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PART IIN.I.DECISIONS AND APPEALS

CHAPTER IIN.I.SOCIAL SECURITY DECISIONS AND APPEALS

Modifications etc. (not altering text)

C1Pt. 2 Ch. 2 (arts. 9-39) applied (1.7.2008 for certain purposes, otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 18(2), 60(1); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1

C2Pt. 2 Ch. 2 (arts. 9-39) modified (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 135(8), 170(3); S.I. 2008/3137, art. 2

C3Pt. 2 Ch. 2 (arts. 9-39) modified by 1992 c. 7, Sch. 4C para. 4 (as inserted (prosp.) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 81(5), 118(1), Sch. 2)

C6Pt. 2 Ch. 2 power to apply (with modifications) conferred (14.11.2016 for the purposes of the trial, 21.4.2017 in so far as not already in operation) by Childcare Payments Act 2014 (c. 28), ss. 59(4)(b), 75(2); S.I. 2016/1083, reg. 2(g); S.I. 2017/578, reg. 3(e)

C8Pt. 2 Ch. 2 modified (coming into operation in accordance with art. 1 of the amending Order) by The Social Security (Ireland) Order (Northern Ireland) 2019 (S.R. 2019/77), arts. 1, 2; 2020 c. 1, Sch. 5 para. 1(1)

C12Pt. 2 Ch. 2 modified (coming into operation in accordance with art. 1(3) of the amending Order) by The Social Security (Gibraltar) Order (Northern Ireland) 2024 (S.R. 2024/21), arts. 1(3), 2(2)(d)

AppealsN.I.

Appeal to appeal tribunalN.I.

F113 .—F2F3(1 )F4 This Article applies to any decision of the Department under Article 9 or 11 (whether as originally made or as revised under Article 10) which—

(a)is made on a claim for, or on an award of, a relevant benefit, and does not fall within Schedule 2;[F5 or]

(b)is made otherwise than on such a claim or award, and falls within Schedule 3;F6. . .

Sub.‐para. (c) rep. by SI 1999/671

[F5(2 )F4 In the case of a decision to which this Article applies, the claimant and such other person as may be prescribed shall have a right to an appeal tribunal, but nothing in this paragraph shall confer a right of appeal

[F7(a)] in relation to a prescribed decision, or a prescribed determination embodied in or necessary to a decision][F8, or

(b)where regulations under paragraph (3A) so provide.]

[F9(2A) In the case of a decision relating to child benefit or guardian’s allowance, the making of any appeal under this section against the decision as originally made must follow the Commissioners for Her Majesty’s Revenue and Customs first deciding, on an application made for revision of that decision under Article 10, not to revise the decision.]

(3 )F4 Regulations under paragraph (2) shall not prescribe any decision or determination that relates to the conditions of entitlement to a relevant benefit for which a claim has been validly made or for which no claim is required.

[F10(3A) Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal under paragraph (2) in relation to a decision only if the Department has considered whether to revise the decision under Article 10.

(3B) The regulations may in particular provide that that condition is met only where—

(a)the consideration by the Department was on an application,

(b)the Department considered issues of a specified description, or

(c)the consideration by the Department satisfied any other condition specified in the regulations.

(3C) The references in paragraphs (3A) and (3B) to regulations and to the Department are subject to any statutory provision under or by virtue of which the functions under this Chapter are transferred to or otherwise made exercisable by a person other than the Department.]

F4(4 ) Where the Department has determined that any amount is recoverable under section 69 [F11, 69ZB, 69ZG, 69ZH] or 72 of the Administration Act, any person from whom the Department has determined that it is recoverable shall have the same right of appeal to an appeal tribunal as a claimant.

(5 )F4 In any case where—

(a)the Department has made a decision in relation to a claim under Part V of the Contributions and Benefits Act; and

(b)the entitlement to benefit under that Part of that Act of any person other than the claimant is or may be, under Part VI of Schedule 7 to that Act, affected by that decision,

that other person shall have the same right of appeal to an appeal tribunal as the claimant.

[F12(5A) Regulations may provide that, where in accordance with regulations under paragraph (3A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under Article 10.]

(6 )F4 A person with a right of appeal under this Article shall be given such notice of a decision to which this Article applies and of that right as may be prescribed.

(7) Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought.

(8 )F4 In deciding an appeal under this Article, an appeal tribunal—

(a )F4need not consider any issue that is not raised by the appeal; and

(b)shall not take into account any circumstances not obtaining at the time when the decision appealed against was made.

(9 )F4 The reference in paragraph (1) to a decision under Article 11 is a reference to a decision superseding any such decision as is mentioned in sub-paragraph (a) or (b) of paragraph (1) of that Article.

F1mod. by SR 1999/349, 350

F2temp. mod. by SI 2002/2926

F3prosp. in pt. certain functions transf. by 2002 c. 21

F4mod. by SI 2005/191

F5SI 1999/671

F6SI 1999/671

F11Words in art. 13(4) inserted (4.4.2016 for specified purposes, 2.5.2016 for specified purposes, 22.6.2016 otherwise except in relation to universal credit, 27.9.2017 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 109(6); S.R. 2016/46, art. 4(a); S.R. 2016/215, arts. 2(6)(b), 3(3); S.R. 2017/190, art. 3(1)(2)(e)

Modifications etc. (not altering text)

C13Art. 13 applied (with modifications) (30.11.2016) by The Childcare Payments (Appeals) Regulations 2016 (S.I. 2016/1078), regs. 1, 4