Regulation 13 Amendment of regulation 65 of the Adjudication Regulations

In regulation 65 of the Adjudication Regulations (review of decisions involving payment or increase of benefit other than industrial injuries benefit, mobility allowance, income support of family credit)^f1—

(a)

in paragraph (1)—

(i)

for the words “mobility allowance” there shall be substituted the words “disability working allowance”,

(ii)

sub-paragraph (d) shall be omitted, and

(iii)

after sub-paragraph (e) there shall be added the following sub-paragraph—

“(f)

in the case of attendance allowance or disability living allowance, where the decision is reviewed—

(i)

under section 100A(1) of the 1975 Act and paragraph (ii) of this sub-paragraph does not apply, the date of claim,

(ii)

under section 100A(1) of the 1975 Act as that subsection is applied by sections 100B(2) and 104A(6) of that Act, three months before the date of the application for review made under section 100A(2) or (4) which preceded the application for review under section 100A(1),

(iii)

under section 100A(2) or (4) or section 104A of that Act, three months before the date of the application for review,”;

(b)

in paragraph (2), for the words “paragraphs (3) and (4)” there shall be substituted the words “paragraphs (3), (4) and (4A)”;

(c)

in paragraph (3), the word “or” shall be omitted from the end of sub-paragraph (a)(ii) and sub-paragraph (a)(iii) shall be omitted;

(d)

in paragraph (4), after the words “in any case” there shall be inserted the words “other than a case to which paragraph (4A) applies”;

(e)

after paragraph (4) there shall be inserted the following paragraphs—

“(4A)

In any case relating to attendance allowance or disability living allowance in which the review to which the foregoing provisions of this regulation relate was based on a relevant change of circumstances to which this paragraph applies subsequent to the date from which the original decision took effect, the decision on review shall not have effect for any period before—

(a)

the date declared by the adjudicating authority making the review to be the date on which that change took place, or

(b)

if more than one change has taken place between the date from which the original decision took effect and the date of the application for review, the date declared by the adjudicating authority making the review to be the date on which the most recent change tool place, or

(c)

the date 3 months before the date of the application for review,

whichever is the later.

(4B)

Paragraph (4A) applies only to a relevant change of circumstances which relates to a deterioration in a person’s physical or mental condition.

(4C)

Where a claim for an attendance allowance or a disability living allowance has been refused and either—

(a)

an application for review of the decision is made under section 100A(1) of the 1975 Act; or

(b)

a further claim for an attendance allowance or a disability living allowance is made within the period prescribed under section 100A(1) and is accordingly treated as an application for review in accordance with section 100A(12) of the 1975 Act

then, if that review results in an award of an attendance allowance or a disability living allowance, the decision on review shall have effect from the date specified in paragraph (4D).

(4D)

The date referred to in paragraph (4C) is such date as may be specified in the decision on review being a date not later than—

(a)

in the case of an attendance allowance, 6 months; and

(b)

in the case of a disability living allowance, 3 months

after the date on which the application for review is made or the further claim is made which ever is appropriate.”.

Annotations

Footnotes

f1: Relevant amending instrument is S.I. 1987/1970.