[F14 Appeals to appeal tribunals.U.K.
(1)The claimant may appeal to [F2the First-tier Tribunal] against any decision of the Secretary of State under section 3 or 3A above.
F3[F3(1B)If the claimant's address is not in Northern Ireland, regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal only if the Secretary of State has considered whether to reverse the decision under section 3A.]
F3[F3(1C)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.]
(2)Regulations may make—
(a)provision as to the manner in which, and the time within which, appeals are to be brought; F4. . .
(b)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5[F5(c)provision that, where in accordance with regulations under subsection (1B) there is no right of appeal against a decision, any purported appeal may be treated as an application to reverse the decision under section 3A.]
(3)The regulations may in particular make any provision of a kind mentioned in Schedule 5 to the Social Security Act 1998.
(4)In deciding an appeal under this section, [F6the First-tier Tribunal] shall consider all the circumstances of the case (including any not obtaining at the time when the decision appealed against was made).]
Textual Amendments
F1S. 4 substituted (4.3.1999 for certain purposes, 18.10.1999 insofar as not already in force for certain purposes on 18.10.1999 and otherwise prosp. ) by 1998 c. 14, ss. 46, 87; S.I. 1999/528, art. 2, Sch.; S.I. 1999/2860, art. 2, Sch. 1 (subject to transitional provisions in Schs. 16-18)
F2Words in s. 4(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 32(a)
F3S. 4(1B)(1C) inserted (25.2.2013 for specified purposes) by virtue of Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 11 para. 2(2) (with s. 102(7)-(9)); S.I. 2013/358, art. 2(1), Sch. 1 para. 18, Sch. 1 para. 24
F4S. 4(2)(b) and preceding word omitted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 32(b)
F5S. 4(2)(c) inserted (25.2.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 11 para. 2(3); S.I. 2013/358, art. 2(1), Sch. 1 para. 18, Sch. 1 para. 24
F6Words in s. 4(4) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 32(c)