Regulation 69 Review of determinationsI1
England, Wales and Scotland
F1Subject to paragraph (1A), 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 the determination was based on a mistake as to the law.
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), F3except in the case of a question to which paragraph (1A) 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 within 14 days of receiving the representations or as soon as reasonably practicable thereafter.
Subject to paragraph (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 59 (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 62(16) (back dating of late claims), 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 62(16) 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 regulation 67(2) (notifications of determinations) 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 council tax benefit payable or to increase the amount of benefit 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 47 (treatment of student loans) applies.
Regulations 67 to 69 shall apply to the revision of any determination as they apply to a determination.
Annotations
Textual amendments
- F1
Words in reg. 69(1) inserted (25.5.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/1150), regs. 1(1), 5(2)(a)
- F2
Reg. 69(1A) inserted (25.5.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/1150), regs. 1(1), 5(2)(b)
- F3
Words in reg. 69(2) inserted (25.5.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/1150), regs. 1(1), 5(2)(c)