Social Security Legislation 2022/23 Volume III: Administration, Adjudication and the European Dimension

Administration, Adjudication and the European Dimension is Volume III of Social Security Legislation 2022/23. The text includes all relevant statutory material as in force on April 11, 2022, indicating clearly the date and effect of amendments. The commentary to this material takes account of decisions of the courts, of the former Social Security Commissioners and of the Upper Tribunal. Tables of cases and a comprehensive index are included to assist the reader.

This volume covers:

• Claims
• Decision-making
• Payments and the recovery of overpayments
• Compensation Recovery Unit powers and procedures
• Rights of appeal
• Tribunal practice and procedure
• Human rights law relevant to social security entitlement
• Social security rights in the UK of European Union citizens (including Irish citizens)
• Rights of British citizens who have lived or worked in, or otherwise had relevant dealings with, a Member State of the European Union or who are currently in that position

This edition brings the legislation and commentary fully up to date. Amendments to the commentary include references to, and analysis of, important Upper Tribunal decisions and decisions of the courts. In particular, there is analysis of several cases where consideration has been given to the impact on human rights law of the Supreme Court’s decision in R. (SC) v Secretary of State for Work and Pensions [2021] UKSC 26 and also analysis of early decisions, drawn from outside the realm of social security adjudication but potentially applicable to it, on the legislative framework that has followed the United Kingdom’s withdrawal from the European Union.

The editorial team has brought together its academic expertise and knowledge of tribunal practice and procedure, and of the substantive law, to produce a well-established and authoritative guide to social security legislation which will be an essential reference point for the judiciary, legal practitioners, welfare rights advisers, DWP and HMRC decision-makers, and students of the United Kingdom social security system.