Part IDecisions and Appeals
Chapter IISocial Security Decisions and Appeals
Housing benefit and council tax benefit
34Determination of claims and reviews
1
Regulations shall provide that, where a person claims—
a
housing benefit; or
b
council tax benefit,
the authority to whom the claim is made shall notify the person of its determination of the claim.
2
Any such notification shall be given in such form as may be prescribed.
3
Regulations may make provision requiring authorities to whom claims for housing benefit or council tax benefit are made by, or in respect of, persons who have been entitled to a jobseeker’s allowance or to income support to give priority, in prescribed circumstances, to those claims over other claims for any such benefit.
4
Regulations shall make provision for reviews of determinations relating to housing benefit or council tax benefit.
5
Regulations may make provision as respects matters arising out of the revision on review of such determinations.
35Suspension of benefit in prescribed circumstances
1
Regulations may provide for—
a
suspending in prescribed circumstances, in whole or in part—
i
payments of housing benefit or council tax benefit; or
ii
any right (exercisable by way of council tax benefit) to make a reduction in the amount that a person is or becomes liable to pay in respect of council tax;
b
the subsequent making, or restoring, in prescribed circumstances of any or all of the payments, or any right, so suspended.
2
Regulations made under subsection (1) above 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 authority that an issue arises whether the conditions for entitlement to the benefit are or were fulfilled;
b
it appears to the authority that an issue arises whether the determination of the claim should be reviewed in accordance with regulations made under section 34(4) above;
c
an appeal is pending to a court in relation to the determination of the claim; or
d
an appeal is pending to a court in relation to the determination (whether made by the authority or by any other authority) of a different claim for housing benefit or council tax benefit, and it appears to the authority that if the appeal were to be determined in a particular way an issue would arise whether the determination of the claim ought to be reviewed.
3
For the purposes of subsection (2) above, an appeal is pending to a court in England and Wales in relation to a determination if—
a
an application, or a renewed application, for leave to apply for judicial review of the determination has been made but not determined;
b
such leave has been granted but the application for judicial review has not been determined;
c
an appeal has been brought (or an application has been made for leave to appeal) against an order made on a judicial review of the determination, and the appeal (or application) has not been determined; or
d
in such circumstances as may be prescribed, the time for making an application or appeal such as is mentioned in paragraph (a) or (c) above has not yet expired.
4
For the purposes of subsection (2) above, an appeal is pending to a court in Scotland in relation to a determination if—
a
an application to the supervisory jurisdiction of the Court of Session has been made in respect of the determination and the application has not been determined;
b
an appeal has been brought against an order made on such an application and the appeal has not been determined;
c
in such circumstances as may be prescribed, an application such as is mentioned in paragraph (a) above has not been made in respect of the determination and a period prescribed for the purposes of this section for making such an application has not expired; or
d
in such circumstances as may be prescribed, the time for making an appeal such as is mentioned in paragraph (b) above has not yet expired.