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

Where a relevant change of circumstances or change specified in paragraphs 12 and 13 occurs which results, or is expected to result, in a reduced award of jobseeker’s allowance then, if the Secretary of State is of the opinion that it is impracticable for a supersession to take effect in accordance with paragraph 12 or the preceding paragraphs of this Schedule, the supersession shall take effect from the first day of the benefit week following that in which the relevant change of circumstances occurs.

Changes other than changes of circumstances

12

Where an amount of income support or jobseeker’s allowance payable under an award is changed by a superseding decision specified in paragraph 13 the superseding decision shall take effect—

• (a) in the case of a change in respect of income support, from the day specified in paragraph 1(a) or (b) for a change of circumstances; and

• (b) in the case of a change in respect of jobseeker’s allowance, from the day specified in paragraph 7 for a change of circumstances.

13

The following are superseding decisions for the purposes of paragraph 12—

• (a) a decision which supersedes a decision specified in regulation 6(2)(b) to (ee); and

• (b) a superseding decision which would, but for paragraph 12, take effect from a date specified in regulation 7(5) to (7), (12) to (16), (18) to (20), (22), (24) and (33).

SCHEDULE 3B — DATE ON WHICH CHANGE OF CIRCUMSTANCES TAKES EFFECT WHERE CLAIMANT ENTITLED TO STATE PENSION CREDIT

1

Where the amount of state pension credit payable under an award is changed by a superseding decision made on the ground that there has been a relevant change of circumstances, that superseding decision shall take effect from the following days—

• (a) for the purpose only of determining the day on which an assessed income period begins under section 9 of the State Pension Credit Act , from the day following the day on which the last previous assessed income period ended; and

• (b) except as provided in the following paragraphs–

• (i) where state pension credit is paid in advance, from the day that change occurs or is expected to occur if either of those days is the first day of a benefit week but if it is not from the next following such day;

• (ii) where state pension credit is paid in arrears, from the first day of the benefit week in which that change occurs or is expected to occur.

2

Subject to paragraph 3, where the relevant change is that—

• (a) the claimant’s income or the income of the claimant’s partner (other than deemed income from capital) has changed;

• (b) the claimant or the claimant’s partner becomes entitled to—

• (i) disability living allowance (middle or higher rate care component); ...

• (ii) attendance allowance; ...

• (iii) personal independence payment (standard or enhanced rate daily living component under section 78 of the Welfare Reform Act 2012); ...

• (iv) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; ...

• (v) the daily living component of adult disability payment at the standard or enhanced rate under the Disability Assistance for Working Age People (Scotland) Regulations 2022;

• (vi) pension age disability payment within the meaning of the Disability Assistance for Older People (Scotland) Regulations 2024; ...

• (vii) the care component of Scottish adult disability living allowance at the middle or higher rate under the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025; or

• (c) the claimant or the claimant’s partner again receives any of the allowances or payments mentioned in sub-paragraph (b) above immediately after the end of the period specified in paragraph 2A,

the superseding decision shall take effect on the first day of the benefit week in which that change occurs or if that is not practicable in the circumstances of the case, on the first day of the next following benefit week.

2A

A period specified for the purposes of paragraph 2 is a period when the claimant or the claimant’s partner is maintained free of charge while undergoing medical or other treatment as an in-patient in—

• (a) a hospital or similar institution under—

• (i) the National Health Service 2006;

• (ii) the National Health Service (Wales) Act 2006; or

• (iii) the National Health Service (Scotland) Act 1978; or

• (b) a hospital or similar institution maintained or administered by the Defence Council.

3

Paragraph 2 shall not apply where the only relevant change is that working tax credit under the Tax Credits Act 2002 becomes payable or becomes payable at a higher rate.

4

A superseding decision shall take effect from the day the change of circumstances occurs or is expected to occur if—

• (a) the person ceases to be or becomes a prisoner, and for this purpose “prisoner” has the same meaning as in regulation 1(2) of the State Pension Credit Regulations ; or

• (b) whilst entitled to state pension credit a claimant is awarded another social security benefit and in consequence of that award his benefit week changes or is expected to change.

5

In a case where the relevant circumstance is that the claimant ceased to be a patient, if he becomes a patient again in the same benefit week, the superseding decision in respect of ceasing to be a patient shall take effect from the first day of the week in which the change occured.

6

In paragraph 5, “patient” means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 2005

7

Subject to paragraph 8A, where an amount of state pension credit payable under an award is changed by a superseding decision specified in paragraph 8 the superseding decision shall take effect from the day specified in paragraph 1(b).

8

The following are superseding decisions for the purposes of paragraph 7—

• (a) a decision which supersedes a decision specified in regulation 6(2)(b) to (ee) and (m); and

• (b) a superseding decision which would, but for paragraphs 2 and 7, take effect from a date specified in regulation 7(5) to (7), (12) to (16) and (29C).

8A

Where the relevant change of circumstances is the death of the claimant, the superseding decision shall take effect on the first day of the benefit week next following the date of death.

11

In this Schedule, “benefit week” means—

• (a) where state pension credit is paid in advance, the period of 7 days beginning on the day on which, in the claimant’s case, that benefit is payable;

• (b) where state pension credit is paid in arrears, the period of 7 days ending on the day on which, in the claimant’s case, that benefit is payable.

SCHEDULE 3C — DATE FROM WHICH CHANGE OF CIRCUMSTANCES TAKES EFFECT WHERE CLAIMANT ENTITLED TO EMPLOYMENT AND SUPPORT ALLOWANCE

1

Subject to paragraphs 2 to 7, where the amount of an employment and support allowance 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 from the first day of the benefit week in which the relevant change of circumstances occurs or is expected to occur.

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) entitlement ends, or is expected to end, for a reason other than that the claimant no longer satisfies the provisions of paragraph 6(1)(a) of Schedule 1 to the Welfare Reform Act ;

• (b) a child or young person referred to in regulation 156(6)(d) or (h) of the Employment and Support Allowance 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) a person referred to in paragraph 12 of Schedule 5 to the Employment and Support Allowance Regulations—

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

• (ii) a member of the person’s family ceases, or is expected to cease, to be a patient,

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

• (d) a person referred to in paragraph 3 of Schedule 5 to the Employment and Support Allowance Regulations—

• (i) ceases to be a prisoner; or

• (ii) becomes a prisoner;

• (e) 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) in accordance with regulation 13 of the Claims and Payments 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.

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

• (fa) 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;

• (g) regulations under section 85(1) of the Welfare Reform Act 2012 (care home residents) apply, or cease to apply, to the claimant for a period of less than one week; or

• (h) regulation 27 (effect of admission to a care home on ongoing entitlement to daily living component) 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 93 of the Employment and Support Allowance 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 9 and 10 that the amount of an employment and support allowance 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 9 or the preceding paragraphs of this Schedule (other than where paragraph 3(e) 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 paragraph 3(b) to (e); 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.

7

In the case of an employment and support allowance decision where there has been a limited capability for work determination, where—

• (a) the Secretary of State is satisfied that, in relation to 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

• (b) the claimant or payee, as the case may be, could reasonably have been expected to know that the change of circumstances should have been notified,

the superseding decision shall take effect—

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

• (ii) 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.

Changes other than changes of circumstances

8

Where—

• (a) the Secretary of State supersedes a decision made by an appeal tribunal or a Commissioner on the grounds specified in regulation 6(2)(c)(i) (ignorance of, or mistake as to, a material fact);

• (b) the decision to be superseded was more advantageous to the claimant because of the ignorance or mistake than it would otherwise have been; and

• (c) the material fact—

• (i) does not relate to the limited capability for work determination embodied in or necessary to the decision; or

• (ii) relates to a limited capability for work determination embodied in or necessary to the decision and the Secretary of State is satisfied that at the time the decision was made the claimant or payee, as the case may be, knew or could reasonably have been expected to know of it and that it was relevant,

the superseding decision shall take effect from the first day of the benefit week in which the decision of the appeal tribunal or the Commissioner took effect or was to take effect.

9

Where an amount of an employment and support allowance payable under an award is changed by a superseding decision specified in paragraph 10 the superseding decision shall take effect from the day specified in paragraph 1 for a change of circumstances.

10

The following are superseding decisions for the purposes of paragraph 9—

• (a) a decision which supersedes a decision specified in regulation 6(2)(b) and (d) to (ee); and

• (b) a superseding decision which would, but for paragraph 9, take effect from a date specified in regulation 7(6), (7), (12), (13), (17D) to (17F), and (33).

SCHEDULE 3D — EFFECTIVE DATES FOR SUPERSESSION OF CHILD SUPPORT DECISIONS

1

This Schedule sets out the exceptions to the general rule in section 17(4) of the Child Support Act (that is the rule that a supersession decision takes effect from the beginning of the maintenance period in which it is made or, where applicable, the beginning of the maintenance period in which an application for a supersession is made).

Expected change

2

Where the ground for the supersession decision is that a relevant change of circumstances is expected to occur or that a ground for a variation is expected to occur, the decision takes effect from the beginning of the maintenance period in which that change or that ground is expected to occur.

Decision backdated to when the change occurred

3

Where the ground for the supersession decision is that a relevant change of circumstances of the following kind has occurred, the decision takes effect from the beginning of the maintenance period in which the change occurred—

• (a) a qualifying child dies or ceases to be a qualifying child;

• (aa) a relevant other child dies or ceases to be a relevant other child;

• (b) the person with care ceases to be a person with care in relation to a qualifying child;

• (c) the person with care, the non-resident parent or a qualifying child ceases to be habitually resident in the United Kingdom; ...

• (d) paragraph 4(2) of Schedule 1 to the Child Support Act (flat rate for a non-resident parent whose partner is a non-resident parent) begins or ceases to apply; or

• (e) the non-resident parent begins or ceases to receive a benefit mentioned in regulation 4(1) of the Maintenance Calculations and Special Cases Regulations (flat rate) or begins or ceases to be a person who receives, or whose partner receives, a benefit referred to in regulation 4(2) of those Regulations.

3A

In paragraph 3, the reference to the day on which a person begins or ceases to receive a benefit is to the day on which entitlement to the benefit commences or ends, as the case may be.

Non-resident parent or partner on or off benefit

4

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

New qualifying child

5

Paragraphs 6 and 7 apply where the ground for the supersession is that there is a new qualifying child in relation to the non-resident parent.

6

Where there is a new qualifying child in relation to the same person with care—

• (a) if the application is made by the non-resident parent, the decision takes effect from the beginning of the maintenance period in which the application is made; and

• (b) if the application is made by the person with care the decision takes effect from the beginning of the maintenance period in which notification of the application is given to the non-resident parent.

7

Where there is a new qualifying child in relation to a different person with care and an application for a maintenance calculation has been made under section 4 or section 7 of the Child Support Act, the decision takes effect from the beginning of the maintenance period in which notification of the calculation is given to the non-resident parent.

Series of changes waiting to be actioned

8

Where a decision is superseded on application 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 is the beginning of the maintenance period in which the change of circumstances to which the calculation relates occurred or is expected to occur and where it occurred before the date of the application for the supersession and was notified after that date, the beginning of the maintenance period in which that application was made.

Own initiative decision

9

Unless paragraph 4 applies, where a decision is superseded in a case where the Secretary of State is required to give notice under regulation 7C, the decision takes 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 has given notice (oral or written) to the relevant persons under that regulation.

Supersession of tribunal decision made pending outcome of a related appeal

10

Where, in accordance with section 28ZB(5) of the Child Support Act (appeals involving issues that arise on appeal in other cases), the Secretary of State makes a decision superseding the decision of the First-tier Tribunal or the Upper Tribunal, the superseding decision takes effect from the beginning of the maintenance period following the date on which the decision of the First-tier Tribunal or, as the case may be, the Upper Tribunal 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).

Supersession of tribunal decision made in error due to misrepresentation etc.

11

Where—

• (a) a decision made by an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or of a Child Support Commissioner is superseded on the ground that it was erroneous due to 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 takes effect from the date on which the decision of an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Child Support Commissioner (as the case may be) took, or was to take, effect.

Supersession of look alike case where law reinterpreted by the Upper Tribunal or a court

12

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 (cases of error) of that Act takes effect from the date of the relevant determination.

Editorial notes