Social Entitlement Chamber of the First–tier tribunal
The Social Entitlement Chamber (SEC) hears appeals for Social Security and Child Support, Criminal Injuries Compensation and Asylum Support.
Asylum Support
The SEC Chamber considers appeals against decisions made by Border and Immigration Agency (BIA). The BIA consider whether an applicant and their dependants meet the test of destitution as set out in the legislation, the Immigration and Asylum Act 1999, and then determine to what extent support should be provided. This support may include the provision of accommodation and cash for essential needs.
The Chamber does not deal with asylum claims, or any other immigration matters. It only considers appeals against a refusal or termination of support made by BIA. When determining an appeal the adjudicator can make one of three decisions.
- Ask the Secretary of State to reconsider the matter.
- Substitute the decision being appealed against with their decision; or
- Dismiss the appeal.
If the BIA refuse to provide support or, after they have been providing support, decide to stop or withdraw it, an asylum seeker can appeal to the tribunal against their decision.
Criminal Injuries Compensation
The SEC Chamber decides appeals relating to decisions made by the Criminal Injuries Compensation Authority (CICA) with the aim of enabling the victims of violent crime to have their appeals decided sensitively fairly and independently in accordance with the scheme.
The criminal injuries compensation scheme allows financial awards to be made:
- to recognise the injuries, both physical and mental, caused to victims of crimes of violence;
- in certain circumstances, also to compensate for past or future lost earnings or special expenses caused by such a crime; or
- where death has resulted from a crime of violence, for bereavement and, in some cases, compensation to take account of the loss of earnings of the person who has been killed.
Before awards can be made, there may be issues of eligibility. For example, an applicant who has:
- failed, without delay, to inform the police of the injury;
- failed to assist in bringing an assailant to justice; or
- unspent criminal convictions;
may not be eligible for an award or may have the normal award reduced. There may also be issues to resolve in establishing whether an applicant was the victim of a crime of violence - these can be particularly difficult in historic child and sexual abuse cases.
Social Security and Child Support
The SEC Chamber deals with disputes about:
- Income Support; Jobseeker's Allowance;
- Incapacity Benefit; Disability Living Allowance;
- Attendance Allowance; and
- Retirement Pensions.
It also deals with disputes about:
- Child Support Maintenance, Tax Credits;
- Statutory Sick Pay / Statutory Maternity Pay;
- Compensation Recovery Scheme/ Road Traffic (NHS) charges;
- Vaccine Damage; and
- Decisions on Housing Benefit and Council Tax Benefit.
