# The Social Security (Adjudication) Amendment (No. 2) Regulations 1987, Regulation 10: Amendment of regulation 69


For regulation 69 there shall be substituted the following regulation —
“Review in income support cases
69 (1) Subject to regulation 72, a determination on a claim or question relating to income support shall not be revised on review under section 104 of the 1975 Act so as to make income support payable or to increase the amount of income support payable in respect of —
(a) any period which falls more than 12 months before the date on which the review was requested or, where no request is made, the date of the review; or
(b) any past period which falls within the period of 12 months mentioned in sub-paragraph (a) and has been followed by termination or interruption of entitlement to income support and —
(i) the total amount of the increase would be £5 or less, or
(ii) the grounds for review are a material fact or relevant change of circumstances of which the claimant was aware but of which he previously failed to furnish information to the Secretary of State.
(2) A change mentioned in paragraph 7(8) of Schedule 3 to the Income Support (General) Regulations 1987 (fall in interest rates or reduction of outstanding loan capital) shall be deemed not to be a change of circumstances if the amount of the instalments payable to the lender remains constant but, in such a case, where a determination is subsequently reviewed under section 104(1)(b) of the 1975 Act, that review shall also take account of any such change.
(3) A determination relating to income support made by an adjudicating authority or a Commissioner may be reviewed by an adjudication officer or, on a reference by him, by an appeal tribunal for the sole purpose of giving effect to any change in —
(a) any amount specified in Schedules 2 to 7 of the Income Support (General) Regulations 1987;
(b) the prescribed rate of any payment —
(i) under the Child Benefit Act 1975, the 1975 Act or Part II of the 1986 Act as it applies to family credit, or
(ii) made by virtue of any scheme made under the Industrial Injuries and Diseases (Old Cases) Act 1975, or
(iii) of a war disablement pension or war widow’s pension as defined in section 84(1) of the 1986 Act,
but any such change shall be deemed not to be a change of circumstances for the purposes of section 104 of the 1975 Act.
(4) A determination relating to income support made by an adjudicating authority or a Commissioner shall be reviewed by an adjudication officer or, on a reference by him, by an appeal tribunal where this is necessary to give effect to —
(a) regulation 22 of the Income Support (General) Regulations 1987 (reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualification); or
(b) a determination given on a question to which regulation 64 applies; or
(c) a change of circumstances to which regulation 14 (reduction and termination of transitional and personal expenses addition) and regulation 15 (special transitional addition) of the Income Support (Transitional) Regulations 1987 applies, and paragraph (3) shall not apply in any such case.”.

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Source: https://www.legislation.gov.uk/uksi/1987/1970/regulation/10 (the official version)
Page: https://openlegislation.uk/social-security-adjudication-amendment-no-2-regulations-1987/regulation-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.