Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
9. In the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 M1—
(a)after regulation 4(7) (revision of decisions), there shall be inserted the following paragraph—
“(7A) Where a court convicts a person of an offence, that conviction results in a restriction being imposed under section 7, 8 or 9 of the Social Security Fraud Act 2001 (loss of benefit provisions) and that conviction is quashed or set aside by that or any other court, a decision of the relevant authority made in accordance with regulation 7(2)(g) or (h) may be revised at any time.”;
(b)after regulation 7(2)(f) (decisions superseding earlier decisions), there shall be added the following sub-paragraphs—
“(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.”;
(c)after regulation 8(8) (date from which a decision superseding an earlier decision takes effect), there shall be added the following paragraph—
“(9) A decision to which regulation 7(2)(g) or (h) applies shall take effect from the first day of the disqualification period prescribed for the purposes of section 7 of the Social Security Fraud Act 2001.”.
Marginal Citations