Regulation 61 Procedure on revision or supersession of a previously determined variation
Subject to paragraph (2), where the Secretary of State has received an application under section 16 or 17 of the 1991 Actf1 in connection with a previously determined variation which has effect on a maintenance calculation in force, regulations 58 to 60 apply in relation to that application as if it were an application for a variation that had not been rejected after preliminary consideration.
The Secretary of State need not act in accordance with regulation 59(1) (procedure in relation to a variation) if—
were the application to succeed, the decision as revised or superseded would be less advantageous to the applicant than the decision before it was so revised or superseded; or
it appears to the Secretary of State that representations of the other party would not be relevant to the decision.
Annotations
Footnotes
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Section 16 was substituted by section 40 of the Social Security Act 1998 (c. 14); subsections (1A) and (1B) were inserted by section 8(1) and (3) of the 2000 Act and subsection (1A) was amended by Schedule 8 to the 2008 Act and by S.I. 2008/2833; section 17 was substituted by section 41 of the Social Security Act 1998; subsection (1) was substituted by section 41 of the Social Security Act 1998 and amended by section 9(1) and (2) of, and Schedule 9 to, the 2000 Act, Schedule 8 to the 2008 Act, and S.I. 2008/2833; subsections (2) and (3) were substituted by section 17 of the 2008 Act. Section 17(4) and (4A) were substituted by section 9(1) and (3) of the 2000 Act.