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

Citation, commencement, application and interpretation

Consideration of revision before appeal

3ZA

• (1) This regulation applies in a case where—

• (a) the Secretary of State gives a person written notice of a decision under section 8 or 10 of the Act (whether as originally made or as revised under section 9 of that Act); and

• (b) that notice includes a statement to the effect that there is a right of appeal in relation to the decision only if the Secretary of State has considered an application for a revision of the decision.

• (2) In a case to which this regulation applies, a person has a right of appeal under section 12(2) of the Act in relation to the decision only if the Secretary of State has considered on an application whether to revise the decision under section 9 of the Act.

• (3) The notice referred to in paragraph (1) must inform the person—

• (a) of the time limit specified in regulation 3(1) or (3) for making an application for a revision; and

• (b) that, where the notice does not include a statement of the reasons for the decision (“written reasons”), he may, within one month of the date of notification of the decision, request that the Secretary of State provide him with written reasons.

• (4) Where written reasons are requested under paragraph (3)(b), the Secretary of State must provide them within 14 days of receipt of the request or as soon as practicable afterwards.

• (5) Where, as the result of paragraph (2), there is no right of appeal against a decision, the Secretary of State may treat any purported appeal as an application for a revision under section 9 of the Act.

Revision of child support decisions

3A

• (1) Subject to paragraph (2), any decision as defined in paragraph (3) may be revised under section 16 of the Child Support Act by the Secretary of State—

• (a) if the Secretary of State receives an application for the revision of a decision either—

• (i) under section 16; or

• (ii) by way of an application under section 28G,

of the Child Support Act, within one month of the date of notification of the decision or within such longer time as may be allowed under regulation 4;

• (b) if—

• (i) the Secretary of State notifies the person who applied for a decision to be revised within the period specified in sub-paragraph (a), that the application is unsuccessful because the Secretary of State is not in possession of all of the information or evidence needed to make a decision; and

• (ii) that person reapplies for the decision to be revised within one month of the notification described in head (i) above, or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case, and provides in that application sufficient information or evidence to enable a decision to be made;

• (c) if the Secretary of State is satisfied that the decision was erroneous due to a misrepresentation of, or failure to disclose, a material fact and that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would have been but for that error;

• (cc) if an appeal is made under section 20 of the Child Support Act against a decision within the time prescribed by Tribunal Procedure Rules but the appeal has not been determined;

• (d) if the Secretary of State commences action leading to the revision of the decision within one month of the date of notification of the decision; or

• (e) if the decision arose from an official error; or

• (f) if the grounds for revision are that a person with respect to whom a maintenance calculation was made was not, at the time the calculation was made, a parent of a child to whom the calculation relates.

• (2) Paragraph (1)(a) to (d) shall not apply in respect of a change of circumstances which—

• (a) occurred since the date on which the decision had effect; or

• (b) according to information or evidence which the Secretary of State has, is expected to occur.

• (3) In paragraphs (1), (2) and (5A) and in regulation 4(3) “decision” means a decision of the Secretary of State under section 11 or 12 of the Child Support Act, or a determination of the First-tier Tribunal on a referral under section 28D(1)(b) of that Act, or any supersession of a decision under section 17 of that Act, whether as originally made or as revised under section 16 of that Act.

• (4) A decision made under section 12(2) of the Child Support Act may be revised at any time before it is replaced by a decision under section 11 of that Act.

• (5) Where the Secretary of State revises a decision made under section 12(1) of the Child Support Act in accordance with section 16(1B) of that Act, that decision may be revised under section 16 of that Act at any time.

• (5A) Where—

• (a) the Secretary of State makes a decision (“decision A”) and there is an appeal;

• (b) there is a further decision in relation to the appellant (“decision B”) after the appeal but before the appeal results in a decision by the First-tier Tribunal (“decision C”); and

• (c) the Secretary of State would have made decision B differently if ... aware of decision C at the time of making decision B,

decision B may be revised at any time.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) Subject to paragraph (9), section 16 of the Child Support Act shall apply in relation to any decision of the Secretary of State not to make a maintenance calculation, as it applies in relation to any decision of the Secretary of State under sections 11, 12 or 17 of that Act, or the determination of an appeal tribunal on a referral under section 28D(1)(b) of that Act.

• (9) Paragraph (8) shall not apply to any decision not to make a maintenance calculation where the Secretary of State makes a decision under section 12 of the Child Support Act.

Consideration of revision before appeal in relation to certain child support decisions

3B

• (1) This regulation applies in a case where—

• (a) the Secretary of State gives a person written notice of a decision; and

• (b) that notice includes a statement to the effect that there is a right of appeal against the decision only if the Secretary of State has considered an application for a revision of the decision.

• (2) In a case to which this regulation applies, a person has a right of appeal under section 20 of the Child Support Act 1991 (as substituted by section 10 of the Child Support, Pensions and Social Security Act 2000) against the decision only if the Secretary of State has considered on an application whether to revise the decision under section 16 of that Act.

• (3) The notice referred to in paragraph (1) must inform the person of the time limit specified in regulation 3A(1)(a) for making an application for a revision.

• (4) Where, as the result of paragraph (2), there is no right of appeal against a decision, the Secretary of State may treat any purported appeal as an application for a revision under section 16 of that Act.

• (5) In this regulation “decision” means a decision mentioned in section 20(1)(a) or (b) of the Child Support Act 1991 (as substituted by section 10 of the Child Support, Pensions and Social Security Act 2000).

Late application for a revision

Date from which a decision revised under section 9 takes effect

Date from which a decision revised under section 16 of the Child Support Act takes effect

5A

• (1) Where the date from which a decision took effect is found to be erroneous on a revision under section 16 of the Child Support Act, the revision shall take effect from the date on which the decision revised would have taken effect had the error not been made.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supersession of child support decisions

6A

• (1) Subject to paragraphs (7) and (8), the cases and circumstances in which a decision (“a superseding decision") may be made by the Secretary of State for the purposes of section 17 of the Child Support Act are set out in paragraphs (2) to (6).

• (2) A decision may be superseded by a decision made by the Secretary of State acting on his own initiative where—

• (a) there has been a relevant change of circumstances since the decision had effect; or

• (b) the decision was made in ignorance of, or was based upon a mistake as to, some material fact.

• (3) Subject to regulation 6B, a decision may be superseded by a decision made by the Secretary of State where—

• (a) an application is made on the basis that—

• (i) there has been a change of circumstances since the date from which the decision had effect; or

• (ii) it is expected that a change of circumstances will occur; and

• (b) the Secretary of State is satisfied that the change of circumstances is or would be relevant.

• (4) A decision may be superseded by a decision made by the Secretary of State where—

• (a) an application is made on the basis that the decision was made in ignorance of, or was based upon a mistake as to, a fact; and

• (b) the Secretary of State is satisfied that the fact is or would be material.

• (4A) A decision may be superseded by a decision made by the Secretary of State—

• (a) where an application is made on the basis that; or

• (b) acting on his own initiative where,

the decision to be superseded is a decision of an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or of a Child Support Commissioner that was made in accordance with section 28ZB(4)(b) of the Child Support Act, in a case where section 28ZB(5) of that Act applies.

• (5) A decision, other than a decision made on appeal, may be superseded by a decision made by the Secretary of State—

• (a) acting on his own initiative, where he is satisfied that the decision was erroneous in point of law; or

• (b) where an application is made on the basis that the decision was erroneous in point of law.

• (6) A decision may be superseded by a decision made by the Secretary of State where he receives an application for the supersession of a decision by way of an application made under section 28G of the Child Support Act.

• (7) The cases and circumstances in which a decision may be superseded shall not include any case or circumstance in which a decision may be revised.

• (8) Paragraphs (2) to (6) shall not apply in respect of a decision to refuse an application for a maintenance calculation.

• (9) For the purposes of section 17 of the Child Support Act, paragraphs (2) to (6) shall apply in relation to any decision of the Secretary of State that an adjustment shall cease or with respect to the adjustment of amounts payable under a maintenance calculation for the purpose of taking account of overpayments of child support maintenance and voluntary payments, whether as originally made or as revised under section 16 of that Act.

Circumstances in which a child support decision may not be superseded

6B

• (1) Except as provided in paragraph (4), and subject to paragraph (3), a decision of the Secretary of State, an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Child Support Commissioner, on an application made under regulation 6A(2)(a), shall not be superseded where the difference between—

• (a) the non-resident parent’s net income figure fixed for the purposes of the maintenance calculation in force in accordance with Part I of Schedule 1 to the Child Support Act; and

• (b) the non-resident parent’s net income figure which would be fixed in accordance with a superseding decision,

is less than 5% of the figure in sub-paragraph (a).

• (2) In paragraph (1) “superseding decision" means a decision which would supersede the decision subject to the application made under regulation 6A(2)(a) but for the application of this regulation.

• (3) Where the application for a supersession is made on more than one ground, if those grounds which do not relate to the net income of the non-resident parent lead to a superseding decision this regulation shall not apply to the ground relating to the net income of that parent.

• (4) This regulation shall not apply to a decision under regulation 6A(2)(a) where—

• (a) the superseding decision is made in consequence of the determination of an application made under section 28G of the Child Support Act;

• (b) the superseding decision affects a variation ground in a decision made under section 11 or 17 of the Child Support Act, whether as originally made or as revised under section 16 of that Act;

• (c) the decision being superseded was made under section 12(2) of the Child Support Act, or was a decision under section 17 of that Act superseding an interim maintenance decision, whether as originally made or as revised under section 16 of that Act;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; ...

• (e) the superseding decision takes effect from the dates prescribed in regulation paragraph 4 of Schedule 3D; or

• (f) a decision is superseded and in relation to that superseding decision a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Child Support Act applies.

• (5) Where an application has been made to which paragraph (1) applied (“application A”) and a further application (“application B”) is made for a supersession on a ground other than one relating to the net income of the non-resident parent, the Secretary of State may make a superseding decision on the basis that application A was made at the same time as application B.

Date from which a decision superseded under section 10 takes effect

Definitions for the purposes of Chapters I and II

7A

• (1) For the purposes of regulations 3(5)(c), 6(2)(g), 6(2)(r), 7(2)(c) and (5)–

• “disability benefit decision” means a decision to award a relevant benefit embodied in or necessary to which is a disability determination,

• “disability determination” means–in the case of a decision as to an award of an attendance allowance or a disability living allowance, whether the person satisfies any of the conditions in section 64, 72(1) or 73(1) to (3), as the case may be, of the Contributions and Benefits Act,in the case of a decision as to an award of severe disablement allowance, whether the person is disabled for the purpose of section 68 of the Contributions and Benefits Act, orin the case of a decision as to an award of industrial injuries benefit, whether the existence or extent of any disablement is sufficient for the purposes of section 103 or 108 of the Contributions and Benefits Act or for the benefit to be paid at the rate which was in payment immediately prior to that decision;

• “employment and support allowance decision” means a decision to award a relevant benefit or relevant credit embodied in or necessary to which is a determination that a person has or is to be treated as having limited capability for work under Part 1 of the Welfare Reform Act ;

• “incapacity benefit decision” means a decision to award a relevant benefit or relevant credit embodied in or necessary to which is a determination that a person is or is to be treated as incapable of work under Part XIIA of the Contributions and Benefits Act, or an award of long term incapacity benefit under regulation 17(1) (transitional awards of long-term incapacity benefit) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995

• “incapacity determination” means a determination whether a person is incapable of work by applying the personal capability assessment in regulation 24 of the Social Security (Incapacity for Work) (General) Regulations 1995 or whether a person is to be treated as incapable of work in accordance with regulation 10 (certain persons with a severe condition to be treated as incapable of work) or 27 (exceptional circumstances) of those Regulations, and

• “limited capability for work determination” means a determination whether a person has limited capability for work by applying the test of limited capability for work or whether a person is to be treated as having limited capability for work in accordance with regulation 20 of the Employment and Support Allowance Regulations ;

• “payee” means a person to whom a benefit referred to in paragraph (a), (b) or (c) of the definition of “disability determination”, or a benefit referred to in the definition of “incapacity benefit decision” or “employment and support allowance decision” is payable.

• (2) Where a person’s receipt of or entitlement to a benefit (“the first benefit”) is a condition of his being entitled to any other benefit, allowance or advantage (“a second benefit”) and a decision is revised under regulation 3(5)(c) or a superseding decision is made under regulation 6(2) to which regulation 7(2)(c)(ii) applies, the effect of which is that the first benefit ceases to be payable, or becomes payable at a lower rate than was in payment immediately prior to that revision or supersession, a consequent decision as to his entitlement to the second benefit shall take effect from the date of the change in his entitlement to the first benefit.

Effective date of a supersession decision Date from which a decision superseded under section 17 of the Child Support Act takes effect

7B

• (1) Subject to paragraphs (17) to (22), where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(2)(a) applies on the basis of information or evidence which was also the basis of a decision made under section 8, 9 or 10 of the Act, the decision under section 17 of the Child Support Act shall take effect from the first day of the maintenance period in which that information or evidence was first brought to the attention of an officer exercising the functions of the Secretary of State under the Child Support Act (“the officer").

• (1A) Where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that—

• (a) paragraph 4(2) of Schedule 1 to the Child Support Act applies, the decision shall take effect from the first day of the maintenance period on or after—

• (i) the date on which the non-resident parent becomes the partner of a non-resident parent; or

• (ii) where a maintenance calculation is first made in respect of the non-resident parent’s partner, the date on which that calculation takes effect for the purposes of the Child Support Act; or

• (b) paragraph 4(2) of Schedule 1 to the Child Support Act ceases to apply, the decision shall take effect from the first day of the maintenance period on or after the date on which—

• (i) the non-resident parent or his partner ceases to be a non-resident parent; or

• (ii) the non-resident parent ceases to be the partner of a non-resident parent.

• (2) Where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(3)(a) applies and the relevant circumstance is that the non-resident parent or his partner has notified the officer that he or his partner had made a claim for a relevant benefit and, where the relevant benefit is payable, that the officer was notified within one month of notification of the award, the decision shall take effect from the first day of the maintenance period in which—

• (a) the non-resident parent or his partner notified the officer that he or his partner had made a claim for a relevant benefit, where entitlement to that benefit commences on or before the date of notification; or

• (b) entitlement to the relevant benefit commences, where that entitlement commenced after the date of notification.

• (3) Where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(4) applies and the material fact is that the non-resident parent or his partner has notified the officer that he or his partner had made a claim for a relevant benefit before the Secretary of State notified him of an application for a maintenance calculation in accordance with regulation 5 of the Maintenance Calculation Procedure Regulations (notice of an application for a maintenance calculation) and, where the relevant benefit is payable, that the officer was notified within one month of notification of the award, the decision shall take effect from the first day of the maintenance period in which—

• (a) the non-resident parent or his partner notified the officer that he or his partner had made a claim for a relevant benefit, where entitlement to that benefit commences on or before the date of notification; or

• (b) entitlement to the relevant benefit commences, where that entitlement commenced after the date of notification.

• (4) Subject to paragraphs (17) to (22), where the superseding decision is made in a case to which regulation 6A(3)(a)(i) applies and that decision supersedes one which has been made under section 12(2) of the Child Support Act, the decision shall take effect from the first day of the maintenance period in which the change of circumstances occurred.

• (5) Where the superseding decision is made in a case to which regulation 6A(3)(a)(ii) applies, the decision shall take effect from the first day of the maintenance period in which the change of circumstances is expected to occur.

• (6) Where the superseding decision is made in a case to which regulation 6A(6) applies and the relevant circumstance is that a ground for a variation is expected to occur, the decision shall take effect from the first day of the maintenance period in which the ground for the variation is expected to occur.

• (7) Except in a case to which paragraph (1) applies, where the superseding decision is made in a case to which regulation 7C applies, that decision shall take effect from the first day of the maintenance period which includes the date which is 28 days after the date on which the Secretary of State gave notice to the relevant persons under that regulation.

• (8) For the purposes of paragraph (7)—

• (a) where the relevant persons are notified on different dates, the period of 28 days shall be counted from the date of the latest notification;

• (b) notification includes oral and written notification;

• (c) where a person is notified in more than one way, the date on which he is notified is the date on which he was first given notification; and

• (d) the date of written notification is the date on which it was given or sent to the person.

• (9) Where—

• (a) a decision made by the First-tier Tribunal or the Upper Tribunal is superseded on the ground that it was erroneous due to a misrepresentation of, or that there was a failure to disclose, a material fact; and

• (b) the Secretary of State is satisfied that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error,

the superseding decision shall take effect from the date on which the decision of the First-tier Tribunal or, as the case may be, the Upper Tribunal took, or was to take, effect.

• (10) Any decision made under section 17 of the Child Support Act in consequence of a determination which is a relevant determination for the purposes of section 28ZC of that Act shall take effect from the date of the relevant determination.

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

• (17) Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is the death of a qualifying child or a qualifying child ceasing to be a qualifying child, the decision shall take effect from the first day of the maintenance period in which the change occurred.

• (17A) Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies, and the relevant circumstance is that a person has ceased to be a person with care in relation to a qualifying child in respect of whom the maintenance calculation was made, the decision shall take effect from the first day of the maintenance period in which that person ceased to be a person with care in relation to that qualifying child.

• (17B) Where a superseding decision is made in a case to which regulation 6A(3) applies, and the relevant circumstance is that there is a further qualifying child in respect of the non-resident parent and the person with care to whom the maintenance calculation being superseded relates, the superseding decision shall take effect from—

• (a) subject to sub-paragraph (b), the first day of the maintenance period in respect of the maintenance calculation in force, following—

• (i) where an effective application is made under section 17(1) of the Child Support Act by the non-resident parent, the date on which that application is made; or

• (ii) where the application made under section 17(1) of that Act is made by the person with care, or, where a maintenance calculation has been made in response to an application by a child under section 7 of that Act, by the child, the date of notification to the non-resident parent of that application;

• (b) the first day of the maintenance period in respect of the maintenance calculation in force where the date set out in head (i) or (ii) falls on the first day of that maintenance period.

• (17C) For the purposes of paragraph (17B)—

• (a) in head (i) of sub-paragraph (a), an application is effective if, were it an application for a maintenance calculation, it would comply with regulation 3(1) of the Maintenance Calculation Procedure Regulations ;

• (b) in head (ii) of sub-paragraph (a), notification to the non-resident parent shall take the same form in respect of an application for a supersession as it would in regulation 5 of the Maintenance Calculation Procedure Regulations , in respect of an application for a maintenance calculation.

• (18) Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that the non-resident parent, person with care or the qualifying child has moved out of the jurisdiction, the decision shall take effect from the first day of the maintenance period in which the non-resident parent, person with care or qualifying child leaves the jurisdiction and jurisdiction is within the meaning of section 44 of the Child Support Act.

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

• (20) Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that both the non-resident parent and the person with care with respect to whom a maintenance calculation was made request the Secretary of State to decide that the maintenance calculation shall cease and he is satisfied that they are living together, the decision shall take effect from the first day of the maintenance period in which the later of the two requests was made.

• (21) Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that—

• (a) an application for a maintenance calculation is made under section 4 or 7 of the Child Support Act ... in respect of a non-resident parent; and

• (b) before the decision as to a maintenance calculation is made at least one other maintenance calculation is in force with respect to the same non-resident parent but to a different person with care and a different child,

the effective date of the maintenance calculation made in respect of the application shall be a date which is not later than 7 days after the date of notification to the non-resident parent and which is the day on which a maintenance period in respect of the maintenance calculation in force begins.

• (22) Where a superseding decision is made in a case to which regulation 6A(3) applies and in relation to that decision a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Child Support Act applies, the effective date of the calculation or calculations shall be the beginning of the maintenance period in which the change of circumstance to which the calculation or calculations relates occurred or is expected to occur and where that change occurred before the date of the application for the supersession and was notified after that date, the date of that application.

• (22A) Where a superseding decision is made in a case to which regulation 6A(4A) applies the decision shall take effect from the first day of the maintenance period following the date the First-tier Tribunal or the Upper Tribunal’s decision would have taken effect had it been decided in accordance with the determination of the Upper Tribunal or the court in the appeal referred to in section 28ZB(1)(b) of the Child Support Act.

• (23) In this regulation—

• “benefit week" in relation to income support has the same meaning as in regulation 2(1) of the Income Support Regulations, and in relation to jobseeker’s allowance has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations;

• “partner" has the same meaning as in regulation 2 of the Income Support Regulations; and

• “relevant benefit" means a benefit which is prescribed in regulation 4 of the Maintenance Calculations and Special Cases Regulations for the purposes of paragraph 4(1)(b) of Part I of Schedule 1 to the Child Support Act, and child benefit as referred to in paragraph 10C(2)(a) of Part I of Schedule 1 to that Act.

Procedure where the Secretary of State proposes to supersede a decision under section 17 of the Child Support Act on his own initiative

7C

Where the Secretary of State on the Secretary of State’s own initiative proposes to make a decision superseding a decision the Secretary of State shall notify the relevant persons who could be materially affected by the decision of that intention.

Effective date for late notifications of change of circumstances

Review of certificates

9ZA

• (1) A certificate may be reviewed under section 10 of the 1997 Act where the Secretary of State is satisfied that—

• (a) a mistake (whether in the computation of the amount specified or otherwise) occurred in the preparation of the certificate;

• (b) the lump sum payment recovered from a compensator who makes a compensation payment (as defined in section 1A(5) of the 1997 Act) is in excess of the amount due to the Secretary of State;

• (c) incorrect or insufficient information was supplied to the Secretary of State by the compensator who applied for the certificate and in consequence the amount of lump sum payment specified in the certificate was less than it would have been had the information supplied been correct or sufficient;

• (d) a ground for appeal is satisfied under section 11 of the 1997 Act or an appeal has been made under that section; or

• (e) a certificate has been issued and, for any reason, a recoverable lump sum payment was not included in that certificate.

• (2) In this regulation and regulations 1(3) in paragraph (b) of the definition of “party to the proceedings”, 29 and 33, where applicable—

• (a) any reference to the 1997 Act is to be construed so as to include a reference to that Act as applied by regulation 2 of the Lump Sum Payments Regulations and, where applicable, as modified by Schedule 1 to those Regulations;

• (b) “ certificate ” means a certificate of recoverable lump sum payments, including where any of the amounts is nil;

• (c) “lump sum payment” is a payment to which section 1A(2) of the 1997 Act applies;

• (d) “ P ” is to be construed in accordance with regulations 4(1)(a)(i) and 5 of the Lump Sum Payments Regulations.

Consideration of review before appeal

9ZB

• (1) This regulation applies in a case where—

• (a) the Secretary of State has issued a certificate of recoverable benefits or certificate of recoverable lump sum payments; and

• (b) that certificate is accompanied by a notice to the effect that there is a right of appeal in relation to the certificate only if the Secretary of State has considered an application for review of the certificate.

• (2) In a case to which this regulation applies, a person has a right of appeal under section 11 of the 1997 Act against the certificate only if the Secretary of State has considered an application for review of the certificate under section 10 of that Act.

Correction of accidental errors

9A

• (1) Accidental errors in a decision of the Secretary of State or an officer of the Board under a relevant enactment within the meaning of section 28(3), or in any record of such a decision, may be corrected by the Secretary of State or an officer of the Board, as the case may be, at any time.

• (2) A correction made to, or to the record of, a decision shall be deemed to be part of the decision, or of that record, and the Secretary of State or an officer of the Board shall give a written notice of the correction as soon as practicable to the claimant.

• (3) In calculating the time within which an application can be made under regulation 3(1)(b) for a decision to be revised ... there shall be disregarded any day falling before the day on which notice was given of a correction of the decision or to the record thereof under paragraph (2).

Effect of determination as to capacity or capability for work

Secretary of State to determine certain matters

Issues for decision by officers of Inland Revenue

11A

• (1) Where, on consideration of any claim or other matter, it appears to the Secretary of State that an issue arises which, by virtue of section 8 of the Transfer Act, falls to be decided by an officer of the Board, he shall refer that issue to the Board.

• (2) Where—

• (a) the Secretary of State has decided any claim or other matter on an assumption of facts—

• (i) as to which there appeared to him to be no dispute, but

• (ii) concerning which, had an issue arisen, that issue would have fallen, by virtue of section 8 of the Transfer Act, to be decided by an officer of the Board; and

• (b) an application for revision or an application for supersession or an appeal is made in relation to the decision of that claim or other matter; and

• (c) it appears to the Secretary of State on receipt of the application or appeal that such an issue arises,

he shall refer that issue to the Board.

• (3) Pending the final decision of any issue which has been referred to the Board in accordance with paragraph (1) or (2) above, the Secretary of State may—

• (a) determine any other issue arising on consideration of the claim or other matter or, as the case may be, of the application,

• (b) seek a preliminary opinion of the Board on the issue referred and decide the claim or other matter or, as the case may be, the application in accordance with that opinion on that issue; or

• (c) defer making any decision on the claim or other matter or, as the case may be, the application.

• (4) On receipt by the Secretary of State of the final decision of an issue which has been referred to the Board in accordance with paragraph (1) or (2) above, the Secretary of State shall—

• (a) in a case to which paragraph (3)(b) above applies—

• (i) consider whether the decision ought to be revised under section 9 or superseded under section 10, and

• (ii) if so, revise it, or, as the case may be, make a further decision which supersedes it; or

• (b) in a case to which paragraph (3)(a) or (c) above applies, decide the claim or other matter or, as the case may be, the application,

in accordance with the final decision of the issue so referred.

• (5) In paragraphs (3) and (4) above “final decision" means the decision of an officer of the Board under section 8 of the Transfer Act or the determination of any appeal in relation to that decision.

Decision of the Secretary of State relating to industrial injuries benefit

Recrudescence of a prescribed disease

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.

Income support and social fund determinations on incomplete evidence

Retirement pension after period of deferment

13A

• (1) This regulation applies where—

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

• (b) an election is required by, as the case may be—

• (i) 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) 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) 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); and

• (c) no election is made when the claim is made.

• (2) In the circumstances specified in paragraph (1) the Secretary of State may decide the claim before any election is made, or is treated as made, for an increase or lump sum.

• (3) When an election is made, or is treated as made, the Secretary of State shall revise the decision which he made in pursuance of paragraph (2).

Effect of alteration in the component rates of income support and jobseeker’s allowance

Termination of award of income support, jobseeker’s allowance or employment and support allowance

14A

• (1) This regulation applies in a case where an award of income support, a jobseeker’s allowance or an employment and support allowance (“the existing benefit”) exists in favour of a person and, if that award did not exist and a claim was made by that person or his partner for an employment and support allowance, a jobseeker’s allowance or, as the case may be, income support (“the alternative benefit”), an award of the alternative benefit would be made on that claim.

• (2) In a case to which this regulation applies, if a claim for the alternative benefit is made the Secretary of State may bring to an end the award of the existing benefit if he is satisfied that an award of the alternative benefit will be made on that claim.

• (3) Where, under paragraph (2), the Secretary of State brings an award of the existing benefit to an end he shall do so with effect from the day immediately preceding the first day on which an award of the alternative benefit takes effect.

• (4) Where an award of a jobseeker’s allowance is made in accordance with the provisions of this regulation, paragraph 4 of Schedule 1 to the Jobseekers Act (waiting days) shall not apply.

• (5) Where an award of an employment and support allowance is made in accordance with the provisions of this regulation, paragraph 2 of Schedule 2 to the Welfare Reform Act (waiting days) shall not apply.

Jobseeker’s allowance determinations on incomplete evidence

Provision of information

15A

• (1) Where the Secretary of State has received an application under section 16 or 17 of the Child Support Act in connection with a previously determined variation which has effect on the maintenance calculation in force, the Secretary of State may request further information or evidence from the applicant to enable a decision on that application to be made and any such information or evidence shall be provided within one month of the date of notification of the request, or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case.

• (2) Where any information or evidence requested in accordance with paragraph (1) is not provided within the time limit specified in that paragraph, the Secretary of State may, where the Secretary of State is able to do so, proceed to make the decision in the absence of that information or evidence.

Procedure in relation to an application made under section 16 or 17 of the Child Support Act in connection with a previously determined variation

15B

• (1) Subject to paragraph (3), where the Secretary of State has received an application under section 16 or 17 of the Child Support Act in connection with a previously determined variation which has effect on the maintenance calculation in force, the Secretary of State—

• (a) shall give notice of the application to the relevant persons, other than the applicant, informing them of the grounds on which the application has been made and any relevant information or evidence the applicant has given, except information or evidence falling within paragraph (2);

• (b) may invite representations, which need not be in writing but shall be in writing if in any case the Secretary of State so directs, from the relevant persons other than the applicant on any matter relating to that application, to be submitted to the Secretary of State within 14 days of notification or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case; and

• (c) shall set out the provisions of paragraphs (2)(b) and (c), (4) and (5) in relation to such representations.

• (2) The information or evidence referred to in paragraphs (1)(a), (4)(a) and (7), is—

• (a) details of the nature of the long-term illness or disability of the relevant other child which forms the basis of a variation application on the ground in regulation 11 of the Variations Regulations (special expenses — illness or disability of relevant other child) where the applicant requests they should not be disclosed and the Secretary of State is satisfied that disclosure is not necessary in order to be able to determine the application;

• (b) medical evidence or medical advice which has not been disclosed to the applicant or a relevant person and which the Secretary of State considers would be harmful to the health of the applicant or that relevant person if disclosed to him;

• (c) the address of a relevant person or qualifying child, or any other information which could reasonably be expected to lead to that person or child being located, where the Secretary of State considers that there would be a risk of harm or undue distress to that person or that child or any other children living with that person if the address or information were disclosed.

• (3) The Secretary of State need not act in accordance with paragraph (1) if—

• (a) satisfied on the information or evidence available that a variation of the maintenance calculation in force will not be agreed, but if, on further consideration the Secretary of State is minded to do so the Secretary of State shall, before doing so, comply with the provisions of this regulation; and

• (b) were the application to succeed, the decision as revised or superseded would be less advantageous to the applicant than the decision before it was so revised or superseded.

• (4) Where the Secretary of State receives representations from the relevant persons the Secretary of State—

• (a) may, if the Secretary of State considers it reasonable to do so, send a copy of the representations concerned (excluding material falling within paragraph (2) above) to the applicant and invite any comments to be provided within 14 days or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case; and

• (b) where the Secretary of State acts under sub-paragraph (a), shall not proceed to make a decision in response to the application until the Secretary of State has received such comments or the period referred to in sub-paragraph (a) has expired.

• (5) Where the Secretary of State has not received representations from the relevant persons notified in accordance with paragraph (1) within the time limit specified in sub-paragraph (b) of that paragraph, the Secretary of State may proceed to make a decision under section 16 or 17 of the Child Support Act in response to the application, in their absence.

• (6) In considering an application for a revision or supersession the Secretary of State shall take into account any representations received at the date upon which the Secretary of State makes a decision under section 16 or 17 of the Child Support Act, from the relevant persons including any representations received in connection with the application in accordance with paragraphs (1)(b), (4)(a) and (7).

• (7) Where any information or evidence requested by the Secretary of State under regulation 15A is received after notification has been given under paragraph (1), the Secretary of State may, if the Secretary of State considers it reasonable to do so and except where such information or evidence falls within paragraph (2), send a copy of such information or evidence to the relevant persons and may invite them to submit representations, which need not be in writing unless the Secretary of State so directs in any particular case, on that information or evidence.

• (8) Where the Secretary of State is considering making a decision under section 16 or 17 of the Child Support Act in accordance with this regulation, the Secretary of State shall apply the factors to be taken into account for the purposes of section 28F of the Child Support Act set out in regulation 21 of the Variations Regulations (factors to be taken into account and not to be taken into account) as factors to be taken into account and not to be taken into account when considering making a decision under this regulation.

• (9) In this regulation “relevant person" means—

• (a) a non-resident parent, or a person treated as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations (persons treated as non-resident parents), whose liability to pay child support maintenance may be affected by any variation agreed;

• (b) a person with care, or a child to whom section 7 of the Child Support Act applies, where the amount of child support maintenance payable by virtue of a calculation relevant to that person with care or in respect of that child may be affected by any variation agreed.

Notification of a decision made under section 16 or 17 of the Child Support Act

15C

• (1) Subject to paragraphs (2) and (5) to (11), a notification of a decision made following the revision or supersession of a decision made under section 11, 12 or 17 of the Child Support Act, whether as originally made or as revised under section 16 of that Act, shall set out, in relation to the decision in question—

• (a) the effective date of the maintenance calculation;

• (b) where relevant, the non-resident parent’s net weekly income;

• (c) the number of qualifying children;

• (d) the number of relevant other children;

• (e) the weekly rate;

• (f) the amounts calculated in accordance with Part I of Schedule 1 to the Child Support Act and, where there has been agreement to a variation or a variation has otherwise been taken into account, the Variations Regulations;

• (g) where the weekly rate is adjusted by apportionment or shared care or both, the amount calculated in accordance with paragraph 6, 7 or 8, as the case may be, of Part I of Schedule 1 to the Child Support Act; and

• (h) where the amount of child support maintenance which the non-resident parent is liable to pay is decreased in accordance with regulation 9 of the Maintenance Calculations and Special Cases Regulations (care provided in part by local authority) or 11 (non-resident parent liable to pay maintenance under a maintenance order) of those Regulations, the adjustment calculated in accordance with that regulation.

• (2) A notification of a revision or supersession of a maintenance calculation made under section 12(1) of the Child Support Act shall set out the effective date of the maintenance calculation, the default rate, the number of qualifying children on which the rate is based and whether any apportionment has been applied under regulation 7 of the Maintenance Calculation Procedure Regulations (default rate) and shall state the nature of the information required to enable a decision under section 11 of that Act to be made by way of section 16 of that Act.

• (3) Except where a person gives written permission to the Secretary of State that the information in relation to him, mentioned in sub-paragraphs (a) and (b), may be conveyed to other persons, any document given or sent under the provisions of paragraph (1) or (2) shall not contain—

• (a) the address of any person other than the recipient of the document in question (other than the address of the office of the officer concerned who is exercising functions of the Secretary of State under the Child Support Act) or any other information the use of which could reasonably be expected to lead to any such person being located;

• (b) any other information the use of which could reasonably be expected to lead to any person, other than a qualifying child or a relevant person, being identified.

• (4) Where a decision as to the revision or supersession of a decision made under section 11, 12 or 17 of the Child Support Act, whether as originally made or as revised under section 16 of that Act, is made under section 16 or 17 of that Act, a notification under paragraph (1) or (2) shall include information as to the provisions of sections 16, 17 and 20 of that Act.

• (5) Where the Secretary of State makes a decision that a maintenance calculation shall cease to have effect—

• (a) the Secretary of State shall immediately notify the non-resident parent and person with care, so far as that is reasonably practicable;

• (b) where a decision has been superseded in a case where a child under section 7 of the Child Support Act ceases to be a child for the purposes of that Act, the Secretary of State shall immediately notify the persons in sub-paragraph (a) and the other qualifying children within the meaning of section 7 of that Act; and

• (c) any notice under sub-paragraphs (a) and (b) shall specify the date with effect from which that decision took effect.

• (6) Where the Commission, under the provisions of section 16 or 17 of the Child Support Act, has made a decision that an adjustment shall cease, or adjusted the amount payable under a maintenance calculation, it shall immediately notify the relevant persons, so far as that is reasonably practicable, that the adjustment has ceased or of the amount and period of the adjustment, and the amount payable during the period of the adjustment.

• (7) Where the Commission has made a decision under section 16 of the Child Support Act, revising a decision under section 41A or 47 of that Act, it shall immediately notify the relevant persons so far as that is reasonably practicable, of the amount of child support maintenance payable, the amount of arrears, the amount of the penalty payment or fees to be paid, as the case may be, the method of payment and the day by which payment is to be made.

• (8) Where the non-resident parent appeals against a decision made by the Commission under section 41A or 47 of the Child Support Act and the Commission makes a decision under section 16 of that Act, before the appeal is decided it shall notify the relevant persons, so far as that is reasonably practicable of either the new amount of the penalty payment or the fee to be paid or that the amount is no longer payable, the method of payment and the day by which payment is to be made.

• (9) Paragraphs (1) to (3) shall not apply where the Secretary of State has decided not to supersede a decision under section 17 of the Child Support Act, and the Secretary of State shall, so far as that is reasonably practicable, notify the relevant persons of that decision.

• (10) A notification under paragraphs (6) to (9) shall include information as to the provisions of sections 16, 17 and 20 of the Child Support Act.

• (11) Where paragraph (9) applies, and the Secretary of State decides not to supersede under regulation 6B, the Secretary of State shall notify the relevant person, in relation to the decision in question of—

• (a) the fact that regulation 6B applies to the decision;

• (b) the non-resident parent’s net income figure fixed for the purposes of the maintenance calculation in force in accordance with Part I of Schedule 1 to the Child Support Act;

• (c) the non-resident parent’s net income figure provided by that parent to the Secretary of State with the application for supersession under regulation 6A(3);

• (d) the decision of the Secretary of State not to supersede; and

• (e) the right to appeal against the decision under section 20 of the Child Support Act.

• (12) Where an appeal lapses in accordance with section 16(6) or 28F(5) of the Child Support Act, the Secretary of State shall, so far as that is reasonably practicable, notify the relevant persons that the appeal has lapsed.

Procedure in relation to the adjustment of the amount payable under a maintenance calculation

15D

• (1) Where the Secretary of State has adjusted the amount payable under a maintenance calculation under the provisions of regulation 10(1) and (3A) of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations and that maintenance calculation is subsequently replaced by a fresh maintenance calculation made by virtue of a revision under section 16 of the Child Support Act or of a decision under section 17 of that Act superseding an earlier decision, that adjustment shall, subject to paragraph (2), continue to apply to the amount payable under that fresh maintenance calculation unless the Secretary of State is satisfied that such adjustment would not be appropriate in all the circumstances of the case.

• (2) Where the Secretary of State is satisfied that the adjustment referred to in paragraph (1) would not be appropriate, he may make a decision under section 17 of the Child Support Act, superseding an earlier decision making an adjustment, and—

• (a) the adjustment shall cease; or

• (b) he may adjust the amount payable under that fresh maintenance calculation,

as he sees fit, having regard to the matters specified in regulation 10(1)(b)(i) to (iii) of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations.

Other persons with a right of appeal

Decisions against which an appeal lies

Decisions against which no appeal lies

Notice of decision against which appeal lies

Further particulars required relating to certificate of recoverable benefits or, as the case may be, recoverable lump sum payments appeals ...

Appeals to the First-tier Tribunal in child support cases

30A

Section 20 of the Child Support Act shall apply to any decision of the Secretary of State that an adjustment shall cease or with respect to the adjustment of amounts payable under a maintenance calculation for the purpose of taking account of overpayments of child support maintenance and voluntary payments, or a decision under section 17 of that Act, whether as originally made or as revised under section 16 of that Act. of the Commission with respect to the adjustment of amounts payable under a maintenance calculation for the purpose of taking account of overpayments of child support maintenance or voluntary payments.

Time within which an appeal is to be brought

Late appeals

Notice of Appeal

Death of a party to an appeal

Appeals raising issues for decision by officers of Inland Revenue

38A

• (1) Where a person has appealed to the First-tier Tribunal and it appears to the First-tier Tribunal, , that an issue arises which, by virtue of section 8 of the Transfer Act, falls to be decided by an officer of the Board, that tribunal ... shall—

• (a) refer the appeal to the Secretary of State pending the decision of that issue by an officer of the Board; and

• (b) require the Secretary of State to refer that issue to the Board;

and the Secretary of State shall refer that issue accordingly.

• (2) Pending the final decision of any issue which has been referred to the Board in accordance with paragraph (1) above, the Secretary of State may revise the decision under appeal, or make a further decision superseding that decision, in accordance with his determination of any issue other than one which has been so referred.

• (3) On receipt by the Secretary of State of the final decision of an issue which has been referred in accordance with paragraph (1) above, he shall consider whether the decision under appeal ought to be revised under section 9 or superseded under section 10, and—

• (a) if so, revise it or, as the case may be, make a further decision which supersedes it; or

• (b) if not, forward the appeal to the First-tier Tribunal which shall determine the appeal in accordance with the final decision of the issue so referred.

• (4) In paragraphs (2) and (3) above, “final decision" has the same meaning as in regulation 11A(3) and (4).

Choice of hearing

Withdrawal of appeal or referral

Medical examination required by appeal tribunal

Non-disclosure of medical advice or evidence

Summoning of witnesses and administration of oaths

Confidentiality in child support appeals or referrals

Procedure following a referral under section 28D(1)(b) of the Child Support Act

Provisions common to regulations 56 and 57

57A

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) There shall be no appeal against a correction made under regulation 56 or a refusal to make such a correction or against a determination made under regulation 57.

• (3) Nothing in this Chapter shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from these Regulations.

Service of decision notice by electronic mail

57AA

For the purposes of the time limits in regulations 53 to 57, a properly addressed copy of a decision notice sent by electronic mail is effective from the date it is sent.

Interpretation of Chapter V

57B

• (1) In Chapter V, except in regulations 58 and 58A—

• “Commissioner” includes Child Support Commissioner;

• “decision” includes a determination on a referral.

• (2) In Chapter V—

• “decision notice” has the meaning given in regulation 53(1) and (2).

Appeal to the Upper Tribunal by a partner

58A

A partner within the meaning of section 2AA(7) of the Administration Act (full entitlement to certain benefits conditional on work-focused interview for partner) may appeal to the Upper Tribunal under section 14 from a decision of the First-tier Tribunal in respect of a decision specified in section 2B(2A) and (6) of the Administration Act .

Child Benefit

Claims and Payments

Schemes that were Contracted-out Pension Schemes

Decisions depending on other cases

Deductions

European Community Regulations

Expenses

Guardian’s Allowance

Income Support

State pension credit

13A

A decision of the Secretary of State made in accordance with paragraph (1) or (3) of regulation 13 in relation to state pension credit (determination on incomplete evidence).

Industrial Injuries Benefit

Invalid Vehicle Scheme

Jobseeker’s Allowance

Loss of Benefit for Breach of Community Order

19A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payments on Account, Overpayments and Recovery

20A

A decision of the Secretary of State under the Social Security (Payments on Account of Benefit) Regulations 2013 except a decision under regulation 10 of those Regulations.

Persons Abroad

Reciprocal Agreements

Social Fund Awards

Suspension

Up-rating

26

Any decision treated as a decision of the Secretary of State whether or not to waive or defer a work-focused interview.

Loss of benefit

27

• (1) In the circumstances referred to in sub-paragraph (2), a decision of the Secretary of State that a sanctionable benefit as defined in section 6A(1) of the Social Security Fraud Act 2001 is not payable (or is to be reduced) pursuant to section 6B, 7, 8 or 9 of that Act as a result of—

• (a) a conviction for one or more benefit offences in one set of proceedings;

• (b) an agreement to pay a penalty under section 115A of the Administration Act (penalty as alternative to prosecution) or section 109A of the Social Security Administration (Northern Ireland) Act 1992 (the corresponding provision for Northern Ireland) in relation to a benefit offence;

• (c) a caution in respect of one or more benefit offences; or

• (d) a conviction for one or more benefit offences in each of two sets of proceedings, the later offence or offences being committed within the period of 5 years after the date of any of the convictions for a benefit offence in the earlier proceedings.

• (2) The circumstances are that the only ground of appeal is that any of the convictions was erroneous, or that the offender (as defined in section 6B(1) of the Social Security Fraud Act 2001) did not commit the benefit offence in respect of which there has been an agreement to pay a penalty or a caution has been accepted.

Legal Qualifications

Medical Qualifications

Financial Qualifications

Disability Qualifications

SCHEDULE 3A

Date from which superseding decision takes effect where a claimant is in receipt of income support or jobseeker’s allowance.

Income Support

1

Subject to paragraphs 2 to 6, where the amount of income support payable under an award is changed by a superseding decision made on the ground of a change of circumstances, that superseding decision shall take effect—

• (a) where income support is paid in arrears, from the first day of the benefit week in which the relevant change of circumstances occurs or is expected to occur; or

• (b) where income support is paid in advance, from the date of the relevant change of circumstances, or the day on which the relevant change of circumstances is expected to occur, if either of those days is the first day of the benefit week and otherwise from the next following such day,

and for the purposes of this paragraph any period of residence in temporary accommodation under arrangements for training made under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 for a period which is expected to last for seven days or less shall not be regarded as a change of circumstances.

2

In the cases set out in paragraph 3, the superseding decision shall take effect from the day on which the relevant change of circumstances occurs or is expected to occur.

3

The cases referred to in paragraph 2 are where—

• (a) income support is paid in arrears and entitlement ends, or is expected to end, for a reason other than that the claimant no longer satisfies the provisions of section 124(1)(b) of the Contributions and Benefits Act;

• (aa) income support is being paid from 8th April 2002 to persons who, immediately before that day, had a preserved right for the purposes of the Income Support Regulations;

• (b) a child or young person referred to in regulation 16(6) of the Income Support Regulations (child in care of local authority or detained in custody) lives, or is expected to live, with the claimant for part only of the benefit week;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) a person referred to in paragraph 1, 2, 3 or 18 of Schedule 7 to the Income Support Regulations—

• (i) ceases, or is expected to cease, to be a patient; or

• (ii) a member of his family ceases, or is expected to cease, to be a patient,

in either case for a period of less than a week;

• (e) a person referred to in paragraph 8 of Schedule 7 to the Income Support Regulations—

• (i) ceases to be a prisoner; or

• (ii) becomes a prisoner;

• (f) a person to whom section 126 of the Contributions and Benefits Act (trade disputes) applies—

• (i) becomes incapable of work by reason of disease or bodily or mental disablement; or

• (ii) enters the maternity period (as defined in section 126(2) of that Act) or the day is known on which that person is expected to enter the maternity period;

• (g) during the currency of the claim, a claimant makes a claim for a relevant social security benefit—

• (i) the result of which is that his benefit week changes; or

• (ii) under regulation 13 of the Claims and Payment Regulations and an award of that benefit on the relevant day for the purposes of that regulation means that his benefit week is expected to change.

• (h) regulation 9 of the Social Security (Disability Living Allowance) Regulations 1991 (persons in certain accommodation other than hospitals) applies, or ceases to apply, to the claimant for a period of less than one week; ...

• (ha) regulation 22 (effect of admission to a care home on ongoing entitlement to care component) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 applies, or ceases to apply, to the claimant for a period of less than one week;

• (i) regulations under section 86(1) (hospital in-patients) of the Welfare Reform Act 2012 apply, or cease to apply, to the claimant for a period of less than one week ; or

• (j) regulation 28 (effect of admission to hospital on ongoing entitlement to adult disability payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 applies, or ceases to apply, to the claimant for a period of less than one week.

4

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

5

Where—

• (a) it is decided upon supersession on the ground of a relevant change of circumstances or change specified in paragraphs 12 and 13 that the amount of income support is, or is to be, reduced; and

• (b) the Secretary of State certifies that it is impracticable for a superseding decision to take effect from the day prescribed in paragraph 12 or the preceding paragraphs of this Schedule (other than where paragraph 3(g) or 4 applies),

that superseding decision shall take effect—

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

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

6

Where—

• (a) a superseding decision (“the former supersession") was made on the ground of a relevant change of circumstances in the cases set out in paragraphs 3(b) to (g); and

• (b) that superseding decision is itself superseded by a subsequent decision because the circumstances which gave rise to the former supersession cease to apply (“the second change"), that subsequent decision shall take effect from the date of the second change.

Jobseeker’s Allowance

7

Subject to paragraphs 8 to 11, where a decision in respect of a claim for jobseeker’s allowance is superseded on the ground that there has been or there is expected to be, a relevant change of circumstances, the supersession shall take effect from the first day of the benefit week (as defined in regulation 1(3) of the Jobseeker’s Allowance Regulations) in which that relevant change of circumstances occurs or is expected to occur.

8

Where the relevant change of circumstances giving rise to the supersession is that—

• (a) entitlement to jobseeker’s allowance ends, or is expected to end, for a reason other than that the claimant no longer satisfies the provisions of section 3(1)(a) or 3A(1)(a) of the Jobseekers Act; or

• (aa) jobseeker’s allowance is being paid from 8th April 2002 to persons who, immediately before that day, had a preserved right for the purposes of the Jobseeker’s Allowance Regulations;

• (b) a child or young person who is normally in the care of a local authority or who is detained in custody lives, or is expected to live, with the claimant for a part only of the benefit week; or

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) the partner of the claimant or a member of his family ceases, or is expected to cease, to be a hospital in-patient for a period of less than a week; or

• (e) a joint-claim couple ceases to be a couple,

the supersession shall take effect from the date that the relevant change of circumstances occurs or is expected to occur.

9

Where the relevant change of circumstances giving rise to a supersession is any of those specified in paragraph 8, and, in consequence of those circumstances ceasing to apply, a further superseding decision is made, that further superseding decision shall take effect from the date that those circumstances ceased to apply.

10

Where, under the provisions of regulation 96 or 102C(3) of the Jobseeker’s Allowance Regulations, income is treated as paid on a certain date and that payment gives rise, or is expected to give rise, to a relevant change of circumstance resulting in a supersession, that supersession shall take effect from that date.

11