- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Social Security Act 1998, Section 12 is up to date with all changes known to be in force on or before 19 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)This section applies to any decision of the Secretary of State under section 8 or 10 above (whether as originally made or as revised under section 9 above) which—
(a)is made on a claim for, or on an award of, a relevant benefit, and does not fall within Schedule 2 to this Act; [F2or]
(b)is made otherwise than on such a claim or award, and falls within Schedule 3 to this Act; F3...
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(2)In the case of a decision to which this section applies, the claimant and such other person as may be prescribed shall have a right to appeal to [F5the First-tier Tribunal], but nothing in this subsection shall confer a right of appeal—
[F6(a)]in relation to a prescribed decision, or a prescribed determination embodied in or necessary to a decision[F7, or
(b)where regulations under subsection (3A) so provide.]]
(3)Regulations under subsection (2) above shall not prescribe any decision or determination that relates to the conditions of entitlement to a relevant benefit for which a claim has been validly made or for which no claim is required.
[F8(3A)Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal under subsection (2) in relation to a decision only if the Secretary of State has considered whether to revise the decision under section 9.
(3B)The regulations may in particular provide that that condition is met only where—
(a)the consideration by the Secretary of State was on an application,
(b)the Secretary of State considered issues of a specified description, or
(c)the consideration by the Secretary of State satisfied any other condition specified in the regulations.
(3C)The references in subsections (3A) and (3B) to regulations and to the Secretary of State are subject to any enactment under or by virtue of which the functions under this Chapter are transferred to or otherwise made exercisable by a person other than the Secretary of State.]
[F9(3D)In the case of a decision relating to child benefit or guardian’s allowance, the making of any appeal under this section against the decision as originally made must follow the Commissioners for Her Majesty’s Revenue and Customs first deciding, on an application made for revision of that decision under section 9, not to revise the decision.]
(4)Where the Secretary of State has determined that any amount is recoverable under or by virtue of section 71[F10, 71ZB, 71ZG, 71ZH,] or 74 of the Administration Act, any person from whom he has determined that it is recoverable shall have the same right of appeal to [F11the First-tier Tribunal] as a claimant.
(5)In any case where—
(a)the Secretary of State has made a decision in relation to a claim under Part V of the Contributions and Benefits Act; and
(b)the entitlement to benefit under that Part of that Act of any person other than the claimant is or may be, under Part VI of Schedule 7 to that Act, affected by that decision,
that other person shall have the same right of appeal to [F12the First-tier Tribunal] as the claimant.
(6)A person with a right of appeal under this section shall be given such notice of a decision to which this section applies and of that right as may be prescribed.
(7)Regulations may—
[F13(a)]make provision as to the manner in which, and the time within which, appeals are to be brought;
[F14(b)provide that, where in accordance with regulations under subsection (3A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under section 9.]
(8)In deciding an appeal under this section, [F15the First-tier Tribunal]—
(a)need not consider any issue that is not raised by the appeal; and
(b)shall not take into account any circumstances not obtaining at the time when the decision appealed against was made.
(9)The reference in subsection (1) above to a decision under section 10 above is a reference to a decision superseding any such decision as is mentioned in paragraph (a) or (b) of subsection (1) of that section.
Textual Amendments
F1Words in s. 12 heading substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 149(a)
F2Word in s. 12(1) inserted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 25(2)(a) (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)
F3S. 12(1)(c) and preceding word repealed (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 25(2)(b), Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)
F4S. 12(2) substituted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 25(3) (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)
F5Words in s. 12(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 149(b)
F6Words in s. 12(2) renumbered as s. 12(2)(a) (25.2.2013) by Welfare Reform Act 2012 (c. 5), ss. 102(2)(a), 150(3); S.I. 2013/358, art. 2(2), Sch. 2 para. 37
F7S. 12(2)(b) and preceding word inserted (25.2.2013) by Welfare Reform Act 2012 (c. 5), ss. 102(2)(b), 150(3); S.I. 2013/358, art. 2(2), Sch. 2 para. 37
F8S. 12(3A)-(3C) inserted (25.2.2013) by Welfare Reform Act 2012 (c. 5), ss. 102(3), 150(3); S.I. 2013/358, art. 2(2), Sch. 2 para. 37
F9S. 12(3D) inserted (6.4.2014) by The Tax Credits, Child Benefit and Guardian’s Allowance Reviews and Appeals Order 2014 (S.I. 2014/886), arts. 1(1), 4(1) (with art. 1(5))
F10Words in s. 12(4) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), ss. 105(6), 150(3); S.I. 2013/358, art. 5(2)(3)(b)
F11Words in s. 12(4) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 149(b)
F12Words in s. 12(5) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 149(b)
F13Words in s. 12(7) renumbered as s. 12(7)(a) (25.2.2013) by Welfare Reform Act 2012 (c. 5), ss. 102(4)(a), 150(3); S.I. 2013/358, art. 2(2), Sch. 2 para. 37
F14S. 12(7)(b) inserted (25.2.2013) by Welfare Reform Act 2012 (c. 5), ss. 102(4)(b), 150(3); S.I. 2013/358, art. 2(2), Sch. 2 para. 37
F15Words in s. 12(8) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 149(b)
Modifications etc. (not altering text)
C1S. 12 applied (with modifications) by 1993 c. 48, s. 170(6) (as substituted (14.6.1999 for specified purposes) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 16(2), 28(3) (with Sch. 8); S.I. 1999/1662, art 2, Sch. (with art. 4))
C2Ss. 12-15 applied (5.10.1999) by Tax Credits Act 1999 (c. 10), s. 20(2), Sch. 4 para. 3(2)(a) (with s. 19)
C3S. 12 applied (with application in accordance with reg. 1(3)(d)(e)(f) of the amending S.I.) by The Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 (S.I. 2000/1926), regs. 1(3), 9
C4S. 12 applied (22.10.2001) by The Social Security (Jobcentre Plus Interviews) Regulations 2001 (S.I. 2001/3210), regs. 1, 14(3)
C5S. 12 applied (with modifications) (temp.) (17.12.2002) by The Tax Credits (Appeals) Regulations 2002 (S.I. 2002/2926), regs. 1(1)(2), 4
C6S. 12 applied (with modifications) (25.2.2005) by The Child Trust Funds (Non-tax Appeals) Regulations 2005 (S.I. 2005/191), regs. 1(1), 6
C7S. 12 applied (with modifications) (6.4.2010) by The National Insurance Contribution Credits (Transfer of Functions) Order 2009 (S.I. 2009/1377), arts. 1(1), 3(2)(d), 4
Commencement Information
I1S. 12 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)
I2S. 12(1) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.
I3S. 12(1)(a)(b)(2)-(9) 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)
I4S. 12(1)(a)(b)(2)-(4)(6)-(9) in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)
I5S. 12(1)(a)(b)(2)-(4)(6)-(9) in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)
I6S. 12(1)(a)(b)(2)-(4)(6)-(9) 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)
I7S. 12(2)(3)(6)(7) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys