The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

Regulation 16(1)

SCHEDULEE+W+S DECISIONS AGAINST WHICH NO APPEAL LIES

Modifications etc. (not altering text)

1.  No appeal shall lie against a decision made by virtue of, or as a consequence of, any of the provisions in Part X (claims), Part XII (payments) and Part XIII (overpayments) of the Housing Benefit Regulations except a decision under—E+W+S

[F1(a)regulations 83 (time and manner in which claims are to be made), 84(1) and 85(1) and (4) (date of claim);

(b)regulation 93(3) (adjustments to payments to take account of underpayment or overpayment on account of rent allowance);

(c)regulation 95 (circumstances in which payment is to be made to a landlord);

(d)regulation 96 (circumstances in which payment may be made to a landlord);

(e)regulation 100 (recoverable overpayments);

(f)regulation 101 (person from whom recovery may be sought);

(g)regulation 103 (diminution of capital); or

(h)regulation 104 (sums to be deducted in calculating recoverable overpayments).]

Textual Amendments

[F21A.  No appeal shall lie against a decision made by virtue of, or as a consequence of, any of the provisions in Part 9 (claims), Part 11 (payments) and Part 12 (overpayments) of the Housing Benefit (State Pension Credit) Regulations except a decision under—E+W+S

(a)regulations 64 (time and manner in which claims are to be made), 65(1) and 66(1) and (4) (date of claim);

(b)regulation 74(3) (adjustments to payments to take account of underpayment or overpayment on account of rent allowance);

(c)regulation 76 (circumstances in which payment is to be made to a landlord);

(d)regulation 77 (circumstances in which payment may be made to a landlord);

(e)regulation 81 (recoverable overpayments);

(f)regulation 84 (diminution of capital); or

(g)regulation 85 (sums to be deducted in calculating recoverable overpayments).]

Textual Amendments

2.  No appeal shall lie against a decision made by virtue of, or as a consequence of, any of the provisions in Part VIII (claims), Part X (awards or payments of benefit) and Part XI (excess benefit) of the Council Tax Benefit Regulations except a decision under—E+W+S

[F3(a)regulations 69 (time and manner in which claims are to be made), 69(1) and 70(1) and (4) (date of claim);

(b)regulation 83 (recoverable excess benefit);

(c)regulation 85 (persons from whom recovery may be sought);

(d)regulation 88 (diminution of capital); or

(e)regulation 89 (sums to be deducted in calculating recoverable excess benefit).]

Textual Amendments

[F42A.  No appeal shall lie against a decision made by virtue of, or as a consequence of, any of the provisions in Part 7 (claims), Part 9 (awards or payments of benefit) and Part 10 (excess benefit) of the Council Tax Benefit (State Pension Credit) Regulations except a decision under—E+W+S

(a)regulations 53 (time and manner in which claims are to be made), 54(1) and 55(1) and (4) (date of claim);

(b)regulation 68 (recoverable excess benefit);

(c)regulation 70 (persons from whom recovery may be sought);

(d)regulation 73 (diminution of capital); or

(e)regulation 74 (sums to be deducted in calculating recoverable excess benefit).]

Textual Amendments

3.  Subject to paragraphs 1(f) and 2(c), no appeal shall lie against a decision as to the exercise of discretion to recover an overpayment of housing benefit or, as the case may be, excess council tax benefit.E+W+S

4.  No appeal shall lie against a decision of a relevant authority under paragraph 16(3)(a) or (b) and (4) of Schedule 7 to the Act (decisions involving issues that arise on appeal in other cases).E+W+S

5.  No appeal shall lie against a decision under Part III of these Regulations of a relevant authority relating to—E+W+S

(a)suspension of a payment of benefit or of a reduction; or

(b)restoration following a suspension of payment of benefit or of a reduction,

except a decision that entitlement to benefit is terminated under regulation 14.

[F56.  No appeal shall lie against the calculation or estimate of the claimant's, or the claimant’s partner's, income or capital used by a relevant authority in accordance with [F6“regulation 27(1) of the Housing Benefit (State Pension Credit) Regulations or regulation 17(1) of the Council Tax Benefit (State Pension Credit) Regulations”] (calculation of claimant’s income in savings credit only cases), as modified, in both cases, by the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003.]E+W+S

Textual Amendments