{
  "url": "https://openlegislation.uk/social-security-act-1998-commencement-no-11-and-savings-and-consequential-and-transitional-provisions-order-1999/schedule-16/paragraph-3",
  "json_url": "https://openlegislation.uk/social-security-act-1998-commencement-no-11-and-savings-and-consequential-and-transitional-provisions-order-1999/schedule-16/paragraph-3.json",
  "legislation": "uksi/1999/2860",
  "legislation_title": "The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999",
  "legislation_url": "https://openlegislation.uk/social-security-act-1998-commencement-no-11-and-savings-and-consequential-and-transitional-provisions-order-1999",
  "path": "schedule/16/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": null,
  "text": "(1) Any application duly made before 18th October 1999 under Part II of the Administration Act for a review of a decision (other than a decision made on appeal) in relation to a relevant benefit which was not decided before that date shall on or after that date be treated as an application to the Secretary of State—\n(a) where the application is made—\n(i) within three months of the date on which the applicant was notified of the decision, or within such longer period as may be allowed under sub-paragraph (3) below; and\n(ii) other than on the ground of a relevant change of circumstances,\nfor a revision of that decision under section 9; or\n(b) in any other case, for a decision under section 10 to supersede that decision.\n(2) Any application duly made before 18th October 1999 under Part II of the Administration Act for a review of a decision made on appeal in relation to a relevant benefit shall on or after that date be treated as an application to the Secretary of State for a decision under section 10 to supersede that decision.\n(3) Subject to sub-paragraphs (4) and (5) below, the period of three months specified in sub-paragraph (1)(a) above may be extended where an application for such an extension is made before 18th November 2000 by a claimant or a person acting on his behalf containing—\n(a) the grounds on which an extension of time is sought; and\n(b) sufficient details of the decision to enable it to be identified.\n(4) An application for an extension of time shall not be granted under sub-paragraph (3) above unless the Secretary of State is satisfied that—\n(a) it is reasonable to grant that application;\n(b) the application for review has merit; and\n(c) special circumstances are relevant to the application for extension of time as a result of which it was not practicable for the application for review to be made within three months of the date of the adjudication officer’s decision being notified to the claimant.\n(5) In deciding whether to grant an extension of time no account shall be taken of the following factors—\n(a) that the claimant or any person acting for him misunderstood or was unaware of the law applicable to his case (including misunderstanding or being unaware of the period specified in sub-paragraph (1)(a) above); or\n(b) that a Commissioner or a court has taken a different view of the law from that previously understood and applied by the adjudication officer.\n(6) Where, by virtue of sub-paragraph (1)(b) or (2) above—\n(a) a decision is made under section 10 which is advantageous to the applicant; and\n(b) the same decision could have been made on a review prior to 18th October 1999,\nthat decision shall take effect from the date on which it would have taken effect had the decision been so made.\n(7) Notwithstanding regulation 7(9) of the Regulations, but subject to sub-paragraph (6) above, where in any case relating to attendance allowance or disability living allowance a decision is made under section 10, on the basis of a relevant change of circumstances which occurred before 18th October 1999 and the decision is advantageous to the claimant, the decision shall take effect from—\n(a) where the decision is made on the Secretary of State’s own initiative, the date of that decision;\n(b) in a case where the change is relevant to the question of entitlement to a particular rate of benefit and the claimant notifies the change before a date one month after he satisfies the conditions of entitlement to that rate or within such longer period as may be allowed under regulation 8 of the Regulations, the first pay day (as specified in Schedule 6 to the Claims and Payments Regulations) after he satisfied those conditions;\n(c) in a case where the change is relevant to the question of whether benefit is payable and the claimant notifies the change before a date one month after the change or within such longer period as may be allowed under regulation 8 of the Regulations, the first pay day (as specified in Schedule 6 to the Claims and Payments Regulations) after the change occurred; or\n(d) in any other case, the date of the application for the superseding decision.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1999/2860/schedule/16/paragraph/3",
    "retrieved_at": "2026-10-29T09:42:35.006706+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."
}