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Child Support, Pensions and Social Security Act (Northern Ireland)

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This is the original version (as it was originally enacted).

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that an issue arises whether a decision as to an award of such a benefit should be revised (under paragraph 3) or superseded (under paragraph 4);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in a particular way an issue would arise whether the award of housing benefit in the case itself ought to be revised or superseded.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.

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