SCHEDULEDECISIONS AGAINST WHICH NO APPEAL LIES

Regulation 16(1)

1.

No appeal shall lie against a decision made by virtue of, or as a consequence of, any of the provisions in Part X (claims), Part XII (payments) and Part XIII (overpayments) of the Housing Benefit Regulations except a decision under—

(a)

regulations 72(5), (11), (15)30, 72A(1)31, 72B(1) and (4)32 (date of claim);

(b)

regulation 91(3) (adjustments to payments to take account of underpayment or overpayment on account of rent allowance);

(c)

regulation 9333 (circumstances in which payment is to be made to a landlord);

(d)

regulation 9434 (circumstances in which payment may be made to a landlord);

(e)

regulation 9935 (recoverable overpayments);

(f)

regulation 101 (person from whom recovery may be sought);

(g)

regulation 103 (diminution of capital); or

(h)

regulation 104 (sums to be deducted in calculating recoverable overpayments).

2.

No appeal shall lie against a decision made by virtue of, or as a consequence of, any of the provisions in Part VIII (claims), Part X (awards or payments of benefit) and Part XI (excess benefit) of the Council Tax Benefit Regulations except a decision under—

(a)

regulations 62(5), (10), (11), (12) and (16)36 and 62A(1)37, 62B(1) and (4)38 (date of claim);

(b)

regulation 8439 (recoverable excess benefit);

(c)

regulation 86 (person from whom recovery may be sought);

(d)

regulation 89 (diminution of capital); or

(e)

regulation 90 (sums to be deducted in calculating recoverable excess benefit).

3.

Subject to paragraphs 1(f) and 2(c), no appeal shall lie against a decision as to the exercise of discretion to recover an overpayment of housing benefit or, as the case may be, excess council tax benefit.

4.

No appeal shall lie against a decision of a relevant authority under paragraph 16(3)(a) or (b) and (4) of Schedule 7 to the Act (decisions involving issues that arise on appeal in other cases).

5.

No appeal shall lie against a decision under Part III of these Regulations of a relevant authority relating to—

(a)

suspension of a payment of benefit or of a reduction; or

(b)

restoration following a suspension of payment of benefit or of a reduction,

except a decision that entitlement to benefit is terminated under regulation 14.