SCHEDULES
C1C2SCHEDULE 7HOUSING BENEFIT: REVISIONS AND APPEALS
Sch. 7 applied (with modifications) (1.4.2007) by Rate Relief (General) Regulations (Northern Ireland) 2007 (S.R. 2007/204), reg. 41
Suspension in prescribed circumstances
13
1
Regulations may provide for—
a
suspending, in whole or in part, any payments of housing benefit;
b
the subsequent making, or restoring, in prescribed circumstances of any or all of the payments so suspended.
2
Regulations made under sub-paragraph (1) may, in particular, make provision for any case where, in relation to a claim for housing benefit—
a
it appears to the relevant authority that an issue arises whether the conditions for entitlement to such a benefit are or were fulfilled;
b
it appears to the relevant authority that an issue arises whether a decision as to an award of such a benefit should be revised (under paragraph 3) or superseded (under paragraph 4);
c
an appeal is pending against a decision of an appeal tribunal, a Commissioner or a court; or
d
it appears to the relevant authority, where an appeal is pending against the decision given by a Commissioner or a court in a different case, that if the appeal were to be determined in a particular way an issue would arise whether the award of housing benefit in the case itself ought to be revised or superseded.
3
For the purposes of sub-paragraph (2), an appeal against a decision is pending if—
a
an appeal against the decision has been brought but not determined;
b
an application for leave to appeal against the decision has been made but not determined; or
c
the time within which—
i
an application for leave to appeal may be made; or
ii
an appeal against the decision may be brought,
has not expired and the circumstances are such as may be prescribed.
4
In sub-paragraph (2)(d) the reference to a different case—
a
includes a reference to a case involving a different relevant authority; but
b
does not include a reference to a case relating to a different benefit.
Sch. 7 applied (with modifications) (1.4.2007) by Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), reg. 40