Reviews and appeals

C120F1 Appeals to appeal tribunals.

1

A qualifying person has a right of appeal to an appeal tribunal against—

a

a decision of the Secretary of State under section 11, 12 or 17 (whether as originally made or as revised under section 16);

b

a decision of the Secretary of State not to make a maintenance calculation under section 11 or not to supersede a decision under section 17;

c

a reduced benefit decision under section 46;

d

the imposition (by virtue of section 41A) of a requirement to make penalty payments, or their amount;

e

the imposition (by virtue of section 47) of a requirement to pay fees.

2

In subsection (1), “qualifying person” means—

a

in relation to paragraphs (a) and (b)—

i

the person with care, or non-resident parent, with respect to whom the Secretary of State made the decision, or

ii

in a case relating to a maintenance calculation which was applied for under section 7, either of those persons or the child concerned;

b

in relation to paragraph (c), the person in respect of whom the benefits are payable;

c

in relation to paragraph (d), the parent who has been required to make penalty payments; and

d

in relation to paragraph (e), the person required to pay fees.

3

A person with a right of appeal under this section shall be given such notice as may be prescribed of—

a

that right; and

b

the relevant decision, or the imposition of the requirement.

4

Regulations may make—

a

provision as to the manner in which, and the time within which, appeals are to be brought; and

b

such provision with respect to proceedings before appeal tribunals as the Secretary of State considers appropriate.

5

The regulations may in particular make any provision of a kind mentioned in Schedule 5 to the Social Security Act 1998.

6

No appeal lies by virtue of subsection (1)(c) unless the amount of the person’s benefit is reduced in accordance with the reduced benefit decision; and the time within which such an appeal may be brought runs from the date of notification of the reduction.

7

In deciding an appeal under this section, an appeal tribunal—

a

need not consider any issue that is not raised by the appeal; and

b

shall not take into account any circumstances not obtaining at the time when the Secretary of State made the decision or imposed the requirement.

8

If an appeal under this section is allowed, the appeal tribunal may—

a

itself make such decision as it considers appropriate; or

b

remit the case to the Secretary of State, together with such directions (if any) as it considers appropriate.