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(b) any income-related benefit
(b) any income-related benefit.
5 Regulations about claims for and payments of benefit
Regulations may provide—
…
for the disallowance on any ground of a person's claim for a benefit to which this section applies to be treated as a disallowance of any further claim by that person for that benefit until the grounds of the original disallowance have ceased to exist;
…
This section applies to the following benefits—
(za) universal credit;
…
housing benefit;
134 Arrangements for housing benefit
Housing benefit provided by virtue of a scheme under section 123 of the Social Security Contributions and Benefits Act 1992 (in this Part referred to as “the housing benefit scheme”) shall be funded and administered by the appropriate housing authority or local authority.
Relevant provisions of the Social Security Act 1998 (“SS Act 1998”) are:
Decisions
8 Decisions by Secretary of State
Subject to the provisions of this Chapter, it shall be for the Secretary of State—
to decide any claim for a relevant benefit;
[repealed] and
subject to subsection (5) below, to make any decision that falls to be made under or by virtue of a relevant enactment;
[repealed]
Where at any time a claim for a relevant benefit is decided by the Secretary of State—
the claim shall not be regarded as subsisting after that time; and
accordingly, the claimant shall not (without making a further claim) be entitled to the benefit on the basis of circumstances not obtaining at that time.
In this Chapter “relevant benefit” means any of the following, namely—
benefit under Parts II to V of the Contributions and Benefits Act;
(aa) universal credit;
10 Decisions superseding earlier decisions
Subject to subsection (3) below, the following, namely—
any decision of the Secretary of State under section 8 above or this section, whether as originally made or as revised under section 9 above;
(aa) any decision under this Chapter of an appeal tribunal or a Commissioner; and
any decision under this Chapter of the First-tier Tribunal or any decision of the Upper Tribunal which relates to any such decision,
may be superseded by a decision made by the Secretary of State, either on an application made for the purpose or on his own initiative.
In making a decision under subsection (1) above, the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.
Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this section.
[repealed]
Subject to subsection (6) and section 27 below, a decision under this section shall take effect as from the date on which it is made or, where applicable, the date on which the application was made.
Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed.
12 Appeal to First-tier Tribunal
This section applies to any decision of the Secretary of State under section 8 or 10 above (whether as originally made or as revised under section 9 above) which—
is made on a claim for, or on an award of, a relevant benefit, and does not fall within Schedule 2 to this Act; or
is made otherwise than on such a claim or award, and falls within Schedule 3 to this Act;
In deciding an appeal under this section, the First-tier Tribunal—
need not consider any issue that is not raised by the appeal; and
(b)shall not take into account any circumstances not obtaining at the time when the decision appealed against was made.
The reference in subsection (1) above to a decision under section 10 above is a reference to a decision superseding any such decision as is mentioned in paragraph (a) or (b) of subsection (1) of that section.
17 Finality of decisions
Subject to the provisions of this Chapter and to any provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007, any decision made in accordance with the foregoing provisions of this Chapter shall be final; and subject to the provisions of any regulations under section 11 above, any decision made in accordance with those regulations shall be final.
If and to the extent that regulations so provide, any finding of fact or other determination embodied in or necessary to such a decision, or on which such a decision is based, shall be conclusive for the purposes of—
further such decisions;
decisions made under the Child Support Act; and
decisions made under the Vaccine Damage Payments Act.
Relevant provisions in the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (“the UC etc. (C&P) regulations 2013”) include:
Duration of awards
—(1) A claim for universal credit is to be treated as made for an indefinite period and any award of universal credit on that claim is to be made for an indefinite period.
[remainder of regulation left out as not relevant]
Relevant provisions in the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (“the UC etc. (D&A) regulations 2013”) include:
Introduction
Subject to regulation 32 (decisions which may not be superseded), the Secretary of State may make a decision under section 10 (“a superseding decision”) of the 1998 Act in any of the cases and circumstances set out in this Chapter.
Changes of circumstances
23.—(1) The Secretary of State may supersede a decision in respect of which—
there has been a relevant change of circumstances since the decision to be superseded had effect or, in the case of an advance award under regulation 32, 33 or 34 of the Claims and Payments Regulations 2013, since it was made; or
it is expected that a relevant change of circumstances will occur.
Error of law, ignorance, mistake etc.
A decision of the Secretary of State, other than one to which regulation 25 (decisions against which no appeal lies) refers, may be superseded where—
the decision was wrong in law, or was made in ignorance of, or was based on a mistake as to, some material fact; and
an application for a supersession was received, or a decision was taken by the Secretary of State to act on the Secretary of State's own initiative, more than one month after the date of notification of the decision to be superseded or after the expiry of such longer period as may have been allowed under regulation 6 (late application for a revision).
Suspension in prescribed cases
—(1) The Secretary of State may suspend, in whole or part, payment of any benefit to a person (“P”) in the circumstances described in paragraph (2).
The circumstances are where—
it appears to the Secretary of State that—
an issue arises whether the conditions for entitlement to the benefit are or were fulfilled;
an issue arises whether a decision relating to an award of the benefit should be revised under section 9 or superseded under section 10 of the 1998 Act,
an issue arises whether any amount of benefit paid to P is recoverable under or by virtue of section 71ZB, 71ZG or 71ZH of the Administration Act,
the last address notified to the Secretary of State of P is not the address at which P resides,
an appeal is pending in P's case against a decision of the First-tier Tribunal, the Upper Tribunal or a court; or
an appeal is pending against a decision given by the Upper Tribunal or a court in a different case and it appears to the Secretary of State that, if the appeal were to be decided in a particular way, an issue would arise as to whether the award of any benefit to P (whether the same benefit or not) ought to be revised or superseded.
CHAPTER 3
EFFECTIVE DATES FOR SUPERSESSIONS
Introduction
This Chapter and Schedule 1 (effective dates for superseding decisions made on the ground of a change of circumstances) contains exceptions to the provisions of section 10(5) of the 1998 Act as to the date from which a decision under section 10 of that Act which supersedes an earlier decision takes effect.
SCHEDULE 1
EFFECTIVE DATES FOR SUPERSEDING DECISIONS MADE ON THE GROUND OF A CHANGE OF CIRCUMSTANCES
PART 3
UNIVERSAL CREDIT
Subject to the following paragraphs and to Part 4, in the case of universal credit, a superseding decision made on the ground of a change of circumstances takes effect from the first day of the assessment period in which that change occurred or is expected to occur.
…
Where the superseding decision is advantageous to a claimant and is made on the Secretary of State's own initiative, it takes effect from the first day of the assessment period in which the Secretary of State commenced action with a view to supersession.
Relevant provisions of the Child Support, Pensions and Social Security Act 2000 (“the CSPSS Act 2000”) are section 68 and contained in Schedule 7:
68 Housing benefit and council tax benefit: revisions and appeals.
Schedule 7 (which makes provision for the revision of decisions made in connection with claims for housing benefit or council tax benefit and for appeals against such decisions) shall have effect.
Schedule 7
Introductory
1(1) In this Schedule “relevant authority” means an authority administering housing benefit or council tax benefit.
In this Schedule “relevant decision” means any of the following—
a decision of a relevant authority on a claim for housing benefit or council tax benefit;
any decision under paragraph 4 of this Schedule which supersedes a decision falling within paragraph (a), within this paragraph or within paragraph (b) of sub-paragraph (1) of that paragraph;
but references in this Schedule to a relevant decision do not include references to a decision under paragraph 3 to revise a relevant decision.
Decisions on claims for benefit
2 Where at any time a claim for housing benefit or council tax benefit is decided by a relevant authority—
the claim shall not be regarded as subsisting after that time; and
accordingly, the claimant shall not (without making a further claim) be entitled to the benefit on the basis of circumstances not obtaining at that time.
Decisions superseding earlier decisions
4(1) Subject to sub-paragraphs (4) and (4A), the following, namely—
any relevant decision (whether as originally made or as revised under paragraph 3),
(aa) any decision under this Schedule of an appeal tribunal or a Commissioner, and
any decision under this Schedule of the First-tier Tribunal or any decision of the Upper Tribunal which relates to any such decision,
may be superseded by a decision made by the appropriate relevant authority, either on an application made for the purpose by a person affected by the decision or on their own initiative.
In this paragraph “the appropriate relevant authority” means the authority which made the decision being superseded, the decision appealed against to the tribunal or the First-tier Tribunal or, as the case may be, the decision to which the decision being appealed against to the Commissioner or the [Upper Tribunal relates.
In making a decision under sub-paragraph (1), the relevant authority need not consider any issue that is not raised by the application or, as the case may be, did not cause them to act on their own initiative.
Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this paragraph.
(4A) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision relating to housing benefit must be made by the appropriate relevant authority.
Subject to sub-paragraph (6) and paragraph 18, a decision under this paragraph shall take effect as from the date on which it is made or, where applicable, the date on which the application was made.
Regulations may provide that, in prescribed cases or circumstances, a decision under this paragraph shall take effect as from such other date as may be prescribed.
Finality of decisions
11 Subject to the provisions of this Schedule and to any provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007, any decision made in accordance with the preceding provisions of this Schedule shall be final.
Relevant provisions in Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (“the HB & CTB (D&A) regulations 2001”) are:
PART II: REVISIONS AND SUPERSESSIONS
- Heading
- DIRECTIONS
- These Directions may be supplemented by later directions by a tribunal judge, registrar, or case worker, in the Social Entitlement Chamber of the First-tier Tribunal
- Introduction
- Factual background and the First-tier Tribunals’ decisions
- Hearing before the Upper Tribunal
- Legal framework
- Summary of the legal issues and some terms used by the parties
- The parties’ positions and the arguments put forward at the hearing
- Legal analysis
- Conclusions
- Disposal
- Annex A: relevant applicable legislation
- (b) any income-related benefit
- Conclusions