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HMRC internal manual

Child Benefit Technical Manual

From
HM Revenue & Customs
Updated
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Decision Making: Making payments which have been suspended

Social Security Act 1998 section 22

Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003, regulation 21

Payment of benefit suspended in accordance with regulation 18 or 19 must be made in any circumstances prescribed below

  • in a case to which regulation 18(2)(a), (b) or (c) applies, the Board are satisfied that

    • the benefit suspended is properly payable; and
    • no outstanding issues remain to be resolved
  • in a case to which regulation 18(2)(d) applies, the Board are satisfied that they have been notified of the correct address at which the person is residing
  • in a case to which regulation 18(2)(e) applies, the Board are satisfied that they have been notified of the correct details of the bank account or other account to which payment of the benefit by way of credit is to be made to the person
  • in a case to which regulation 18(3)(a) applies, the Board

    • in the case of an appeal tribunal or First-tier Tribunal decision, do not apply for a statement of the reasons for that decision within the period of one month specified in relation to child benefit and guardian’s allowance under the Contributions and Benefits Act, regulation 34(4) of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 or under the Contributions and Benefits Act, regulation 53(4) of the Decisions and Appeals Regulations (NI).
    • in the case of a decision of an appeal tribunal, First-tier Tribunal, the Upper Tribunal, a Commissioner or a court, either do not make an application for leave or permission to appeal within the time prescribed for the making of such an application or, where leave or permission to appeal is granted, do not make the appeal within the time prescribed for the making of it;
    • withdraw an application for leave or permission to appeal in circumstances where it is not open to them to renew the application, or to make a further application, for such leave or permission
    • are refused leave or permission To appeal in circumstances where it is not open to them to renew the application, or to make a further application, for such leave or permission
  • Circumstances where, in a case to which regulation 18(3)(b) applies, the Board, in relation to the decision of the Commissioner, the Upper Tribunal or the court in a different case

    • do not make an application for leave or permission to appeal within the time prescribed for the making of such an application;
    • where leave or permission to appeal is granted, do not make the appeal within the time prescribed for the making of it;
    • withdraw an application for leave or permission to appeal or the appeal; or
    • are refused leave or permission to appeal in circumstances where it is not open to them to renew the application, for such leave or permission.
  • Circumstances where, in a case to which paragraph (5) of regulation 19 applies, the Board are satisfied that

    • the benefit or allowance suspended is properly payable; and
    • the requirements of paragraph (2) of that regulation have been satisfied.