SCHEDULES
SCHEDULE 7

Housing benefit and council tax benefit: revisions and appeals

Suspension in prescribed circumstances
13
1
Regulations may provide for—
a
suspending, in whole or in part, any payments of housing benefit or council tax benefit;
b
suspending, in whole or in part, 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;
c
the subsequent making, or restoring, in prescribed circumstances of any or all of the payments, or reductions, so suspended.
2
Regulations made under sub-paragraph (1) may, in particular, make provision for any case where, in relation to a claim for housing benefit or council tax benefit—
a
it appears to the relevant authority that an issue arises whether the conditions for entitlement to such a benefit are or were fulfilled;
b
it appears to the relevant authority that an issue arises whether a decision as to an award of such a benefit should be revised (under paragraph 3) or superseded (under paragraph 4);
c
an appeal is pending against a decision of
the First-tier Tribunal, the Upper Tribunal
or a court; or
d
it appears to the relevant authority, where an appeal is pending against the decision given by
the Upper Tribunal
or a court in a different case, 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issue would arise whether the award of housing benefit or council tax benefit in the case itself ought to be revised or superseded.
3
For the purposes of sub-paragraph (2), an appeal against a decision is pending if—
a
an appeal against the decision has been brought but not determined;
b
an application for
permission
to appeal against the decision has been made but not determined; or
c
the time within which—
i
an application for
permission
to appeal may be made, or
ii
an appeal against the decision may be brought,
has not expired and the circumstances are such as may be prescribed.
4
In sub-paragraph (2)(d) the reference to a different case—
a
includes a reference to a case involving a different relevant authority; but
b
does not include a reference to a case relating to a different benefit unless the different benefit is housing benefit or council tax benefit.
Sch. 7 para. 13 wholly in force at. 2.7.2001; Sch. 7 para. 13 not in force at Royal Assent see s. 86(2)(3)(a); Sch. 7 para. 13 in force for certain purposes at 1.11.2000 by S.I. 2000/2950, art. 3(c); Sch. 7 para. 13 in force at 2.7.2001 by S.I. 2001/1252, art. 2(2)(a)(i)
Words in Sch. 7 para. 13(2)(c) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(10)(a)(i)
Words in Sch. 7 para. 13(2)(d) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(10)(a)(ii)
Word in Sch. 7 para. 13(3)(b)(c) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 190(10)(b)
Sch. 7 repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)