Part IDecisions and Appeals

C1C2C3C5C6C8C9C10Chapter IISocial Security Decisions and Appeals

Annotations:
Modifications etc. (not altering text)
C1

Pt. 1 Ch. 2: power to transfer functions conferred (25.2.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 17, 28(2)(c) (with Sch. 8)

C2

Pt. 1 Ch. 2: power to apply and exclude conferred (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 23(1), 28(3) (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

C8

Pt. 1 Ch. 2 modified (5.10.1999) by Tax Credits Act 1999 (c. 10), s. 20(2), Sch. 2 para. 21 (with s. 19)

C9

Pt. 1 Ch. 2 power to apply (with modifications) conferred (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 52(4)(6)(g), 89(4)(a)

Appeals

C4C7I7C12C1112Appeal to appeal tribunal

I21

This section applies to any decision of the Secretary of State under section 8 or 10 above (whether as originally made or as revised under section 9 above) which—

I3I4I5I6a

is made on a claim for, or on an award of, a relevant benefit, and does not fall within Schedule 2 to this Act; F1or

I3I4I5I6b

is made otherwise than on such a claim or award, and falls within Schedule 3 to this Act; F2...

F2c

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

I3I4I5I6F32

In the case of a decision to which this section applies, the claimant and such other person as may be prescribed shall have a right to appeal to an appeal tribunal, but nothing in this subsection shall confer a right of appeal in relation to a prescribed decision, or a prescribed determination embodied in or necessary to a decision.

I1I3I4I5I63

Regulations under subsection (2) above shall not prescribe any decision or determination that relates to the conditions of entitlement to a relevant benefit for which a claim has been validly made or for which no claim is required.

I3I4I5I64

Where the Secretary of State has determined that any amount is recoverable under or by virtue of section 71 or 74 of the Administration Act, any person from whom he has determined that it is recoverable shall have the same right of appeal to an appeal tribunal as a claimant.

I35

In any case where—

a

the Secretary of State has made a decision in relation to a claim under Part V of the Contributions and Benefits Act; and

b

the entitlement to benefit under that Part of that Act of any person other than the claimant is or may be, under Part VI of Schedule 7 to that Act, affected by that decision,

that other person shall have the same right of appeal to an appeal tribunal as the claimant.

I1I3I4I5I66

A person with a right of appeal under this section shall be given such notice of a decision to which this section applies and of that right as may be prescribed.

I1I3I4I5I67

Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought.

I3I4I5I68

In deciding an appeal under this section, an appeal tribunal—

a

need not consider any issue that is not raised by the appeal; and

b

shall not take into account any circumstances not obtaining at the time when the decision appealed against was made.

I3I4I5I69

The reference in subsection (1) above to a decision under section 10 above is a reference to a decision superseding any such decision as is mentioned in paragraph (a) or (b) of subsection (1) of that section.