Part IDecisions and Appeals

Chapter IISocial Security Decisions and Appeals

Modifications etc. (not altering text)

C2Pt. 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)

C6Pt. 1 Ch. 2 modified (5.10.1999) by Tax Credits Act 1999 (c. 10), s. 20(2), Sch. 2 para. 21 (with s. 19)

C7Pt. 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)

C9Pt. 1 Ch. 2: power to apply conferred (8.7.2002) by Tax Credits Act 2002 (c. 21), ss. 61, 63(8)(a)

C10Pt. 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

C11Pt. 1 Ch. 2 applied (8.7.2004) by Age-Related Payments Act 2004 (c. 10), s. 5(5)

C13Pt. 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

C15Pt. 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)

C16Pt. 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.)

C18Pt. 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)

C20Pt. 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.

C21Pt. 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

27Restrictions 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 [F1the 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 [F2the 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—

    (a)

    the Secretary of State;

    (b)

    any former officer, tribunal or body; or

    (c)

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

  • “benefit” means—

    (a)

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

    (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);

    (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);

    (d)

    a jobseeker’s allowance;

    (dd)

    [F3state pension credit;]

    (de)

    [F4an employment and support allowance;]

    (df)

    [F5personal independence payment;]

    (dg)

    [F6bereavement support payment under section 30 of the Pensions Act 2014;]

    (e)

    any benefit corresponding to a benefit mentioned in [F7paragraphs (a) [F8to (dg)] above]; and

    (f)

    [F9universal credit];

    (g)

    [F10state 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 [F11Supreme Court] or the Court of Justice of the [F12European Union];

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

    (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;

    (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

    (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 [F13the Upper Tribunal]; or

(b)for a determination of a lower court or [F14the Upper Tribunal] to be treated as if it had been made on the date of a determination of a higher court.

Textual Amendments

F3S. 27(7)(dd) inserted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 1 para. 9(a); S.I. 2002/1691, art. 2(i); S.I. 2003/1766, art. 2(a)

F5Words in s. 27(7) inserted (25.2.2013 for specified purposes, 8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 41(a); S.I. 2013/358, arts. 2(1), 7(1)(2)(k), Sch. 1 para. 23, Sch. 3; S.I. 2013/1250, art. 2

F6Words in s. 27(7) inserted (6.4.2017) by Pensions Act 2014 (c. 19), s. 56(1), Sch. 16 para. 41(a); S.I. 2017/297, art. 3(2) (with arts. 4, 5)

F7Words in s. 27(7) substituted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 1 para. 9(b); S.I. 2002/1691, art. 2(i); S.I. 2003/1766, art. 2(a)

F8Words in s. 27(7) substituted (6.4.2017) by Pensions Act 2014 (c. 19), s. 56(1), Sch. 16 para. 41(b); S.I. 2017/297, art. 3(2) (with arts. 4, 5)

F9Words in s. 27(7) substituted (25.2.2013 for specified purposes, 29.4.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 47; S.I. 2013/358, art. 2(1), Sch. 1 para. 21; S.I. 2013/983, art. 3(1)(b)(iii)

F10Words in s. 27(7) inserted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 35

Modifications etc. (not altering text)

C22S. 27 restricted (5.10.1999) by Tax Credits Act 1999 (c. 10), s. 20(2), Sch. 2 para. 19(a) (with s. 19)

Commencement Information

I1S. 27 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I2S. 27 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I3S. 27 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I4S. 27 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I5S. 27 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)