The Civil Procedure Rules 1998

RSC ORDER 111 THE SOCIAL SECURITY ADMINISTRATION ACT 1992(1)

Judge by whom appeals and references to be heard

Rule 1  Any appeal to the High Court against a decision of the Secretary of State on a question of law under the Social Security Administration Act 1992, and any question of law referred to the High Court by the Secretary of State under the Act, shall be heard and determined by a single judge of the Queen’s Bench Division.

Appeal: preliminary statement of facts by Secretary of State

Rule 2  Any person who by virtue of section 18 or 58 (8) of the Social Security Administration Act 1992 is entitled and wishes to appeal against a decision of the Secretary of State on a question of law must within the prescribed period or within such further time as the Secretary of State may allow serve on the Secretary of State a notice of appeal requiring him to state a case setting out the facts on which his decision was based and his decision.

If within 28 days after receipt of notice of the decision a request is made to the Secretary of State in accordance with regulations made under the Act to furnish a statement of the grounds of the decision, the prescribed period for the purpose of this rule shall be 28 days after receipt of that statement, and if no such request is made within 28 days after receipt of notice of the decision the prescribed period for that purpose shall be 28 days after receipt of that notice.

Special provisions as to appeals

Rule 3  Order 55 shall not apply in relation to an appeal under the said section 18 or 58 (8) but Order 56, rules 9 to 12, shall apply in relation to the case stated by the Secretary of State for the purpose of any such appeal as they apply in relation to any other case stated by a Minister except that Order 56, rule 10 (4) and (7) as so applied, shall have effect as if for the period of 14 days and 7 days therein specified there were substituted a period of 28 days.

Reference of question of law

Rule 4—(1) Where under the said section 18 or 58 (8) the Secretary of State refers to the High Court for decision any question of law, he must state that question together with the facts relating thereto in a case.

(2) Order 56, rules 9 (1), 10 (1), 11 and 12, shall apply in relation to a case stated under paragraph (1) of this rule as they apply in relation to any other case stated by a Secretary of State.

(3) The notice of appeal by which proceedings for the determination of the question of law stated in the case are begun, together with a copy of the case, must be served by the Secretary of State on every person as between whom and the Secretary of State the question has arisen.

(4) Unless the Court having jurisdiction to determine the question of law otherwise directs, the appeal or reference shall not be heard sooner than 28 days after service of notice of appeal.

Powers of Court hearing appeal or reference

Rule 5—(1) Without prejudice to Order 56, rule 11, as applied by rules 3 and 4 of this Order, the Court hearing an appeal or reference under the said section 18 or 58 (8) may order the case stated by the Secretary of State to be returned to the Secretary of State for him to hear further evidence.

(2) The Court hearing such an appeal or reference shall determine all questions arising thereon, and in the case of any such appeal may reverse, affirm or amend the decision appealed against or make such other order as it thinks fit.

(1)

1992 c. 5.