Regulation 21 Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

for paragraph 5^f1 (claims and payments) there shall be substituted the following paragraph—

“5

A decision, being a decision of the Secretary of State unless specified below as a decision of the Board, under the following provisions of the Claims and Payments Regulations—

(a)

regulation 4^f2 (decision of the Secretary of State or the Board as to making a claim for benefit);

(b)

regulation 4A(3)^f3 (sufficiency of a claim at office displaying the ONE logo if claim not on approved form);

(c)

regulation 6(4AA)^f4 (accepting properly completed claim for jobseeker’s allowance after claimant attends a place to make claim);

(d)

regulation 6(4AB)^f5 (accepting properly completed claim for jobseeker’s allowance up to one month after notification of intent to claim);

(e)

regulation 6(8) and (9)^f6 (specifying time for properly completing and submitting claim for disability living allowance or attendance allowance);

(f)

regulation 7^f7 (decision by the Secretary of State or the Board as to evidence and information required);

(g)

regulation 9^f8 and Schedule 1 (decision by the Secretary of State or the Board as to interchange of claims with claims for other benefits);

(h)

regulation 11^f9 (treating claim for maternity allowance as claim for incapacity benefit);

(i)

regulation 15(7)^f10 (approving form of particulars required for determination of retirement pension questions in advance of claim);

(j)

regulations 20 to 24^f11 (decision by the Secretary of State or the Board as to the time or manner of payments);

(k)

regulation 25(1)^f12 (intervals of payment of attendance allowance and disability living allowance where claimant is expected to return to hospital);

(l)

regulation 26^f13 (manner and time of payment of income support);

(m)

regulation 26A^f14 (time and intervals of payment of jobseeker’s allowance);

(n)

regulation 27(1) and (1A)^f15 (decision by the Board as to manner and time of payment of tax credits);

(o)

regulation 30^f16 (decision by the Secretary of State or the Board as to claims or payments after death of claimant);

(p)

regulation 30A^f17 (payment of arrears of joint-claim jobseeker’s allowance where nominated person can no longer be traced);

(q)

regulation 31^f18 (time and manner of payments of industrial injuries gratuities);

(r)

regulation 32^f19 (decision by the Secretary of State or the Board as to information to be given when obtaining payment of benefit);

(s)

regulation 33^f20 (appointments by the Secretary of State or the Board where person unable to act);

(t)

regulation 34^f21 (decision by the Secretary of State or the Board as to paying another person on the beneficiary’s behalf);

(u)

regulation 34A(1)^f22 (payment, out of benefit, of mortgage interest to qualifying lender);

(v)

regulation 35(2)^f23 (payment to third person of maternity expenses or expenses for heating in cold weather);

(w)

regulation 36^f24 (decision by the Secretary of State or the Board to pay partner as alternative payee);

(x)

regulation 38^f25 (decision by the Secretary of State or the Board as to the extinguishment of right to payment of sums by way of benefit where payment not obtained within the prescribed period, except a decision under paragraph (2A) (payment request after expiration of prescribed period));

(y)

regulations 42 to 46^f26 (mobility component of disability living allowance and disability living allowance for children);

(z)

regulation 47(2) and (3)^f27 (return of instruments of payment etc. to the Secretary of State or the Board).”; and

after paragraph 19 there shall be inserted the following paragraph—

“Loss of Benefit for Breach of Community Order

19A

A decision of the Secretary of State that a relevant benefit shall not be payable or shall be reduced in accordance with a determination of a court made under section 62(1) of the Child Support, Pensions and Social Security Act 2000^f28 where the only ground of appeal is that the court’s determination was made in error.”.