CBTM13030 | Decision Making: Termination in cases of failure to furnish information or evidence in suspended cases

Social Security Act 1998 section 23

Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003, regulation 20

Where

• a person whose payment was suspended in full under regulation 18 subsequently fails to comply with a requirement for information or evidence under regulation 19 and more than one month has elapsed since that request was made; or

• a person whose payment was suspended in full under regulation 19(5) and more than one month has elapsed since the first payment was suspended

the Board must decide that a person ceases to be entitled from the date on which payment was suspended and terminate the award from that date. Additionally, where the information or evidence already held shows that entitlement ought to have ceased from a date prior to the effective date of termination, the Board may also consider whether the award or portion of the award should be revised or superseded from the earlier date.