{
  "url": "https://openlegislation.uk/draft-child-benefit-and-guardians-allowance-decisions-and-appeals-regulations-2003/regulation-13",
  "json_url": "https://openlegislation.uk/draft-child-benefit-and-guardians-allowance-decisions-and-appeals-regulations-2003/regulation-13.json",
  "legislation": "ukdsi/2003/0110451058",
  "legislation_title": "The Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003",
  "legislation_url": "https://openlegislation.uk/draft-child-benefit-and-guardians-allowance-decisions-and-appeals-regulations-2003",
  "path": "regulation/13",
  "kind": "regulation",
  "number": "13",
  "heading": "Cases and circumstances in which superseding decisions may be made",
  "text": "(1) Subject to regulation 15, the Board may make a decision under section 10 or Article 11 (“a superseding decision”), either on their own initiative or on an application received by them at an appropriate office, in any of the cases and circumstances prescribed by paragraph (2).\n(2) The cases and circumstances prescribed by this paragraph are cases and circumstances where the decision to be superseded is—\n(a) a decision in respect of which—\n(i) there has been a relevant change of circumstances since it had effect; or\n(ii) it is anticipated that there will be such a change;\n(b) a decision (other than one to which sub-paragraph (d) refers)—\n(i) which was erroneous in point of law, or was made in ignorance of, or was based upon a mistake as to, some material fact; and\n(ii) in relation to which an application for a superseding decision was received by the Board, or a decision by the Board to act on their own initiative was taken, more than one month after the date of notification of the decision to be superseded or after the expiry of such longer period of time as may have been allowed under regulation 6;\n(c) a decision of an appeal tribunal or a Commissioner which—\n(i) was made in ignorance of, or was based upon a mistake as to, some material fact;\n(ii) in a case to which subsection (5) of section 26 applies, was dealt with in accordance with subsection (4)(b) of that section; or\n(iii) in a case to which paragraph (5) of Article 26 applies, was dealt with in accordance with paragraph (4)(b) of that Article;\n(d) a decision—\n(i) specified in Schedule 2 to the 1998 Act;\n(ii) specified in Schedule 2 to the 1998 Order; or\n(iii) prescribed by regulation 25 (decisions against which no appeal lies); or\n(e) a decision where—\n(i) the claimant has been awarded entitlement to child benefit or guardian’s allowance; and\n(ii) subsequent to the first day of the period to which that entitlement relates, the claimant or a member of his family becomes entitled to, or to an increase in the rate of, another relevant benefit.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2003/0110451058/regulation/13",
    "retrieved_at": "2026-10-30T15:25:26.437813+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}