Regulation 63 Review in income support casesI1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 63(7)-(11) inserted by Social Security (Income Support, Claims and Payments and Adjudication) 1995 reg. 2
reg. 63(7)-(10) substituted for reg. 63(7)-(11) by Social Security (Claims and Payments and Adjudication) 1996 reg. 8
reg. 63(4)(a) omitted by Social Security (Adjudication) 1996 reg. 2(5)
reg. 63(7) words inserted by Social Security 1997 reg. 4(a)
reg. 63(1)(b) word added by Social Security (Claims and Payments and Adjudication) 1997 reg. 3(2)
reg. 63(1)(c) added by Social Security (Claims and Payments and Adjudication) 1997 reg. 3(2)
reg. 63(1A)(a)(b) substituted by Social Security (Claims and Payments and Adjudication) 1997 reg. 3(3)
reg. 63(1B) inserted by Social Security (Claims and Payments and Adjudication) 1997 reg. 3(4)
reg. 63(1) words inserted by Social Security 1997 reg. 13(2)(a)
reg. 63(1) words substituted by Social Security 1997 reg. 13(2)(b)
reg. 63(1A) inserted by Social Security 1997 reg. 13(3)

(1)

Except in a case to which regulation 57(2) or (3) or regulation 58 applies, a determination on a claim or question relating to income support shall not be revised on review under section 25 of the Administration 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) above 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)

Section 159 of the Administration Act (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 Regulations^f1; or

(b)

any protected sum determined in accordance with Schedule 3A or 3B of those Regulations^f2; 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)^f3.

(3)

Where section 159 of the Administration Act does not apply to an award of income support by virtue of paragraph (2), 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 150 of the Administration 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 Regulations (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 56 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^f4 apply.

(5)

Where a claimant in receipt of income support, other than a claimant to whom Part II of Schedule 4 to the Income Support Regulations ^f5 applies, lives in a nursing home or residential care home and he is absent from the home for a period of less than one week, that absence shall not be treated as a relevant change of circumstances for the purposes of section 25(1)(b) and (c) of the Administration Act.

(6)

In paragraph (5), “nursing home” and “residential care home” have the same meanings as they have in regulation 19 of the Income Support Regulations^f6.

Annotations

Commencement

I1: Reg. 63 in force at 10.8.1995, see reg. 1(1)

Footnotes

f1: Relevant amending instruments are S.I. 1988/910, 1989/1678, 1991/387.
f2: Schedule 3A was inserted by S.I. 1988/1445; relevant amending instruments are S.I. 1988/2022, 1989/534, 1648, 1990/547, 2324, 1991/1559, 1992/1326. Schedule 3B was inserted by S.I. 1989/534; relevant amending instruments are S.I. 1989/1678, 1990/547, 2324, 1991/1559, 1992/1326.
f3: S.I. 1987/1969; relevant amending instruments are S.I. 1988/521, 670, 1989/1626, 2340, 1990/2324, 1991/387, 1600, 1992/1326.
f4: S.I. 1987/1969; relevant amending instruments are S.I. 1988/521, 670, 1989/1626, 2340, 1990/2324, 1991/387, 1600, 1992/1326.
f5: Relevant amending instruments are S.I. 1988/663, 1991/1559, 1992/468.
f6: Relevant amending instruments are S.I. 1988/663, 1445, 2022, 1989/1678, 1991/1033, 1992/3147, 1993/2119.