Social Security Act 1998
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Change 1
21 Suspension in prescribed circumstances
(1) Regulations may provide for— (a) suspending payments of a relevant benefit, in whole or in part, in prescribed circumstances; (b) the subsequent making in prescribed circumstances of any or all of the payments so suspended. (2) Regulations made under subsection (1) above may, in particular, make provision for any case where— (a) it appears to the Secretary of State that an issue arises whether the conditions for entitlement to a relevant benefit are or were fulfilled; (b) it appears to the Secretary of State that an issue arises whether a decision as to an award of a relevant benefit should be revised (under section 9 above) or superseded (under section 10 above); (c) an appeal is pending against a decision of the First-tier Tribunal, the Upper Tribunal or a court; or (d) an appeal is pending against the decision given in a different case by the Upper Tribunal or a court, and it appears to the Secretary of State that if the appeal were to be determined in a particular way an issue would arise whether the award of a relevant benefit (whether the same benefit or not) in the case itself ought to be revised or superseded. (3) For the purposes of subsection (2) above, an appeal against a decision is pending if— (a) an appeal against the decision has been brought but not determined; (b) an application for permission to appeal against the decision has been made but not determined; or (c) in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for permission to appeal against the decision has not been made) but the time for doing so has not yet expired. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21 Suspension in prescribed circumstances
(1) Regulations may provide for— (a) suspending payments of a relevant benefit, in whole or in part, in prescribed circumstances; (b) the subsequent making in prescribed circumstances of any or all of the payments so suspended. (2) Regulations made under subsection (1) above may, in particular, make provision for any case where— (a) it appears to the Secretary of State that an issue arises whether the conditions for entitlement to a relevant benefit are or were fulfilled; (b) it appears to the Secretary of State that an issue arises whether a decision as to an award of a relevant benefit should be revised (under section 9 above) or superseded (under section 10 above); (c) an appeal is pending against a decision of the First-tier Tribunal, the Upper Tribunal or a court; or (d) an appeal is pending against the decision given in a different case by the Upper Tribunal or a court, and it appears to the Secretary of State that if the appeal were to be determined in a particular way an issue would arise whether the award of a relevant benefit (whether the same benefit or not) in the case itself ought to be revised or superseded. (3) For the purposes of subsection (2) above, an appeal against a decision is pending if— (a) an appeal against the decision has been brought but not determined; (b) an application for permission to appeal against the decision has been made but not determined; or (c) in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for permission to appeal against the decision has not been made) but the time for doing so has not yet expired. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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