OpenLegislation

Regulation 5 Revision of decisions within a prescribed period or on an application

Original text. Later amendments are not shown.

(1)

Subject to paragraph (3), if the conditions specified in paragraph (2) are satisfied—

(a)

a decision under section 8f1 or 10f2 may be revised by the Board under section 9; and

(b)

a decision under Article 9f3 or 11f4 may be revised by them under Article 10.

(2)

The conditions specified in this paragraph are that—

(a)

the Board commence action leading to the revision within one month of the date of notification of the decision; or

(b)

subject to regulation 6, an application for the revision was received by the Board at the appropriate office—

(i)

within one month of the date of notification of the decision;

(ii)

if a written statement of the reasons for the decision requested under regulation 26(1)(b) was provided within the period specified in paragraph (i), within 14 days of the expiry of that period; or

(iii)

if such a statement was provided after the period specified in paragraph (i), within 14 days of the date on which the statement was provided.

(3)

Paragraph (1) does not apply in respect of a relevant change of circumstances which occurred since the decision was made or where the Board have evidence or information which indicates that a relevant change of circumstances will occur.

Annotations

Footnotes

f1

The amendments to subsection (3) of section 8 have been noted previously. Subsections (1) and (5) of that section were amended by paragraph 22 of Schedule 7, and Part 1 of Schedule 10, to the Transfer Act 1999 and subsection (4) by paragraph 6(3) of Schedule 1 to the State Pension Credit Act 2002.

f2

Section 10 was amended by paragraph 23 of Schedule 7, and Part 1 of Schedule 10, to the Transfer Act 1999.

f3

The amendments to subsection (3) of Article 9 have been noted previously. Subsections (1) and (5) of that section were amended by paragraph 16 of Schedule 6, and Part 1 of Schedule 9, to the Transfer Order 1999.

f4

Article 11 was amended by paragraph 17 of Schedule 6, and Part 1 of Schedule 9, to the Transfer Order 1999.