PART IIDECISIONS AND APPEALS
C2C3C4C5C6CHAPTER IISOCIAL SECURITY DECISIONS AND APPEALS
Pt. 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
Pt. 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)
Pt. 2 Ch. 2 (arts. 9-39) applied (1.10.2010) by Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 6, Sch. 1
Pt. 2 Ch. 2 (arts. 9-39) applied (with modifications) (1.10.2010) by Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 16, Sch. 2
Decisions
Decisions by the DepartmentC1F1F2F39
1
Subject to the provisions of this Chapter, it shall be for the Department—
a
to decide any claim for a relevant benefit;
b
to decide any claim for a social fund payment mentioned in section 134(1)(b) of the Contributions and Benefits Act;F4 and
c
subject to paragraph (5), to make any decision that falls to be made under any relevant statutory provision;F4. . .
Sub‐para. (d) rep. by SI 1999/671
2
Where at any time a claim for a relevant benefit is decided by the Department—
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”,F5. . . , means any of the following, namely—
a
benefit under Parts II to V of the Contributions and Benefits Act;
F10ab
state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015;
b
a jobseeker's allowance;
F6ba
an employment and support allowance;
F7bb
state pension credit;
c
income support;
Sub‐paras. (d) and (e) rep. by 2002 c. 21
f
a social fund payment mentioned in section 134(1)(a) or (2) of the Contributions and Benefits Act;
g
child benefit;
h
such other benefit as may be prescribed.
4
In this Article “relevant statutory provision” means any statutory provision contained in this Chapter, the Contributions and Benefits Act, the Administration Act, the [1992 c. 9.] Social Security (Consequential Provisions) (Northern Ireland) Act 1992F8, the Jobseekers Order F9, the State Pension Credit Act (Northern Ireland) 2002 or Part 1 of the Welfare Reform Act (Northern Ireland) 2007., F11or Part 1 of the Pensions Act (Northern Ireland) 2015 other than one contained in—
a
Part VII of the Contributions and Benefits Act so far as relating to housing benefit;
b
Part VIII of the Administration Act (arrangements for housing benefit).
F45
Paragraph (1)(c) does not include any decision which under Article 7 of the Social Security Contributions (Transfer of Functions, etc.)(Northern Ireland) Order 1999 falls to be made by an officer of the Inland Revenue.
Pt. 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