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

Provision in respect of the abolition of Review Boards

4.—(1) Where a Review Board has held an oral hearing in accordance with—

(a) regulation 82 of the Housing Benefit Regulations (procedure on further review) before the relevant date—

(i) regulation 83(4) and (5) (decisions upon further review),

(ii) regulation 84 (effect of revising a decision), and

(iii) regulation 85 (correction of accidental errors in determinations and decisions)

of those Regulations shall continue to have effect in relation to any decision of that Review Board as if section 68 of, and paragraph 22(1) of Schedule 7 to, the Act had not come into force; or

(b) regulation 71 of the Council Tax Benefit Regulations (procedure on further review) before the relevant date—

(i) regulation 72(4) and (5) (decisions upon further review),

(ii) regulation 73 (effect of revising a determination), and

(iii) regulation 74 (correction of accidental errors in determinations and decisions)

of those Regulations shall continue to have effect in relation to any decision of that Review Board as if section 68 of, and paragraph 22(1) of Schedule 7 to, the Act had not come into force.

(2) Where a part-heard hearing by a Review Board stands adjourned before the relevant date an appeal tribunal shall completely rehear the case as if it were an appeal under paragraph 6 of Schedule 7 to the Act.

(3) Subject to paragraph (1), any decision that would, but for the coming into force of section 68 of, and paragraph 22(1) of Schedule 7 to, the Act, fall to be made by a Review Board shall be made by an appeal tribunal.

(4) Subject to paragraph (5), a decision of a Review Board shall be treated for the purposes of paragraph 4 of Schedule 7 to the Act (decisions superseding earlier decisions) as if it were a decision of a tribunal made under paragraph 6 of Schedule 7 to the Act.

(5) Notwithstanding the coming into force of section 68 of, and paragraph 22 of Schedule 7 to, the Act, regulations made in accordance with section 34(4) and (5) of the Social Security Act 1998, as in force immediately before the relevant date, shall continue to have effect for the purpose of any claim for judicial review of a decision made by a Review Board and any appeal from a decision on such a claim.

(6) Subject to paragraph (7), where—

(a) an application to set aside a decision of a Review Board is made by a person affected by that decision within 13 weeks of the day on which notice of that decision was given; and

(b) the application is not determined before the relevant date,

the application to set aside shall be treated as if it were an application duly made to set aside a decision of an appeal tribunal made under regulation 23 of the Decisions and Appeals Regulations and regulation 57 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999(1).

(7) A legally qualified panel member may set aside the decision of a Review Board as if it were a decision of an appeal tribunal on the grounds—

(a) specified in regulation 57(1) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999; or

(b) that the interests of justice so require.

(1)

S.I. 1991/991; relevant amending instrument is S.I. 2000/1596.