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F1 PART III E+W+S SUSPENSION, TERMINATION AND OTHER MATTERS

Textual Amendments

F1 Pts. II III IV revoked (7.4.2003 for specified purposes and with effect in accordance with reg. 1(2)) by The Child Benefit and Guardian s Allowance (Decisions and Appeals) Regulations 2003 (S.I. 2003/916) , regs. 1(1) , 34(a) (with reg. 35 )

CHAPTER IE+W+SSUSPENSION AND TERMINATION

Modifications etc. (not altering text)

Suspension in prescribed casesE+W+S

16.—(1) Subject to paragraph (2), the Secretary of State [F2or the Board] may suspend payment of a relevant benefit, in whole or in part, in the circumstances prescribed in paragraph (3).

(2) The Secretary of State shall suspend payment of a jobseeker’s allowance in the circumstances prescribed in paragraph (3)(a)(i) or (ii) where the issue or one of the issues is whether a person, who has claimed a jobseeker’s allowance, is or was available for employment or whether he is or was actively seeking employment.

(3) The prescribed circumstances are that—

(a)it appears to the Secretary of State [F3or the Board] that—

(i)an issue arises whether the conditions for entitlement to a relevant benefit are or were fulfilled;

(ii)an issue arises whether a decision as to an award of a relevant benefit should be revised under section 9 or superseded under section 10;

(iii) an issue arises whether any amount paid or payable to a person by way of, or in connection with a claim for, a relevant benefit is recoverable under section 71 (overpayments), 71A (recovery of jobseeker’s allowance: severe hardship cases M1 ) or 74 (income support and other payments) of the Administration Act or regulations made under any of those sections; or

(iv)the last address notified to him [F4or them] of a person who is in receipt of a relevant benefit is not the address at which that person is residing; or

(b)an appeal is pending against—

(i)a decision of [F5the First-tier Tribunal, the Upper Tribunal] or a court;

(ii)a decision given in a different case by [F6the Upper Tribunal] or a court, and it appears to the Secretary of State [F7or the Board] that, if the appeal were to be determined in a particular way, an issue would arise as to whether the award of a relevant benefit (whether the same benefit or not) in the case itself ought to be revised or superseded.

[F8(4) For the purposes of section 21(3)(c) an appeal is pending where a decision of [F9the First-tier Tribunal, the Upper Tribunal] or a court has been made and the Secretary of State—

(a)is awaiting receipt of that decision or (in the case of [F10a decision of the First-tier Tribunal]) is considering whether to apply for a statement of the reasons for it, or has applied for such a statement and is awaiting receipt thereof; or

(b)has received that decision or (in the case of [F11a decision of the First-tier Tribunal]) the statement of the reasons for it, and is considering whether to apply for [F12permission] to appeal, or, where leave to appeal has been granted, is considering whether to appeal;

and the Secretary of State shall give written notice of his proposal to make a request for a statement of the reasons for a tribunal decision, to apply for [F12permission] to appeal, or to appeal, as soon as reasonably practicable.]

Textual Amendments

F2 Words in reg. 16(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 12(2)

F3 Words in reg. 16(3)(a) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 12(3)(a)(i)

F4 Words in reg. 16(3)(a)(iv) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 12(3)(a)(ii)

F7 Words in reg. 16(3)(b) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 12(3)(b)

Marginal Citations

M1 Section 71A was inserted by section 18 of the Jobseekers Act 1995 (c.18) .

Provision of information or evidenceE+W+S

17.—[F13(1) This regulation applies where the Secretary of State requires information or evidence for a determination whether a decision awarding a relevant benefit should be—

(a)revised under section 9; or

(b)superseded under section 10.

(2) For the purposes of paragraph (1), the following persons must satisfy the requirements of paragraph (4)—

(a)a person in respect of whom payment of a benefit has been suspended in the circumstances prescribed in regulation 16(3)(a);

(b)a person who has made an application for a decision of the Secretary of State to be revised or superseded;

[F14(c)a person from whom the Secretary of State requires information or evidence under regulation 32(1) of the Claims and Payments Regulations;

(ca)a person from whom the Secretary of State requires documents, certificates or other evidence under regulation 24(5) or (5A) of the Jobseeker’s Allowance Regulations;]

(d) a person who qualifies for income support by virtue of paragraph 7 of Schedule 1B to the Income Support Regulations M2 ;

(e)a person whose entitlement to benefit is conditional upon his being, or being treated as, incapable of work.

[F15(f)a person whose entitlement to an employment and support allowance is conditional on his having, or being treated as having, limited capability for work.]

(3) The Secretary of State shall notify any person to whom paragraph (2) refers of the requirements of this regulation.

(4) A person to whom paragraph (2) refers must either—

(a)supply the information or evidence within—

[F16(i)a period of 14 days beginning with the date on which the notification under paragraph (3) was sent to him or such longer period as the Secretary of State allows in that notification; or]

(ii)such longer period as he satisfies the Secretary of State is necessary in order to enable him to comply with the requirement; or

(b)satisfy the Secretary of State within the [F17period applicable under] sub-paragraph (a)(i) that either—

(i)the information or evidence required of him does not exist; or

(ii)that it is not possible for him to obtain it.

[F18(4A) In relation to a person to whom paragraph (2)(ca) refers, paragraph (4)(a)(i) has effect as if for “14 days” there were substituted “7 days”.]

(5) The Secretary of State may suspend the payment of a relevant benefit, in whole or in part, to any person to whom paragraph (2)(b) to [F19(f)] applies who fails to satisfy the requirements of paragraph (4).

(6)  In this regulation, “evidence” includes evidence which a person is required to provide in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 M3 . ]

[F13(1) This regulation applies where the Board require information or evidence for a determination whether a decision awarding tax credit should be—

(a)revised under section 9; or

(b)superseded under section 10.

(2) The relevant person shall furnish such certificates, documents, information and evidence as may be required by the Board for the purposes of paragraph (1), and shall do so within one month of being required to do so or such longer period as the Board may consider reasonable.

(3) In paragraph (2) “the relevant person” means any of the following—

(a)the claimant concerned;

(b)where the tax credit could have been claimed by either of two partners or where entitlement to or the amount of the tax credit was affected or liable to be affected by the circumstances of either partner, the partner other than the claimant;

(c)the employer of the claimant or, where sub-paragraph (b) applies, the employer of the partner other than the claimant.

(4) Where the claimant or any partner of the claimant is aged not less than 60 and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, the claimant shall, where the Board so require and within one month of being required to do so or such longer period as the Board may consider reasonable, furnish the following information—

(a)the name and address of the pension fund holder;

(b)such other information, including any reference number or policy number, as is needed to enable the personal pension scheme or retirement annuity contract to be identified.

(5) A pension fund holder to whom paragraph (4) applies shall, where the Board so require and within one month of being required to do so or such longer period as the Board may consider reasonable, provide the Board with the information specified in paragraph (6).

(6) The information referred to in this paragraph is—

(a)where the purchase of an annuity under a personal pension scheme has been deferred, the amount of any income which is being withdrawn from the personal pension scheme;

(b)in the case of—

(i)a personal pension scheme where income withdrawal is available, the maximum amount of income which may be withdrawn from the scheme; or

(ii)a personal pension scheme where income withdrawal is not available, or a retirement annuity contract, the maximum amount of income which might be withdrawn from the fund if the fund were held under a personal pension scheme where income withdrawal was available,

calculated by or on behalf of the pension fund holder by means of tables prepared from time to time by the Government Actuary which are appropriate for this purpose.

(7) Every person providing childcare in respect of which a claimant to whom regulation 46A of the Family Credit (General) Regulations 1987 applies is incurring relevant childcare charges (within the meaning of that regulation), including a person providing childcare on behalf of a school, local authority, childcare scheme or establishment within paragraph (2)(b), (c) or (d) of that regulation, shall furnish such certificates, documents, information and evidence as may be required by the Board for the purposes of paragraph (1), and shall do so within one month of being required to do so or such longer period as the Board may consider reasonable.]

Textual Amendments

F13 Regs. 17 18 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 13

Marginal Citations

M2 Schedule 1B was inserted by S.I. 1996/206 .

M3 S.I. 1976/615 ; relevant amending instruments are S.I. 1982/699 , 1992/247 and 1994/2975.

Termination in cases of failure to furnish information or evidenceE+W+S

18.—[F13(1) Subject to paragraphs (2), (3) and (4), the Secretary of State shall decide that where a person—

(a)whose benefit has been suspended in accordance with regulation 16 and who subsequently fails to comply with an information requirement made in pursuance of regulation 17; or

(b)whose benefit has been suspended in accordance with regulation 17(5),

that person shall cease to be entitled to that benefit from the date on which payment was suspended except where entitlement to benefit ceases on an earlier date other than under this regulation.

(2) Paragraph (1)(a) shall not apply where not more than one month has elapsed since the information requirement was made in pursuance of regulation 17.

(3) Paragraph (1)(b) shall not apply where not more than one month has elapsed since the first payment was suspended in accordance with regulation 17.

(4) Paragraph (1) shall not apply where benefit has been suspended in part under regulation 16 or, as the case may be, regulation 17.]

[F13(1) Where a claimant—

(a)is required by the Board under regulation 17 to furnish information, or evidence, and

(b)fails to do so within the period specified by the Board in accordance with that regulation (“the suspension period”),

the Board may, subject to paragraphs (3) and (4), decide to suspend payment of tax credit to or on behalf of the claimant in whole or in part.

(2) Where either—

(a)a claimant whose benefit has been suspended in whole or in part in accordance with regulation 16 subsequently fails to comply with a requirement for information or evidence made under regulation 17, within the suspension period, or within the period of one month immediately following the suspension period; or

(b)(i)a claimant has been required by the Board under regulation 17 to furnish information or evidence,

(ii)the claimant has failed to do so within the suspension period and within the period of one month immediately following the suspension period, and

(iii)the Board have suspended payment of tax credit to or on behalf of the claimant in whole or in part in accordance with paragraph (1) of this regulation,

the Board may, subject to paragraphs (3) to (5), decide that the claimant shall cease to be entitled to payment of tax credit with effect from a date not earlier than the date on which payment of tax credit was suspended.

(3) No decision shall be taken by the Board pursuant to paragraph (1) or (2) where—

(a)the failure to furnish information has been remedied; or

(b)the Board have allowed a further period of time (in addition to the suspension period or the period of one month referred to in paragraph (2)(a) or (b)(ii)) within which the claimant is required to furnish the information and the claimant has furnished the information within that further period.

(4) For the purposes of paragraphs (1) and (2), a claimant shall be deemed not to have failed to furnish information within the suspension period or within the period of one month referred to in paragraph (2)(a) or (b)(ii) if he had a reasonable excuse and that excuse has not ceased; and, where that excuse has ceased, he shall be deemed not to have failed to furnish information within either of those periods for those purposes if he furnished the information without unreasonable delay after the excuse had ceased.

(5) No decision shall be taken by the Board pursuant to paragraph (2) unless payment of the whole of the relevant tax credit to or on behalf of the claimant has been suspended, under regulation 16 or 17 or both of those regulations.]

Textual Amendments

F13 Regs. 17 18 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 13

Suspension and termination for failure to submit to medical examinationE+W+S

19.—(1)  Except where regulation 8 of the Social Security (Incapacity for Work) (General) Regulations 1995 M4 F20... (where a question arises as to whether a person is capable of work) [F21or regulation 23 of the Employment and Support Allowance Regulations (where a question arises whether a person has limited capability for work) applies], the Secretary of State [F22or the Board] may require a person to submit to a medical examination by a [F23health care professional approved by the Secretary of State] where that person is in receipt of a relevant benefit, and either—

(a)the Secretary of State considers [F24or the Board consider] it necessary to satisfy himself [F25or themselves] as to the correctness of the award of the benefit, or of the rate at which it was awarded; or

(b)that person applies for a revision or supersession of the award and the Secretary of State considers [F26or the Board consider] that the examination is necessary for the purpose of making his [F27or their] decision.

(2) The Secretary of State [F28or the Board] may suspend payment of a relevant benefit in whole or in part, to a person who fails, without good cause, on two consecutive occasions to submit to a medical examination in accordance with requirements under paragraph (1) except where entitlement to benefit is suspended on an earlier date other than under this regulation.

(3) Subject to paragraph (4), the Secretary of State [F28or the Board] may determine that the entitlement to a relevant benefit of a person, in respect of whom payment of such a benefit has been suspended under paragraph (2), shall cease from a date not earlier than the date on which payment was suspended except where entitlement to benefit ceases on an earlier date other than under this regulation.

(4) Paragraph (3) shall not apply where not more than one month has elapsed since the first payment was suspended under paragraph (2).

Textual Amendments

F22 Words in reg. 19(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 14(2)(a)

F24 Words in reg. 19(1)(a) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 14(2)(b)(i)

F25 Words in reg. 19(1)(a) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 14(2)(b)(ii)

F26 Words in reg. 19(1)(b) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 14(2)(c)(i)

F27 Words in reg. 19(1)(b) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 14(2)(c)(ii)

F28 Words in reg. 19(2) (3) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 14(3)

Marginal Citations

Making of payments which have been suspendedE+W+S

20.—(1) Subject to paragraphs (2) and (3), payment of a benefit suspended in accordance with regulation 16 [F29or 17] shall be made where—

(a)in a case to which regulation 16(2) or (3)(a)(i) to (iii) applies, the Secretary of State is satisfied [F30or the Board are satisfied] that the benefit suspended is properly payable and no outstanding issues remain to be resolved;

(b)in a case to which regulation 16(3)(a)(iv) applies, the Secretary of State is satisfied [F30or the Board are satisfied] that he has [F31or they have] been notified of the address at which the person is residing;

F32( c ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F33(d)[F34in a case to which regulation 17(5) applies, the Secretary of State is satisfied that the benefit suspended is properly payable and the requirements of regulation 17(4) have been satisfied. [F34in a case to which regulation 18(1) applies, the Board are satisfied that the benefit suspended is properly payable and the requirements of regulation 17(2), (4), (5) or (7) have been satisfied.]]]

[F35(2) Where regulation 16(3)(b)(i) applies, payment of a benefit suspended shall be made if the Secretary of State—

(a)does not, in the case of a decision of [F36the First-tier Tribunal], apply for a statement of the reasons for that decision within the period [F37specified under Tribunal Procedure Rules];

(b)does not, in the case of a decision of [F38the First-tier Tribunal, the Upper Tribunal] or a court, make an application for [F39permission] to appeal and (where [F39permission] to appeal is granted) make the appeal within the time prescribed for the making of such applications and appeals;

(c)withdraws an application for [F40permission] to appeal or the appeal; or

(d)is refused [F40permission] to appeal, in circumstances where it is not open to him to renew the application for [F40permission] or to make a further application for [F40permission] to appeal.

(3) Where regulation 16(3)(b)(ii) applies, payment of a benefit suspended shall be made if the Secretary of State, in relation to the decision of [F41the Upper Tribunal] or the court in a different case—

(a)does not make an application for [F42permission] to appeal and (where [F42permission] to appeal is granted) make the appeal within the time prescribed for the making of such applications and appeals;

(b)withdraws an application for [F42permission] to appeal or the appeal; or

(c)is refused [F42permission] to appeal, in circumstances where it is not open to him to renew the application for [F42permission] or to make a further application for [F42permission] to appeal.]

(4) Payment of benefit which has been suspended in accordance with regulation 19 for failure to submit to a medical examination shall be made where the Secretary of State is satisfied [F43or the Board are satisfied] that it is no longer necessary for the person referred to in that regulation to submit to a medical examination.

Textual Amendments

F30 Words in reg. 20(1)(a)(b) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 15(2)

F31 Words in reg. 20(1)(b) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 15(3)

F34 Reg. 20(1)(d) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 15(4)

F43 Words in reg. 20(4) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 15(2)