The Social Security and Child Support (Decisions and Appeals) Regulations 1999

Making of payments which have been suspended E+W+S

20.—(1) Subject to paragraphs (2) and (3), payment of a benefit suspended in accordance with regulation 16 [F1 or 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 [F2 or the Board are satisfied] that the benefit suspended is properly payable and no outstanding issues remain to be resolved;

(b) in a case to which regulation 16(3)(a)(iv) applies, the Secretary of State is satisfied [F2 or the Board are satisfied] that he has [F3 or they have] been notified of the address at which the person is residing;

F4 ( c ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (d) [F6 in 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. [F6 in 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.]]]

[F7 (2) Where regulation 16(3)(b)(i) applies, payment of a benefit suspended shall be made if the Secretary of State—

(a) does not, in the case of a decision of [F8 the First-tier Tribunal], apply for a statement of the reasons for that decision within the period [F9 specified under Tribunal Procedure Rules];

(b) does not, in the case of a decision of [F10 the First-tier Tribunal, the Upper Tribunal] or a court, make an application for [F11 permission] to appeal and (where [F11 permission] to appeal is granted) make the appeal within the time prescribed for the making of such applications and appeals;

(c) withdraws an application for [F12 permission] to appeal or the appeal; or

(d) is refused [F12 permission] to appeal, in circumstances where it is not open to him to renew the application for [F12 permission] or to make a further application for [F12 permission] to appeal.

(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 [F13 the Upper Tribunal] or the court in a different case—

(a) does not make an application for [F14 permission] to appeal and (where [F14 permission] to appeal is granted) make the appeal within the time prescribed for the making of such applications and appeals;

(b) withdraws an application for [F14 permission] to appeal or the appeal; or

(c) is refused [F14 permission] to appeal, in circumstances where it is not open to him to renew the application for [F14 permission] or to make a further application for [F14 permission] to appeal.]

(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 [F15 or the Board are satisfied] that it is no longer necessary for the person referred to in that regulation to submit to a medical examination.

Textual Amendments

F1 Words in reg. 20(1) inserted (5.7.1999) by The Social Security and Child Support (Decisions and Appeals) Amendment (No. 2) Regulations 1999 (S.I. 1999/1623) , regs. 1(1) , 6

F2 Words in reg. 20(1)(a)(b) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 15(2)

F3 Words in reg. 20(1)(b) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 15(3)

F4 Reg. 20(1)(c) omitted (19.6.2000) by virtue of The Social Security and Child Support (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/1596) , regs. 1(1) , 21(a)

F5 Reg. 20(1)(d) inserted (5.7.1999) by The Social Security and Child Support (Decisions and Appeals) Amendment (No. 2) Regulations 1999 (S.I. 1999/1623) , regs. 1(1) , 6

F6 Reg. 20(1)(d) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 15(4)

F7 Reg. 20(2)(3) substituted (19.6.2000) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/1596) , regs. 1(1) , 21(b)

F8 Words in reg. 20(2)(a) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 110(2)(a)(i)

F9 Words in reg. 20(2)(a) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 110(2)(a)(ii)

F10 Words in reg. 20(2)(b) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 110(2)(b)(i)

F11 Words in reg. 20(2)(b) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 110(2)(b)(ii)

F12 Words in reg. 20(2)(c)(d) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 110(2)(c)

F13 Words in reg. 20(3) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 110(3)(a)

F14 Words in reg. 20(3) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 110(3)(b)

F15 Words in reg. 20(4) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 15(2)