Social Security Legislation 2025/26 Volume III: Administration, Adjudication and the European Dimension

Administration, Adjudication and the European Dimension is Volume III of the Social Security Legislation 2025/26. The text includes all relevant statutory material as in force on April 7, 2025, 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
• 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 the usual numerous minor amendments to legislation, both primary and secondary, and reference to, and analysis of, important Upper Tribunal decisions and decisions of the courts, including The Court of Appeal’s decision in Fertré v Vale of White Horse DC [2025] EWCA Civ 1057; the first reference to the CJEU under the Withdrawal Agreement in R(BZ) v SSHD and SSWP [2025] EWHC 1814 (Admin); and a number of human rights cases exploring the implications of the Supreme Court’s decision in R(SC) v SSWP

There are amendments to the functions of the First-tier Tribunal to include appeals under s.49(1) of the Victims and Prisoners Act 2024 (specifically, the Infected Blood Compensation Scheme Regulations 2024) and to the Tribunal Rules a) in criminal injuries compensation cases which brings these cases in line with other cases before the Tribunals and b) enabling Tribunals to set aside a decision that determines an appeal on its own initiative.

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 that 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.