Décision No 1225 du Conseil permanent
The following functions are hereby transferred to the Secretary of State, namely—
the functions of adjudication officers appointed under section 38 of the Social Security Administration Act 1992 (“the Administration Act”);
the functions of social fund officers appointed under section 64 of that Act; and
the functions of child support officers appointed under section 13 of the Child Support Act 1991 (“the Child Support Act”).
Any decision, determination or assessment falling to be made or certificate falling to be issued by the Secretary of State under or by virtue of a relevant enactment, or in relation to a war pension, may be made or issued not only by an officer of his acting under his authority but also—
by a computer for whose operation such an officer is responsible; and
in the case of a decision, determination or assessment that may be made or a certificate that may be issued by a person providing services to the Secretary of State, by a computer for whose operation such a person is responsible.
In this section “relevant enactment” means any enactment contained in—
Chapter II of this Part;
the Social Security Contributions and Benefits Act 1992 (“the Contributions and Benefits Act”);
the Administration Act;
the Child Support Act;
the Social Security (Incapacity for Work) Act 1994;
the Jobseekers Act 1995 (“the Jobseekers Act”);
the Child Support Act 1995; ...
the Social Security (Recovery of Benefits) Act 1997; ...
the State Pension Credit Act 2002; ...
Part 1 of the Welfare Reform Act 2007;
Part 1 of the Welfare Reform Act 2012; ...
Part 4 of that Act;
Part 1 of the Pensions Act 2014; ...
section 30 of the Pensions Act 2014; or
sections 18 to 21 of the Welfare Reform and Work Act 2016.
In this section and section 3 below “war pension” has the same meaning as in section 25 of the Social Security Act 1989 (establishment and functions of war pensions committees).
Subsection (2) below applies to information relating to any of the matters specified in subsection (1A) below which is held—
by the Secretary of State or the Northern Ireland Department; or
by a person providing services to the Secretary of State or the Northern Ireland Department in connection with the provision of those services.
The matters are—
social security ... or war pensions;
child support ... ;
employment or training;
private pensions policy;
retirement planning;
the investigation or prosecution of offences relating to tax credits;
the Diffuse Mesothelioma Payment Scheme.
Information to which this subsection applies—
may be used for the purposes of, or for any purposes connected with, the exercise of functions in relation to any of the matters specified in subsection (1A) above; and
may be supplied to, or to a person providing services to, the Secretary of State or the Northern Ireland Department for use for those purposes.
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section 122C of the Administration Act (supply of information to authorities administering benefit); and
section 122D of that Act (supply of information by authorities administering benefit),
In this section “the Northern Ireland Department” means the Department of Health and Social Services for Northern Ireland or the Department for Employment and Learning in Northern Ireland.
In this section— “private pensions policy” means policy relating to— occupational pension schemes or personal pension schemes (within the meaning given by section 1 of the Pension Schemes Act 1993); or occupational pension schemes or private pension schemes within the meaning of Part 1 of the Pensions Act 2008, if they do not fall within paragraph (a); “retirement planning” means promoting financial planning for retirement.
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Subject to the provisions of this Act— are hereby transferred to appeal tribunals constituted under the following provisions of this Chapter.
the functions of social security appeal tribunals, disability appeal tribunals and medical appeal tribunals constituted under Part II of the Administration Act;
the functions of child support appeal tribunals established under section 21 of the Child Support Act; and
the functions of vaccine damage tribunals established by regulations made under section 4 of the Vaccine Damage Payments Act 1979 (“the Vaccine Damage Payments Act”),
Accordingly appeals under— shall be determined by appeal tribunals so constituted (in the following provisions of this Chapter referred to as “appeal tribunals”).
section 12 below;
section 20 of the Child Support Act, as substituted by section 42 below;
section 4 of the Vaccine Damage Payments Act, as substituted by section 46 below; and
section 11 of the Social Security (Recovery of Benefits) Act 1997,
The Lord Chancellor may, after consultation with the Lord Advocate, appoint a President of appeal tribunals.
A person is qualified to be appointed President if—
he satisfies the judicial-appointment eligibility condition on a 7-year basis; or
he is an advocate or solicitor in Scotland of at least 7 years' standing.
Schedule 1 to this Act shall have effect for supplementing this section.
The Lord Chancellor shall constitute a panel of persons to act as members of appeal tribunals.
Subject to subsection (3) below, the panel shall be composed of persons appointed by the Lord Chancellor.
The panel shall include persons possessing such qualifications as may be prescribed by regulations made with the concurrence of the Lord Chancellor.
As part of the selection process for the appointment of a medical practitioner as a member of the panel, the Judicial Appointments Commission shall consult the Chief Medical Officer.
The numbers of persons appointed to the panel, and the terms and conditions of their appointments, shall be determined by the Lord Chancellor with the consent of the Secretary of State.
A person may be removed from the panel by the Lord Chancellor on the ground of incapacity or misbehaviour; but the Lord Chancellor may remove such a person only with the concurrence of the appropriate senior judge.
In this section “the Chief Medical Officer” means—
in relation to England, the Chief Medical Officer of the Department of Health;
in relation to Wales, the Chief Medical Officer of the Welsh Office; and
in relation to Scotland, the Chief Medical Officer of the Scottish Administration.
The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.
Subject to subsection (2) below, an appeal tribunal shall consist of one, two or three members drawn by the President from the panel constituted under section 6 above.
The member, or (as the case may be) at least one member, of an appeal tribunal must—
be a solicitor of the Senior Courts of England and Wales, a barrister in England and Wales or have a qualification that is specified under subsection (6A); or
be an advocate or solicitor in Scotland.
Where an appeal tribunal has more than one member—
the President shall nominate one of the members as chairman;
decisions shall be taken by a majority of votes; and
unless regulations otherwise provide, the chairman shall have any casting vote.
Where it appears to an appeal tribunal that a matter before it involves a question of fact of special difficulty, then, unless regulations otherwise provide, the tribunal may require one or more experts to provide assistance to it in dealing with the question.
In subsection (4) above “expert” means a member of the panel constituted under section 6 above who appears to the appeal tribunal concerned to have knowledge or experience which would be relevant in determining the question of fact of special difficulty.
Regulations shall make provision with respect to—
the composition of appeal tribunals;
the procedure to be followed in allocating cases among differently constituted tribunals; and
the manner in which expert assistance is to be given under subsection (4) above.
The Lord Chancellor may by order specify a qualification for the purposes of subsection (2)(a) above.
Schedule 1 to this Act shall have effect for supplementing this section.
Subsections (2) to (4), (9) and (10) of section 51 of the Tribunals, Courts and Enforcement Act 2007 (contents of orders under subsection (1) of that section, and cessation of effect of such orders) shall apply for the purposes of subsection (6A) above as they apply for the purposes of subsection (1) of that section, but as if the reference in subsection (3) of that section to section 50 of that Act were a reference to this section.
For the purposes of subsection (2)(a) above, a person shall be taken first to become a barrister—
when the person completes pupillage in connection with becoming a barrister, or
in the case of a person not required to undertake pupillage in connection with becoming a barrister, when the person is called to the Bar of England and Wales.
For the purposes of subsection (2)(a) above, a person shall be taken not to be a solicitor or a barrister, or not to have a qualification specified under subsection (6A) above, if as a result of disciplinary proceedings he is prevented from practising as a solicitor or (as the case may be) as a barrister or as a holder of the specified qualification.
Subject to the provisions of this Chapter, it shall be for the Secretary of State—
to decide any claim for a relevant benefit;
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subject to subsection (5) below, to make any decision that falls to be made under or by virtue of a relevant enactment; ...
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Where at any time a claim for a relevant benefit is decided by the Secretary of State—
the claim shall not be regarded as subsisting after that time; and
accordingly, the claimant shall not (without making a further claim) be entitled to the benefit on the basis of circumstances not obtaining at that time.
In this Chapter “relevant benefit” ... means any of the following, namely—
benefit under Parts II to V of the Contributions and Benefits Act;
universal credit;
a jobseeker’s allowance;
state pension or a lump sum under Part 1 of the Pensions Act 2014;
income support;
bereavement support payment under section 30 of the Pensions Act 2014;
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an employment and support allowance;
a social fund payment mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act;
personal independence payment;
child benefit;
state pension credit;
such other benefit as may be prescribed.
a loan under section 18 of the Welfare Reform and Work Act 2016;
In this section “relevant enactment” means any enactment contained in this Chapter, the Contributions and Benefits Act, the Administration Act, the Social Security (Consequential Provisions) Act 1992, the Jobseekers Act, the State Pension Credit Act 2002, Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012, Part 4 of that Act or Part 1 of the Pensions Act 2014, section 30 of that Act or sections 18 to 21 of the Welfare Reform and Work Act 2016, other than one contained in—
Part VII of the Contributions and Benefits Act so far as relating to housing benefit and council tax benefit;
Part VIII of the Administration Act (arrangements for housing benefit and council tax benefit and related subsidies).
Subsection (1)(c) above does not include any decision which under section 8 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 falls to be made by an officer of the Inland Revenue.
under subsection (1) of section 17 of the Contributions and Benefits Act as to whether by regulations under that subsection a person is excepted from liability for Class 4 contributions, or his liability is deferred; or
under regulations made by virtue of subsection (3) or (4) of that section or section 18 of that Act.
... Any decision of the Secretary of State under section 8 above or section 10 below may be revised by the Secretary of State— and regulations may prescribe the procedure by which a decision of the Secretary of State may be so revised.
either within the prescribed period or in prescribed cases or circumstances; and
either on an application made for the purpose or on his own initiative;
In making a decision under subsection (1) above, the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.
Subject to subsections (4) and (5) and section 27 below, a revision under this section shall take effect as from the date on which the original decision took (or was to take) effect.
Regulations may provide that, in prescribed cases or circumstances, a revision under this section shall take effect as from such other date as may be prescribed.
Where a decision is revised under this section, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.
Except in prescribed circumstances, an appeal against a decision of the Secretary of State shall lapse if the decision is revised under this section before the appeal is determined.
Subject to subsection (3) ... below, the following, namely— may be superseded by a decision made by the Secretary of State, either on an application made for the purpose or on his own initiative.
any decision of the Secretary of State under section 8 above or this section, whether as originally made or as revised under section 9 above; ...
any decision under this Chapter of an appeal tribunal or a Commissioner; and
any decision under this Chapter of the First-tier Tribunal or any decision of the Upper Tribunal which relates to any such decision,
In making a decision under subsection (1) above, the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.
Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this section.
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Subject to subsection (6) and section 27 below, a decision under this section shall take effect as from the date on which it is made or, where applicable, the date on which the application was made.
Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed.
In this section—
Regulations may make provision requiring the Secretary of State, where on consideration of any claim or other matter he is of the opinion that there arises any issue which under section 8 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 falls to be decided by an officer of the Inland Revenue, to refer the issue to the Inland Revenue.
Regulations under this section may—
provide for the Inland Revenue to give the Secretary of State a preliminary opinion on any issue referred to them,
specify the circumstances in which an officer of the Inland Revenue is to make a decision under section 8 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 on a reference by the Secretary of State,
enable or require the Secretary of State, in specified circumstances, to deal with any other issue arising on consideration of the claim or other matter pending the decision on the referred issue, and
require the Secretary of State to decide the claim or other matter in accordance with the decision of an officer of the Inland Revenue on the issue referred to them, or in accordance with any determination of the First-tier Tribunal or Upper Tribunal made on appeal from the tribunal’s decision.
Subject to the provisions of this Chapter and the Administration Act, provision may be made by regulations for the making of any decision by the Secretary of State under or in connection with the current legislation, or the former legislation, including a decision on a claim for benefit.
Where it appears to the Secretary of State that a matter before him involves a question of fact requiring special expertise, he may direct that in dealing with that matter he shall have the assistance of one or more experts.
In this section—
“the Vaccine Damage Payments Act” means the Vaccine Damage Payments Act 1979;
“health care professional” means—
“expert” means a person appearing to the Secretary of State to have knowledge or experience which would be relevant in determining the question of fact requiring special expertise;
an adjudicating medical practitioner appointed under section 49 of that Act or a specially qualified adjudicating medical practitioner appointed in accordance with regulations under section 62(2) of that Act; or
This section applies to any decision of the Secretary of State under section 8 or 10 above (whether as originally made or as revised under section 9 above) which—
is made on a claim for, or on an award of, a relevant benefit, and does not fall within Schedule 2 to this Act; or
is made otherwise than on such a claim or award, and falls within Schedule 3 to this Act; ...
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In the case of a decision to which this section applies, the claimant and such other person as may be prescribed shall have a right to appeal to the First-tier Tribunal, but nothing in this subsection shall confer a right of appeal—
in relation to a prescribed decision, or a prescribed determination embodied in or necessary to a decision, or
where regulations under subsection (3A) so provide.
Regulations under subsection (2) above shall not prescribe any decision or determination that relates to the conditions of entitlement to a relevant benefit for which a claim has been validly made or for which no claim is required.
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.
Where the Secretary of State has determined that any amount is recoverable under or by virtue of section 71, 71ZB, 71ZG, 71ZH, or 74 of the Administration Act, any person from whom he has determined that it is recoverable shall have the same right of appeal to the First-tier Tribunal as a claimant.
The regulations may in particular provide that that condition is met only where—
the consideration by the Secretary of State was on an application,
the Secretary of State considered issues of a specified description, or
the consideration by the Secretary of State satisfied any other condition specified in the regulations.
In any case where— that other person shall have the same right of appeal to the First-tier Tribunal as the claimant.
the Secretary of State has made a decision in relation to a claim under Part V of the Contributions and Benefits Act; and
the entitlement to benefit under that Part of that Act of any person other than the claimant is or may be, under Part VI of Schedule 7 to that Act, affected by that decision,
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.
A person with a right of appeal under this section shall be given such notice of a decision to which this section applies and of that right as may be prescribed.
In the case of a decision relating to child benefit or guardian’s allowance, the making of any appeal under this section against the decision as originally made must follow the Commissioners for Her Majesty’s Revenue and Customs first deciding, on an application made for revision of that decision under section 9, not to revise the decision.
Regulations may—
make provision as to the manner in which, and the time within which, appeals are to be brought;
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.
In deciding an appeal under this section, the First-tier Tribunal—
need not consider any issue that is not raised by the appeal; and
shall not take into account any circumstances not obtaining at the time when the decision appealed against was made.
The reference in subsection (1) above to a decision under section 10 above is a reference to a decision superseding any such decision as is mentioned in paragraph (a) or (b) of subsection (1) of that section.
This section applies where an application is made to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under section 12 or this section.
If the person considers that the decision was erroneous in point of law, he may set aside the decision and refer the case either for redetermination by the tribunal or for determination by a differently constituted tribunal.
If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, the First-tier Tribunal shall set aside the decision and refer the case for determination by a differently constituted First-tier Tribunal.
In this section and section 14 below “the principal parties” means—
the persons mentioned in subsection (3)(a) and (b) of that section, and
where applicable, the person mentioned in subsection (3)(d) and such a person as is first mentioned in subsection (4) of that section.
the persons mentioned in subsection (3)(a) and (b) of that section; and
where applicable, the person mentioned in subsection (3)(d) and such a person as is first mentioned in subsection (4) of that section.
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the Secretary of State;
the employee concerned;
the employer concerned;
a trade union, where—
the employee is a member of the union at the time of the appeal and was so immediately before the matter in question arose; or
the matter in question concerns the entitlement of a deceased person who was at the time of his death a member of the union; and
an association of employers of which the employer is a member at the time of the appeal and was so immediately before the matter in question arose.
... an appeal to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 from any decision of the First-Tier Tribunal under section 12 or 13 above lies at the instance of any of the following—
the Secretary of State;
the claimant and such other person as may be prescribed;
in any of the cases mentioned in subsection (5) below, a trade union; and
a person from whom it is determined that any amount is recoverable under or by virtue of section 71 or 74 of the Administration Act.
In a case relating to industrial injuries benefit an appeal to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 from any decision of the First-Tier Tribunal under section 12 or 13 above lies at the instance of a person whose entitlement to benefit is, or may be, under Part VI of Schedule 7 to the Contributions and Benefits Act, affected by the decision appealed against, as well as at the instance of any person or body such as is mentioned in subsection (3) above.
The following are the cases in which an appeal lies at the instance of a trade union—
where the claimant is a member of the union at the time of the appeal and was so immediately before the matter in question arose;
where that matter in any way relates to a deceased person who was a member of the union at the time of his death;
where the case relates to industrial injuries benefit and the claimant or, in relation to industrial death benefit, the deceased, was a member of the union at the time of the relevant accident.
Subsections ... (3) and (5) above, as they apply to a trade union, apply also to any other association which exists to promote the interests and welfare of its members.
If each of the principal parties to the appeal expresses the view that the decision appealed against was erroneous in point of law, the Commissioner may set aside the decision and refer the case to a tribunal with directions for its determination.
Where the Commissioner holds that the decision appealed against was erroneous in point of law, he shall set it aside and—
he shall have power—
to give the decision which he considers the tribunal should have given, if he can do so without making fresh or further findings of fact; or
if he considers it expedient, to make such findings and to give such decision as he considers appropriate in the light of them; and
in any other case he shall refer the case to a tribunal with directions for its determination.
Subject to any direction of the Commissioner, a reference under subsection (7) or (8)(b) above shall be to a differently constituted tribunal.
No appeal lies under this section without the leave—
of the person who constituted, or was the chairman of, the tribunal when the decision was given or, in a prescribed case, the leave of such other person as may be prescribed; or
subject to and in accordance with regulations, of a Commissioner.
Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought and applications made for leave to appeal.
Schedule 4 to this Act shall have effect with respect to the appointment, remuneration and tenure of office of Commissioners and other matters relating to them.
Subject to subsections (2) and (3) below, an appeal on a question of law shall lie to the appropriate court from any decision of a Commissioner.
No appeal under this section shall lie from a decision except—
with the leave of the Commissioner who gave the decision or, in a prescribed case, with the leave of a Commissioner selected in accordance with regulations; or
if he refuses leave, with the leave of the appropriate court.
An application for permission to appeal from a decision of the Upper Tribunal in respect of a decision of the First-tier Tribunal under section 12 or 13 may only be made by— and regulations may make provision with respect to the manner in which and the time within which applications must be made to a Commissioner for leave under this section and with respect to the procedure for dealing with such applications.
a person who, before the proceedings before the Upper Tribunal were begun, was entitled to appeal to the Upper Tribunal from the decision to which the Upper Tribunal’s decision relates;
any other person who was a party to the proceedings in which the first decision mentioned in paragraph (a) above was given;
any other person who is authorised by regulations to apply for permission;
On an application to a Commissioner for leave under this section it shall be the duty of the Commissioner to specify as the appropriate court— except that if it appears to him, having regard to the circumstances of the case and in particular to the convenience of the persons who may be parties to the proposed appeal, that he should specify a different court mentioned in paragraphs (a) to (c) above as the appropriate court, it shall be his duty to specify that court as the appropriate court.
the Court of Appeal if it appears to him that the relevant place is in England or Wales;
the Court of Session if it appears to him that the relevant place is in Scotland; and
the Court of Appeal in Northern Ireland if it appears to him that the relevant place is in Northern Ireland,
In this section—
Sections 5(3) and 7(7).
Subject to the following provisions of this paragraph, the President of appeal tribunals shall hold and vacate office in accordance with the terms of his appointment. The President shall vacate his office on the day on which he attains the age of 75. The President may be removed from office by the Lord Chancellor, with the concurrence of the Lord Chief Justice and the Lord President of the Court of Session, on the ground of incapacity or misbehaviour. Where the Lord Chancellor proposes to exercise a power conferred on him by sub-paragraph (3) above, it shall be his duty to consult the Lord Advocate with respect to the proposal.
The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions or allowances to or in respect of the President as he may determine.
The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions or allowances to or in respect of any person appointed under this Chapter to act as a member of an appeal tribunal, or as an expert to such a tribunal, as he may determine.
The Secretary of State may pay— such travelling and other allowances as he may determine. In this paragraph references to travelling and other allowances include references to compensation for loss of remunerative time but such compensation shall not be paid to any person in respect of any time during which he is in receipt of remuneration under paragraph 3 above.
Subject to sub-paragraph (2) below, the Secretary of State may pay such other expenses in connection with the work of any person or tribunal appointed or constituted under any provision of this Part as he may determine. Expenses are not payable under sub-paragraph (1) above in connection with the work of a tribunal presided over by a Social Security Commissioner.
The Secretary of State may appoint such officers and staff as he thinks fit for the President and for appeal tribunals.
The President shall ensure that appropriate steps are taken by an appeal tribunal to secure the confidentiality, in such circumstances as may be prescribed, of any prescribed material or any prescribed classes or categories of material.
The President shall, after the requisite consultation, arrange such training for persons appointed to the panel constituted under section 6 above as he considers appropriate. In sub-paragraph (1) above “the requisite consultation” means—
The President shall supply the Secretary of State with such reports and other information with respect to the carrying out of the functions of appeal tribunals as the Secretary of State may require.
Each year the President shall make to the Secretary of State and the Child Maintenance and Enforcement Commission a written report, based on the cases coming before appeal tribunals, on the standards achieved by the Secretary of State and the Child Maintenance and Enforcement Commission in the making of decisions against which an appeal lies to an appeal tribunal; and the Secretary of State shall publish the report.
The Secretary of State may by regulations provide—
for clerks to be assigned to service appeal tribunals; and
for clerks so assigned to be responsible for summoning members of the panel constituted under section 6 above to serve on such tribunals.
The Secretary of State may by regulations provide— A determination which would have the effect of preventing an appeal, application for leave to appeal or reference being determined by an appeal tribunal is not a determination of the appeal, application or reference for the purposes of sub-paragraph (1) above.
A document bearing a certificate which— shall be conclusive evidence of the decision; and a certificate purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
is signed by a person authorised in that behalf by the Secretary of State; and
states that the document, apart from the certificate, is a record of a decision of an appeal tribunal or of an officer of the Secretary of State,
Section 12(1).
In relation to a person who has reached the age of 16 but not the age of 18, a decision—
whether section 16 of the Jobseekers Act is to apply to him; or
whether to issue a certificate under section 17(4) of that Act.
A decision whether a person is entitled to payment under section 148 of the Contributions and Benefits Act.
A decision as to whether a person has entitlement under section 70(7ZA), (7ZC) or (7ZE) of the Contributions and Benefits Act.
A decision as to the exercise of the discretion under paragraph 5 of Schedule 10 to the Contributions and Benefits Act.
A decision whether to certify, in accordance with regulations made under section 64(1), 71(6), 113(1) or 119 of the Contributions and Benefits Act, that it is consistent with the proper administration of that Act to treat a person as though he were present in Great Britain.
A decision as to the amount of benefit to which a person is entitled, where it appears to the Secretary of State that the amount is determined by—
the rate of benefit provided for by law; or
an alteration of a kind referred to in—
section 159(1)(b) of the Administration Act (income support); ...
section 159A(1)(b) of that Act (jobseeker’s allowance); ...
section 159B(1)(b) of that Act (state pension credit), or
section 159C(1)(b) of that Act (employment and support allowance); or
section 159D(1)(b) of that Act (universal credit).
A decision terminating or reducing the amount of a person’s benefit made in consequence of any decision made under regulations under section 2A or 2AA of the Administration Act (work-focused interviews).
A decision as to the amount of benefit to which a person is entitled, where it appears to the Secretary of State that the amount is determined by the recipient’s entitlement to an increased amount of income support or income-based jobseeker’s allowance in the circumstances referred to in section 160(2) or 160A(2) of the Administration Act.
A decision to reduce the amount of a person’s benefit in accordance with a reduced benefit decision (within the meaning of section 46 of the Child Support Act).
Such other decisions as may be prescribed.
A decision to apply the benefit cap in accordance with regulations under section 96 of the Welfare Reform Act 2012.
Section 12(1).
In such cases or circumstances as may be prescribed, a decision whether a person is entitled to a relevant benefit for which no claim is required.
If so, a decision as to the amount to which he is entitled.
A decision whether a relevant benefit (or a component of a relevant benefit) to which a person is entitled is not payable by reason of—
any provision of the Contributions and Benefits Act by which the person is disqualified for receiving benefit;
regulations made under section 72(8) of that Act (disability living allowance);
regulations made under section 113(2) of that Act (suspension of payment); or
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section 6B, 7, 8 or 9 of the Social Security Fraud Act 2001; ...
section 18 of the Welfare Reform Act 2007;
regulations made under section 85(1) or 86(1) of the Welfare Reform Act 2012;
section 87 of that Act.
A decision as to the amount of a relevant benefit that is payable to a person by virtue of regulations under section 6B, 7, 8 or 9 of the Social Security Fraud Act 2001.
Except in such cases or circumstances as may be prescribed, a decision whether the whole or part of a benefit to which a person is entitled is, by virtue of regulations, to be paid to a person other than him.
A decision whether payment is recoverable under section 71 or 71A of the Administration Act.
If so, a decision as to the amount of payment recoverable.
A decision as to whether payment of housing credit (within the meaning of the State Pension Credit Act 2002) is recoverable under section 71ZB of the Administration Act.
A decision as to the amount of payment recoverable under section 71ZB, 71ZG or 71ZH of the Administration Act.
A decision whether an accident was an industrial accident for the purposes of industrial injuries benefit.
A decision that a state pension under Part 1 of the Pensions Act 2014 is not payable by reason of regulations under section 19 of that Act (prisoners).
A decision that a person is not entitled to increases in the rate of a state pension under Part 1 of the Pensions Act 2014 by reason of regulations under section 20 of that Act (overseas residents).
A decision in relation to a jobseeker’s agreement as proposed to be made under section 9 of the Jobseekers Act, or as proposed to be varied under section 10 of that Act.
Such other decisions relating to a relevant benefit as may be prescribed.
A decision whether to specify a period as an assessed income period under section 6 of the State Pension Credit Act 2002.
If so, a decision as to the period to be so specified.
A decision whether an assessed income period comes to an end by virtue of section 9(4) or (5) of that Act.
If so, a decision as to when the assessed income period so ends.
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A decision whether a person was (within the meaning of regulations) precluded from regular employment by responsibilities at home.
A decision whether a person is entitled to be credited with earnings or contributions in accordance with regulations made under section 22(5) or (5ZA) of the Contributions and Benefits Act.
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paragraph 7A(2) or 7B(2)(h) of Schedule 1 to the Contributions and Benefits Act; or
section 113(1)(a) or 114A(1) of the Administration Act.
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paragraph 7A(3)(e) or 7B(5)(e) of Schedule 1 to the Contributions and Benefits Act; or
section 113(2)(e) or 114A(3)(e) of the Administration Act.
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Section 14(12).
Her Majesty may from time to time appoint, from among persons who satisfy the judicial-appointment eligibility condition on a 7-year basis or advocates or solicitors in Scotland of at least 7 years' standing— If the Lord Chancellor considers that, in order to facilitate the disposal of the business of Social Security Commissioners, he should make an appointment in pursuance of this sub-paragraph, he may appoint— to be a Social Security Commissioner (but to be known as a deputy Commissioner) for such period or on such occasions as the Lord Chancellor thinks fit. In this paragraph “10 year general qualification” shall be construed in accordance with section 71 of the Courts and Legal Services Act 1990.
The Lord Chancellor shall pay to a Commissioner such salary or other remuneration, and such expenses incurred in connection with the work of a Commissioner or any tribunal presided over by a Commissioner, as he may determine.
The Lord Chancellor or, in Scotland, the Secretary of State may pay to any person who attends any proceedings under section 14 of this Act, under section 6A of the Pensions Appeal Tribunals Act 1943or under paragraph 8 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 such travelling and other allowances as he may determine. In this paragraph the reference to travelling and other allowances includes a reference to compensation for loss of remunerative time.
Commissioners shall vacate their offices on the day on which they attain the age of 75. Nothing in sub-paragraph (1) above or in section 13 or 32 of the Judicial Pensions Act 1981 (which relate to pensions for Commissioners) shall apply to a person by virtue of his appointment in pursuance of paragraph 1(2) above.
A Commissioner may be removed from office by the Lord Chancellor on the ground of incapacity or misbehaviour. The Lord Chancellor may remove a person under sub-paragraph (1) only with the concurrence of the appropriate senior judge. The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the person exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session. Nothing in sub-paragraph (1) above applies to a Commissioner appointed before 23rd May 1980.
The Lord Chancellor may by regulations provide—
for officers authorised by the Lord Chancellor or, in Scotland, by the Secretary of State to make any determinations which fall to be made by Commissioners;
for the procedure to be followed by such officers in making such determinations;
for the manner in which such determinations by such officers may be called in question.
A document bearing a certificate which— shall be conclusive evidence of the decision; and a certificate purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
is signed by a person authorised in that behalf by the Secretary of State; and
states that the document, apart from the certificate, is a record of a decision of a Commissioner,
Where the Lord Chancellor proposes to exercise a power conferred on him by paragraph 1(2), 5(1) or 6 above, it shall be his duty to consult the Lord Advocate with respect to the proposal.
Section 16(1).
Provision prescribing the procedure to be followed in connection with—
the making of decisions or determinations by the Secretary of State , an appeal tribunal or a Commissioner; and
the withdrawal of claims, applications, appeals or references falling to be decided or determined by the Secretary of State , an appeal tribunal or a Commissioner.
Provision as to the striking out or reinstatement of proceedings.
Provision as to the form which is to be used for any document, the evidence which is to be required and the circumstances in which any official record or certificate is to be sufficient or conclusive evidence.
Provision as to the time within which, or the manner in which—
any evidence is to be produced; or
any application, reference or appeal is to be made.
Provision for summoning persons to attend and give evidence or produce documents and for authorising the administration of oaths to witnesses.
Provision with respect to the procedure to be followed on appeals to and in other proceedings before appeal tribunals.
Provision for authorising an appeal tribunal consisting of two or more members to proceed with any case, with the consent of the claimant, in the absence of any member.
Provision for empowering an appeal tribunal to give directions for the disposal of any purported appeal which the tribunal is satisfied that it does not have jurisdiction to entertain.
Provision for the non-disclosure to a person of the particulars of any medical advice or medical evidence given or submitted for the purposes of a determination.
Section 83.
In relation to any time before the commencement of section 7 of this Act so far as it relates to appeals under section 12 of this Act, section 41 of the Administration Act (constitution of social security appeal tribunals) shall have effect as if—
in subsection (1), for the words “and two other persons” there were substituted the words “sitting either alone or with one or two other persons”;
in subsection (2), for the words “The members other than the chairman” there were substituted the words “Any members other than the chairman”; and
for subsection (6) there were substituted the following subsection—
In relation to any time before the commencement of section 8(2) of this Act, section 21 of the Administration Act (decision of adjudication officer) shall have effect as if after subsection (6) there were inserted the following subsection—
In relation to appeals brought after the passing of this Act and any time before the commencement of section 12(8)(b) of this Act, section 22 of the Administration Act (appeal to social security appeal tribunal) shall have effect as if after subsection (7) there were inserted the following subsection— In relation to such appeals and any such time, section 33 of that Act (appeals following reviews) shall have effect as if after subsection (6) there were inserted the following subsection—
In relation to any time before the commencement of section 14(7) of this Act, section 23 of the Administration Act (appeal from social security appeal tribunal to Commissioner) shall have effect as if— In relation to any such time, section 34 of that Act (appeal from social security appeal tribunals or disability appeal tribunals to Commissioners etc.) shall have effect as if, in subsection (4), for the words “(7) to (10) of section 23” there were substituted the words “(6A) to (10) of section 23”. In relation to any such time, section 48 of that Act (appeal etc. on question of law to Commissioner) shall have effect as if—
In relation to any time before the commencement of section 21(2)(d) of this Act, section 5(1) of the Administration Act (regulations about claims for and payments of benefits) shall have effect as if after paragraph (n) there were inserted the following paragraph—. In relation to any such time, paragraph 10(2) of Schedule 1 to the Jobseekers Act (supplementary provisions) shall have effect as if for the words “section 5(1)(n)” there were substituted the words “section 5(1)(n) or (nn)”.
In relation to applications under section 26(1) or 30 of the Administration Act made after the passing of this Act and any time before the commencement of section 27 above, section 69 of that Act shall have effect as if after subsection (1) there were inserted the following subsection—
In relation to any time before the commencement of section 38 of this Act, section 66 of the Administration Act (reviews) shall have effect as if—
after paragraph (a) of subsection (1) there were inserted the following paragraph—;
after subsection (5) there were inserted the following subsection—;
for subsection (6) there were substituted the following subsection—;
in subsection (7) of that section, after the word “review” there were inserted the words “under subsection (1)(a) or (b) above”;
after that subsection there were inserted the following subsections—;
in subsection (9), for the words “this section”, in the first place where they occur, there were substituted the words “subsection (1)(a) or (b) above”; and
in subsection (10), after the word “determination”, in the first place where it occurs, there were inserted the words “which has been reviewed under subsection (1)(a) or (b) above”.
In relation to any time before the commencement of sections 9, 10 and 38 of this Act, section 71ZA of the Administration Act (overpayments out of social fund) shall have effect as if for subsection (2) there were substituted the following subsection—
In relation to appeals brought after the passing of this Act and any time before the commencement of section 42 of this Act, section 20 of the Child Support Act (appeals) shall have effect as if after subsection (4) there were inserted the following subsection—
Section 86(1).
In section 150A(3) of the Army Act 1955 (enforcement of maintenance assessment by deductions from pay), for the words “a child support officer” there shall be substituted the words “the Secretary of State”.
In section 150A(3) of the Air Force Act 1955 (enforcement of maintenance assessment by deductions from pay), for the words “a child support officer” there shall be substituted the words “the Secretary of State”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tribunals constituted in Great Britain under regulations made under section 4 of the Vaccine Damage Payments Act 1979 Child support appeal tribunals constituted under section 21 of the Child Support Act 1991 Social security appeal tribunals constituted under section 41 of the Social Security Administration Act 1992 Disability appeal tribunals constituted under section 43 of that Act Medical appeal tribunals constituted under section 50 of that Act
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), in the entry relating to an adjudicating medical practitioner or specially qualified adjudicating medical practitioner, the words “Part II of the Social Security Administration Act 1992 or” shall cease to have effect. Regional or other full-time chairman of a child support appeal tribunal established under section 21 of the Child Support Act 1991 A regional or other full-time Chairman of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals Chief Adjudication Officer appointed under section 39 of the Social Security Administration Act 1992 Chief Child Support Officer appointed under section 13(3) of the Child Support Act 1991 Member of a Medical Appeal Tribunal appointed under section 50 of the Social Security Administration Act 1992 Member of a panel appointed under section 6 of the Tribunals and Inquiries Act 1992 of persons to act as chairmen of Child Support Appeal Tribunals Member of a panel appointed under section 6 of the Tribunals and Inquiries Act 1992 of persons to act as chairmen of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals Member of a panel of persons who may be appointed to serve on a Vaccine Damage Tribunal President of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals Member of a panel of persons appointed under section 6 of the Social Security Act 1998 President of appeal tribunals (within the meaning of Chapter I of Part I of the Social Security Act 1998) appointed under section 5 of that Act
In subsection (4) of section 3 of the Vaccine Damage Payments Act (determination of claims), for the words from “that, if an application” to the end there shall be substituted the words “of the right of appeal conferred by section 4 below”.
In section 5 of that Act (reconsideration of determinations and recovery of payments in certain cases), subsections (1) to (3) and (5) shall cease to have effect.
In subsection (3) of section 7 of that Act (payments, claims etc. made prior to Act)— In subsection (4) of that section, for the words “Subsections (4) and (5) of section 5 above” there shall be substituted the words “Section 5(4) above”.
After section 7A of that Act there shall be inserted the following section—
In subsection (3) of section 8 of that Act (regulations)—
for the words “a reconsideration under section 5 above”, in both places where they occur, there shall be substituted the words “a decision under section 3A above”; and
for the words “the tribunals constituted under section 4 above” there shall be substituted the words “appeal tribunals”.
In section 12 of that Act (financial provisions), subsection (1) shall cease to have effect.
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In subsection (5)(f) of section 1 (competence of time to pay direction) and subsection (4)(f) of section 5 (competence of time to pay order) of the Debtors (Scotland) Act 1987—
the word “; or” after sub-paragraph (ii) shall cease to have effect; and
after sub-paragraph (iii) there shall be inserted the words or
In section 106 of that Act (interpretation), in the definition of “summary warrant”, after paragraph (c) there shall be inserted the following paragraph—.
In paragraph 35 of Schedule 5 to that Act (interpretation), in the definition of “creditor”, after paragraph (d) there shall be inserted the following paragraph—.
In paragraph 7A of Schedule 2 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (recovery of outstanding community charge by deductions from income support or jobseeker’s allowance), for the words “appeals and reviews” in sub-paragraph (2)(a) there shall be substituted the words “appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act”.
In subsection (3) of section 172 of the Income and Corporation Taxes Act 1988 (exceptions from tax)—
for the words “Class 1 contributions” there shall be substituted the words “secondary Class 1 contributions”; ...
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In sub-paragraph (2)(a) of paragraph 6 of Schedule 4 to the Local Government Finance Act 1988 (recovery of outstanding community charge by deductions from income support or jobseeker’s allowance), for the words “appeals and reviews” there shall be substituted the words “appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act”.
In section 2 of the Child Support Act (welfare of children: the general principle), the words “or any child support officer” shall cease to have effect.
In subsection (4) of section 4 of that Act (child support maintenance), the words “or the child support officer” shall cease to have effect.
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In subsection (5) of section 7 of that Act (right of child in Scotland to apply for assessment), the words “or the child support officer” shall cease to have effect.
In subsections (1) and (2) of section 8 of that Act (role of courts with respect to maintenance for children), for the words “a child support officer” there shall be substituted the words “the Secretary of State”.
In subsection (4) of section 10 of that Act (relationship between maintenance assessments and certain court orders)— In subsection (5) of that section, for the words “a child support officer” there shall be substituted the words “an officer of the Secretary of State”.
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Section 13 of that Act (child support officers) shall cease to have effect.
In section 14 of that Act (information required by Secretary of State)—
subsections (2) and (2A) shall cease to have effect; and
in subsection (3), the words “or by child support officers” shall cease to have effect and for the word “them” there shall be substituted the word “him”.
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In subsection (1) of section 26 of that Act (disputes about parentage), for the words “the child support officer concerned” there shall be substituted the words “the Secretary of State”. In subsection (2) of that section, in Case E, for the words “the child support officer” there shall be substituted the words “the Secretary of State”.
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In subsection (1) of section 28 of that Act (power of Secretary of State to initiate or defend actions of declarator: Scotland), for the words “a child support officer to whom the case is referred” there shall be substituted the words “the Secretary of State”.
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In subsection (1) of section 44 of that Act (jurisdiction), for the words “A child support officer” there shall be substituted the words “The Secretary of State”.
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After that section there shall be inserted the following sections—
In subsection (5) of section 50 of that Act (unauthorised disclosure of information), in paragraph (c), after the words “other officer of,” there shall be inserted the words “an appeal tribunal or”.
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in paragraph (a), for sub-paragraph (iii) there shall be substituted the following sub-paragraph—; and
in paragraph (b), for the words “section 18 or 19” there shall be substituted the words “Schedule 4C”.
In section 54 of that Act (interpretation)—
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the definitions of “adjudication officer”, “Chief Adjudication Officer”, “Chief Child Support Officer”, “child support appeal tribunal” and “child support officer” shall cease to have effect.
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Paragraph 2 of Schedule 2 to that Act (local authority records) shall cease to have effect.
Schedule 3 to that Act (child support appeal tribunals) shall cease to have effect.
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In subsection (2)(b) of section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from income support or jobseeker’s allowance), for the words “appeals and reviews” there shall be substituted the words “appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act”.
In subsection (2) of section 1 of the Contributions and Benefits Act (outline of contributory system), for the word “five” there shall be substituted the word “six” and after paragraph (b) there shall be inserted the following paragraph—. In subsection (4)(a) of that section after “1A,” there shall be inserted “1B,”. In subsection (6) of that section, after the words “Class 1A”, in both places where they occur, there shall be inserted the words “, Class 1B”.
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After subsection (3) of section 14 of that Act (restriction on right to pay Class 3 contributions) there shall be inserted the following subsection—
After subsection (5) of section 21 of that Act (contribution conditions) there shall be inserted the following subsection—
In subsection (4) of section 22 of that Act (earnings factors), for the words “upon which” there shall be substituted the words “in respect of which”.
In subsection (2) of section 54 of that Act (Category A and Category B retirement pensions: supplemental provisions), for the words “Part II of the Administration Act” there shall be substituted the words “Chapter II of Part I of the Social Security Act 1998”.
In subsection (5)(c) of section 95 of that Act (relevant employments), after the words “the Administration Act” there shall be inserted the words “, or Chapter II of Part I of the Social Security Act 1998,”.
In subsection (1)(b) of section 97 of that Act (accidents in the course of illegal employments), for the words “section 44 of the Administration Act” there shall be substituted the words “section 29 of the Social Security Act 1998”.
In subsection (2) of section 109 of that Act (general provisions relating to benefit under section 108)—
in paragraph (a), for the words “or the Administration Act” there shall be substituted the words “, the Administration Act or Chapter II of Part I of the Social Security Act 1998”;
in paragraph (b), for the words “and that Act” there shall be substituted the words “, that Act and that Chapter”;
for the words “the Administration Act”, in the second place where they occur, there shall be substituted the words “that Act and that Chapter”; and
after the words “section 1” there shall be inserted the words “of that Act”.
In subsection (3) of section 113 of that Act (general provisions as to disqualification and suspension), for the words “or the Administration Act” there shall be substituted the words “, the Administration Act or Chapter II of Part I of the Social Security Act 1998”.
In subsection (2) of section 116 of that Act (Her Majesty’s forces), for the words “provision of Part II of the Administration Act which replaces” there shall be substituted the words “provisions of Chapter II of Part I of the Social Security Act 1998 which correspond to”.
In subsection (1) of section 117 of that Act (mariners, airmen etc.), for the words “provision of Part II of the Administration Act which replaces” there shall be substituted the words “provisions of Chapter II of Part I of the Social Security Act 1998 which correspond to”.
In section 119 of that Act (persons outside Great Britain), for the words “provision of Part II of the Administration Act which replaces” there shall be substituted the words “provisions of Chapter II of Part I of the Social Security Act 1998 which correspond to”.
In subsection (1) of section 120 of that Act (employment at sea: continental shelf operations), for the words “provision of Part II of the Administration Act which replaces” there shall be substituted the words “provisions of Chapter II of Part I of the Social Security Act 1998 which correspond to”.
In subsection (1) of section 122 of that Act (interpretation of Parts I to VI and supplementary provisions)—
in the definition of “entitled”, for the words “and 68 of the Administration Act” there shall be substituted the words “of the Administration Act and section 27 of the Social Security Act 1998”;
the definitions of “initial primary percentage” and “main primary percentage” shall cease to have effect;
“lower earnings limit”, “upper earnings limit” and “earnings threshold” are to be construed in accordance with subsection (1) of section 5 above, and references to the lower or upper earnings limit, or to the earnings threshold, of a tax year are to whatever is (or was) for that year the limit or threshold in force under that subsection;
“PAYE settlement agreement” has the same meaning as in section 206A of the Income and Corporation Taxes Act 1988;
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For subsection (1) of section 139 of that Act (awards by social fund officers) there shall be substituted the following subsection— In subsection (2) of that section, for the words “A social fund officer” there shall be substituted the words “An appropriate officer”. Subsection (3) of that section shall cease to have effect. In subsection (4) of that section, for the words “that is to be repayable” there shall be substituted the words “of a crisis loan or a budgeting loan”. In subsection (5) of that section, for the words “the social fund officer” there shall be substituted the words “the appropriate officer”.
In subsection (1) of section 140 of that Act (principles of determination), for the words “a social fund officer” there shall be substituted the words “an appropriate officer”. In subsection (2) of that section, for the words “A social fund officer” there shall be substituted the words “An appropriate officer”. In subsection (3) of that section, for the words “a social fund officer or group of social fund officers” there shall be substituted the words “an appropriate officer or group of appropriate officers”. In subsection (4) of that section— In subsection (5) of that section—
In subsection (1) of section 163 of that Act (interpretation of Part XI), in the definition of “employer”, after the words “but for” there shall be inserted the words “the condition in”.
In subsection (1) of section 171 of that Act (interpretation of Part XII), in the definition of “employer”, after the words “but for” there shall be inserted the words “the condition in”.
In subsection (2) of section 171E of that Act (incapacity for work: disqualification etc.), for the words “Part II of the Administration Act” there shall be substituted the words “Chapter II of Part I of the Social Security Act 1998”.
In the heading to Schedule 1 to that Act (supplementary provisions relating to contributions of Classes 1, 1A, 2 and 3), after “1A,” there shall be inserted “1B,”. Where earnings in respect of employments which include any contracted-out employment and any employment which is not a contracted-out employment are aggregated under sub-paragraph (1) above, then, except as may be provided by regulations— In sub-paragraph (3) of that paragraph, immediately before the words “does not exceed”, in each place where they occur, there shall be inserted the words “exceeds the current lower earnings limit and”. In sub-paragraph (6) of that paragraph— In sub-paragraph (1) of paragraph 3 of that Schedule, for the words “his own secondary contribution” there shall be substituted the words “any secondary contribution of his own”. For paragraph 5 of that Schedule there shall be substituted the following paragraph— After that paragraph there shall be inserted the following paragraph— In sub-paragraph (1) of paragraph 6 of that Schedule, for paragraph (a) there shall be substituted the following paragraph—. In sub-paragraph (2) of that paragraph— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulations under this paragraph shall not require the payment of interest on a sum due in respect of a Class 1B contribution if a relevant tax appeal has been brought but not finally determined; and “a relevant tax appeal” means an appeal against a determination as to the amount of income tax in respect of which the person liable to pay the Class 1B contribution is accountable in accordance with the relevant PAYE settlement agreement. In sub-paragraph (11)(a) of paragraph 7 of that Schedule, for the words “and Class 1A” there shall be substituted the words “, Class 1A and Class 1B”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In paragraph (b) of sub-paragraph (1) of paragraph 8 of that Schedule, after the words “Class 1A” there shall be inserted the words “or Class 1B”. After paragraph (i) of that sub-paragraph there shall be inserted the following paragraph—. In paragraph (l) of that sub-paragraph—
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for paragraph (a) there shall be substituted the following paragraph—; and
for the word “determination” there shall be substituted the word “decision”.
In subsection (1) of section 5 of that Act (regulations about claims for and payments of benefit)— Subsection (4) of that section shall cease to have effect.
In subsection (1) of section 6 of that Act (regulations about council tax benefit administration), paragraphs (n) and (o) shall cease to have effect.
In subsection (2) of section 71 of that Act (overpayments: general), after the word “shall” there shall be inserted the words “in the case of the Secretary of State or a tribunal, and may in the case of a Commissioner or a court”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In subsection (5A) of that section, for the words “revised on a review” there shall be substituted the words “has been revised under section 9 or superseded under section 10 of the Social Security Act 1998”.
In subsection (1) of section 71A of that Act (recovery of jobseeker’s allowance: severe hardship cases)—
for the words “an adjudication officer”, in both places where they occur, there shall be substituted the words “the Secretary of State”; and
for the words “the Secretary of State” there shall be substituted the word “he”.
In section 116 of that Act (legal proceedings), subsection (6) shall cease to have effect.
For section 117 of that Act there shall be substituted the following section—
Subsection (2) of section 119 of that Act (recovery of unpaid contributions on prosecution) shall cease to have effect.
In subsection (1) of section 120 of that Act (proof of previous offences), the words “or (2)(a)” shall cease to have effect. In subsection (3) of that section— In subsection (4) of that section— If the offence is one of failure to pay a Class 1B contribution, evidence may be given of failure on his part to pay such contributions, or any Class 1 or Class 1A contributions or contributions equivalent premiums, on the date of the offence, or during the 6 years preceding that date. In subsection (5) of that section— In subsection (6) of that section, after the word “(4),” there shall be inserted the word “(4A)”.
In subsections (1) and (2) of section 121 of that Act (unpaid contributions: supplementary), the words “or (2)(a)” shall cease to have effect.
In subsection (6A) of section 123 of that Act (unauthorised disclosure of information relating to particular persons), for the words “section 54 above” there shall be substituted the words “section 19 of the Social Security Act 1998”.
In subsection (1) of section 125 of that Act (regulations as to notification of deaths), after the words “the Social Security (Recovery of Benefits) Act 1997” there shall be inserted the words “, the Social Security Act 1998”.
In subsection (1) of section 143 of that Act (power to alter contributions with a view to adjusting level of National Insurance Fund), for paragraphs (a) and (b) there shall be substituted the following paragraphs—. In subsection (4) of that section, for paragraph (a) there shall be substituted the following paragraph—.
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For subsections (1) to (3) of section 145 of that Act (power to alter primary and secondary contributions) there shall be substituted the following subsections—
Section 146 of that Act (power to alter number of secondary earnings brackets) shall cease to have effect.
In subsections (1), (2) and (3) of section 147 of that Act (orders under sections 145 and 146: supplementary), the words “or 146” shall cease to have effect.
In subsection (2) of section 159 of that Act (effect of alteration in the component rates of income support), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.
In subsection (3) of section 159A of that Act (effect of alteration of rates of a jobseeker’s allowance), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.
In subsection (2) of section 160 of that Act (implementation of increases in income support due to attainment of particular ages), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.
In subsection (2) of section 160A of that Act (implementation of increases in income-based jobseeker’s allowance due to attainment of particular ages), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.
After subsection (2) of section 162 of that Act (destination of contributions) there shall be inserted the following subsection— After subsection (4) of that section there shall be inserted the following subsection— In subsection (5)(b) of that section, for the words “those contributions” there shall be substituted the words “primary Class 1 contributions”. In subsection (8)(b) of that section, after the words “paragraph (c)” there shall be inserted the words “or (ca)”.
In subsection (4) of section 163 of that Act (general financial arrangements), after the words “Class 1A” there shall be inserted the words “or 1B”. In subsection (5) of that section, after the words “paragraph 6”, in the first place where they occur, there shall be inserted the words “or 7B”.
In section 164 of that Act (destination of payments etc.), subsection (5)(a) shall cease to have effect.
In subsection (1) of section 166 of that Act (financial review and report), in paragraph (d), for the words “so far as it relates” there shall be substituted the words “and Chapter II of Part I of the Social Security Act 1998 so far as they relate”. In subsection (2) of that section, in paragraph (c), for the words “so far as it relates” there shall be substituted the words “and Chapter II of Part I of the Social Security Act 1998 so far as they relate”.
In subsection (3)(a) of section 168 of that Act (allocations from social fund), for the words “a particular social fund officer or group of social fund officers” there shall be substituted the words “a particular appropriate officer or group of appropriate officers”. In subsection (5) of that section, for the words “social fund officers”, in each place where they occur, there shall be substituted the words “appropriate officers”. After that subsection there shall be inserted the following subsection—
In subsection (5) of section 170 of that Act (the Social Security Advisory Committee)—
in the definition of “the relevant enactments”, after paragraph (ac) there shall be inserted the following paragraph—; and
in the definition of “the relevant Northern Ireland enactments”, after paragraph (ac) there shall be inserted the following paragraph—.
In subsection (5) of section 177 of that Act (co-ordination with Northern Ireland)—
in paragraph (a), after the words “Jobseekers Act 1995” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”; and
in paragraph (b), after the words “Jobseekers Act 1995” there shall be inserted the words “, any enactment in Northern Ireland corresponding to Chapter II of Part I of the Social Security Act 1998”.
In subsection (1) of section 178 of that Act (reciprocal arrangements with Northern Ireland: income-related benefits and child benefit), after the words “Jobseekers Act 1995” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”. In subsection (3) of that section, after the words “Jobseekers Act 1995”, in each place where they occur, there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”.
In subsection (3)(a) of section 179 of that Act (reciprocal agreements with countries outside the United Kingdom), after the words “Jobseekers Act 1995” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”. After subsection (4)(aa) of that section there shall be inserted the following paragraph—.
In section 180 of that Act (payment of travelling expenses by Secretary of State)—
in paragraph (a), after the words “the Social Security (Recovery of Benefits) Act 1997” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”; and
in paragraph (b)(i), after the words “the Social Security (Recovery of Benefits) Act 1997” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”.
In section 189 of that Act (regulations and orders: general), the following shall cease to have effect, namely—
in subsection (1), the words “subsection (2) below and to”;
subsection (2);
in subsection (4), the words “24 or”;
in subsection (5), the words “(other than the power conferred by section 24 above)”;
in subsection (6), the word “24,”; and
subsection (10).
In subsection (1)(a) of section 190 of that Act (instruments containing provisions under certain provisions to be subject to the affirmative Parliamentary procedure)— Subsection (4) of that section shall cease to have effect.
In section 191 of that Act (interpretation)—
the definitions of “Commissioner”, “the disablement questions”, “5 year general qualification”, “President” and “10 year general qualification” shall cease to have effect; and
in the definition of “claimant” (in relation to industrial injuries benefit), for the words “section 44 above” there shall be substituted the words “section 29 of the Social Security Act 1998”.
In subsection (5) of section 192 of that Act (short title, commencement and extent), the words “section 24;” shall cease to have effect.
In Part I of Schedule 4 to that Act (persons employed in social security administration or adjudication)—
the entry headed “Adjudication officers” shall cease to have effect;
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in the entry headed “The Social Fund”, the words “A social fund officer” shall cease to have effect; and
A Chief Adjudication Officer. An adjudication officer. A social fund officer. A clerk to, or other officer or member of the staff of, the former social security appeal tribunal, the former disability appeal tribunal or the former medical appeal tribunal.
In Part I of Schedule 7 to that Act (regulations not requiring prior submission to Social Security Advisory Committee), in paragraph 3(a), for the words “section 141, 143 or 145 above” there shall be substituted the words “section 141, 143, 143A or 145 above”. In Part II of that Schedule (regulations not requiring prior submission to Industrial Injuries Advisory Council), in paragraph 12, for the words “section 141, 143 or 150 above” there shall be substituted the words “section 141, 143, 143A or 150 above”.
In paragraph 1(6) of Schedule 9 to that Act (old cases payments administration), after the words “this Act” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”.
In sub-paragraph (1) of paragraph 3 of Schedule 10 to that Act (supplementary benefit), for the words “Sections 20 to 29, 36 to 43, 51 to 61” there shall be substituted the words “Sections 8 to 18, 29 to 31 and 39 of the Social Security Act 1998”. In sub-paragraph (2) of that paragraph, for the words “section 59 above” there shall be substituted the words “section 16 of the Social Security Act 1998”.
In sub-paragraph (2)(a) of paragraph 6 of Schedule 4 to the Local Government Finance Act 1992 (recovery of council tax etc. by deductions from income support or jobseeker’s allowance), for the words “appeals and reviews” there shall be substituted the words “appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act”.
In subsection (3) of section 6 of the Tribunals and Inquiries Act 1992 (appointment of chairmen of certain tribunals), for the words “paragraph 7, 38(a), 41(a), (b), (c) or (e) or 43” there shall be substituted the words “paragraph 7(b) or 38(a)”. Subsection (4) of that section shall cease to have effect.
In subsection (2) of section 7 of that Act (concurrence required for removal of members of certain tribunals), for “43, 48 or 56(a)” there shall be substituted “48 or 56(a)”.
In subsection (5) of section 13 of that Act (power to apply Act to additional tribunals and to repeal or amend certain provisions)—
in paragraph (a), for “35(a) and (d)” there shall be substituted “35(d)”; and
paragraph (b) shall cease to have effect.
In paragraph 7 of Schedule 1 to that Act (tribunals under direct supervision of Council)— In paragraph 41 of that Schedule—
Paragraph 3 of Schedule 2 to that Act (transitory provisions) shall cease to have effect. In paragraph 4 of that Schedule—
In Part II of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (other appointments)— Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals Chairman of child support appeal tribunals
In Schedule 5 to that Act (retirement provisions: the relevant offices)— Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals Chairman of child support appeal tribunals Chairman of vaccine damage tribunals
In paragraph 5(5) of Schedule 7 to that Act (ascertainment of potential retirement date), sub-paragraphs (iii) and (iv) shall cease to have effect.
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For subsections (1) and (1A) of section 41 of that Act (reduced rates of Class 1 contributions) there shall be substituted the following subsections—
For subsections (1) and (2) of section 42A of that Act (reduced rates of Class 1 contributions, and rebates) there shall be substituted the following subsections—
In subsection (6)(c) of section 158 of that Act (disclosure of information between government departments etc.), for the words “sections 17 to 62 of the Social Security Administration Act 1992” there shall be substituted the words “Chapter II of Part I of the Social Security Act 1998”.
In subsection (3) of section 167 of that Act (application of general provisions relating to administration of social security), for the words “Section 58 of that Act (regulations as to determination of questions and matters arising out of, or pending, reviews and appeals)” there shall be substituted the words “Section 11 of the Social Security Act 1998 (regulations with respect to decisions)”. Subsection (4) of that section shall cease to have effect.
For section 170 of that Act there shall be substituted the following section—
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After subsection (3) of section 2 of the Jobseekers Act (the contribution-based conditions) there shall be inserted the following subsection—
In subsection (6) of section 6 of that Act (availability for employment)— In subsection (8) of that section, for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.
In subsection (7) of section 7 of that Act (actively seeking employment)—
the words “(“the first determination”)” shall cease to have effect; and
for the words “on a review of the first determination” there shall be substituted the words “under section 9 or 10 of the Social Security Act 1998”.
In subsection (6) of section 9 of that Act (the jobseeker’s agreement), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”. In subsection (7) of that section— In subsection (8) of that section, for the words “an adjudication officer”, in each place where they occur, there shall be substituted the words “the Secretary of State”. Subsection (9) of that section shall cease to have effect.
In subsection (5) of section 10 of that Act (variation of jobseeker’s agreement), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”. In subsection (6) of that section, for the words “An adjudication officer to whom a reference is made under subsection (5)” there shall be substituted the words “On a reference under subsection (5) the Secretary of State”. In subsection (7) of that section, for the words “an adjudication officer”, in each place where they occur, there shall be substituted the words “the Secretary of State”. Subsection (8) of that section shall cease to have effect.
Section 11 of that Act (jobseeker’s agreement: reviews and appeals) shall cease to have effect.
In subsection (3) of section 16 of that Act (severe hardship), for paragraph (b) there shall be substituted the following paragraph—. For subsection (4) of that section there shall be substituted the following subsection—
In subsection (2) of section 17 of that Act (reduced payments), for the word “either” there shall be substituted the word “any”. In subsection (3) of that section, for paragraph (b) there shall be substituted the following paragraphs— Where a young person who has given up a place on a training scheme, or failed to attend such a scheme on which he has been given a place— the Secretary of State shall, if he is satisfied that there was good cause, issue a certificate to that effect and give a copy of it to the young person. In this section—
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In subsection (2)(b)(ii) of section 20 of that Act (exemptions from section 19), for the words “he has failed to complete a course of training” there shall be substituted the words “the condition mentioned in section 17(3)(b) or (c) is satisfied”.
In subsections (1) and (2) of section 31 of that Act (termination of awards), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.
In subsection (1) of section 35 of that Act (interpretation)—
the definition of “adjudication officer” shall cease to have effect; and
in the definition of “entitled”, for the words “sections 1 and 68 of the Administration Act” there shall be substituted the words “section 1 of the Administration Act and section 27 of the Social Security Act 1998”.
In subsection (1) of section 36 of that Act (regulations and orders), for the words “9(13) or 19(10)(a)” there shall be substituted the words “9(13), 16(4) or 19(10)(a)”.
In paragraph 10(2) of Schedule 1 to that Act (supplementary provisions), for the words “section 5(1)(n) of the Administration Act” there shall be substituted the words “section 21(2) of the Social Security Act 1998”.
In subsection (5) of section 16 of the Industrial Tribunals Act 1996 (power to provide for recoupment of benefits)—
in paragraph (a), the words “adjudication officers or” shall cease to have effect; and
for paragraph (d) there shall be substituted the following paragraphs—.
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For subsection (1) of section 10 of the Social Security (Recovery of Benefits) Act 1997 (review of certificates of recoverable benefits) there shall be substituted the following subsection— At the end of subsection (2) of that section there shall be inserted the words or
At the end of subsection (1) of section 11 of that Act (appeals against certificates of recoverable benefits) there shall be inserted the words or. In subsection (2) of that section, after paragraph (a) there shall be inserted the following paragraph—. Subsection (6) of that section shall cease to have effect.
For subsections (1) and (2) of section 12 of that Act (reference of questions to medical appeal tribunal) there shall be substituted the following subsection— In subsection (3) of that section, for the words “any question referred to it under subsection (1)” there shall be substituted the words “any appeal under section 11”. In subsection (4) of that section— In subsection (5) of that section— The following shall cease to have effect, namely—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In subsection (2) of that section— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subsection (4) of that section shall cease to have effect.
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“appeal tribunal” means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998;
“Commissioner” has the same meaning as in Chapter II of Part I of the Social Security Act 1998 (see section 39);
Section 86(2). Chapter Short title Extent of repeal 1967 c. 13. Parliamentary Commissioner Act 1967. Tribunals constituted in Great Britain under regulations made under section 4 of the Vaccine Damage Payments Act 1979 Child support appeal tribunals constituted under section 21 of the Child Support Act 1991 Social security appeal tribunals constituted under section 41 of the Social Security Administration Act 1992 Disability appeal tribunals constituted under section 43 of that Act Medical appeal tribunals constituted under section 50 of that Act 1975 c. 24. House of Commons Disqualification Act 1975. Regional or other full-time chairman of a child support appeal tribunal established under section 21 of the Child Support Act 1991 A regional or other full-time Chairman of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals Chief Adjudication Officer appointed under section 39 of the Social Security Administration Act 1992 Chief Child Support Officer appointed under section 13(3) of the Child Support Act 1991 Member of a Medical Appeal Tribunal appointed under section 50 of the Social Security Administration Act 1992 Member of a panel appointed under section 6 of the Tribunals and Inquiries Act 1992 of persons to act as chairmen of Child Support Appeal Tribunals Member of a panel appointed under section 6 of the Tribunals and Inquiries Act 1992 of persons to act as chairmen of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals Member of a panel of persons who may be appointed to serve on a Vaccine Damage Tribunal President of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals 1979 c. 17. Vaccine Damage Payments Act 1979. In section 5, subsections (1) to (3) and (5). In section 7(3), the words from “and in relation to” to the end. Section 12(1). 1983 c. 41. Health and Social Services and Social Security Adjudications Act 1983. Section 25. Schedule 8. 1987 c. 18. Debtors (Scotland) Act 1987. In section 1(5)(f), the word “; or” after sub-paragraph (ii). In section 5(4)(f), the word “; or” after sub-paragraph (ii). 1991 c. 48. Child Support Act 1991. In section 2, the words “or any child support officer”. In section 4(4), the words “or the child support officer”. In section 6(9), the words “or the child support officer”. In section 7(5), the words “or the child support officer”. Section 13. In section 14, subsections (2) and (2A) and, in subsection (3), the words “or by child support officers”. In section 15(1), the words “or any child support officer”. Section 24(1A). In section 28B, subsections (4) and (5). Section 28G(1). In section 46(11), in the definition of “reduced benefit direction” the words “, binding on the adjudication officer,”. In section 54, the definitions of “adjudication officer”, “Chief Adjudication Officer”, “Chief Child Support Officer”, “child support appeal tribunal” and “child support officer”. In Schedule 1, in paragraph 16(10), the words “or a child support officer”. In Schedule 2, paragraph 2. Schedule 3. In Schedule 4A, in paragraph 1 the definition of “review”, in paragraph 4(1) the words “a child support officer or” and paragraph 6. In Schedule 5, paragraph 3(3). 1992 c. 4. Social Security Contributions and Benefits Act 1992. In section 122(1), the definitions of “initial primary percentage” and “main primary percentage”. Section 139(3). Section 140(4)(e). In Schedule 1, in paragraph 6(2)(b), the words “(being not less than one year after the end of the tax year in respect of which the sums are due)”. In Schedule 2, paragraph 3(1)(b) and, in paragraph 6(2), the words “or 88”. In Schedule 11, in paragraph 2(d), the words “(ii) she was entitled to a maternity allowance, or”. 1992 c. 5. Social Security Administration Act 1992. In section 5, in subsection (1), paragraphs (n) and (o), and subsection (4). In section 6(1), paragraphs (n) and (o). Part II. Section 116(6). In section 118(4), the words “for a particular contribution card or”, and the words “the card in question or”. Section 119(2). In section 120, in subsection (1), the words “or (2)(a)” and, in subsection (5), paragraph (b) and the word “or” immediately preceding that paragraph. In section 121, in subsections (1) and (2), the words “or (2)(a)”. Section 146. In section 147(1), (2) and (3), the words “or 146”. Section 164(5)(a). In section 189, in subsection (1), the words “subsection (2) below and to”, subsection (2), in subsection (4), the words “24 or”, in subsection (5), the words “(other than the power conferred by section 24 above)”, in subsection (6), the word “24,” and subsection (10). In section 190, in subsection (1)(a), “146,” and subsection (4). In section 191, the definitions of “Commissioner”, “the disablement questions”, “5 year general qualification”, “President” and “10 year general qualification”. In section 192(5), the words “section 24;”. In Schedule 4, in Part I, the entry headed “Adjudication officers”, in the entry headed “Adjudicating bodies”, paragraphs (b) to (d) and in the entry headed “The Social Fund”, the words “A social fund officer”. 1992 c. 6. Social Security (Consequential Provisions) Act 1992. In Schedule 4, paragraph 12. 1992 c. 7. Social Security Contributions and Benefits (Northern Ireland) Act 1992. In Schedule 2, paragraph 3(1)(b) and, in paragraph 6(2), the words “or 88”. 1992 c. 14. Local Government Finance Act 1992. In Schedule 9, paragraph 14. In Schedule 13, paragraph 94. 1992 c. 53. Tribunals and Inquiries Act 1992. Section 6(4). In section 13(5), paragraph (b). In Schedule 1, in paragraph 41, sub-paragraphs (b), (c) and (e). In Schedule 2, paragraph 3. In Schedule 3, paragraph 36. 1993 c. 8. Judicial Pensions and Retirement Act 1993. Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals Chairman of child support appeal tribunals Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals Chairman of child support appeal tribunals Chairman of vaccine damage tribunals In Schedule 6, paragraphs 21 and 23(1). In Schedule 7, in paragraph 5(5), sub-paragraphs (iii) and (iv). In Schedule 8, paragraphs 21(1) and 23. 1993 c. 48. Pension Schemes Act 1993. Section 167(4). In Schedule 8, paragraphs 25, 33 and 34. 1994 c. 18. Social Security (Incapacity for Work) Act 1994. Section 6(2). In Schedule 1, paragraphs 11 and 46 to 48. 1994 c. 40. Deregulation and Contracting Out Act 1994. In Schedule 16, paragraph 20(1). 1995 c. 18. Jobseekers Act 1995. In section 6(6), the words “(“the first determination”)”. In section 7(7), the words “(“the first determination”)”. Section 9(9). Section 10(8). Section 11. In section 28, subsections (1)(b) and (3). In section 35(1), the definition of “adjudication officer”. In Schedule 2, paragraphs 20(3), 41 to 47 and 57. 1995 c. 26. Pensions Act 1995. Section 137(2). In Schedule 5, paragraph 70. 1995 c. 34. Child Support Act 1995. Sections 12 and 13. Section 14(1). Sections 15 and 16. In Schedule 3, paragraphs 3(2), 4 to 6, 7(2), 17 and 19(2). 1996 c. 17. Industrial Tribunals Act 1996. In section 16(5)(a), the words “adjudication officers or”. In Schedule 1, paragraph 7. 1996 c. 23. Arbitration Act 1996. In Schedule 3, paragraph 54. 1997 c. 27. Social Security (Recovery of Benefits) Act 1997. Section 11(6). In section 12, subsection (6), in subsection (7), the words “under subsection (6)(b)”, and subsection (8). In section 13, in subsection (2), the word “or” at the end of paragraph (b), and subsection (4). 1997 c. 47. Social Security Administration (Fraud) Act 1997. Sections 17 and 18. In Schedule 1, paragraph 2. 1998 c. 14. Social Security Act 1998. Section 83. Schedule 6.
a registered medical practitioner,
The Senior President of Tribunals shall ensure that appropriate steps are taken by the First-tier Tribunal to secure the confidentiality, in such circumstances as may be prescribed, of any prescribed material, or any prescribed classes or categories of material.
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Regulations (“procedure regulations”) may make any such provision as is specified in Schedule 5 to this Act.
Procedure regulations prescribing the procedure to be followed in cases before a Commissioner shall provide that any hearing shall be in public except in so far as the Commissioner for special reasons otherwise directs.
It is hereby declared—
that the power to prescribe procedure includes power to make provision as to the representation of one person, at any hearing of a case, by another person whether having professional qualifications or not; and
that the power to provide for the procedure to be followed in connection with the making of decisions by the Secretary of State includes power to make provision with respect to the formulation of the matters to be decided, whether on a reference under section 117 of the Administration Act or otherwise.
Subsection (5) below applies to any issue— and in that subsection, in relation to such an issue, “the relevant person” means the person who is liable or alleged to be liable, or (as the case may be) who would be liable or who it is alleged would be liable, to pay the Class 1A contribution in question.
as to whether a Class 1A contribution is payable, or otherwise relating to a Class 1A contribution; or
relating to emoluments in respect of which a Class 1A contribution would be payable but for section 10(8A) of the Contributions and Benefits Act;
In proceedings for the determination of an issue to which this subsection applies—
in England and Wales, there shall be available to a witness (other than the relevant person) any privilege against self-incrimination or incrimination of a spouse which is available to a witness in legal proceedings; and
in Scotland, section 3 of the Evidence (Scotland) Act 1853 (competence and compellability of witnesses) shall apply as it applies to civil proceedings except that the relevant person shall have no privilege against self-incrimination.
If it appears to a Commissioner that a matter before him involves a question of fact of special difficulty, he may direct that in dealing with that matter he shall have the assistance of one or more experts. In this subsection “expert” means a person appearing to the Commissioner to have knowledge or experience which would be relevant in determining the question of fact of special difficulty.
If it appears to the Chief Commissioner (or, in the case of his inability to act, to such other of the Commissioners as he may have nominated to act for the purpose) that— falling to be heard by one of the Commissioners involves a question of law of special difficulty, he may direct that the application or appeal be dealt with, not by that Commissioner alone, but by a tribunal consisting of any three or more of the Commissioners. If the decision of the tribunal is not unanimous, the decision of the majority shall be the decision of the tribunal; and the presiding Commissioner shall have a casting vote if the votes are equally divided.
an application for leave under section 14(10)(b) above; or
an appeal,
Where a direction is given under subsection (7)(a) above, section 14(10)(b) above shall have effect as if the reference to a Commissioner were a reference to such a tribunal as is mentioned in subsection (7) above.
Except so far as it may be applied in relation to England and Wales by procedure regulations, Part I of the Arbitration Act 1996 shall not apply to any proceedings under this Chapter.
Subject to the provisions of this Chapter and to any provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007, any decision made in accordance with the foregoing provisions of this Chapter shall be final; and subject to the provisions of any regulations under section 11 above, any decision made in accordance with those regulations shall be final.
If and to the extent that regulations so provide, any finding of fact or other determination embodied in or necessary to such a decision, or on which such a decision is based, shall be conclusive for the purposes of—
further such decisions;
decisions made under the Child Support Act; and
decisions made under the Vaccine Damage Payments Act.
Regulations may make provision as respects matters arising—
pending any decision under this Chapter of the Secretary of State or the First-tier Tribunal, or any decision of the Upper Tribunal which relates to any decision under this Chapter of the First-Tier Tribunal, which relates to—
any claim for a relevant benefit; or
any person’s entitlement to such a benefit or its receipt; or
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out of the revision under section 9 above or on appeal of any such decision.
Regulations under subsection (1) above as it applies to child benefit may include provision as to the date from which child benefit is to be payable to a person in respect of a child or qualifying young person in a case where, before the benefit was awarded to that person, child benefit in respect of the child or qualifying young person was awarded to another person.
Before making a decision on a claim for a relevant benefit, or as to a person’s entitlement to such a benefit ... , the Secretary of State may refer the person— to a health care professional approved by the Secretary of State for such examination and report as appears to the Secretary of State to be necessary for the purpose of providing him with information for use in making the decision.
in respect of whom the claim is made; or
whose entitlement is at issue,
Subsection (3) below applies where—
the Secretary of State has exercised the power conferred on him by subsection (1) above; and
the health care professional approved by the Secretary of State requests the person referred to him to attend for or submit himself to medical examination.
If the person fails without good cause to comply with the request, the Secretary of State shall make the decision against him.
This section applies where an appeal has been brought under section 12 above against a decision on a claim for a relevant benefit, or as to a person’s entitlement to such a benefit ....
The First-tier Tribunal may, if conditions prescribed by Tribunal Procedure Rules are satisfied, refer the person— to a health care professional approved by the Secretary of State for such examination and report as appears to the First-tier Tribunal to be necessary for the purpose of providing it with information for use in determining the appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in respect of whom the claim is made; or
whose entitlement is at issue,
The power under subsection (2) to refer a person to a health care professional approved by the Secretary of State includes power to specify the description of health care professional to whom the person is to be referred.
At a hearing before the First-tier Tribunal, except in cases or circumstances prescribed by Tribunal Procedure Rules, the tribunal—
may not carry out a physical examination of the person mentioned in subsection (2) above; and
may not require that person to undergo any physical test for the purpose of determining whether he satisfies the condition mentioned in section 73(1)(a) of the Contributions and Benefits Act.
The Lord Chancellor may pay to any person required under this Part (whether for the purposes of this Part or otherwise) to attend for or to submit to medical or other examination or treatment such travelling and other allowances as the Lord Chancellor may determine.
In subsection (1) the reference to travelling and other allowances includes compensation for loss of remunerative time but such compensation shall not be paid to any person in respect of any time during which the person is in receipt of remuneration under section 28 of, or paragraph 5 of Schedule 2 to, the Tribunals, Courts and Enforcement Act 2007 (assessors and judges of First-Tier Tribunal).
Regulations may provide for—
suspending payments of a relevant benefit, in whole or in part, in prescribed circumstances;
the subsequent making in prescribed circumstances of any or all of the payments so suspended.
Regulations made under subsection (1) above may, in particular, make provision for any case where—
it appears to the Secretary of State that an issue arises whether the conditions for entitlement to a relevant benefit are or were fulfilled;
it appears to the Secretary of State that an issue arises whether a decision as to an award of a relevant benefit should be revised (under section 9 above) or superseded (under section 10 above);
an appeal is pending against a decision of the First-tier Tribunal, the Upper Tribunal or a court; or
an appeal is pending against the decision given in a different case by the Upper Tribunal or a court, and it appears to the Secretary of State that if the appeal were to be determined in a particular way an issue would arise whether the award of a relevant benefit (whether the same benefit or not) in the case itself ought to be revised or superseded.
For the purposes of subsection (2) above, an appeal against a decision is pending if—
an appeal against the decision has been brought but not determined;
an application for permission to appeal against the decision has been made but not determined; or
in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for permission to appeal against the decision has not been made) but the time for doing so has not yet expired.
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The powers conferred by this section are exercisable in relation to persons who fail to comply with information requirements.
Regulations may provide for—
suspending payments of a relevant benefit, in whole or in part;
the subsequent making in prescribed circumstances of any or all of the payments so suspended.
In this section and section 23 below “information requirement” means a requirement, made in pursuance of regulations under section 5(1A) of the Administration Act, to furnish information or evidence needed for a determination whether a decision on an award of benefit to which that section applies should be revised under section 9 or superseded under section 10 above.
Subsection (3A) of section 5 of the Administration Act (which glosses paragraph (hh) in the case of state pension credit) shall apply in relation to subsection (3) above as it applies in relation to paragraph (hh) of subsection (1) of that section.
Regulations may provide that, except in prescribed cases or circumstances, a person— shall cease to be entitled to the benefit from a date not earlier than the date on which payments were suspended.
whose benefit has been suspended in accordance with regulations under section 21 above and who subsequently fails to comply with an information requirement; or
whose benefit has been suspended in accordance with regulations under section 22 above for failing to comply with such a requirement,
Regulations may make provision—
enabling the Secretary of State to require a person to whom a relevant benefit has been awarded to submit to medical examination;
for suspending payments of benefit, in whole or in part, in a case of a person who fails to submit himself to a medical examination to which he is required to submit in accordance with regulations under paragraph (a) above;
for the subsequent making in prescribed circumstances of any or all of the payments so suspended;
for entitlement to the benefit to cease, except in prescribed cases or circumstances, from a date not earlier than the date on which payments were suspended.
Regulations may make provision for the First-tier Tribunal or Upper Tribunal, where on any appeal there arises any issue which under section 8 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 falls to be decided by the Inland Revenue, to require the Secretary of State to refer the issue to the Inland Revenue.
Regulations under this section may—
provide for the appeal to be referred to the Secretary of State pending the decision by an officer of the Inland Revenue,
enable or require the Secretary of State, in specified circumstances, to deal with any other issue arising on the appeal pending the decision on the referred issue, and
enable the Secretary of State, on receiving the decision of an officer of the Inland Revenue, or any determination of the First-tier Tribunal or Upper Tribunal made on an appeal from his decision—
to revise his decision,
to make a decision superseding his decision, or
to refer the appeal to the First-tier Tribunal or Upper Tribunal for determination.
This section applies where—
a decision by the Secretary of State falls to be made under section 8, 9 or 10 above in relation to a particular case; and
an appeal is pending against the decision given in another case by the Upper Tribunal or a court (whether or not the two cases concern the same benefit).
In a case relating to a relevant benefit, the Secretary of State need not make the decision while the appeal is pending if he considers it possible that the result of the appeal will be such that, if it were already determined, there would be no entitlement to benefit.
If the Secretary of State considers it possible that the result of the appeal will be such that, if it were already determined, it would affect the decision in some other way—
he need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending;
he may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed.
Where the Secretary of State acts in accordance with subsection (3)(b) above, following the determination of the appeal he shall if appropriate revise his decision (under section 9 above) in accordance with that determination.
For the purposes of this section, an appeal against a decision is pending if—
an appeal against the decision has been brought but not determined;
an application for leave to appeal against the decision has been made but not determined; or
in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.
In paragraphs (a), (b) and (c) of subsection (5) above, any reference to an appeal, or an application for leave to appeal, against a decision includes a reference to—
an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or
an application to the supervisory jurisdiction of the Court of Session in respect of the decision.
This section applies where—
an appeal (“appeal A”) in relation to a decision under section 8, 9 or 10 above is made to the First-tier Tribunal, or from the First-tier Tribunal to the Upper Tribunal; and
an appeal (“appeal B”) is pending against a decision given in a different case by the Upper Tribunal or a court (whether or not the two appeals concern the same benefit).
If the Secretary of State considers it possible that the result of appeal B will be such that, if it were already determined, it would affect the determination of appeal A, he may serve notice requiring the First-tier Tribunal or Upper Tribunal—
not to determine appeal A but to refer it to him; or
to deal with the appeal in accordance with subsection (4) below.
Where appeal A is referred to the Secretary of State under subsection (2)(a) above, following the determination of appeal B and in accordance with that determination, he shall if appropriate—
in a case where appeal A has not been determined by the First-tier Tribunal, revise (under section 9 above) his decision which gave rise to that appeal; or
in a case where appeal A has been determined by the First-tier Tribunal, make a decision (under section 10 above) superseding the tribunal’s decision.
Where appeal A is to be dealt with in accordance with this subsection, the First-tier Tribunal or Upper Tribunal shall either—
stay appeal A until appeal B is determined; or
if the First-tier Tribunal or Upper Tribunal considers it to be in the interests of the appellant to do so, determine appeal A as if—
appeal B had already been determined; and
the issues arising on appeal B had been decided in the way that was most unfavourable to the appellant. In this subsection “the appellant” means the person who appealed or, as the case may be, first appealed against the decision mentioned in subsection (1)(a) above.
Where the First-tier Tribunal or Upper Tribunal acts in accordance with subsection (4)(b) above, following the determination of appeal B the Secretary of State shall, if appropriate, make a decision (under section 10 above) superseding the decision of the First-tier Tribunal or Upper Tribunal in accordance with that determination.
For the purposes of this section, an appeal against a decision is pending if—
an appeal against the decision has been brought but not determined;
an application for leave to appeal against the decision has been made but not determined; or
in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.
In this section—
the reference in subsection (1)(a) above to an appeal to the Upper Tribunal includes a reference to an application for leave to appeal to the Upper Tribunal; and
any reference in paragraph (a), (b) or (c) of subsection (6) above to an appeal, or to an application for leave to appeal, against a decision includes a reference to—
an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or
an application to the supervisory jurisdiction of the Court of Session in respect of the decision.
Regulations may make provision supplementing that made by this section.
Subject to subsection (2) below, this section applies where—
the effect of the determination, whenever made, of an appeal to the Upper Tribunal or the court (“the relevant determination”) is that the adjudicating authority’s decision out of which the appeal arose was erroneous in point of law; and
after the date of the relevant determination a decision falls to be made by the Secretary of State in accordance with that determination (or would, apart from this section, fall to be so made)—
in relation to a claim for benefit;
as to whether to revise, under section 9 above, a decision as to a person’s entitlement to benefit; or
on an application made under section 10 above for a decision as to a person’s entitlement to benefit to be superseded.
This section does not apply where the decision of the Secretary of State mentioned in subsection (1)(b) above—
is one which, but for section 25(2) or (3)(a) above, would have been made before the date of the relevant determination; or
is one made in pursuance of section 26(3) or (5) above.
In so far as the decision relates to a person’s entitlement to a benefit in respect of— it shall be made as if the adjudicating authority’s decision had been found by the Upper Tribunal or court not to have been erroneous in point of law.
a period before the date of the relevant determination; or
in the case of a widow’s payment, a death occurring before that date,
In deciding whether a person is entitled to benefit in a case where his entitlement depends on his having been entitled to the same or some other benefit before attaining a particular age, subsection (3) above shall be disregarded for the purpose only of deciding whether he was so entitled before attaining that age.
Subsection (1)(a) above shall be read as including a case where—
the effect of the relevant determination is that part or all of a purported regulation or order is invalid; and
the error of law made by the adjudicating authority was to act on the basis that the purported regulation or order (or the part held to be invalid) was valid.
It is immaterial for the purposes of subsection (1) above—
where such a decision as is mentioned in paragraph (b)(i) falls to be made, whether the claim was made before or after the date of the relevant determination;
where such a decision as is mentioned in paragraph (b)(ii) or (iii) falls to be made on an application under section 9 or (as the case may be) 10 above, whether the application was made before or after that date.
In this section—
“relevant benefit” has the meaning given by section 8(3) above.
“benefit” means—
“appeal tribunal” means an appeal tribunal constituted under Chapter 1 of this Part (the functions of which have been transferred to the First-tier Tribunal);
a registered nurse,
benefit under the National Insurance Act 1946 or 1965, or the National Insurance (Industrial Injuries) Act 1946 or 1965 (in respect of a period before 6th April 1975);
“the appropriate court”, except in subsection (4) above, means the court specified in pursuance of that subsection;
“Commissioner” means a person appointed as a Social Security Commissioner under Schedule 4 (the functions of whom have been transferred to the Upper Tribunal), and includes a tribunal of such persons.
“claimant”, in relation to a joint-claim couple claiming a joint-claim jobseeker’s allowance (within the meaning of the Jobseekers Act 1995), means the couple or either member of the couple;
For the purposes of this section, any reference to entitlement to benefit includes a reference to entitlement—
to any increase in the rate of a benefit; or
to a benefit, or increase of benefit, at a particular rate.
The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this section in accordance with any regulations made for that purpose.
Regulations made under subsection (9) above may include provision—
for a determination of a higher court to be treated as if it had been made on the date of a determination of a lower court or the Upper Tribunal; or
for a determination of a lower court or the Upper Tribunal to be treated as if it had been made on the date of a determination of a higher court.
Regulations may make provision with respect to—
the correction of accidental errors in any decision of the Secretary of State or record of a decision of the Secretary of State made under any relevant enactment; ...
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a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party’s representative or was not received at an appropriate time by the body or person who gave the decision; or
a party to the proceedings or a party’s representative was not present at a hearing related to the proceedings.
In subsection (1) “decision” does not include any decision of the First-tier Tribunal or any decision made by an officer of the Inland Revenue, other than a decision under or by virtue of Part III of the Pension Schemes Act 1993.
Nothing in subsection (1) above shall be construed as derogating from any power to correct errors ... which is exercisable apart from regulations made by virtue of that subsection.
In this section “relevant enactment” means any enactment contained in—
this Chapter;
the Contributions and Benefits Act;
the Pension Schemes Act 1993;
the Jobseekers Act; ...
the Social Security (Recovery of Benefits) Act 1997; ...
the State Pension Credit Act 2002; ...
Part 1 of the Welfare Reform Act 2007;
Part 1 of the Welfare Reform Act 2012; ...
Part 4 of that Act; ...
Part 1 of the Pensions Act 2014 or section 30 of that Act; or
sections 18 to 21 of the Welfare Reform and Work Act 2016.
Where, in connection with any claim for industrial injuries benefit, it is decided that the relevant accident was or was not an industrial accident—
an express declaration of that fact shall be made and recorded; and
subject to subsection (3) below, a claimant shall be entitled to have the issue whether the relevant accident was an industrial accident decided notwithstanding that his claim is disallowed on other grounds.
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to have that issue decided; and
to have a declaration made and recorded accordingly,
The Secretary of State, the First-tier Tribunal or the Upper Tribunal (as the case may be) may refuse to decide the issue whether an accident was an industrial accident if satisfied that it is unlikely to be necessary to decide the issue for the purposes of any claim for benefit; and this Chapter shall apply as if any such refusal were a decision on the issue.
Subject to sections 9 to 15 above, any declaration under this section that an accident was or was not an industrial accident shall be conclusive for the purposes of any claim for industrial injuries benefit in respect of that accident.
Where subsection (4) above applies— it shall have effect as if at the end there were added the words “whether or not the claimant is the person at whose instance the declaration was made”.
in relation to a death occurring before 11th April 1988; or
for the purposes of section 60(2) of the Contributions and Benefits Act,
For the purposes of this section (but subject to section 30 below), an accident whereby a person suffers personal injury shall be deemed, in relation to him, to be an industrial accident if—
it arises out of and in the course of his employment;
that employment is employed earner’s employment for the purposes of Part V of the Contributions and Benefits Act; and
payment of benefit is not under section 94(5) of that Act precluded because the accident happened while he was outside Great Britain.
A decision under this section shall be final except that sections 9 and 10 above apply to a decision under this section that an accident was or was not an industrial accident as they apply to a decision under section 8 above if, but only if, the Secretary of State is satisfied that the decision under this section was given in consequence of any wilful non-disclosure or misrepresentation of a material fact.
A decision ... that an accident was an industrial accident is to be taken as determining only that paragraphs (a), (b) and (c) of subsection (6) of that section are satisfied in relation to the accident.
Subject to subsections (3) and (4) below, no such decision is to be taken as importing a decision as to the origin of any injury or disability suffered by the claimant, whether or not there is an event identifiable as an accident apart from any injury that may have been received.
A decision that, on a particular occasion when there was no event so identifiable, a person had an industrial accident by reason of an injury shall be treated as a decision that, if the injury was suffered by accident on that occasion, the accident was an industrial accident.
A decision that an accident was an industrial accident may be given, and a declaration to that effect be made and recorded in accordance with section 29 above, without its having been found that personal injury resulted from the accident.
Subsection (4) above has effect subject to the discretion under section 29(3) above to refuse to decide the issue if it is unlikely to be necessary for the purposes of a claim for benefit.
Regulations may provide that a determination that a person is disqualified for any period in accordance with regulations under section 171E of the Contributions and Benefits Act shall have effect for such purposes as may be prescribed as a determination that he is to be treated as capable of work for that period, and vice versa.
Regulations may provide that a determination that a person is disqualified for any period in accordance with regulations under section 18(1) to (3) of the Welfare Reform Act 2007 shall have effect for such purposes as may be prescribed as a determination that he is to be treated as not having limited capability for work for that period, and vice versa.
Provision may be made by regulations for matters of such descriptions as may be prescribed to be determined by the Secretary of State, notwithstanding that other matters fall to be determined by another authority.
Nothing in this section shall be taken to prejudice the generality of the power conferred by section 17(2) above.
Regulations shall provide for applying the provisions of this Chapter, subject to any prescribed additions or modifications, in relation to decisions made or falling to be made under sections 108 to 110 of the Contributions and Benefits Act.
A decision by the Secretary of State that a person is entitled or not entitled to payment of a qualifying benefit in respect of a period which includes a day in the relevant week shall be conclusive for the purposes of section 148 of the Contributions and Benefits Act.
In this section, expressions to which a meaning is assigned by section 150 of that Act have that meaning.
Regulations shall provide that, where a person claims— the authority to whom the claim is made shall notify the person of its determination of the claim.
housing benefit; or
council tax benefit,
Any such notification shall be given in such form as may be prescribed.
Regulations may make provision requiring authorities to whom claims for housing benefit or council tax benefit are made by, or in respect of, persons who have been entitled to a jobseeker’s allowance or to income support or state pension credit to give priority, in prescribed circumstances, to those claims over other claims for any such benefit.
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Regulations may provide for—
suspending in prescribed circumstances, in whole or in part—
payments of housing benefit or council tax benefit; or
any right (exercisable by way of council tax benefit) to make a reduction in the amount that a person is or becomes liable to pay in respect of council tax;
the subsequent making, or restoring, in prescribed circumstances of any or all of the payments, or any right, so suspended.
Regulations made under subsection (1) above may, in particular, make provision for any case where, in relation to a claim for housing benefit or council tax benefit—
it appears to the authority that an issue arises whether the conditions for entitlement to the benefit are or were fulfilled;
it appears to the authority that an issue arises whether the determination of the claim should be reviewed in accordance with regulations made under section 34(4) above;
an appeal is pending to a court in relation to the determination of the claim; or
an appeal is pending to a court in relation to the determination (whether made by the authority or by any other authority) of a different claim for housing benefit or council tax benefit, and it appears to the authority that if the appeal were to be determined in a particular way an issue would arise whether the determination of the claim ought to be reviewed.
For the purposes of subsection (2) above, an appeal is pending to a court in England and Wales in relation to a determination if—
an application, or a renewed application, for leave to apply for judicial review of the determination has been made but not determined;
such leave has been granted but the application for judicial review has not been determined;
an appeal has been brought (or an application has been made for leave to appeal) against an order made on a judicial review of the determination, and the appeal (or application) has not been determined; or
in such circumstances as may be prescribed, the time for making an application or appeal such as is mentioned in paragraph (a) or (c) above has not yet expired.
For the purposes of subsection (2) above, an appeal is pending to a court in Scotland in relation to a determination if—
an application to the supervisory jurisdiction of the Court of Session has been made in respect of the determination and the application has not been determined;
an appeal has been brought against an order made on such an application and the appeal has not been determined;
in such circumstances as may be prescribed, an application such as is mentioned in paragraph (a) above has not been made in respect of the determination and a period prescribed for the purposes of this section for making such an application has not expired; or
in such circumstances as may be prescribed, the time for making an appeal such as is mentioned in paragraph (b) above has not yet expired.
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In this section and section 38 below, “appropriate officer” means an officer of the Secretary of State who, acting under his authority, is exercising functions of the Secretary of State in relation to such payments out of the social fund as are mentioned in section 138(1)(b) of the Contributions and Benefits Act.
The Secretary of State may nominate for an area an appropriate officer who shall issue general guidance to other such officers in the area about such matters relating to the social fund as the Secretary of State may specify.
In relation to any decision of an appropriate officer, section 38 below shall apply in substitution for sections 9 and 10 above.
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There shall continue to be an officer known as “the social fund Commissioner”.
The social fund Commissioner shall be appointed by the Secretary of State.
The social fund Commissioner— as he thinks fit, but with the consent of the Secretary of State as to numbers.
shall appoint such social fund inspectors; and
may appoint such officers and staff for himself and for social fund inspectors,
Appointments under subsection (3) above shall be made from persons made available to the social fund Commissioner by the Secretary of State.
It shall be the duty of the social fund Commissioner—
to monitor the quality of decisions of social fund inspectors and give them such advice and assistance as he thinks fit to improve the standard of their decisions;
to arrange such training of social fund inspectors as he considers appropriate; and
to carry out such other functions in connection with the work of social fund inspectors as the Secretary of State may direct.
The social fund Commissioner shall report annually in writing to the Secretary of State on the standards of reviews by social fund inspectors, and the Secretary of State shall publish his report.
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An appropriate officer—
shall review a social fund determination, if an application for a review is made, within such time and in such form and manner as may be prescribed, by or on behalf of the person who applied for the payment to which the determination relates;
may review such a determination on the ground that the person who applied for the payment to which the determination relates misrepresented, or failed to disclose, any material fact; and
may review such a determination in such other circumstances as he thinks fit.
The power to review a social fund determination conferred by subsection (1) above includes power to review a determination made on a previous review.
A social fund determination which has been reviewed under subsection (1) above shall be further reviewed by a social fund inspector if an application is made, within such time and in such form and manner as may be prescribed, by or on behalf of the person who applied for the payment to which the determination relates.
On a review under subsection (3) above a social fund inspector shall have the following powers—
power to confirm the determination made by the appropriate officer;
power to make any determination which an appropriate officer could have made;
power to refer the matter to such an officer for determination.
A social fund inspector may review a determination under subsection (3) above made by himself or some other social fund inspector.
In making a determination on a review an appropriate officer or a social fund inspector need not consider—
in the case of a determination on a review under subsection (1)(a) above, any issue that is not raised by the application;
in the case of a determination on a review under subsection (1)(b) above, any issue that is not raised by the material fact;
in the case of a determination on a review under subsection (1)(c) above, any issue that did not cause him to carry out the review.
In making a determination on a review under subsection (1)(a) or (c) above an appropriate officer or a social fund inspector shall—
subject to paragraphs (b) and (c) below, have regard to whichever of the following are applicable, namely—
all the circumstances of the case and, in particular, the criteria specified in paragraphs (a) to (e) of subsection (1) of section 140 of the Contributions and Benefits Act;
the criteria mentioned in paragraphs (a) and (b) of subsection (1A) of that section; and
the criterion specified in directions issued by the Secretary of State under that subsection and the criteria mentioned in paragraph (b) of that subsection;
act in accordance with any general directions issued by the Secretary of State under subsection (2) of that section, and any general directions issued by him with regard to reviews; and
take account of any general guidance issued by the Secretary of State under that subsection or with regard to reviews.
In making a determination on a review under subsection (1)(b) above an appropriate officer or a social fund inspector shall—
act in accordance with any general directions issued by the Secretary of State; and
take account of any general guidance issued by the Secretary of State.
Any reference in subsection (6), (7) or (8) above to a determination on a review under a particular provision of subsection (1) above shall be construed, in relation to a social fund inspector, as a reference to a determination on a further review of a determination which has been reviewed under that provision.
Directions under this section may specify—
the circumstances in which a social fund determination is to be reviewed; and
the manner in which a review is to be conducted.
In making a determination on a review under subsection (1)(a) or (c) above an appropriate officer shall take account (subject to any directions or guidance issued by the Secretary of State under this section) of any guidance issued by the appropriate officer nominated for his area under section 36(2) above.
A social fund inspector reviewing a social fund determination which has been reviewed under subsection (1)(a) or (c) above shall be under the same duties in relation to such guidance as the appropriate officer or social fund inspector who made the determination.
In this section “social fund determination” means a determination made under the Contributions and Benefits Act by an appropriate officer.
In this Chapter—
“personal care” includes assistance at meal-times or with personal appearance or hygiene;
In this Chapter—
a reference to a benefit includes a reference to a loan under section 18 of the Welfare Reform and Work Act 2016;
a reference to a claim for a benefit includes a reference to an application for a loan under section 18 of the Welfare Reform and Work Act 2016;
a reference to a claimant includes a reference to an applicant for a loan under section 18 of the Welfare Reform and Work Act 2016 or, in relation to a couple jointly applying for a loan under that section, a reference to the couple or either member of the couple;
a reference to an award of a benefit to a person includes a reference to a decision that a person is eligible for a loan under section 18 of the Welfare Reform and Work Act 2016;
a reference to entitlement to a benefit includes a reference to eligibility for a loan under section 18 of the Welfare Reform and Work Act 2016.
Expressions used in this Chapter to which a meaning is assigned by section 191 of the Administration Act have that meaning in this Chapter.
Part II of the Administration Act, which is superseded by the foregoing provisions of this Chapter, shall cease to have effect.
A document bearing a certificate which— is signed by a person authorised in that behalf by the Secretary of State, and states that the document, apart from the certificate, is a record of a decision of an officer of the Secretary of State, shall be conclusive evidence of the decision; and a certificate purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
For section 16 of the Child Support Act there shall be substituted the following section—
For sections 17 to 19 of the Child Support Act there shall be substituted the following section—
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After section 28 of the Child Support Act there shall be inserted the following sections—
After section 28ZB of the Child Support Act there shall be inserted the following sections—
After section 3 of the Vaccine Damage Payments Act there shall be inserted the following section—
For section 4 of the Vaccine Damage Payments Act there shall be substituted the following section—
After section 7 of the Vaccine Damage Payments Act there shall be inserted the following section—
After subsection (2) of section 3 of the Contributions and Benefits Act (“earnings” and “earner”) there shall be inserted the following subsection—
After subsection (3) of section 3 of the Contributions and Benefits Act there shall be inserted the following subsections—
For subsection (4) of section 4 of the Contributions and Benefits Act (payments treated as remuneration and earnings) there shall be substituted the following subsection—
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Subsection (1) above, so far as relating to a sum which is chargeable to tax by virtue of section 313 of the Income and Corporation Taxes Act 1988, shall have effect in relation to any undertaking given on or after 10th July 1997.
Regulations under subsection (6) of section 4 of the Contributions and Benefits Act (as inserted by subsection (2) above)—
shall not be made before the passing of the Finance Act 1998; but
may make provision having effect in relation to acquisitions on or after 6th April 1998.
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For subsection (1) of section 5 of the Contributions and Benefits Act (earnings limits for Class 1 contributions) there shall be substituted the following subsection—
For subsection (1) of section 6 of that Act (liability for Class 1 contributions) there shall be substituted the following subsection—
For subsections (1) and (2) of section 8 of that Act (calculation of primary Class 1 contributions) there shall be substituted the following subsections—
For section 9 of that Act there shall be substituted the following section—
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After section 10 of the Contributions and Benefits Act there shall be inserted the following section—
After section 19 of the Contributions and Benefits Act there shall be inserted the following section—
In paragraph 3 of Schedule 1 to the Contributions and Benefits Act (supplementary provisions as to contributions)—
in sub-paragraph (3), for the words from “and notwithstanding” to “any enactment” there shall be substituted the words “and, subject to sub-paragraph (4) below but notwithstanding any other provision in any enactment”;
Sub-paragraph (5) below applies in a case where— If and to the extent that regulations so provide, the employer may recover from the employee in such manner as may be prescribed any primary Class 1 contributions paid or to be paid by him on the employee’s behalf in respect of— which he was unable to recover by deduction from the employee’s earnings.
In sub-paragraph (3) of paragraph 7 of Schedule 1 to the Contributions and Benefits Act—
for the words “is liable to” there shall be substituted the words “has been required to pay”; and
for the words “be liable to” there shall be substituted the words “be required to pay”.
After that paragraph there shall be inserted the following paragraph—
After paragraph 7A of Schedule 1 to the Contributions and Benefits Act there shall be inserted the following paragraph—
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Schedule 2 to the Contributions and Benefits Act (levy of Class 4 contributions with income tax) and Schedule 2 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (corresponding provision for Northern Ireland) shall each be amended as follows.
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In paragraph 3, sub-paragraph (1)(b) shall cease to have effect.
In sub-paragraph (2) of paragraph 4, for the words “may either be charged” to the end there shall be substituted the words “shall be charged on him separately”.
In sub-paragraph (1) of paragraph 6—
for the words from “Sections 86” to “fault)” there shall be substituted the words “Section 86 of the Taxes Management Act 1970 (interest on overdue tax)”;
for the words “as they apply” there shall be substituted the words “as it applies”.
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the words “or 88” shall cease to have effect;
for the words “either of those sections on tax” there shall be substituted the words “that section on income tax”.
For section 113 of the Administration Act there shall be substituted the following section—
For section 114 of the Administration Act there shall be substituted the following sections—
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In subsection (4) of that section, the words “for a particular contribution card or”, and the words “the card in question or”, shall cease to have effect.
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After section 121 of the Administration Act there shall be inserted the following sections—
After section 121B of the Administration Act there shall be inserted the following sections—
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In subsection (5) of section 162 of that Act (destination of contributions), after paragraph (c) there shall be inserted the following paragraph—.
Subsection (4) of section 163 of the Administration Act (general financial arrangements) shall have effect, and shall be deemed always to have had effect, as if—
for the words “a secondary contributor” there were substituted the words “any person”; and
after the words “any secondary Class 1 contributions” there were inserted the words “, or any Class 1A contributions,”.
Subsection (2) of section 1 of the Social Security (Miscellaneous Provisions) Act 1977 (from which subsection (4) of section 163 is derived) shall be deemed to have had effect with the same amendments as from the commencement of the Social Security (Contributions) Act 1991.
In subsection (5) of section 35 of the Contributions and Benefits Act (maternity allowance), for paragraphs (a) and (b) there shall be substituted the words “the amount payable by way of that allowance for any day shall be taken as one seventh of the weekly rate of the allowance”.
For subsection (4) of section 44 of the Contributions and Benefits Act (Category A retirement pension) there shall be substituted the following subsection—
Subject to subsections (3) and (4) below, in so far as a housing benefit determination made before 18th August 1997 purported to determine that housing benefit was payable in respect of— it shall be deemed to have been validly made if, on the assumption mentioned in subsection (2) below, it would have been so made.
charges for medical care, nursing care or personal care; or
charges for general counselling or any other support services,
The assumption is that, at all material times, such charges as are mentioned in subsection (1) above were eligible to be met by housing benefit where the claimant’s right to occupy the dwelling was conditional on his payment of the charges.
Where the effect of a review carried out on or after 18th August 1997 was to revise the amount of housing benefit payable in respect of any validated charges—
the revision shall be deemed not to have been validly made in so far as it had the effect of increasing that amount; and
housing benefit shall cease to be payable in respect of those charges as from the beginning of the period for which the first payment of the revised amount of benefit was made.
Housing benefit shall not be payable in respect of any validated charges for any period falling after—
5th April 1998 where the rent is payable at intervals of a whole number of weeks; and
31st March 1998 in any other case.
In this section—
“the Jobseekers Act” means the Jobseekers Act 1995;
“validated charges” means charges in respect of which housing benefit is payable only by virtue of subsection (1) above.
“claimant”, in relation to a couple jointly claiming universal credit, means the couple or either member of the couple;
“medical care” includes treatment or counselling related to mental disorder, mental handicap, physical disablement or past or present alcohol or drug dependence;
“housing benefit determination” means a determination under section 130 of the Contributions and Benefits Act or the corresponding provisions of the Social Security Act 1986, or a decision on a review of such a determination;
For subsection (1) of section 138 of the Contributions and Benefits Act (payments out of social fund) there shall be substituted the following subsection—
After subsection (4) of that section there shall be inserted the following subsection—
In subsection (1) of section 140 of the Contributions and Benefits Act (social fund: principles of determination), after the word “award” there shall be inserted the words “of a community care grant or a crisis loan”.
After that subsection there shall be inserted the following subsection—
In subsection (4) of that section, paragraph (e) shall cease to have effect and after paragraph (a) there shall be inserted the following paragraph—.
Regulations may revoke any provision of regulations which prescribes a higher rate of child benefit in the case of a lone parent, notwithstanding anything in section 145(4) of the Contributions and Benefits Act (which precludes regulations from prescribing a rate lower than the rate it replaces).
In this section “lone parent” means a parent who—
has no spouse or civil partner or is not living with his spouse or civil partner; and
is not living with any other person as his spouse or civil partner.
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In paragraph 2(d) of Schedule 11 to the Contributions and Benefits Act (circumstances in which periods of entitlement to statutory sick pay do not arise), the words “(ii) she was entitled to a maternity allowance, or” shall cease to have effect.
In subsection (1) of section 5 of the Administration Act (regulations about claims for and payments of benefit), there shall be inserted after paragraph (h) the following paragraph—.
After section 71 of the Administration Act there shall be inserted the following section—
This section applies where such a determination as is mentioned in section 71(1) of the Administration Act is made in relation to a social fund payment—
to which section 71ZA of that Act applies; and
which is made on or after the day on which this section comes into force.
After section 155 of the Administration Act there shall be inserted the following section—
Any regulations to which this subsection applies may be made so as to have effect for a specified period not exceeding 12 months.
Any regulations which, by virtue of subsection (1) above, are to have effect for a limited period are referred to in this section as “a pilot scheme”.
A pilot scheme may provide that its provisions are to apply only in relation to—
one or more specified areas or localities;
one or more specified classes of person;
persons selected—
by reference to prescribed criteria; or
on a sampling basis.
A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.
A pilot scheme (“the previous scheme”) may be replaced by a further pilot scheme making the same, or similar, provision (apart from the specified period) to that made by the previous scheme.
In so far as a pilot scheme would, apart from this subsection, have the effect of— it shall not apply in relation to that person.
treating as capable of work any person who would not otherwise be so treated; or
reducing the total amount of benefit that would otherwise be payable to any person,
Subsection (1) above applies to—
regulations made under section 171D of the Contributions and Benefits Act (incapacity for work: persons treated as incapable of work); and
in so far as they are consequential on or supplementary to any such regulations, regulations made under any of the provisions mentioned in subsection (8) below.
The provisions are—
subsection (5)(a) of section 22 of the Contributions and Benefits Act (earnings factors);
section 30C of that Act (incapacity benefit);
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subsection (1)(e) of section 124 of that Act (income support) and, so far as relating to income support, subsection (1) of section 135 of that Act (the applicable amount);
Part XIIA of that Act (incapacity for work);
section 61A of the Administration Act and section 31 above (incapacity for work).
A statutory instrument containing (whether alone or with other provisions) a pilot scheme shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
The Secretary of State and the Commissioners of Inland Revenue may incur expenditure in doing anything which in his or their opinion is appropriate for the purpose of facilitating either of the following things, namely—
the transfer to the Commissioners of such of the functions of the Secretary of State as are exercisable by the Contributions Agency; and
the exercise by the Commissioners of those functions.
The powers conferred by subsection (1) above—
shall be exercisable whether or not Parliament has given any approval on which either of the things there mentioned depends; and
shall be without prejudice to any power conferred otherwise than by virtue of that subsection.
Any expenditure incurred under this section shall be defrayed out of money provided by Parliament.
In its application to Northern Ireland, this section shall have effect with the following modifications, namely—
for the first reference to the Secretary of State there shall be substituted a reference to the Department of Health and Social Services for Northern Ireland;
for the reference to such of the functions of the Secretary of State as are exercisable by the Contributions Agency there shall be substituted a reference to such of the functions of that Department as correspond to those functions; and
for the reference to money provided by Parliament there shall be substituted a reference to money appropriated by Measure of the Northern Ireland Assembly.
Subject to subsection (2A) below, regulations under this Act shall be made by the Secretary of State.
Regulations with respect to proceedings before the Commissioners (whether for the determination of any matter or for leave to appeal to or from the Commissioners) shall be made by the Lord Chancellor; and where the Lord Chancellor proposes to make regulations under this Act it shall be his duty to consult the Lord Advocate with respect to the proposal.
Subsection (1) has effect subject to any provision providing for regulations to be made by the Treasury or the Commissioners of Inland Revenue.
Powers under this Act to make regulations or orders are exercisable by statutory instrument.
Any power conferred by this Act to make regulations or orders may be exercised—
either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;
so as to make, as respects the cases in relation to which it is exercised— and where such a power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.
the full provision to which the power extends or any less provision (whether by way of exception or otherwise);
the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act;
any such provision either unconditionally or subject to any specified condition;
Powers to make regulations for the purposes of any one provision of this Act are without prejudice to powers to make regulations for the purposes of any other provision.
Without prejudice to any specific provision in this Act, a power conferred by this Act to make regulations includes power to make thereby such incidental, supplementary, consequential or transitional provision as appears to the authority making the regulations to be expedient for the purposes of those regulations.
Without prejudice to any specific provisions in this Act, a power conferred by any provision of this Act to make regulations includes power to provide for a person to exercise a discretion in dealing with any matter.
The provision referred to in subsection (6) includes, in a case where regulations under this Act require or authorise the use of electronic communications, provision referred to in section 8(4) and (5) and 9(5) of the Electronic Communications Act 2000.
Any power conferred by this Act to make regulations relating to housing benefit or council tax benefit shall include power to make different provision for different areas or different authorities.
For the purposes of subsection (6A), references in section 8(4) and (5) and 9(5) of the Electronic Communications Act 2000 to an order under section 8 of that Act are to be read as references to regulations under this Act; and references to anything authorised by such an order are to be read as references to anything required or authorised by such regulations.
In this section “Commissioner” has the same meaning as in Chapter II of Part I.
Subject to the provisions of this section, a statutory instrument containing (whether alone or with other provisions) regulations under— shall not be made unless a draft of the instrument has been laid before Parliament and been approved by a resolution of each House of Parliament.
section 7, 12(2) or (3A) or 72 above; or
paragraph 12 of Schedule 1, paragraph 9 of Schedule 2 or paragraph 2 of Schedule 5 to this Act,
A statutory instrument— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
which contains (whether alone or with other provisions) regulations made under this Act by the Secretary of State , the Treasury or the Commissioners of Inland Revenue; and
which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,
A statutory instrument— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
which contains (whether alone or with other provisions) regulations made under this Act by the Lord Chancellor; and
which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,
No order shall be made by the Lord Chancellor under section 7(6A) above unless a draft of the statutory instrument containing the order has been laid before Parliament and been approved by a resolution of each House of Parliament.
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The Secretary of State shall prepare, either annually or at such times or intervals as may be prescribed, a report on the standards achieved by the Secretary of State in the making of decisions against which an appeal lies to an appeal tribunal constituted under Chapter I of Part I.
A copy of every such report shall be laid before each House of Parliament.
There shall be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State or the Lord Chancellor under or by virtue of this Act; and
any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.
There shall be paid out of or into the Consolidated Fund any increase attributable to this Act in the sums which under any other Act are payable out of or into that Fund.
Schedule 6 to this Act (which contains transitory provisions) shall have effect.
In this Act—
an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999, or
“prescribe” means prescribe by regulations.
“the Child Support Act” means the Child Support Act 1991;
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“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;
“the Jobseekers Act” means the Jobseekers Act 1995;
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to those of this Act—
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The enactments mentioned in Schedule 7 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.
The enactments mentioned in Schedule 8 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Social Security Act 1998.
This Act, except— shall come into force on such day as may be appointed by order made by the Secretary of State; and different days may be appointed for different provisions and for different purposes.
sections 66, 69, 72 and 77 to 85, this section and Schedule 6 to this Act; and
subsection (1) of section 50 so far as relating to a sum which is chargeable to tax by virtue of section 313 of the Income and Corporation Taxes Act 1988, and subsections (2) to (4) of that section,
An order under subsection (2) above may make such savings, or such transitional or consequential provision, as the Secretary of State considers necessary or expedient—
in preparation for or in connection with the coming into force of any provision of this Act; or
in connection with the operation of any enactment repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.
This Act, except— does not extend to Northern Ireland.
section 2 so far as relating to war pensions;
sections 3, 15, 45 to 47, 59, 78 and 85 and this section; and
section 86 and Schedules 7 and 8 so far as relating to enactments which extend to Northern Ireland,
The following provisions of this Act extend to the Isle of Man, namely—
in section 4, subsections (1)(c) and (2)(c);
sections 6 and 7 and Schedule 1 so far as relating to appeals under the Vaccine Damage Payments Act;
sections 45 to 47 and this section;
paragraphs 5 to 10 of Schedule 7 and section 86(1) so far as relating to those paragraphs; and
section 86(2) and Schedule 8 so far as relating to the Vaccine Damage Payments Act.