Regulation 5 Amendment of regulation 69 of the Adjudication Regulations

Regulation 69 of the Adjudication Regulations (review in income support cases) shall be amended in accordance with the following provisions of this regulation.

For paragraph (3) there shall be substituted the following paragraphs–

“(3)

Section 64A of the 1986 Act^f1, (which relates to the effect of alterations in the component rates of income support) shall not apply to any award of income support in force in favour of a person where there is applicable to that person–

(a)

any amount determined in accordance with regulation 17(2) to (7) of the Income Support (General) Regulations 1987^f2; or

(b)

any protected sum determined in accordance with Schedule 3A or 3B of those Regulations^f3; or

(c)

any transitional addition, personal expenses addition or special transitional addition applicable under Part II of the Income Support (Transitional) Regulations 1987 (transitional protection)^f4.

(3A)

Where section 64A of the 1986 Act does not apply to an award of income support by virtue of paragraph (3), that award 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 made by an order under section 63 of the 1986 Act.”.

In paragraph (4)(c) the words“and paragraph (3) shall not apply in any such case” shall be omitted.