SCHEDULE 3Decisions against which no appeal lies
Loss of benefit
9
1
In the circumstances referred to in sub-paragraph (2), a decision of the Department that a sanctionable benefit as defined in section 5A(1) of the Fraud Act55 is not payable (or is to be reduced) pursuant to section 5B, 6 or 8 of that Act as a result of—
a
a conviction for one or more benefit offences in one set of proceedings;
b
an agreement to pay a penalty as an alternative to prosecution;
c
a caution in respect of one or more benefit offences; or
d
a conviction for one or more benefit offences in each of two sets of proceedings, the later offence or offences being committed within the period of 5 years after the date of any of the convictions for a benefit offence in the earlier proceedings.
2
The circumstances are that the only ground of appeal is that any of the convictions was erroneous, or that the offender (as defined in section 5B(1) of the Fraud Act) did not commit the benefit offence in respect of which there has been an agreement to pay a penalty or a caution has been accepted.