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

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Point in time view as at 06/04/2006. This version of this provision has been superseded.

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Decisions superseding earlier decisionsE+W+S

7.—(1) Subject to the provisions in this regulation, the prescribed cases and circumstances in which a decision may be made under paragraph 4 of Schedule 7 to the Act (decisions superseding earlier decisions) are as set out in paragraph (2).

(2) The appropriate relevant authority may make a decision under paragraph 4 of Schedule 7 to the Act upon its own initiative or on an application made for the purpose on the basis that the decision to be superseded is a decision—

(a)in respect of which–

(i)there has been a change of circumstances [F1since the decision had effect ]; or

(ii)it is anticipated that a change of circumstances will occur;

(b)which is erroneous in point of law or made in ignorance of, or was based upon a mistake as to, some material fact provided that the decision—

(i)cannot be revised on the basis of that error, ignorance or mistake; and

(ii)is not a decision prescribed in regulations under paragraph 6(2)(e) or (4)(a) of Schedule 7 to the Act;

(c)which adopts a rent officer’s determination[F2, board and attendance determination, broad rental market area determination or local housing allowance determination] and in consequence of a rent officer’s redetermination, substitute determination [F3substitute redetermination, board and attendance redetermination, substitute board and attendance determination, substitute board and attendance redetermination, amended broad rental market area determination or amended local housing allowance determination] made under the Rent Officers (Housing Benefit Functions) Order 1997 or the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 the amount which represents the rent for the purposes of calculating entitlement to benefit is reduced;

(d)[F4of an appeal tribunal or of a Commissioner that was made in ignorance of, or was based upon a mistake as to, some material fact;]

[F4of an appeal tribunal or of a Commissioner—

(i)that was made in ignorance of, or was based upon a mistake as to, some material fact; or

(ii)that was made in accordance with paragraph 17(4)(b) of Schedule 7 to the Act, in a case where paragraph 17(5) of that Schedule to the Act applies;]

(e)which is prescribed in regulations made under paragraph 6(2)(e) or (4)(a) of Schedule 7 to the Act;

F5(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(g)which is affected by a decision of the Secretary of State that a sanctionable benefit payable to a claimant ceases to be payable or falls to be reduced under section 7 or 9 of the Social Security Fraud Act 2001 and for this purpose “sanctionable benefit” has the same meaning as in section 7 of that Act; or

(h)which is affected by a decision of the Secretary of State that a joint-claim jobseeker’s allowance ceases to be payable or falls to be reduced under section 8 of the Social Security Fraud Act 2001.]

[F7(i)where—

(i)the claimant has been awarded entitlement to housing benefit or council tax benefit; and

(ii)subsequent to the first day of the period to which that entitlement relates, the claimant or a member of his family becomes entitled to an award of a relevant benefit within the meaning of section 8(3) of the 1998 Act or an increase in the rate of that relevant benefit.]

[F8(j)where—

(i)the claimant or his partner makes, or is treated as having made, an election for a lump sum in accordance with—

(aa)paragraph A1 or 3C of Schedule 5 to the Contributions and Benefits Act;

(bb)paragraph 1 of Schedule 5A to that Act; or, as the case may be,

(cc) paragraph 12 or 17 of Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005;

(ii)such a lump sum is repaid in consequence of an application to change an election for a lump sum in accordance with regulation 5 of the Social Security (Deferral of Retirement Pensions, Shared Additional Pension and Graduated Retirement Benefit) (Miscellaneous Provisions) Regulations 2005 or, as the case may be, paragraph 20D of Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005.]

[F9(2ZA) An appropriate relevant authority may, upon its own initiative, make a decision under paragraph 4 of Schedule 7 to the Act in any case to which [F10regulation 14(1)(f) or (g) of the Housing Benefit Regulations or regulation 14(1)(f) or (g) of the Housing Benefit (State Pension Credit) Regulations] (requirement to refer to rent officers) applies.]

[F11(2A) An appropriate relevant authority may, upon its own initiative, make a decision under paragraph 4 of Schedule 7 to the Act in any case to which [F12regulation 14(1)(f) or (g) of the Housing Benefit Regulations or regulation 14(1)(f) or (g) of the Housing Benefit (State Pension Credit) Regulations] (requirement to refer to rent officers) applies.]

[F13(2B) The appropriate relevant authority may make a decision under paragraph 4 of Schedule 7 to the Act upon its own initiative on the basis that the decision to be superseded is a decision in respect of which the maximum housing benefit would cease to have effect by virtue of [F14“ regulation 11A of the Housing Benefit Regulations or regulation 11A of the Housing Benefit (State Pension Credit) Regulations (cases where maximum housing benefit expires)”;] but for the decision made in accordance with this regulation.

(2C) For the purposes of paragraph (2B) and paragraph (15) of regulation 8 “maximum housing benefit” means the maximum housing benefit determined in accordance with regulations made under section 130(4) of the Social Security Contributions and Benefits Act 1992.]

(3) The reference to a change of circumstances in paragraph (2)(a) shall include changes of circumstances specified in [F15regulation 88(3) of the Housing Benefit Regulations, regulation 69(3) of the Housing Benefit (State Pension Credit) Regulations, regulation 74(3) of the Council Tax Benefit Regulations or regulation 59(3) of the Council Tax Benefit (State Pension Credit) Regulations (changes of circumstances which do not need to be notified).]

(4) A decision which may be revised under regulation 4 may not be superseded under this regulation except where—

(a)circumstances arise in which the appropriate relevant authority may revise that decision under regulation 4; and

(b)further circumstances arise in relation to that decision which are not specified in regulation 4 but are specified in paragraph (2) or (5).

(5) Where the appropriate relevant authority requires further evidence or information from the applicant in order to consider all the issues raised by an application under paragraph (2) (“the original application”), the authority shall notify the applicant that further evidence or information is required and, if it does so, the decision may be superseded—

(a)where the applicant provides further relevant evidence or information within one month of the date of notification or such longer period of time as the appropriate relevant authority may allow; or

(b)where the applicant does not provide such evidence or information within the time allowed under sub-paragraph (a), on the basis of the original application.

(6) The appropriate relevant authority may treat an application for a revision or a notification of a change of circumstances as an application for a supersession.

(7) An application under this regulation shall be made in writing and delivered, by whatever means, to the relevant authorityF16....

Textual Amendments

F1Words in reg. 7(2)(a)(i) inserted (5.5.2003) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1050), regs. 1(1)(a), 4(1)(a) (with reg. 6)

F2Words in reg. 7(2)(c) inserted (17.11.2003 reg. 1(1), Sch. 1) by Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003 (S.I. 2003/2399), reg. 16(2)

F3Words in reg. 7(2)(c) substituted (17.11.2003 reg. 1(1), Sch. 1) by Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003 (S.I. 2003/2399), reg. 16(3)

F4Reg. 7(2)(d) substituted (5.5.2003) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1050), regs. 1(1)(a), 4(1)(b) (with reg. 6)

F5Reg. 7(2)(f) omitted (30.9.2002) by virtue of Social Security (Jobcentre Plus Interviews) Regulations 2002 (S.I. 2002/1703), reg. 1, Sch. 2 para. 8(d)(i)

F6Reg. 7(2)(g)(h) added (1.4.2002) by Social Security (Loss of Benefit) (Consequential Amendments) Regulations 2002 (S.I. 2002/490), regs. 1(1), 9(b)

F7Reg. 7(2)(i) added (6.10.2003) by The Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2275), regs. 1(1)(b), 5(4)

F8Reg. 7(2)(j) inserted (6.4.2006) by Social Security (Deferral of Retirement Pensions, Shared Additional Pension and Graduated Retirement Benefit) (Miscellaneous Provisions) Regulations 2005 (S.I. 2005/2677), regs. 1(1), 10(3)

F9Reg. 7(2ZA) inserted (5.4.2004) by Housing Benefit and Council Tax Benefit (Abolition of Benefit Periods) Amendment Regulations 2004 (S.I. 2004/14), regs. 1(1), 34(1) (with reg. 27)

F10Words in reg. 7(2ZA) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 17(3)(b)(i) (with regs. 2, 3, Sch. 3, Sch. 4)