The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 No. 1002

Regulation 16(1)

SCHEDULE E+W+S DECISIONS AGAINST WHICH NO APPEAL LIES

Modifications etc. (not altering text)

C1 Sch. excluded in part (2.7.2001) by The Housing Benefit and Council Tax Benefit (Decisions and Appeals) (Transitional and Savings) Regulations 2001 (S.I. 2001/1264), regs. 1(1), 3(10)

1.  No appeal shall lie against a decision made by virtue of, or as a consequence of, any of the provisions in Part X (claims), Part XII (payments) and Part XIII (overpayments) of the Housing Benefit Regulations except a decision under— E+W+S

[F1 (a) regulations 83 (time and manner in which claims are to be made), 84(1) and 85(1) and (4) (date of claim);

(b) regulation 93(3) (adjustments to payments to take account of underpayment or overpayment on account of rent allowance);

(c) regulation 95 (circumstances in which payment is to be made to a landlord);

(d) regulation 96 (circumstances in which payment may be made to a landlord);

(e) regulation 100 (recoverable overpayments);

(f) regulation 101 (person from whom recovery may be sought);

(g) regulation 103 (diminution of capital); or

(h) regulation 104 (sums to be deducted in calculating recoverable overpayments).]

Textual Amendments

F1 Sch. para. 1(a)(h) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 17(3)(e)(i) (with regs. 2, 3, Sch. 3, Sch. 4)

[F2 1A.   No appeal shall lie against a decision made by virtue of, or as a consequence of, any of the provisions in Part 9 (claims), Part 11 (payments) and Part 12 (overpayments) of the Housing Benefit (State Pension Credit) Regulations except a decision under— E+W+S

(a) regulations 64 (time and manner in which claims are to be made), 65(1) and 66(1) and (4) (date of claim);

(b) regulation 74(3) (adjustments to payments to take account of underpayment or overpayment on account of rent allowance);

(c) regulation 76 (circumstances in which payment is to be made to a landlord);

(d) regulation 77 (circumstances in which payment may be made to a landlord);

(e) regulation 81 (recoverable overpayments);

(f) regulation 84 (diminution of capital); or

(g) regulation 85 (sums to be deducted in calculating recoverable overpayments).]

Textual Amendments

F2 Sch. para. 1A inserted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 17(3)(e)(ii) (with regs. 2, 3, Sch. 3, Sch. 4)

2.  No appeal shall lie against a decision made by virtue of, or as a consequence of, any of the provisions in Part VIII (claims), Part X (awards or payments of benefit) and Part XI (excess benefit) of the Council Tax Benefit Regulations except a decision under— E+W+S

[F3 (a) regulations 69 (time and manner in which claims are to be made), 69(1) and 70(1) and (4) (date of claim);

(b) regulation 83 (recoverable excess benefit);

(c) regulation 85 (persons from whom recovery may be sought);

(d) regulation 88 (diminution of capital); or

(e) regulation 89 (sums to be deducted in calculating recoverable excess benefit).]

Textual Amendments

F3 Sch. para. 2(a)(e) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 17(3)(e)(iii) (with regs. 2, 3, Sch. 3, Sch. 4)

[F4 2A.   No appeal shall lie against a decision made by virtue of, or as a consequence of, any of the provisions in Part 7 (claims), Part 9 (awards or payments of benefit) and Part 10 (excess benefit) of the Council Tax Benefit (State Pension Credit) Regulations except a decision under— E+W+S

(a) regulations 53 (time and manner in which claims are to be made), 54(1) and 55(1) and (4) (date of claim);

(b) regulation 68 (recoverable excess benefit);

(c) regulation 70 (persons from whom recovery may be sought);

(d) regulation 73 (diminution of capital); or

(e) regulation 74 (sums to be deducted in calculating recoverable excess benefit).]

Textual Amendments

F4 Sch. para. 2A inserted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 17(3)(e)(iv) (with regs. 2, 3, Sch. 3, Sch. 4)

3.  Subject to paragraphs 1(f) and 2(c), no appeal shall lie against a decision as to the exercise of discretion to recover an overpayment of housing benefit or, as the case may be, excess council tax benefit. E+W+S

4.  No appeal shall lie against a decision of a relevant authority under paragraph 16(3)(a) or (b) and (4) of Schedule 7 to the Act (decisions involving issues that arise on appeal in other cases). E+W+S

5.  No appeal shall lie against a decision under Part III of these Regulations of a relevant authority relating to— E+W+S

(a) suspension of a payment of benefit or of a reduction; or

(b) restoration following a suspension of payment of benefit or of a reduction,

except a decision that entitlement to benefit is terminated under regulation 14.

[F5 6.   No appeal shall lie against the calculation or estimate of the claimant's, or the claimant’s partner's, income or capital used by a relevant authority in accordance with [F6 “regulation 27(1) of the Housing Benefit (State Pension Credit) Regulations or regulation 17(1) of the Council Tax Benefit (State Pension Credit) Regulations”] (calculation of claimant’s income in savings credit only cases), as modified, in both cases, by the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003.] E+W+S

Textual Amendments

F5 Sch. Sch. para. 6 added (18.6.2003) by State Pension Credit (Decisions and Appeals-Amendments) Regulations 2003 (S.I. 2003/1581), regs. 1, 3

F6 Words in Sch. para. 6 substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 17(3)(e)(v) (with regs. 2, 3, Sch. 3, Sch. 4)