Social Security Act 1998
Part IDecisions and Appeals
Chapter IGeneral
Decisions
1Transfer of functions to Secretary of State
2Use of computers
3Use of information
Appeals
4Unified appeal tribunals
5President of appeal tribunals
6Panel for appointment to appeal tribunals
7Constitution of appeal tribunals
Chapter IISocial Security Decisions and Appeals
Decisions
8Decisions by Secretary of State
9Revision of decisions
10Decisions superseding earlier decisions
Reference of issues by Secretary of State to Inland Revenue
10A Reference of issues by Secretary of State to Inland Revenue.
11Regulations with respect to decisions
Appeals
12Appeal to First-tier Tribunal
13Redetermination etc. of appeals by tribunal
14Appeal from First-tier Tribunal to Upper Tribunal
15Applications for permission to appeal against a decision of the Upper Tribunal
15AFunctions of Senior President of Tribunals
Procedure etc.
16Procedure
17Finality of decisions
18Matters arising as respects decisions
Medical examinations
19Medical examination required by Secretary of State
20Medical examination required by appeal tribunal
20ATravelling and other allowances
Suspension and termination of benefit
21Suspension in prescribed circumstances
22Suspension for failure to furnish information etc
23Termination in cases of failure to furnish information
24Suspension and termination for failure to submit to medical examination
Appeals dependent on issues falling to be decided by Inland Revenue
24A Appeals dependent on issues falling to be decided by Inland Revenue.
Decisions and appeals dependent on other cases
25Decisions involving issues that arise on appeal in other cases
26Appeals involving issues that arise on appeal in other cases
Cases of error
27Restrictions on entitlement to benefit in certain cases of error
28Correction of errors and setting aside of decisions
Industrial accidents
29Decision that accident is an industrial accident
30Effect of decision
Other special cases
31Incapacity for work
32Industrial diseases
33Christmas bonus
Housing benefit and council tax benefit
34Determination of claims and reviews
35Suspension of benefit in prescribed circumstances
Social fund payments
36Appropriate officers
37The social fund Commissioner and inspectors
38Reviews of determinations
Supplemental
39ZACertificates
39Interpretation etc. of Chapter II
Chapter IIIOther Decisions and Appeals
Child support
40Child support: revision of decisions
41Child support: decisions superseding earlier decisions
42Child support: appeals to appeal tribunals
43Child support: decisions and appeals dependent on other cases
44Child support: cases of error
Vaccine damage payments
45Vaccine damage payments: decisions reversing earlier decisions
46Vaccine damage payments: appeals to appeal tribunals
47Vaccine damage payments: correction of errors etc
Part IIContributions
Amendments of Contributions and Benefits Act
48Apportionment of payments etc. made for more than one earner
49Payments on account of directors' contributions
50Payments treated as remuneration and earnings
51Class 1 contributions
52Class 1A contributions
53Class 1B contributions
54Contributions paid in error
55Recovery of primary Class 1 contributions by secondary contributors
56Contributions returns
57Collection of contributions by Secretary of State
58Interest and penalties chargeable concurrently with Inland Revenue
59Levy of Class 4 contributions with income tax
Amendments of Administration Act
60Breach of regulations
61Offences and penalties relating to contributions
62Evidence of non-payment
63Recovery of contributions etc
64Liability of directors etc. for company’s contributions
65Class 1B contributions: supplemental
66Payments of certain contributions out of the Consolidated Fund
Part IIIBenefits
Amendments etc. of Contributions and Benefits Act
67Daily rate of maternity allowance
68Rates of short-term incapacity benefit
69Validation of certain housing benefit determinations
70Discretionary payments out of social fund
71Budgeting loans: criteria for making awards
72Power to reduce child benefit for lone parents
73Statutory sick pay not precluded by maternity allowance
Amendments of Administration Act
74Provision of information
75Overpayments out of social fund
76Power to anticipate pensions up-rating order
Part IVMiscellaneous and supplemental
77Pilot schemes
78Expenditure for facilitating transfer of functions etc
79Regulations and orders
80Parliamentary control of regulations
81Reports by Secretary of State
82Financial provisions
83Transitory provisions
84Interpretation: general
85Provision for Northern Ireland
86Minor and consequential amendments and repeals
87Short title, commencement and extent
SCHEDULES
SCHEDULE 1Appeal tribunals: supplementary provisions
Tenure of office
1(1) Subject to the following provisions of this paragraph, the...
Remuneration etc.
2The Secretary of State may pay, or make such payments...
3The Secretary of State may pay, or make such payments...
4(1) The Secretary of State may pay—
5(1) Subject to sub-paragraph (2) below, the Secretary of State...
Officers and staff
6The Secretary of State may appoint such officers and staff...
Functions of President
7The President shall ensure that appropriate steps are taken by...
8(1) The President shall, after the requisite consultation, arrange such...
9The President shall supply the Secretary of State with such...
10Each year the President shall make to the Secretary of...
Clerks to appeal tribunals
11The Secretary of State may by regulations provide—
Delegation of certain functions of appeal tribunals
12(1) The Secretary of State may by regulations provide—
Certificates
13A document bearing a certificate which— (a) is signed by...
SCHEDULE 2Decisions against which no appeal lies
Jobseeker’s allowance for persons under 18
1In relation to a person who has reached the age...
Christmas bonus
2A decision whether a person is entitled to payment under...
Priority between persons entitled to carer’s allowance , carer support payment and the carer element of universal credit
3A decision as to whether a person has entitlement under...
Priority between persons entitled to child benefit
4A decision as to the exercise of the discretion under...
Persons treated as if present in Great Britain
5A decision whether to certify, in accordance with regulations made...
Work-focused interviews
5AA decision terminating or reducing the amount of a person’s...
Alteration of rates of benefit
6A decision as to the amount of benefit to which...
Increases in income support due to attainment of particular ages
7A decision as to the amount of benefit to which...
Reduction in accordance with reduced benefit decision
8A decision to reduce the amount of a person’s benefit...
Reduction on application of benefit cap
8AA decision to apply the benefit cap in accordance with...
Power to prescribe other decisions
9Such other decisions as may be prescribed.
SCHEDULE 3Decisions against which an appeal lies
Part IBenefit decisions
Entitlement to benefit without a claim
1In such cases or circumstances as may be prescribed, a...
2If so, a decision as to the amount to which...
Payability of benefit
3A decision whether a relevant benefit (or a component of...
3AA decision as to the amount of a relevant benefit...
Payments to third parties
4Except in such cases or circumstances as may be prescribed,...
Recovery of benefits
5A decision whether payment is recoverable under section 71 or...
6If so, a decision as to the amount of payment...
6AA decision as to whether payment of housing credit (within...
6BA decision as to the amount of payment recoverable under...
State pension: prisoners and overseas residents
6CA decision that a state pension under Part 1 of...
6DA decision that a person is not entitled to increases...
Industrial injuries benefit
7A decision whether an accident was an industrial accident for...
Jobseekers' agreements
8A decision in relation to a jobseeker’s agreement as proposed...
State pension credit
8AA decision whether to specify a period as an assessed...
8BIf so, a decision as to the period to be...
8CA decision whether an assessed income period comes to an...
8DIf so, a decision as to when the assessed income...
Power to prescribe other decisions
9Such other decisions relating to a relevant benefit as may...
Part IIContributions decisions
Categorisation of earners
10A decision whether a person is an earner.
11If so, a decision as to the category of earners...
Compulsory contributions
12A decision whether a person is liable to pay contributions...
13If so, a decision as to the amount that the...
Voluntary contributions
14A decision whether a person is entitled to pay contributions...
15If so, a decision as to the amount that the...
Responsibilities at home
16A decision whether a person was (within the meaning of...
Earnings and contributions credits
17A decision whether a person is entitled to be credited...
Statutory sick pay
18A decision whether an employer is entitled to make any...
19If so, a decision as to the amount that he...
Statutory maternity pay
20A decision whether an employer is entitled to make any...
21If so, a decision as to the amount that he...
Liability of directors etc. for company’s contributions
22Subject to the provisions of section 121D of the Administration...
Preserved rights to benefit etc.
23A decision falling to be made by virtue of regulations...
Employment of long-term unemployed
24A decision falling to be made under section 27 of...
Interest and penalties
25A decision whether a person is liable to pay interest...
26A decision whether a person is liable to a penalty...
27A decision whether to charge any interest or penalty under...
28A decision as to the amount of interest or penalty...
Power to prescribe other decisions
29Such other decisions relating to contributions as may be prescribed....
SCHEDULE 4Social Security Commissioners
Appointment
1(1) Her Majesty may from time to time appoint, from...
Remuneration etc.
2The Lord Chancellor shall pay to a Commissioner such salary...
3(1) The Lord Chancellor or, in Scotland, the Secretary of...
Tenure of office
4(1) Commissioners shall vacate their offices on the day on...
5(1) A Commissioner may be removed from office by the...
Delegation of functions
6The Lord Chancellor may by regulations provide—
Certificates
7A document bearing a certificate which— (a) is signed by...
Supplemental
8Where the Lord Chancellor proposes to exercise a power conferred...
SCHEDULE 5Regulations as to procedure: provision which may be made
1Provision prescribing the procedure to be followed in connection with—...
2Provision as to the striking out or reinstatement of proceedings....
3Provision as to the form which is to be used...
4Provision as to the time within which, or the manner...
5Provision for summoning persons to attend and give evidence or...
6Provision with respect to the procedure to be followed on...
7Provision for authorising an appeal tribunal consisting of two or...
8Provision for empowering an appeal tribunal to give directions for...
9Provision for the non-disclosure to a person of the particulars...
SCHEDULE 6Transitory provisions
Constitution of appeal tribunals
1In relation to any time before the commencement of section...
Claims no longer subsisting after decisions made
2In relation to any time before the commencement of section...
Appeals to tribunals
3(1) In relation to appeals brought after the passing of...
Appeals to Commissioners
4(1) In relation to any time before the commencement of...
Suspension of benefit in prescribed circumstances
5(1) In relation to any time before the commencement of...
Restrictions on entitlement in certain cases of error
6In relation to applications under section 26(1) or 30 of...
Reviews of social fund determinations
7In relation to any time before the commencement of section...
Overpayments out of social fund
8In relation to any time before the commencement of sections...
Child support: appeals to tribunals
9In relation to appeals brought after the passing of this...
SCHEDULE 7Minor and consequential amendments
Army Act 1955 (c. 18)
1In section 150A(3) of the Army Act 1955 (enforcement of...
Air Force Act 1955 (c. 19)
2In section 150A(3) of the Air Force Act 1955 (enforcement...
Parliamentary Commissioner Act 1967 (c. 13)
3(1) In subsection (8) of section 5 of the Parliamentary...
House of Commons Disqualification Act 1975 (c. 24)
4(1) In Part III of Schedule 1 to the House...
Vaccine Damage Payments Act 1979 (c. 17)
5In subsection (4) of section 3 of the Vaccine Damage...
6In section 5 of that Act (reconsideration of determinations and...
7(1) In subsection (3) of section 7 of that Act...
8After section 7A of that Act there shall be inserted...
9In subsection (3) of section 8 of that Act (regulations)—...
10In section 12 of that Act (financial provisions), subsection (1)...
Forfeiture Act 1982 (c. 34)
11(1) In subsection (2)(b) of section 4 of the Forfeiture...
Debtors (Scotland) Act 1987 (c. 18)
12In subsection (5)(f) of section 1 (competence of time to...
13In section 106 of that Act (interpretation), in the definition...
14In paragraph 35 of Schedule 5 to that Act (interpretation),...
Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47)
15In paragraph 7A of Schedule 2 to the Abolition of...
Income and Corporation Taxes Act 1988 (c. 1)
16In subsection (3) of section 172 of the Income and...
Local Government Finance Act 1988 (c. 41)
17In sub-paragraph (2)(a) of paragraph 6 of Schedule 4 to...
Child Support Act 1991 (c. 48)
18In section 2 of the Child Support Act (welfare of...
19In subsection (4) of section 4 of that Act (child...
20. . . . . . . . . ....
21In subsection (5) of section 7 of that Act (right...
22In subsections (1) and (2) of section 8 of that...
23(1) In subsection (4) of section 10 of that Act...
24(1) In subsection (1) of section 11 of that Act...
25. . . . . . . . . ....
26Section 13 of that Act (child support officers) shall cease...
27In section 14 of that Act (information required by Secretary...
28In subsection (1) of section 15 of that Act (powers...
29In subsection (4)(a) of section 22 of that Act (Child...
30(1) In subsection (1) of section 24 of that Act...
31(1) In subsection (1) of section 26 of that Act...
32In subsection (1) of section 27 of that Act (reference...
33In subsection (1) of section 28 of that Act (power...
34. . . . . . . . . ....
35(1) In section 28B of that Act (preliminary consideration of...
36In subsections ... (3) of section 28D of that Act...
37In subsection (6) of section 28F of that Act (departure...
38Subsection (1) of section 28G of that Act (effect and...
39For section 28H of that Act there shall be substituted...
40After subsection (2) of section 43 of that Act (contribution...
41In subsection (1) of section 44 of that Act (jurisdiction),...
42(1) In subsection (1) of section 45 of that Act...
43(1) In subsection (2) of section 46 of that Act...
44After that section there shall be inserted the following sections—...
45In subsection (5) of section 50 of that Act (unauthorised...
46In subsection (2) of section 51 of that Act (supplementary...
47In section 54 of that Act (interpretation)—
48(1) In paragraph 8 of Schedule 1 to that Act...
49Paragraph 2 of Schedule 2 to that Act (local authority...
50Schedule 3 to that Act (child support appeal tribunals) shall...
51In paragraph 2A of Schedule 4 to that Act (Child...
52(1) In sub-paragraph (1) of paragraph 5 of Schedule 4...
53(1) In paragraph 1 of Schedule 4A to that Act...
54After Schedule 4B to that Act there shall be inserted...
Criminal Justice Act 1991 (c. 53)
55In subsection (2)(b) of section 24 of the Criminal Justice...
Social Security Contributions and Benefits Act 1992 (c. 4)
56(1) In subsection (2) of section 1 of the Contributions...
57After subsection (2) of section 6 of that Act (liability...
58(1) In subsection (5) of section 10 of that Act...
59After subsection (3) of section 14 of that Act (restriction...
60After subsection (5) of section 21 of that Act (contribution...
61In subsection (4) of section 22 of that Act (earnings...
62In subsection (2) of section 54 of that Act (Category...
63In subsection (5)(c) of section 95 of that Act (relevant...
64In subsection (1)(b) of section 97 of that Act (accidents...
65In subsection (2) of section 109 of that Act (general...
66In subsection (3) of section 113 of that Act (general...
67In subsection (2) of section 116 of that Act (Her...
68In subsection (1) of section 117 of that Act (mariners,...
69In section 119 of that Act (persons outside Great Britain),...
70In subsection (1) of section 120 of that Act (employment...
71In subsection (1) of section 122 of that Act (interpretation...
72(1) For subsection (1) of section 139 of that Act...
73(1) In subsection (1) of section 140 of that Act...
74In subsection (1) of section 163 of that Act (interpretation...
75In subsection (1) of section 171 of that Act (interpretation...
76In subsection (2) of section 171E of that Act (incapacity...
77(1) In the heading to Schedule 1 to that Act...
Social Security Administration Act 1992 (c. 5)
78In subsection (2) of section 3 of the Administration Act...
79(1) In subsection (1) of section 5 of that Act...
80In subsection (1) of section 6 of that Act (regulations...
81(1) In subsection (2) of section 71 of that Act...
82In subsection (1) of section 71A of that Act (recovery...
83In section 116 of that Act (legal proceedings), subsection (6)...
84For section 117 of that Act there shall be substituted...
85Subsection (2) of section 119 of that Act (recovery of...
86(1) In subsection (1) of section 120 of that Act...
87In subsections (1) and (2) of section 121 of that...
88In subsection (6A) of section 123 of that Act (unauthorised...
89In subsection (1) of section 125 of that Act (regulations...
90(1) In subsection (1) of section 143 of that Act...
91In section 144 of that Act (supplementary provisions about orders...
92For subsections (1) to (3) of section 145 of that...
93Section 146 of that Act (power to alter number of...
94In subsections (1), (2) and (3) of section 147 of...
95In subsection (2) of section 159 of that Act (effect...
96In subsection (3) of section 159A of that Act (effect...
97In subsection (2) of section 160 of that Act (implementation...
98In subsection (2) of section 160A of that Act (implementation...
99(1) After subsection (2) of section 162 of that Act...
100(1) In subsection (4) of section 163 of that Act...
101In section 164 of that Act (destination of payments etc.),...
102(1) In subsection (1) of section 166 of that Act...
103(1) In subsection (3)(a) of section 168 of that Act...
104In subsection (5) of section 170 of that Act (the...
105In subsection (5) of section 177 of that Act (co-ordination...
106(1) In subsection (1) of section 178 of that Act...
107(1) In subsection (3)(a) of section 179 of that Act...
108In section 180 of that Act (payment of travelling expenses...
109In section 189 of that Act (regulations and orders: general),...
110(1) In subsection (1)(a) of section 190 of that Act...
111In section 191 of that Act (interpretation)—
112In subsection (5) of section 192 of that Act (short...
113In Part I of Schedule 4 to that Act (persons...
114(1) In Part I of Schedule 7 to that Act...
115In paragraph 1(6) of Schedule 9 to that Act (old...
116(1) In sub-paragraph (1) of paragraph 3 of Schedule 10...
Local Government Finance Act 1992 (c. 14)
117In sub-paragraph (2)(a) of paragraph 6 of Schedule 4 to...
Tribunals and Inquiries Act 1992 (c. 53)
118(1) In subsection (3) of section 6 of the Tribunals...
119In subsection (2) of section 7 of that Act (concurrence...
120In subsection (5) of section 13 of that Act (power...
121(1) In paragraph 7 of Schedule 1 to that Act...
122(1) Paragraph 3 of Schedule 2 to that Act (transitory...
Judicial Pensions and Retirement Act 1993 (c. 8)
123(1) In Part II of Schedule 1 to the Judicial...
124(1) In Schedule 5 to that Act (retirement provisions: the...
125In paragraph 5(5) of Schedule 7 to that Act (ascertainment...
Pension Schemes Act 1993 (c. 48)
126In subsection (2) of section 8 of the Pension Schemes...
127For subsections (1) and (1A) of section 41 of that...
128For subsections (1) and (2) of section 42A of that...
129In subsection (6)(c) of section 158 of that Act (disclosure...
130(1) In subsection (3) of section 167 of that Act...
131For section 170 of that Act there shall be substituted...
132(1) In subsection (1) of section 171 of that Act...
Jobseekers Act 1995 (c. 18)
133After subsection (3) of section 2 of the Jobseekers Act...
134(1) In subsection (6) of section 6 of that Act...
135In subsection (7) of section 7 of that Act (actively...
136(1) In subsection (6) of section 9 of that Act...
137(1) In subsection (5) of section 10 of that Act...
138Section 11 of that Act (jobseeker’s agreement: reviews and appeals)...
139(1) In subsection (3) of section 16 of that Act...
140(1) In subsection (2) of section 17 of that Act...
141(1) In subsection (3) of section 19 of that Act...
142In subsection (2)(b)(ii) of section 20 of that Act (exemptions...
143In subsections (1) and (2) of section 31 of that...
144In subsection (1) of section 35 of that Act (interpretation)—...
145In subsection (1) of section 36 of that Act (regulations...
146In paragraph 10(2) of Schedule 1 to that Act (supplementary...
Industrial Tribunals Act 1996 (c. 17)
147In subsection (5) of section 16 of the Industrial Tribunals...
Employment Rights Act 1996 (c. 18)
148In subsection (5) of section 215 of the Employment Rights...
Social Security (Recovery of Benefits) Act 1997 (c. 27)
149(1) For subsection (1) of section 10 of the Social...
150(1) At the end of subsection (1) of section 11...
151(1) For subsections (1) and (2) of section 12 of...
152(1) In subsection (1) of section 13 of that Act...
153In section 29 of that Act (general interpretation)—
SCHEDULE 8Repeals

Social Security Act 1998

1998 c. 14

An Act to make provision as to the making of decisions and the determination of appeals under enactments relating to social security, child support, vaccine damage payments and war pensions; to make further provision with respect to social security; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1C2C3C4C5C6

Annotations:
Modifications etc. (not altering text)
C1

Act: power to modify conferred (25.2.1999 for specified purposes) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 15(1)(2)(b) (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

C2

Act power to amend conferred (2.12.1999) by Northern Ireland Act 1998 (c. 47), s. 87 (with s. 100, Sch. 14); S.I. 1999/3209, art. 2, Sch.

C4

Act power to apply (with modifications) conferred (1.4.2009) by Child Trust Funds Act 2004 (c. 6), s. 23(6) (as substituted by S.I. 2009/56, art. 1(2), Sch. 1 para. 416(4))

C5

Act power to apply (with modifications) conferred (1.1.2010 for specified purposes) by Saving Gateway Accounts Act 2009 (c. 8), ss. 24(4)(5), 31; S.I. 2009/3332, art. 2(e)