SCHEDULES

SCHEDULE 3Decisions against which an appeal lies

Part IBenefit decisions

Entitlement to benefit without a claim

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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.

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

Payability of benefit

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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

F6d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6da

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1f

section F56B, 7, 8 or 9 of the Social Security Fraud Act 2001F3; or

g

section 18 of the Welfare Reform Act 2007.

F73A

A decision as to the amount of a relevant benefit that is payable to a person by virtue of regulations under section 6B, 7, 8 or 9 of the Social Security Fraud Act 2001.

Payments to third parties

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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

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

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

Industrial injuries benefit

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

Jobseekers' agreements

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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.

F2State pension credit

Annotations:
Amendments (Textual)
F2

Sch. 3 paras. 8A-8D and cross-heading inserted (2.7.2002 for specified purposes, 7.4.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 1 para. 12; S.I. 2002/1691, art. 2(i); S.I. 2003/966, art. 2(a)

8A

A decision whether to specify a period as an assessed income period under section 6 of the State Pension Credit Act 2002.

8B

If so, a decision as to the period to be so specified.

8C

A decision whether an assessed income period comes to an end by virtue of section 9(4) or (5) of that Act.

8D

If so, a decision as to when the assessed income period so ends.

Power to prescribe other decisions

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