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Social Security Act 1998

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Section 12(1).

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 decision whether a person is entitled to a relevant benefit for which no claim is required.

Commencement Information

I1Sch. 3 para. 1 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I2Sch. 3 para. 1 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I3Sch. 3 para. 1 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I4Sch. 3 para. 1 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I5Sch. 3 para. 1 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I6Sch. 3 para. 1 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

2If so, a decision as to the amount to which he is entitled.

Commencement Information

I7Sch. 3 para. 2 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I8Sch. 3 para. 2 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I9Sch. 3 para. 2 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I10Sch. 3 para. 2 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I11Sch. 3 para. 2 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

Payability of benefit

3A decision whether a relevant benefit (or a component of a relevant benefit) to which a person is entitled is not payable by reason of—

(a)any provision of the Contributions and Benefits Act by which the person is disqualified for receiving benefit;

(b)regulations made under section 72(8) of that Act (disability living allowance);

(c)regulations made under section 113(2) of that Act (suspension of payment); or

(d)section 19 of the Jobseekers Act (jobseeker’s allowance)[F1; or

(e)section 62 or 63 of the Child Support, Pensions and Social Security Act 2000][F2; or

(f)section 7, 8 or 9 of the Social Security Fraud Act 2001].

Textual Amendments

F1Sch. 3 para. 3(e) and preceding word inserted (15.10.2001 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 66, 86(1)(c)(2) (with s. 83(6)); S.I. 2001/2619, art. 2(1)(b)(v)(2)

Commencement Information

I12Sch. 3 para. 3(a)(c) in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I13Sch. 3 para. 3(a)(c) in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I14Sch. 3 para. 3(a)(c) in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I15Sch. 3 para. 3 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I16Sch. 3 para. 3 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

Payments to third parties

4Except in such cases or circumstances as may be prescribed, a decision whether the whole or part of a benefit to which a person is entitled is, by virtue of regulations, to be paid to a person other than him.

Commencement Information

I17Sch. 3 para. 4 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I18Sch. 3 para. 4 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I19Sch. 3 para. 4 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I20Sch. 3 para. 4 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I21Sch. 3 para. 4 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I22Sch. 3 para. 4 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

Recovery of benefits

5A decision whether payment is recoverable under section 71 or 71A of the Administration Act.

Commencement Information

I23Sch. 3 para. 5 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I24Sch. 3 para. 5 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I25Sch. 3 para. 5 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I26Sch. 3 para. 5 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I27Sch. 3 para. 5 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

6If so, a decision as to the amount of payment recoverable.

Commencement Information

I28Sch. 3 para. 6 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I29Sch. 3 para. 6 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I30Sch. 3 para. 6 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I31Sch. 3 para. 6 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I32Sch. 3 para. 6 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

Industrial injuries benefit

7A decision whether an accident was an industrial accident for the purposes of industrial injuries benefit.

Commencement Information

I33Sch. 3 para. 7 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I34Sch. 3 para. 7 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

Jobseekers' agreements

8A decision in relation to a jobseeker’s agreement as proposed to be made under section 9 of the Jobseekers Act, or as proposed to be varied under section 10 of that Act.

Commencement Information

I35Sch. 3 para. 8 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I36Sch. 3 para. 8 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

Power to prescribe other decisions

9Such other decisions relating to a relevant benefit as may be prescribed.

Commencement Information

I37Sch. 3 para. 9 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I38Sch. 3 para. 9 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I39Sch. 3 para. 6 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I40Sch. 3 para. 9 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I41Sch. 3 para. 9 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I42Sch. 3 para. 9 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

Part IIContributions decisions

Categorisation of earners

F310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Compulsory contributions

F312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Voluntary contributions

F314. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F315. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Responsibilities at home

16A decision whether a person was (within the meaning of regulations) precluded from regular employment by responsibilities at home.

Commencement Information

I43Sch. 3 para. 16 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I44Sch. 3 para. 16 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

Earnings and contributions credits

17A decision whether a person is entitled to be credited with earnings or contributions in accordance with regulations made under section 22(5) of the Contributions and Benefits Act.

Commencement Information

I45Sch. 3 para. 17 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I46Sch. 3 para. 17 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

Statutory sick pay

F418. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 3 paras. 18-29 repealed (1.4.1999 except in respect of the repeal of Sch. 3 para. 23, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 36, Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6); S.I. 1999/1662, art. 2(b), Sch. Pt. 2 (with art. 4)

F419. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 3 paras. 18-29 repealed (1.4.1999 except in respect of the repeal of Sch. 3 para. 23, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 36, Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6); S.I. 1999/1662, art. 2(b), Sch. Pt. 2 (with art. 4)

Statutory maternity pay

F420. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 3 paras. 18-29 repealed (1.4.1999 except in respect of the repeal of Sch. 3 para. 23, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 36, Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6); S.I. 1999/1662, art. 2(b), Sch. Pt. 2 (with art. 4)

F421. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 3 paras. 18-29 repealed (1.4.1999 except in respect of the repeal of Sch. 3 para. 23, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 36, Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6); S.I. 1999/1662, art. 2(b), Sch. Pt. 2 (with art. 4)

Liability of directors etc. for company’s contributions

F422. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 3 paras. 18-29 repealed (1.4.1999 except in respect of the repeal of Sch. 3 para. 23, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 36, Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6); S.I. 1999/1662, art. 2(b), Sch. Pt. 2 (with art. 4)

Preserved rights to benefit etc.

F423. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 3 paras. 18-29 repealed (1.4.1999 except in respect of the repeal of Sch. 3 para. 23, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 36, Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6); S.I. 1999/1662, art. 2(b), Sch. Pt. 2 (with art. 4)

Employment of long-term unemployed

F424. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 3 paras. 18-29 repealed (1.4.1999 except in respect of the repeal of Sch. 3 para. 23, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 36, Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6); S.I. 1999/1662, art. 2(b), Sch. Pt. 2 (with art. 4)

Interest and penalties

F425. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 3 paras. 18-29 repealed (1.4.1999 except in respect of the repeal of Sch. 3 para. 23, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 36, Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6); S.I. 1999/1662, art. 2(b), Sch. Pt. 2 (with art. 4)

F426. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 3 paras. 18-29 repealed (1.4.1999 except in respect of the repeal of Sch. 3 para. 23, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 36, Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6); S.I. 1999/1662, art. 2(b), Sch. Pt. 2 (with art. 4)

F427. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 3 paras. 18-29 repealed (1.4.1999 except in respect of the repeal of Sch. 3 para. 23, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 36, Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6); S.I. 1999/1662, art. 2(b), Sch. Pt. 2 (with art. 4)

F428. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 3 paras. 18-29 repealed (1.4.1999 except in respect of the repeal of Sch. 3 para. 23, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 36, Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6); S.I. 1999/1662, art. 2(b), Sch. Pt. 2 (with art. 4)

Power to prescribe other decisions

F429. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 3 paras. 18-29 repealed (1.4.1999 except in respect of the repeal of Sch. 3 para. 23, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 36, Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6); S.I. 1999/1662, art. 2(b), Sch. Pt. 2 (with art. 4)

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