Social Security Act 1973

84 Questions arising under the basic scheme.

(1) Any of the following questions arising under Part I of this Act shall be determined by the Secretary of State in accordance with Part IV of the former principal Act—

(a) any question whether a person is an earner and, if he is, as to the category of earners in which he is to be included;

(b) subject to subsection (2) below, any question—

(i) whether the contribution conditions for any benefit are satisfied, or

(ii) otherwise relating to a person's contributions or his earnings factor ;

(c) any question which of two or more persons satisfying the conditions for an increase of benefit, whether benefit of the same or a different description, shall be entitled to the increase where by virtue of some provision of Part I of this Act not more than one of those persons is so entitled ;

(d) any question as to the person to be treated as maintaining a child, or as to the family in which a child is to be treated as included, in a case where by virtue of the Schedule to the Family Allowances Act that question falls to be decided by the Secretary of State in his discretion;

(e) any question arising under paragraph 1(4) of Schedule 10 to this Act.

(2) Subsection (1)(b) above includes any question arising—

(a) under section 5(6) of this 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

(b) under regulations made by virtue of section 5(8), (9) or (10);

but not any other question relating to Class 4 contributions, nor any question to which subsection (5)(b) below applies.

(3) A decision of the Secretary of State on any such question as is mentioned in paragraph (d) of subsection (1) above may be given so as to have effect with respect to a period before the date of the decision.

(4) The Secretary of State may, if he thinks fit, before determining any question such as is mentioned in subsection (1)(a) to(c) above, appoint a person to hold an inquiry into the question, or any matters arising in connection therewith, and to report on the question, or on those matters, to the Secretary of State.

(5) Any question arising under Part I of this Act—

(a) as to the right to benefit (but not such a question as is referred to in paragraph 14 of Schedule 7); or

(b) whether a person would by reason of the provisions of, or of any regulations made under, section 14(2) or (3) of this Act have been disqualified for receiving unemployment benefit, sickness benefit or invalidity benefit if he had otherwise had a right thereto,

shall be determined in accordance with the provisions of sections 68 to 72 of the former principal Act by an insurance officer, a local tribunal or a National Insurance Commissioner.

(6) Part IV of the former principal Act (determination of claims and questions), so far as it remains in force, shall be amended as shown in Part I of Schedule 21 to this Act and, as so amended and with the repeals effected by this Act and any other Act of the same session in which this Act is passed, shall have effect as set out in Part II of that Schedule.