The Social Security (Miscellaneous Provisions) Amendment Regulations 1992

Amendment of regulation 37 of the Claims and Payments Regulations

16.  For regulation 37 of the Claims and Payments Regulations there shall be substituted the following regulations—

“Suspension in individual cases

37.— (1) Where it appears to the Secretary of State that a question arises whether—

(a) the conditions for entitlement are or were fulfilled;

(b) an award ought to be revised; or

(c) subject to paragraph (2), an appeal ought to be brought against an award, award be suspended, in whole or in part, pending the determination of that question on review, appeal or reference.

(2) Where it appears to the Secretary of State that a question arises under paragraph (1)(c), he may only give directions that payment of benefit under the award be suspended on or before the relevant date.

(3) A suspension under paragraph (1)(c) shall cease unless, on or before the relevant date, the claimant is given notice in writing that either an appeal or an application or petition for leave to appeal, whichever is appropriate, has been made against that decision.

(4) Where the claimant has been given notice on or before the relevant date that either an appeal or an application or petition for leave to appeal has been made, the suspension may continue until the appeal or the application or the petition and any subsequent appeal have been determined.

(5) In this regulation—

(a) “relevant date” means a date one month from the date on which notice in writing of the decision resulting in an award is received by the adjudication officer;

(b) notice of a decision of an adjudicating authority resulting in an award is only received by an adjudication officer when he has received notice in writing of the decision together with the reasons for that decision.

Suspension in identical cases

37A.— (1) Where it appears to the Secretary of State that a question arises in relation to a person’s entitlement to benefit under an award or that an award ought to be revised and the question is the same question which arises in relation to an award made to another person involving the same or another benefit and a question arises whether an appeal ought to be brought against that award, the Secretary of State may direct that payment of benefit under the first-mentioned award shall be suspended, in whole or part, pending determination of that question on appeal brought against the second-mentioned award.

(2) In this regulation “appeal” means an appeal to a Social Security Commissioner, the Court of Appeal, the Court of Session and the House of Lords, and an application for judicial review made in accordance with Order 53 of the Rules of the Supreme Court 1965(1) .

Withholding payment of arrears of benefit

37B.   Where it appears to the Secretary of State that a question arises whether any amount paid or payable to a person by way of, or in connection with, a claim for benefit is recoverable under section 27 or section 53 of the Social Security Act 1986, or regulations made under either section, he may direct that any payment of arrears of benefit to that person shall be withheld in whole or in part, pending determination of that question.”.

(1)

S.I. 1965/1776.