Social Security Act 1998

Part I — Decisions and Appeals

Chapter I — General

Decisions

Child support: decisions superseding earlier decisions

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The following functions are hereby transferred to the Secretary of State, namely—

• (a) the functions of adjudication officers appointed under section 38 of the Social Security Administration Act 1992 (“the Administration Act”);

• (b) the functions of social fund officers appointed under section 64 of that Act; and

• (c) the functions of child support officers appointed under section 13 of the Child Support Act 1991 (“the Child Support Act”).

Use of computers

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• (1) Any decision, determination or assessment falling to be made or certificate falling to be issued by the Secretary of State under or by virtue of a relevant enactment, or in relation to a war pension, may be made or issued not only by an officer of his acting under his authority but also—

• (a) by a computer for whose operation such an officer is responsible; and

• (b) in the case of a decision, determination or assessment that may be made or a certificate that may be issued by a person providing services to the Secretary of State, by a computer for whose operation such a person is responsible.

• (2) In this section “relevant enactment” means any enactment contained in—

• (a) Chapter II of this Part;

• (b) the Social Security Contributions and Benefits Act 1992 (“the Contributions and Benefits Act”);

• (c) the Administration Act;

• (d) the Child Support Act;

• (e) the Social Security (Incapacity for Work) Act 1994;

• (f) the Jobseekers Act 1995 (“the Jobseekers Act”);

• (g) the Child Support Act 1995; ...

• (h) the Social Security (Recovery of Benefits) Act 1997; ...

• (i) the State Pension Credit Act 2002; ...

• (j) Part 1 of the Welfare Reform Act 2007;

• (k) Part 1 of the Welfare Reform Act 2012; ...

• (l) Part 4 of that Act;

• (m) Part 1 of the Pensions Act 2014; ...

• (n) section 30 of the Pensions Act 2014; or

• (o) sections 18 to 21 of the Welfare Reform and Work Act 2016.

• (3) In this section and section 3 below “war pension” has the same meaning as in section 25 of the Social Security Act 1989 (establishment and functions of war pensions committees).

Use of information

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• (1) Subsection (2) below applies to information relating to any of the matters specified in subsection (1A) below which is held—

• (a) by the Secretary of State or the Northern Ireland Department; or

• (b) by a person providing services to the Secretary of State or the Northern Ireland Department in connection with the provision of those services.

• (1A) The matters are—

• (a) social security ... or war pensions;

• (aa) child support ... ;

• (b) employment or training;

• (c) private pensions policy;

• (d) retirement planning;

• (e) the investigation or prosecution of offences relating to tax credits;

• (f) the Diffuse Mesothelioma Payment Scheme.

• (2) Information to which this subsection applies—

• (a) may be used for the purposes of, or for any purposes connected with, the exercise of functions in relation to any of the matters specified in subsection (1A) above; and

• (b) may be supplied to, or to a person providing services to, the Secretary of State or the Northern Ireland Department for use for those purposes.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In this section “the Northern Ireland Department” means the Department of Health and Social Services for Northern Ireland or the Department for Employment and Learning in Northern Ireland.

• (5) In this section—

• “private pensions policy” means policy relating to— occupational pension schemes or personal pension schemes (within the meaning given by section 1 of the Pension Schemes Act 1993); oroccupational pension schemes or private pension schemes within the meaning of Part 1 of the Pensions Act 2008, if they do not fall within paragraph (a);

• “retirement planning” means promoting financial planning for retirement.

Appeals

Unified appeal tribunals

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President of appeal tribunals

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• (1) The Lord Chancellor may, after consultation with the Lord Advocate, appoint a President of appeal tribunals.

• (2) A person is qualified to be appointed President if—

• (a) he satisfies the judicial-appointment eligibility condition on a 7-year basis; or

• (b) he is an advocate or solicitor in Scotland of at least 7 years' standing.

• (3) Schedule 1 to this Act shall have effect for supplementing this section.

Panel for appointment to appeal tribunals

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• (1) The Lord Chancellor shall constitute a panel of persons to act as members of appeal tribunals.

• (2) Subject to subsection (3) below, the panel shall be composed of persons appointed by the Lord Chancellor.

• (3) The panel shall include persons possessing such qualifications as may be prescribed by regulations made with the concurrence of the Lord Chancellor.

• (3A) As part of the selection process for the appointment of a medical practitioner as a member of the panel, the Judicial Appointments Commission shall consult the Chief Medical Officer.

• (4) The numbers of persons appointed to the panel, and the terms and conditions of their appointments, shall be determined by the Lord Chancellor with the consent of the Secretary of State.

• (5) A person may be removed from the panel by the Lord Chancellor on the ground of incapacity or misbehaviour; but the Lord Chancellor may remove such a person only with the concurrence of the appropriate senior judge.

• (5A) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.

• (6) In this section “the Chief Medical Officer” means—

• (a) in relation to England, the Chief Medical Officer of the Department of Health;

• (b) in relation to Wales, the Chief Medical Officer of the Welsh Office; and

• (c) in relation to Scotland, the Chief Medical Officer of the Scottish Administration.

Appeal to appeal tribunal

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• (1) Subject to subsection (2) below, an appeal tribunal shall consist of one, two or three members drawn by the President from the panel constituted under section 6 above.

• (2) The member, or (as the case may be) at least one member, of an appeal tribunal must—

• (a) be a solicitor of the Senior Courts of England and Wales, a barrister in England and Wales or have a qualification that is specified under subsection (6A); or

• (b) be an advocate or solicitor in Scotland.

• (3) Where an appeal tribunal has more than one member—

• (a) the President shall nominate one of the members as chairman;

• (b) decisions shall be taken by a majority of votes; and

• (c) unless regulations otherwise provide, the chairman shall have any casting vote.

• (4) Where it appears to an appeal tribunal that a matter before it involves a question of fact of special difficulty, then, unless regulations otherwise provide, the tribunal may require one or more experts to provide assistance to it in dealing with the question.

• (5) In subsection (4) above “expert” means a member of the panel constituted under section 6 above who appears to the appeal tribunal concerned to have knowledge or experience which would be relevant in determining the question of fact of special difficulty.

• (6) Regulations shall make provision with respect to—

• (a) the composition of appeal tribunals;

• (b) the procedure to be followed in allocating cases among differently constituted tribunals; and

• (c) the manner in which expert assistance is to be given under subsection (4) above.

• (6A) The Lord Chancellor may by order specify a qualification for the purposes of subsection (2)(a) above.

• (6B) Subsections (2) to (4), (9) and (10) of section 51 of the Tribunals, Courts and Enforcement Act 2007 (contents of orders under subsection (1) of that section, and cessation of effect of such orders) shall apply for the purposes of subsection (6A) above as they apply for the purposes of subsection (1) of that section, but as if the reference in subsection (3) of that section to section 50 of that Act were a reference to this section.

• (6C) For the purposes of subsection (2)(a) above, a person shall be taken first to become a barrister—

• (a) when the person completes pupillage in connection with becoming a barrister, or

• (b) in the case of a person not required to undertake pupillage in connection with becoming a barrister, when the person is called to the Bar of England and Wales.

• (6D) For the purposes of subsection (2)(a) above, a person shall be taken not to be a solicitor or a barrister, or not to have a qualification specified under subsection (6A) above, if as a result of disciplinary proceedings he is prevented from practising as a solicitor or (as the case may be) as a barrister or as a holder of the specified qualification.

• (7) Schedule 1 to this Act shall have effect for supplementing this section.

Chapter II — Social Security Decisions and Appeals

Decisions

Decisions by Secretary of State

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• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

• (c) subject to subsection (5) below, to make any decision that falls to be made under or by virtue of a relevant enactment; ...

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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” ... means any of the following, namely—

• (a) benefit under Parts II to V of the Contributions and Benefits Act;

• (aa) universal credit;

• (ab) state pension or a lump sum under Part 1 of the Pensions Act 2014;

• (ac) bereavement support payment under section 30 of the Pensions Act 2014;

• (b) a jobseeker’s allowance;

• (ba) an employment and support allowance;

• (baa) personal independence payment;

• (bb) state pension credit;

• (bc) a loan under section 18 of the Welfare Reform and Work Act 2016;

• (c) income support;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 Social Security (Consequential Provisions) Act 1992, the Jobseekers Act, the State Pension Credit Act 2002, Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012, Part 4 of that Act or Part 1 of the Pensions Act 2014, section 30 of that Act or sections 18 to 21 of the Welfare Reform and Work Act 2016, 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 which under section 8 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 falls to be made by an officer of the Inland Revenue.

Revision of decisions

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• (1) ... Any decision of the Secretary of State under section 8 above or section 10 below may be revised by the Secretary of State—

• (a) either within the prescribed period or in prescribed cases or circumstances; and

• (b) either on an application made for the purpose or on his own initiative;

and regulations may prescribe the procedure by which a decision of the Secretary of State may be so revised.

• (2) In making a decision under subsection (1) above, the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.

• (3) Subject to subsections (4) and (5) and section 27 below, a revision under this section shall take effect as from the date on which the original decision took (or was to take) effect.

• (4) Regulations may provide that, in prescribed cases or circumstances, a revision under this section shall take effect as from such other date as may be prescribed.

• (5) Where a decision is revised under this section, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.

• (6) Except in prescribed circumstances, an appeal against a decision of the Secretary of State shall lapse if the decision is revised under this section before the appeal is determined.

Vaccine damage payments: decisions reversing earlier decisions

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• (1) Subject to subsection (3) ... below, the following, namely—

• (a) any decision of the Secretary of State under section 8 above or this section, whether as originally made or as revised under section 9 above; ...

• (aa) any decision under this Chapter of an appeal tribunal or a Commissioner; and

• (b) any decision under this Chapter of the First-tier Tribunal or any decision of the Upper Tribunal which relates to any such decision,

may be superseded by a decision made by the Secretary of State, either on an application made for the purpose or on his own initiative.

• (2) In making a decision under subsection (1) above, the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.

• (3) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this section.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Subject to subsection (6) and section 27 below, a decision under this section shall take effect as from the date on which it is made or, where applicable, the date on which the application was made.

• (6) Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed.

• (7) In this section—

• “appeal tribunal” means an appeal tribunal constituted under Chapter 1 of this Part (the functions of which have been transferred to the First-tier Tribunal);

• “Commissioner” means a person appointed as a Social Security Commissioner under Schedule 4 (the functions of whom have been transferred to the Upper Tribunal), and includes a tribunal of such persons.

Finality of decisions

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• (1) Subject to the provisions of this Chapter and the Administration Act, provision may be made by regulations for the making of any decision by the Secretary of State under or in connection with the current legislation, or the former legislation, including a decision on a claim for benefit.

• (2) Where it appears to the Secretary of State that a matter before him involves a question of fact requiring special expertise, he may direct that in dealing with that matter he shall have the assistance of one or more experts.

• (3) In this section—

• “the current legislation” means the Contributions and Benefits Act, the Jobseekers Act ... , the Social Security (Recovery of Benefits) Act 1997, the State Pension Credit Act 2002, Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012, Part 4 of that Act and Part 1 of the Pensions Act 2014, section 30 of that Act and sections 18 to 21 of the Welfare Reform and Work Act 2016;

• “expert” means a person appearing to the Secretary of State to have knowledge or experience which would be relevant in determining the question of fact requiring special expertise;

• “the former legislation” means the National Insurance Acts 1965 to 1974, the National Insurance (Industrial Injuries) Acts 1965 to 1974, the Social Security Act 1975 and Part II of the Social Security Act 1986.

Appeals

Appeal to appeal tribunal

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• (1) This section applies to any decision of the Secretary of State under section 8 or 10 above (whether as originally made or as revised under section 9 above) which—

• (a) is made on a claim for, or on an award of, a relevant benefit, and does not fall within Schedule 2 to this Act; or

• (b) is made otherwise than on such a claim or award, and falls within Schedule 3 to this Act; ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In the case of a decision to which this section applies, the claimant and such other person as may be prescribed shall have a right to appeal to the First-tier Tribunal, but nothing in this subsection shall confer a right of appeal—

• (a) in relation to a prescribed decision, or a prescribed determination embodied in or necessary to a decision, or

• (b) where regulations under subsection (3A) so provide.