PART IIDECISIONS AND APPEALS
C2C3C4C5C6C7 CHAPTER IISOCIAL SECURITY DECISIONS AND APPEALS
Pt. 2 Ch. 2 (arts. 9-39) modified (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 135(8), 170(3); S.I. 2008/3137, art. 2
Pt. 2 Ch. 2 (arts. 9-39) modified by 1992 c. 7, Sch. 4C para. 4 (as inserted (prosp.) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 81(5), 118(1), Sch. 2)
Pt. 2 Ch. 2 (arts. 9-39) applied (1.10.2010) by Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 6, Sch. 1
Pt. 2 Ch. 2 (arts. 9-39) applied (with modifications) (1.10.2010) by Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 16, Sch. 2
Pt. 2 Ch. 2 power to apply (with modifications) conferred (14.11.2016 for the purposes of the trial, 21.4.2017 in so far as not already in operation) by Childcare Payments Act 2014 (c. 28), ss. 59(4)(b), 75(2); S.I. 2016/1083, reg. 2(g); S.I. 2017/578, reg. 3(e)
Decisions
Decisions by the DepartmentC1F1F2F39
1
Subject to the provisions of this Chapter, it shall be for the Department—
a
to decide any claim for a relevant benefit;
b
c
subject to paragraph (5), to make any decision that falls to be made under any relevant statutory provision;F4. . .
Sub‐para. (d) rep. by SI 1999/671
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
F5In this Chapter “relevant benefit”,. . . , means any of the following, namely—
a
benefit under Parts II to V of the Contributions and Benefits Act;
F18aa
universal credit;
F10ab
state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015;
F15ac
bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015;
b
a jobseeker's allowance;
F6ba
an employment and support allowance;
F12baa
personal independence payment;
F7bb
state pension credit;
F16bc
a loan under Article 13 of the Welfare Reform and Work (Northern Ireland) Order 2016;
c
income support;
Sub‐paras. (d) and (e) rep. by 2002 c. 21
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 1992F8, the Jobseekers Order F9, the State Pension Credit Act (Northern Ireland) 2002 F19, Part 1 of the Welfare Reform Act (Northern Ireland) 2007 or Part 2 of the Welfare Reform (Northern Ireland) Order 2015F13or Part 5 of that Order ., F11or Part 1 of the Pensions Act (Northern Ireland) 2015F17, section 29 of that Act or Articles 13 to 16 of the Welfare Reform and Work (Northern Ireland) Order 2016 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).
F45
Paragraph (1)(c) does not include any decision which under Article 7 of the Social Security Contributions (Transfer of Functions, etc.)(Northern Ireland) Order 1999 falls to be made by an officer of the Inland Revenue.
Pt. 2 Ch. 2 (arts. 9-39) applied (1.7.2008 for certain purposes, otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 18(2), 60(1); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1