Suspension and termination
The rules for supersession are set out in section 10 of the Social Security Act 1998 and the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (SI.No.381/2013).
NB: See below for equivalent legislation in Northern Ireland.
Suspension in prescribed cases |
Regulation 44 of SI.No.381/2013 |
Sets out the grounds for suspension of payments, including where issues arise around entitlement, need for revision or supersession, recoverable overpayments and pending appeals. |
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Notice of suspension |
Regulation 44(5) of SI.No.381/2013 |
Sets out requirement for notice to be given in cases of suspension relating to pending appeals. |
Provision of information or evidence |
Regulation 45 of SI.No.381/2013 |
Sets out requirements and time limits for provision of information in cases where a decision may be revised or superseded and the power to suspend if requirements are not satisfied. |
Making of payments which have been suspended |
Regulation 46 of SI.No.381/2013 |
Sets out the circumstances where the Secretary of State must pay a benefit which has been suspended. |
Termination for failure to furnish information |
Regulation 47 of SI.No.381/2013 |
Sets out when entitlement must be terminated in cases of failure to furnish information or evidence, both where payments have been suspended immediately and after a failure to satisfy information requirements. |
In Northern Ireland, SR.No.221/2016 makes provision in relation to payments that is largely equivalent to that in Great Britain.
Further explanation of the legislation is set out in guidance. Please note, however, guidance is not binding and cannot override the legislation.
Advice for decision making |
Includes guidance on suspension and termination. |
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Case law provides further interpretation of the legislation and establishes legal precedent.
Upper Tribunal |
Universal credit claimant’s failure to re-verify his identity did not give rise to overpayment from start of claim |
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