Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 299 (AAC)

Fecha: 17-Abr-2025

Legal framework

Legal framework

33.

Each appeal involves a range of legislative provisions including entitlement, claims, decision-making (including supersessions) and their effective dates. Setting out the detail of those provisions here would make these decisions more difficult to read and follow. The detailed legislative provisions relevant to these appeals are therefore set out in Annex A to this decision.

34.

In summary, the relevant legislative framework applicable to the decisions about SC and MJ is:

(a)

The Social Security Contributions and Benefits Act 1992 (“the SSCB Act 1992”) provides for the existence of, and entitlement to, HB. The detailed provisions about entitlement to that benefit are set out in the Housing Benefit Regulations 2006:

(b)

The Social Security Administration Act 1992 (“the Administration Act 1992”) makes provision for claiming benefit (including UC and income-related benefits such as HB) and gives the Secretary of State power to make relevant regulations about these. It also provides for local authorities to be responsible for administering housing benefit;

(c)

The detailed provisions about claims for UC are set out in the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (“the UC etc. (C&P) regulations 2013”). The detailed provisions about claims for HB are set out in the Housing Benefit Regulations 2006 (“the HB regulations 2006”);

(d)

The Social Security Act 1998 (“the SS Act 1998”) provides a legislative framework for decision-making about UC. This includes deciding claims, revising and superseding decisions and for decisions to be otherwise final (subject to appeal). Section 8 provides for claims to be decided. Section 9 provides for decisions to be revised. Section 10 provides for decisions to be superseded. Section 12 provides for appeals to a First-tier Tribunal;

(e)

The detailed provisions for revising and superseding UC decisions are set out in the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (“the UC etc. (D&A) regulations 2013”);

(f)

The Child Support, Pensions and Social Security Act 2000 (“the CSPSS Act 2000”) provides a broadly similar legislative framework to the SS Act 1998 in terms of HB decisions, revisions, supersessions, finality and appeals;

(g)

The detailed provisions for revising and superseding HB decisions are set out in the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (“the HB & CTB (D&A) regulations 2001”). Some of the relevant provisions in the regulations interact with the Housing Benefit Regulations 2006 (“the HB regulations 2006”); and

(h)

The Welfare Reform Act 2012 (“the WR Act 2012”) provides for the existence of, and entitlement to UC. The detailed provisions about entitlement to UC are contained both in the WR Act 2012 and also in the Universal Credit Regulations 2013 (“the UC regulations 2013”).