Regulation 67 Review of determinationsI1
England, Wales and Scotland
F1Subject to F2paragraphs (1A) and (1B), any determination or decision of a Review Board may be reviewed at any time by the appropriate authority if–
there has been any relevant change of circumstances since the determination or decision was made; or
the authority is satisfied and, in the case of a decision, satisfied by fresh evidence, that the determination or decision was made in ignorance of, or was based on a mistake as to, some material fact; or
except in the case of a decision made by a Review Board, it is satisfied that that determination was based on a mistake as to the law.
Where the change of circumstances is a reduction of the appropriate authority’s personal community charge in consequence of the Community Charges (General Reduction) Act 1991, the authority shall review all determinations or decisions of a Review Board awarding benefit in respect of that charge before the reduction was made under that Act and shall determine the benefit due in respect of the reduced amount of the charge in each case.
In paragraph (1)(c) the expression “a mistake as to the law” shall not include any question as to whether, in making any provision in a regulation or Order, the Secretary of State went beyond the powers exercisable by him.
Notwithstanding paragraph (1), F5except in the case of a question to which paragraph (1B) refers, if a person makes written representations to an authority concerning a determination which it makes in relation to him within 6 weeks of the date of notification to him of the determination, the authority shall review the determination in the light of those representations F6within 14 days of receiving the representations or as soon as reasonably practicable thereafter.
Subject to F7paragraph (5), where a determination is revised on review, the determination as revised shall have effect–
in a case to which paragraph (1)(a) applies, from the date on which the relevant change of circumstances is to have effect, in accordance with regulation 56 (date on which change of circumstances is to take effect);
in a case to which paragraph (1)(b) or (c) or (2) applies, in place of the original determination;
in the case of a determination under regulation 60(18) (time and manner in which claims are to be made), not to allow a claim to be treated as made on a date earlier than it was made, which is revised in favour of the claimant, from the date on which in accordance with regulation 60(18) that claim is treated as made.
For the purposes of calculating the period of 6 weeks mentioned in paragraph (2) no account shall be taken of any period beginning with the receipt by an authority of a request for a statement under F8regulation 65(3) (requests for statement of reasons) and ending with the provision to that person of that statement.
Except as provided by paragraph (3)(c) a determination or decision shall not be revised upon review so as to make community charge benefits payable or to increase the amount of benefits payable in respect of any period which is more than 52 weeks before–
where written representations were made in accordance with paragraph (2), the date on which those written representations were made; or
in any other case, the date on which the determination was revised.
Notwithstanding paragraph (1)(a), a determination or a decision shall not be reviewed where the change of circumstances is the repayment of a loan to which regulation 42A (treatment of student loans) applies.
Regulations F1065 to 67 shall apply to the revision of any determination as they apply to a determination.
Annotations
Textual amendments
- F1
Words in reg. 67(1) inserted (1.4.1991) by The Community Charge Benefits (General) Amendment (No. 2) Regulations 1991 (S.I. 1991/849), regs. 1(1), 5(a)
- F2
Words in reg. 67(1) substituted (25.5.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/1150), regs. 1(1), 4(2)(a)
- F3
Reg. 67(1A) inserted (1.4.1991) by The Community Charge Benefits (General) Amendment (No. 2) Regulations 1991 (S.I. 1991/849), regs. 1(1), 5(b)
- F4
Reg. 67(1B) inserted (25.5.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/1150), regs. 1(1), 4(2)(b)
- F5
Words in reg. 67(2) inserted (25.5.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/1150), regs. 1(1), 4(2)(c)
- F6
Words in reg. 67(2) added (5.10.1992) by The Housing Benefit and Community Charge Benefits (Miscellaneous Amendments) Regulations 1992 (S.I. 1992/432), regs. 1(1)(d), 28(2)
- F7
Words in reg. 67(3) substituted (6.4.1992) by The Housing Benefit and Community Charge Benefits (Miscellaneous Amendments) Regulations 1992 (S.I. 1992/432), regs. 1(1)(c), 28(3)
- F8
Words in reg. 67(4) substituted (6.4.1992) by The Housing Benefit and Community Charge Benefits (Miscellaneous Amendments) Regulations 1992 (S.I. 1992/432), regs. 1(1)(c), 28(4)
- F9
Reg. 67(5A) inserted (1.9.1990) by The Social Security Benefits (Student Loans and Miscellaneous Amendments) Regulations 1990 (S.I. 1990/1549), regs. 1(1)(a), 2(6)
- F10
Words in reg. 67(6) substituted (6.4.1992) by The Housing Benefit and Community Charge Benefits (Miscellaneous Amendments) Regulations 1992 (S.I. 1992/432), regs. 1(1)(c), 28(5)
Modifications
- C1
Reg. 67(2) modified (30.8.1989) by The Community Charge Benefits (Transitional) Order 1989 (S.I. 1989/1322), arts. 1(1), 5(1)