Making of payments which have been suspendedE+W+S
20.—(1) Subject to paragraphs (2) and (3), payment of a benefit suspended in accordance with regulation 16 [F1or 17] shall be made where—
(a)in a case to which regulation 16(2) or (3)(a)(i) to (iii) applies, the Secretary of State is satisfied [F2or the Board are satisfied] that the benefit suspended is properly payable and no outstanding issues remain to be resolved;
(b)in a case to which regulation 16(3)(a)(iv) applies, the Secretary of State is satisfied [F2or the Board are satisfied] that he has [F3or they have] been notified of the address at which the person is residing;
F4( c ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(d)[F6in a case to which regulation 17(5) applies, the Secretary of State is satisfied that the benefit suspended is properly payable and the requirements of regulation 17(4) have been satisfied. [F6in a case to which regulation 18(1) applies, the Board are satisfied that the benefit suspended is properly payable and the requirements of regulation 17(2), (4), (5) or (7) have been satisfied.]]]
[F7(2) Where regulation 16(3)(b)(i) applies, payment of a benefit suspended shall be made if the Secretary of State—
(a)does not, in the case of a decision of [F8the First-tier Tribunal], apply for a statement of the reasons for that decision within the period [F9specified under Tribunal Procedure Rules];
(b)does not, in the case of a decision of [F10the First-tier Tribunal, the Upper Tribunal] or a court, make an application for [F11permission] to appeal and (where [F11permission] to appeal is granted) make the appeal within the time prescribed for the making of such applications and appeals;
(c)withdraws an application for [F12permission] to appeal or the appeal; or
(d)is refused [F12permission] to appeal, in circumstances where it is not open to him to renew the application for [F12permission] or to make a further application for [F12permission] to appeal.
(3) Where regulation 16(3)(b)(ii) applies, payment of a benefit suspended shall be made if the Secretary of State, in relation to the decision of [F13the Upper Tribunal] or the court in a different case—
(a)does not make an application for [F14permission] to appeal and (where [F14permission] to appeal is granted) make the appeal within the time prescribed for the making of such applications and appeals;
(b)withdraws an application for [F14permission] to appeal or the appeal; or
(c)is refused [F14permission] to appeal, in circumstances where it is not open to him to renew the application for [F14permission] or to make a further application for [F14permission] to appeal.]
(4) Payment of benefit which has been suspended in accordance with regulation 19 for failure to submit to a medical examination shall be made where the Secretary of State is satisfied [F15or the Board are satisfied] that it is no longer necessary for the person referred to in that regulation to submit to a medical examination.
Textual Amendments
F1 Words in reg. 20(1) inserted (5.7.1999) by The Social Security and Child Support (Decisions and Appeals) Amendment (No. 2) Regulations 1999 (S.I. 1999/1623) , regs. 1(1) , 6
F2 Words in reg. 20(1)(a)(b) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 15(2)
F3 Words in reg. 20(1)(b) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 15(3)
F4 Reg. 20(1)(c) omitted (19.6.2000) by virtue of The Social Security and Child Support (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/1596) , regs. 1(1) , 21(a)
F5 Reg. 20(1)(d) inserted (5.7.1999) by The Social Security and Child Support (Decisions and Appeals) Amendment (No. 2) Regulations 1999 (S.I. 1999/1623) , regs. 1(1) , 6
F6 Reg. 20(1)(d) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 15(4)
F7 Reg. 20(2)(3) substituted (19.6.2000) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/1596) , regs. 1(1) , 21(b)
F8 Words in reg. 20(2)(a) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 110(2)(a)(i)
F9 Words in reg. 20(2)(a) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 110(2)(a)(ii)
F10 Words in reg. 20(2)(b) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 110(2)(b)(i)
F11 Words in reg. 20(2)(b) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 110(2)(b)(ii)
F12 Words in reg. 20(2)(c)(d) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 110(2)(c)
F13 Words in reg. 20(3) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 110(3)(a)
F14 Words in reg. 20(3) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 110(3)(b)
F15 Words in reg. 20(4) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 15(2)