[F1Appeals to appeal tribunalsU.K.
Textual Amendments
F1Sch. 4C inserted (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 54; S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(g)(v)
3(1)Subject to sub-paragraphs (2) and (3), section 20 shall apply—U.K.
(a)in relation to a qualifying person who is aggrieved by any decision of the Secretary of State with respect to a departure direction; and
(b)in relation to any person who is aggrieved by a decision of the Secretary of State—
(i)with respect to a reduced benefit direction; or
(ii)with respect to a person’s liability under section 43,
as it applies in relation to a person whose application for a maintenance assessment is refused or to such a person as is mentioned in subsection (2) of section 20.
(2)On an appeal under section 20 as extended by sub-paragraph (1)(a), the appeal tribunal shall—
(a)consider the matter—
(i)as if it were exercising the powers of the Secretary of State in relation to the application in question; and
(ii)as if it were subject to the duties imposed on him in relation to that application;
(b)have regard to any representations made to it by the Secretary of State; and
(c)confirm the decision or replace it with such decision as the tribunal considers appropriate.
(3)No appeal shall lie under section 20 as extended by sub-paragraph (1)(b)(i) unless the amount of the person’s benefit is reduced in accordance with the reduced benefit direction; and the time within which such an appeal may be brought shall run from the date of the notification of the reduction.
(4)In sub-paragraph (1) “qualifying person” means—
(a)the person with care, or absent parent, with respect to whom the current assessment was made; or
(b)where the application for the current assessment was made under section 7, either of those persons or the child concerned.]