Article 3 Decisions and appeals

(1)

The following provisions of Chapter 2 (social security decisions and appeals) of Part 1 (decisions and appeals) of the Social Security Act 1998^f1 apply to a decision to which article 2 applies as they apply in relation to a decision of the Secretary of State mentioned in section 8(1) (decisions by the Secretary of State) of that Act.

(2)

The provisions are—

(a)

section 9 (revision of decisions);

(b)

section 10^f2 (decisions superseding earlier decisions);

(c)

section 11^f3 (regulations with respect to decisions);

(d)

section 12^f4 (appeal to First-tier Tribunal), except for subsections (4) and (5);

(e)

section 13^f5 (redetermination etc of appeals by tribunal);

(f)

section 14^f6 (appeal from First-tier Tribunal to Upper Tribunal), except for subsections (3)(c) and (4) to (6);

(g)

section 15^f7 (applications for permission to appeal against a decision of the Upper Tribunal);

(h)

section 15A^f8 (functions of Senior President of Tribunals);

(i)

section 16^f9 (procedure), except for subsections (4) and (5);

(j)

section 17^f10 (finality of decisions);

(k)

section 18^f11 (matters arising as respects decisions), except for subsection (2);

(l)

section 21^f12 (suspension in prescribed circumstances);

(m)

section 22^f13 (suspension for failure to furnish information etc.), except for subsection (4);

(n)

section 23 (termination in cases of failure to furnish information);

(o)

section 25^f14 (decisions involving issues that arise on appeal in other cases);

(p)

section 26^f15 (appeals involving issues that arise on appeal in other cases);

(q)

section 27^f16 (restrictions on entitlement to benefit in certain cases of error);

(r)

section 28^f17 (correction of errors and setting aside of decisions), except for subsection (1A); and

(s)

section 39ZA^f18 (certificates).

Annotations

Footnotes

f1: 1998 c. 14. Section 8(1) was amended by paragraph 22(1) and (2) of Schedule 7 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).
f2: Section 10 was amended by paragraph 23 of Schedule 7 and Schedule 10 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and S.I. 2008/2833
f3: Section 11 was amended by paragraphs 4 and 7 of Schedule 1 and Schedule 3 to the State Pension Credit Act 2002 (c. 16) and by paragraph 17(1) and (4) of Schedule 3 to the Welfare Reform Act 2007 (c. 5).
f4: Section 12 was amended by paragraph 25 of Schedule 7 and Schedule 10 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and S.I. 2008/2833.
f5: Section 13 was amended by paragraph 26 of Schedule 7 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and by S.I. 2008/2833.
f6: Section 14 was amended by paragraph 27 of Schedule 7 and Schedule 10 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and S.I. 2008/2833.
f7: Section 15 was amended by S.I. 2008/2833.
f8: Section 15A was inserted by S.I. 2008/2833.
f9: Section 16 was amended by paragraph 28 of Schedule 7 and Schedule 10 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and S.I. 2008/2833.
f10: Section 17 was amended by S.I. 2008/2833.
f11: Section 18 was amended by paragraph 29 of Schedule 7 and Schedule 10 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and S.I. 2008/2833.
f12: Section 21 was amended by paragraph 32 of Schedule 7 and Schedule 10 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and S.I. 2008/2833.
f13: Section 22 was amended by the paragraphs 4 and 8 of Schedule 1 to the State Pension Credit Act 2002 (c. 16).
f14: Section 25 was amended by S.I. 2008/2833.
f15: Section 26 was amended by S.I. 2008/2833.
f16: Section 27 was amended by paragraphs 4 and 9 of Schedule 1 to the State Pension Credit Act 2002 (c. 16), paragraph 17(1) and (5) of Schedule 3 to the Welfare Reform Act 2007 (c. 5) and by S.I. 2008/2833.
f17: Section 28 was amended by paragraph 34 of Schedule 7 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), paragraphs 4 and 10 of Schedule 1 and Schedule 3 to the State Pension Credit Act 2002 (c. 16), paragraph 17(1) and (6) of Schedule 3 to the Welfare Reform Act 2007 (c. 5) and S.I. 2008/2833.
f18: Section 39ZA was inserted by S.I. 2008/2833.