[2025] UKUT 200 (AAC)

Section 71ZB(1)(b) and (c) have been brought into force for the purpose of NSJSA and NSESA respectively (see Article 5(3A) of the Welfare Reform Act 2012 (Commencement No. 8 and Savings and Transitional Provisions) Order 2013). Section 71ZB(1)(d) has not yet been brought into force (which is why it appears above in square brackets).

Section 12(1) of the Social Security Act 1998 provides the following in terms of appeals that is relevant to this appeal:

“Appeals

12 Appeal to First-tier Tribunal

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This section applies to any decision of the Secretary of State under section 8 or 10 above (whether as originally made or as revised under section 9 above) which—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

Schedule 3 to the Social Security Act 1998 provides that the following decisions about recovery of benefits are ones against which an appeal lies:

“Recovery of benefits

5.

A decision whether payment is recoverable under section 71 or 71A of the

Administration Act.

6.

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

6A. A decision as to whether payment of housing credit (within the meaning of the State Pension Credit Act 2002) is recoverable under section 71ZB of the Administration Act.

6B. A decision as to the amount of payment recoverable under section 71ZB, 71ZG or 71ZH of the Administration Act.”

Paragraphs 6A and 6B of Schedule 3 to the Social Security Act 1998 were inserted by section 105 of the Welfare Reform Act 2012. Paragraph 6A has not yet been brought into force.