Decisions against which an appeal lies
26. An appeal shall lie to an appeal tribunal against a decision made by the Secretary of State—
(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(1); 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).