Part IDecisions and Appeals
C1C2C3C4C5C6C7C8Chapter IISocial Security Decisions and Appeals
Pt. 1 Ch. 2: power to apply and exclude conferred (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 23(1), 28(3) (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)
Pt. 1 Ch. 2 applied (with modifications) by Pension Schemes Act 1993 (c. 48), s. 171(2)(3) (as substituted (5.7.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 19(3) (with Sch. 8); S.I. 1999/1662, art 2(b), Sch. Pt. 2 (with art. 4))
Pt. 1 Ch. 2 modified (1.9.1999) by The Child Benefit (Northern Ireland Reciprocal Arrangements) Amendment Regulations 1999 (S.I. 1999/2225), regs. 1(1), 2(2), Sch.
Pt. 1 Ch. 2 modified (1.9.1999) by The Social Security (Northern Ireland Reciprocal Arrangements) Amendment Regulations 1999 (S.I. 1999/2227), regs. 1(1), 2(2), Sch.
Pt. 1 Ch. 2 modified (5.10.1999) by Tax Credits Act 1999 (c. 10), s. 20(2), Sch. 2 para. 21 (with s. 19)
Pt. 1 Ch. 2 power to apply (with modifications) conferred (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 52(4)(6)(g), 89(4)(a)
Pt. 1 Ch. 2 modified by Social Security Administration Act 1992 (c. 5), s. 2B(1)(3)-(8) (as inserted (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 57, 89(4)(a))
Housing benefit and council tax benefit
I134Determination 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.
Pt. 1 Ch. 2: power to transfer functions conferred (25.2.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 17, 28(2)(c) (with Sch. 8)