Chwilio Deddfwriaeth

Chwiliad Uwch

The Social Security and Child Support (Decisions and Appeals) Regulations 1999

Changes over time for: Cross Heading:

Help about opening options

Alternative versions:

Status:

Point in time view as at 30/03/2020.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Social Security and Child Support (Decisions and Appeals) Regulations 1999. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

E+W+S

Other persons with a right of appealE+W+S

25.  For the purposes of [F1section 12(2)][F2, but subject to regulation 3ZA,] the following other persons have a right to appeal to [F3the First-tier Tribunal]—

[F4(ai)any person who has been appointed by the Secretary of State or the Board under regulation 30(1) of the Claims and Payments Regulations (payments on death) to proceed with the claim of a person who has made a claim for benefit and subsequently died;

(aii)any person who is appointed by the Secretary of State to claim benefit on behalf of a deceased person and who claims the benefit under regulation 30(5) and (6) of the Claims and Payments Regulations;

(aiii)any person who is appointed by the Secretary of State to make a claim for reduced earnings allowance or disablement benefit in the name of a person who has died and who claims under regulation 30(6A) and (6B) of the Claims and Payments Regulations;]

(a)any person appointed by the Secretary of State [F5or the Board] under regulation 33(1) of the Claims and Payments Regulations (persons unable to act) to act on behalf of another;

(b)any person claiming attendance allowance or disability living allowance on behalf of another under section 66(2)(b) of the Contriburions and Benefits Act or, as the case may be, section 76(3) of that Act (claims on behalf of terminally ill persons);

(c) in relation to a pension scheme, any person who, for the purposes of Part X of the Pension Schemes Act 1993 M1 , is an employer, member, trustee or manager by virtue of section 146(8) of that Act.

Textual Amendments

F5 Words in reg. 25(a) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 18

Marginal Citations

Decisions against which an appeal liesE+W+S

26.  [F6Subject to regulation 3ZA,] an appeal shall lie to [F7the First-tier Tribunal] against a decision made by the Secretary of State [F8or an officer of the Board]—

(a) as to whether a person is entitled to a relevant benefit for which no claim is required by virtue of regulation 3 of the Claims and Payments Regulations M2 ; or

(b)as to whether a payment be made out of the social fund to a person to meet expenses for heating by virtue of regulations made under section 138(2) of the Contributions and Benefits Act (payments out of the social fund); [F9or

(c)under Schedule 6 to the Contributions and Benefits Act (assessment of extent of disablement) in relation to sections 103 (disablement benefit) and 108 (prescribed diseases) of that Act for the purposes of industrial injuries benefit under Part V of that Act][F10;or

(d)under section 59 of, and Schedule 7 to, the Welfare Reform and Pensions Act 1999 (couples to make joint-claim for jobseeker’s allowance) where one member of the couple is working and the Secretary of State has decided that both members of the couple are not engaged in remunerative work][F11; or

(e)under, or by virtue of regulations made under, section 23A (contributions credits for relevant parents and carers) of the Contributions and Benefits Act.]

Textual Amendments

F8 Words in reg. 26 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 19

F11 Reg. 26(e) and word inserted (6.4.2010) by The Pensions Act 2007 (Supplementary Provision) Order 2009 (S.I. 2009/2715), art. 1, 2

Marginal Citations

M2 The relevant amending instruments are S.I. 1989/136, S.I. 1994/2943 and S.I. 1996/1460.

Decisions against which no appeal liesE+W+S

27.—(1) No appeal lies to [F12the First-tier Tribunal] against a decision set out in Schedule 2.

(2) In paragraph (1) and Schedule 2, “decision” includes determinations embodied in or necessary to a decision.

F13( 3 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notice of decision against which appeal liesE+W+S

28.—(1) A person with a right of appeal under the Act or these Regulations against any decision of the Secretary of State [F14or the Board or an officer of the Board] shall—

(a)be given written notice of the decision against which the appeal lies;

(b)be informed that, in a case where that written notice does not include a statement of the reasons for that decision, he may, within one month of the date of notification of that decision, request that the Secretary of State [F14or the Board or an officer of the Board] provide him with a written statement of the reasons for that decision; and

(c)be given written notice of his right of appeal against that decision.

(2) Where a written statement of the reasons for the decision is not included in the written notice of the decision and is requested under paragraph (1)(b), the Secretary of State [F14or the Board or an officer of the Board] shall provide that statement within 14 days of receipt of the request [F15or as soon as practicable afterwards.]

Textual Amendments

F14 Words in reg. 28 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 20

F16 Further particulars required relating to certificate of recoverable benefits [F17 or, as the case may be, recoverable lump sum payments ] appeals ... E+W+S

29.—F18(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(3) [F20Where it appears to the Secretary of State that a notice of appeal in respect of an appeal under the 1997 Act relating to a certificate of recoverable benefits or, as the case may be, recoverable lump sum payments does not contain the particulars required, the Secretary of State may direct the appellant to provide such particulars.]]

(4) [F20 Where paragraph (3) applies, the time specified for making the appeal F21 ... may be extended by such period, not exceeding 14 days from the date of the Secretary of State’s direction under paragraph (3), as the Secretary of State may determine.]

(5) [F20 Where further particulars F22 ... are required under paragraph (3) they shall be sent to or delivered to the Compensation Recovery Unit of the [F23 Department for Work and Pensions ] at [F24 Durham House, Washington, Tyne and Wear, NE38 7SF] within such period as the Secretary of State may direct.]

[F25(6) The Secretary of State may treat any—

(a)purported appeal (where, as the result of regulation 9ZB(2) (consideration of review before appeal), there is no right of appeal);

(b)appeal relating to the certificate of recoverable benefits; or

(c)appeal relating to the certificate of recoverable lump sum payments,

as an application for review under section 10 of the 1997 Act.]

Textual Amendments

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

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.

Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

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.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

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:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

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.

Close

Rhagor o Adnoddau

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:

  • y PDF print gwreiddiol y fel gwnaed fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill

The data on this page is available in the alternative data formats listed: