Part IDecisions and Appeals

C1C2C3C4C5C6C8C9C10C11C12C13C14C16C18C17C19C20C21C22C23Chapter IISocial Security Decisions and Appeals

Annotations:
Modifications etc. (not altering text)
C1

Pt. 1 Ch. 2: power to transfer functions conferred (25.2.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 17, 28(2)(c) (with Sch. 8)

C2

Pt. 1 Ch. 2: power to apply and exclude conferred (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 23(1), 28(3) (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

C6

Pt. 1 Ch. 2 modified (5.10.1999) by Tax Credits Act 1999 (c. 10), s. 20(2), Sch. 2 para. 21 (with s. 19)

C8

Pt. 1 Ch. 2 power to apply (with modifications) conferred (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 52(4)(6)(g), 89(4)(a)

C10

Pt. 1 Ch. 2: power to apply conferred (8.7.2002) by Tax Credits Act 2002 (c. 21), ss. 61, 63(8)(a)

C11

Pt. 1 Ch. 2 functions transferred (26.2.2003 for specified purposes, 1.4.2003 for specified purposes, 7.4.2003 in so far as not already in force) by Tax Credits Act 2002 (c. 21), ss. 50(2)(e), s. 61, Sch. 4 para. 15; S.I. 2003/392, art. 2

C12

Pt. 1 Ch. 2 applied (8.7.2004) by Age-Related Payments Act 2004 (c. 10), s. 5(5)

C14

Pt. 1 Ch. 2 modified (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 132(8), 170; S.I. 2008/3137, art. 2

C18

Pt. 1 Ch. 2 power to apply (with modifications) conferred (14.11.2016 for specified purposes, 21.4.2017 in so far as not already in force) by Childcare Payments Act 2014 (c. 28), ss. 59(4)(a), 75(2); S.I. 2016/1083, reg. 2(g); S.I. 2017/578, reg. 3(e)

C17

Pt. 1 Ch. 2 modified (6.4.2016) by The Social Security (Northern Ireland Reciprocal Arrangements) Regulations 2016 (S.I. 2016/287), regs. 1, 2(2)(d), Sch. (as varied (27.11.2016 for specified purposes, 6.4.2017 in so far as not already in force) in accordance with S.I. 2016/1050, regs. 1(2), 2(2), Sch.)

C20

Pt. 1 Ch. 2 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1303), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C22

Pt. 1 Ch. 2 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) Order 2021 (S.I. 2021/1088), art. 2(1)-(3), Sch.

C23

Pt. 1 Ch. 2 modified (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) Order 2023 (S.I. 2023/1060), art. 2, Sch.

Cases of error

I1I2I3C7I4I5C1527Restrictions on entitlement to benefit in certain cases of error

1

Subject to subsection (2) below, this section applies where—

a

the effect of the determination, whenever made, of an appeal to F4the Upper Tribunal or the court (“the relevant determination”) is that the adjudicating authority’s decision out of which the appeal arose was erroneous in point of law; and

b

after the date of the relevant determination a decision falls to be made by the Secretary of State in accordance with that determination (or would, apart from this section, fall to be so made)—

i

in relation to a claim for benefit;

ii

as to whether to revise, under section 9 above, a decision as to a person’s entitlement to benefit; or

iii

on an application made under section 10 above for a decision as to a person’s entitlement to benefit to be superseded.

2

This section does not apply where the decision of the Secretary of State mentioned in subsection (1)(b) above—

a

is one which, but for section 25(2) or (3)(a) above, would have been made before the date of the relevant determination; or

b

is one made in pursuance of section 26(3) or (5) above.

3

In so far as the decision relates to a person’s entitlement to a benefit in respect of—

a

a period before the date of the relevant determination; or

b

in the case of a widow’s payment, a death occurring before that date,

it shall be made as if the adjudicating authority’s decision had been found by F7the Upper Tribunal or court not to have been erroneous in point of law.

4

In deciding whether a person is entitled to benefit in a case where his entitlement depends on his having been entitled to the same or some other benefit before attaining a particular age, subsection (3) above shall be disregarded for the purpose only of deciding whether he was so entitled before attaining that age.

5

Subsection (1)(a) above shall be read as including a case where—

a

the effect of the relevant determination is that part or all of a purported regulation or order is invalid; and

b

the error of law made by the adjudicating authority was to act on the basis that the purported regulation or order (or the part held to be invalid) was valid.

6

It is immaterial for the purposes of subsection (1) above—

a

where such a decision as is mentioned in paragraph (b)(i) falls to be made, whether the claim was made before or after the date of the relevant determination;

b

where such a decision as is mentioned in paragraph (b)(ii) or (iii) falls to be made on an application under section 9 or (as the case may be) 10 above, whether the application was made before or after that date.

7

In this section—

  • “adjudicating authority” means—

    1. a

      the Secretary of State;

    2. b

      any former officer, tribunal or body; or

    3. c

      any officer, tribunal or body in Northern Ireland corresponding to a former officer, tribunal or body;

  • “benefit” means—

    1. a

      benefit under Parts II to V of the Contributions and Benefits Act, other than Old Cases payments;

    2. b

      benefit under Part II of the [1975 c. 14.] Social Security Act 1975 (in respect of a period before 1st July 1992 but not before 6th April 1975);

    3. c

      benefit under the [1946 c. 67.] National Insurance Act 1946 or [1965 c. 51.] 1965, or the [1946 c. 62.] National Insurance (Industrial Injuries) Act 1946 or [1965 c. 52.] 1965 (in respect of a period before 6th April 1975);

    4. d

      a jobseeker’s allowance;

    5. dd

      F1state pension credit;

    6. de

      F3an employment and support allowance;

    7. df

      F11personal independence payment;

    8. dg

      F13bereavement support payment under section 30 of the Pensions Act 2014;

    9. e

      any benefit corresponding to a benefit mentioned in F2paragraphs (a) F14to (dg) above; and

    10. f

      F10universal credit;

    11. g

      F12state pension or a lump sum under Part 1 of the Pensions Act 2014;

  • “the court” means the High Court, the Court of Appeal, the Court of Session, the High Court or Court of Appeal in Northern Ireland, the F8Supreme Court or the Court of Justice of the F9European Union;

  • “former officer, tribunal or body” means any of the following, that is to say—

    1. a

      an adjudication officer or, in the case of a decision given on a reference under section 21(2) or 25(1) of the Administration Act, a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal;

    2. b

      an adjudicating medical practitioner appointed under section 49 of that Act or a specially qualified adjudicating medical practitioner appointed in accordance with regulations under section 62(2) of that Act; or

    3. c

      the National Assistance Board, the Supplementary Benefits Commission, the Attendance Allowance Board, a benefit officer, an insurance officer or a supplement officer.

8

For the purposes of this section, any reference to entitlement to benefit includes a reference to entitlement—

a

to any increase in the rate of a benefit; or

b

to a benefit, or increase of benefit, at a particular rate.

9

The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this section in accordance with any regulations made for that purpose.

10

Regulations made under subsection (9) above may include provision—

a

for a determination of a higher court to be treated as if it had been made on the date of a determination of a lower court or F5the Upper Tribunal; or

b

for a determination of a lower court or F6the Upper Tribunal to be treated as if it had been made on the date of a determination of a higher court.