F9 PART III SUSPENSION, TERMINATION AND OTHER MATTERS

Annotations:
Amendments (Textual)
F9

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 )

C1CHAPTER ISUSPENSION AND TERMINATION

Annotations:
Modifications etc. (not altering text)

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 F3or 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 F3or the Board are satisfied that he has F4or they have been notified of the address at which the person is residing;

F7 c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2d

F6in 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. F6in 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.

F82

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 F10the First-tier Tribunal, apply for a statement of the reasons for that decision within the period F11specified under Tribunal Procedure Rules;

b

does not, in the case of a decision of F12the First-tier Tribunal, the Upper Tribunal or a court, make an application for F13permission to appeal and (where F13permission to appeal is granted) make the appeal within the time prescribed for the making of such applications and appeals;

c

withdraws an application for F14permission to appeal or the appeal; or

d

is refused F14permission to appeal, in circumstances where it is not open to him to renew the application for F14permission or to make a further application for F14permission 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 F15the Upper Tribunal or the court in a different case—

a

does not make an application for F16permission to appeal and (where F16permission to appeal is granted) make the appeal within the time prescribed for the making of such applications and appeals;

b

withdraws an application for F16permission to appeal or the appeal; or

c

is refused F16permission to appeal, in circumstances where it is not open to him to renew the application for F16permission or to make a further application for F16permission 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 F5or the Board are satisfied that it is no longer necessary for the person referred to in that regulation to submit to a medical examination.