PART IIDECISIONS AND APPEALS

C2C3C4C5C6CHAPTER IISOCIAL SECURITY DECISIONS AND APPEALS

Annotations:
Modifications etc. (not altering text)
C2

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

C3

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

C4

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)

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.