The Social Security (Loss of Benefit) Amendment Regulations 2010

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

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

(2) For regulation 4(7A)(2) (revision of decisions) substitute—

“(7A) Where—

(a) a restriction is imposed on a person under section 6B, 7, 8 or 9 of the Social Security Fraud Act 2001 (loss of benefit provisions) as a result of the person—

(i) being convicted of an offence by a court; or

(ii) agreeing to pay a penalty as an alternative to prosecution under section 115A of the Administration Act or section 109A of the Social Security Administration (Northern Ireland) Act 1992, and

(b) that conviction is quashed or set aside by that or any other court, or the person withdraws his agreement to pay a penalty,

a decision of the relevant authority made in accordance with regulation 7(2)(g) or (h) may be revised at any time.”.

(3) In regulation 7(2)(g)(3) (decisions superseding earlier decisions)—

(a) after the first mention of “section” insert “6B,”;

(b) for “same meaning as in section 7” substitute “meaning given in section 6A”.

(4) In regulation 8(9)(4) (date from which a decision superseding an earlier decision takes effect) after “section” insert “6B or”.

(1)

S.I. 2001/1002.

(2)

A relevant amending instrument is S.I. 2002/490.

(3)

A relevant amending instrument is S.I. 2002/490.

(4)

A relevant amending instrument is S.I. 2002/490.