Social Security Act 1998

8 Decisions by Secretary of State

(1) Subject to the provisions of this Chapter, it shall be for the Secretary of State—

(a) to decide any claim for a relevant benefit;

(b) to decide any claim for a social fund payment mentioned in section 138(1)(b) of the Contributions and Benefits Act; [F1 and]

(c) subject to subsection (5) below, to make any decision that falls to be made under or by virtue of a relevant enactment; F2 ...

F2 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where at any time a claim for a relevant benefit is decided by the Secretary of State—

(a) the claim shall not be regarded as subsisting after that time; and

(b) accordingly, the claimant shall not (without making a further claim) be entitled to the benefit on the basis of circumstances not obtaining at that time.

(3) In this Chapter “relevant benefit”, subject to section 21(4) below, means any of the following, namely—

(a) benefit under Parts II to V of the Contributions and Benefits Act;

(b) a jobseeker’s allowance;

(c) income support;

(d) family credit;

(e) disability working allowance;

(f) a social fund payment mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act;

(g) child benefit;

(h) such other benefit as may be prescribed.

(4) In this section “relevant enactment” means any enactment contained in this Chapter, the Contributions and Benefits Act, the Administration Act, the [1992 c. 6.] Social Security (Consequential Provisions) Act 1992 or the Jobseekers Act, other than one contained in—

(a) Part VII of the Contributions and Benefits Act so far as relating to housing benefit and council tax benefit;

(b) Part VIII of the Administration Act (arrangements for housing benefit and council tax benefit and related subsidies).

[F3 (5) Subsection (1)(c) above does not include any decision which under section 8 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 falls to be made by an officer of the Inland Revenue.]

Textual Amendments

F1 Word in s. 8(1) inserted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 22(2)(a) (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F2 S. 8(1)(d) and preceding word repealed (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 22(2)(b), Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F3 S. 8(5) substituted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 22(3) (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

Modifications etc. (not altering text)

C1 S. 8 applied (with modifications) (4.3.1999 for specified purposes) by Pension Schemes Act 1993 (c. 48), s. 170(2) (as substituted by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 131 (with s. 83, Sch. 6); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12))

C2 S. 8 modified (E.W.S.) (1.6.1999 for specified purposes, 5.7.1999 for specified purposes, 6.9.1999 for specified purposes, 5.10.1999 for specified purposes, 18.10.1999 for specified purposes, 29.11.1999 so far as not already in force) by The Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991), regs. 1(2), 15