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

SCHEDULE 2DECISIONS AGAINST WHICH NO APPEAL LIES

PART 2DECISIONS MADE UNDER SECONDARY LEGISLATION

5.  A decision of the Board relating to—

(a)the suspension of child benefit or allowance under Part 4; or

(b)the payment of such a benefit or allowance which has been so suspended.

6.  A decision of the Board under any of the following provisions of the Administration Regulations—

(a)regulation 5 (decision as to making a claim for benefit or allowance);

(b)regulation 7 (decision as to evidence and information required);

(c)regulation 10 (decision as to defective applications);

(d)regulation 11 (decision as to claims for child benefit treated as claims for guardian’s allowance and vice versa);

(e)regulation 18 (decision as to the time of payments);

(f)regulation 19 (decision as to elections to have child benefit paid weekly);

(g)regulation 23 (decision as to information to be given);

(h)regulation 26 (decision as to extinguishment of right to payment if payment is not obtained within the prescribed period) other than a decision under paragraph (5) (decision as to payment request after expiration of prescribed period);

(i)regulation 28 (decision as to appointments where person unable to act);

(j)regulations 29 to 32 (decisions as to claims or payments after death of claimant);

(k)regulation 33 (decision as to paying a person on behalf of another);

(l)regulation 34 (decision as to paying partner as alternative payee);

(m)Part 5 other than a decision under—

(i)regulation 35(1) (decision as to whether a payment in excess of entitlement has been credited to a bank or other account);

(ii)regulation 37 (decision as to the sums to be deducted in calculating recoverable amounts);

(iii)regulation 38 (decision as to the offsetting of a prior payment of child benefit or guardian’s allowance against arrears of child benefit or guardian’s allowance payable by virtue of a subsequent determination);

(iv)regulation 39 (decision as to the offsetting of a prior payment of income support or jobseeker’s allowance against arrears of child benefit or guardian’s allowance payable by virtue of a subsequent determination);

(v)regulation 41(1) (decision as to bringing interim payments into account);

(vi)regulation 42(1) (decision as to the overpayment of an interim payment).

7.  A decision of the Board made in accordance with the discretion conferred upon them by the following regulations of the Child Benefit (General) Regulations 2003(1)—

(a)regulation 4(1) or (4) (provisions relating to contributions and expenses in respect of a child);

(b)regulation 24(1)(c) or 28(1)(c) (decisions relating to a child’s temporary absence abroad).

8.  A decision of the Board relating to the giving of a notice under regulation 8(2) of the Guardian’s Allowance (General) Regulations 2003 (children whose surviving parents are in prison or legal custody)(2).

9.  A decision of the Board made in accordance with an Order made under—

(a)section 179 of the Administration Act (reciprocal agreements with countries outside the United Kingdom)(3); or

(b)section 155 of the Administration (NI) Act (reciprocal agreements with countries outside the United Kingdom)(4).

(3)

Section 179 was amended by paragraph 70 of Schedule 2 to the Jobseekers Act 1995, paragraph 107 of Schedule 7 to the Social Security Act 1998, paragraph 15 of Schedule 7 to the Transfer Act 1999, paragraph 2 of Schedule 6 to the Transfer Order 1999, paragraphs 1 and 3(g) of Schedule 1 to the Tax Credits Act 1999, paragraph 21 of Schedule 2 to the State Pension Credit Act 2002 and Schedule 6 to the Tax Credits Act 2002.

(4)

Section 155 was amended by paragraph 48 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 and Schedule 6 to the Tax Credits Act 2002.