Social Security Act 2018 (Version 56)/Part 7

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Part 7
Reviews and appeals

Contents

Subpart 1—Guide to this Part
390 What this Part does
Subpart 2—Reviews by benefits review committee
Rights of review
391 Right to seek review of specified decision of MSD made under delegation
392 Application must be made within 3 months after date of notification or further period allowed
Committee
393 Benefits review committee
Procedure
394 How to begin, and procedure and powers for, review by benefits review committee
Subpart 3—Appeals to appeal authority
Restrictions on appeals
395 Appeals only against decision confirmed or varied by benefits review committee or made by chief executive personally
396 Authority cannot hear and determine certain appeals on medical or capacity grounds
Rights of appeal
397 Decision under specified social assistance enactments
398 Decision under reciprocity agreements
399 Decision to recover excess amount
400 Appeal must be begun within 60 working days of notification or further allowed period
Appeal authority
401 Social security appeal authority
402 Act does not affect appeals to authority under other enactments
Procedure
403 How to begin, and procedure and powers for, appeal to authority
404 Notice, and carrying into effect, of decision
Subpart 4—Appeals to courts
Appeals to High Court
405 Right of appeal using case stated on question of law only
406 Appeal must be begun, and case stated lodged, within time prescribed or allowed
407 How to begin, and procedure for, appeal to High Court
408 Orders, etc, on successful appeal
Appeals to Court of Appeal
409 Appeal, with Court of Appeal’s leave, against High Court’s determination
Appeals to Supreme Court
410 Appeal, with Supreme Court’s leave, against High Court’s or Court of Appeal’s determination
Subpart 5—Appeals to medical board
Right of appeal
411 Right of appeal on medical grounds
412 Appeal must be begun within 3 months of notification or further allowed period
Board
413 Board
Procedure
414 How to apply, and procedure and powers, for appeal to board
415 Notice of, and carrying into effect, board’s decision