SCHEDULES
SCHEDULE 7

Housing benefit and council tax benefit: revisions and appeals

Restrictions on entitlement to benefit in certain cases of error
18
1
Subject to sub-paragraph (2), this paragraph applies where—
a
the effect of the determination, whenever made, of an appeal to the Upper Tribunal or the court (“the relevant determination”) is that the relevant authority’s decision out of which the appeal arose was erroneous in point of law; and
b
after the date of the relevant determination a decision falls to be made by that relevant authority or another relevant authority in accordance with that determination (or would, apart from this paragraph, fall to be so made)—
i
in relation to a claim for housing benefit or council tax benefit;
ii
as to whether to revise, under paragraph 3, a decision as to a person’s entitlement to such a benefit; or
iii
on an application made under paragraph 4 for a decision as to a person’s entitlement to such a benefit to be superseded.
2
This paragraph does not apply where the decision mentioned in sub-paragraph (1)(b)—
a
is one which, but for paragraph 16(2) or (3)(a), would have been made before the date of the relevant determination; or
b
is one made in pursuance of paragraph 17(3) or (5).
3
In so far as the decision relates to a person’s entitlement to benefit in respect of a period before the date of the relevant determination, it shall be made as if the relevant authority’s decision had been found by the Upper Tribunal or court not to have been erroneous in point of law.
4
Sub-paragraph (1)(a) shall be read as including a case where—
a
the effect of the relevant determination is that part or all of a purported regulation or order is invalid; and
b
the error of law made by the relevant authority was to act on the basis that the purported regulation or order (or the part held to be invalid) was valid.
5
It is immaterial for the purposes of sub-paragraph (1)—
a
where such a decision as is mentioned in paragraph (b)(i) falls to be made, whether the claim was made before or after the date of the relevant determination;
b
where such a decision as is mentioned in paragraph (b)(ii) or (iii) falls to be made on an application under paragraph 3 or (as the case may be) 4, whether the application was made before or after that date.
6
In this paragraph “the court” means—
a
the High Court;
b
the Court of Appeal;
c
the Court of Session;
d
the Supreme Court; or
e
the Court of Justice of the European Union.
7
For the purposes of this paragraph, any reference to entitlement to benefit includes a reference to entitlement—
a
to any increase in the rate of a benefit; or
b
to a benefit, or increase of benefit, at a particular rate.
8
The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this paragraph in accordance with any regulations made for that purpose.
9
Regulations made under sub-paragraph (8) may include provision—
a
for a determination of a higher court to be treated as if it had been made on the date of a determination by a lower court or by the Upper Tribunal; or
b
for a determination of a lower court or of the Upper Tribunal to be treated as if it had been made on the date of a determination by a higher court.
Sch. 7 para. 18 partly in force; Sch. 7 para. 18 not in force at Royal Assent see s. 86(2); Sch. 7 para. 18(1)(2)(a)(3)-(9) in force at 2.7.2001 by S.I. 2001/1252, art. 2(2)(a)(ii)
Words in Sch. 7 para. 18(1)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(13)(a)
Words in Sch. 7 para. 18(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(13)(b)
Sch. 7 para. 18(6)(d) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 72; S.I. 2009/1604, art. 2(d)
Words in Sch. 7 para. 18 substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 4
Words in Sch. 7 para. 18(9)(a)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(13)(c)