The Social Security and Child Support (Decisions and Appeals) Regulations 1999

Suspension in prescribed cases

16.—(1) Subject to paragraph (2), the Secretary of State may suspend payment of a relevant benefit, in whole or in part, in the circumstances prescribed in paragraph (3).

(2) The Secretary of State shall suspend payment of a jobseeker’s allowance in the circumstances prescribed in paragraph (3)(a)(i) or (ii) where the issue or one of the issues is whether a person, who has claimed a jobseeker’s allowance, is or was available for employment or whether he is or was actively seeking employment.

(3) The prescribed circumstances are that—

(a) it appears to the Secretary of State that—

(i) an issue arises whether the conditions for entitlement to a relevant benefit are or were fulfilled;

(ii) an issue arises whether a decision as to an award of a relevant benefit should be revised under section 9 or superseded under section 10;

(iii) an issue arises whether any amount paid or payable to a person by way of, or in connection with a claim for, a relevant benefit is recoverable under section 71 (overpayments), 71A (recovery of jobseeker’s allowance: severe hardship cases(1)) or 74 (income support and other payments) of the Administration Act or regulations made under any of those sections; or

(iv) the last address notified to him of a person who is in receipt of a relevant benefit is not the address at which that person is residing; or

(b) an appeal is pending against—

(i) a decision of an appeal tribunal, a Commissioner or a court;

(ii) a decision given in a different case by a Commissioner or a court, and it appears to the Secretary of State that, if the appeal were to be determined in a particular way, an issue would arise as to whether the award of a relevant benefit (whether the same benefit or not) in the case itself ought to be revised or superseded.

(4) For the purposes of section 21(3)(c) an appeal is pending where the Secretary of State certifies in writing that he proposes—

(a) to make a request under regulation 53(4) for a statement of reasons for a decision of an appeal tribunal;

(b) to bring an appeal against the decision; or

(c) to bring an appeal against a decision in a different case and, if that appeal were to be allowed, an issue would arise as to whether the award of a relevant benefit (whether the same benefit or not) in the case itself ought to be revised or superseded.

(1)

Section 71A was inserted by section 18 of the Jobseekers Act 1995 (c. 18).