QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
|THE QUEEN ON THE APPLICATION OF HALL||(CLAIMANT)|
|CHICHESTER DISTRICT COUNCIL||(DEFENDANT)|
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MISS S HANIF (instructed by Local Authority Solicitor) appeared on behalf of the DEFENDANT
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"(a) furnish the information or evidence needed within a period of one --
(i) one month beginning with the date on which the notification under [paragraph 3] was sent to him; or
(ii) such longer period as the relevant authority considers necessary [in order to enable them to] comply with the requirement; or
(b) satisfy the relevant authority within the period provided for in paragraph (4) --
(i) the information or evidence so required does not exist; or
(ii) it is not possible for them to obtain the information [they so require]."
"Where a person satisfies the requirements of paragraph (4), the relevant authority shall as far as practicable, make, or as the case may be restore, the payment within 14 days of the decision to restore the payment."
"(1) A person in respect of whom payment of benefit or a reduction has been suspended --
(a) under regulation 11 ... or
(b) under regulation 13 for failing to comply with such a requirement,
shall cease to be entitled to the benefit from the date on which the payments or reduction were so suspended, or such earlier date on which entitlement to benefit ceases."
Paragraph (2) of Regulation 14 is not suggested to be relevant.
"(1) Subject to the provisions in this regulation, a relevant decision ('the original decision') may be revised or further revised by the relevant authority which made the decision where -
(a) the person affected makes an application for a revision within -
(i) one month of the date of notification of the original decision; or
(ii) such extended time as the relevant authority may allow under regulation 5;
(b) within one month of the date of notification of the original decision that authority has information which is sufficient to show that the original decision was made in ignorance of, or was based upon a mistake as to, some material fact; or
(c) an appeal is made under paragraph 6 of Schedule 7 to the Act against the original decision within the time prescribed in regulation 18 or, in a case to which regulation 19 applies the time prescribed in that regulation, but the appeal has not been determined.
(2) An original decision may be revised or further revised by the relevant authority which made the decision, at any time by that authority, where that decision -
(a)arose from an official error; or
(b) was made in ignorance of, or was based upon a mistake as to, some material fact and as a result of that ignorance or of mistake as to that fact, the decision was more advantageous to the person affected than it would otherwise have been but for that ignorance or mistake."