The cases we handle

Social security: what decisions can be appealed?

How decisions are made

Decisions on claims for social security benefits are made by:

"the Secretary of State" – in practice a local decision-maker on the staff of the Department for Work and Pensions or
an officer of Her Majesty’s Revenue and Customs (HMRC).
(Section 8 of the Social Security Act 1998)

Decisions can be changed by decision-makers in two ways:

Any decision can be revised from the date it was made. Where a decision is revised it is the revised decision that takes effect, not the original decision.
(Section 9 of the Social Security Act 1998)
Any decision (including one that has been revised) can be superseded. A decision superseding another decision replaces the original decision but only from a later date.
(Section 10 of the Social Security Act 1998)

Appealing against decisions

Important! In every case there is a time limit for making an appeal

You can appeal against

a decision under section 8 on a claim or award (including one that has been revised)
a decision to supersede under section 10 (including one that has been revised)
certain other decisions (see below)

You cannot appeal against a revision under section 9. But in some cases a decision that was revised under section 9 should have been superseded under section 10, or a decision should have been revised rather than a superseded. The Courts and Commissioners (now known as Upper Tribunal judges) have decided that an appeal tribunal (now known as the First-tier Tribunal) can deal with errors of this sort when considering an appeal. In other words, a Tribunal can:

revise a decision that should have been superseded or
supersede a decision that should have been revised.

Also a First-tier Tribunal, when considering an appeal, can decide that a decision:

should be superseded when the Secretary of State has refused to do that or
should not be revised when the original decision was to revise.

An Upper Tribunal judge may also do all these things on appeal from the First-tier Tribunal.

Other decisions you can appeal

Section 12 of, and Schedule 3 to, the Social Security Act 1998 also give a right of appeal from any decision of the Secretary of State in the list set out below:

A decision whether someone is entitled to any benefit for which no claim is necessary
A decision that a benefit is not payable because:
– The person is disqualified for receiving benefit
– A claimant for disability living allowance is living in residential accommodation provided under Part III of the National Assistance Act 1948 and some other Acts
– Payment is suspended while the claimant is a hospital inpatient
A claimant for Jobseeker's Allowance has had payment stopped for a period under the Jobseeker's Allowance Regulations 1996
A decision whether an overpayment of benefit (and if so, how much) can be recovered by the Secretary of State under sections 71, 71A or 74 of the Social Security Administration Act 1992
A declaration that an accident is an industrial accident, or a refusal to declare this
A decision about making or varying a jobseeker's agreement under the Jobseekers Act 1995
A decision about fixing an assessed income period for state pension credit

Decisions you cannot appeal

There is also a list of types of decision that you cannot appeal: see non–appealable decisions

Relevant legislation

Sections 8, 9, 10 and 12 of, and Schedule 3 to, the Social Security Act 1998

Regulation 26 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

The Transfer of Tribunal Functions Order 2008

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