The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

Suspension for failure to furnish information etc. E+W+S

13.—(1) The relevant authority may suspend in whole or in part—

(a) any payment of housing benefit or council tax benefit;

(b) any reduction (by way of council tax benefit) in the amount that a person is or will become liable to pay in respect of council tax,

in relation to persons who fail to comply with the information requirements (as defined in paragraph 14 of Schedule 7 to the Act) as provided for in regulations made pursuant to section 5(1)(hh) and 6(1)(hh) of the Administration Act (person required to satisfy the information provisions).

(2) For the purposes of section 5(1)(hh) in so far as it applies to housing benefit and section 6(1)(hh) of the Administration Act the prescribed persons are—

(a) a person in respect of whom payment of benefit or a reduction has been suspended under regulation 11(2)(a);

(b) a person who has made an application for a decision of the relevant authority to be revised or superseded;

(c) a person in respect of whom a question has arisen in connection with his award of benefit and who fails to comply with the requirement in [F1 “regulation 86 of the Housing Benefit Regulations, regulation 67 of the Housing Benefit (State Pension Credit) Regulations, regulation 72 of the Council Tax Benefit Regulations or regulation 57 of the Council Tax Benefit (State Pension Credit) Regulations”;] to furnish information or evidence needed for a determination whether a decision on an award should be revised under paragraph 3 or superseded under paragraph 4 of Schedule 7 to the Act.

(3) The relevant authority shall notify any person to whom paragraph (2) refers of the requirements of this regulation.

(4) A person to whom paragraph (2) refers must—

(a) furnish the information or evidence needed within a period of—

(i) one month beginning with the date on which the notification under paragraph (3) was sent to him; or

(ii) such longer period as the relevant authority considers necessary in order to enable him to comply with the requirement; or

(b) satisfy the relevant authority within the period provided for in paragraph (4)(a) that—

(i) the information or evidence so required does not exist; or

(ii) it is not possible for him to obtain the information or evidence so required.

(5) Where a person satisfies the requirements in paragraph (4), the relevant authority shall, so far as practicable, make, or as the case may be restore, the payment within 14 days of the decision to make or restore that payment.

Textual Amendments

F1 Words in reg. 13(2)(c) 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)(d) (with regs. 2, 3, Sch. 3, Sch. 4)