SCHEDULE 7 Housing benefit and council tax benefit: revisions and appeals
Correction of errors and setting aside of decisions
19
(1)
Regulations may make provision with respect to—
(a)
the correction of accidental errors in any decision or record of a decision made under or by virtue of any relevant provision; and
(b)
the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that—
(i)
a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party’s representative, or was not received at an appropriate time by the body or person who gave the decision; or
(ii)
a party to the proceedings or a party’s representative was not present at a hearing related to the proceedings.
(2)
Nothing in sub-paragraph (1) shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from regulations made by virtue of that sub-paragraph.
(3)
In this paragraph “relevant provision” means—
(a)
any of the provisions of this Schedule;
(b)
any of the provisions of Part VII of the M1Social Security Contributions and Benefits Act 1992 so far as they relate to housing benefit or council tax benefit; or
(c)
any of the provisions of Part VIII of the M2Administration Act or of any regulations under section 2A of that Act, so far as the provisions or regulations relate to, or to arrangements for, housing benefit or council tax benefit.