Part IDecisions and Appeals
C1C2C3C4C5C6C7C8C9C10C11C12C13C17Chapter 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))
Pt. 1 Ch. 2: power to apply conferred (8.7.2002) by Tax Credits Act 2002 (c. 21), ss. 61, 63(8)(a)
Pt. 1 Ch. 2 functions transferred (26.2.2003 for specified purposes, 1.4.2003 for specified purposes, 7.4.2003 in so far as not already in force) by Tax Credits Act 2002 (c. 21), ss. 50(2)(e), s. 61, Sch. 4 para. 15; S.I. 2003/392, art. 2
Pt. 1 Ch. 2 applied (8.7.2004) by Age-Related Payments Act 2004 (c. 10), s. 5(5)
Pt. 1 Ch. 2 applied (1.9.2005) by The Age-Related Payments Regulations 2005 (S.I. 2005/1983), regs. 1(1), 7(6)
Pt. 1 Ch. 2 modified (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 132(8), 170; S.I. 2008/3137, art. 2
Pt. 1 Ch. 2 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 16(2)(b), Sch. 2 para. 5
Suspension and termination of benefit
I1I5I9I13I17I21C1521Suspension in prescribed circumstances
1
Regulations may provide for—
a
suspending payments of a relevant benefit, in whole or in part, in prescribed circumstances;
b
the subsequent making in prescribed circumstances of any or all of the payments so suspended.
2
Regulations made under subsection (1) above may, in particular, make provision for any case where—
a
it appears to the Secretary of State that an issue arises whether the conditions for entitlement to a relevant benefit are or were fulfilled;
b
it appears to the Secretary of State that an issue arises whether a decision as to an award of a relevant benefit should be revised (under section 9 above) or superseded (under section 10 above);
c
an appeal is pending against a decision of F3the First-tier Tribunal, the Upper Tribunal or a court; or
d
an appeal is pending against the decision given in a different case by F4the Upper Tribunal or a court, and it appears to the Secretary of State that if the appeal were to be determined in a particular way an issue would arise whether the award of a relevant benefit (whether the same benefit or not) in the case itself ought to be revised or superseded.
3
For the purposes of subsection (2) above, an appeal against a decision is pending if—
a
an appeal against the decision has been brought but not determined;
b
an application for F5permission to appeal against the decision has been made but not determined; or
c
in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for F6permission to appeal against the decision has not been made) but the time for doing so has not yet expired.
F14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2I6I10I14I18I22C1422Suspension for failure to furnish information etc
1
The powers conferred by this section are exercisable in relation to persons who fail to comply with information requirements.
2
Regulations may provide for—
a
suspending payments of a relevant benefit, in whole or in part;
b
the subsequent making in prescribed circumstances of any or all of the payments so suspended.
3
In this section and section 23 below “information requirement” means a requirement, made in pursuance of regulations under F7section 5(1A) of the Administration Act, to furnish information or evidence needed for a determination whether a decision on an award of benefit to which that section applies should be revised under section 9 or superseded under section 10 above.
F24
Subsection (3A) of section 5 of the Administration Act (which glosses paragraph (hh) in the case of state pension credit) shall apply in relation to subsection (3) above as it applies in relation to paragraph (hh) of subsection (1) of that section.
I3I7I11I15I19I23C1623Termination in cases of failure to furnish information
Regulations may provide that, except in prescribed cases or circumstances, a person—
a
whose benefit has been suspended in accordance with regulations under section 21 above and who subsequently fails to comply with an information requirement; or
b
whose benefit has been suspended in accordance with regulations under section 22 above 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.
I4I8I12I16I20I2424Suspension and termination for failure to submit to medical examination
Regulations may make provision—
a
enabling the Secretary of State to require a person to whom a relevant benefit has been awarded to submit to medical examination;
b
for suspending payments of benefit, in whole or in part, in a case of a person who fails to submit himself to a medical examination to which he is required to submit in accordance with regulations under paragraph (a) above;
c
for the subsequent making in prescribed circumstances of any or all of the payments so suspended;
d
for entitlement to the benefit to cease, except in prescribed cases or circumstances, from a date not earlier than the date on which payments were suspended.
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)