Decisions
8Decisions by Secretary of State
(1)Subject to the provisions of this Chapter, it shall be for the Secretary of State—
(a)to decide any claim for a relevant benefit;
(b)to decide any claim for a social fund payment mentioned in section 138(1)(b) of the Contributions and Benefits Act; [and]
(c)subject to subsection (5) below, to make any decision that falls to be made under or by virtue of a relevant enactment; ...
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Where at any time a claim for a relevant benefit is decided by the Secretary of State—
(a)the claim shall not be regarded as subsisting after that time; and
(b)accordingly, the claimant shall not (without making a further claim) be entitled to the benefit on the basis of circumstances not obtaining at that time.
(3)In this Chapter “relevant benefit” ... means any of the following, namely—
(a)benefit under Parts II to V of the Contributions and Benefits Act;
(b)a jobseeker’s allowance;
[(ba)an employment and support allowance;]
[(bb)state pension credit;]
(c)income support;
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)a social fund payment mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act;
(g)child benefit;
(h)such other benefit as may be prescribed.
(4)In this section “relevant enactment” means any enactment contained in this Chapter, the Contributions and Benefits Act, the Administration Act, the [1992 c. 6.] Social Security (Consequential Provisions) Act 1992[, the Jobseekers Act[, the State Pension Credit Act 2002 or Part 1 of the Welfare Reform Act 2007]], other than one contained in—
(a)Part VII of the Contributions and Benefits Act so far as relating to housing benefit and council tax benefit;
(b)Part VIII of the Administration Act (arrangements for housing benefit and council tax benefit and related subsidies).
[(5)Subsection (1)(c) above does not include any decision which under section 8 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 falls to be made by an officer of the Inland Revenue.]
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Commencement Information
9Revision of decisions
(1)Subject to section 36(3) below, any decision of the Secretary of State under section 8 above or section 10 below may be revised by the Secretary of State—
(a)either within the prescribed period or in prescribed cases or circumstances; and
(b)either on an application made for the purpose or on his own initiative;
and regulations may prescribe the procedure by which a decision of the Secretary of State may be so revised.
(2)In making a decision under subsection (1) above, the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.
(3)Subject to subsections (4) and (5) and section 27 below, a revision under this section shall take effect as from the date on which the original decision took (or was to take) effect.
(4)Regulations may provide that, in prescribed cases or circumstances, a revision under this section shall take effect as from such other date as may be prescribed.
(5)Where a decision is revised under this section, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.
(6)Except in prescribed circumstances, an appeal against a decision of the Secretary of State shall lapse if the decision is revised under this section before the appeal is determined.
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Commencement Information
10Decisions superseding earlier decisions
(1)Subject to [subsection (3)] and section 36(3) below, the following, namely—
(a)any decision of the Secretary of State under section 8 above or this section, whether as originally made or as revised under section 9 above; and
(b)any decision under this Chapter [of the First-tier Tribunal or any decision of the Upper Tribunal which relates to any such decision],
may be superseded by a decision made by the Secretary of State, either on an application made for the purpose or on his own initiative.
(2)In making a decision under subsection (1) above, the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.
(3)Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this section.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Subject to subsection (6) and section 27 below, a decision under this section shall take effect as from the date on which it is made or, where applicable, the date on which the application was made.
(6)Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed.
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[Reference of issues by Secretary of State to Inland Revenue
10A Reference of issues by Secretary of State to Inland Revenue.
(1)Regulations may make provision requiring the Secretary of State, where on consideration of any claim or other matter he is of the opinion that there arises any issue which under section 8 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 falls to be decided by an officer of the Inland Revenue, to refer the issue to the Inland Revenue.
(2)Regulations under this section may—
(a)provide for the Inland Revenue to give the Secretary of State a preliminary opinion on any issue referred to them,
(b)specify the circumstances in which an officer of the Inland Revenue is to make a decision under section 8 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 on a reference by the Secretary of State,
(c)enable or require the Secretary of State, in specified circumstances, to deal with any other issue arising on consideration of the claim or other matter pending the decision on the referred issue, and
(d)require the Secretary of State to decide the claim or other matter in accordance with the decision of an officer of the Inland Revenue on the issue referred to them, or in accordance with any determination of the [First-tier Tribunal or Upper Tribunal] made on appeal from [the tribunal’s decision].]
11Regulations with respect to decisions
(1)Subject to the provisions of this Chapter and the Administration Act, provision may be made by regulations for the making of any decision by the Secretary of State under or in connection with the current legislation, or the former legislation, including a decision on a claim for benefit.
(2)Where it appears to the Secretary of State that a matter before him involves a question of fact requiring special expertise, he may direct that in dealing with that matter he shall have the assistance of one or more experts.
(3)In this section—
“the current legislation” means the Contributions and Benefits Act, the Jobseekers Act ... [, the Social Security (Recovery of Benefits) Act 1997[, the State Pension Credit Act 2002 and Part 1 of the Welfare Reform Act 2007]];
“expert” means a person appearing to the Secretary of State to have knowledge or experience which would be relevant in determining the question of fact requiring special expertise;
“the former legislation” means the National Insurance Acts 1965 to 1974, the National Insurance (Industrial Injuries) Acts 1965 to 1974, the Social Security Act 1975 and Part II of the Social Security Act 1986.
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Modifications etc. (not altering text)
Commencement Information