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The Social Security and Child Support (Miscellaneous Amendments) Regulations 2000

Type Statutory-Instrument
Publication 2000-06-15
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
Reform history JSON API PDF

Made: 15th June 2000

Coming into force: 19th June 2000

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 a resolution of each House of Parliament;

Now, therefore, the Secretary of State for Social Security, in exercise of the powers set out in the Schedule to this Instrument and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals to make the Regulations should not be referred to it and after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992, hereby makes the following Regulations:

Citation, commencement and interpretation

1

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

“the Departure Regulations" means the Child Support Departure Direction and Consequential Amendments Regulations 1996 ;

“the Industrial Injuries Regulations" means the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 ;

“the Maintenance Regulations" means the Child Support (Maintenance Assessment Procedure) Regulations 1992 ; and

“the principal Regulations" means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 .

Amendment of the Industrial Injuries Regulations

2

In regulation 7(4) for the words “review of the assessment" to the end of that regulation there shall be substituted the words “ a supersession of the assessment relating to the relevant period. ”.

Amendment of the Claims and Payments Regulations

3

In regulation 6—

(16) Where a person has claimed a relevant benefit and that claim (“the original claim") has been refused in the circumstances specified in paragraph (17), and a further claim is made in the additional circumstances specified in paragraph (18), that further claim shall be treated as made— (a) on the date of the original claim; or (b) on the first date in respect of which the qualifying benefit was payable, whichever is the later. (17) The circumstances referred to in paragraph (16) are that the ground for refusal was— (a) in the case of severe disablement allowance, that the claimant’s disablement was less than 80 per cent.; (b) in the case of invalid care allowance, that the disabled person was not a severely disabled person within the meaning of section 70(2) of the Contributions and Benefits Act ; (c) in any case, that the claimant had not been awarded a qualifying benefit. (18) The additional circumstances referred to in paragraph (16) are that— (a) the claimant had made a claim for the qualifying benefit not later than ten days after the date of the original claim, and the claim for the qualifying benefit had not been decided; (b) after the original claim had been decided the claim for the qualifying benefit had been decided in the claimant’s or the disabled person’s favour; and (c) the further claim was made within three months of the date on which the claim for the qualifying benefit was decided. (19) Where a person has been awarded a relevant benefit and that award (“ the original award") has been terminated in the circumstances specified in paragraph (20), and a further claim is made in the additional circumstances specified in paragraph (21), that further claim shall be treated as made— (a) on the date of termination of the original award; or (b) on the first date in respect of which the qualifying benefit again becomes payable, whichever is the later. (20) The circumstances referred to in paragraph (19) are that the award of the qualifying benefit has itself been terminated or reduced by means of a revision, supersession or appeal in such a way as to affect the award of the relevant benefit. (21) The additional circumstances referred to in paragraph (19) are that— (a) after the original award has been terminated the claim for the qualifying benefit is decided in the claimant’s or the disabled person’s favour; and (b) the further claim is made within three months of the date on which the qualifying benefit is re-awarded, following revision, supersession or appeal. (22) In paragraphs (16) to (21)— “relevant benefit" means any of the following, namely— (a) benefit under Parts II to V of the Contributions and Benefits Act except incapacity benefit; (b) income support; (c) a jobseeker’s allowance; (d) a social fund payment mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act; (e) child benefit; “qualifying benefit" means— (a) in relation to severe disablement allowance, the highest rate of the care component of disability living allowance; (b) in relation to invalid care allowance, any benefit or payment referred to in section 70(2) of the Contributions and Benefits Act; (c) in relation to a social fund payment in respect of maternity or funeral expenses, any benefit referred to in regulation 5(1)(a) or 7(1)(a) of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 ; (d) any other relevant benefit which has the effect of making another relevant benefit payable or payable at an increased rate; “the disabled person" means the person for whom the invalid care allowance claimant is caring in accordance with section 70(1)(a) of the Contributions and Benefits Act. (23) Where a person has ceased to be entitled to incapacity benefit, and a further claim for that benefit is made in the circumstances specified in paragraph (24), that further claim shall be treated as made— (a) on the date on which entitlement to incapacity benefit ceased; or (b) on the first date in respect of which the qualifying benefit was payable, whichever is the later. (24) The circumstances referred to in paragraph (23) are that— (a) entitlement to incapacity benefit ceased on the ground that the claimant was not incapable of work; (b) at the date that entitlement ceased the claimant had made a claim for a qualifying benefit and that claim had not been decided; (c) after entitlement had ceased, the claim for the qualifying benefit was decided in the claimant’s favour; and (d) the further claim for incapacity benefit was made within three months of the date on which the claim for the qualifying benefit was decided. (25) In paragraphs (23) and (24) “qualifying benefit" means any of the payments referred to in regulation 10(2)(a) of the Social Security (Incapacity for Work) (General) Regulations 1995 . (26) In paragraphs 18(a) and (c), 21(a), 24 and in paragraph 18(b) where the word appears for the second time, “decided" includes the making of a decision following a revision, supersession or an appeal, whether by the Secretary of State, an appeal tribunal, a Commissioner or the court.

and

4
5

In Schedule 7 the words “, EFFECTIVE DATE OF SUPERSEDING DECISION" shall be omitted from the heading and paragraph 7 shall be omitted.

Amendment of the Maintenance Regulations

6

In regulation 1(2), in the definition of “official error" for sub-paragraph (b) there shall be substituted—

(b) 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 only shown to have been an error by virtue of a subsequent decision of a Child Support Commissioner or the court;

7

In regulation 17, in paragraph (6)(a)(i) for the words “the date as from which the decision had effect" there shall be substituted the words “ the date on which the decision was made ”.

8

In regulation 20, in paragraph (3)(a)(i) for the words “since the decision was made" there shall be substituted the words “ since the date from which the decision had effect ”.

9

In regulation 23—

(19) Where a superseding decision is made in a case to which regulation 20(2)(a) or (3) applies and the material circumstance is the death of a qualifying child or a qualifying child ceasing to be a qualifying child, the decision shall take effect as from the first day of the maintenance period in which the change occurred.

Amendment of the Departure Regulations

10

In regulation 1(2), in the definition of “official error" for sub-paragraph (b) there shall be substituted—

(b) 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 only shown to have been an error by virtue of a subsequent decision of a Child Support Commissioner or the court;

11

In regulation 8 paragraph (8) shall be omitted.

12

In regulation 32A, in paragraph (2)(a)(i) for the words “the date from which the decision had effect" there shall be substituted the words “ the date on which the decision was made ”.

13

In regulation 32E—

(12) Where a superseding decision is made in a case to which regulation 32D(2)(a) or (3) applies and the material circumstance is the death of a qualifying child or a qualifying child ceasing to be a qualifying child, the decision shall take effect as from the first day of the maintenance period in which the change occurred.

Amendment of the principal Regulations

14

In regulation 1(3)—

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

(b) 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 only shown to have been an error by virtue of a subsequent decision of a Commissioner or the court;

; and

“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;

15

In regulation 3 for paragraph (7) there shall be substituted the following paragraph—

(7) A decision under section 8 or 10 may be revised where— (a) the Secretary of State, appeal tribunal or Commissioner has awarded entitlement to a relevant benefit; and (b) on the date that entitlement arises, the claimant or a member of his family becomes entitled to, and is paid, another relevant benefit or an increase in the rate of another relevant benefit.

16

In regulation 6(2) for sub-paragraph (e) there shall be substituted the following sub-paragraph—

(e) is a decision where— (i) the claimant has been awarded entitlement to a relevant benefit; and (ii) on a date after that entitlement arises, the claimant or a member of his family becomes entitled to, and is paid, another relevant benefit or an increase in the rate of another relevant benefit;

17

In regulation 7—

(a) is, except for paragraph (2)(b), subject to Schedule 3A; and

(bb) where the decision is advantageous to the claimant and is made on the Secretary of State’s own initiative, from the date on which the Secretary of State commenced action with a view to supersession;

(5) Where the Secretary of State supersedes a decision made by an appeal tribunal or a Commissioner on the grounds specified in regulation 6(2)(c) (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 the appeal tribunal or the Commissioner took, or was to take, effect.

(7) A decision which falls to be superseded under regulation 6(2)(e) shall be superseded as from the date on which the claimant or member of his family becomes entitled to and receives the relevant benefit or increase in benefit referred to in regulation 6(2)(e)(ii).

and

18

In regulation 7A—

19

After regulation 12 there shall be inserted the following regulation—

(12A) (1) This regulation applies to a decision made under sections 108 to 110 of the Contributions and Benefits Act where a disease is subsequently treated as a recrudescence under regulation 7 of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 . (2) Where this regulation applies Chapter II of Part I of the Act shall apply as if section 8(2) did not apply.

20

In regulation 16 for paragraph (4) there shall be substituted the following paragraph—

(4) For the purposes of section 21(3)(c) an appeal is pending where a decision of an appeal tribunal, a Commissioner or a court has been made and the Secretary of State— (a) is awaiting receipt of that decision or (in the case of an appeal tribunal decision) is considering whether to apply for a statement of the reasons for it, or has applied for such a statement and is awaiting receipt thereof; or (b) has received that decision or (in the case of an appeal tribunal decision) the statement of the reasons for it, and is considering whether to apply for leave to appeal, or, where leave to appeal has been granted, is considering whether to appeal; and the Secretary of State shall give written notice of his proposal to make a request for a statement of the reasons for a tribunal decision, to apply for leave to appeal, or to appeal, as soon as reasonably practicable.

21

In regulation 20—

(2) Where regulation 16(3)(b)(i) applies, payment of a benefit suspended shall be made if the Secretary of State— (a) does not, in the case of a decision of an appeal tribunal, apply for a statement of the reasons for that decision within the period of one month specified in regulation 53(4); (b) does not, in the case of a decision of an appeal tribunal, a Commissioner or a court, make an application for leave to appeal and (where leave to appeal is granted) make the appeal within the time prescribed for the making of such applications and appeals; (c) withdraws an application for leave to appeal or the appeal; or (d) is refused leave to appeal, in circumstances where it is not open to him to renew the application for leave or to make a further application for leave to appeal. (3) Where regulation 16(3)(b)(ii) applies, payment of a benefit suspended shall be made if the Secretary of State, in relation to the decision of a Commissioner or the court in a different case— (a) does not make an application for leave to appeal and (where leave to appeal is granted) make the appeal within the time prescribed for the making of such applications and appeals; (b) withdraws an application for leave to appeal or the appeal; or (c) is refused leave to appeal, in circumstances where it is not open to him to renew the application for leave or to make a further application for leave to appeal.

22

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