- Latest available (Revised)
- Original (As enacted)
Social Security Act 1998, Section 8 is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(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;
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F2and]
(c)subject to subsection (5) below, to make any decision that falls to be made under or by virtue of a relevant enactment; F3...
F3(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” F4... means any of the following, namely—
(a)benefit under Parts II to V of the Contributions and Benefits Act;
[F5(aa)universal credit;]
[F6(ab)state pension or a lump sum under Part 1 of the Pensions Act 2014;]
[F7(ac)bereavement support payment under section 30 of the Pensions Act 2014;]
(b)a jobseeker’s allowance;
[F8(ba)an employment and support allowance;]
[F9(baa)personal independence payment;]
[F10(bb)state pension credit;]
[F11(bc)a loan under section 18 of the Welfare Reform and Work Act 2016;]
(c)income support;
F12(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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[F13, the Jobseekers Act[F14, the State Pension Credit Act 2002[F15, Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012]]][F16, Part 4 of that Act or Part 1 of the Pensions Act 2014][F17, section 30 of that Act or sections 18 to 21 of the Welfare Reform and Work Act 2016], 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).
[F18(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
F1S. 8(1)(b) repealed (1.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 8; S.I. 2012/3090, art. 2(1)(d) (with art. 3)
F2Word 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)
F3S. 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)
F4Words in s. 8(3) repealed (6.4.2000) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(3)(c), Sch. 13 Pt. VI; S.I. 1999/3420, art. 4(c)(e)
F5S. 8(3)(aa) inserted (25.2.2013 for specified purposes, 29.4.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 45(a); S.I. 2013/358, art. 2(1), Sch. 1 para. 21; S.I. 2013/983, art. 3(1)(b)(iii)
F6S. 8(3)(ab) inserted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 33(a)
F7S. 8(3)(ac) inserted (6.4.2017) by Pensions Act 2014 (c. 19), s. 56(1), Sch. 16 para. 39(2); S.I. 2017/297, art. 3(2) (with arts. 4, 5)
F8S. 8(3)(ba) inserted (18.3.2008 for specified purposes, 27.7.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 17(3)(a); S.I. 2008/787, art. 2(1)(3)(a), Sch.
F9S. 8(3)(baa) inserted (25.2.2013 for specified purposes, 8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 39(a); S.I. 2013/358, arts. 2(1), 7(1)(2)(k), Sch. 1 para. 23, Sch. 3; S.I. 2013/1250, art. 2
F10S. 8(3)(bb) 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. 6(2); S.I. 2002/1691, art. 2(i); S.I. 2003/966, art. 2(a)
F11S. 8(3)(bc) inserted (27.7.2017) by Welfare Reform and Work Act 2016 (c. 7), ss. 20(4)(a), 36(6); S.I. 2017/802, reg. 2
F12S. 8(3)(d)(e) repealed (8.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(4)(e), Sch. 2
F13Words in s. 8(4) substituted (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. 6(3); S.I. 2002/1691, art. 2(i); S.I. 2003/966, art. 2(a)
F14Words in s. 8(4) substituted (18.3.2008 for specified purposes, 27.7.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 17(3)(b); S.I. 2008/787, art. 2(1)(3)(a), Sch.
F15Words in s. 8(4) substituted (25.2.2013 for specified purposes, 29.4.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 45(b); S.I. 2013/358, art. 2(1), Sch. 1 para. 21; S.I. 2013/983, art. 3(1)(b)(iii)
F16Words in s. 8(4) substituted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 33(b)
F17Words in s. 8(4) substituted (27.7.2017) by Welfare Reform and Work Act 2016 (c. 7), ss. 20(4)(b), 36(6); S.I. 2017/802, reg. 2
F18S. 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)
C1S. 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
C2S. 8 applied (N.I.) (10.4.2006) by The Guardian's Allowance Up-rating Regulations 2006 (S.I. 2006/1034), regs. 1(1), 2
C3S. 8 applied (6.4.2020) by The Guardian’s Allowance Up-rating Regulations 2020 (S.I. 2020/302), regs. 1(1), 2
C4S. 8 applied (12.4.2021) by The Guardian’s Allowance Up-rating Regulations 2021 (S.I. 2021/256), regs. 1(1), 2
C5S. 8(1) modified by the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (S.I. 1995/310), regs. 11(6), 17(5) (as added by S.I. 1999/2422, art. 3(16)(a)(b) (added (16.10.2006) by S.I. 2006/2540, arts. 1(2), 2(3)(b)))
C6S. 8(1)(a)(c): transfer of functions (5.10.1999) by Tax Credits Act 1999 (c. 10), ss. 2(1)(b), 20(2), Sch. 2 para. 5(b)(i) (with s. 19)
Commencement Information
I1S. 8 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)
I2S. 8(1)(a)(c)(2)(3)(a)(g)(4)(5) in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)
I3S. 8(1)(a)(c)(2)(3)(a)(4)(5) in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)
I4S. 8(1)(a)(c)(2)(3)(d)(e)(4)(5) in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)
I5S. 8(1)(a)(c)(2)(3)(a)(b)(4)(5) in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: