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F1 PART III E+W+S SUSPENSION, TERMINATION AND OTHER MATTERS

Textual Amendments

F1 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 )

CHAPTER IE+W+SSUSPENSION AND TERMINATION

Modifications etc. (not altering text)

Making of payments which have been suspendedE+W+S

20.—(1) Subject to paragraphs (2) and (3), payment of a benefit suspended in accordance with regulation 16 [F2or 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;

F5( c ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(d)[F7in 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. [F7in 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.]]]

[F8(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 [F9the First-tier Tribunal], apply for a statement of the reasons for that decision within the period [F10specified under Tribunal Procedure Rules];

(b)does not, in the case of a decision of [F11the First-tier Tribunal, the Upper Tribunal] or a court, make an application for [F12permission] to appeal and (where [F12permission] to appeal is granted) make the appeal within the time prescribed for the making of such applications and appeals;

(c)withdraws an application for [F13permission] to appeal or the appeal; or

(d)is refused [F13permission] to appeal, in circumstances where it is not open to him to renew the application for [F13permission] or to make a further application for [F13permission] 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 [F14the Upper Tribunal] or the court in a different case—

(a)does not make an application for [F15permission] to appeal and (where [F15permission] to appeal is granted) make the appeal within the time prescribed for the making of such applications and appeals;

(b)withdraws an application for [F15permission] to appeal or the appeal; or

(c)is refused [F15permission] to appeal, in circumstances where it is not open to him to renew the application for [F15permission] or to make a further application for [F15permission] 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 [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.

Textual Amendments

F3 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)

F4 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)

F7 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)

F16 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)