300.—(1) Subject to this Act, every question to which this section applies shall, save where the context otherwise requires, be decided by a deciding officer.

[1993 s247(2); 2005 (SW&P) s7(1)(d) & 10(e)]

(2) F1629[Subject to subsections (3) and (3A),] this section applies to every question arising under—

(a) Part 2 (social insurance) being a question—

(i) in relation to a claim for benefit,

(ii) as to whether a person is or was disqualified for benefit,

(iii) as to the period of any disqualification for benefit,

(iv) as to whether an employment is or was insurable employment or insurable (occupational injuries) employment,

(v) as to whether a person is or was employed in an insurable employment or insurable (occupational injuries) employment,

(vi) as to the rate of employment contribution which is or was payable by an employer in respect of an employed contributor,

(vii) as to who is or was the employer of an employed contributor,

(viii) as to whether a person is or was entitled to become a voluntary contributor,

(ix) on any other matter relating to Part 2 that may be prescribed,

(x) as to whether an employment is or was an insurable self-employment,

(xi) as to whether a person is or was in insurable F1630[self-employment,]

(xii) as to the rate of self-employment contribution which is or was payable by a self-employed contributor,

F1631[(xiii) as to whether a contribution is or was payable in accordance with Chapter 5A or 5B of Part 2, or

(xiv) as to the rate of contribution which is or was payable in accordance with Chapter 5Aor 5B of Part 2,]

(b) Part 3 (social assistance) other than Chapter 9 (supplementary welfare allowance),

(c) Part 4 (child benefit),

F1632[(ca)] F1633[…]

(d) Part 5 (F1634[carer’s support grant]),

(e) Part 6 (F1635[working family payment]),

(f) Part 7 (continued payment for qualified children),

F1636[(fa) Part 7A (back to work family dividend),]

(g) Part 8 (EU payments),

(h) Part 9 (general provisions relating to social insurance, social assistance F1637[and insurability), and]

F1638[(hh) Part 11B (recovery of certain benefits and assistance), being a question as to whether—

(i) a benefit, or any part of a benefit, under Part 2, or

(ii) any assistance, or any part of any assistance, under Part 3,

specified in a statement of recoverable benefits or a revised statement of recoverable benefits is a recoverable benefit F1639[within the meaning of Part 11B.]]

(i) F1640[…]

F1641[(2A) Nothing in this Act shall prevent the Minister from providing for an application to be made by electronic means in respect of a matter specified in subsection (2) and the entitlement or otherwise to any such matter and any such electronic application is without prejudice to subsection (1).

(2B) Without prejudice to the generality of subsection (2A), nothing in this Act shall prevent the Minister from providing for the award of a payment in relation to any matter referred to in subsection (2) pursuant to an electronic application.

(2C) Where, pursuant to the making of an electronic application referred to in subsection (2A) or the award of a payment referred to in subsection (2B), any question arises in respect of—

(a) that electronic application, including any question as to whether the person who made the application is or was entitled to an award in respect of a matter specified in subsection (2), or

(b) that payment, including any question in respect of the amount of the payment, or the rate at which the payment is made or the person to whom it is paid,

shall be decided in accordance with subsection (1).]

[1999 s30(1)(b)]

(3) In the case of a deciding officer who is a bureau officer this section also applies to every question arising under Chapter 9 of Part 3.

F1642[(3A) The following categories of claims for supplementary welfare allowance shall be decided by a deciding officer:

(a) a claim made under section 197 in any case where—

(i) a person has made an application for such benefit under Part 2 or such assistance under Part 3, as is prescribed, and

(ii) entitlement to that benefit or assistance has not yet been decided or has been decided and that decision is the subject of an appeal under section 311;

(b) a claim under section 198 for a supplement towards the amount of rent or mortgage interest payable by a person in respect of his or her residence in a case included in such categories of cases as are prescribed.]

[1993 s247(3)]

(4) A reference in subsection (2)(a) to a question arising in relation to a claim for benefit includes a reference to a question whether benefit is or is not or was or was not payable.

[2003 (MP) s11]

(5) Notwithstanding subsections (1) to (4) and subject to subsection (7), where a person is in receipt of child benefit, the Minister may provide for the award of child benefit to that person in respect of a second or subsequent child on receipt of the information that may be prescribed, verified in the manner that may be prescribed, where the Minister is satisfied that the information is adequate to ensure that the award is made in accordance with this Act.

[2005 (SW&P) s16(a)]

(6) Notwithstanding subsections (1) to (4) and subject to subsection (8), the Minister may provide for the award of a bereavement grant or a payment under section 248, in the circumstances and subject to the conditions that may be prescribed, on receipt of information that may be prescribed, verified in the manner that may be prescribed, where the Minister is satisfied that the information is adequate to ensure that the award is made in accordance with this Act.

[2003(MP) S11]

(7) In the case of an award made under subsection (5), any question which arises subsequently in relation to whether child benefit is or is not payable, or in relation to who is entitled to receive child benefit, shall be referred to a deciding officer for decision.

[2005 (SW&P) s16(a)]

(8) In the case of an award made under subsection (6), any question which arises subsequently in relation to whether a bereavement grant or a payment under section 248 is or is not payable, or in relation to who is entitled to receive a bereavement grant or a payment under section 248, shall be referred to a deciding officer for decision.

F1643[(9) In the case of an award made under section 113A, any question which arises in relation to whether F1644[State pension (contributory)] is or is not payable, or in relation to who is entitled to receive an F1644[State pension (contributory)], shall be referred to a deciding officer for decision.]

F1645[(10) In the case of an award made under subsection 113B, any question which arises in relation to F1646[whether State pension (contributory)] is or is not payable, or in relation to who is entitled to F1647[receive a State pension (contributory)], shall be referred to a deciding officer for decision.]