Section 102: Power to require consideration of revision before appeal

Welfare Reform Act 2012 · 2012 c. 5View on legislation.gov.uk

Part 5: Social security: general

The Social Security Act 1998 is amended as follows.

In section 12 (appeals to First-tier Tribunal), in subsection (2)—

the words from "in relation to" to the end become paragraph (a), and
after that paragraph there is inserted ", orbwhere regulations under subsection (3A) so provide.

After subsection (3) of that section there is inserted—

In subsection (7) of that section—

the words from "make provision" to the end become paragraph (a);
after that paragraph there is inserted—bprovide that, where in accordance with regulations under subsection (3A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under section 9.

In section 80(1)(a) (affirmative procedure for certain regulations) after "12(2)" there is inserted ." or (3A) "

Schedule 11 contains similar amendments to other Acts.

Subsection (8) applies where regulations under a provision mentioned in subsection (9) are made so as to have effect in relation to a limited area (by virtue of provision made under section 150(4)(b)).

Any power to make, in connection with those regulations, provision as respects decisions and appeals may be exercised so that that provision applies only in relation to the area mentioned in subsection (7).

The provisions referred to in subsection (7) are—

section 12(3A) of the Social Security Act 1998;
section 4(1B) of the Vaccine Damage Payments Act 1979;
subsection (2A) of section 20 of the Child Support Act 1991 (as substituted by section 10 of the Child Support, Pensions and Social Security Act 2000);
subsection (3A) of section 20 of the Child Support Act 1991 (as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act 2000);
section 11(2A) of the Social Security (Recovery of Benefits) Act 1997;
paragraph 6(5A) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000;
section 50(1A) of the Child Maintenance and Other Payments Act 2008.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.