Part IDecisions and Appeals

C1C2C3C4C5C7C8C9C11C12C13C14C17C18C20C19C22C23C24C26C27Chapter 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)

C7

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)

C8

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)

C11

Pt. 1 Ch. 2: power to apply conferred (8.7.2002) by Tax Credits Act 2002 (c. 21), ss. 61, 63(8)(a)

C12

Pt. 1 Ch. 2 functions transferred (26.2.2003 for specified purposes, 1.4.2003 for specified purposes, 7.4.2003 in so far as not already in force) by Tax Credits Act 2002 (c. 21), ss. 50(2)(e), s. 61, Sch. 4 para. 15; S.I. 2003/392, art. 2

C13

Pt. 1 Ch. 2 applied (8.7.2004) by Age-Related Payments Act 2004 (c. 10), s. 5(5)

C17

Pt. 1 Ch. 2 modified (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 132(8), 170; S.I. 2008/3137, art. 2

C20

Pt. 1 Ch. 2 power to apply (with modifications) conferred (14.11.2016 for specified purposes, 21.4.2017 in so far as not already in force) by Childcare Payments Act 2014 (c. 28), ss. 59(4)(a), 75(2); S.I. 2016/1083, reg. 2(g); S.I. 2017/578, reg. 3(e)

C19

Pt. 1 Ch. 2 modified (6.4.2016) by The Social Security (Northern Ireland Reciprocal Arrangements) Regulations 2016 (S.I. 2016/287), regs. 1, 2(2)(d), Sch. (as varied (27.11.2016 for specified purposes, 6.4.2017 in so far as not already in force) in accordance with S.I. 2016/1050, regs. 1(2), 2(2), Sch.)

C23

Pt. 1 Ch. 2 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1303), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C26

Pt. 1 Ch. 2 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) Order 2021 (S.I. 2021/1088), art. 2(1)-(3), Sch.

C27

Pt. 1 Ch. 2 modified (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) Order 2023 (S.I. 2023/1060), art. 2, Sch.

Decisions

C10I5C15C21C258Decisions by Secretary of State

C161

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

I1I2I3C6I4a

to decide any claim for a relevant benefit;

F10b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1and

I1I2I3C6I4c

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

F2d

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

I1I2I3I42

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—

I1I2I4a

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

F11aa

universal credit;

F14ab

state pension or a lump sum under Part 1 of the Pensions Act 2014;

F16ac

bereavement support payment under section 30 of the Pensions Act 2014;

I4b

a jobseeker’s allowance;

F8ba

an employment and support allowance;

F13baa

personal independence payment;

F5bb

state pension credit;

F17bc

a loan under section 18 of the Welfare Reform and Work Act 2016;

c

income support;

F7d

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

F7e

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

f

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

I1g

child benefit;

h

such other benefit as may be prescribed.

I1I2I3I44

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 1992F6, the Jobseekers ActF9, the State Pension Credit Act 2002F12, Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012F15, Part 4 of that Act or Part 1 of the Pensions Act 2014F18, 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).

I1I2I3I4F35

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.