Part IDecisions and Appeals

C7Chapter IGeneral

Annotations:
Modifications etc. (not altering text)
C7

Pt. I Ch. I functions transferred (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), arts. 1(1), 3(1), 4, 5, Sch. 1 (with Sch. 4)

Decisions

I121Transfer of functions to Secretary of State

The following functions are hereby transferred to the Secretary of State, namely—

I4I6I8C2I10a

the functions of adjudication officers appointed under section 38 of the Social Security Administration Act 1992 (“the Administration Act”);

b

the functions of social fund officers appointed under section 64 of that Act; and

I3c

the functions of child support officers appointed under section 13 of the Child Support Act 1991 (“the Child Support Act”).

C1I132Use of computers

I11

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—

a

by a computer for whose operation such an officer is responsible; and

b

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.

2

In this section “relevant enactment” means any enactment contained in—

I5I7I9I11a

Chapter II of this Part;

I1b

the Social Security Contributions and Benefits Act 1992 (“the Contributions and Benefits Act”);

I1c

the Administration Act;

I1d

the Child Support Act;

I1e

the Social Security (Incapacity for Work) Act 1994;

I1f

the Jobseekers Act 1995 (“the Jobseekers Act”);

I1g

the Child Support Act 1995; F4...

I1h

the Social Security (Recovery of Benefits) Act 1997; F10...

F3i

the State Pension Credit Act 2002; F18...

F9j

Part 1 of the Welfare Reform Act 2007;

F17k

Part 1 of the Welfare Reform Act 2012;F21...

F19l

Part 4 of that Act;

F22m

Part 1 of the Pensions Act 2014;F24...

F23n

section 30 of the Pensions Act 2014;F25or

o

sections 18 to 21 of the Welfare Reform and Work Act 2016.

I13

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).

I2C8C93Use of information

C3C41

Subsection (2) below applies to information relating to F5any of the matters specified in subsection (1A) below which is held—

a

by the Secretary of State or the Northern Ireland Department; or

b

by a person providing services to the Secretary of State or the Northern Ireland Department in connection with the provision of those services.

F61A

The matters are—

a

social security F13... or war pensions;

F14aa

child support F16... ;

b

employment or training;

c

private pensions policy;

d

retirement planning;

F15e

the investigation or prosecution of offences relating to tax credits;

F20f

the Diffuse Mesothelioma Payment Scheme.

C62

Information to which this subsection applies—

C5a

may be used for the purposes of, or for any purposes connected with, the exercise of functions in relation to F7any of the matters specified in subsection (1A) above; and

b

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.

F23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In this section “the Northern Ireland Department” means the Department of Health and Social Services for Northern Ireland F1or the Department for Employment and Learning in Northern Ireland.

F85

In this section—

  • private pensions policy” means policy relating to—

    1. a

      F11occupational pension schemes or personal pension schemes (within the meaning given by section 1 of the Pension Schemes Act 1993);F12or

    2. b

      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.