SCHEDULES

SCHEDULE 3DECISIONS AGAINST WHICH AN APPEAL LIES

Article 13(1).

PART IBENEFIT DECISIONS

Entitlement to benefit without a claim

1

In such cases or circumstances as may be prescribed, a decision whether a person is entitled to a relevant benefit for which no claim is required.

2

If so, a decision as to the amount to which he is entitled.

Payability of benefit

3

A decision whether a relevant benefit (or a component of a relevant benefit) to which a person is entitled is not payable by reason of—

a

any provision of the Contributions and Benefits Act by which the person is disqualified for receiving benefit;

b

regulations made under section 72(8) of that Act (disability living allowance);

c

regulations made under section 113(2) of that Act (suspension of payment); or

F11ca

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

F12d

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

e

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2f

section F35B, 6, 7 or 8 of the Social Security Fraud Act (Northern Ireland) 2001.F4;F7...

g

section 18 of the Welfare Reform Act (Northern Ireland) 2007.

F8h

regulations made under Article 90(1) or 91(1) of the Welfare Reform (Northern Ireland) Order 2015;

i

Article 92 of that Order.

Payments to third parties

4

Except in such cases or circumstances as may be prescribed, a decisionwhether the whole or part of a benefit to which a person is entitled is, by virtue of regulations, to be paid to a person other than him.

Recovery of benefits

5

A decision whether payment is recoverable under section 69 or 69Aof the Administration Act.

6

If so, a decision as to the amount of payment recoverable.

F106A

A decision as to whether payment of housing credit (within the meaning of the State Pension Credit Act (Northern Ireland) 2002) is recoverable under section 69ZB of the Administration Act.

F106B

A decision as to the amount of payment recoverable under section 69ZB, 69ZG or 69ZH of the Administration Act.

F6State pension: prisoners and overseas residents

Annotations:
Amendments (Textual)
F6

Sch. 3 paras. 6C, 6D and cross-heading inserted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 12 para. 33

6C

A decision that a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 is not payable by reason of section 19 of that Act (prisoners).

6D

A decision that a person is not entitled to increases in the rate of a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 by reason of regulations under section 20 of that Act (overseas residents).

Industrial injuries benefit

7

A decision whether an accident was an industrial accident for the purposes of industrial injuries benefit.

F14...

Annotations:
Amendments (Textual)

F138

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

F5State pension credit

Annotations:
Amendments (Textual)

8A

A decision whether to specify a period as an assessed income period under section 6 of the State Pension Credit Act (Northern Ireland) 2002.

8B

If so, a decision as to the period to be so specified.

8C

A decision whether an assessed income period comes to an end by virtue of section 9(4) or (5) of that Act.

8D

If so, a decision as to when the assessed income period so ends.

Power to prescribe other decisions

9

Such other decisions relating to a relevant benefit as may be prescribed.

PART IICONTRIBUTIONS DECISIONS

Categorisation of earners

Para. 10 rep. by SI 1999/671

Para. 11 rep. by SI 1999/671

Compulsory contributions

Para. 12 rep. by SI 1999/671

Para. 13 rep. by SI 1999/671

Voluntary contributions

Para. 14 rep. by SI 1999/671

Para. 15 rep. by SI 1999/671

Responsibilities at home

16

A decision whether a person was (within the meaning of regulations) precluded from regular employment by responsibilities at home.

Earnings and contributions credits

17

A decision whether a person is entitled to be credited with earnings or contributions in accordance with regulations made under section 22(5) F9or 5ZA of the Contributions and Benefits Act.

Statutory sick pay

Para. 18 rep. by SI 1999/671

Para. 19 rep. by SI 1999/671

Statutory maternity pay

Para. 20 rep by SI 1999/671

Liability of directors, etc. for company's contributions

Para. 22 rep. by SI 1999/671

Preserved rights to benefit, etc.

Para. 23 rep. by SI 1999/671

Employment of long-term unemployed

Para. 24 rep. by SI 1999/671

Interest and penalties

Para. 25 rep. by SI 1999/671

Para. 26 rep. by SI 1999/671

Para. 27 rep. by SI 1999/671

Para. 28 rep. by SI 1999/671

Power to prescribe other decisions

Para. 29 rep. by SI 1999/671