Part IDecisions and Appeals
C1C2C5C8C9C13C14C15C19C20C22C23C28C32C34C33C36C38C39C41C42Chapter IISocial Security Decisions and Appeals
Pt. 1 Ch. 2: power to apply and exclude conferred (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 23(1), 28(3) (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)
Pt. 1 Ch. 2 applied (with modifications) by Pension Schemes Act 1993 (c. 48), s. 171(2)(3) (as substituted (5.7.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 19(3) (with Sch. 8); S.I. 1999/1662, art 2(b), Sch. Pt. 2 (with art. 4))
Pt. 1 Ch. 2 modified (1.9.1999) by The Child Benefit (Northern Ireland Reciprocal Arrangements) Amendment Regulations 1999 (S.I. 1999/2225), regs. 1(1), 2(2), Sch.
Pt. 1 Ch. 2 modified (1.9.1999) by The Social Security (Northern Ireland Reciprocal Arrangements) Amendment Regulations 1999 (S.I. 1999/2227), regs. 1(1), 2(2), Sch.
Pt. 1 Ch. 2 modified (5.10.1999) by Tax Credits Act 1999 (c. 10), s. 20(2), Sch. 2 para. 21 (with s. 19)
Pt. 1 Ch. 2 power to apply (with modifications) conferred (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 52(4)(6)(g), 89(4)(a)
Pt. 1 Ch. 2 modified by Social Security Administration Act 1992 (c. 5), s. 2B(1)(3)-(8) (as inserted (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 57, 89(4)(a))
Pt. 1 Ch. 2: power to apply conferred (8.7.2002) by Tax Credits Act 2002 (c. 21), ss. 61, 63(8)(a)
Pt. 1 Ch. 2 functions transferred (26.2.2003 for specified purposes, 1.4.2003 for specified purposes, 7.4.2003 in so far as not already in force) by Tax Credits Act 2002 (c. 21), ss. 50(2)(e), s. 61, Sch. 4 para. 15; S.I. 2003/392, art. 2
Pt. 1 Ch. 2 applied (8.7.2004) by Age-Related Payments Act 2004 (c. 10), s. 5(5)
Pt. 1 Ch. 2 applied (1.9.2005) by The Age-Related Payments Regulations 2005 (S.I. 2005/1983), regs. 1(1), 7(6)
Pt. 1 Ch. 2 modified (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 132(8), 170; S.I. 2008/3137, art. 2
Pt. 1 Ch. 2 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 16(2)(b), Sch. 2 para. 5
Pt. 1 Ch. 2 power to apply (with modifications) conferred (14.11.2016 for specified purposes, 21.4.2017 in so far as not already in force) by Childcare Payments Act 2014 (c. 28), ss. 59(4)(a), 75(2); S.I. 2016/1083, reg. 2(g); S.I. 2017/578, reg. 3(e)
Pt. 1 Ch. 2 modified (6.4.2016) by The Social Security (Northern Ireland Reciprocal Arrangements) Regulations 2016 (S.I. 2016/287), regs. 1, 2(2)(d), Sch. (as varied (27.11.2016 for specified purposes, 6.4.2017 in so far as not already in force) in accordance with S.I. 2016/1050, regs. 1(2), 2(2), Sch.)
Pt. 1 Ch. 2 modified (24.7.2020) by The Universal Credit (Northern Ireland Reciprocal Arrangements) Regulations 2020 (S.I. 2020/677), regs. 1, 2, Sch.
Pt. 1 Ch. 2 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1303), art. 2; 2020 c. 1, Sch. 5 para. 1(1)
Pt. 1 Ch. 2 modified (1.1.2021) by The Social Security (Norway) Order 2020 (S.I. 2020/1597), arts. 1, 2(1)(2), Sch. (with art. 2(3))
Pt. 1 Ch. 2 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) Order 2021 (S.I. 2021/1088), art. 2(1)-(3), Sch.
Pt. 1 Ch. 2 modified (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) Order 2023 (S.I. 2023/1060), art. 2, Sch.
Decisions
C17I20C24C35C408Decisions by Secretary of State
C251
Subject to the provisions of this Chapter, it shall be for the Secretary of State—
I4I8I12C10I16c
subject to subsection (5) below, to make any decision that falls to be made under or by virtue of a relevant enactment; F2...
F2d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4I8I12I162
Where at any time a claim for a relevant benefit is decided by the Secretary of State—
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” F7... means any of the following, namely—
F26aa
universal credit;
F29ab
state pension or a lump sum under Part 1 of the Pensions Act 2014;
F32ac
bereavement support payment under section 30 of the Pensions Act 2014;
I16b
a jobseeker’s allowance;
F13ba
an employment and support allowance;
F28baa
personal independence payment;
F8bb
state pension credit;
F33bc
a loan under section 18 of the Welfare Reform and Work Act 2016;
c
income support;
F12d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
a social fund payment mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act;
I4g
child benefit;
h
such other benefit as may be prescribed.
I4I8I12I164
In this section “relevant enactment” means any enactment contained in this Chapter, the Contributions and Benefits Act, the Administration Act, the [1992 c. 6.] Social Security (Consequential Provisions) Act 1992F9, the Jobseekers ActF14, the State Pension Credit Act 2002F27, Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012F30, Part 4 of that Act or Part 1 of the Pensions Act 2014F34, section 30 of that Act or sections 18 to 21 of the Welfare Reform and Work Act 2016, other than one contained in—
a
Part VII of the Contributions and Benefits Act so far as relating to housing benefit and council tax benefit;
b
Part VIII of the Administration Act (arrangements for housing benefit and council tax benefit and related subsidies).
I4I8I12I16F35
Subsection (1)(c) above does not include any decision which under section 8 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 falls to be made by an officer of the Inland Revenue.
C3C6I5I9I13I17I21C21C26C299Revision of decisions
I1C111
F24... Any decision of the Secretary of State under section 8 above or section 10 below may be revised by the Secretary of State—
a
either within the prescribed period or in prescribed cases or circumstances; and
b
either on an application made for the purpose or on his own initiative;
and regulations may prescribe the procedure by which a decision of the Secretary of State may be so revised.
2
In making a decision under subsection (1) above, the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.
3
Subject to subsections (4) and (5) and section 27 below, a revision under this section shall take effect as from the date on which the original decision took (or was to take) effect.
I14
Regulations may provide that, in prescribed cases or circumstances, a revision under this section shall take effect as from such other date as may be prescribed.
5
Where a decision is revised under this section, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.
I16
Except in prescribed circumstances, an appeal against a decision of the Secretary of State shall lapse if the decision is revised under this section before the appeal is determined.
C4C16C18C7I6I10I14I18I22C27C3010Decisions superseding earlier decisions
1
a
any decision of the Secretary of State under section 8 above or this section, whether as originally made or as revised under section 9 above; F19...
F20aa
any decision under this Chapter of an appeal tribunal or a Commissioner; and
C37b
any decision under this Chapter F16of the First-tier Tribunal or any decision of the Upper Tribunal which relates to any such decision,
may be superseded by a decision made by the Secretary of State, either on an application made for the purpose or on his own initiative.
2
In making a decision under subsection (1) above, the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.
I23
Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this section.
F54
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Subject to subsection (6) and section 27 below, a decision under this section shall take effect as from the date on which it is made or, where applicable, the date on which the application was made.
I26
Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed.
F217
In this section—
“appeal tribunal” means an appeal tribunal constituted under Chapter 1 of this Part (the functions of which have been transferred to the First-tier Tribunal);
“Commissioner” means a person appointed as a Social Security Commissioner under Schedule 4 (the functions of whom have been transferred to the Upper Tribunal), and includes a tribunal of such persons.
10A Reference of issues by Secretary of State to Inland Revenue.
1
Regulations may make provision requiring the Secretary of State, where on consideration of any claim or other matter he is of the opinion that there arises any issue which under section 8 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 falls to be decided by an officer of the Inland Revenue, to refer the issue to the Inland Revenue.
2
Regulations under this section may—
a
provide for the Inland Revenue to give the Secretary of State a preliminary opinion on any issue referred to them,
b
specify the circumstances in which an officer of the Inland Revenue is to make a decision under section 8 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 on a reference by the Secretary of State,
c
enable or require the Secretary of State, in specified circumstances, to deal with any other issue arising on consideration of the claim or other matter pending the decision on the referred issue, and
d
require the Secretary of State to decide the claim or other matter in accordance with the decision of an officer of the Inland Revenue on the issue referred to them, or in accordance with any determination of the F17First-tier Tribunal or Upper Tribunal made on appeal from F18the tribunal’s decision.
I23C3111Regulations with respect to decisions
I3I7I11I15I191
Subject to the provisions of this Chapter and the Administration Act, provision may be made by regulations for the making of any decision by the Secretary of State under or in connection with the current legislation, or the former legislation, including a decision on a claim for benefit.
I7I11I15C12I192
Where it appears to the Secretary of State that a matter before him involves a question of fact requiring special expertise, he may direct that in dealing with that matter he shall have the assistance of one or more experts.
I7I11I15C12I193
In this section—
“the current legislation” means the Contributions and Benefits Act, the Jobseekers Act F11... F10, the Social Security (Recovery of Benefits) Act 1997F15, the State Pension Credit Act 2002F22, Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012F31, Part 4 of that Act and Part 1 of the Pensions Act 2014F35, section 30 of that Act and sections 18 to 21 of the Welfare Reform and Work Act 2016;
“expert” means a person appearing to the Secretary of State to have knowledge or experience which would be relevant in determining the question of fact requiring special expertise;
“the former legislation” means the National Insurance Acts 1965 to 1974, the National Insurance (Industrial Injuries) Acts 1965 to 1974, the Social Security Act 1975 and Part II of the Social Security Act 1986.
Pt. 1 Ch. 2: power to transfer functions conferred (25.2.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 17, 28(2)(c) (with Sch. 8)