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

SCHEDULE 1 Provisions conferring powers exercised in making these Regulations

Column (1)		Column (2)
Provision		Relevant Amendments
Vaccine Damage Payments Act 1979(1)	Section 4(2) and (3)	The Act, Section 46.
	Section 7A(1)	The Act, Section 47.
Child Support Act 1991(2)	Section 16(6)	The Act, Section 40.
	Section 20(5) and (6)	The Act, Section 42.
	Section 28ZA(2)(b) and (4)(c)	The Act, Section 43.
	Section 28ZB(6)(c)	The Act, Section 43.
	Section 28ZC(7)	The Act, Section 44.
	Section 28ZD(1) and (2)	The Act, Section 44.
	Section 46B	The Act, Schedule 7, paragraph 44.
	Section 51(2)	The Act, Schedule 7, paragraph 46.
	Schedule 4A, paragraph 8	The Act, Schedule 7, paragraph 53.
Social Security Administration Act 1992(3)	Section 5(1)(hh)	The Act, Section 74.
	Section 159	The Act, Schedule 7, paragraph 95.
	Section 159A	The Act, Schedule 7, paragraph 96.
Pension Schemes Act 1993(4)	Section 170(3)	The Act, Schedule 7, paragraph 131.
Social Security (Recovery of Benefits) Act 1997(5)	Section 10	The Act, Schedule 7, paragraph 149.
	Section 11(5)
Social Security Act 1998(6)	Section 6(3)
	Section 7(6)
	Section 9(1), (4) and (6)
	Section 10(3) and (6)
	Section 11(1)
	Section 12(2) and (3), (6) and (7)
	Section 14(10)(a) and (11)
	Section 16(1) and Schedule 5
	Section 17
	Section 18(1)
	Section 20
	Section 21(1) to (3)
	Section 22
	Section 23
	Section 24
	Section 25(3)(b) and (5)(c)
	Section 26(6)(c)
	Section 28(1)
	Section 31(2)
	Section 79(1) and (3) to (7)
	Section 84
	Schedule 1, paragraphs 7, 11 and 12
	Schedule 2, paragraph 9
	Schedule 3, paragraphs 1, 4 and 9

Regulation 27

SCHEDULE 2 Decisions against which no appeal lies

Child Benefit

1.  A decision of the Secretary of State as to whether an educational establishment be recognised for the purposes of Part IX of the Contributions and Benefits Act.

2.  A decision of the Secretary of State to recognise education provided otherwise than at a recognised educational establishment.

3.  A decision of the Secretary of State made in accordance with the discretion conferred upon him by the following provisions of the Child Benefit (Residence and Persons Abroad) Regulations 1976(7)—

(a) regulation 2(2)(c)(iii) (decision relating to a child’s temporary absence abroad);

(b) regulation 7(3) (certain days of absence abroad disregarded).

4.  A decision of the Secretary of State made in accordance with the discretion conferred upon him by regulation 2(1) or (3) of the Child Benefit (General) Regulations 1976(8) (provisions relating to contributions and expenses in respect of a child).

Claims and Payments

5.  A decision of the Secretary of State under the Claims and Payments Regulations except a decision under—

(a) regulation 19 as to the time for claiming benefit;

(b) regulation 37AB(9) as to the payment of withheld benefit;

(c) regulation 38 as to the extinguishment of the right to payment of sums by way of benefit where payment is not obtained within the prescribed period; and

(d) the following provisions of Schedule 9 and regulation 35(1) in so far as it relates to them—

(i) paragraph 3 relating to the amount deductible by way of housing costs;

(ii) paragraph 4 relating to the amount of miscellaneous housing costs payable direct to a third party;

(iii) paragraph 4A(10) relating to the direct payment to a third party of benefit payable to or in respect of persons resident in hostels;

(iv) paragraph 5 relating to payments of benefit direct to the claimant’s or his partner’s landlord;

(v) paragraph 6 relating to the payment out of benefit of fuel costs;

(vi) paragraph 7 relating to the payment out of benefit of water charges;

(vii) paragraph 7A(11) in connection with amounts payable in place of child support maintenance;

(viii) paragraph 7B(12) as to whether an amount in respect of arrears of child support maintenance is to be deducted from a person’s jobseeker’s allowance; and

(ix) paragraph 9(3) as to the priority between liabilities for items of gas and electricity.

Contracted Out Pension Schemes

6.  A decision of the Secretary of State under section 109 of the Pension Schemes Act 1993(13) or any Order made under it (annual increase of guaranteed minimum pensions).

Decisions depending on other cases

7.  A decision of the Secretary of State under section 25 or 26 (decisions and appeals depending on other cases).

Deductions

8.  A decision which falls to be made by the Secretary of State under the Fines (Deductions from Income Support) Regulations 1992(14), other than one falling within regulation 4 of those Regulations.

9.—(1) Except in relation to a decision to which sub-paragraph (2) applies, any decision of the Secretary of State under the Community Charges (Deductions from Income Support) (No.2) Regulations 1990(15), the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989(16) or the Council Tax (Deductions from Income Support) Regulations 1993(17).

(2) This sub-paragraph applies to a decision—

(a) whether there is an outstanding sum due of the amount sought to be deducted;

(b) whether benefit is sufficient for a deduction to be made; and

(c) on the priority to be given to any deduction.

European Community Regulations

10.  An authorization given by the Secretary of State in accordance with article 22(1) or 55(1) of Council Regulation (EEC) No. 1408/71(18) on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community.

Expenses

11.  A decision of the Secretary of State whether to pay expenses to any person under section 180 of the Administration Act.

Guardian’s Allowance

12.  A decision of the Secretary of State relating to the giving of a notice under regulation 5(8) of the Social Security (Guardian’s Allowance) Regulations 1975(19) (children whose surviving parents are in prison or legal custody).

Income Support

13.  A decision of the Secretary of State which embodies a determination made in accordance with paragraph (1) or (2) of regulation 13 (income support and social fund determinations on incomplete evidence).

Industrial Injuries Benefit

14.  A decision of the Secretary of State relating to the question whether—

(a) disablement pension be increased under section 104 of the Contributions and Benefits Act (constant attendance); or

(b) disablement pension be further increased under section 105 of the Contributions and Benefits Act (exceptionally severe disablement);

and if an increase is to be granted or renewed, the period for which and the amount at which it is payable.

15.  A decision of the Secretary of State under regulation 2(2) of the Social Security (Industrial Injuries and Diseases) Miscellaneous Provisions Regulations 1986(20) as to the length of any period of interruption of education which is to be disregarded.

16.  A decision of the Secretary of State to approve or not to approve a person undertaking work for the purposes of regulation 17 of the Social Security (General Benefit) Regulations 1982(21).

17.  A decision of the Secretary of State as to how the limitations under Part VI of Schedule 7 to the Contributions and Benefits Act on the benefit payable in respect of any death are to be applied in the circumstances of any case.

Invalid Vehicle Scheme

18.  A decision of the Secretary of State relating to the issue of certificates under regulation 13 of, and Schedule 2 to, the Social Security (Disability Living Allowance) Regulations 1991(22).

Jobseeker’s Allowance

19.—(1) A decision of the Secretary of State under Chapter IV of Part II of the Jobseeker’s Allowance Regulations as to the day and the time a claimant is to attend at a job centre.

(2) A decision of the Secretary of State as to the day of the week on which a claimant is required to provide a signed declaration under regulation 24(10) of the Jobseeker’s Allowance Regulations.

(3) A decision of the Secretary of State which embodies a determination made in accordance with regulation 15 (Jobseeker’s allowance determinations on incomplete evidence).

Payments on Account, Overpayments and Recovery

20.  A decision of the Secretary of State under the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988(23), except a decision of the Secretary of State under the following provisions of those Regulations—

(a) regulation 3(1)(a) to offset any interim payment made in anticipation of an award of benefit;

(b) regulation 4(1) as to the overpayment of an interim payment;

(c) regulation 5 as to the offsetting of a prior payment against a subsequent award;

(d) regulation 11(1) as to whether a payment in excess of entitlement has been credited to a bank or other account;

(e) regulation 13 as to the sums to be deducted in calculating recoverable amounts;

(f) regulation 14(1) as to the treatment of capital to be reduced;

(g) regulation 19 determining a claimant’s protected earnings; and

(h) regulation 24 whether a determination as to a claimant’s protected earnings is revised or superseded.

Persons Abroad

21.  A decision of the Secretary of State made under—

(a) regulation 2(1)(a) of the Social Security Benefit (Persons Abroad) Regulations 1975(24) whether to certify that it is consistent with the proper administration of the Contributions and Benefits Act that a disqualification under section 113(1)(a) of that Act should not apply;

(b) regulation 9(4) or (5) of those Regulations whether to allow a person to avoid disqualification for receiving benefit during a period of temporary absence from Great Britain longer than that specified in the regulation.

Reciprocal Agreements

22.  A decision of the Secretary of State made in accordance with an Order made under section 179 of the Administration Act (reciprocal agreements with countries outside the United Kingdom).

Social Fund Awards

23.  A decision of the Secretary of State under section 78 of the Administration Act relating to the recovery of social fund awards.

Suspension

24.  A decision of the Secretary of State relating to the suspension of a relevant benefit or to the payment of such a benefit which has been suspended under Part III.

Up-rating

25.  A decision of the Secretary of State relating to the up-rating of benefits under Part X of the Administration Act.

Regulations 1(3) and 35

SCHEDULE 3 Qualifications of Persons Appointed to the Panel

Legal Qualifications

1.  Persons who—

(a) have a general qualification (construed in accordance with section 71 of the Courts and Legal Services Act 1990(25)); or

(b) are advocates or solicitors in Scotland.

Medical Qualifications

2.  Fully registered medical practitioners, where—

(a) the practitioner’s name appears on a medical specialist register maintained in any EEA State in accordance with the Medical Directive; or

(b) the practitioner holds a vocational training certificate or a certificate of acquired rights in an EEA State other than the United Kingdom which must in his case be recognised in the United Kingdom by virtue of the Medical Directive (whether or not as read with the EEA Agreement) or by virtue of an enforceable community right; or

(c) the practitioner does not satisfy the requirements of sub-paragraphs (a) or (b) above, but has not less than 10 years experience in clinical practice, or as a medical analyst or research worker in disciplines which are the same or similar to those undertaken by practitioners to whom those sub-paragraphs apply.

3.  In paragraph 2 above and in this paragraph—

“EEA Agreement” means the Agreement of the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993(26);

“EEA State” means a state which is a contracting party to the EEA Agreement;

“Medical Directive” means Council Directive 93/16/EEC of 5th April 1993 to facilitate the free movement of doctors and the mutual recognitions of their diplomas, certificates and other evidence of formal qualifications(27), as amended by Council Directive 97/50/EC of 6th October 1997(28);

“Vocational training certificate” means a diploma, certificate or other evidence of formal qualifications awarded on completion of a course of specific training in general medical practice and referred to in article 30 of the Medical Directive.

Financial Qualifications

4.  Accountants who are members of—

(a) the Institute of Chartered Accountants in England and Wales;

(b) the Institute of Chartered Accountants in Scotland;

(c) the Institute of Chartered Accountants in Ireland;

(d) the Association of Chartered Certified Accountants;

(e) the Chartered Institute of Management Accountants; or

(f) the Chartered Institute of Public Finance and Accountancy.

Disability Qualifications

5.  Persons, other than registered medical practitioners, who are experienced in dealing with the needs of disabled persons—

(a) in a professional or voluntary capacity; or

(b) because they are themselves disabled.

Regulation 59

SCHEDULE 4 REVOCATIONS

Column 1	Column 2	Column 3
Statutory Instrument Number	Statutory Instrument	Provision Revoked
1979/432	The Vaccine Damage Payments Regulations 1979	Part III
1992/2641	The Child Support Appeal Tribunals (Procedure) Regulations 1992	The whole Regulations
1995/311	The Social Security (Incapacity for Work) (General) Regulations 1995	Regulations 19 and 20 to 22
1995/1801	The Social Security (Adjudication) Regulations 1995	The whole Regulations
1996/182	The Social Security (Adjudication) and Child Support Amendment Regulations 1996	Regulation 2
1996/425	The Social Security (Industrial Injuries and Diseases) (Miscellaneous Amendments) Regulations 1996	Regulation 2
1996/1518	The Social Security (Adjudication) Amendment Regulations 1996	The whole Regulations
1996/2306	The Social Security (Claims and Payments and Adjudication) Amendment Regulations 1996	Regulations 8 and 9
1996/2450	The Social Security (Adjudication) and Child Support Amendment (No.2) Regulations 1996	Regulations 2 to 13
1996/2659	The Social Security (Adjudication) Amendment (No.2) Regulations 1996	The whole Regulations
1997/65	The Income-Related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997	Regulation 16
1997/793	The Social Security (Miscellaneous Amendments) (No.2) Regulations 1997	Regulations 1(2)(a) and 8 to 17
1997/810	The Social Security (Industrial Injuries) (Miscellaneous Amendments) Regulations 1997	Regulations 2, 3 and 4
1997/995	The Social Security (Adjudication) and Commissioners Procedure and Child Support Commissioners (Procedure) Amendment Regulations 1997	In regulation 1(2), the definition of “the Adjudication Regulations” and regulations 2 to 6
1997/1839	The Social Security (Attendance Allowance and Disability Living Allowance) (Miscel laneous Amendments) Regulations 1997	In regulation 1(2) the definition of “the Adjudication Regulations” and regulation 4
1997/2237	The Social Security (Recovery of Benefits) (Appeals) Regulations 1997	The whole Regulations
1997/2305	The Social Security (Miscellaneous Amendments) (No.4) Regulations 1997	Regulation 4

(1)

1979 c. 17.

(2)

1991 c. 48.

(3)

1992 c. 5.

(4)

1993 c. 48.

(5)

1997 c. 27.

(6)

1998 c. 14.

(7)

S.I. 1976/963; the relevant amending instrument is S.I. 1976/1758.

(8)

S.I. 1976/965; the relevant amending instrument is S.I. 1976/1758.

(9)

Regulation 37AB was inserted by S.I. 1994/2319.

(10)

Paragraph (4A) was inserted by S.I. 1991/2284 and amended by S.I. 1992/2595.

(11)

Paragraph 7A was inserted by S.I. 1993/478, substituted by S.I. 1993/2113 and then amended by S.I. 1996/481.

(12)

Paragraph 7B was inserted by S.I. 1996/2344.

(13)

1993 c. 48.

(14)

S.I. 1992/2182.

(15)

S.I. 1990/545.

(16)

S.I. 1989/507.

(17)

S.I. 1993/494.

(18)

See Council Regulation (EEC) No. 1408/71, O.J. No. L149/2, 5.7.71 (O.J./S.E. 1971(II) page 416).

(19)

S.I. 1975/515.

(20)

S.I. 1986/1561.

(21)

S.I. 1982/1408; the relevant amending instruments are S.I. 1983/186 and S.I. 1986/1561.

(22)

S.I. 1991/2890.

(23)

S.I. 1988/664; the relevant amending instruments are S.I. 1988/668, 1991/2742, 1993/650 and 1996/1345.

(24)

S.I. 1975/563; the relevant amending instruments are S.I. 1976/409, 1977/342 and 1679, 1979/463 and 1432, 1981/1157, 1982/388 and 1738, 1983/186, 1984/1303, 1986/1545 and 1561, 1988/435, 1989/1642, 1990/40 and 621, 1991/2742, 1992/1700 and 2595, 1994/268 and 1832, 1995/829 and 1996/207 and 1345.

(25)

1990 c. 41.

(26)

Cm. 2183 and OJ No.L1, 3.1. 1994, p.572.

(27)

OJ. No. L165, 7.7. 1993 page 1.

(28)

OJ. No. L921, 24.10. 1997, page 35.