Child Support, Pensions and Social Security Act 2000

Section 68.

[F1 SCHEDULE 7 E+W+S Housing benefit and council tax benefit: revisions and appeals

Textual Amendments

F1 Sch. 7 repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

Introductory E+W+S

1 (1) In this Schedule “relevant authority” means an authority administering housing benefit or council tax benefit. E+W+S

(2) In this Schedule “relevant decision” means any of the following—

(a) a decision of a relevant authority on a claim for housing benefit or council tax benefit;

(b) any decision under paragraph 4 of this Schedule which supersedes a decision falling within paragraph (a), within this paragraph or within paragraph (b) of sub-paragraph (1) of that paragraph;

but references in this Schedule to a relevant decision do not include references to a decision under paragraph 3 to revise a relevant decision.

Commencement Information

I1 Sch. 7 para. 1 wholly in force at 2.7.2001; Sch. 7 para. 1 not in force at Royal Assent see s. 86(2)(3)(a); Sch. 7 para. 1 in force for certain purposes at 1.11.2000 by S.I. 2000/2950, art. 3(c); Sch. 7 para. 1 in force at 2.7.2001 by S.I. 2001/1252, art. 2(2)(a)(i)

Decisions on claims for benefit E+W+S

2 E+W+S Where at any time a claim for housing benefit or council tax benefit is decided by a relevant authority—

(a) the claim shall not be regarded as subsisting after that time; and

(b) accordingly, the claimant shall not (without making a further claim) be entitled to the benefit on the basis of circumstances not obtaining at that time.

Revision of decisions E+W+S

3 (1) Any relevant decision may be revised or further revised by the relevant authority which made the decision— E+W+S

(a) either within the prescribed period or in prescribed cases or circumstances; and

(b) either on an application made for the purpose by a person affected by the decision or on their own initiative;

and regulations may prescribe the procedure by which a decision of a relevant authority may be so revised.

(2) In making a decision under sub-paragraph (1), the relevant authority need not consider any issue that is not raised by the application or, as the case may be, did not cause them to act on their own initiative.

(3) Subject to sub-paragraphs (4) and (5) and paragraph 18, a revision under this paragraph shall take effect as from the date on which the original decision took (or was to take) effect.

(4) Regulations may provide that, in prescribed cases or circumstances, a revision under this paragraph shall take effect as from such other date as may be prescribed.

(5) Where a decision is revised under this paragraph, for the purposes of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.

(6) Except in prescribed circumstances, an appeal against a decision of the relevant authority shall lapse if the decision is revised under this paragraph before the appeal is determined.

Commencement Information

I2 Sch. 7 para. 3 wholly in force at 2.7.2001; Sch. 7 para. 3 not in force at Royal Assent see s. 86(2)(3)(a); Sch. 7 para. 3 in force for certain purposes at 1.11.2000 by S.I. 2000/2950, art. 3(c); Sch. 7 para. 3 in force at 2.7.2001 by S.I. 2001/1252, art. 2(2)(a)(i)

Decisions superseding earlier decisions E+W+S

4 (1) Subject to [F2 sub-paragraphs (4) and (4A)], the following, namely— E+W+S

(a) any relevant decision (whether as originally made or as revised under paragraph 3), F3 ...

[F4 (aa) any decision under this Schedule of an appeal tribunal or a Commissioner, and]

(b) any decision under this Schedule [F5 of the First-tier Tribunal or any decision of the Upper Tribunal which relates to any such decision],

may be superseded by a decision made by the appropriate relevant authority, either on an application made for the purpose by a person affected by the decision or on their own initiative.

(2) In this paragraph “the appropriate relevant authority” means the authority which made the decision being superseded, the decision appealed against to [F6 the tribunal or] the [F7 First-tier Tribunal] or, as the case may be, the decision to which the decision being appealed against to [F8 the Commissioner or] the [F9 Upper Tribunal] relates.

(3) In making a decision under sub-paragraph (1), the relevant authority need not consider any issue that is not raised by the application or, as the case may be, did not cause them to act on their own initiative.

(4) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this paragraph.

[F10 (4A) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision relating to housing benefit must be made by the appropriate relevant authority.]

(5) Subject to sub-paragraph (6) and paragraph 18, a decision under this paragraph shall take effect as from the date on which it is made or, where applicable, the date on which the application was made.

(6) Regulations may provide that, in prescribed cases or circumstances, a decision under this paragraph shall take effect as from such other date as may be prescribed.

[F11 (7) In this paragraph—

• “appeal tribunal” means an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (the functions of which have been transferred to the First-tier Tribunal);

• “Commissioner” means a person appointed as a Social Security Commissioner under Schedule 4 to that Act (the functions of whom have been transferred to the Upper Tribunal), and includes a tribunal of such persons.]

Textual Amendments

F2 Words in Sch. 7 para. 4(1) substituted (1.10.2007 for certain purposes and 7.4.2008 otherwise) by Welfare Reform Act 2007 (c. 5), ss. 30(3)(a), 70; S.I. 2007/2872, art. 2(2)(3) (subject to arts. 3-5)

F3 Word in Sch. 7 para. 4(1)(a) repealed (with effect in accordance with s. 103(2) of the amending Act) by Welfare Reform Act 2012 (c. 5), s. 150(1)(b), Sch. 12 para. 5(2)

F4 Sch. 7 para. 4(1)(aa) inserted (with effect in accordance with s. 103(2) of the amending Act) by Welfare Reform Act 2012 (c. 5), s. 150(1)(b), Sch. 12 para. 5(2)

F5 Words in Sch. 7 para. 4(1)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(2)(a)

F6 Words in Sch. 7 para. 4(2) inserted (with effect in accordance with s. 103(2) of the amending Act) by Welfare Reform Act 2012 (c. 5), s. 150(1)(b), Sch. 12 para. 5(3)(a)

F7 Words in Sch. 7 para. 4(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(2)(b)(i)

F8 Words in Sch. 7 para. 4(2) inserted (with effect in accordance with s. 103(2) of the amending Act) by Welfare Reform Act 2012 (c. 5), s. 150(1)(b), Sch. 12 para. 5(3)(b)

F9 Words in Sch. 7 para. 4(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(2)(b)(ii)

F10 Sch. 7 para. 4(4A) inserted (1.10.2007 for certain purposes and 7.4.2008 otherwise) by Welfare Reform Act 2007 (c. 5), ss. 30(3)(b), 70; S.I. 2007/2872, art. 2(2)(3) (subject to arts. 3-5)

F11 Sch. 7 para. 4(7) inserted (with effect in accordance with s. 103(2) of the amending Act) by Welfare Reform Act 2012 (c. 5), s. 150(1)(b), Sch. 12 para. 5(4)

Commencement Information

I3 Sch. 7 para. 4 wholly in force at. 2.7.2001; Sch. 7 para. 4 not in force at Royal Assent see s. 86(2)(3)(a); Sch. 7 para. 4 in force for certain purposes at 1.11.2000 by S.I. 2000/2950, art. 3(c); Sch. 7 para. 4 in force at 2.7.2001 by S.I. 2001/1252, art. 2(2)(a)(i)

Use of experts by relevant authorities E+W+S

5 E+W+S Where it appears to a relevant authority that a matter in relation to which a relevant decision falls to be made by them involves a question of fact requiring special expertise, they may direct that, in dealing with that matter, they shall have the assistance of one or more persons appearing to them to have knowledge or experience which would be relevant in determining that question.

Appeal to [F12 First-tier Tribunal] E+W+S

Textual Amendments

F12 Sch. 7 para. 6: words in heading substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(3)(a)

6 (1) Subject to sub-paragraph (2), this paragraph applies to any relevant decision (whether as originally made or as revised under paragraph 3) of a relevant authority which— E+W+S

(a) is made on a claim for, or on an award of, housing benefit or council tax benefit; or

(b) does not fall within paragraph (a) but is of a prescribed description.

(2) This paragraph does not apply to—

(a) any decision terminating or reducing the amount of a person’s housing benefit or council tax benefit that is made in consequence of any decision made under regulations under section 2A of the Administration Act (work-focused interviews);

(b) any decision of a relevant authority as to the application or operation of any modification of a housing benefit scheme or council tax benefit scheme under section 134(8)(a) or section 139(6)(a) of the Administration Act (disregard of war disablement and war widows’ pensions);

(c) so much of any decision of a relevant authority as adopts a decision of a rent officer under any order made by virtue of section 122 of the M1 Housing Act 1996 (decisions of rent officers for the purposes of housing benefit);

(d) any decision of a relevant authority as to the amount of benefit to which a person is entitled in a case in which the amount is determined by the rate of benefit provided for by law; or

(e) any such other decision as may be prescribed.

(3) In the case of a decision to which this paragraph applies, any person affected by the decision shall have a right to appeal to an [F13 the First-tier Tribunal].

(4) Nothing in sub-paragraph (3) shall confer a right of appeal in relation to—

(a) a prescribed decision; or

(b) a prescribed determination embodied in or necessary to a decision.

(5) Regulations under sub-paragraph (4) shall not prescribe any decision or determination that relates to the conditions of entitlement to housing benefit or council tax benefit for which a claim has been validly made.

(6) Where any amount of housing benefit or council tax benefit is determined to be recoverable under or by virtue of section 75 or 76 of the Administration Act (overpayments and excess benefits), any person from whom it has been determined that it is so recoverable shall have a right of appeal to an [F13 the First-tier Tribunal].

(7) A person with a right of appeal under this paragraph shall be given such notice of the decision in respect of which he has that right, and of that right, as may be prescribed.

(8) Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought.

(9) In deciding an appeal under this paragraph, an [F13 the First-tier Tribunal]—

(a) need not consider any issue that is not raised by the appeal; and

(b) shall not take into account any circumstances not obtaining at the time when the decision appealed against was made.

Textual Amendments

F13 Words in Sch. 7 para. 6(3)(6)(9) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(3)(b)

Commencement Information

I4 Sch. 7 para. 6 wholly in force at. 2.7.2001; Sch. 7 para. 6 not in force at Royal Assent see s. 86(2)(3)(a); Sch. 7 para. 6 in force for certain purposes at 1.11.2000 by S.I. 2000/2950, art. 3(c); Sch. 7 para. 6 in force at 2.7.2001 by S.I 2001/1252, art. 2(2)(a)(i)

Marginal Citations

M1 1996 c. 52.

Redetermination etc. of appeals by tribunal E+W+S

7 (1) This paragraph applies where an application is made [F14 to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under paragraph 6]. E+W+S

(2) F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, [F16 the First-tier Tribunal] shall set aside the decision and refer the case for determination by a differently constituted [F17 First-tier Tribunal].

(4) In this paragraph and paragraph 8 “principal parties” means—

(a) where he is the applicant for leave to appeal or the circumstances are otherwise such as may be prescribed, the Secretary of State;

(b) the relevant authority against whose decision the appeal to the appeal tribunal was brought; and

(c) the person affected by the decision against which the appeal to the appeal tribunal was brought or by the tribunal’s decision on that appeal.

Textual Amendments

F14 Words in Sch. 7 para. 7(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(4)(a)

F15 Sch. 7 para. 7(2) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(4)(b)

F16 Words in Sch. 7 para. 7(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(4)(c)(i)

F17 Words in Sch. 7 para. 7(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(4)(c)(ii)

Appeal from [F18 First-tier Tribunal to Upper Tribunal] E+W+S

Textual Amendments

F18 Sch. 7 para. 8: words in heading substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(5)(a)

8 (1) F19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

(2) An appeal [F20 to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 from any decision of the First-tier Tribunal under paragraph 6 or 7 lies] at the instance of any of the following—

(a) the Secretary of State;

(b) the relevant authority against whose decision the appeal to the appeal tribunal was brought;

(c) any person affected by the decision against which the appeal to the [F21 First-tier Tribunal] was brought or by the tribunal’s decision on that appeal.

(3) F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Sch. 7 para. 8(1) omitted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(5)(b)

F20 Words in Sch. 7 para. 8(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(5)(c)(i)

F21 Words in Sch. 7 para. 8(2)(c) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(5)(c)(ii)

F22 Sch. 7 para. 8(3)-(8) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(5)(d)

Commencement Information

I5 Sch. 7 para. 8 wholly in force at. 2.7.2001; Sch. 7 para. 8 not in force at Royal Assent see s. 86(2); Sch. 7 para. 8 in force for certain purposes at 1.11.2000 by S.I. 2000/2950, art. 3(c); Sch. 7 para. 8 in force at 2.7.2001 by S.I. 2001/1252, art. 2(2)(a)(i)

[F23 Applications for permission to appeal against a decision of the Upper Tribunal] E+W+S

Textual Amendments

F23 Sch. 7 para. 9: heading substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(6)(a)

9 (1) F24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

(2) F24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F25 An application for permission to appeal from a decision of the Upper Tribunal in respect of a decision of the First-tier Tribunal under paragraph 6 or 7] may only be made by—

(a) a person who, before the proceedings before the [F26 Upper Tribunal] were begun, was entitled to appeal to the [F26 Upper Tribunal] from the decision to which the [F27 Upper Tribunal's] decision relates;

(b) any other person who was a party to the proceedings in which the decision to which the [F27 Upper Tribunal's] decision relates was given;

(c) any other person who is authorised by regulations to apply for [F28 permission];

F29 . . .

(4) F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Sch. 7 para. 9(1)(2) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(6)(b)

F25 Words in Sch. 7 para. 9(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(6)(c)(i)

F26 Words in Sch. 7 para. 9(3)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(6)(c)(ii)

F27 Words in Sch. 7 para. 9(3)(a)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(6)(c)(iii)

F28 Word in Sch. 7 para. 9(3)(c) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(6)(c)(iv)

F29 Words in Sch. 7 para. 9(3) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(6)(c)(v)

F30 Sch. 7 para. 9(4)(5) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(6)(d)

Commencement Information

I6 Sch. 7 para. 9 wholly in force at. 2.7.2001; Sch. 7 para. 9 not in force at Royal Assent see s. 86(2)(3)(a); Sch. 7 para. 9 in force for certain purposes at 1.11.2000 by S.I. 2000/2950, art. 3(c); Sch. 7 para. 9 in force at 2.7.2001 by S.I. 2001/1252, art. 2(2)(a)(i)

Procedure E+W+S

10 (1) Regulations may make for the purposes of this Schedule any such provision as is specified in Schedule 5 to the M2 Social Security Act 1998, or as would be so specified if the references to the Secretary of State in paragraph 1 of that Schedule were references to a relevant authority. E+W+S

(2) F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31 Sch. 7 para. 10(2)-(8) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(7)

Commencement Information

I7 Sch. 7 para. 10 wholly in force at 2.7.2001; Sch. 7 para. 10 not in force at Royal Assent see s. 86(2)(3)(a); Sch. 7 para. 10 in force for certain purposes at 1.11.2000 by S.I. 2000/2950, art. 3(c); Sch. 7 para. 10 in force at 2.7.2001 by S.I. 2001/1252, art. 2(2)(a)(i)

Marginal Citations

M2 1998 c. 14.

Finality of decisions E+W+S

11 E+W+S Subject to the provisions of this Schedule [F32 and to any provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007], any decision made in accordance with the preceding provisions of this Schedule shall be final.

Textual Amendments

F32 Words in Sch. 7 para. 11 inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(8)

Matters arising as respects decisions E+W+S

12 E+W+S Regulations may make provision as respects matters arising—

(a) pending any decision under this Schedule of a relevant authority [F33 or the First-tier Tribunal, or any decision of the Upper Tribunal which relates to any decision under this Schedule of the First-Tier Tribunal,] which relates to—

(i) any claim for housing benefit or council tax benefit;

(ii) any person’s entitlement to such a benefit or its receipt;

or

(b) out of the revision under paragraph 3, or on appeal, of any such decision.

Textual Amendments

F33 Words in Sch. 7 para. 12(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(9)

Commencement Information

I8 Sch. 7 para. 12 wholly in force at. 2.7.2001; Sch. 7 para. 12 not in force at Royal Assent see s. 86(2)(3)(a); Sch. 7 para. 12 in force for certain purposes at 1.11.2000 by S.I. 2000/2950, art. 3(c); Sch. 7 para. 12 in force at 2.7.2001 by S.I. 2001/1252, art. 2(2)(a)(i)

Suspension in prescribed circumstances E+W+S

13 (1) Regulations may provide for— E+W+S

(a) suspending, in whole or in part, any payments of housing benefit or council tax benefit;

(b) suspending, in whole or in part, any reduction (by way of council tax benefit) in the amount that a person is or will become liable to pay in respect of council tax;

(c) the subsequent making, or restoring, in prescribed circumstances of any or all of the payments, or reductions, so suspended.

(2) Regulations made under sub-paragraph (1) may, in particular, make provision for any case where, in relation to a claim for housing benefit or council tax benefit—

(a) it appears to the relevant authority that an issue arises whether the conditions for entitlement to such a benefit are or were fulfilled;

(b) it appears to the relevant authority that an issue arises whether a decision as to an award of such a benefit should be revised (under paragraph 3) or superseded (under paragraph 4);

(c) an appeal is pending against a decision of [F34 the First-tier Tribunal, the Upper Tribunal] or a court; or

(d) it appears to the relevant authority, where an appeal is pending against the decision given by [F35 the Upper Tribunal] or a court in a different case, that if the appeal were to be determined in a particular way an issue would arise whether the award of housing benefit or council tax benefit in the case itself ought to be revised or superseded.

(3) For the purposes of sub-paragraph (2), an appeal against a decision is pending if—

(a) an appeal against the decision has been brought but not determined;

(b) an application for [F36 permission] to appeal against the decision has been made but not determined; or

(c) the time within which—

(i) an application for [F36 permission] to appeal may be made, or

(ii) an appeal against the decision may be brought,

has not expired and the circumstances are such as may be prescribed.

(4) In sub-paragraph (2)(d) the reference to a different case—

(a) includes a reference to a case involving a different relevant authority; but

(b) does not include a reference to a case relating to a different benefit unless the different benefit is housing benefit or council tax benefit.

Textual Amendments

F34 Words in Sch. 7 para. 13(2)(c) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(10)(a)(i)

F35 Words in Sch. 7 para. 13(2)(d) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(10)(a)(ii)

F36 Word in Sch. 7 para. 13(3)(b)(c) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(10)(b)

Commencement Information

I9 Sch. 7 para. 13 wholly in force at. 2.7.2001; Sch. 7 para. 13 not in force at Royal Assent see s. 86(2)(3)(a); Sch. 7 para. 13 in force for certain purposes at 1.11.2000 by S.I. 2000/2950, art. 3(c); Sch. 7 para. 13 in force at 2.7.2001 by S.I. 2001/1252, art. 2(2)(a)(i)

Suspension for failure to furnish information etc. E+W+S

14 (1) The powers conferred by this paragraph are exercisable in relation to persons who fail to comply with information requirements. E+W+S

(2) Regulations may provide for—

(a) suspending, in whole or in part, any payments of housing benefit or council tax benefit;

(b) suspending, in whole or in part, any reduction (by way of council tax benefit) in the amount that a person is or will become liable to pay in respect of council tax;

(c) the subsequent making, or restoring, in prescribed circumstances of any or all of the payments, or any right, so suspended.

(3) In this paragraph and paragraph 15 “information requirement” means—

(a) in the case of housing benefit, a requirement in pursuance of regulations made by virtue of section 5(1)(hh) of the Administration Act to furnish information or evidence needed for a determination whether a decision on an award of that benefit should be revised under paragraph 3 or superseded under paragraph 4 of this Schedule; and

(b) in the case of council tax benefit, a requirement made in pursuance of regulations under section 6(1)(hh) of the Administration Act to furnish information or evidence needed for a determination whether a decision on an award of that benefit should be so revised or superseded.

Commencement Information

I10 Sch. 7 para. 14 wholly in force at 2.7.2001; Sch. 7 para. 14 not in force at Royal Assent see s. 86(2)(3)(a); Sch. 7 para. 14 in force for certain purposes at 1.11.2000 by S.I. 2000/2950, art. 3(c); Sch. 7 para. 14 in force at 2.7.2001 by S.I. 2001/1252, art. 2(2)(a)(i)

Termination in cases of a failure to furnish information E+W+S

15 E+W+S Regulations may provide that, except in prescribed cases or circumstances—

(a) a person whose benefit has been suspended in accordance with regulations under paragraph 13 and who subsequently fails to comply with an information requirement, or

(b) a person whose benefit has been suspended in accordance with regulations under paragraph 14 for failing to comply with such a requirement,

shall cease to be entitled to the benefit from a date not earlier than the date on which payments were suspended.

Commencement Information

I11 Sch. 7 para. 15 wholly in force at. 2.7.2001; Sch. 7 para. 15 not in force at Royal Assent see s. 86(2)(3)(a); Sch. 7 para. 15 in force for certain purposes at 1.11.2000 by S.I. 2000/2950, art. 3(c); Sch. 7 para. 15 in force at 2.7.2001 by S.I. 2001/1252, art. 2(2)(a)(i)

Decisions involving issues that arise on appeal in other cases E+W+S

16 (1) This paragraph applies where— E+W+S

(a) a relevant decision, or a decision under paragraph 3 about the revision of an earlier decision, falls to be made in any particular case; and

(b) an appeal is pending against the decision given in another case by [F37 the Upper Tribunal] or a court.

(2) A relevant authority need not make the decision while the appeal is pending if they consider it possible that the result of the appeal will be such that, if it were already determined, there would be no entitlement to benefit.

(3) If a relevant authority consider it possible that the result of the appeal will be such that, if it were already determined, it would affect the decision in some other way—

(a) they need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending;

(b) they may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed.

(4) Where—

(a) a relevant authority act in accordance with sub-paragraph (3)(b), and

(b) following the making of the determination it is appropriate for their decision to be revised,

they shall then revise their decision (under paragraph 3) in accordance with that determination.

(5) For the purposes of this paragraph, an appeal against a decision is pending if—

(a) an appeal against the decision has been brought but not determined;

(b) an application for leave to appeal against the decision has been made but not determined; or

(c) the time within which—

(i) an application for leave to appeal may be made, or

(ii) an appeal against the decision may be brought,

has not expired and the circumstances are such as may be prescribed.

(6) In paragraphs (a), (b) and (c) of sub-paragraph (5), any reference to an appeal against a decision, or to an application for leave to appeal against a decision, includes a reference to—

(a) an application for judicial review of the decision under section 31 of the M3 Supreme Court Act 1981 or for leave to apply for judicial review; or

(b) an application to the supervisory jurisdiction of the Court of Session in respect of the decision.

(7) In sub-paragraph (1)(b) the reference to another case—

(a) includes a reference to a case involving a decision made, or falling to be made, by a different relevant authority; but

(b) does not include a reference to a case relating to another benefit unless the other benefit is housing benefit or council tax benefit.

Textual Amendments

F37 Words in Sch. 7 para. 16(1)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(11)

Commencement Information

I12 Sch. 7 para. 16 wholly in force at 2.7.2001; Sch. 7 para. 16 not in force at Royal Assent see s. 86(2)(3)(a); Sch. 7 para. 16 in force for certain purposes at 1.11.2000 by S.I. 2000/2950, art. 3(c); Sch. 7 para. 16 in force at 2.7.2001 by S.I. 2001/1252, art. 2(2)(a)(i)

Marginal Citations

M3 1981 c. 54.

Prospective

Appeals involving issues that arise on appeal in other cases E+W+S

17 (1) This paragraph applies where— E+W+S

(a) an appeal (“appeal A”) in relation to a relevant decision (whether as originally made or as revised under paragraph 3) is made to [F38 the First-tier Tribunal, or from the First-tier Tribunal to the Upper Tribunal]; and

(b) an appeal (“appeal B”) is pending against a decision given in a different case by [F39 the Upper Tribunal] or a court.

(2) If the relevant authority whose decision gave rise to appeal A consider it possible that the result of appeal B will be such that, if it were already determined, it would affect the determination of appeal A, they may serve notice requiring the [F40 First-tier Tribunal or Upper Tribunal]—

(a) not to determine appeal A but to refer it to them; or

(b) to deal with the appeal in accordance with sub-paragraph (4).

(3) Where appeal A is referred to the authority under sub-paragraph (2)(a), following the determination of appeal B and in accordance with that determination, they shall if appropriate—

(a) in a case where appeal A has not been determined by the [F41 First-tier Tribunal], revise (under paragraph 3) their decision which gave rise to that appeal; or

(b) in a case where appeal A has been determined by the [F41 First-tier Tribunal], make a decision (under paragraph 4) superseding the tribunal’s decision.

(4) Where appeal A is to be dealt with in accordance with this sub-paragraph, the [F42 First-tier Tribunal or Upper Tribunal] shall either—

(a) stay appeal A until appeal B is determined; or

(b) if the [F43 First-tier Tribunal or Upper Tribunal] considers it to be in the interests of the appellant to do so, determine appeal A as if—

(i) appeal B had already been determined; and

(ii) the issues arising on appeal B had been decided in the way that was most unfavourable to the appellant.

(5) Where the [F44 First-tier Tribunal or Upper Tribunal] acts in accordance with sub-paragraph (4)(b), following the determination of appeal B the relevant authority whose decision gave rise to appeal A shall, if appropriate, make a decision (under paragraph 4) superseding the decision of the [F45 First-tier Tribunal or Upper Tribunal] in accordance with that determination.

(6) For the purposes of this paragraph, an appeal against a decision is pending if—

(a) an appeal against the decision has been brought but not determined;

(b) an application for leave to appeal against the decision has been made but not determined; or

(c) the time within which—

(i) an application for leave to appeal may be made, or

(ii) an appeal against the decision may be brought,

has not expired and the circumstances are such as may be prescribed.

(7) In this paragraph—

(a) the reference in sub-paragraph (1)(a) to an appeal to [F46 the Upper Tribunal] includes a reference to an application for leave to appeal to a Commissioner;

(b) the reference in sub-paragraph (1)(b) to a different case—

(i) includes a reference to a case involving a different relevant authority; but

(ii) does not include a reference to a case relating to a different benefit unless the different benefit is housing benefit or council tax benefit; and

(c) any reference in paragraph (a), (b) or (c) of sub-paragraph (6) to an appeal, or to an application for leave to appeal, against a decision includes a reference to—

(i) an application for judicial review of the decision under section 31 of the M4 Supreme Court Act 1981 or for leave to apply for judicial review; or

(ii) an application to the supervisory jurisdiction of the Court of Session in respect of the decision.

(8) In sub-paragraph (4) “the appellant” means the person who appealed or, as the case may be, first appealed against the decision mentioned in sub-paragraph (1)(a).

(9) Regulations may make provision supplementing the provision made by this paragraph.

Textual Amendments

F38 Words in Sch. 7 para. 17(1)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(12)(a)(i)

F39 Words in Sch. 7 para. 17(1)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(12)(a)(ii)

F40 Words in Sch. 7 para. 17(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(12)(b)

F41 Words in Sch. 7 para. 17(3)(a)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(12)(c)

F42 Words in Sch. 7 para. 17(4) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(12)(d)(i)

F43 Words in Sch. 7 para. 17(4)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(12)(d)(ii)

F44 Words in Sch. 7 para. 17(5) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(12)(e)(i)

F45 Words in Sch. 7 para. 17(5) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(12)(e)(ii)

F46 Words in Sch. 7 para. 17(7)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(12)(f)

Marginal Citations

M4 1981 c. 54.

Restrictions on entitlement to benefit in certain cases of error E+W+S

18 (1) Subject to sub-paragraph (2), this paragraph applies where— E+W+S

(a) the effect of the determination, whenever made, of an appeal [F47 to the Upper Tribunal] or the court (“the relevant determination”) is that the relevant authority’s decision out of which the appeal arose was erroneous in point of law; and

(b) after the date of the relevant determination a decision falls to be made by that relevant authority or another relevant authority in accordance with that determination (or would, apart from this paragraph, fall to be so made)—

(i) in relation to a claim for housing benefit or council tax benefit;

(ii) as to whether to revise, under paragraph 3, a decision as to a person’s entitlement to such a benefit; or

(iii) on an application made under paragraph 4 for a decision as to a person’s entitlement to such a benefit to be superseded.

(2) This paragraph does not apply where the decision mentioned in sub-paragraph (1)(b)—

(a) is one which, but for paragraph 16(2) or (3)(a), would have been made before the date of the relevant determination; or

(b) is one made in pursuance of paragraph 17(3) or (5).

(3) In so far as the decision relates to a person’s entitlement to benefit in respect of a period before the date of the relevant determination, it shall be made as if the relevant authority’s decision had been found by [F48 the Upper Tribunal] or court not to have been erroneous in point of law.

(4) Sub-paragraph (1)(a) shall be read as including a case where—

(a) the effect of the relevant determination is that part or all of a purported regulation or order is invalid; and

(b) the error of law made by the relevant authority was to act on the basis that the purported regulation or order (or the part held to be invalid) was valid.

(5) It is immaterial for the purposes of sub-paragraph (1)—

(a) where such a decision as is mentioned in paragraph (b)(i) falls to be made, whether the claim was made before or after the date of the relevant determination;

(b) where such a decision as is mentioned in paragraph (b)(ii) or (iii) falls to be made on an application under paragraph 3 or (as the case may be) 4, whether the application was made before or after that date.

(6) In this paragraph “the court” means—

(a) the High Court;

(b) the Court of Appeal;

(c) the Court of Session;

[F49 (d) the Supreme Court; or]

(e) the Court of Justice of the [F50 European Union].

(7) For the purposes of this paragraph, any reference to entitlement to benefit includes a reference to entitlement—

(a) to any increase in the rate of a benefit; or

(b) to a benefit, or increase of benefit, at a particular rate.

(8) The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this paragraph in accordance with any regulations made for that purpose.

(9) Regulations made under sub-paragraph (8) may include provision—

(a) for a determination of a higher court to be treated as if it had been made on the date of a determination by a lower court or by [F51 the Upper Tribunal]; or

(b) for a determination of a lower court or of [F51 the Upper Tribunal] to be treated as if it had been made on the date of a determination by a higher court.

Textual Amendments

F47 Words in Sch. 7 para. 18(1)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(13)(a)

F48 Words in Sch. 7 para. 18(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(13)(b)

F49 Sch. 7 para. 18(6)(d) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 72; S.I. 2009/1604, art. 2(d)

F50 Words in Sch. 7 para. 18 substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 4

F51 Words in Sch. 7 para. 18(9)(a)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(13)(c)

Commencement Information

I13 Sch. 7 para. 18 partly in force; Sch. 7 para. 18 not in force at Royal Assent see s. 86(2); Sch. 7 para. 18(1)(2)(a)(3)-(9) in force at 2.7.2001 by S.I. 2001/1252, art. 2(2)(a)(ii)

Correction of errors and setting aside of decisions E+W+S

19 (1) Regulations may make provision with respect to— E+W+S

(a) the correction of accidental errors in any decision or record of a decision made [F52 by the relevant authority] under or by virtue of any relevant provision; and

(b) F53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Nothing in sub-paragraph (1) shall be construed as derogating from any power to correct errors F54 . . . which is exercisable apart from regulations made by virtue of that sub-paragraph.

(3) In this paragraph “relevant provision” means—

(a) any of the provisions of this Schedule;

(b) any of the provisions of Part VII of the M5 Social Security Contributions and Benefits Act 1992 so far as they relate to housing benefit or council tax benefit; or

(c) any of the provisions of Part VIII of the M6 Administration Act or of any regulations under section 2A of that Act, so far as the provisions or regulations relate to, or to arrangements for, housing benefit or council tax benefit.

Textual Amendments

F52 Words in Sch. 7 para. 19(1)(a) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(14)(a)(i)

F53 Sch. 7 para. 19(1)(b) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(14)(a)(ii)

F54 Words in Sch. 7 para. 19(2) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(14)(b)

Commencement Information

I14 Sch. 7 para. 19 wholly in force at 2.7.2001; Sch. 7 para. 19 not in force at Royal Assent see s. 86(2)(3)(a); Sch. 7 para. 19 in force for certain purposes at 1.11.2000 by S.I. 2000/2950, art. 3(c); Sch. 7 para. 19 in force in so far as not already in force at 2.7.2001 by S.I. 2001/1252, art. 2(2)(a)(iii)

Marginal Citations

M5 1992 c. 4.

M6 1992 c. 4.

Regulations E+W+S

20 (1) The power to make regulations under this Schedule shall be[F55 exercisable by the Secretary of State] E+W+S

(2) Any power conferred by this Schedule to make regulations shall include power to make different provision for different areas or different relevant authorities.

(3) Subsections (3) to (7) of section 79 of the M7 Social Security Act 1998 (supplemental provision in connection with powers to make subordinate legislation under that Act) shall apply to any power to make regulations under this Schedule as they apply to any power to make regulations under that Act.

(4) A statutory instrument containing (whether alone or with other provisions) regulations under paragraph 6(2)(e) or (4) shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.

(5) A statutory instrument—

(a) which contains (whether alone or with other provisions) regulations made under this Schedule, and

(b) which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) F56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F55 Words in Sch. 7 para. 20(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(15)(a)

F56 Sch. 7 para. 20(6) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(15)(b)

Commencement Information

I15 Sch. 7 para. 20 wholly in force at. 2.7.2001; Sch. 7 para. 20 not in force at Royal Assent see s. 86(2)(3)(a); Sch. 7 para. 20 in force for certain purposes at 1.11.2000 by S.I. 2000/2950, art. 3(c); Sch. 7 para. 20 in force at 2.7.2001in so far as not already in force by S.I. 2001/1252, art. 2(2)(a)(iii)

Marginal Citations

M7 1998 c. 14.

Consequential amendments of the Administration Act E+W+S

21 (1) In section 5(1)(hh) of the Administration Act (regulations about claims for and payments of benefit)— E+W+S

(a) in sub-paragraph (i), after “1998” there shall be inserted “or, as the case may be, under paragraph 3 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000”; and

(b) in sub-paragraph (ii), after “Act” there shall be inserted “or, as the case may be, paragraph 4 of that Schedule”.

(2) In section 6(1) of the Administration Act (regulations about claims for and payments of council tax benefit), after paragraph (h) there shall be inserted—

“(hh) for requiring such person as may be prescribed in accordance with the regulations to furnish any information or evidence needed for a determination whether a decision on an award of a benefit—

(i) should be revised under paragraph 3 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000; or

(ii) should be superseded under paragraph 4 of that Schedule;”.

Commencement Information

I16 Sch. 7 para. 21 wholly in force at 2.7.2001; Sch. 7 para. 21 not in force at Royal Assent see s. 86(2)(3)(a); Sch. 7 para. 21 in force for certain purposes at 1.11.2000 by S.I. 2000/2950, art. 3(c); Sch. 7 para. 21 in force in so far as not already in force at 2.7.2001 by S.I. 2001/1252, art. 2(2)(a)(iii)

Consequential amendments of the Social Security Act 1998 E+W+S

22 (1) Section 34(4) and (5) and section 35 of the M8 Social Security Act 1998 (regulations for the determination of claims and reviews of housing benefit and council tax benefit and for the suspension of those benefits) shall cease to have effect. E+W+S

(2) F57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57 Words in Sch. 7 para. 22(2)(3) repealed (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 228(h)

Commencement Information

I17 Sch. 7 para. 22 partly in force; Sch. 7 para. 22 not in force at Royal Assent see s. 86(2); Sch. 7 para. 22(1) in force for certain purposes and Sch. 7 para. 22(2)(3) in force at 2.7.2001 by S.I. 2001/1252, art. 2(2)(a)(iv)(v)

Marginal Citations

M8 1998 c. 14.

Interpretation E+W+S

23 (1) In this Schedule— E+W+S

• “the Administration Act” means the M9 Social Security Administration Act 1992;

• “affected” shall be construed subject to any regulations under sub-paragraph (2);

• F58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “prescribed” means prescribed by regulations under this Schedule;

• “relevant authority” has the meaning given by paragraph 1(1);

• “relevant decision” has the meaning given by paragraph 1(2).

(2) Regulations may make provision specifying the circumstances in which a person is or is not to be treated for the purposes of this Schedule as a person who is affected by any decision of a relevant authority.

(3) For the purposes of this Schedule any decision that is made or falls to be made—

(a) by a person authorised to carry out any function of a relevant authority relating to housing benefit or council tax benefit, or

(b) by a person providing services relating to housing benefit or council tax benefit directly or indirectly to a relevant authority,

shall be treated as a decision of the relevant authority on whose behalf the function is carried out or, as the case may be, to whom those services are provided.]

Textual Amendments

F58 Sch. 7 para. 23: definitions omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(16)

Commencement Information

I18 Sch. 7 para. 23 wholly in force at. 2.7.2001; Sch. 7 para. 23 not in force at Royal Assent see s. 86(2)(3)(a); Sch. 7 para. 23 in force for certain purposes at 1.11.2000 by S.I. 2000/2950, art. 3(c); Sch. 7 para. 23 in force at 2.7.2001 in so far as not already in force by S.I. 2001/1252, art. 2(2)(a)(v)

Marginal Citations

M9 1992 c. 5.