SCHEDULES

F11SCHEDULE 7 Housing benefit and council tax benefit: revisions and appeals

Annotations:
Amendments (Textual)
F11

Sch. 7 repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

Decisions superseding earlier decisions

I14

1

Subject to F1sub-paragraphs (4) and (4A), the following, namely—

a

any relevant decision (whether as originally made or as revised under paragraph 3), F8...

F7aa

any decision under this Schedule of an appeal tribunal or a Commissioner, and

b

any decision under this Schedule F2of the First-tier Tribunal or any decision of the Upper Tribunal which relates to any such decision,

may be superseded by a decision made by the appropriate relevant authority, either on an application made for the purpose by a person affected by the decision or on their own initiative.

2

In this paragraph “the appropriate relevant authority” means the authority which made the decision being superseded, the decision appealed against to F9the tribunal or the F3First-tier Tribunal or, as the case may be, the decision to which the decision being appealed against to F10the Commissioner or the F4Upper Tribunal relates.

3

In making a decision under sub-paragraph (1), the relevant authority need not consider any issue that is not raised by the application or, as the case may be, did not cause them to act on their own initiative.

4

Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this paragraph.

F54A

Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision relating to housing benefit must be made by the appropriate relevant authority.

5

Subject to sub-paragraph (6) and paragraph 18, a decision under this paragraph shall take effect as from the date on which it is made or, where applicable, the date on which the application was made.

6

Regulations may provide that, in prescribed cases or circumstances, a decision under this paragraph shall take effect as from such other date as may be prescribed.

F67

In this paragraph—

  • “appeal tribunal” means an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (the functions of which have been transferred to the First-tier Tribunal);

  • “Commissioner” means a person appointed as a Social Security Commissioner under Schedule 4 to that Act (the functions of whom have been transferred to the Upper Tribunal), and includes a tribunal of such persons.