Legislation – Welfare Reform Act 2012

Welfare Reform Act 2012, Section 102 is up to date with all changes known to be in force on or before 30 October 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Section 102:

specified provision(s) amendment to earlier commencing S.I. 2013/1511 by S.I. 2017/57 art. 5 13 14 Sch.
specified provision(s) amendment to earlier commencing S.I. 2013/2657 by S.I. 2016/596 art. 4–6 Sch.
specified provision(s) amendment to earlier commencing S.I. 2013/2657 by S.I. 2017/57 art. 13 15 Sch.
specified provision(s) amendment to earlier commencing S.I. 2013/2846 by S.I. 2016/596 art. 3 4 7 Sch.
specified provision(s) amendment to earlier commencing S.I. 2013/983 by S.I. 2018/138 art. 3
specified provision(s) amendment to earlier commencing S.I. 2013/983 by S.I. 2019/10 reg. 3(1)
specified provision(s) amendment to earlier commencing S.I. 2013/983 by S.I. 2019/167 art. 5(2)
specified provision(s) amendment to earlier commencing S.I. 2013/983, art. 5A(1), 6(1) by S.I. 2017/483 art. 2
specified provision(s) amendment to earlier commencing S.I. 2014/1583 by S.I. 2017/664 art. 5 Sch.
specified provision(s) amendment to earlier commencing S.I. 2014/209 by S.I. 2016/596 art. 3 4 8 Sch.
specified provision(s) amendment to earlier commencing S.I. 2014/209 by S.I. 2017/57 art. 10 16 Sch.
specified provision(s) amendment to earlier commencing S.I. 2014/2321 by S.I. 2016/596 art. 5 9 Sch.
specified provision(s) amendment to earlier commencing S.I. 2014/2321 by S.I. 2016/963 art. 3 7 8 13 Sch.
specified provision(s) amendment to earlier commencing S.I. 2014/2321 by S.I. 2017/584 art. 5 Sch.
specified provision(s) amendment to earlier commencing S.I. 2014/2321 by S.I. 2017/664 art. 5 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/101 by S.I. 2016/596 art. 3–5 10 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/101 by S.I. 2016/963 art. 4 6–12 14 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/101 by S.I. 2017/57 art. 3–9 11 12 17 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/101 by S.I. 2017/584 art. 3 4 6–9 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/101 by S.I. 2017/664 art. 3–5 7–9 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/1537 by S.I. 2016/596 art. 3 4 11 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/1537 by S.I. 2016/963 art. 3–12 15 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/1537 by S.I. 2017/57 art. 3–7 9 12 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/1537 by S.I. 2017/584 art. 3 4 6–9 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/1537 by S.I. 2017/664 art. 3–9 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/33 by S.I. 2018/138 art. 6
specified provision(s) amendment to earlier commencing S.I. 2015/33 by S.I. 2019/10 reg. 3(2)
specified provision(s) amendment to earlier commencing S.I. 2015/33 by S.I. 2019/167 art. 5(3)
specified provision(s) amendment to earlier commencing S.I. 2015/33 by S.I. 2019/37 art. 5
specified provision(s) amendment to earlier commencing S.I. 2015/33, art. 6(11) by S.I. 2017/483 art. 3
specified provision(s) amendment to earlier commencing S.I. 2015/634 by S.I. 2018/138 art. 6
specified provision(s) amendment to earlier commencing S.I. 2015/634 by S.I. 2019/10 reg. 3(3)
specified provision(s) amendment to earlier commencing S.I. 2015/634 by S.I. 2019/167 art. 5(4)
specified provision(s) amendment to earlier commencing S.I. 2015/634 by S.I. 2019/37 art. 5
specified provision(s) amendment to earlier commencing S.I. 2015/634, art. 7(2) by S.I. 2017/376 reg. 4
specified provision(s) amendment to earlier commencing S.I. 2016/596 by S.I. 2016/963 art. 17
specified provision(s) amendment to earlier commencing S.I. 2019/37 by S.I. 2019/935 art. 2
specified provision(s) modification of earlier commencing S.I. 2014/1583 by S.I. 2018/532 art. 3 Sch.
specified provision(s) modification of earlier commencing S.I. 2014/2321 by S.I. 2018/532 art. 3 Sch.
specified provision(s) modification of earlier commencing S.I. 2015/101 by S.I. 2018/532 art. 3 Sch.
specified provision(s) modification of earlier commencing S.I. 2015/1537 by S.I. 2018/532 art. 3 Sch.
specified provision(s) modification of earlier commencing S.I. 2015/634 by S.I. 2018/532 art. 5

Part 5Social security: general

Appeals

102Power to require consideration of revision before appeal

(1)

The Social Security Act 1998 is amended as follows.

(2)

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

(a)

the words from “in relation to” to the end become paragraph (a), and

(b)

after that paragraph there is inserted “, or

“(b)

where regulations under subsection (3A) so provide.”

(3)

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

“(3A)

Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal under subsection (2) in relation to a decision only if the Secretary of State has considered whether to revise the decision under section 9.

(3B)

The regulations may in particular provide that that condition is met only where—

(a)

the consideration by the Secretary of State was on an application,

(b)

the Secretary of State considered issues of a specified description, or

(c)

the consideration by the Secretary of State satisfied any other condition specified in the regulations.

(3C)

The references in subsections (3A) and (3B) to regulations and to the Secretary of State are subject to any enactment under or by virtue of which the functions under this Chapter are transferred to or otherwise made exercisable by a person other than the Secretary of State.”

(4)

In subsection (7) of that section—

(a)

the words from “make provision” to the end become paragraph (a);

(b)

after that paragraph there is inserted—

“(b)

provide 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.”

(5)

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

(6)

Schedule 11 contains similar amendments to other Acts.

(7)

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)).

(8)

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).

(9)

The provisions referred to in subsection (7) are—

(a)

section 12(3A) of the Social Security Act 1998;

(b)

section 4(1B) of the Vaccine Damage Payments Act 1979;

(c)

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);

(d)

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);

(e)

section 11(2A) of the Social Security (Recovery of Benefits) Act 1997;

(f)

paragraph 6(5A) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000;

(g)

section 50(1A) of the Child Maintenance and Other Payments Act 2008.