil partner has not satisfied the contribution conditions;

(b) in accordance with regulation 50A of the Social Security (Contributions) Regulations 2001 (Class 3 contributions: tax years 1996-97 to 2001-02) the Board subsequently accepts Class 3 contributions paid after the due date by the claimant or, as the case may be, the spouse or civil partner;

(c) in accordance with regulation 6A of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 the contributions are treated as paid on a date earlier than the date on which they were paid; and

(d) the Secretary of State revises the original decision in accordance with regulation 11A(4)(a),

the revised decision shall take effect from—

(i) 1 st October 1998; or

(ii) the date on which the claimant attained pensionable age in the case of a Category A pension, or, in the case of a Category B pension, the date on which the claimant’s spouse or civil partner attained pensionable age,

whichever is later.

CHAPTER II — SUPERSESSIONS

Supersession of decisions

6

(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).

(2) A decision under section 10 may be made on the Secretary of State’s or 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 had effect or, in the case of an advance award under regulation 13, 13A or 13C of the Claims and Payments Regulations or 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 or 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 or the Board, or the decision by the Secretary of State or the Board to act on his or 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;

(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); ...

(e) is a decision where—

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

(ii) subsequent to the first day of the period to which that entitlement relates, the claimant or a member of his family becomes entitled to ... another relevant benefit or Scottish disability benefit or an increase in the rate of another relevant benefit or Scottish disability benefit ;

(ee) 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);

(f) 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;

(g) 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 health care professional referred to in paragraph (1) of that regulation; ...

(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 pensionable age or ceased to reside in an area in which there is a requirement to take part in a work-focused interview or, in the case of a partner who was required to take part in a work-focused interview in 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 (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).

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) 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 6B, 7 or 9 of the Social Security Fraud Act 2001 and for this purpose “sanctionable benefit” has the meaning 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.

(l) 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.

(m) 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.

(n) is a decision by an appeal tribunal or the 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 decision of an appeal tribunal or the First-tier Tribunal subsequently determines that he is incapable of work.

(o) 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;

(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.

(oa) 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;

(p) 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;

(r) 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.

(s) 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.

(sa) 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;

(t) 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 or 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 or 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 or 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 or 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 or 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 , regulation 137 of the Employment and Support Allowance Regulations or regulation 136 of the Jobseeker’s Allowance Regulations applies;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) 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.

(8) 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.

Date from which a decision superseded under section 10 takes effect

7

(1) This regulation–

(a) is, except for paragraphs (2)(b), (bb) or (be), (29) and (30) and (29), subject to Schedules 3A, 3B and 3C; and

(b) contains exceptions to the provisions of section 10(5) as to the date from which a decision under section 10 which supersedes an earlier decision is to take effect.

(2) Where a decision under section 10 is made on the ground that there has been, or it is anticipated that there will be, a relevant change of circumstances since the decision had effect or, in the case of an advance award, since the decision was made, the decision under section 10 shall take effect—

(a) from the date the change occurred or, where the change does not have effect until a later date, from the first date on which such effect occurs where–

(i) the decision is advantageous to the claimant; and

(ii) the change was notified to an appropriate office within one month of the change occurring or within such longer period as may be allowed under regulation 8 for the claimant’s failure to notify the change on an earlier date; and

(ii) head (i) of sub-paragraph (c) shall be omitted.

(b) where the decision is advantageous to the claimant and the change was notified to an appropriate office more than one month after the change occurred or after the expiry of any such longer period as may have been allowed under regulation 8—

(i) in the case of a claimant who is in receipt of income support, jobseeker’s allowance, state pension credit or an employment and support allowance and benefit is paid in arrears, from the beginning of the benefit week in which the notification was made;

(ii) in the case of a claimant who is in receipt of income support, jobseeker’s allowance or state pension credit and benefit is paid in advance and the date of notification is the first day of a benefit week from that date and otherwise, from the beginning of the benefit week following the week in which the notification was made; or

(iii) in any other case, the date of notification of the relevant change of circumstances; or

(bb) where the decision is advantageous to the claimant and is made on the Secretary of State’s own initiative—

(i) except where paragraph (ii) applies, from the beginning of the benefit week in which the Secretary of State commenced action with a view to supersession; or

(ii) in the case of a claimant who is in receipt of income support, jobseeker’s allowance or state pension credit where benefit is paid in advance and the Secretary of State commenced action with a view to supersession on a day which was not the first day of the benefit week, from the beginning of the benefit week following the week in which the Secretary of State commenced such action;

(bc) where—

(i) the claimant is a disabled person or a disabled person’s partner;

(ii) the decision is advantageous to the claimant; and

(iii) the decision is made in connection with the cessation of payment of a carer’s allowance or carer support payment relating to that disabled person,

the day after the last day for which carer’s allowance or carer support payment was paid to a person other than the claimant or the claimant’s partner;

(bd) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(be) in the case of a claimant who is in receipt of an employment and support allowance and the claimant makes an application which contains an express statement that he is terminally ill within the meaning of regulation 2(1) of the Employment and Support Allowance Regulations , from the date the claimant became terminally ill;

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) in the case of a disability benefit decision, or an incapacity benefit decision where there has been an incapacity determination or an employment and support allowance decision where there has been a limited capability for work determination (whether before or after the decision), where the Secretary of State is satisfied that in relation to a disability determination embodied in or necessary to the disability benefit decision, or the incapacity determination or an employment and support allowance decision where there has been a limited capability for work determination, the claimant or payee failed to notify an appropriate office of a change of circumstances which regulations under the Administration Act required him to notify, and the claimant or payee, as the case may be, knew or could reasonably have been expected to know that the change of circumstances should have been notified,

(aa) from the date on which the claimant or payee, as the case may be, ought to have notified the change of circumstances, or

(bb) if more than one change has taken place between the date from which the decision to be superseded took effect and the date of the superseding decision, from the date on which the first change ought to have been notified, or

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) in the case of a disability benefit decision, where the change of circumstances is not in relation to the disability determination embodied in or necessary to the disability benefit decision, from the date of the change; or

(v) in any other case, except in the case of a decision which supersedes a disability benefit decision, from the date of the change.

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B) For the purposes of paragraph (2) “carer support payment” means the carer support payment component of carer support given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.

(3) For the purposes of paragraphs (2) and (8) “benefit week” has the same meaning, as the case may be, as in—

(a) regulation 2(1) of the Income Support Regulations;

(b) regulation 1(3) of the Jobseeker’s Allowance Regulations;

(d) regulation 2(1) of the Employment and Support Allowance Regulations.

(4) In paragraph (2) a decision which is to the advantage of the claimant includes a decision specified in regulation 30(2)(a) to (f).

(5) Where the Secretary of State supersedes a decision made by an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Commissioner on the grounds specified in regulation 6(2)(c)(i) (ignorance of, or mistake as to, a material fact), the decision under section 10 shall take effect, in a case where, as a result of that ignorance of or mistake as to material fact, the decision to be superseded was more advantageous to the claimant than it would otherwise have been and which either—

(a) does not relate to a disability benefit decision or an incapacity benefit decision where there has been an incapacity determination; or

(b) relates to a disability benefit decision or an incapacity benefit decision where there has been an incapacity determination, and the Secretary of State is satisfied that at the time the decision was made the claimant or payee knew or could reasonably have been expected to know of the fact in question and that it was relevant to the decision,

from the date on which the decision of an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Commissioner took, or was to take, effect.

(6) Any decision made under section 10 in consequence of a decision which is a relevant determination for the purposes of section 27 shall take effect as from the date of the relevant determination.

(6A) Where—

(a) there is a decision which is a relevant determination for the purposes of section 27 and the Secretary of State makes a benefit decision of the kind specified in section 27(1)(b);

(b) there is an appeal against the determination;

(d) on appeal a court, within the meaning of section 27, reverses the determination in whole or in part,

a consequential decision by the Secretary of State under section 10 which supersedes his earlier decision under sub-paragraph (a) shall take effect from the date on which the earlier decision took effect.

(7) A decision which is superseded in accordance with regulation 6(2)(e) or (ee) shall be superseded—

(a) subject to sub-paragraph (b), from the date on which entitlement arises to the other relevant benefit or Scottish disability benefit referred to in regulation 6(2)(e)(ii) or (ee) or to an increase in the rate of that other relevant benefit or Scottish disability benefit; or

(b) where the claimant or his partner—

(i) is not a severely disabled person for the purposes of section 135(5) of the Contributions and Benefits Act (the applicable amount) or section 2(7) of the State Pension Credit Act (guarantee credit) or paragraph 6 of Schedule 4 to the Employment and Support Allowance Regulations;

(ii) by virtue of his having—

(aa) a non-dependant as defined by regulation 3 of the Income Support Regulations, regulation 2 of the Jobseeker’s Allowance Regulations or regulation 71 of the Employment and Support Allowance Regulations; or

(bb) a person residing with him for the purposes of paragraph 1 of Schedule 1 to the State Pension Credit Regulations whose presence may not be ignored in accordance with paragraph 2 of that Schedule,

at the date the superseded decision would, but for this sub-paragraph, have had effect,

from the date on which the claimant or his partner ceased to have a non-dependant or person residing with him or from the date on which the presence of that person was first ignored.

(7A) Where a decision is superseded in accordance with regulation 6(2)(o), or (oa) the superseding decision shall take effect from the day on which a lump sum, or a payment on account of a lump sum, is paid or repaid if that day is the first day of the benefit week but, if it is not, from the next following such day.

(8) A decision to which regulation 6(2)(f) applies shall take effect from the beginning of the period specified in regulation 69(6) of the Jobseeker’s Allowance Regulations.

(8ZA) A decision to which regulation 6(2)(fa) applies shall take effect from the beginning of the period specified in regulation 69A(3) of the Jobseeker’s Allowance Regulations.

(8ZB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8A) Where a decision is superseded in accordance with regulation 6(2)(s), the superseding decision shall take effect from the date on which the late or unpaid contribution is treated as paid.

(9) Except where paragraph (9A) applies, a decision relating to attendance allowance or disability living allowance which is advantageous to the claimant and which is made under section 10 on the basis of a relevant change of circumstances shall take effect from—

(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;

(b) where—

(i) the change is relevant to the question of entitlement to a particular rate of benefit; and

(ii) the claimant notifies the change before a date one month after he satisfied the conditions of entitlement to that rate or within such longer period as may be allowed under regulation 8,

the date on which he satisfied those conditions;

(i) the change is relevant to the question of whether benefit is payable; and

(ii) the claimant notifies the change before a date one month after the change or within such longer period as may be allowed under regulation 8,

the date on which the change occurred; or

(d) in any other case, the date of the application for the superseding decision.

(9A) Where—

(a) on or after 8th March 2001, the claimant had an award of attendance allowance, carer’s allowance, or the care component of disability living allowance;

(b) the Secretary of State made a superseding decision in accordance with regulation 6(2)(a) to end that award on the ground that there had been, or it was anticipated that there would be, a relevant change of circumstances as a result of the claimant moving, or planning to move, from Great Britain to an EEA state or Switzerland; and

(c) the Secretary of State supersedes that decision in accordance with regulation 6(2)(b)(i) on the ground that it was erroneous in point of law,

the superseding decision referred to in sub-paragraph (c) shall take effect from 18th October 2007.

(10) A decision as to an award of incapacity benefit, which is made under section 10 because section 30B(4) of the Contributions and Benefits Act applies to the claimant, shall take effect as from the date on which he became entitled to the highest rate of the care component of disability living allowance.

(11) A decision as to an award of incapacity benefit or severe disablement allowance, which is made under section 10 because the claimant is to be treated as incapable of work under regulation 10 of the Social Security (Incapacity for Work) (General) Regulations 1995 (certain persons with a severe condition to be treated as incapable of work), shall take effect as from the date he is to be treated as incapable of work.

(12) Where this paragraph applies, a decision under section 10 may be made so as to take effect as from such date not more than eight weeks before—

(a) the application for supersession; or

(b) where no application is made, the date on which the decision under section 10 is made,

as is reasonable in the particular circumstances of the case.

(12A) Paragraph (12) applies where–

(a) the effect of a decision under section 10 is that owner-occupier loan payments are to be made to a claimant in respect of the claimant’s liability to make owner-occupier payments; and

(b) that decision could not have been made earlier because information necessary to make that decision, requested otherwise than in accordance with paragraph 8 of Schedule 4 to the Loans for Mortgage Interest Regulations (provision of information), had not been supplied to the Secretary of State by the lender.

(12B) Where a claimant is receiving owner-occupier loan payments and there is a reduction in the amount owing in connection with a qualifying loan or alternative finance arrangement (within the meaning in Schedule 1 to the Loans for Mortgage Interest Regulations (meaning of owner-occupier payments)), a decision made under section 10 takes effect—

(a) on the first anniversary of the date on which the claimant’s liability to make owner-occupier payments was first met by an owner-occupier loan payment; or

(b) where the reduction in the amount owing in connection with a qualifying loan or alternative finance arrangement occurred after the first anniversary of the date referred to in sub-paragraph (a), on the next anniversary of that date following the date of the reduction.

(12C) Where a claimant is receiving owner-occupier loan payments, an insurance payment deduction is made under regulation 14A(1) of the Loans for Mortgage Interest Regulations (insurance payment deduction) in relation to any decision under section 8 or 10 and there is a change in the amount of the owner-occupier payments payable—

(a) on a qualifying loan or alternative finance arrangement (within the meaning in Schedule 1 to the Loans for Mortgage Interest Regulations (meaning of owner-occupier payments)) to which those payments relate; or

(b) on a loan or alternative finance arrangement not so qualifying which is secured on the dwelling occupied as the home to which those payments relate,

a decision under section 10 which is made as a result of that change in the amount of the owner-occupier payments payable shall take effect on whichever of the dates referred to in paragraph (12D) is appropriate in the claimant’s case.

(12D) The date on which a decision under section 10 takes effect for the purposes of paragraph (12C) is—

(a) the date on which the claimant’s liability to make owner-occupier payments is first met by an owner-occupier loan payment; or

(b) where the change in the amount of the owner-occupier payments payable occurred after the date referred to in sub-paragraph (a), on the date of the next alteration in the standard rate following the date of that change.

(12E) In paragraph (12D), “standard rate” has the same meaning as it has in regulation 13 of the Loans for Mortgage Interest Regulations (standard rate to be applied under regulations 11 and 12).

(12F) Paragraph (12G) applies where—

(a) a claimant is awarded state pension credit;

(b) the claimant or the claimant’s partner has reached pensionable age (within the meaning in section 122(1) of the Contributions and Benefits Act);

(d) after the date from which sub-paragraph (c) applies—

(i) a non-dependant (within the meaning in regulation 2(1) of the Loans for Mortgage Interest Regulations) begins to reside with the claimant; or

(ii) there has been a change of circumstances in respect of a non-dependant and this reduces the amount of the owner-occupier loan payments.

(12G) Where this paragraph applies, a decision made under section 10 shall take effect—

(a) where there is more than one change of the kind specified in paragraph (12F)(d) in respect of the same non-dependant within the same 26 week period, 26 weeks after the date on which the first such change occurred; and

(b) in any other circumstances, 26 weeks after the date on which a change specified in paragraph (12F)(d) occurred.

(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17H) Where the decision is superseded in accordance with regulation 6(2)(a)(i) and the relevant circumstances are that the claimant has a non-dependant who has become entitled to main phase employment and support allowance, the superseding decision shall take effect from the date the main phase employment and support allowance is first paid to the non-dependant.

(18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(21) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(23) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(24) Where—

(a) it has been determined that the amount of a jobseeker’s allowance payable to a young person is to be reduced under regulation 63 of the Jobseeker’s Allowance Regulations because paragraph (1)(b)(iii), (c), (d), (e) or (f) of that regulation (reduced payments under section 17 of the Jobseekers Act) applied in his case; and

(b) the decision made in consequence of sub-paragraph (a) falls to be superseded by a decision under section 10 because the Secretary of State has subsequently issued a certificate under section 17(4) of the Jobseekers Act with respect to the failure in question,

the decision under section 10 shall take effect as from the same date as the decision made in consequence of sub-paragraph (a) has effect.

(25) In a case where a decision (“ the first decision ”) has been made that a person failed without good cause to take part in a work-focused interview, the decision under section 10 shall take effect as from—

(a) the first day of the benefit week to commence for that person following the date of the first decision; or

(b) in a case where a partner has failed without good cause to take part in a work-focused interview in accordance with regulations made under section 2AA of the Administration Act—

(i) the first day of the benefit week to commence for the claimant (meaning the person who has been awarded a benefit within section 2AA(2) of the Administration Act at a higher rate referable to that partner) following the date of the first decision; or

(ii) if that date arises five days or less after the day on which the first decision was made, as from the first day of the second benefit week to commence for the claimant following the date of the first decision.

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