(1) Accidental errors in a relevant decision, or a revised decision, or the record of such a decision, may be corrected by the relevant authority at any time.

(2) A correction made to a relevant decision, or a revised decision, or the record of such a decision, shall be deemed to be part of the decision, or of that record, and the relevant authority shall give a written notice of the correction as soon as practicable to the claimant.

(3) In calculating the time within which an application can be made under regulation 4(1)(a) for a relevant decision to be revised... there shall be disregarded any day falling before the day on which notice was given of a correction of the decision or to the revision or record thereof under paragraph (2).

6

No appeal shall lie against the calculation or estimate of the claimant's, or the claimant’s partner's, income or capital used by a relevant authority in accordance with “regulation 27(1) of the Housing Benefit (State Pension Credit) Regulations or regulation 17(1) of the Council Tax Benefit (State Pension Credit) Regulations” (calculation of claimant’s income in savings credit only cases), as modified, in both cases, by the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003.

1A

No appeal shall lie against a decision made by virtue of, or as a consequence of, any of the provisions in Part 9 (claims), Part 11 (payments) and Part 12 (overpayments) of the Housing Benefit (State Pension Credit) Regulations except a decision under—

(a) regulations 64 (time and manner in which claims are to be made), 65(1) and 66(1) and (4) (date of claim);

(b) regulation 74(3) (adjustments to payments to take account of underpayment or overpayment on account of rent allowance);

(d) regulation 77 (circumstances in which payment may be made to a landlord);

(e) regulation 81 (recoverable overpayments);

(f) regulation 84 (diminution of capital); or

(g) regulation 85 (sums to be deducted in calculating recoverable overpayments).

2A

No appeal shall lie against a decision made by virtue of, or as a consequence of, any of the provisions in Part 7 (claims), Part 9 (awards or payments of benefit) and Part 10 (excess benefit) of the Council Tax Benefit (State Pension Credit) Regulations except a decision under—

(a) regulations 53 (time and manner in which claims are to be made), 54(1) and 55(1) and (4) (date of claim);

(b) regulation 68 (recoverable excess benefit);

(d) regulation 73 (diminution of capital); or

(e) regulation 74 (sums to be deducted in calculating recoverable excess benefit).

Decisions superseding earlier decisions in accordance with paragraph 4(4A) of Schedule 7 to the Act

7A

(1) The prescribed cases and circumstances in which a decision must be made under paragraph 4 of Schedule 7 to the Act (decisions superseding earlier decisions) are set out in paragraphs (2) to (4).

(2) The appropriate relevant authority must make a decision superseding an earlier decision where it is required to determine a maximum rent (LHA) in accordance with regulation 13C(3) of the Housing Benefit Regulations and regulation 13C(3) of the Housing Benefit (State Pension Credit) Regulations (when a maximum rent (LHA) is to be determined).

(3) The appropriate relevant authority must make a decision superseding an earlier decision in any case to which regulation 14(1)(f) or (g) or the Housing Benefit Regulations or regulation 14(1)(f) or (g) of the Housing Benefit (State Pension Credit) Regulations (requirement to refer to rent officers) applies.

(4) The appropriate relevant authority must make a decision superseding an earlier decision where a change of circumstances specified in regulation 88(3) of the Housing Benefit Regulations or regulation 69(3) of the Housing Benefit (State Pension Credit) Regulations (changes of circumstances which do not need to be notified) occurs.

Date from which a decision superseding an earlier decision takes effect

Effective date for late notification of change of circumstances

Notice of a decision against which an appeal lies

Correction of accidental errors

Notice of Appeal

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.