Regulation 12 Amendment of the Social Security and Child Support (Decisions and Appeals) RegulationsI1

after paragraph (5C) insert—

“(5D)

A decision by the Department under Article 9 or 11 awarding an employment and support allowance may be revised at any time if—

(a)

it incorporates a determination that the conditions in regulation 30 of the Employment and Support Allowance Regulations are satisfied;

(b)

the condition referred to in sub-paragraph (a) was not satisfied at the time when the claim was made; and

(c)

there is a period before the award which falls to be decided.”.

after paragraph (5F)^f2 insert—

“(5G)

Where—

(a)

a person’s entitlement to an employment and support allowance is terminated because of a decision which embodies a determination that the person does not have limited capability for work;

(b)

the person appeals that decision to the appeal tribunal;

(c)

before or after that decision is appealed by the person, that person claims and there is a decision to award–

(i)

income support, or

(ii)

jobseeker’s allowance; and

(d)

the decision referred to in sub-paragraph (a) is successfully appealed,

the decision to award income support or jobseeker’s allowance may be revised.

(5H)

Where—

(a)

a conversion decision within the meaning of regulation 5(2)(b) of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations 2010^f3 (deciding whether an existing award qualifies for conversion) is made in respect of a person;

(b)

the person appeals that decision to the appeal tribunal;

(c)

before or after that decision is appealed by the person, that person claims and there is a decision to award–

(i)

income support, or

(ii)

jobseeker’s allowance; and

(d)

the decision referred to in sub-paragraph (a) is successfully appealed,

the decision to award income support or jobseeker’s allowance may be revised.”.