xmlns:atom="http://www.w3.org/2005/Atom"

Regulation 27

SCHEDULE 1Decisions against which no appeal lies

Child benefit

1.  A decision of the Department as to whether an educational establishment be recognised for the purposes of Part IX of the Contributions and Benefits Act.

2.  A decision of the Department to recognise education provided otherwise than at a recognised educational establishment.

3.  A decision of the Department made in accordance with the discretion conferred on it by regulations 2(2)(c)(iii) and 7(3) of the Child Benefit (Residence and Persons Abroad) Regulations (Northern Ireland) 1976(1).

4.  A decision of the Department made in accordance with the discretion conferred on it by regulation 2(1) or (3) of the Child Benefit (General) Regulations (Northern Ireland) 1979(2).

Claims and payments

5.  A decision of the Department under the Claims and Payments Regulations except a decision under the following provisions of those Regulations—

(a)regulation 19(3) as to the time for claiming benefit;

(b)regulation 36AB(4) as to the payment of withheld benefit;

(c)regulation 37 as to the extinguishment of the right to payment of sums by way of benefit where payment is not obtained within the prescribed period; and

(d)the following provisions of Schedule 8A(5) and regulation 34A(1)(6) in so far as it relates to them—

(i)paragraph 3 relating to the amount deductible by way of housing costs,

(ii)paragraph 4 relating to the amount of miscellaneous housing costs payable direct to a third party,

(iii)paragraph 4A(7) relating to the direct payment to a third party of benefit payable to or in respect of persons resident in hostels,

(iv)paragraph 5 relating to payments of benefit direct to the claimant’s or his partner’s landlord,

(v)paragraph 6 relating to the payment out of benefit of fuel costs,

(vi)paragraph 7 relating to the payment out of benefit of rates,

(vii)paragraph 7A(8) in connection with amounts payable in place of child support maintenance,

(viii)paragraph 7B(9) as to whether an amount in respect of arrears of child support maintenance is to be deducted from a person’s jobseeker’s allowance, and

(ix)paragraph 9(3)(10) as to the priority between liabilities for items of gas or electricity.

Contracted-out pension schemes

6.  A decision of the Department under section 105 of the Pension Schemes Act(11) or any order made under it.

Decisions dependent on other cases

7.  A decision of the Department under Article 25 or 26.

European Community regulations

8.  An authorisation given by the Department in accordance with Article 22(1) or 55(1) of Council Regulation (EEC) No. 1408/71(12) on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community.

Expenses

9.  A decision of the Department whether to pay expenses to any person under section 156 of the Administration Act(13).

Guardian’s allowance

10.  A decision of the Department relating to the giving of a notice under regulation 5(8) of the Social Security (Guardian’s Allowances) Regulations (Northern Ireland) 1975(14).

Income support

11.  A decision of the Department which embodies a determination made in accordance with regulation 13(1) or (2).

Industrial injuries benefit

12.  A decision of the Department relating to the question whether—

(a)disablement pension be increased under section 104 of the Contributions and Benefits Act; or

(b)disablement pension be further increased under section 105 of that Act,

and if an increase is to be granted or renewed, the period for which and the amount at which it is payable.

13.  A decision of the Department under regulation 2(2) of the Social Security (Industrial Injuries and Diseases) (Miscellaneous Provisions) Regulations (Northern Ireland) 1986(15) as to the length of any period of interruption of education which is to be disregarded.

14.  A decision of the Department to approve or not to approve a person undertaking work for the purposes of regulation 15 of the Social Security (General Benefit) Regulations (Northern Ireland) 1984(16).

15.  A decision of the Department as to how the limitations under Part VI of Schedule 7 to the Contributions and Benefits Act on the benefit payable in respect of any death are to be applied in the circumstances of any case.

Invalid vehicle scheme

16.  A decision of the Department relating to the issue of certificates under regulation 13 of, and Schedule 2 to, the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(17).

Jobseeker’s allowance

17.—(1) A decision of the Department under Chapter IV of Part II of the Jobseeker’s Allowance Regulations as to the day and the time a claimant is to attend at an office of the Department.

(2) A decision of the Department as to the day of the week on which a claimant is required to provide a signed declaration under regulation 24(10) of the Jobseeker’s Allowance Regulations.

(3) A decision of the Department which embodies a determination made in accordance with regulation 15.

Payments on account, overpayments and recovery

18.  A decision of the Department under the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988(18), except a decision of the Department under the following provisions of those Regulations—

(a)regulation 3 to offset any interim payment made in anticipation of an award of benefit;

(b)regulation 4(1) as to the overpayment of an interim payment;

(c)regulation 5 as to the offsetting of a prior payment against a subsequent award;

(d)regulation 11(1) as to whether a payment in excess of entitlement has been credited to a bank or other account;

(e)regulation 13 as to the sums to be deducted in calculating recoverable amounts;

(f)regulation 14(1) as to the treatment of capital to be reduced;

(g)regulation 19 determining a claimant’s protected earnings; and

(h)regulation 24 whether a determination as to a claimant’s protected earnings is revised or superseded.

Persons abroad

19.  A decision of the Department made under—

(a)regulation 2(1)(a) of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978(19). whether to certify that it is consistent with the proper administration of the Contributions and Benefits Act that a disqualification under section 113(1)(a) of that Act should not apply;

(b)regulation 9(4) or (5) of those Regulations whether to allow a person to avoid disqualification for receiving benefit during a period of temporary absence from Northern Ireland longer than that specified in that regulation.

Reciprocal agreements

20.  A decision of the Department made in accordance with an order made under section 155 of the Administration Act(20).

Social fund awards

21.  A decision of the Department under section 74 of the Administration Act(21) relating to the recovery of social fund awards.

Suspension

22.  A decision of the Department relating to the suspension of a relevant benefit or to the payment of such a benefit which has been suspended under Part III of these Regulations.

Up-rating

23.  A decision of the Department relating to the up-rating of benefits under Part IX of the Administration Act.

(1)

S.R. 1976 No. 227, to which there are amendments not relevant to these regulations

(2)

S.R. 1979 No. 5, to which there are amendments not relevant to these regulations

(3)

Regulation 19 was substituted by regulation 3(7) of S.R. 1997 No. 156 and amended by S.R. 1997 No. 417

(4)

Regulation 36AB was inserted by regulation 2(6) of S.R. 1994 No. 345

(5)

Schedule 8A was inserted by the Schedule to S.R. 1988 No. 67

(6)

Regulation 34A was inserted by regulation 2(2) of S.R. 1988 No. 67 and amended by S.R. 1988 Nos. 141 and 369, S.R. 1989 No. 398 and S.R. 1992 No. 271

(7)

Paragraph 4A was inserted by regulation 6(7)(d) of S.R. 1991 No. 488 and amended by S.R. 1996 No. 354

(8)

Paragraph 7A was inserted by regulation 2(3) of S.R. 1993 No. 146 and amended by S.R. 1996 No. 65

(9)

Paragraph 7B was inserted by regulation 2(8)(b) of S.R. 1996 No. 432

(10)

Paragraph 9(3) was inserted by regulation 2(8)(d)(ii) of S.R. 1996 No. 432

(11)

Section 105 was amended by Article 55 of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))

(12)

O.J. No. L149/2, 5.7.1971 (O.J./S.E. 1971 (II) p. 416)

(13)

Section 156 was amended by paragraph 49 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) and paragraph 8 of Schedule 3 to the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (S.I. 1997/1183 (N.I. 12))

(14)

S.R. 1975 No. 98, to which there are amendments not relevant to these regulations

(15)

S.R. 1986 No. 340, to which there are amendments not relevant to these regulations

(16)

S.R. 1984 No. 92; relevant amending regulations are S.R. 1986 No. 340

(17)

S.R. 1992 No. 32, to which there are amendments not relevant to these regulations

(18)

S.R. 1988 No. 142; relevant amending regulations are S.R. 1992 No. 6, S.R. 1993 No. 175 and S.R. 1996 No. 289

(20)

Section 155 was amended by paragraph 48 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995

(21)

Section 74 was amended by paragraph 186 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) and Article 33(2) of, and paragraph 34 of Schedule 2 to, the Jobseekers (Northern Ireland) Order 1995