PART IV RIGHTS OF APPEAL AND PROCEDURE FOR BRINGING APPEALS

CHAPTER IGENERALGENERAL APPEALS MATTERS NOT INCLUDING CHILD SUPPORT APPEALS

Decisions against which an appeal lies26.

F1Subject to regulation 3ZA, an appeal shall lie to F2the First-tier Tribunal against a decision made by the Secretary of State F3or an officer of the Board

(a)

as to whether a person is entitled to a relevant benefit for which no claim is required by virtue of regulation 3 of the Claims and Payments Regulations M1 ; or

(b)

as to whether a payment be made out of the social fund to a person to meet expenses for heating by virtue of regulations made under section 138(2) of the Contributions and Benefits Act (payments out of the social fund); F4or

(c)

under Schedule 6 to the Contributions and Benefits Act (assessment of extent of disablement) in relation to sections 103 (disablement benefit) and 108 (prescribed diseases) of that Act for the purposes of industrial injuries benefit under Part V of that ActF5;or

(d)

under section 59 of, and Schedule 7 to, the Welfare Reform and Pensions Act 1999 (couples to make joint-claim for jobseeker’s allowance) where one member of the couple is working and the Secretary of State has decided that both members of the couple are not engaged in remunerative workF6; or

(e)

under, or by virtue of regulations made under, section 23A (contributions credits for relevant parents and carers) of the Contributions and Benefits Act.