PART IIDECISIONS AND APPEALS
CHAPTER IISOCIAL SECURITY DECISIONS AND APPEALS
Decisions
Decisions by the Department9
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;
c
subject to paragraph (5), to make any decision that falls to be made under any relevant statutory provision; and
d
subject to and in accordance with regulations, to decide any issue arising as to, or in connection with, entitlement to statutory sick pay or statutory maternity pay.
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”, subject to Article 21(4), means any of the following, namely—
a
benefit under Parts II to V of the Contributions and Benefits Act;
b
a jobseeker’s allowance;
c
income support;
d
family credit;
e
disability working allowance;
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 1992 or the Jobseekers Order, 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).
5
Paragraph (1)(c) does not include any decision relating to Class 4 contributions other than a decision falling to be made—
a
under subsection (1) of section 17 of the Contributions and Benefits Act as to whether by regulations under that subsection a person is excepted from liability for Class 4 contributions, or his liability is deferred; or
b
under regulations made by virtue of subsection (3) or (4) of that section or section 18 of that Act.