The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

Cases where a relevant authority may suspend E+W+S

11.—(1) A relevant authority may suspend, in whole or in part—

(a) any payment of housing benefit or council tax benefit;

(b) any reduction (by way of council tax benefit) in the amount that a person is or will become liable to pay in respect of council tax,

in the circumstances prescribed in paragraph (2 ).

(2) The prescribed circumstances are where—

(a) it appears to the relevant authority that an issue arises whether—

(i) the conditions for entitlement to housing benefit or council tax benefit are or were fulfilled; or

(ii) a decision as to an award of such a benefit should be revised under paragraph 3 of Schedule 7 to the Act or superseded under paragraph 4 of that Schedule;

(b) an appeal is pending against—

(i) a decision of [F1 the First-tier Tribunal, the Upper Tribunal] or a court; or

(ii) a decision given by [F2 the Upper Tribunal] or a court in a different case, and it appears to the relevant authority that if the appeal were to be determined in a particular way an issue would arise whether the award of housing benefit or council tax benefit in the case itself ought to be revised or superseded; or

(c) an issue arises whether—

(i) an amount of housing benefit is recoverable under section 75 (overpayments) of the Administration Act or regulations made under that section; or

(ii) an excess payment of council tax benefit under section 76 of the Administration Act or regulations made under that section has occurred.

[F3 (3) For the purposes of paragraph 13(3)(c) of Schedule 7 to the Act the prescribed circumstances are that a decision of an appeal tribunal, a Commissioner or a court has been made and the relevant authority—

(a) is waiting to receive that decision, or in the case of an appeal tribunal decision, is considering whether to apply for a statement of reasons for it, or has applied for such a statement and is waiting to receive it; or

(b) has received that decision or, in the case of an appeal tribunal decision, the statement of reasons for it, and is considering whether to apply for leave to appeal, or where leave to appeal has been granted, is considering whether to appeal,

and the relevant authority shall as soon as reasonably practicable give written notice of its intention to apply for a statement of the reasons for a tribunal decision, to apply for leave to appeal, or to appeal.]

Textual Amendments

F1 Words in reg. 11(2)(b)(i) 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. 157(a)

F2 Words in reg. 11(2)(b)(ii) 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. 157(b)

F3 Reg. 11(3) added (30.10.2008) by Social Security (Miscellaneous Amendments) (No.5) Regulations 2008 (S.I. 2008/2667), regs. 1, 4(2)