NI260 - A guide to Revision, Supersession and Appeal (April 2006)
Appealing to the Social Security Commissioners
The Social Security Commissioners are appointed to decide appeals brought by individuals and by the Secretary of State on questions of law from the decisions of appeal tribunals. The Commissioners are barristers, solicitors or advocates of not less than ten years’ standing and are appointed by the Queen on the advice of the Lord Chancellor. They are independent of the Department for Work and Pensions and its agencies.
The Commissioners’ role is to decide whether a tribunal made an error on a point of law.
The Commissioners have two offices, in London and Edinburgh (for contact details see addresses) where oral hearings are held. They also hold hearings in Cardiff and the north of England and offer videoconference facilities in other locations.
Before you can appeal to a Commissioner you must have permission (this is called leave to appeal). How to apply for leave to appeal is explained in detail on the next page. Remember your application must include a copy of the tribunal’s full written statement of its reasons for the decision. If it does not, the chairman must reject it. You may then renew your application to the Commissioner. However, you will have to satisfy the Commissioner that you have special reasons and without a written statement of reasons your chances of appealing successfully will be limited. [SS Act 1998 14(10)].
What is an error in a point of law?
An error in a point of law is where, for example, the tribunal:
- failed to apply the correct law
- wrongly interpreted the Acts or Regulations
- followed a procedure that breached the rules of natural justice
- took irrelevant matters into account, or did not consider relevant matters, or did both these things
- did not give adequate reasons in the full statement of its decision
- gave a decision supported by no evidence
- decided the facts in such a way that no person acting judicially and properly instructed as to the relevant law could have come to the determination under appeal.
Who can apply for leave to appeal?
The following people can apply for leave to appeal to a Commissioner: [SS Act 1998 14]
- the claimant (see terminology)
- any trade union or association which exists to promote the interests or welfare of its members (see below)
- anyone who has been found liable to repay an amount of overpaid benefit
- the Secretary of State.
A trade union can only apply on your behalf in one of the following circumstances:
- you were a member immediately before the question you are appealing about arose
- if the question you are appealing about relates to a person who has died, that person was a member at the time of their death
- in Industrial Injuries Disablement Benefit (IIDB) cases, you were a member at the time of the relevant accident
- in Industrial Death Benefit (IDB) cases, the deceased was a member at the time of the relevant accident.
Secretary of State appeals
The Secretary of State can apply for leave to appeal to the Commissioners. If this happens, you will receive a copy of the Secretary of State’s application. [SSCS (D&A) Regs 1999 58]
Suspension of benefit pending a Secretary of State’s appeal to the Commissioner
The Secretary of State may decide to suspend any payment of benefit arising from the tribunal’s decision notice whilst they are deciding whether to apply for a statement of the tribunal’s reasons. If they have not done so within one month of being sent the decision notice, the decision must be implemented and arrears paid to the claimant. [SSCS (D&A) Regs 1999 16]
On receipt of the statement of reasons, the Secretary of State will decide whether to seek leave to appeal. If he has not done so within one month of receiving the written statement of reasons, the decision must be implemented and arrears paid to you.
If the Secretary of State decides to apply for leave to appeal and it is granted, the suspension will continue until the Commissioner has given a decision on the appeal.
You must be told in writing about the suspension and the reason for it. There is no right of appeal against a decision to suspend benefit. However, if the suspension is likely to cause you hardship, you can ask the Secretary of State to lift it.