The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2008

Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

4.—(1) The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001(1) are amended as follows.

(2) In regulation 11 (cases where a relevant authority may suspend) after paragraph (2) add—

“(3) For the purposes of paragraph 13(3)(c) of Schedule 7 to the Act the prescribed circumstances are that a decision of an appeal tribunal, a Commissioner or a court has been made and the relevant authority—

(a) is waiting to receive that decision, or in the case of an appeal tribunal decision, is considering whether to apply for a statement of reasons for it, or has applied for such a statement and is waiting to receive it; or

(b) has received that decision or, in the case of an appeal tribunal decision, the statement of reasons for it, and is considering whether to apply for leave to appeal, or where leave to appeal has been granted, is considering whether to appeal,

and the relevant authority shall as soon as reasonably practicable give written notice of its intention to apply for a statement of the reasons for a tribunal decision, to apply for leave to appeal, or to appeal.”.

(3) In regulation 21(death of a party to an appeal) after paragraph (3) insert—

“(4) For the purposes of this regulation only, “appeal” means an appeal to an appeal tribunal, a Commissioner or a court.”.

(1)

S.I. 2001/1002.