Regulation 16 Date as from which superseding decisions take effect

(1)

This regulation prescribes cases or circumstances in which a superseding decision shall take effect as from a prescribed date other than the date on which it was made or, where applicable, the date on which the application for it was made.

(2)

If a superseding decision is made on the basis that—

(a)

there has been a relevant change of circumstances since the decision to be superseded had effect; or

(b)

it is anticipated there will be such a change,

it shall take effect as from the earliest date prescribed by paragraphs (3) to (8).

(3)

In any case where the superseding decision is advantageous to the claimant and notification of the change was given in accordance with any enactment or subordinate legislation under which that notification was required, the date prescribed by this paragraph is—

(a)

if the notification was given within one month of the change occurring or such longer period as may be allowed under regulation 17, the date the change occurred or, if later, the first date on which the change has effect; or

(b)

if the notification was given after the period mentioned in sub-paragraph (a), the date of notification of the change.

(4)

In any case where the superseding decision is advantageous to the claimant and is made on the Board’s own initiative, the date prescribed by this paragraph is the date on which the Board commenced action with a view to the supersession.

(5)

In any case where the superseding decision is not advantageous to the claimant, the date prescribed by this paragraph is the date of the change.

(6)

Decisions which are advantageous to claimants include those mentioned in regulation 27(5).

(7)

If—

(a)

the Board supersede a decision made by an appeal tribunal or a Commissioner in accordance with paragraph (i) of regulation 13(2)(c); and

(b)

as a result of the ignorance or mistake referred to in that paragraph, the decision to be superseded was more advantageous to the claimant than it would otherwise have been,

the superseding decision shall take effect as from the date on which the decision of the appeal tribunal or the Commissioner took, or was to take, effect.

(8)

If the Board supersede a decision made by an appeal tribunal or a Commissioner in accordance with paragraph (ii) or (iii) of regulation 13(2)(c), the superseding decision shall take effect as from the date on which it would have taken effect had it been decided in accordance with the determination of the Commissioner or the court in the appeal referred to in section 26(1)(b) or Article 26(1)(b).

(9)

If a superseding decision is made in consequence of a decision which is a relevant determination for the purposes of section 27^f1 or Article 27, it shall take effect as from the date of the relevant determination.

(10)

If the Board supersede a decision in accordance with sub-paragraph (e) of regulation 13(2), the superseding decision shall take effect as from the date on which entitlement arises—

(a)

to the other relevant benefit referred to in paragraph (ii) of that sub-paragraph; or

(b)

to an increase in the rate of that benefit.

Annotations

Footnotes

f1: Section 27 was amended by paragraph 9 of Schedule 1 to the State Pension Credit Act 2002.