The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005

JurisdictionUK Non-devolved
  • These Regulations may be cited as the Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 and shall come into force on 18th March 2005.
  • (1) The Social Security and Child Support (Decisions and Appeals) Regulations 1999 after paragraph (7) the Secretary of State makes a decision under section 8 or 10 awarding income support or state pension credit to a claimant (“the original award”) ;the claimant has a non-dependant within the meaning of regulation 3 of the Income Support Regulations or a person residing with him within the meaning of paragraph 1(1) (a) (ii) , (b) (ii) or (c) (iii) of Schedule I to the State Pension Credit Regulations (“the non-dependant”) ;a severe disability premium would be applicable to the claimant under regulation 17(1) (d) of the Income Support Regulations; or an additional amount would be applicable to the claimant as a severe disabled person under regulation 6(4) of the State Pension Credit Regulations; andis for a period which includes the date on which the original award took effect; and is such that a severe disability premium becomes applicable to the claimant under paragraph 13(3) (a) of Schedule 2 to the Income Support Regulations or an additional amount for severe disability becomes applicable to him under paragraph 2(2) (a) of Schedule I to the State Pension Credit Regulations,after paragraph (7A) A decision under regulation 22A Where a person's entitlement to income support is terminated because of a determination that he is not incapable of work and he subsequently appeals the decision that embodies that determination and is entitled to income support under regulation 22A of the Income Support Regulations, the decision to terminate entitlement may be revised.in paragraph (9) (a) (3) In regulation 4 if the statement is provided within one month of the notification, an additional 14 days; orif it is provided after the elapse of a period after the one month ends, the length of that period and an additional 14 days.in paragraph (2) (a) (i) after paragraph (2) (e) is an original award within the meaning of regulation 3(7ZA) and sub-paragraphs (a) to (c) and (d) (ii) of regulation 3(7ZA) apply but not sub-paragraph (d) (i) ;after paragraph (2) (m) is a decision by an appeal tribunal confirming a decision by the Secretary of State terminating a claimant's entitlement to income support because he no longer falls within the category of person specified in paragraph 7 of Schedule 1B to the Income Support Regulations (persons incapable of work) and a further appeal tribunal subsequently determines that he is incapable of work.omit paragraph (6) (b) (person in receipt of income support or a jobseeker's allowance temporarily absent from a nursing home or residential care home) .in paragraph (2) after paragraph (6) insert—
    • (6A) Where—
    • (a) there is a decision which is a relevant determination for the purposes of section 27 and the Secretary of State makes a benefit decision of the kind specified in section 27(1) (b) ;
    • (b) there is an appeal against the determination;
    • (c) after the benefit decision payment is suspended in accordance with regulation 16(1) and (3) (b) (ii) ; and
    • (d) on appeal a court, within the meaning of section 27, reverses the determination in whole or in part,
    • a consequential decision by the Secretary of State under section 10 which supersedes his earlier decision under sub-paragraph (a) shall take effect from the date on which the earlier decision took effect.
    there is a decision which is a relevant determination for the purposes of section 27 and the Secretary of State makes a benefit decision of the kind specified in section 27(1) (b) ;there is an appeal against the determination;after the benefit decision payment is suspended in accordance with regulation 16(1) and (3) (b) (ii) ; andon appeal a court, within the meaning of section 27, reverses the determination in whole or in part,in paragraph (7) after paragraph (33) A decision which supersedes a decision specified in regulation 6(2) (n) shall take effect from the effective date of the Secretary of State's decision to terminate income support which was confirmed by the decision specified in regulation 6(2) (n) .(6) In regulation 28 (notice of decision against which appeal lies) , in paragraph (2) after “request” add “ or as soon as practicable afterwards. ”.(7) In regulation 30 (appeal against a decision which has been replaced or revised) , in paragraph (2) after sub-paragraph (d) add—
    • (dd) it reverses a decision under section 29(2) that an accident is not an industrial accident;
    .
    it reverses a decision under section 29(2) that an accident is not an industrial accident;(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(19) In Chapter V of Part V, after regulation 58 insert—
      (58A) Appeal to a Commissioner by a partnerA 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 a Commissioner under section 14 from a decision of an appeal tribunal in respect of a decision specified in section 2B(2A) and (6) of the Administration Act.
    A partner within the meaning of section 2AA(7) of the Administration Act (20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in the Schedule heading for “on which change of circumstances takes effect in certain cases” substitute “ from which superseding decision takes effect ”,omit paragraphs 3(c) and 8(c) (cases where the claimant or his partner enters a nursing home or residential care home for not more than 8 weeks) ,in sub-paragraph (a) after “change of circumstances” insert “ or change specified in paragraphs 12 and 13 ”, andin sub-paragraph (b) after “prescribed in” insert

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