§ Dr. IddonTo ask the Secretary of State for Social Security if section 10 of the Social Security Act 1998 and Regulation 7(c)(ii) of the Social Security (Decision and Appeals) Regulations 1999, which allows supersession at a later date of an original decision to award Disability Living Allowance when it is believed there has been a change of circumstance, can be applied following an appeal tribunal decision that has found in favour of the claimant using the same evidence available for the same period of time. [105175]
§ Angela EagleYes.
The Secretary of State is empowered by section 10 of the Social Security Act 1998 and regulation 6 of the Social Security and Child Support (Decisions and Appeals) Regulation 1999 to supersede both his own decisions and those of appeal tribunals. Regulation 7(2)(c)(ii) allows, for instance in Disability Living Allowance, a superseding decision to be effective from the date the Secretary of State is satisfied a disadvantageous change of circumstances took place.
Where a tribunal finds in favour of an appellant, but in doing so does not (or is unable to) consider the available evidence, the Secretary of State may subsequently supersede on the basis of that same evidence. There is, of course, a further right of appeal against this new decision.