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The Social Security and Child Support (Decisions and Appeals) Regulations 1999

Type Statutory-Instrument

Publication 1999-03-26

Last updated 2026-03-15

State In force

Department King's Printer of Acts of Parliament

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(26) In paragraph (25), “benefit week" means any period of 7 days corresponding to the week in respect of which the relevant social security benefit is due to be paid.

(27) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(28) A decision to which regulation 6(2)(j) or (k) applies shall take effect from the first day of the disqualification period prescribed for the purposes of section 6B or 7 of the Social Security Fraud Act 2001.

(29) Subject to paragraphs (29A) and (29B), a decision to which regulation 6(2)(1) (state pension credit) refers shall take effect from the day following the day on which the assessed income period ends if that day is the first day of the claimant’s benefit week, but if it is not, from the next following such day.

(29A) A decision to which regulation 6(2)(l) applies, where—

(a) the decision is advantageous to the claimant; and

(b) the information and evidence required under regulation 32(1) of the Claims and Payments Regulations has not been provided within the period allowed under that regulation,

shall take effect from the day the information and evidence required under that regulation is provided if that day is the first day of the claimant’s benefit week, but, if it is not, from the next following such day.

(29B) A decision to which regulation 6(2)(l) applies, where—

(a) the decision is disadvantageous to the claimant; and

(b) the information and evidence required under regulation 32(1) of the Claims and Payments Regulations has not been provided within the period allowed under that regulation,

shall take effect from the day after the period allowed under that regulation expired.

(29C) Except where there is a change of circumstances during the period in which the Secretary of State was prevented from specifying a new assessed income period under regulation 10(1) of the State Pension Credit Regulations, a decision to which regulation 6(2)(m) applies shall take effect from the day on which the information and evidence required under regulation 32(6)(a) of the Claims and Payments Regulations was provided.

(30) Where a decision is superseded in accordance with regulation 6(2)(a)(i) and the relevant circumstances are that there has been a change in the legislation in relation to a relevant benefit, the decision under section 10 shall take effect from the date on which that change in the legislation had effect.

(30A) Where a decision is superseded in accordance with regulation 6(2)(a)(ii) and the relevant change of circumstances is the coming into force of a change in the legislation in relation to a relevant benefit, the decision under section 10 shall take effect from the date on which that change in the legislation takes effect.

(31) Where a decision is superseded in accordance with regulation 6(2)(a)(ii) and the relevant circumstances are that—

(a) a personal capability assessment has been carried out in the case of a person to whom section 171C(4) of the Contributions and Benefits Act applies; and

(b) the own occupation test remains applicable to him under section 171B(3) of that Act,

the decision under section 10 shall take effect on the day ... on which the own occupation test is no longer applicable to that person.

(32) For the purposes of paragraph (31)—

(a) “personal capability assessment” has the same meaning as in regulation 24 of the Social Security (Incapacity for Work) (General) Regulations 1995;

(b) “own occupation test” has the same meaning as in section 171B(2) of the Contributions and Benefits Act.

(33) A decision to which regulation 6(2)(c)(ii) applies shall take effect from the date on which the decision of the appeal tribunal, the First-tier Tribunal, the Upper Tribunal or the Commissioner would have taken effect had it been decided in accordance with the determination of the Upper Tribunal or the Commissioner or the court in the appeal referred to in section 26(1)(b).

(34) A decision which supersedes a decision specified in regulation 6(2)(n) shall take effect from the effective date of the Secretary of State’s decision to terminate income support which was confirmed by the decision specified in regulation 6(2)(n).

(35) A decision made in accordance with regulation 6(2)(p), where the failure determination was made before the 13th week of entitlement, shall take effect from the first day of the benefit week following that week.

(36) A decision made in accordance with regulation 6(2)(p) where paragraph (35) does not apply shall take effect from the first day of the benefit week in which the failure determination was made.

A decision made in accordance with regulation 6(2)(p) shall take effect —

(a) on the first day of the benefit week in which the failure determination was made where, on the date of that determination, the claimant has not been paid an employment and support allowance since the failure to which that determination relates; or

(b) in any other case, on the first day of the benefit week after the end of the benefit week in respect of which the claimant was last paid an employment and support allowance.

(37) A decision made in accordance with regulation 6(2)(q) shall take effect from the first day of the benefit week in which the reduction mentioned in that sub-paragraph ceased to have effect.

(38) A decision made in accordance with regulation 6(2)(r) that embodies a determination that the claimant has—

(a) limited capability for work; or

(b) limited capability for work-related activity; or

which is the first such determination shall take effect from the day after the last day of the relevant period as defined in regulation 4(4) of the Employment and Support Allowance Regulations.

(39) A decision made in accordance with regulation 6(2)(r), following an application by the claimant, that embodies a determination that the claimant has limited capability for work-related activity shall take effect from the date of the application.

(40) A decision made in accordance with regulation 6(2)(r) that embodies a determination that the claimant has—

(a) limited capability for work; or

(b) limited capability for work-related activity; or

where regulation 5 of the Employment and Support Allowance Regulations (assessment phase – previous claimants) applies shall take effect from the beginning of the 14th week of the person’s continuous period of limited capability for work.

(41) A decision made in accordance with regulation 6(2)(t) shall take effect from the first day of the next benefit week following the day on which the determination mentioned in that sub-paragraph was made.

(42) A decision made in accordance with regulation 6(2)(u) shall take effect from the first day of the benefit week in which the reduction mentioned in that sub-paragraph ceased to have effect.

(43) Where the decision is superseded in accordance with regulation 6(2)(sa), the superseding decision shall take effect from the date on which the contributions are treated as paid in accordance with regulation 4(7) of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 for the purposes of entitlement to—

(i) a bereavement benefit;

(ii) a Category A or Category B retirement pension under Part II of the Contributions and Benefits Act; or

(iii) a state pension under Part 1 of the Pensions Act 2014.

Effective date for late notifications of change of circumstances

8

(1) For the purposes of regulation 7(2) and (9), a longer period of time may be allowed for the notification of a change of circumstances in so far as it affects the effective date of the change where the conditions specified in the following provisions of this regulation are satisfied.

(2) An application for the purposes of regulation 7(2) or (9) shall be made by the claimant or a person acting on his behalf.

(3) The application referred to in paragraph (2) shall—

(a) contain particulars of the relevant change of circumstances and the reasons for the failure to notify the change of circumstances on an earlier date; and

(b) be made—

(i) within 13 months of the date the change occurred; or

(ii) in the case of an application for the purposes of regulation 7(9)(b), within 13 months of the date on which the claimant satisfied the conditions of entitlement to the particular rate of benefit.

(4) An application under this regulation shall not be granted unless the Secretary of State is satisfied or the Board are satisfied that—

(a) it is reasonable to grant the application;

(b) the change of circumstances notified by the applicant is relevant to the decision which is to be superseded; and

(c) special circumstances are relevant to the application and as a result of those special circumstances it was not practicable for the applicant to notify the change of circumstances within one month of the change occurring.

(5) In determining whether it is reasonable to grant the application, the Secretary of State or the Board shall have regard to the principle that the greater the amount of time that has elapsed between the date one month after the change of circumstances occurred and the date the application for the purposes of regulation 7(2) or (9) is made, the more compelling should be the special circumstances on which the application is based.

(6) In determining whether it is reasonable to grant an application, no account shall be taken of the following—

(a) that the applicant or any person acting for him was unaware of, or misunderstood, the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or

(b) that the Upper Tribunal or a court has taken a different view of the law from that previously understood and applied.

(7) An application under this regulation which has been refused may not be renewed.

CHAPTER III — OTHER MATTERS

Certificates of recoverable benefits

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A certificate of recoverable benefits may be reviewed under section 10 of the 1997 Act where the Secretary of State is satisfied that—

(a) a mistake (whether in computation of the amount specified or otherwise) occurred in the preparation of the certificate;

(b) the benefit recovered from a person who makes a compensation payment (as defined in section 1 of the 1997 Act) is in excess of the amount due to the Secretary of State;

(c) incorrect or insufficient information was supplied to the Secretary of State by the person who applied for the certificate and in consequence the amount of benefit specified in the certificate was less than it would have been had the information supplied been correct or sufficient; or

(d) a ground for appeal is satisfied under section 11 of the 1997 Act .

Effect of a determination as to capacity for work

10

(1) This regulation applies to a determination whether a person—

(a) is capable or incapable of work;

(b) is to be treated as capable or incapable of work;

(d) is to be treated as having or not having limited capability for work.

(2) A determination (including a determination made following a change of circumstances) as set out in paragraph (1) which is embodied in or necessary to a decision under Chapter II of Part I of the Act or on which such a decision is based shall be conclusive for the purposes of any further decision.

Secretary of State to determine certain matters

11

Where, in relation to a determination for any purpose to which Part XIIA of the Contributions and Benefits Act or Part 1 of the Welfare Reform Act applies, an issue arises as to—

(a) whether a person is, or is to be treated as, capable or incapable of work in respect of any period; or

(aa) whether a person is, or is to be treated as, having or not having limited capability for work; or

(b) whether a person is terminally ill,

that issue shall be determined by the Secretary of State, notwithstanding that other matters fall to be determined by another authority.

Decision of the Secretary of State relating to industrial injuries benefit

12

(1) This regulation applies where, for the purpose of a decision of the Secretary of State relating to a claim for industrial injuries benefit under Part V of the Contributions and Benefits Act an issue to be decided is—

(a) the extent of a personal injury for the purposes of section 94 of that Act;

(b) whether the claimant has a disease prescribed for the purposes of section 108 of that Act or the extent of any disablement resulting from such a disease; or

(c) whether the claimant has a disablement for the purposes of section 103 of that Act or the extent of any such disablement.

(2) In connection with making a decision to which this regulation applies, the Secretary of State may refer an issue, together with any relevant evidence or information available to him, including any evidence or information provided by or on behalf of the claimant, to a health care professional approved by the Secretary of State who has experience in such of the issues specified in paragraph (1) as are relevant to the decision, for such report as appears to the Secretary of State to be necessary for the purpose of providing him with information for use in making the decision.

(3) In making a decision to which this regulation applies, the Secretary of State shall have regard to (among other factors)—

(a) all relevant medical reports provided to him in connection with that decision; and

(b) the experience, in such of the issues specified in paragraph (1) as are relevant to the decision, of any health care professional who has provided a report, including a health care professional approved by the Secretary of State who has provided a report following an examination required by the Secretary of State under section 19.

13

(1) Where, for the purpose of a decision under section 8 (decisions by Secretary of State) or 10 (decisions superseding earlier decisions)—

(a) a determination falls to be made by the Secretary of State in respect of a claimant of income support, state pension credit or employment and support allowance as to—

(i) the amount to be included in an owner-occupier loan payment under regulation 10 of the Loans for Mortgage Interest Regulations (calculation of each loan payment); or

(ii) what housing costs are to be included in the claimant’s applicable amount (in the case of income support or employment and support allowance) or the claimant’s appropriate minimum guarantee (in the case of state pension credit); and

(b) it appears to the Secretary of State that the Secretary of State is not in possession of all of the evidence or information which is relevant for the purposes of such a determination,

the Secretary of State shall make the determination on the assumption that the amounts to be included in an owner-occupier loan payment, the claimant’s applicable amount, or the claimant’s appropriate minimum guarantee, as the case may be, are those that can be immediately determined.

(2) Where, for the purpose of a decision under section 8 or 10—

(a) a determination falls to be made by the Secretary of State as to whether—

(i) in relation to any person, the applicable amount falls to be reduced or disregarded to any extent by virtue of section 126(3) of the Contributions and Benefits Act (persons affected by trade disputes);

(ii) for the purposes of regulation 12 of the Income Support Regulations, a person is by virtue of that regulation to be treated as receiving relevant education; ...

(iii) in relation to any claimant, the applicable amount includes severe disability premium by virtue of regulation 17(1)(d) or 18(1)(e), and paragraph 13 of Schedule 2 to, the Income Support Regulations; or

(iv) in relation to any claimant, the applicable amount includes the severe disability premium by virtue of regulation 67(1) or 68(1) of, and paragraph 6 of Schedule 4 to, the Employment and Support Allowance Regulations ; and

(b) it appears to the Secretary of State that he is not in possession of all of the evidence or information which is relevant for the purposes of such a determination,

he shall make the determination on the assumption that the relevant evidence or information which is not in his possession is adverse to the claimant.

(3) Where, for the purposes of a decision under section 8 or 10—

(a) a determination falls to be made by the Secretary of State as to whether a claimant’s appropriate minimum guarantee includes an additional amount in accordance with regulation 6(4) of, and paragraph 1 of Schedule I to, the State Pension Credit Regulations ; and

(b) it appears to the Secretary of State that he is not in possession of all the evidence or information which is relevant for the purpose of such a determination,

he shall make the determination on the assumption that the relevant evidence or information which is not in his possession is adverse to the claimant.

Effect of alteration in the component rates of income support and jobseeker’s allowance

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(1) Section 159 of the Administration Act (effect of alteration in the component rates of income support) shall not apply to any award of income support in force in favour of a person where there is applicable to that person—

(a) any amount determined in accordance with regulation 17(2) to (7) of the Income Support Regulations; or

(b) any protected sum determined in accordance with Schedule 3A or 3B of those Regulations ; or

(c) any transitional addition, personal expenses addition or special transitional addition applicable under Part II of the Income Support (Transitional) Regulations 1987 (transitional protection).

(2) Where section 159 of the Administration Act does not apply to an award of income support by virtue of paragraph (1), a decision under section 10 may be made in respect of that award for the sole purpose of giving effect to any change made by an order under section 150 of the Administration Act.

(3) Section 159A of the Administration Act (effect of alterations in the component rates of jobseeker’s allowance) shall not apply to any award of a jobseeker’s allowance in force in favour of a person where there is applicable to that person any amount determined in accordance with regulation 87 of the Jobseeker’s Allowance Regulations.

(4) Where section 159A of the Administration Act does not apply to an award of a jobseeker’s allowance by virtue of paragraph (3), a decision under section 10 may be made in respect of that award for the sole purpose of giving effect to any change made by an order under section 150 of the Administration Act.

(5) Section 159B of the Administration Act (effect of alterations affecting state pension credit) shall not apply to any award of state pension credit in favour of a person where in relation to that person the appropriate minimum guarantee includes an amount determined under paragraph 6 of Part III of Schedule I to the State Pension Credit Regulations .

(6) Where section 159B of the Administration Act does not apply to an award of state pension credit by virtue of paragraph (5), a decision under section 10 may be made in respect of that award for the sole purpose of giving effect to any change made to an award under section 150 of the Administration Act.

Jobseeker’s allowance determinations on incomplete evidence

15

Where, for the purpose of a decision under section 8 or 10—

(a) a determination falls to be made by the Secretary of State as to whether—

(i) in relation to any person, the applicable amount falls to be reduced or disregarded to any extent by virtue of section 15 of the Jobseekers Act (persons affected by trade disputes); or

(ii) for the purposes of regulation 54(2) to (4) of the Jobseeker’s Allowance Regulations (relevant education), a person is by virtue of that regulation, to be treated as receiving relevant education; and

(b) it appears to the Secretary of State that he is not in possession of all of the evidence or information which is relevant for the purposes of such a determination,

he shall make the determination on the assumption that the relevant evidence or information which is not in his possession is adverse to the claimant.

PART III — SUSPENSION, TERMINATION AND OTHER MATTERS

CHAPTER I — SUSPENSION AND TERMINATION

Suspension in prescribed cases

16

(1) Subject to paragraph (2), the Secretary of State or the Board may suspend payment of a relevant benefit, in whole or in part, in the circumstances prescribed in paragraph (3).

(2) The Secretary of State shall suspend payment of a jobseeker’s allowance in the circumstances prescribed in paragraph (3)(a)(i) or (ii) where the issue or one of the issues is whether a person, who has claimed a jobseeker’s allowance, is or was available for employment or whether he is or was actively seeking employment.

(3) The prescribed circumstances are that—

(a) it appears to the Secretary of State or the Board that—

(i) an issue arises whether the conditions for entitlement to a relevant benefit are or were fulfilled;

(ii) an issue arises whether a decision as to an award of a relevant benefit should be revised under section 9 or superseded under section 10;

(iii) an issue arises whether any amount paid or payable to a person by way of, or in connection with a claim for, a relevant benefit is recoverable under section 71 (overpayments), 71A (recovery of jobseeker’s allowance: severe hardship cases ) or 74 (income support and other payments) of the Administration Act or regulations made under any of those sections; or

(iv) the last address notified to him or them of a person who is in receipt of a relevant benefit is not the address at which that person is residing; or

(b) an appeal is pending against—

(i) a decision of the First-tier Tribunal, the Upper Tribunal or a court;

(ii) a decision given in a different case by the Upper Tribunal or a court, and it appears to the Secretary of State or the Board that, if the appeal were to be determined in a particular way, an issue would arise as to whether the award of a relevant benefit (whether the same benefit or not) in the case itself ought to be revised or superseded.

(4) For the purposes of section 21(3)(c) an appeal is pending where a decision of the First-tier Tribunal, the Upper Tribunal or a court has been made and the Secretary of State—

(a) is awaiting receipt of that decision or (in the case of a decision of the First-tier Tribunal) is considering whether to apply for a statement of the reasons for it, or has applied for such a statement and is awaiting receipt thereof; or

(b) has received that decision or (in the case of a decision of the First-tier Tribunal) the statement of the reasons for it, and is considering whether to apply for permission to appeal, or, where leave to appeal has been granted, is considering whether to appeal;

and the Secretary of State shall give written notice of his proposal to make a request for a statement of the reasons for a tribunal decision, to apply for permission to appeal, or to appeal, as soon as reasonably practicable.

Provision of information or evidence

17

(1) This regulation applies where the Secretary of State requires information or evidence for a determination whether a decision awarding a relevant benefit should be—

(a) revised under section 9; or

(b) superseded under section 10.

(2) For the purposes of paragraph (1), the following persons must satisfy the requirements of paragraph (4)—

(a) a person in respect of whom payment of a benefit has been suspended in the circumstances prescribed in regulation 16(3)(a);

(b) a person who has made an application for a decision of the Secretary of State to be revised or superseded;

(c) a person from whom the Secretary of State requires information or evidence under regulation 32(1) of the Claims and Payments Regulations;

(ca) a person from whom the Secretary of State requires documents, certificates or other evidence under regulation 24(5) or (5A) of the Jobseeker’s Allowance Regulations;

(d) a person who qualifies for income support by virtue of paragraph 7 of Schedule 1B to the Income Support Regulations ;

(e) a person whose entitlement to benefit is conditional upon his being, or being treated as, incapable of work.

(f) a person whose entitlement to an employment and support allowance is conditional on his having, or being treated as having, limited capability for work.

(3) The Secretary of State shall notify any person to whom paragraph (2) refers of the requirements of this regulation.

(4) A person to whom paragraph (2) refers must either—

(a) supply the information or evidence within—

(i) a period of 14 days beginning with the date on which the notification under paragraph (3) was sent to him or such longer period as the Secretary of State allows in that notification; or

(ii) such longer period as he satisfies the Secretary of State is necessary in order to enable him to comply with the requirement; or

(b) satisfy the Secretary of State within the period applicable under sub-paragraph (a)(i) that either—

(i) the information or evidence required of him does not exist; or

(ii) that it is not possible for him to obtain it.

(4A) In relation to a person to whom paragraph (2)(ca) refers, paragraph (4)(a)(i) has effect as if for “14 days” there were substituted “7 days”.

(5) The Secretary of State may suspend the payment of a relevant benefit, in whole or in part, to any person to whom paragraph (2)(b) to (f) applies who fails to satisfy the requirements of paragraph (4).

(6) In this regulation, “evidence” includes evidence which a person is required to provide in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 .

Termination in cases of failure to furnish information or evidence

18

(1) Subject to paragraphs (2), (3) and (4), the Secretary of State shall decide that where a person—

(a) whose benefit has been suspended in accordance with regulation 16 and who subsequently fails to comply with an information requirement made in pursuance of regulation 17; or

(b) whose benefit has been suspended in accordance with regulation 17(5),

that person shall cease to be entitled to that benefit from the date on which payment was suspended except where entitlement to benefit ceases on an earlier date other than under this regulation.

(2) Paragraph (1)(a) shall not apply where not more than one month has elapsed since the information requirement was made in pursuance of regulation 17.

(3) Paragraph (1)(b) shall not apply where not more than one month has elapsed since the first payment was suspended in accordance with regulation 17.

(4) Paragraph (1) shall not apply where benefit has been suspended in part under regulation 16 or, as the case may be, regulation 17.

Suspension and termination for failure to submit to medical examination

19

(1) Except where regulation 8 of the Social Security (Incapacity for Work) (General) Regulations 1995 ... (where a question arises as to whether a person is capable of work) or regulation 23 of the Employment and Support Allowance Regulations (where a question arises whether a person has limited capability for work) applies, the Secretary of State or the Board may require a person to submit to a medical examination by a health care professional approved by the Secretary of State where that person is in receipt of a relevant benefit, and either—

(a) the Secretary of State considers or the Board consider it necessary to satisfy himself or themselves as to the correctness of the award of the benefit, or of the rate at which it was awarded; or

(b) that person applies for a revision or supersession of the award and the Secretary of State considers or the Board consider that the examination is necessary for the purpose of making his or their decision.

(2) The Secretary of State or the Board may suspend payment of a relevant benefit in whole or in part, to a person who fails, without good cause, on two consecutive occasions to submit to a medical examination in accordance with requirements under paragraph (1) except where entitlement to benefit is suspended on an earlier date other than under this regulation.

(3) Subject to paragraph (4), the Secretary of State or the Board may determine that the entitlement to a relevant benefit of a person, in respect of whom payment of such a benefit has been suspended under paragraph (2), shall cease from a date not earlier than the date on which payment was suspended except where entitlement to benefit ceases on an earlier date other than under this regulation.

(4) Paragraph (3) shall not apply where not more than one month has elapsed since the first payment was suspended under paragraph (2).

Making of payments which have been suspended

20

(1) Subject to paragraphs (2) and (3), payment of a benefit suspended in accordance with regulation 16 or 17 shall be made where—

(a) in a case to which regulation 16(2) or (3)(a)(i) to (iii) applies, the Secretary of State is satisfied or the Board are satisfied that the benefit suspended is properly payable and no outstanding issues remain to be resolved;

(b) in a case to which regulation 16(3)(a)(iv) applies, the Secretary of State is satisfied or the Board are satisfied that he has or they have been notified of the address at which the person is residing;

(d) in a case to which regulation 17(5) applies, the Secretary of State is satisfied that the benefit suspended is properly payable and the requirements of regulation 17(4) have been satisfied. in a case to which regulation 18(1) applies, the Board are satisfied that the benefit suspended is properly payable and the requirements of regulation 17(2), (4), (5) or (7) have been satisfied.

(2) Where regulation 16(3)(b)(i) applies, payment of a benefit suspended shall be made if the Secretary of State—

(a) does not, in the case of a decision of the First-tier Tribunal, apply for a statement of the reasons for that decision within the period specified under Tribunal Procedure Rules;

(b) does not, in the case of a decision of the First-tier Tribunal, the Upper Tribunal or a court, make an application for permission to appeal and (where permission to appeal is granted) make the appeal within the time prescribed for the making of such applications and appeals;

(d) is refused permission to appeal, in circumstances where it is not open to him to renew the application for permission or to make a further application for permission to appeal.

(3) Where regulation 16(3)(b)(ii) applies, payment of a benefit suspended shall be made if the Secretary of State, in relation to the decision of the Upper Tribunal or the court in a different case—

(a) does not make an application for permission to appeal and (where permission to appeal is granted) make the appeal within the time prescribed for the making of such applications and appeals;

(b) withdraws an application for permission to appeal or the appeal; or

(c) is refused permission to appeal, in circumstances where it is not open to him to renew the application for permission or to make a further application for permission to appeal.

(4) Payment of benefit which has been suspended in accordance with regulation 19 for failure to submit to a medical examination shall be made where the Secretary of State is satisfied or the Board are satisfied that it is no longer necessary for the person referred to in that regulation to submit to a medical examination.

CHAPTER II — OTHER MATTERS

Decisions involving issues that arise on appeal in other cases

21

(1) For the purposes of section 25(3)(b) (prescribed cases and circumstances in which a decision may be made on a prescribed basis) a case which satisfies the condition in paragraph (2) is a prescribed case.

(2) The condition is that the claimant would be entitled to the benefit to which the decision which falls to be made relates, even if the appeal in the other case referred to in section 25(1)(b) were decided in a way which is the most unfavourable to him.

(3) For the purposes of section 25(3)(b), the prescribed basis on which the Secretary of State or the Board may make the decision is as if—

(a) the appeal in the other case which is referred to in section 25(1)(b) had already been determined; and

(b) that appeal had been decided in a way which is the most unfavourable to the claimant.

(4) The circumstance prescribed under section 25(5)(c), where an appeal is pending against a decision for the purposes of that section, even though an appeal against the decision has not been brought (or, as the case may be, an application for permission to appeal against the decision has not been made) but the time for doing so has not yet expired, is where the Secretary of State or the Board—

(a) certifies in writing that he is , or certify in writing that they are, considering appealing against that decision; and

(b) considers , or consider, that, if such an appeal were to be determined in a particular way—

(i) there would be no entitlement to benefit in a case to which section 25(1)(a) refers; or

(ii) the appeal would affect the decision in that case in some other way.

Appeals involving issues that arise in other cases

22

The circumstance prescribed under section 26(6)(c), where an appeal is pending against a decision in the case described in section 26(1)(b) even though an appeal against the decision has not been brought (or, as the case may be, an application for permission to appeal against the decision has not been made) but the time for doing so has not yet expired, is where the Secretary of State or the Board—

(a) certifies in writing that he is , or certify in writing that they are, considering appealing against that decision; and

(b) considers , or consider, that, if such an appeal were already determined, it would affect the determination of the appeal described in section 26(1)(a).

Child support decisions involving issues that arise on appeal in other cases

23

(1) For the purposes of section 28ZA(2)(b) of the Child Support Act (prescribed cases and circumstances in which a decision may be made on a prescribed basis), a case which satisfies either of the conditions in paragraph (2) is a prescribed case.

(2) The conditions referred to in paragraph (1) are that—

(a) if a decision were not made on the basis prescribed in paragraph (3), the parent with care would become entitled to income support if a claim were made, or to an increased amount of that benefit;

(b) the non-resident parent is an employed earner or a self-employed earner.

(3) For the purposes of section 28ZA(2)(b) of the Child Support Act, the prescribed basis on which the Secretary of State may make the decision is as if—

(a) the appeal in relation to the different maintenance calculation, which is referred to in section 28ZA(1)(b) of that Act had already been determined; and

(b) that appeal had been decided in a way that was the most unfavourable to the applicant for the decision mentioned in section 28ZA(1)(a) of that Act.

(4) The circumstances prescribed under section 28ZA(4)(c) of the Child Support Act (where an appeal is pending against a decision for the purposes of that section, even though an appeal against the decision has not been brought or, as the case may be, an application for permission to appeal against the decision has not been made but the time for doing so has not expired), are that the Secretary of State—

(a) certifies in writing that the Secretary of State is considering appealing against that decision; and

(b) the Secretary of State considers that, if such an appeal were to be determined in a particular way—

(i) there would be no liability for child support maintenance, or

(ii) such liability would be less than would be the case were an appeal not made.

(5) In this regulation—

“non-resident parent” and “parent with care” have the same meaning as in section 54 of the Child Support Act;

“employed earner” and “self-employed earner” have the same meaning as in section 2(1) of the Contributions and Benefits Act.

Child support appeals involving issues that arise in other cases

24

The circumstances prescribed under section 28ZB(6)(c) of the Child Support Act , where an appeal is pending against a decision in the case described in section 28ZB(1)(b) even though an appeal against the decision has not been brought (or, as the case may be, an application for permission to appeal against the decision has not been made), is where the Secretary of State —

(a) certifies in writing that the Secretary of State is considering appealing against that decision, and

(b) considers that, if such an appeal were already determined, it would affect the determination of the appeal described in section 28ZB(1)(a).

PART IV — RIGHTS OF APPEAL AND PROCEDURE FOR BRINGING APPEALS

CHAPTER I — GENERAL

GENERAL APPEALS MATTERS NOT INCLUDING CHILD SUPPORT APPEALS

Other persons with a right of appeal

25

For the purposes of section 12(2), but subject to regulation 3ZA, the following other persons have a right to appeal to the First-tier Tribunal—

(ai) any person who has been appointed by the Secretary of State or the Board under regulation 30(1) of the Claims and Payments Regulations (payments on death) to proceed with the claim of a person who has made a claim for benefit and subsequently died;

(aii) any person who is appointed by the Secretary of State to claim benefit on behalf of a deceased person and who claims the benefit under regulation 30(5) and (6) of the Claims and Payments Regulations;

(aiii) any person who is appointed by the Secretary of State to make a claim for reduced earnings allowance or disablement benefit in the name of a person who has died and who claims under regulation 30(6A) and (6B) of the Claims and Payments Regulations;

(a) any person appointed by the Secretary of State or the Board under regulation 33(1) of the Claims and Payments Regulations (persons unable to act) to act on behalf of another;

(b) any person claiming attendance allowance or disability living allowance on behalf of another under section 66(2)(b) of the Contriburions and Benefits Act or, as the case may be, section 76(3) of that Act (claims on behalf of terminally ill persons);

(c) in relation to a pension scheme, any person who, for the purposes of Part X of the Pension Schemes Act 1993 , is an employer, member, trustee or manager by virtue of section 146(8) of that Act.

Decisions against which an appeal lies

26

Subject to regulation 3ZA, an appeal shall lie to the First-tier Tribunal against a decision made by the Secretary of State or an officer of the Board—

(a) as to whether a person is entitled to a relevant benefit for which no claim is required by virtue of regulation 3 of the Claims and Payments Regulations ; or

(b) as to whether a payment be made out of the social fund to a person to meet expenses for heating by virtue of regulations made under section 138(2) of the Contributions and Benefits Act (payments out of the social fund); or

(c) under Schedule 6 to the Contributions and Benefits Act (assessment of extent of disablement) in relation to sections 103 (disablement benefit) and 108 (prescribed diseases) of that Act for the purposes of industrial injuries benefit under Part V of that Act;or

(d) under section 59 of, and Schedule 7 to, the Welfare Reform and Pensions Act 1999 (couples to make joint-claim for jobseeker’s allowance) where one member of the couple is working and the Secretary of State has decided that both members of the couple are not engaged in remunerative work; or

(e) under, or by virtue of regulations made under, section 23A (contributions credits for relevant parents and carers) of the Contributions and Benefits Act.

Decisions against which no appeal lies

27

(1) No appeal lies to the First-tier Tribunal against a decision set out in Schedule 2.

(2) In paragraph (1) and Schedule 2, “decision” includes determinations embodied in or necessary to a decision.

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

Notice of decision against which appeal lies

28

(1) A person with a right of appeal under the Act or these Regulations against any decision of the Secretary of State or the Board or an officer of the Board shall—

(a) be given written notice of the decision against which the appeal lies;

(b) be informed that, in a case where that written notice does not include a statement of the reasons for that decision, he may, within one month of the date of notification of that decision, request that the Secretary of State or the Board or an officer of the Board provide him with a written statement of the reasons for that decision; and

(2) Where a written statement of the reasons for the decision is not included in the written notice of the decision and is requested under paragraph (1)(b), the Secretary of State or the Board or an officer of the Board shall provide that statement within 14 days of receipt of the request or as soon as practicable afterwards.

Further particulars required relating to certificate of recoverable benefits appeals or applications

29

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where it appears to the Secretary of State that a notice of appeal in respect of an appeal under the 1997 Act relating to a certificate of recoverable benefits or, as the case may be, recoverable lump sum payments does not contain the particulars required, the Secretary of State may direct the appellant to provide such particulars.

(4) Where paragraph (3) applies, the time specified for making the appeal ... may be extended by such period, not exceeding 14 days from the date of the Secretary of State’s direction under paragraph (3), as the Secretary of State may determine.

(5) Where further particulars ... are required under paragraph (3) they shall be sent to or delivered to the Compensation Recovery Unit of the Department for Work and Pensions at Durham House, Washington, Tyne and Wear, NE38 7SF within such period as the Secretary of State may direct.

(6) The Secretary of State may treat any—

(a) purported appeal (where, as the result of regulation 9ZB(2) (consideration of review before appeal), there is no right of appeal);

(b) appeal relating to the certificate of recoverable benefits; or

as an application for review under section 10 of the 1997 Act.

GENERAL APPEALS MATTERS INCLUDING CHILD SUPPORT APPEALS

Appeal against a decision which has been replaced or revised

30

(1) An appeal against a decision of the Secretary of State ... or the Board or an officer of the Board shall not lapse where the decision is treated as replaced by a decision under section 11 of the Child Support Act by section 28F(5) of that Act, or is revised under section 16 of that Act or section 9 before the appeal is determined and the decision as replaced or revised is not more advantageous to the appellant than the decision before it was replaced or revised.

An appeal against a decision of the Secretary of State or the Board or an officer of the Board shall not lapse where—

(a) the decision is revised under section 9 before the appeal is determined; and

(b) the decision as revised is not more advantageous to the appellant than the decision before it was revised.

(2) Decisions which are more advantageous for the purposes of this regulation include decisions where—

(a) any relevant benefit paid to the appellant is greater or is awarded for a longer period in consequence of the decision made under section 9;

(b) it would have resulted in the amount of relevant benefit in payment being greater but for the operation of any provision of the Administration Act or the Contributions and Benefits Act restricting or suspending the payment of, or disqualifying a claimant from receiving, some or all of the benefit;

(c) as a result of the decision, a denial or disqualification for the receiving of any relevant benefit, is lifted, wholly or in part;

(d) it reverses a decision to pay benefit to a third party;

(dd) it reverses a decision under section 29(2) that an accident is not an industrial accident;

(e) in consequence of the revised decision, benefit paid is not recoverable under section 71, 71A or 74 of the Administration Act or regulations made under any of those sections, or the amount so recoverable is reduced; or

(f) a financial gain accrued or will accrue to the appellant in consequence of the decision.

(3) Where a decision as replaced under section 28F(5) of the Child Support Act or revised under section 16 of that Act or under section 9 is not more advantageous to the appellant than the decision before it was replaced or revised, the appeal shall be treated as though it had been brought against the decision as replaced or revised.

Where a decision as revised under section 9 is not more advantageous to the appellant than the decision before it was revised, the appeal shall be treated as though it had been brought against the decision as revised.

(4) The appellant shall have a period of one month from the date of notification of the decision as replaced or revised to make further representations as to the appeal.

(5) After the expiration of the period specified in paragraph (4), or within that period if the appellant consents in writing, the appeal to the First-tier Tribunal shall proceed except where, in the light of the further representations from the appellant, the Secretary of State ... or the Board or an officer of the Board further revises his, or revise their, decision and that decision is more advantageous to the appellant than the decision before it was replaced or revised.

Time within which an appeal is to be brought

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Late appeals

32

(1) Where a dispute arises as to whether an appeal was brought within the time specified under Tribunal Procedure Rules the dispute shall be referred to, and determined by, the First-tier Tribunal.

(2) The Secretary of State ... or the Board, as the case may be, may treat a late appeal as made in time in accordance with Tribunal Procedure Rules if the conditions in paragraphs (4) to (8) are satisfied.

(4) An appeal may be treated as made in time if the Secretary of State... or the Board, as the case may be, is satisfied that it is in the interests of justice.

(5) For the purposes of paragraph (4) it is not in the interests of justice to treat the appeal as made in time unless, the Secretary of State or the Board, as the case may be, is satisfied that—

(a) the special circumstances specified in paragraph (6) are relevant ...; or

(b) some other special circumstances exist which are wholly exceptional and relevant ...,

and as a result of those special circumstances, it was not practicable for the appeal to be made within the time limit specified in Tribunal Procedure Rules.

(6) For the purposes of paragraph (5)(a), the special circumstances are that—

(a) the appellant or a partner or dependant of the appellant has died or suffered serious illness;

(b) the appellant is not resident in the United Kingdom; or

(7) In determining whether it is in the interests of justice to treat the appeal as made in time, regard shall be had to the principle that the greater the amount of time that has elapsed between the expiration of the time limit under Tribunal Procedure Rules and the submission of the notice of appeal, the more compelling should be the special circumstances.

(8) In determining whether it is in the interests of justice to treat the appeal as made in time, no account shall be taken of the following—

(a) that the applicant or any person acting for him was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by Tribunal Procedure Rules); or

(b) that the Upper Tribunal or a court has taken a different view of the law from that previously understood and applied.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Making of appeals and applications

33

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A notice of appeal made in accordance with Tribunal Procedure Rules and on a form approved by the Secretary of State ... or the Board, as the case may be, or in such other format as the Secretary of State ... or the Board, as the case may be, accepts, is to be sent or delivered to the following appropriate office —

(a) in the case of an appeal under the 1997 Act against a certificate of recoverable benefits or, as the case maybe, recoverable lump sum payments, the Compensation Recovery Unit of the Department for Work and Pensions at Durham House, Washington, Tyne and Wear, NE38 7SF;

(b) in the case of an appeal against a decision relating to a jobseeker’s allowance, an office of the Department for Work and Pensions the address of which was indicated on the notification of the decision which is subject to appeal;

(c) in the case of a contributions decision which falls within Part II of Schedule 3 to the Act, any National Insurance Contributions office of the Board, or any office of the Department for Work and Pensions;

(cc) in the case of a decision made under the Pension Schemes Act 1993 by virtue of section 170(2) of that Act, any National Insurance Contributions office of the Board;

(d) in the case of an appeal under section 20 of the Child Support Act ..., an office of the Child Support Agency; and

(dd) in the case of an appeal against a decision relating to working families' tax credit or disabled person’s tax credit, a Tax Credits Office of the Board, and.

(ddd) in a case where the decision appealed against was a decision arising from a claim to a designated office, an office of a designated authority;

(e) in any other case, an office of the Department for Work and Pensions the address of which was indicated on the notification of the decision which is subject to appeal.

(3) Except where paragraph (4) applies, where a form does not contain the information required under Tribunal Procedure Rules the form may be returned by the Secretary of State ... or the Board to the sender for completion in accordance with the Tribunal Procedure Rules.

(4) Where the Secretary of State is satisfied or the Board are satisfied that the form, although not completed in accordance with the instructions on it, includes sufficient information to enable the appeal ... to proceed, heor they may treat the form as satisfying the requirements of Tribunal Procedure Rules .

(5) Where a notice of appeal is made in writing otherwise than on the approved form (“the letter”), and the letter includes sufficient information to enable the appeal ... to proceed, the Secretary of State or the Board may treat the letter as satisfying the requirements of Tribunal Procedure Rules .

(6) Where the letter does not include sufficient information to enable the appeal ... to proceed, the Secretary of State or the Board may request further information in writing (“further particulars”) from the person who wrote the letter.

(7) Where a person to whom a form is returned, or from whom further particulars are requested, duly completes and returns the form or sends the further particulars, if the form or particulars, as the case may be, are received by the Secretary of State or the Board within—

(a) 14 days of the date on which the form was returned to him by the Secretary of State or the Board, the time for making the appeal shall be extended by 14 days from the date on which the form was returned;

(b) 14 days of the date on which the Secretary of State’s or the Board’s request was made, the time for making the appeal shall be extended by 14 days from the date of the request; or

(c) such longer period as the Secretary of State or the Board may direct, the time for making the appeal shall be extended by a period equal to that longer period directed by the Secretary of State or the Board.

(8) Where a person to whom a form is returned or from whom further particulars are requested does not complete and return the form or send further particulars within the period of time specified in paragraph (7)—

(a) the Secretary of State or the Board shall forward a copy of the form, or as the case may be, the letter, together with any other relevant documents or evidence to the First-tier Tribunal, and

(b) the First-tier Tribunal shall determine whether the form or the letter satisfies the requirement of Tribunal Procedure Rules.

(9) Where—

(a) a form is duly completed and returned or further particulars are sent after the expiry of the period of time allowed in accordance with paragraph (7), and

(b) no decision has been made under paragraph (8) at the time the form or the further particulars are received by the Secretary of State or the Board,

that form or further particulars shall also be forwarded to the First-tier Tribunal which shall take into account any further information or evidence set out in the form or further particulars.

(10) The Secretary of State or the Board may discontinue action on an appeal where the notice of appeal has not been forwarded to the First-tier Tribunal and the appellant or an authorised representative of the appellant has given written notice that he does not wish the appeal to continue.

Death of a party to an appeal

34

(1) In any proceedings, on the death of a party to those proceedings (other than the Secretary of State or the Board), the Secretary of State or the Board may appoint such person as he thinks or they think fit to proceed with the appeal in the place of such deceased party.

(2) A grant of probate, confirmation or letters of administration to the estate of the deceased party, whenever taken out, shall have no effect on an appointment made under paragraph (1).

(3) Where a person appointed under paragraph (1) has, prior to the date of such appointment, taken any action in relation to the appeal on behalf of the deceased party, the effective date of appointment by the Secretary of State or the Board shall be the day immediately prior to the first day on which such action was taken.

CHAPTER I — THE PANEL AND APPEAL TRIBUNALS

Persons appointed to the panel

35

For the purposes of section 6(3), the panel shall include persons with the qualifications specified in Schedule 3.

Composition of appeal tribunals

36

(1) Subject to the following provisions of this regulation, an appeal tribunal ... shall consist of a legally qualified panel member.

(2) Subject to paragraphs (3) to (5) and (8), an appeal tribunal shall consist of a legally qualified panel member and—

(a) a medically qualified panel member where—

(i) the issue, or one of the issues, raised on the appeal is whether the personal capability assessment is satisfied; or

(ii) the appeal is made under section 11(1)(b) of the 1997 Act; or

(iii) the appeal is made under section 157(1) of the Health and Social Care (Community Health and Standards) Act 2003; or

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

(5) Where the composition of an appeal tribunal is prescribed under paragraph (1), (2)(a) or (3), the President may determine that the appeal tribunal shall include such an additional member drawn from the panel constituted under section 6 as he considers appropriate for the purposes of providing further experience for that additional member or for assisting the President in the monitoring of standards of decision making by panel members.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) A person shall not act as a medically qualified panel member of an appeal tribunal in any appeal if he has at any time advised or prepared a report upon any person whose medical condition is relevant to the issue in the appeal, or has at any time regularly attended such a person.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assignment of clerks to appeal tribunals: function of clerks

37

The Secretary of State shall assign a clerk to service each appeal tribunal and the clerk so assigned shall be responsible for summoning members of the panel constituted under section 6 to serve on the tribunal.

CHAPTER II — PROCEDURE IN CONNECTION WITH DETERMINATION OF APPEALS AND REFERRALS

Consideration and determination of appeals and referrals

38

(1) The procedure in connection with the consideration and determination of an appeal or a referral shall, subject to the following provisions of these Regulations, be such as a legally qualified panel member shall determine.

(2) A legally qualified panel member may give directions requiring a party to the proceedings to comply with any provision of these Regulations and may at any stage of the proceedings, either of his own motion or on a written application made to the clerk to the appeal tribunal by any party to the proceedings, give such directions as he may consider necessary or desirable for the just, effective and efficient conduct of the proceedings and may direct any party to the proceedings to provide such particulars or to produce such documents as may be reasonably required.

(3) Where a clerk to the appeal tribunal is authorised to take steps in relation to the procedure of the tribunal he may give directions requiring any party to the proceedings to comply with any provision of these Regulations.

Directions concerning oral hearings

39

(1) Where an appeal or a referral is made to an appeal tribunal the appellant and any other party to the proceedings shall notify the clerk to the appeal tribunal, on a form approved by the Secretary of State, whether he wishes to have an oral hearing of the appeal or whether he is content for the appeal or referral to proceed without an oral hearing.

(2) Except in the case of a referral, the form shall include a statement informing the appellant that, if he does not notify the clerk to the appeal tribunal as required by paragraph (1) within the period specified in paragraph (3), the appeal may be struck out in accordance with regulation 46(1).

(3) Notification in accordance with paragraph (1)—

(a) if given by the appellant or a party to the proceedings other than the Secretary of State, must be sent or given to the clerk to the appeal tribunal within 14 days of the date on which the form is issued to him; or

(b) if given by the Secretary of State, must be sent or given to the clerk—

(i) in the case of an appeal, within 14 days of the date on which the form is issued to the appellant; or

(ii) in the case of a referral, on the date of referral,

or within such longer period as the clerk may direct.

(4) Where an oral hearing is requested in accordance with paragraphs (1) and (3) the appeal tribunal shall hold an oral hearing unless the appeal is struck out under regulation 46(1).

(5) The chairman, or in the case of an appeal tribunal which has only one member, that member, may of his own motion direct that an oral hearing of the appeal or referral be held if he is satisfied that such a hearing is necessary to enable the appeal tribunal to reach a decision.

Withdrawal of appeal or referral

40

(1) An appeal may be withdrawn by the appellant or an authorised representative of the appellant and a referral may be withdrawn by the Secretary of Statethe Board or an officer of the Board,, as the case may be, either—

(a) at an oral hearing; or

(b) at any other time before the appeal or referral is determined, by giving notice in writing of withdrawal to the clerk to the appeal tribunal.

(2) If an appeal or a referral is withdrawn (as the case may be) in accordance with paragraph (1)(a), the clerk to the appeal tribunal shall send a notice in writing to any party to the proceedings who is not present when the appeal or referral is withdrawn, informing him that the appeal or referral (as the case may be) has been withdrawn.

(3) If an appeal or a referral is withdrawn (as the case may be) in accordance with paragraph (1)(b), the clerk to the appeal tribunal shall send a notice in writing to every party to the proceedings informing them that the appeal or referral (as the case may be) has been withdrawn.

Medical examination required by appeal tribunal

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-disclosure of medical advice or evidence

42

(1) Where, in connection with the consideration and determination of an appeal or referral there is before an appeal tribunal medical advice or medical evidence relating to a person which has not been disclosed to him and in the opinion of the chairman, or in the case of an appeal tribunal which has only one member, in the opinion of that member, the disclosure to that person of that advice or evidence would be harmful to his health, such advice or evidence shall not be required to be disclosed to that person.

(2) Advice or evidence such as is mentioned in paragraph (1) shall not be disclosed to any person acting for or representing the person to whom it relates or, in a case where a claim for benefit is made by reference to the disability of a person other than the claimant and the advice or evidence relates to that other person, shall not be disclosed to the claimant or any person acting for or representing him, unless the chairman, or in the case of an appeal tribunal which has only one member, that member, is satisfied that it is in the interests of the person to whom the advice or evidence relates to do so.

(3) A tribunal shall not be precluded from taking into account for the purposes of the determination advice or evidence which has not been disclosed to a person under the provisions of paragraph (1) or (2).

Summoning of witnesses and administration of oaths

43

(1) A chairman, or in the case of an appeal tribunal which has only one member, that member, may by summons, or in Scotland, by citation, require any person in Great Britain to attend as a witness at a hearing of an appeal, application or referral at such time and place as shall be specified in the summons or citation and, subject to paragraph (2), at the hearing to answer any question or produce any documents in his custody or under his control which relate to any matter in question in the appeal, application or referral but—

(a) no person shall be required to attend in obedience to such summons or citation unless he has been given at least 14 days’ notice of the hearing or, if less than 14 days’ notice is given, he has informed the tribunal that the notice given is sufficient; and

(b) no person shall be required to attend and give evidence or to produce any document in obedience to such summons or citation unless the necessary expenses of attendance are paid or tendered to him.

(2) No person shall be compelled to give any evidence or produce any document or other material that he could not be compelled to give or produce on a trial of an action in a court of law in that part of Great Britain where the hearing takes place.

(3) In exercising the powers conferred by this regulation, the chairman, or in the case of an appeal tribunal which has only one member, that member, shall take into account the need to protect any matter that relates to intimate personal or financial circumstances, is commercially sensitive, consists of information communicated or obtained in confidence or concerns national security.

(4) Every summons or citation issued under this regulation shall contain a statement to the effect that the person in question may apply in writing to a chairman to vary or set aside the summons or citation.

(5) A chairman, or in the case of an appeal tribunal which has only one member, that member, may require any witness, including a witness summoned under the powers conferred by this regulation, to give evidence on oath or affirmation and for that purpose there may be administered an oath or affirmation in due form.

Confidentiality in child support appeals or referrals

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consideration of more than one appeal under section 20 of the Child Support Act

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER III — STRIKING OUT APPEALS

Appeals which may be struck out

46

(1) Subject to paragraphs (2) and (3), an appeal may be struck out by the clerk to the appeal tribunal—

(a) where it is an out of jurisdiction appeal and the appellant has been notified by the Secretary of State that an appeal brought against such a decision may be struck out;

(b) for want of prosecution including an appeal not made within the time specified in these Regulations; ...

(c) ... for failure of the appellant to comply with a direction given under these Regulations where the appellant has been notified that failure to comply with the direction could result in the appeal being struck out ; or

(d) for failure of the appellant to notify the clerk to the appeal tribunal, in accordance with regulation 39, whether or not he wishes to have an oral hearing of his appeal.

(2) Where the clerk to the appeal tribunal determines to strike out the appeal, he shall notify the appellant that his appeal has been struck out and of the procedure for reinstatement of the appeal as specified in regulation 47.

(3) The clerk to the appeal tribunal may refer any matter for determination under this regulation to a legally qualified panel member for decision by the panel member rather than the clerk to the appeal tribunal.

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

Reinstatement of struck out appeals

47

(1) The clerk to the appeal tribunal may reinstate an appeal which has been struck out in accordance with regulation 46(1)(d) where—

(a) the appellant has made representations to him or, as the case may be, further representations in support of his appeal with reasons why he considers that his appeal should not have been struck out;

(b) the representations are made in writing within one month of the order to strike out the appeal being issued; and

(c) the clerk is satisfied in the light of those representations that there are reasonable grounds for reinstating the appeal

but if the clerk is not satisfied that there are reasonable grounds for reinstatement a legally qualified panel member shall consider whether the appeal should be reinstated in accordance with paragraph (2).

(2) A legally qualified panel member may reinstate an appeal which has been struck out in accordance with regulation 46 ... where—

(a) the appellant has made representations, or as the case may be, further representations in support of his appeal with reasons why he considers that his appeal should not have been struck out, to the clerk to the appeal tribunal, in writing within one month of the order to strike out the appeal being issued, and the panel member is satisfied in the light of those representations that there are reasonable grounds for reinstating the appeal;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the panel member is satisfied that notwithstanding that the appeal is one which may be struck out under regulation 46, it is not in the interests of justice for the appeal to be struck out.

Misconceived appeals

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER IV — ORAL HEARINGS

Procedure at oral hearings

49

(1) Subject to the following provisions of this Part, the procedure for an oral hearing shall be such as the chairman, or in the case of an appeal tribunal which has only one member, such as that member, shall determine.

(2) Except where paragraph (3) applies, not less than 14 days notice (beginning with the day on which the notice is given and ending on the day before the hearing of the appeal is to take place) of the time and place of any oral hearing of an appeal shall be given to every party to the proceedings, and if such notice has not been given to a person to whom it should have been given under the provisions of this paragraph the hearing may proceed only with the consent of that person.

(3) Any party to the proceedings may waive his right to receive not less than 14 days notice of the time and place of any oral hearing by giving notice to the clerk to the appeal tribunal.

(4) If a party to the proceedings to whom notice has been given under paragraph (2) fails to appear at the hearing the chairman, or in the case of an appeal tribunal which has only one member, that member, may, having regard to all the circumstances including any explanation offered for the absence, proceed with the hearing notwithstanding his absence, or give such directions with a view to the determination of the appeal as he may think proper.

(5) If a party to the proceedings has waived his right to be given notice under paragraph (2) the chairman, or in the case of an appeal tribunal which has only one member, that member, may proceed with the hearing notwithstanding his absence.

(6) An oral hearing shall be in public except where the chairman, or in the case of an appeal tribunal which has only one member, that member, is satisfied that it is necessary to hold the hearing, or part of the hearing, in private—

(a) in the interests of national security, morals, public order or children;

(b) for the protection of the private or family life of one or more parties to the proceedings; or

(7) At an oral hearing—

(a) any party to the proceedings shall be entitled to be present and be heard; and

(b) the following persons may be present by means of a live television link—

(i) a party to the proceedings or his representative or both; or

(ii) where an appeal tribunal consists of more than one member, a tribunal member other than the chairman,

provided that the person who constitutes or is the chairman of the tribunal gives permission ... .

(8) A person who has the right to be heard at a hearing may be accompanied and may be represented by another person whether having professional qualifications or not and, for the purposes of the proceedings at the hearing, any such representative shall have all the rights and powers to which the person whom he represents is entitled.

(9) The following persons shall also be entitled to be present at an oral hearing (whether or not it is otherwise in private) but shall take no part in the proceedings—

(a) the President;

(b) any person undergoing training as a chairman or ... member of an appeal tribunal or as a clerk to an appeal tribunal;

(c) any person acting on behalf of the President in the training or supervision of panel members or in the monitoring of standards of decision-making by panel members;

(d) with the leave of the chairman, or in the case of an appeal tribunal which has only one member, with the leave of that member, ... any other person; and

(e) a member of the Council on Tribunals or of the Scottish Committee of the Council on Tribunals.

(10) Nothing in paragraph (9) affects the rights of—

(a) any person mentioned in sub-paragraphs (a) and (b) of that paragraph where he is sitting as a member of a tribunal or acting as its clerk; or

(b) the clerk to the tribunal,

and nothing in this regulation prevents the presence at an oral hearing of any witness or of any person whom the chairman, or in the case of an appeal tribunal which has only one member, that member, permits to be present in order to assist the appeal tribunal or the clerk.

(11) Any person entitled to be heard at an oral hearing may address the tribunal, may give evidence, may call witnesses and may put questions directly to any other person called as a witness.

(12) For the purpose of arriving at its decision an appeal tribunal shall, and for the purpose of discussing any question of procedure may, notwithstanding anything contained in these Regulations, order all persons not being members of the tribunal, other than the person acting as clerk to the appeal tribunal, to withdraw from the hearing except that—

(a) a member of the Council on Tribunals or of the Scottish Committee of the Council on Tribunals, the President or any person mentioned in paragraph (9)(c); and

(b) with the leave of the chairman, or in the case of an appeal tribunal which has only one member, with the leave of that member, any person mentioned in paragraph (9)(b) or (d),

may remain present at any such sitting.

(13) In this regulation “live television link” means a live television link or other facilities which allow a person who is not physically present at an oral hearing to see and hear proceedings and be seen and heard by those physically present.

Manner of providing expert assistance

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Postponement and adjournment

51

(1) Where a person to whom notice of an oral hearing is given wishes to request a postponement of that hearing he shall do so in writing to the clerk to the appeal tribunal stating his reasons for the request, and the clerk to the appeal tribunal may grant or refuse the request as he thinks fit or may pass the request to a legally qualified panel member who may grant or refuse the request as he thinks fit.

(2) Where the clerk to the appeal tribunal or the panel member, as the case may be, refuses a request to postpone the hearing he shall—

(a) notify in writing the person making the request of the refusal; and

(b) place before the appeal tribunal at the hearing both the request for the postponement and notification of its refusal.

(3) A panel member or the clerk to the appeal tribunal may of his own motion at any time before the beginning of the hearing postpone the hearing.

(4) An oral hearing may be adjourned by the appeal tribunal at any time on the application of any party to the proceedings or of its own motion.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Physical examinations at oral hearings

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

APPEAL TRIBUNAL DECISIONS

Decisions of appeal tribunals

53

(1) Every decision of an appeal tribunal shall be recorded in summary by the chairman, or in the case of an appeal tribunal which has only one member, by that member.

(2) The decision notice specified in paragraph (1) shall be in such written form as shall have been approved by the President and shall be signed by the chairman, or in the case of an appeal tribunal which has only one member, by that member.

(3) As soon as may be practicable after an appeal or referral has been decided by an appeal tribunal, a copy of the decision notice ... shall be sent or given to every party to the proceedings who shall also be informed of—

(a) his right under paragraph (4); and

(b) except in the case of an appeal under the Vaccine Damage Payments Act, the conditions governing appeals to a Commissioner.

(4) Subject to paragraph (4A), a party to the proceedings may apply in writing to the clerk to the appeal tribunal for a statement of the reasons for the tribunal’s decision within one month of the sending or giving of the decision notice to every party to the proceedings or within such longer period as may be allowed in accordance with regulation 54 and following that application the chairman, or in the case of a tribunal with only one member, that member shall record a statement of the reasons and a copy of that statement shall be given to every party to the proceedings as soon as may be practicable.

(4A) Where—

(a) the decision notice is corrected in accordance with regulation 56; or

(b) an application under regulation 57 for the decision to be set aside is refused for reasons other than a refusal to extend the time for making the application,

the period specified in paragraph (4) shall run from the date on which notice of the correction or the refusal of the application for setting aside is sent to the applicant.

(5) If the decision is not unanimous, the decision notice specified in paragraph (1) shall record that one of the members dissented and the statement of reasons referred to in paragraph (4) shall include the reasons given by the dissenting member for dissenting.

Late applications for a statement of reasons of tribunal decision

54

(1) The time for making an application for ... the statement of the reasons for a tribunal’s decision may be extended where the conditions specified in paragraphs (2) to (8) are satisfied, but , subject to regulation 53(4A) , no application shall in any event be brought more than three months after the date of the sending or giving of the notice of the decision of the appeal tribunal.

(2) An application for an extension of time under this regulation shall be made in writing and shall be determined by a legally qualified panel member.

(3) An application under this regulation shall contain particulars of the grounds on which the extension of time is sought, including details of any relevant special circumstances for the purposes of paragraph (4).

(4) The application for an extension of time shall not be granted unless the panel member is satisfied that it is in the interests of justice for the application to be granted.

(5) For the purposes of paragraph (4) it is not in the interests of justice to grant the application unless the panel member is satisfied that—

(a) the special circumstances specified in paragraph (6) are relevant to the application; or

(b) some other special circumstances are relevant to the application,

and as a result of those special circumstances it was not practicable for the application to be made within the time limit specified in regulation 53(4).

(6) For the purposes of paragraph (5)(a), the special circumstances are that—

(a) the applicant or a partner or dependant of the applicant has died or suffered serious illness;

(b) the applicant is not resident in the United Kingdom; or

(7) In determining whether it is in the interests of justice to grant the application, the panel member shall have regard to the principle that the greater the amount of time that has elapsed between the expiration of the time within which the application for a copy of the statement of reasons for a tribunal’s decision is to be made and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application is based.

(8) In determining whether it is in the interests of justice to grant the application, no account shall be taken of the following—

(a) that the person making the application or any person acting for him was unaware of, or misunderstood, the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or

(b) that a Commissioner or a court has taken a different view of the law from that previously understood and applied.

(9) An application under this regulation for an extension of time which has been refused may not be renewed.

(10) The panel member who determines the application shall record a summary of his determination in such written form as has been approved by the President.

(11) As soon as practicable after the determination is made notice of the decision shall be sent or given to every party to the proceedings.

(12) Any person who under paragraph (11) receives notice of the determination may, within one month of the decision being sent to him, apply in writing for a copy of the reasons for that decision and a copy shall be supplied to him.

(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Record of tribunal proceedings

55

(1) A record of the proceedings at an oral hearing, which is sufficient to indicate the evidence taken, shall be made by the chairman, or in the case of an appeal tribunal which has only one member, by that member, in such medium as he may direct.

(2) The clerk to the appeal tribunal shall preserve—

(a) the record of proceedings;

(b) the decision notice; and

for the period specified in paragraph (3).

(3) That period is six months from the date of—

(a) the decision made by the appeal tribunal;

(b) any statement of reasons for the tribunal’s decision;

(d) any refusal to set aside the decision in accordance with regulation 57; or

(e) any determination of an application under regulation 58 for leave to appeal against the decision,

or until the date on which those documents are sent to the office of the Social Security and Child Support Commissioners in connection with an appeal against the decision or an application to a Commissioner for leave to appeal, if that occurs within the six months.

(4) Any party to the proceedings may within the time specified in paragraph (3) apply in writing for a copy of the record of proceedings and a copy shall be supplied to him.

Correction of accidental errors

56

(1) The clerk to the appeal tribunal or a legally qualified panel member that member, may at any time correct accidental errors in the notice of any decision of an appeal tribunal made under a relevant enactment, the Child Support Act or the Vaccine Damage Payments Act.

(2) A correction made to a decision notice shall be deemed to be part of the decision notice and written notice of the correction shall be given as soon as practicable to every party to the proceedings.

(3) In this regulation and regulation 57, “relevant enactment” has the same meaning as in section 28(3).

Setting aside decisions on certain grounds

57

(1) On an application made by a party to the proceedings, a decision of an appeal tribunal made under a relevant enactment, the Child Support Act or the Vaccine Damage Payments Act, may be set aside by a legally qualified panel member in a case where it appears just to set the decision aside on the ground that—

(a) a document relating to the proceedings in which the decision was made was not sent to, or was not received at an appropriate time by, a party to the proceedings or the party’s representative or was not received at an appropriate time by the person who made the decision;

(b) a party to the proceedings in which the decision was made or the party’s representative was not present at a hearing relating to the proceedings.

(2) In determining whether it is just to set aside a decision on the ground set out in paragraph (1)(b), the panel member shall determine whether the party making the application gave notice that he wished to have an oral hearing, and if that party did not give such notice the decision shall not be set aside unless ... that member is satisfied that the interests of justice manifestly so require.

(3) An application under this regulation shall—

(a) be made within one month of the date on which—

(i) a copy of the decision notice is sent or given to the parties to the proceedings in accordance with regulation 53(3); or

(ii) the statement of the reasons for the decision is given or sent in accordance with regulation 53(4),

whichever is later;

(b) be in writing and signed by a party to the proceedings or, where the party has provided written authority to a representative to act on his behalf, that representative;

(d) be sent to the clerk to the appeal tribunal.

(4) Where an application to set aside a decision is entertained under paragraph (1), every party to the proceedings shall be sent a copy of the application and shall be afforded a reasonable opportunity of making representations on it before the application is determined.

(4A) Where a legally qualified panel member refuses to set aside a decision he may treat the application to set aside the decision as an application under regulation 53(4) for a statement of the reasons for the tribunal’s decision, subject to the time limits set out in regulation 53(4) and (4A).

(5) Notice in writing of a determination on an application to set aside a decision shall be sent or given to every party to the proceedings as soon as may be practicable and the notice shall contain a statement giving the reasons for the determination.

(6) The time within which an application under this regulation must be made may be extended by a period not exceeding one year where the conditions specified in paragraphs (7) to (11) are satisfied.

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The Social Security and Child Support (Decisions and Appeals) Regulations 1999

Effective date for late notifications of change of circumstances

8

CHAPTER III — OTHER MATTERS

Certificates of recoverable benefits

9

Effect of a determination as to capacity for work

10

Secretary of State to determine certain matters

11

Decision of the Secretary of State relating to industrial injuries benefit

12

Income support and social fund determinations on incomplete evidence

13

Effect of alteration in the component rates of income support and jobseeker’s allowance

14

Jobseeker’s allowance determinations on incomplete evidence

15

PART III — SUSPENSION, TERMINATION AND OTHER MATTERS

CHAPTER I — SUSPENSION AND TERMINATION

Suspension in prescribed cases

16

Provision of information or evidence

17

Termination in cases of failure to furnish information or evidence

18

Suspension and termination for failure to submit to medical examination

19

Making of payments which have been suspended

20

CHAPTER II — OTHER MATTERS

Decisions involving issues that arise on appeal in other cases

21

Appeals involving issues that arise in other cases

22

Child support decisions involving issues that arise on appeal in other cases

23

Child support appeals involving issues that arise in other cases

24

PART IV — RIGHTS OF APPEAL AND PROCEDURE FOR BRINGING APPEALS

CHAPTER I — GENERAL

GENERAL APPEALS MATTERS NOT INCLUDING CHILD SUPPORT APPEALS

Other persons with a right of appeal

25

Decisions against which an appeal lies

26

Decisions against which no appeal lies

27

Notice of decision against which appeal lies

28

Further particulars required relating to certificate of recoverable benefits appeals or applications

29

GENERAL APPEALS MATTERS INCLUDING CHILD SUPPORT APPEALS

Appeal against a decision which has been replaced or revised

30

Time within which an appeal is to be brought

31

Late appeals

32

Making of appeals and applications

33

Death of a party to an appeal

34

PART V — APPEAL TRIBUNALS FOR SOCIAL SECURITY CONTRACTING OUT OF PENSIONS VACCINE DAMAGE AND CHILD SUPPORT

CHAPTER I — THE PANEL AND APPEAL TRIBUNALS

Persons appointed to the panel

35

Composition of appeal tribunals

36

Assignment of clerks to appeal tribunals: function of clerks

37

CHAPTER II — PROCEDURE IN CONNECTION WITH DETERMINATION OF APPEALS AND REFERRALS

Consideration and determination of appeals and referrals

38

Directions concerning oral hearings

39

Withdrawal of appeal or referral

40

Medical examination required by appeal tribunal

41