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
F1(d)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(da)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(e)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(g)
section 18 of the Welfare Reform Act 2007;
F7(h)
regulations made under section 85(1) or 86(1) of the Welfare Reform Act 2012;
(i)
section 87 of that Act.
F83A
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
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.
F96A
A decision as to whether payment of housing credit (within the meaning of the State Pension Credit Act 2002) is recoverable under section 71ZB of the Administration Act.
F96B
A decision as to the amount of payment recoverable under section 71ZB, 71ZG or 71ZH of the Administration Act.
F10State pension: prisoners and overseas residents
6C
A decision that a state pension under Part 1 of the Pensions Act 2014 is not payable by reason of regulations under section 19 of that Act (prisoners).
6D
A decision that a person is not entitled to increases in the rate of a state pension under Part 1 of the Pensions Act 2014 by reason of regulations under section 20 of that Act (overseas residents).
Industrial injuries benefit
7
A decision whether an accident was an industrial accident for the purposes of industrial injuries benefit.
F11Jobseekers' 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.
F12State pension credit
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
9
Such other decisions relating to a relevant benefit as may be prescribed.