The Social Security (Claims and Payments) Regulations 1987

Suspension

37.—(1) Subject to paragraph (3), where it appears to the Secretary of State that a question has arisen in relation to a person’s entitlement to benefit or to payment of that benefit, he may direct that payment of that benefit shall be suspended, wholly or in part, pending the determination of that question on review, appeal or reference.

(2) Where it appears to the Secretary of State that a question has arisen whether any amount paid or payable to a person by way of, or in connection with a claim for, benefit is recoverable under section 27 or 53 of the Social Security Act 1986, or regulations made under either section, he may direct that any payment of arrears of benefit to that person shall be suspended, in whole or in part, pending determination of that question.

(3) The Secretary of State may direct that payment of benefit under a decision of a social security appeal tribunal be suspended during any period when consideration is being given whether an appeal should be made to a Commissioner.

(4) A suspension of benefit under paragraph (3) shall cease at the expiry of the period of one month from the date on which notice of the tribunal’s decision was given to the adjudication officer unless within that period the claimant is given notice in writing that an application for leave to appeal to a Commissioner has been made; but if notice of such an application is given the suspension may continue until the application and any consequent appeal have been determined.