Part IDecisions and Appeals

Chapter IISocial Security Decisions and Appeals

Decisions

8Decisions by Secretary of State

1

Subject to the provisions of this Chapter, it shall be for the Secretary of State—

a

to decide any claim for a relevant benefit;

b

to decide any claim for a social fund payment mentioned in section 138(1)(b) of the Contributions and Benefits Act;

c

subject to subsection (5) below, to make any decision that falls to be made under or by virtue of a relevant enactment; 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 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”, subject to section 21(4) below, 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 138(1)(a) or (2) of the Contributions and Benefits Act;

g

child benefit;

h

such other benefit as may be prescribed.

4

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 1992 or the Jobseekers Act, 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).

5

Subsection (1)(c) above 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.