# The Community Charge Benefits (General) Regulations 1989, Regulation 80: Withholding of benefit

Extent: E+W+S

(1) Where it appears to an appropriate authority that a question has arisen in relation to a person’s entitlement to community charge benefit or to the allowance or payment of such benefit it may withhold the allowance or payment of the benefit in whole or in part pending the determination of that question on review under regulation 67 (review of determinations).
(2) Where it appears to an authority that a question has arisen whether any amount allowed or paid to a person by way of, or in connection with, a claim for community charge benefits, constitutes excess benefits for the purposes of section 31D of the Act or Part XI of these Regulations (excess benefits) it may withhold any allowance or payment of arrears of benefit to that person, in whole or in part, pending the determination of that question.
(3) Subject to paragraph (4), upon determination of a question to which paragraph (1) or (2) refers, any benefit withheld under those paragraphs shall be
(a) allowed to the person concerned by reducing, so far as possible, the next and any subsequent payments he is liable to make in respect of the personal community charge of the authority concerned as it has effect for the relevant chargeable financial year, until the benefit withheld is made good, or
(b) where this is not possible or the person concerned so requests, paid to that person within 14 days of the determination of that question or, if this is not reasonably practicable, as soon as possible afterwards, except to the extent that there was no entitlement to that benefit or recoverable excess benefits remain due from the person from whom the benefit was withheld
(4) If the benefit withheld under paragraph (1) or (2) is in respect of any collective community charge contributions and the authority is satisfied that such contributions remain unpaid, upon determination of a question mentioned in those paragraphs the authority, with the consent of the person from whom the benefit was withheld, may allow, or pay the withheld benefit to the person to whom the contributions are due, except to the extent that there was no entitlement to that benefit or recoverable excess benefits remain due from the person from whom the benefit was withheld.

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Source: https://www.legislation.gov.uk/uksi/1989/1321/regulation/80 (the official version)
Page: https://openlegislation.uk/community-charge-benefits-general-regulations-1989/regulation-80
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.