[2025] UKUT 131 (AAC)

Section 8 of the Social Security 1998 Act provides:

“(1)

Subject to the provisions of this Chapter, it shall be for the Secretary of State-

(a)

to decide any claim for a relevant benefit

[…]

(3)

In this Chapter “relevant benefit” […] means any of the following, namely-

[…]

(baa) personal independence payment.”

Section 9 provides:

“(1)

Any decision of the Secretary of State under section 8 above or section 10 below may be revised by the Secretary of State-

(a)

either within the prescribed period or in prescribed cases or circumstances; and

(b)

either on an application made for the purpose or on his own initiative;

and regulations may prescribe the procedure by which a decision of the Secretary of State may be so revised.”

Section 10 provides:

“(1)

Subject to [subsection (3) […] below, the following, namely-

(a)

any decision of the Secretary of State under section 8 above or this section, whether as originally made or as revised under section 9 above; […]

(aa) any decision under this Chapter of the First-tier Tribunal or any decision of the Upper Tribunal which relates to any such decision,

may be superseded by a decision made by the Secretary of State, either on an application made for the purpose or on his own initiative.”

Section 12 provides:

“(1)

This section applies to any decision of the Secretary of State under section 8 or 10 above (whether as originally made or as revised under section 9 above) which –

(a)

is made on a claim for, or on an award of, a relevant benefit, and does not fall within Schedule 2 to this Act; or

(b)

is made otherwise than on such a claim or award, and falls within Schedule 3 to this Act.”

Section 17 provides:

“(1)

Subject to the provisions of this Chapter and to any provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007, any decision made in accordance with the foregoing provisions of this Chapter shall be final; and subject to the provisions of any regulations under section 11 above, any decision made in accordance with those regulations shall be final.

(2)

If and to the extent that regulations so provide, any finding of fact or other determination embodied in or necessary to such a decision, or on which such a decision is based, shall be conclusive for the purposes of-

(a)

further such decisions […]”

Rule 8 of the Tribunal procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 (the “FtT Rules”) provides:

“8.

-

[…]

(2)

The Tribunal must strike out the whole or a part of the proceedings if the Tribunal-

(a)

does not have jurisdiction in relation to the proceedings or that part of them; and

(b)

does not exercise its power under rule 5(3)(k)(i)(transfer to another court or tribunal) in relation to the proceedings or that part of them.”