Regulation 16 Suspension in prescribed cases

England, Wales and Scotland

(1)

Subject to paragraph (2), the Secretary of State F1or the Board may suspend payment of a relevant benefit, in whole or in part, in the circumstances prescribed in paragraph (3).

(2)

The Secretary of State shall suspend payment of a jobseeker’s allowance in the circumstances prescribed in paragraph (3)(a)(i) or (ii) where the issue or one of the issues is whether a person, who has claimed a jobseeker’s allowance, is or was available for employment or whether he is or was actively seeking employment.

(3)

The prescribed circumstances are that—

(a)

it appears to the Secretary of State F2or the Board that—

(i)

an issue arises whether the conditions for entitlement to a relevant benefit are or were fulfilled;

(ii)

an issue arises whether a decision as to an award of a relevant benefit should be revised under section 9 or superseded under section 10;

(iii)

an issue arises whether any amount paid or payable to a person by way of, or in connection with a claim for, a relevant benefit is recoverable under section 71 (overpayments), 71A (recovery of jobseeker’s allowance: severe hardship cases M1 ) or 74 (income support and other payments) of the Administration Act or regulations made under any of those sections; or

(iv)

the last address notified to him F3or them of a person who is in receipt of a relevant benefit is not the address at which that person is residing; or

(b)

an appeal is pending against—

(i)

a decision of F4the First-tier Tribunal, the Upper Tribunal or a court;

(ii)

a decision given in a different case by F5the Upper Tribunal or a court, and it appears to the Secretary of State F6or the Board that, if the appeal were to be determined in a particular way, an issue would arise as to whether the award of a relevant benefit (whether the same benefit or not) in the case itself ought to be revised or superseded.

F7(4)

For the purposes of section 21(3)(c) an appeal is pending where a decision of F8the First-tier Tribunal, the Upper Tribunal or a court has been made and the Secretary of State—

(a)

is awaiting receipt of that decision or (in the case of F9a decision of the First-tier Tribunal) is considering whether to apply for a statement of the reasons for it, or has applied for such a statement and is awaiting receipt thereof; or

(b)

has received that decision or (in the case of F10a decision of the First-tier Tribunal) the statement of the reasons for it, and is considering whether to apply for F11permission to appeal, or, where leave to appeal has been granted, is considering whether to appeal;

and the Secretary of State shall give written notice of his proposal to make a request for a statement of the reasons for a tribunal decision, to apply for permission to appeal, or to appeal, as soon as reasonably practicable.

Annotations

Textual amendments

F1: Words in reg. 16(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 12(2)
F2: Words in reg. 16(3)(a) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 12(3)(a)(i)
F3: Words in reg. 16(3)(a)(iv) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 12(3)(a)(ii)
F4: Words in reg. 16(3)(b)(i) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 109(2)(a)
F5: Words in reg. 16(3)(b)(ii) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 109(2)(b)
F6: Words in reg. 16(3)(b) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 12(3)(b)
F7: Reg. 16(4) substituted (19.6.2000) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/1596) , regs. 1(1) , 20
F8: Words in reg. 16(4) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 109(3)(a)
F9: Words in reg. 16(4)(a) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 109(3)(b)
F10: Words in reg. 16(4)(b) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 109(3)(c)(i)
F11: Word in reg. 16(4)(b) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 1 para. 109(3)(c)(ii)

Marginal citations

M1: Section 71A was inserted by section 18 of the Jobseekers Act 1995 (c.18) .

Notes on Part III

Textual amendments

F1: Pts. II III IV revoked (7.4.2003 for specified purposes and with effect in accordance with reg. 1(2)) by The Child Benefit and Guardian s Allowance (Decisions and Appeals) Regulations 2003 (S.I. 2003/916) , regs. 1(1) , 34(a) (with reg. 35 )

Notes on Chapter I

Modifications

C1: Pt. 3 Ch. 1 applied (5.10.1999) by The Social Security Act 1998 (Commencement No. 10 and Transitional Provisions) Order 1999 (S.I. 1999/2739), art. 3, Sch. 2 para. 13