Supersessions

Legislation
Guidance
Case law

The rules for supersession are set out in section 10 of the Social Security Act 1998 and the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (SI.No.381/2013).

NB: See below for equivalent legislation in Northern Ireland.

Grounds for supersession	Regulation 23 of SI.No.381/2013	Provides for supersession on grounds of change of circumstances.
	Regulation 24(a) of SI.No.381/2013	Provides for supersession on grounds of error of law.
	Regulation 24(b) of SI.No.381/2013	Provides for supersession on grounds of mistake about or ignorance of facts.
	Regulation 25 of SI.No.381/2013	Provides for supersession on grounds that the original decision is a decision with no right of appeal.
	Regulation 26(a) of SI.No.381/2013	Provides for supersession on grounds that medical evidence has been received from a healthcare professional.
	Regulation 26(b) of SI.No.381/2013	Provides for supersessions in cases of a determination that claimant is to be treated as having LCW or LCWRA.
Applications for supersession	Regulation 32 of SI.No.381/2013	Sets out when decision may not be superseded.
	Regulation 33 of SI.No.381/2013	Sets out the procedure for making a supersession application and time limits for providing further information if requested.
	Section 10(2) of the Social Security Act 1998	Provides that a decision maker need not consider issues not raised in an application.
Effective dates	Regulation 34 of SI.No.381/2013	Sets out effective dates for supersessions including for advantageous and disadvantageous decisions, cases of late notification of changes, and tribunal cases.
	Paragraphs 20 to 30 of Schedule 1 of SI.No.381/2013	Further provisions for effective dates and assessment periods in universal credit for change of circumstances supersessions.
	Paragraph 31 of Schedule 1 of SI.No.381/2013	Includes provisions for effective dates following award of qualifying benefit or a change in legislation.

In Northern Ireland, SR.No.221/2016 makes provision in relation to payments that is largely equivalent to that in Great Britain.

Further explanation of the legislation is set out in guidance. Please note, however, guidance is not binding and cannot override the legislation.

Advice for decision making	Chapter A4	Includes guidance on supersession under universal credit.

Case law provides further interpretation of the legislation and establishes legal precedent.

We’re not aware of any case law relating to this issue.