Cases we handle
Compensation recovery - decisions of appeal tribunals
The Social Security (Recovery of Benefits) Act 1997 gives the Secretary of State power to claim back all or some of the cost of benefits paid to a claimant where that claimant later receives compensation and there is a link between the benefit and the compensation (for example, incapacity benefit paid while someone recovers from a road traffic accident). This is done by issuing a certificate of recoverable benefits to the person liable to pay the compensation.
Section 11 of the Social Security (Recovery of Benefits) Act 1997 provides that there is a right of appeal against the details in a certificate of recoverable benefits issued by the Secretary of State the Social Entitlement Chamber of the First-tier Tribunal. Under section 12 such an appeal is referred to the First-tier Tribunal by the Secretary of State. Section 13 provides that an appeal may be made to the Administrative Appeals Chamber of the Upper Tribunal on the ground that the decision of the First-tier Tribunal is erroneous in point of law.
You have to apply to the First-tier Tribunal judge for permission before you appeal to the Upper Tribunal.
Relevant legislation
Sections 11, 12 and 13 of the Social Security (Recovery of Benefits) Act 1997
The Transfer of Tribunal Functions Order 2008
Relevant case law
Decision R(CR) 1/02 of a Tribunal of Social Security Commissioners discusses the tribunal's jurisdiction in these cases.
See also: NHS – Recovery of Charges
Note:
From 3 November 2008 the new Upper Tribunal has taken over the work of the Social Security, Child Support and Pensions Appeal Commissioners. The Commissioners formerly handled appeals from tribunals that are now covered by the Social Entitlement Chamber, and the War Pensions and Armed Forces Compensation Chamber of the First-tier Tribunal.
The Upper Tribunal also deals with appeals from the Health, Education and Social Care Chamber of the First-tier Tribunal.
Page last updated on 03 November 2008
