# The Social Security (Adjudication) Regulations 1995, Regulation 17: Questions for determination by the Secretary of State

Extent: E+W+S

(1) It shall be for the Secretary of State to determine—
(a) a question whether—
(i) an increase of disablement pension under section 104 of the Contributions and Benefits Act (constant attendance), or
(ii) a further increase under section 105 of the Contributions and Benefits Act (exceptionally severe disablement), is to be granted or renewed and, if so, for what period and of what amount;
(b) a question how the limitations under Part VI of Schedule 7 to the Contributions and Benefits Act on the benefit payable in respect of any death are to be applied in the circumstances of any case.
(c) a question arising under Regulations made under section 7 of the Administration Act (claims in the alternative or in addition).
(2) The Secretary of State may review any determination given by him on any question referred to in paragraph (1) if—
(a) new facts have been brought to his notice, or
(b) he is satisfied that the determination—
(i) was given in ignorance of some material fact,
(ii) was based on a mistake as to some material fact, or
(iii) was erroneous in point of law.
(3) A decision of the Secretary of State on a question under section 70(7) of the Contributions and Benefits Act or on any question which by virtue of regulations falls to be determined by the Secretary of State in his discretion may be given so as to have effect with respect to a period before the date of the decision; and he may at any time and from time to time reconsider the exercise of his discretion with respect to such a question and decide it again with such other effects as may seem to him to be proper in the circumstances of the case.

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Source: https://www.legislation.gov.uk/uksi/1995/1801/regulation/17 (the official version)
Page: https://openlegislation.uk/social-security-adjudication-regulations-1995/regulation-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.