PART IIISUSPENSION AND TERMINATION OF BENEFIT AND OTHER MATTERS

Cases where a relevant authority may suspend11

1

A relevant authority may suspend, in whole or in part—

a

any payment of housing benefit or council tax benefit;

b

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,

in the circumstances prescribed in paragraph (2 ).

2

The prescribed circumstances are where—

a

it appears to the relevant authority that an issue arises whether—

i

the conditions for entitlement to housing benefit or council tax benefit are or were fulfilled; or

ii

a decision as to an award of such a benefit should be revised under paragraph 3 of Schedule 7 to the Act or superseded under paragraph 4 of that Schedule;

b

an appeal is pending against—

i

a decision of an appeal tribunal, a Commissioner or a court; or

ii

a decision given by a Commissioner or a court in a different case, and it appears to the relevant authority 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issue would arise whether the award of housing benefit or council tax benefit in the case itself ought to be revised or superseded; or

c

an issue arises whether—

i

an amount of housing benefit is recoverable under section 75 (overpayments) of the Administration Act or regulations made under that section; or

ii

an excess payment of council tax benefit under section 76 of the Administration Act or regulations made under that section has occurred.