F1 PART IV E+W+S RIGHTS OF APPEAL AND PROCEDURE FOR BRINGING APPEALS

Textual Amendments

F1 Pts. II III IV revoked (7.4.2003 for specified purposes and with effect in accordance with reg. 1(2)) by The Child Benefit and Guardian s Allowance (Decisions and Appeals) Regulations 2003 (S.I. 2003/916) , regs. 1(1) , 34(a) (with reg. 35 )

CHAPTER I E+W+S GENERALGENERAL APPEALS MATTERS NOT INCLUDING CHILD SUPPORT APPEALS

E+W+S

Decisions against which an appeal lies E+W+S

26.   [F2 Subject to regulation 3ZA,] an appeal shall lie to [F3 the First-tier Tribunal] against a decision made by the Secretary of State [F4 or 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); [F5 or

(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 Act][F6 ;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 work][F7 ; 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.]

Textual Amendments

F2 Words in reg. 26 inserted (28.10.2013) by The Social Security, Child Support, Vaccine Damage and Other Payments (Decisions and Appeals) (Amendment) Regulations 2013 (S.I. 2013/2380), regs. 1(2), 4(8)

F3 Words in reg. 26 substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 116

F4 Words in reg. 26 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 19

F5 Reg. 26(c) and word inserted (19.6.2000) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/1596), regs. 1(1), 22

F6 Reg. 26(d) and word inserted (19.3.2001) by The Social Security Amendment (Joint Claims) Regulations 2001 (S.I. 2001/518), regs. 1(1), 4(b)

F7 Reg. 26(e) and word inserted (6.4.2010) by The Pensions Act 2007 (Supplementary Provision) Order 2009 (S.I. 2009/2715), art. 1, 2

Marginal Citations

M1 The relevant amending instruments are S.I. 1989/136, S.I. 1994/2943 and S.I. 1996/1460.