The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013

Made: 25th February 2013

Coming into force in accordance with Regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections:— 5(1A), 159D(1) and (6), 189(1), (4) to (6) and section 191 of the Social Security Administration Act 1992 ;— 9(1), (4) and (6), 10(3) and (6), 10A, 11(1), 12(2), (3), (3A), (3B), (6) and (7)(b), 16(1), 17, 18(1), 21(1) to (3), 22 and 23, 25(3)(b) and (5)(c), 26(6)(c), 28(1), 31(2), 79(1) and (4) to (7) and 84 of, and paragraph 9 of Schedule 2, paragraphs 1, 4 and 9 of Schedule 3 and Schedule 5 to, the Social Security Act 1998 .

— 5(1A), 159D(1) and (6), 189(1), (4) to (6) and section 191 of the Social Security Administration Act 1992 ;

— 9(1), (4) and (6), 10(3) and (6), 10A, 11(1), 12(2), (3), (3A), (3B), (6) and (7)(b), 16(1), 17, 18(1), 21(1) to (3), 22 and 23, 25(3)(b) and (5)(c), 26(6)(c), 28(1), 31(2), 79(1) and (4) to (7) and 84 of, and paragraph 9 of Schedule 2, paragraphs 1, 4 and 9 of Schedule 3 and Schedule 5 to, the Social Security Act 1998 .

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

The Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it .

PART 1 — GENERAL

Citation, commencement and application

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• (1) These Regulations may be cited as the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013.

• (2) They come into force—

• (a) in so far as they relate to personal independence payment and for the purposes of this regulation, on 8th April 2013;

• (b) for all remaining purposes, on 29th April 2013.

• (3) These Regulations apply in relation to—

• (a) an employment and support allowance payable under Part 1 of the 2007 Act as amended by Schedule 3 and Part 1 of Schedule 14 to the 2012 Act (to remove references to an income-related allowance);

• (b) a jobseeker's allowance payable under the Jobseekers Act as amended by Part 1 of Schedule 14 to the 2012 Act (to remove references to an income-based allowance);

• (c) personal independence payment; and

• (d) universal credit.

Interpretation

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In these Regulations—

• “the 1998 Act” means the Social Security Act 1998;

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

• “the 2012 Act” means the Welfare Reform Act 2012;

• “the Administration Act” means the Social Security Administration Act 1992;

• “appeal”, except where the context otherwise requires, means an appeal to the First-tier Tribunal established under the Tribunals, Courts and Enforcement Act 2007;

• “appropriate office” means—in the case of a contributions decision which falls within Part 2 (contributions decisions) of Schedule 3 (decisions against which an appeal lies) to the 1998 Act, any National Insurance Contributions office of HMRC or any office of the Department for Work and Pensions; orin any other case, the office of the Department for Work and Pensions, or other place, the address of which is specified on the notification of the original decision referred to in regulation 5(1) (revision on any grounds);

• “assessment period” is to be construed in accordance with regulation 21 (assessment periods) of the Universal Credit Regulations;

• “benefit” means a benefit or an allowance in relation to which these Regulations apply;

• “benefit week” has the same meaning as in—regulation 2 (interpretation) of the Employment and Support Allowance Regulations 2013 in the case of an employment and support allowance;regulation 2 (general interpretation) of the Jobseeker's Allowance Regulations 2013, in the case of a jobseeker's allowance;

• “child” means a person under the age of 16;

• ...

• “claimant” means—any person who has claimed—an employment and support allowance;a jobseeker's allowance;personal independence payment;in the case of universal credit, any person who is a claimant for the purposes of section 40 (interpretation) of the 2012 Act; andany other person from whom an amount of benefit is alleged to be recoverable;

• “the Claims and Payments Regulations 2013” means the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013;

• “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;

• “the date of notification”, in relation to a decision of the Secretary of State, means the date on which the notification of the decision is treated as having been given or sent in accordance with—regulation 3 (service of documents); orwhere the notification is given or sent using an electronic communication, Schedule 2 (electronic communications) to the Claims and Payments Regulations 2013;

• “designated authority” means—the Secretary of State; ora person providing services to the Secretary of State;

• “electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000;

• “employment and support allowance” means an employment and support allowance in relation to which these Regulations apply;

• “the Fraud Act” means the Social Security Fraud Act 2001;

• “fraud penalty”, in relation to any claimant of an employment and support allowance, a jobseeker's allowance or universal credit, means any period during which the provisions of section 6B, 7 or 9 of the Fraud Act apply to the award;

• “family” means the claimant's partner and any—child; orqualifying young person, within the meaning of regulation 5 (meaning of “qualifying young person”) of the Universal Credit Regulations,who is a member of the same household as the claimant and for whom the either the claimant or their partner is, or both of them are, responsible;

• “HMRC” means Her Majesty's Revenue and Customs;

• “the Jobseekers Act” means the Jobseekers Act 1995;

• “jobseeker's allowance” means a jobseeker's allowance in relation to which these Regulations apply;

• “limited capability for work” has the same meaning as in—section 1(4) of the 2007 Act in relation to an employment and support allowance;section 37(1) of the 2012 Act in relation to universal credit;

• “limited capability for work determination” means—where the determination relates to an employment and support allowance, a determination whether a person has limited capability for work following a limited capability for work assessment in accordance with regulation 15(1) (determination of limited capability for work) of the Employment and Support Allowance Regulations 2013, or a determination that a person is to be treated as having limited capability for work in accordance with regulation 16 (certain claimants to be treated as having limited capability for work) or 25 (exceptional circumstances) of those Regulations;where the determination relates to universal credit, a determination whether a person has limited capability for work following a limited capability for work assessment referred to in regulation 39(2) (limited capability for work) of the Universal Credit Regulations, or a determination that a person is to be treated as having limited capability for work in accordance with regulation 39(6) of those Regulations;

• “official error” means an error made by—an officer of the Department for Work and Pensions or HMRC acting as such which was not caused or materially contributed to by any person outside the Department or HMRC;a person employed by, and acting on behalf of, a designated authority which was not caused or materially contributed to by any person outside that authority,but excludes any error of law which is shown to have been such by a subsequent decision of the Upper Tribunal, or of the court as defined in section 27(7) of the 1998 Act;

• “partner” means one of a couple within the meaning of section 39 (couples) of the 2012 Act;

• “personal independence payment” means an allowance payable under Part 4 (personal independence payment) of the 2012 Act;

• “relevant benefit” has the same meaning as in Chapter 2 (social security decisions and appeals) of Part 1 (decisions and appeals) of the 1998 Act;

• “the Rent Officers Order 2013” means the Rent Officers (Universal Credit Functions) Order 2013;

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

• “terminally ill” in relation to a claimant, means that the claimant is suffering from a progressive disease and that death in consequence of that disease can reasonably be expected within 12 months;

• “the Tribunal Procedure Rules” means the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008;

• “the Universal Credit Regulations” means the Universal Credit Regulations 2013;

• “universal credit” means the benefit payable under Part 1 (universal credit) of the 2012 Act;

• “writing” includes writing produced by means of electronic communications used in accordance with regulation 4 (electronic communications).

Service of documents

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• (1) Where, under any provision of these Regulations, any notice or other document is given or sent by post to the Secretary of State, it is to be treated as having been given or sent on the day on which it is received by the Secretary of State.

• (2) Where, under any provision of these Regulations, the Secretary of State sends a notice or other document by post to a person's last known address, it is to be treated as having been given or sent on the day on which it was posted.

Electronic communications

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Schedule 2 (electronic communications) to the Claims and Payments Regulations 2013 applies to the delivery of electronic communications to or by the Secretary of State for the purposes of these Regulations in the same manner as it applies to the delivery of electronic communications for the purposes of the Claims and Payments Regulations 2013.

PART 2 — REVISION

CHAPTER 1 — REVISION ON ANY GROUNDS

Revision on any grounds

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• (1) Any decision of the Secretary of State under section 8 or 10 of the 1998 Act (“the original decision”) may be revised by the Secretary of State if—

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

• (b) an application for a revision is received by the Secretary of State at an appropriate office within—

• (i) one month of the date of notification of the original decision (but subject to regulation 38(4)(correction of accidental errors));

• (ii) 14 days of the expiry of that period if a written statement of the reasons for the decision is requested under regulation 7 (consideration of revision before appeal) or regulation 51 (notice of a decision against which an appeal lies) and that statement is provided within the period specified in paragraph (i);

• (iii) 14 days of the date on which that statement was provided if the statement was requested within the period specified in paragraph (i) but was provided after the expiry of that period; or

• (iv) such longer period as may be allowed under regulation 6 (late application for a revision).

• (2) Paragraph (1) does not apply—

• (a) in respect of a relevant change of circumstances which occurred since the decision had effect or, in the case of an advance award under regulation 32, 33 or 34 of the Claims and Payments Regulations 2013, since the decision was made;

• (b) where the Secretary of State has evidence or information which indicates that a relevant change of circumstances will occur;

• (c) in respect of a decision which relates to an employment and support allowance or personal independence payment where the claimant is terminally ill, unless the application for a revision contains an express statement that the claimant is terminally ill.

Late application for a revision

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• (1) The Secretary of State may extend the time limit specified in regulation 5(1) (revision on any grounds) for making an application for a revision if all of the following conditions are met.

• (2) The first condition is that the person wishing to apply for the revision has applied to the Secretary of State at an appropriate office for an extension of time.

• (3) The second condition is that the application—

• (a) explains why the extension is sought;

• (b) contains sufficient details of the decision to which the application relates to enable it to be identified; and

• (c) is made within 12 months of the latest date by which the application for revision should have been received by the Secretary of State in accordance with regulation 5(1)(b)(i) to (iii).

• (4) The third condition is that the Secretary of State is satisfied that it is reasonable to grant the extension.

• (5) The fourth condition is that the Secretary of State is satisfied that due to special circumstances it was not practicable for the application for revision to be made within the time limit specified in regulation 5(1)(b)(i) to (iii) (revision on any grounds).

• (6) In determining whether it is reasonable to grant an extension of time, the Secretary of State must have regard to the principle that the greater the amount of time that has elapsed between the end of the time limit specified in regulation 5(1)(b)(i) to (iii) (revision on any grounds) and the date of the application, the more compelling should be the special circumstances on which the application is based.

• (7) An application under this regulation which has been refused may not be renewed.

Consideration of revision before appeal

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• (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 1998 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 1998 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 that Act.

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

• (a) of the time limit under regulation 5(1) (revision on any grounds) 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”), the person may, within one month of the date of notification of the decision, request that the Secretary of State provide written reasons.

• (4) Where written reasons are requested under paragraph (3)(b), the Secretary of State must provide that statement 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 1998 Act.

CHAPTER 2 — REVISION ON SPECIFIC GROUNDS

Introduction

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A decision of the Secretary of State under section 8 or 10 of the 1998 Act may be revised at any time by the Secretary of State in any of the cases and circumstances set out in this Chapter.

Official error, mistake etc.

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A decision may be revised where the decision—

• (a) arose from official error; or

• (b) was made in ignorance of, or was based on a mistake as to, some material fact and as a result is more advantageous to a claimant than it would otherwise have been.

Decisions against which no appeal lies

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A decision may be revised where the decision is one which is—

• (a) specified in Schedule 2 (decisions against which no appeal lies) to the 1998 Act; or

• (b) prescribed by regulation 50(2) (decisions which may or may not be appealed).

Decisions where there is an appeal

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• (1) A decision may be revised where there is an appeal against the decision within the time prescribed by the Tribunal Procedure Rules but the appeal has not been decided.

• (2) Where—

• (a) the Secretary of State makes a decision under section 8 or 10 of the 1998 Act or such a decision is revised under section 9(1) of the 1998 Act (“decision A”);

• (b) the claimant appeals against decision A;

• (c) after the appeal has been made, but before it results in a decision by the First-tier Tribunal, the Secretary of State makes another decision (“decision B”) which—

• (i) supersedes decision A; or

• (ii) decides a further claim by the claimant;

• (d) after the making of decision B, the First-tier Tribunal makes a decision on the appeal (“decision C”); and

• (e) the Secretary of State would have made decision B differently if, at the time, the Secretary of State had been aware of decision C,

the Secretary of State may revise decision B.

Award of another benefit

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Where—

• (a) the Secretary of State makes a decision to award a benefit to a claimant (“the original award”); and