F31 PART III SUSPENSION, TERMINATION AND OTHER MATTERS
C1CHAPTER ISUSPENSION AND TERMINATION
Pt. 3 Ch. 1 applied (5.10.1999) by The Social Security Act 1998 (Commencement No. 10 and Transitional Provisions) Order 1999 (S.I. 1999/2739), art. 3, Sch. 2 para. 13
Suspension in prescribed cases16
1
Subject to paragraph (2), the Secretary of State F4or the Board may suspend payment of a relevant benefit, in whole or in part, in the circumstances prescribed in paragraph (3).
2
The Secretary of State shall suspend payment of a jobseeker’s allowance in the circumstances prescribed in paragraph (3)(a)(i) or (ii) where the issue or one of the issues is whether a person, who has claimed a jobseeker’s allowance, is or was available for employment or whether he is or was actively seeking employment.
3
The prescribed circumstances are that—
a
it appears to the Secretary of State F5or the Board that—
i
an issue arises whether the conditions for entitlement to a relevant benefit are or were fulfilled;
ii
an issue arises whether a decision as to an award of a relevant benefit should be revised under section 9 or superseded under section 10;
iii
an issue arises whether any amount paid or payable to a person by way of, or in connection with a claim for, a relevant benefit is recoverable under section 71 (overpayments), 71A (recovery of jobseeker’s allowance: severe hardship cases M1 ) or 74 (income support and other payments) of the Administration Act or regulations made under any of those sections; or
iv
the last address notified to him F6or them of a person who is in receipt of a relevant benefit is not the address at which that person is residing; or
b
an appeal is pending against—
i
a decision of F36the First-tier Tribunal, the Upper Tribunal or a court;
ii
a decision given in a different case by F37the Upper Tribunal or a court, and it appears to the Secretary of State F7or the Board that, if the appeal were to be determined in a particular way, an issue would arise as to whether the award of a relevant benefit (whether the same benefit or not) in the case itself ought to be revised or superseded.
F254
For the purposes of section 21(3)(c) an appeal is pending where a decision of F38the First-tier Tribunal, the Upper Tribunal or a court has been made and the Secretary of State—
a
is awaiting receipt of that decision or (in the case of F39a decision of the First-tier Tribunal) is considering whether to apply for a statement of the reasons for it, or has applied for such a statement and is awaiting receipt thereof; or
b
and the Secretary of State shall give written notice of his proposal to make a request for a statement of the reasons for a tribunal decision, to apply for F41permission to appeal, or to appeal, as soon as reasonably practicable.
Provision of information or evidence17
F31
This regulation applies where the Secretary of State requires information or evidence for a determination whether a decision awarding a relevant benefit should be—
a
revised under section 9; or
b
superseded under section 10.
2
For the purposes of paragraph (1), the following persons must satisfy the requirements of paragraph (4)—
a
a person in respect of whom payment of a benefit has been suspended in the circumstances prescribed in regulation 16(3)(a);
b
a person who has made an application for a decision of the Secretary of State to be revised or superseded;
F54c
a person from whom the Secretary of State requires information or evidence under regulation 32(1) of the Claims and Payments Regulations;
ca
a person from whom the Secretary of State requires documents, certificates or other evidence under regulation 24(5) or (5A) of the Jobseeker’s Allowance Regulations;
d
a person who qualifies for income support by virtue of paragraph 7 of Schedule 1B to the Income Support Regulations
M2
;
e
a person whose entitlement to benefit is conditional upon his being, or being treated as, incapable of work.
F33f
a person whose entitlement to an employment and support allowance is conditional on his having, or being treated as having, limited capability for work.
3
The Secretary of State shall notify any person to whom paragraph (2) refers of the requirements of this regulation.
4
A person to whom paragraph (2) refers must either—
a
supply the information or evidence within—
F55i
a period of 14 days beginning with the date on which the notification under paragraph (3) was sent to him or such longer period as the Secretary of State allows in that notification; or
ii
such longer period as he satisfies the Secretary of State is necessary in order to enable him to comply with the requirement; or
b
satisfy the Secretary of State within the F56period applicable under sub-paragraph (a)(i) that either—
i
the information or evidence required of him does not exist; or
ii
that it is not possible for him to obtain it.
F574A
In relation to a person to whom paragraph (2)(ca) refers, paragraph (4)(a)(i) has effect as if for “14 days” there were substituted “7 days”.
5
The Secretary of State may suspend the payment of a relevant benefit, in whole or in part, to any person to whom paragraph (2)(b) to F53(f) applies who fails to satisfy the requirements of paragraph (4).
6
In this regulation, “evidence” includes evidence which a person is required to provide in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976
M3
.
F31
This regulation applies where the Board require information or evidence for a determination whether a decision awarding tax credit should be—
a
revised under section 9; or
b
superseded under section 10.
2
The relevant person shall furnish such certificates, documents, information and evidence as may be required by the Board for the purposes of paragraph (1), and shall do so within one month of being required to do so or such longer period as the Board may consider reasonable.
3
In paragraph (2) “the relevant person” means any of the following—
a
the claimant concerned;
b
where the tax credit could have been claimed by either of two partners or where entitlement to or the amount of the tax credit was affected or liable to be affected by the circumstances of either partner, the partner other than the claimant;
c
the employer of the claimant or, where sub-paragraph (b) applies, the employer of the partner other than the claimant.
4
Where the claimant or any partner of the claimant is aged not less than 60 and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, the claimant shall, where the Board so require and within one month of being required to do so or such longer period as the Board may consider reasonable, furnish the following information—
a
the name and address of the pension fund holder;
b
such other information, including any reference number or policy number, as is needed to enable the personal pension scheme or retirement annuity contract to be identified.
5
A pension fund holder to whom paragraph (4) applies shall, where the Board so require and within one month of being required to do so or such longer period as the Board may consider reasonable, provide the Board with the information specified in paragraph (6).
6
The information referred to in this paragraph is—
a
where the purchase of an annuity under a personal pension scheme has been deferred, the amount of any income which is being withdrawn from the personal pension scheme;
b
in the case of—
i
a personal pension scheme where income withdrawal is available, the maximum amount of income which may be withdrawn from the scheme; or
ii
a personal pension scheme where income withdrawal is not available, or a retirement annuity contract, the maximum amount of income which might be withdrawn from the fund if the fund were held under a personal pension scheme where income withdrawal was available,
calculated by or on behalf of the pension fund holder by means of tables prepared from time to time by the Government Actuary which are appropriate for this purpose.
7
Every person providing childcare in respect of which a claimant to whom regulation 46A of the Family Credit (General) Regulations 1987 applies is incurring relevant childcare charges (within the meaning of that regulation), including a person providing childcare on behalf of a school, local authority, childcare scheme or establishment within paragraph (2)(b), (c) or (d) of that regulation, shall furnish such certificates, documents, information and evidence as may be required by the Board for the purposes of paragraph (1), and shall do so within one month of being required to do so or such longer period as the Board may consider reasonable.
Termination in cases of failure to furnish information or evidence18
F31
Subject to paragraphs (2), (3) and (4), the Secretary of State shall decide that where a person—
a
whose benefit has been suspended in accordance with regulation 16 and who subsequently fails to comply with an information requirement made in pursuance of regulation 17; or
b
whose benefit has been suspended in accordance with regulation 17(5),
that person shall cease to be entitled to that benefit from the date on which payment was suspended except where entitlement to benefit ceases on an earlier date other than under this regulation.
2
Paragraph (1)(a) shall not apply where not more than one month has elapsed since the information requirement was made in pursuance of regulation 17.
3
Paragraph (1)(b) shall not apply where not more than one month has elapsed since the first payment was suspended in accordance with regulation 17.
4
Paragraph (1) shall not apply where benefit has been suspended in part under regulation 16 or, as the case may be, regulation 17.
F31
Where a claimant—
a
is required by the Board under regulation 17 to furnish information, or evidence, and
b
fails to do so within the period specified by the Board in accordance with that regulation (“the suspension period”),
the Board may, subject to paragraphs (3) and (4), decide to suspend payment of tax credit to or on behalf of the claimant in whole or in part.
2
Where either—
a
a claimant whose benefit has been suspended in whole or in part in accordance with regulation 16 subsequently fails to comply with a requirement for information or evidence made under regulation 17, within the suspension period, or within the period of one month immediately following the suspension period; or
b
i
a claimant has been required by the Board under regulation 17 to furnish information or evidence,
ii
the claimant has failed to do so within the suspension period and within the period of one month immediately following the suspension period, and
iii
the Board have suspended payment of tax credit to or on behalf of the claimant in whole or in part in accordance with paragraph (1) of this regulation,
the Board may, subject to paragraphs (3) to (5), decide that the claimant shall cease to be entitled to payment of tax credit with effect from a date not earlier than the date on which payment of tax credit was suspended.
3
No decision shall be taken by the Board pursuant to paragraph (1) or (2) where—
a
the failure to furnish information has been remedied; or
b
the Board have allowed a further period of time (in addition to the suspension period or the period of one month referred to in paragraph (2)(a) or (b)(ii)) within which the claimant is required to furnish the information and the claimant has furnished the information within that further period.
4
For the purposes of paragraphs (1) and (2), a claimant shall be deemed not to have failed to furnish information within the suspension period or within the period of one month referred to in paragraph (2)(a) or (b)(ii) if he had a reasonable excuse and that excuse has not ceased; and, where that excuse has ceased, he shall be deemed not to have failed to furnish information within either of those periods for those purposes if he furnished the information without unreasonable delay after the excuse had ceased.
5
No decision shall be taken by the Board pursuant to paragraph (2) unless payment of the whole of the relevant tax credit to or on behalf of the claimant has been suspended, under regulation 16 or 17 or both of those regulations.
Suspension and termination for failure to submit to medical examination19
1
Except where regulation 8 of the Social Security (Incapacity for Work) (General) Regulations 1995 M4F34... (where a question arises as to whether a person is capable of work) F35or regulation 23 of the Employment and Support Allowance Regulations (where a question arises whether a person has limited capability for work) applies, the Secretary of State F8or the Board may require a person to submit to a medical examination by a F32health care professional approved by the Secretary of State where that person is in receipt of a relevant benefit, and either—
a
2
The Secretary of State F13or the Board may suspend payment of a relevant benefit in whole or in part, to a person who fails, without good cause, on two consecutive occasions to submit to a medical examination in accordance with requirements under paragraph (1) except where entitlement to benefit is suspended on an earlier date other than under this regulation.
3
Subject to paragraph (4), the Secretary of State F13or the Board may determine that the entitlement to a relevant benefit of a person, in respect of whom payment of such a benefit has been suspended under paragraph (2), shall cease from a date not earlier than the date on which payment was suspended except where entitlement to benefit ceases on an earlier date other than under this regulation.
4
Paragraph (3) shall not apply where not more than one month has elapsed since the first payment was suspended under paragraph (2).
Making of payments which have been suspended20
1
Subject to paragraphs (2) and (3), payment of a benefit suspended in accordance with regulation 16 F1or 17 shall be made where—
a
in a case to which regulation 16(2) or (3)(a)(i) to (iii) applies, the Secretary of State is satisfied F14or the Board are satisfied that the benefit suspended is properly payable and no outstanding issues remain to be resolved;
b
F26 c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2d
F17in a case to which regulation 17(5) applies, the Secretary of State is satisfied that the benefit suspended is properly payable and the requirements of regulation 17(4) have been satisfied. F17in a case to which regulation 18(1) applies, the Board are satisfied that the benefit suspended is properly payable and the requirements of regulation 17(2), (4), (5) or (7) have been satisfied.
F272
Where regulation 16(3)(b)(i) applies, payment of a benefit suspended shall be made if the Secretary of State—
a
b
c
withdraws an application for F46permission to appeal or the appeal; or
3
Where regulation 16(3)(b)(ii) applies, payment of a benefit suspended shall be made if the Secretary of State, in relation to the decision of F47the Upper Tribunal or the court in a different case—
a
b
withdraws an application for F48permission to appeal or the appeal; or
4
Payment of benefit which has been suspended in accordance with regulation 19 for failure to submit to a medical examination shall be made where the Secretary of State is satisfied F16or the Board are satisfied that it is no longer necessary for the person referred to in that regulation to submit to a medical examination.
CHAPTER IIOTHER MATTERS
Decisions involving issues that arise on appeal in other cases21
1
For the purposes of section 25(3)(b) (prescribed cases and circumstances in which a decision may be made on a prescribed basis) a case which satisfies the condition in paragraph (2) is a prescribed case.
2
The condition is that the claimant would be entitled to the benefit to which the decision which falls to be made relates, even if the appeal in the other case referred to in section 25(1)(b) were decided in a way which is the most unfavourable to him.
3
For the purposes of section 25(3)(b), the prescribed basis on which the Secretary of State F18or the Board may make the decision is as if—
a
the appeal in the other case which is referred to in section 25(1)(b) had already been determined; and
b
that appeal had been decided in a way which is the most unfavourable to the claimant.
4
The circumstance prescribed under section 25(5)(c), where an appeal is pending against a decision for the purposes of that section, even though an appeal against the decision has not been brought (or, as the case may be, an application for F49permission to appeal against the decision has not been made) but the time for doing so has not yet expired, is where the Secretary of State F19or the Board—
a
certifies in writing that he is F20, or certify in writing that they are, considering appealing against that decision; and
b
considers F21, or consider, that, if such an appeal were to be determined in a particular way—
i
there would be no entitlement to benefit in a case to which section 25(1)(a) refers; or
ii
the appeal would affect the decision in that case in some other way.
Appeals involving issues that arise in other cases22
The circumstance prescribed under section 26(6)(c), where an appeal is pending against a decision in the case described in section 26(1)(b) even though an appeal against the decision has not been brought (or, as the case may be, an application for F50permission to appeal against the decision has not been made) but the time for doing so has not yet expired, is where the Secretary of State F22or the Board—
a
certifies in writing that he is F23, or certify in writing that they are, considering appealing against that decision; and
b
considers F24, or consider, that, if such an appeal were already determined, it would affect the determination of the appeal described in section 26(1)(a).
Child support decisions involving issues that arise on appeal in other cases23
F621
For the purposes of section 28ZA(2)(b) of the Child Support Act
M5
(prescribed cases and circumstances in which a decision may be made on a prescribed basis), a case which satisfies either of the conditions in paragraph (2) is a prescribed case.
2
The conditions referred to in paragraph (1) are that—
a
if a decision were not made on the basis prescribed in paragraph (3), the parent with care would become entitled to income support if a claim were made, or to an increased amount of that benefit;
b
the F28non-resident parent is an employed earner or a self-employed earner.
3
For the purposes of section 28ZA(2)(b) of the Child Support Act, the prescribed basis on which the F58Secretary of State may make the decision is as if—
a
the appeal in relation to the different maintenance F30calculation, which is referred to in section 28ZA(1)(b) of that Act had already been determined; and
b
that appeal had been decided in a way that was the most unfavourable to the applicant for the decision mentioned in section 28ZA(1)(a) of that Act.
4
The circumstances prescribed under section 28ZA(4)(c) of the Child Support Act (where an appeal is pending against a decision for the purposes of that section, even though an appeal against the decision has not been brought or, as the case may be, an application for F51permission to appeal against the decision has not been made but the time for doing so has not expired), are that the F59Secretary of State—
a
certifies in writing that F59the Secretary of State is considering appealing against that decision; and
b
F59the Secretary of State considers that, if such an appeal were to be determined in a particular way—
i
there would be no liability for child support maintenance, or
ii
such liability would be less than would be the case were an appeal not made.
5
In this regulation—
“F29non-resident parent” and “parent with care” have the same meaning as in section 54 of the Child Support Act;“employed earner” and “self-employed earner” have the same meaning as in section 2(1) of the Contributions and Benefits Act.
Child support appeals involving issues that arise in other cases24
F63
The circumstances prescribed under section 28ZB(6)(c) of the Child Support Act
M6
, where an appeal is pending against a decision in the case described in section 28ZB(1)(b) even though an appeal against the decision has not been brought (or, as the case may be, an application for
F52permission
to appeal against the decision has not been made), is where the
F60Secretary of State
—
a
certifies in writing that F61the Secretary of State is considering appealing against that decision, and
b
considers that, if such an appeal were already determined, it would affect the determination of the appeal described in section 28ZB(1)(a).
Pts. II III IV revoked (7.4.2003 for specified purposes and with effect in accordance with reg. 1(2)) by The Child Benefit and Guardian s Allowance (Decisions and Appeals) Regulations 2003 (S.I. 2003/916) , regs. 1(1) , 34(a) (with reg. 35 )