The cases we handle

Social security: what decisions cannot be appealed?

You cannot make an appeal to a First-tier Tribunal or the Upper Tribunal about certain decisions, including the following:

• about a severe hardship payment for someone aged 16 but not yet 18 who does not qualify for jobseeker's allowance, and a decision whether such a person is given a certificate of good cause for failing to complete any training programme
• about a Christmas bonus
• about which of two or more claimants is entitled to carer's allowance
• about which of two or more claimants is entitled to child benefit
• whether, for certain benefit claim purposes, a claimant may be treated as being present in Great Britain
• to alter the rate of benefit of a claimant when the general rates of benefit are changed
• about the amount of benefit to be paid, where that amount depends on the age of the claimant
• to reduce the benefit of a claimant following a reduced benefit direction
• made under the Child Support Act 1991 [but this may be appealed as a child support appeal]
• about educational establishments, other education, and the temporary absence of children, for child benefit purposes
• whether to accept as valid a claim made in writing but not on the correct form
• about evidence and information required in support of a claim
• whether a claim for one benefit can be treated as a claim for another benefit
• about time and manner of payment
• about appointing someone to act for a person who cannot act for themselves
• about paying benefit to third parties
• about losing your right to payment of benefit where payment was not obtained within the set period, except for cases where written notice requesting payment is given after the expiry of the set period
• deciding, or not deciding, an appeal because there is another case under appeal covering the same point
• making deductions from income support for payment of fines or outstanding amounts of council tax
• about loss or reduction of benefit for benefit offences or breach of community order
• about payments of expenses under section 180 of the Social Security Administration Act 1992
• requiring repayment of guardian's allowance from a surviving parent
• about increases of industrial injuries disablement benefit for constant attendance or exceptionally severe disablement
• about disregarding periods of interruption of education for industrial injuries disablement benefit purposes
• about disregarding work undertaken for rehabilitation or training reasons in connection with claims for reduced earnings allowance
• issuing or refusing certificates of eligibility for the mobility component of disability living allowance to people who qualified for a vehicle under the old Invalid Vehicle Scheme
• when a claimant for jobseeker's allowance must attend a job centre, including on which day a claimant must sign on
• about interim payments of benefit, offsetting payments against other payments, preventing the duplication of payments, recovering overpayments made by credit transfer, save for the following matters:
  – taking interim payments of benefit into account
  – recovering overpaid interim payments
  – offsetting an earlier award of benefit against a later award
  – whether a credit transfer is an overpayment
  – calculating the notional reduction of capital for benefit purposes where there has been an overpayment resulting from failure to declare the capital
  – about protected earnings
• about issuing certificates in relation to payment of certain benefits during temporary absence abroad

Relevant legislation

The full lists are set out in Schedule 2 to the Social Security Act 1998 and regulation 27 and Schedule 2 in the Social Security and Child Support (Decisions and Appeals) Regulations 1999

This page was last updated on 03 November 2008

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