suspensions

Question 1

introduction regs for HB

Answer 1

HB regs 2006
SPC regs 2006
Child Support Pension and SS Act 2000

Question 2

supension regs

Answer 2

reg 13 of HB D&A regs 2001 allows creation of the regs to let LA suspend HB/CTR in whole or in part

Question 3

suspension regs

Answer 3

reg 11 of the HB D&A regs 2001 sets out second circumstances where the LA may suspend in whole or in part

Question 4

what does reg 13 suspension allow for

Answer 4

reg 13 allows the LA to suspend in whole or in part any payment of HB or CTR in relations to persons who fail to comply with the information requirementsas provided for in the regulations

Question 5

example of suspension under reg 13

Answer 5

suspension 13 eg - LA has requested that a customer provide a review form to confirm their current income and capital but has not provided this within the one month time frame allowed

Question 6

reg 11 supensions - whats this

Answer 6

LA may suspend under reg 11 where:

doubts arise over the CL meets the conditions for entitlement

the LA may need to revise or supersede the original decision and outcome wont result in increased entitlement

An appeal against an appeals tribunal, commissioners or court decision is outstanding for this case or another case where the outcome would impact on this case

A recoverable overpayment may have occurred

Question 7

suspending CTR ?

Answer 7

ch/2955/2006 ch3076/2006

Question 8

rules about reg 13 suspension

Answer 8

before suspending under reg 13, the LA must have asked the CL for evidence and allowed one month for provision or such period as appropriate

Question 9

whether to suspend?

Answer 9

decison is discretionary

Question 10

appeal against suspension?

Answer 10

no however CL may request a judicial review if they disagree

Question 11

what regs govern the restoration of payments

Answer 11

reg 12 D&A 2001

Question 12

terms of restoration

Answer 12

must restore within 14 days of a soon as practicable if:

LA satisfied payments are correct

LA makes the appeal

CL or person affected provides the evidence

Question 13

Admin?

Answer 13

La must inform the CL of suspension and what is required to remove it - allow them a month to provide

Question 14

CL cant provide?

Answer 14

suspension could be removed where CL can show that the info does not exisit or is unobtainable

Question 15

Termination

Answer 15

reg 14 D&A 2001 - covers termination in cases of failure to provide information under suspension regs 11 and 13

Question 16

examples 11

Answer 16

RSL phones to report that they suspect their tenant has abandoned their propery

Question 17

example 13

Answer 17

review form issued - no response

Question 18

how does the termination work in terms of dates

Answer 18

if CL fails to provide information then terminate from the date of suspension or in cases where we know that a change has occurred eg end of income support