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Paragraph 13

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Regulations may provide for—

(a)

suspending, in whole or in part, any payments of housing benefit;

(b)

the subsequent making, or restoring, in prescribed circumstances of any or all of the payments 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—

(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that an issue arises whether a decision as to an award of such a benefit should be revised (under paragraph 3) or superseded (under paragraph 4);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 an appeal tribunal, a Commissioner or a court; or

(d)

it appears to the relevant authority, where an appeal is pending against the decision given by a Commissioner 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in a particular way an issue would arise whether the award of housing benefit in the case itself ought to be revised or superseded.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 leave to appeal against the decision has been made but not determined; or

(c)

the time within which—

(i)

an application for leave 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.

Notes on Schedule 7

Modifications

C1

Sch. 7 applied (with modifications) (1.4.2007) by Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), reg. 40

C2

Sch. 7 applied (with modifications) (1.4.2007) by Rate Relief (General) Regulations (Northern Ireland) 2007 (S.R. 2007/204), reg. 41