Regulation 18 Suspension in prescribed cases

(1)

The Board may suspend payment of child benefit or guardian’s allowance, in whole or in part, in the circumstances prescribed by paragraph (2) or (3).

(2)

The circumstances prescribed by this paragraph are circumstances where it appears to the Board that—

(a)

an issue arises as to whether the conditions for entitlement to the benefit or allowance are or were fulfilled;

(b)

an issue arises as to whether a decision relating to an award of the benefit or allowance should be—

(i)

revised under section 9 or Article 10; or

(ii)

superseded under section 10 or Article 11;

(c)

an issue arises as to whether any amount paid or payable to a person by way of, or in connection with a claim for, the benefit or allowance is recoverable under—

(i)

section 71 of the Administration Act;

(ii)

section 69 of the Administration (NI) Act; or

(iii)

regulations made under either of those sections;

(d)

the last address notified to them of a person who is in receipt of the benefit or allowance is not the address at which that person is residing; or

(e)

the details of a bank account or other account which has been notified to them and to which payment of the benefit or allowance by way of a credit is to be made to a person are incorrect.

(3)

The circumstances prescribed by this paragraph are where—

(a)

an appeal is pending against a decision of an appeal tribunal, a Commissioner or a court; or

(b)

an appeal is pending against a decision given in a different case by a Commissioner or a court (whether or not relating to child benefit or guardian’s allowance) and it appears to the Board that, if the appeal were to be determined in a particular way, an issue would arise as to whether the award of child benefit or guardian’s allowance should be revised or superseded.

(4)

For the purposes of section 21(3)(c) and Article 21(3)(c), the prescribed circumstances are circumstances where an appeal tribunal, a Commissioner or a court has made a decision and the Board—

(a)

are awaiting receipt of the decision or, in the case of an appeal tribunal decision, are considering whether to apply for a statement of the reasons for it;

(b)

in the case of an appeal tribunal decision, have applied for, and are awaiting receipt of, such a statement; or

(c)

have received the decision, or, in the case of an appeal tribunal decision, such a statement, and are considering—

(i)

whether to apply for leave to appeal; or

(ii)

where leave to appeal has been granted, whether to appeal.

(5)

In the circumstances prescribed by paragraph (4), the Board must give written notice, as soon as reasonably practicable, to the person in respect of whom payment has been or is to be suspended of their proposal—

(a)

to make a request for a statement of the reasons for an appeal tribunal decision;

(b)

to apply for leave to appeal; or

(c)

to appeal.