The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

Cases where a relevant authority may suspend

11.—(1) A relevant authority may suspend, in whole or in part—

(a) any payment of housing benefit or council tax benefit;

(b) any reduction (by way of council tax benefit) in the amount that a person is or will become liable to pay in respect of council tax,

in the circumstances prescribed in paragraph (2 ).

(2) The prescribed circumstances are where—

(a) it appears to the relevant authority that an issue arises whether—

(i) the conditions for entitlement to housing benefit or council tax benefit are or were fulfilled; or

(ii) a decision as to an award of such a benefit should be revised under paragraph 3 of Schedule 7 to the Act or superseded under paragraph 4 of that Schedule;

(b) an appeal is pending against—

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

(ii) a decision given by a Commissioner or a court in a different case, and it appears to the relevant authority that if the appeal were to be determined in a particular way an issue would arise whether the award of housing benefit or council tax benefit in the case itself ought to be revised or superseded; or

(c) an issue arises whether—

(i) an amount of housing benefit is recoverable under section 75 (overpayments) of the Administration Act or regulations made under that section; or

(ii) an excess payment of council tax benefit under section 76 of the Administration Act or regulations made under that section has occurred.