SCHEDULES

SCHEDULE 3Decisions against which an appeal lies

Part IBenefit decisions

Entitlement to benefit without a claim

1

In 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.

2

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

Payability of benefit

3

A 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; F2...

(e)

section 62 or 63 of the Child Support, Pensions and Social Security Act 2000F3; or

(f)

section 7, 8 or 9 of the Social Security Fraud Act 2001.

Payments to third parties

4

Except 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.

Recovery of benefits

5

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

6

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

Industrial injuries benefit

7

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

Jobseekers' agreements

8

A 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.

Power to prescribe other decisions

9

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