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

Regulation 16(1)

SCHEDULE E+W+S DECISIONS AGAINST WHICH NO APPEAL LIES

Modifications etc. (not altering text)

C1 Sch. excluded in part (2.7.2001) by The Housing Benefit and Council Tax Benefit (Decisions and Appeals) (Transitional and Savings) Regulations 2001 (S.I. 2001/1264), regs. 1(1), 3(10)

1.  No appeal shall lie against a decision made by virtue of, or as a consequence of, any of the provisions in Part X (claims), Part XII (payments) and Part XIII (overpayments) of the Housing Benefit Regulations except a decision under— E+W+S

(a) regulations 72(5), (11), (15) M1 , 72A(1) M2 , 72B(1) and (4) M3 (date of claim);

(b) regulation 91(3) (adjustments to payments to take account of underpayment or overpayment on account of rent allowance);

(c) regulation 93 M4 (circumstances in which payment is to be made to a landlord);

(d) regulation 94 M5 (circumstances in which payment may be made to a landlord);

(e) regulation 99 M6 (recoverable overpayments);

(f) regulation 101 (person from whom recovery may be sought);

(g) regulation 103 (diminution of capital); or

(h) regulation 104 (sums to be deducted in calculating recoverable overpayments).

Marginal Citations

M1 Regulation 72(5) was amended by S.I. 1990/671, 1991/235 and 1599, 1996/1510 and 1999/1539 and regulation 72(15) was amended by S.I. 1996/462.

M2 Regulation 72A was inserted by S.I. 1999/1539.

M3 Regulation 72B was substituted by S.I. 2000/897.

M4 Regulation 93 was amended by S.I. 1990/546, 1992/2432, 1996/1510, 1997/65 and 2434.

M5 Regulation 94 was amended by S.I. 1994/2137, 1996/965 and 1997/65 and 2434.

M6 Regulation 99 was amended by S.I. 1988/1843, 1991/235 and 1599, 1995/2986, 1997/65 and 1999/3108.

2.  No appeal shall lie against a decision made by virtue of, or as a consequence of, any of the provisions in Part VIII (claims), Part X (awards or payments of benefit) and Part XI (excess benefit) of the Council Tax Benefit Regulations except a decision under— E+W+S

(a) regulations 62(5), (10), (11), (12) and (16) M7 and 62A(1) M8 , 62B(1) and (4) M9 (date of claim);

(b) regulation 84 M10 (recoverable excess benefit);

(c) regulation 86 (person from whom recovery may be sought);

(d) regulation 89 (diminution of capital); or

(e) regulation 90 (sums to be deducted in calculating recoverable excess benefit).

Marginal Citations

M7 Regulation 62(5) was amended by S.I. 1996/1510 and regulation 62(16) was amended by S.I. 1996/462.

M8 Regulation 62A was inserted by S.I. 1999/1539.

M9 Regulation 62B was substituted by S.I. 2000/897.

M10 Regulation 84 was amended by S.I. 1995/2986, 1997/65 and 1999/3108.

3.  Subject to paragraphs 1(f) and 2(c), no appeal shall lie against a decision as to the exercise of discretion to recover an overpayment of housing benefit or, as the case may be, excess council tax benefit. E+W+S

4.  No appeal shall lie against a decision of a relevant authority under paragraph 16(3)(a) or (b) and (4) of Schedule 7 to the Act (decisions involving issues that arise on appeal in other cases). E+W+S

5.  No appeal shall lie against a decision under Part III of these Regulations of a relevant authority relating to— E+W+S

(a) suspension of a payment of benefit or of a reduction; or

(b) restoration following a suspension of payment of benefit or of a reduction,

except a decision that entitlement to benefit is terminated under regulation 14.

[F1 6.   No appeal shall lie against the calculation or estimate of the claimant's, or the claimant’s partner's, income or capital used by a relevant authority in accordance with regulation 23(1) of the Housing Benefit Regulations or regulation 15(1) of the Council Tax Benefit Regulations (calculation of claimant’s income in savings credit only cases), as modified, in both cases, by the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003.] E+W+S

Textual Amendments

F1 Sch. Sch. para. 6 added (18.6.2003) by State Pension Credit (Decisions and Appeals-Amendments) Regulations 2003 (S.I. 2003/1581), regs. 1, 3