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Social Security Act 1998

Status:

Point in time view as at 01/08/2013.

Changes to legislation:

Social Security Act 1998, Chapter II is up to date with all changes known to be in force on or before 27 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Chapter IISocial Security Decisions and Appeals

Modifications etc. (not altering text)

C1Pt. 1 Ch. 2: power to transfer functions conferred (25.2.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 17, 28(2)(c) (with Sch. 8)

C2Pt. 1 Ch. 2: power to apply and exclude conferred (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 23(1), 28(3) (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

C6Pt. 1 Ch. 2 modified (5.10.1999) by Tax Credits Act 1999 (c. 10), s. 20(2), Sch. 2 para. 21 (with s. 19)

C7Pt. 1 Ch. 2 power to apply (with modifications) conferred (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 52(4)(6)(g), 89(4)(a)

C9Pt. 1 Ch. 2: power to apply conferred (8.7.2002) by Tax Credits Act 2002 (c. 21), ss. 61, 63(8)(a)

C10Pt. 1 Ch. 2 functions transferred (26.2.2003 for specified purposes, 1.4.2003 for specified purposes, 7.4.2003 in so far as not already in force) by Tax Credits Act 2002 (c. 21), ss. 50(2)(e), s. 61, Sch. 4 para. 15; S.I. 2003/392, art. 2

C11Pt. 1 Ch. 2 applied (8.7.2004) by Age-Related Payments Act 2004 (c. 10), s. 5(5)

C13Pt. 1 Ch. 2 modified (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 132(8), 170; S.I. 2008/3137, art. 2

Decisions

8Decisions by Secretary of State

(1)Subject to the provisions of this Chapter, it shall be for the Secretary of State—

(a)to decide any claim for a relevant benefit;

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F2and]

(c)subject to subsection (5) below, to make any decision that falls to be made under or by virtue of a relevant enactment; F3...

F3(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Where at any time a claim for a relevant benefit is decided by the Secretary of State—

(a)the claim shall not be regarded as subsisting after that time; and

(b)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.

(3)F4In this Chapter “relevant benefit” ... means any of the following, namely—

(a)benefit under Parts II to V of the Contributions and Benefits Act;

[F5(aa)universal credit;]

(b)a jobseeker’s allowance;

[F6(ba)an employment and support allowance;]

[F7(baa)personal independence payment;]

[F8(bb)state pension credit;]

(c)income support;

F9(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)a social fund payment mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act;

(g)child benefit;

(h)such other benefit as may be prescribed.

(4)In this section “relevant enactment” means any enactment contained in this Chapter, the Contributions and Benefits Act, the Administration Act, the [1992 c. 6.] Social Security (Consequential Provisions) Act 1992[F10, the Jobseekers Act[F11, the State Pension Credit Act 2002[F12, Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012]]] [F13or Part 4 of that Act], other than one contained in—

(a)Part VII of the Contributions and Benefits Act so far as relating to housing benefit and council tax benefit;

(b)Part VIII of the Administration Act (arrangements for housing benefit and council tax benefit and related subsidies).

[F14(5)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.]

Textual Amendments

F5S. 8(3)(aa) inserted (25.2.2013 for specified purposes, 29.4.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 45(a); S.I. 2013/358, art. 2(1), Sch. 1 para. 21; S.I. 2013/983, art. 3(1)(b)(iii)

F6S. 8(3)(ba) inserted (18.3.2008 for specified purposes, 27.7.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 17(3)(a); S.I. 2008/787, art. 2(1)(3)(a), Sch.

F7S. 8(3)(baa) inserted (25.2.2013 for specified purposes, 8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 39(a); S.I. 2013/358, arts. 2(1), 7(1)(2)(k), Sch. 1 para. 23, Sch. 3; S.I. 2013/1250, art. 2

F8S. 8(3)(bb) inserted (2.7.2002 for specified purposes, 7.4.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 1 para. 6(2); S.I. 2002/1691, art. 2(i); S.I. 2003/966, art. 2(a)

F10Words in s. 8(4) substituted (2.7.2002 for specified purposes, 7.4.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 1 para. 6(3); S.I. 2002/1691, art. 2(i); S.I. 2003/966, art. 2(a)

F11Words in s. 8(4) substituted (18.3.2008 for specified purposes, 27.7.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 17(3)(b); S.I. 2008/787, art. 2(1)(3)(a), Sch.

F12Words in s. 8(4) substituted (25.2.2013 for specified purposes, 29.4.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 45(b); S.I. 2013/358, art. 2(1), Sch. 1 para. 21; S.I. 2013/983, art. 3(1)(b)(iii)

F13Words in s. 8(4) inserted (25.2.2013 for specified purposes, 8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 39(b); S.I. 2013/358, arts. 2(1), 7(1)(2)(k), Sch. 1 para. 23, Sch. 3; S.I. 2013/1250, art. 2

Modifications etc. (not altering text)

C15S. 8 modified (E.W.S.) (1.6.1999 for specified purposes, 5.7.1999 for specified purposes, 6.9.1999 for specified purposes, 5.10.1999 for specified purposes, 18.10.1999 for specified purposes, 29.11.1999 so far as not already in force) by The Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991), regs. 1(2), 15

C18S. 8(1)(a)(c): transfer of functions (5.10.1999) by Tax Credits Act 1999 (c. 10), ss. 2(1)(b), 20(2), Sch. 2 para. 5(b)(i) (with s. 19)

Commencement Information

I1S. 8 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

I2S. 8(1)(a)(c)(2)(3)(a)(g)(4)(5) in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I3S. 8(1)(a)(c)(2)(3)(a)(4)(5) in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I4S. 8(1)(a)(c)(2)(3)(d)(e)(4)(5) in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I5S. 8(1)(a)(c)(2)(3)(a)(b)(4)(5) in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

9Revision of decisions

(1)F15... Any decision of the Secretary of State under section 8 above or section 10 below may be revised by the Secretary of State—

(a)either within the prescribed period or in prescribed cases or circumstances; and

(b)either on an application made for the purpose or on his own initiative;

and regulations may prescribe the procedure by which a decision of the Secretary of State may be so revised.

(2)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.

(3)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.

(4)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.

(5)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.

(6)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.

Textual Amendments

Modifications etc. (not altering text)

C19S. 9 applied (with modifications) (E.W.S.) (1.6.1999) by The Social Security Commissioners (Procedure) Regulations 1999 (S.I. 1999/1495), regs. 1, 15(2) (with reg. 3)

C20S. 9 applied (with modifications) by Pension Schemes Act 1993 (c. 48), s. 170(4) (as substituted (14.6.1999 for specified purposes, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 16(2), 28(3) (with Sch. 8); S.I. 1999/1662, art 2, Sch. (with art. 4))

C24S. 9(1): transfer of functions in part (5.10.1999) by Tax Credits Act 1999 (c. 10), ss. 2(1)(b), 20(2), Sch. 2 para. 5(b)(ii) (with s. 19)

Commencement Information

I6S. 9 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I7S. 9 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I8S. 9 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I9S. 9 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I10S. 9 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

I11S. 9(1)(4)(6) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

10Decisions superseding earlier decisions

(1)Subject to [F16subsection (3)] F17... below, the following, namely—

(a)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; F18...

[F19(aa)any decision under this Chapter of an appeal tribunal or a Commissioner; and]

(b)any decision under this Chapter [F20of the First-tier Tribunal or any decision of the Upper Tribunal which relates to any such decision],

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.

(2)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.

(3)Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this section.

F21(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)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.

(6)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.

[F22(7)In this section—

  • “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);

  • “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.]

Textual Amendments

F18Word in s. 10(1)(a) repealed (with effect in accordance with s. 103(2) of the amending Act) by Welfare Reform Act 2012 (c. 5), s. 150(1)(b), Sch. 12 para. 4(2)

F19S. 10(1)(aa) inserted (with effect in accordance with s. 103(2) of the amending Act) by Welfare Reform Act 2012 (c. 5), s. 150(1)(b), Sch. 12 para. 4(2)

F22S. 10(7) inserted (with effect in accordance with s. 103(2) of the amending Act) by Welfare Reform Act 2012 (c. 5), s. 150(1)(b), Sch. 12 para. 4(3)

Modifications etc. (not altering text)

C25S. 10 applied (with modifications) (E.W.S.) (1.6.1999) by The Social Security Commissioners (Procedure) Regulations 1999 (S.I. 1999/1495), regs. 1, 15(2) (with reg. 3)

C26S. 10 extended (E.W.S.) (1.6.1999 for specified purposes, 5.7.1999 for specified purposes, 6.9.1999 for specified purposes, 5.10.1999 for specified purposes, 18.10.1999 for specified purposes, 29.11.1999 so far as not already in force) by The Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991), regs. 1(2), 14(2)(4)

C27S. 10 modified (E.W.S.) (1.6.1999 for specified purposes, 5.7.1999 for specified purposes, 6.9.1999 for specified purposes, 5.10.1999 for specified purposes, 18.10.1999 for specified purposes, 29.11.1999 so far as not already in force) by The Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991), regs. 1(2), 15

C28S. 10 applied (with modifications) by Pension Schemes Act 1993 (c. 48), s. 170(4) (as substituted (14.6.1999 for specified purposes, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 16(2), 28(3) (with Sch. 8); S.I. 1999/1662, art 2, Sch. (with art. 4))

Commencement Information

I12S. 10 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I13S. 10 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I14S. 10 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I15S. 10 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I16S. 10 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

I17S. 10(3)(6) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

[F23Reference of issues by Secretary of State to Inland Revenue

Textual Amendments

F23S. 10A and cross-heading inserted (14.6.1999 for specified purposes, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 24 (with Sch. 8); S.I. 1999/1662, art 2, Sch. (with art. 4)

10A Reference of issues by Secretary of State to Inland Revenue.

(1)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.

(2)Regulations under this section may—

(a)provide for the Inland Revenue to give the Secretary of State a preliminary opinion on any issue referred to them,

(b)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,

(c)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

(d)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 [F24First-tier Tribunal or Upper Tribunal] made on appeal from [F25the tribunal’s decision].]

Textual Amendments

F23S. 10A and cross-heading inserted (14.6.1999 for specified purposes, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 24 (with Sch. 8); S.I. 1999/1662, art 2, Sch. (with art. 4)

11Regulations with respect to decisions

(1)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.

(2)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.

(3)In this section—

  • “the current legislation” means the Contributions and Benefits Act, the Jobseekers Act F26... [F27, the Social Security (Recovery of Benefits) Act 1997[F28, the State Pension Credit Act 2002[F29, Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012]]] [F30and Part 4 of that Act];

  • “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;

  • “the former legislation” means the National Insurance Acts 1965 to 1974, the National Insurance (Industrial Injuries) Acts 1965 to 1974, the Social Security Act 1975 and Part II of the Social Security Act 1986.

Textual Amendments

F27Words in s. 11(3) substituted (2.7.2002 for specified purposes, 7.4.2003 so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 1 para. 7; S.I. 2002/1691, art. 2(i); S.I. 2003/966, art. 2(a)

Modifications etc. (not altering text)

C32S. 11(2)(3): transfer of functions (5.10.1999) by Tax Credits Act 1999 (c. 10), ss. 2(1)(b), 20(2), Sch. 2 para. 5(b)(iii) (with s. 19)

Commencement Information

I18S. 11 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

I19S. 11(1) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I20S. 11(1)(2)(3) in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I21S. 11(1)(2)(3) in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I22S. 11(1)(2)(3) in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I23S. 11(1)(2)(3) in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

Appeals

12Appeal to [F31First-tier Tribunal]

(1)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—

(a)is made on a claim for, or on an award of, a relevant benefit, and does not fall within Schedule 2 to this Act; [F32or]

(b)is made otherwise than on such a claim or award, and falls within Schedule 3 to this Act; F33...

F33(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F34(2)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 [F35the First-tier Tribunal], but nothing in this subsection shall confer a right of appeal—

[F36(a)]in relation to a prescribed decision, or a prescribed determination embodied in or necessary to a decision[F37, or

(b)where regulations under subsection (3A) so provide.]]

(3)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.

[F38(3A)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.

(3B)The regulations may in particular provide that that condition is met only where—

(a)the consideration by the Secretary of State was on an application,

(b)the Secretary of State considered issues of a specified description, or

(c)the consideration by the Secretary of State satisfied any other condition specified in the regulations.

(3C)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.]

(4)Where the Secretary of State has determined that any amount is recoverable under or by virtue of section 71[F39, 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 [F40the First-tier Tribunal] as a claimant.

(5)In any case where—

(a)the Secretary of State has made a decision in relation to a claim under Part V of the Contributions and Benefits Act; and

(b)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,

that other person shall have the same right of appeal to [F41the First-tier Tribunal] as the claimant.

(6)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.

(7)Regulations may—

[F42(a)]make provision as to the manner in which, and the time within which, appeals are to be brought;

[F43(b)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.]

(8)In deciding an appeal under this section, [F44the First-tier Tribunal]—

(a)need not consider any issue that is not raised by the appeal; and

(b)shall not take into account any circumstances not obtaining at the time when the decision appealed against was made.

(9)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.

Textual Amendments

F36Words in s. 12(2) renumbered as s. 12(2)(a) (25.2.2013) by Welfare Reform Act 2012 (c. 5), ss. 102(2)(a), 150(3); S.I. 2013/358, art. 2(2), Sch. 2 para. 37

F37S. 12(2)(b) and preceding word inserted (25.2.2013) by Welfare Reform Act 2012 (c. 5), ss. 102(2)(b), 150(3); S.I. 2013/358, art. 2(2), Sch. 2 para. 37

F42Words in s. 12(7) renumbered as s. 12(7)(a) (25.2.2013) by Welfare Reform Act 2012 (c. 5), ss. 102(4)(a), 150(3); S.I. 2013/358, art. 2(2), Sch. 2 para. 37

Modifications etc. (not altering text)

C33S. 12 applied (with modifications) by 1993 c. 48, s. 170(6) (as substituted (14.6.1999 for specified purposes) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 16(2), 28(3) (with Sch. 8); S.I. 1999/1662, art 2, Sch. (with art. 4))

C34Ss. 12-15 applied (5.10.1999) by Tax Credits Act 1999 (c. 10), s. 20(2), Sch. 4 para. 3(2)(a) (with s. 19)

C35S. 12 applied (with application in accordance with reg. 1(3)(d)(e)(f) of the amending S.I.) by The Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 (S.I. 2000/1926), regs. 1(3), 9

C37S. 12 applied (with modifications) (temp.) (17.12.2002) by The Tax Credits (Appeals) Regulations 2002 (S.I. 2002/2926), regs. 1(1)(2), 4

C38S. 12 applied (with modifications) (25.2.2005) by The Child Trust Funds (Non-tax Appeals) Regulations 2005 (S.I. 2005/191), regs. 1(1), 6

Commencement Information

I24S. 12 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

I25S. 12(1) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I26S. 12(1)(a)(b)(2)-(9) in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I27S. 12(1)(a)(b)(2)-(4)(6)-(9) in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I28S. 12(1)(a)(b)(2)-(4)(6)-(9) in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I29S. 12(1)(a)(b)(2)-(4)(6)-(9) in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I30S. 12(2)(3)(6)(7) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

13Redetermination etc. of appeals by tribunal

(1)This section applies where an application is made [F45to 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].

[F46(2)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.]

(3)If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, [F47the First-tier Tribunal] shall set aside the decision and refer the case for determination by a differently constituted [F48First-tier Tribunal].

[F49(4)In this section and section 14 below “the principal parties” means—

(a)the persons mentioned in subsection (3)(a) and (b) of that section, and

(b)where applicable, the person mentioned in subsection (3)(d) and such a person as is first mentioned in subsection (4) of that section.]

Textual Amendments

F45Words in s. 13(1) substituted except in relation to S. for specified purposes (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 150(a)

F46S. 13(2) omitted except in relation to S. for specified purposes (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 150(b)

F47Words in s. 13(3) substituted except in relation to S. for specified purposes (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 150(c)(i)

F48Words in s. 13(3) substituted except in relation to S. for specified purposes (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 150(c)(ii)

Modifications etc. (not altering text)

C34Ss. 12-15 applied (5.10.1999) by Tax Credits Act 1999 (c. 10), s. 20(2), Sch. 4 para. 3(2)(a) (with s. 19)

C40Ss. 13-18 applied (with modifications) by Pension Schemes Act 1993 (c. 48), s. 170(7) (as substituted (14.6.1999 for specified purposes, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 16(2), 28(3) (with Sch. 8); S.I. 1999/1662, art 2, Sch. (with art. 4))

C41S. 13 applied (with modifications) (temp.) (17.12.2002) by The Tax Credits (Appeals) Regulations 2002 (S.I. 2002/2926), regs. 1(1)(2), 5

C42S. 13 applied (with modifications) (25.2.2005) by The Child Trust Funds (Non-tax Appeals) Regulations 2005 (S.I. 2005/191), regs. 1(1), 7

Commencement Information

I31S. 13 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I32S. 13 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I33S. 13 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I34S. 13 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I35S. 13 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

14Appeal from [F50First-tier Tribunal to Upper Tribunal]

F51(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F53... an appeal [F54to 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—

(a)the Secretary of State;

(b)the claimant and such other person as may be prescribed;

(c)in any of the cases mentioned in subsection (5) below, a trade union; and

(d)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.

(4)In a case relating to industrial injuries benefit an appeal [F55to 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.

(5)The following are the cases in which an appeal lies at the instance of a trade union—

(a)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;

(b)where that matter in any way relates to a deceased person who was a member of the union at the time of his death;

(c)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.

(6)Subsections F56... (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.

[F57(7)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.

(8)Where the Commissioner holds that the decision appealed against was erroneous in point of law, he shall set it aside and—

(a)he shall have power—

(i)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

(ii)if he considers it expedient, to make such findings and to give such decision as he considers appropriate in the light of them; and

(b)in any other case he shall refer the case to a tribunal with directions for its determination.

(9)Subject to any direction of the Commissioner, a reference under subsection (7) or (8)(b) above shall be to a differently constituted tribunal.

(10)No appeal lies under this section without the leave—

(a)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

(b)subject to and in accordance with regulations, of a Commissioner.

(11)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.

(12)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.]

Textual Amendments

F57S. 14(7)-(12) omitted except in relation to S. for specified purposes (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 151(d)

Modifications etc. (not altering text)

C34Ss. 12-15 applied (5.10.1999) by Tax Credits Act 1999 (c. 10), s. 20(2), Sch. 4 para. 3(2)(a) (with s. 19)

C40Ss. 13-18 applied (with modifications) by Pension Schemes Act 1993 (c. 48), s. 170(7) (as substituted (14.6.1999 for specified purposes, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 16(2), 28(3) (with Sch. 8); S.I. 1999/1662, art 2, Sch. (with art. 4))

C44S. 14 applied (with modifications) (temp.) (17.12.2002) by The Tax Credits (Appeals) Regulations 2002 (S.I. 2002/2926), regs. 1(1)(2), 6, 7

C45S. 14 applied (with modifications) (25.2.2005) by The Child Trust Funds (Non-tax Appeals) Regulations 2005 (S.I. 2005/191), regs. 1(1), 8, 9

C48S. 14(7)-(12) applied (with modifications) (1.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 51(3), 62(3); S.I. 2008/1476, art. 3(2)(b)

Commencement Information

I36S. 14 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I37S. 14 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I38S. 14 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I39S. 14 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I40S. 14 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

I41S. 14(3)(10)(11) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I42S. 14(12) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

15[F58Applications for permission to appeal against a decision of the Upper Tribunal]

[F59(1)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.

(2)No appeal under this section shall lie from a decision except—

(a)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

(b)if he refuses leave, with the leave of the appropriate court.]

(3)[F60An 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—

(a)a person who, before the proceedings before the [F61Upper Tribunal] were begun, was entitled to appeal to the [F61Upper Tribunal] from the decision to which the [F62Upper Tribunal’s] decision relates;

(b)any other person who was a party to the proceedings in which the first decision mentioned in paragraph (a) above was given;

(c)any other person who is authorised by regulations to apply for [F63permission];

[F64and 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.]

[F65(4)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—

(a)the Court of Appeal if it appears to him that the relevant place is in England or Wales;

(b)the Court of Session if it appears to him that the relevant place is in Scotland; and

(c)the Court of Appeal in Northern Ireland if it appears to him that the relevant place is in Northern Ireland,

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.

(5)In this section—

  • “the appropriate court”, except in subsection (4) above, means the court specified in pursuance of that subsection;

  • “the relevant place”, in relation to an application for leave to appeal from a decision of a Commissioner, means the premises where the person or authority whose decision was the subject of the Commissioner’s decision usually exercises his or its functions.]

Textual Amendments

F58S. 15 heading substituted except in relation to S. for specified purposes (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 152(a)

F59S. 15(1)(2) omitted except in relation to S. for specified purposes (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 152(b)

F60Words in s. 15(3) substituted except in relation to S. for specified purposes (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 152(c)(i)

F61Words in s. 15(3)(a) substituted except in relation to S. for specified purposes (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 152(c)(ii)

F62Words in s. 15(3)(a) substituted except in relation to S. for specified purposes (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 152(c)(iii)

F63Word in s. 15(3)(c) substituted except in relation to S. for specified purposes (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 152(c)(iv)

F64Words in s. 15(3) omitted except in relation to S. for specified purposes (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 152(c)(v)

F65S. 15(4)(5) omitted except in relation to S. for specified purposes (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 152(d)

Modifications etc. (not altering text)

C34Ss. 12-15 applied (5.10.1999) by Tax Credits Act 1999 (c. 10), s. 20(2), Sch. 4 para. 3(2)(a) (with s. 19)

C40Ss. 13-18 applied (with modifications) by Pension Schemes Act 1993 (c. 48), s. 170(7) (as substituted (14.6.1999 for specified purposes, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 16(2), 28(3) (with Sch. 8); S.I. 1999/1662, art 2, Sch. (with art. 4))

Commencement Information

I43S. 15 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I44S. 15 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I45S. 15 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I46S. 15 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I47S. 15 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

I48S. 15(2)(3) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

[F6615A.Functions of Senior President of Tribunals

(1)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.

(2)Each year the Senior President of Tribunals shall make to the Secretary of State F67... a written report, based on the cases coming before the First-tier Tribunal, on the standards achieved by the Secretary of State F67... in the making of decisions against which an appeal lies to the First-tier Tribunal.

(3)The Lord Chancellor shall publish the report.]

Textual Amendments

Modifications etc. (not altering text)

Procedure etc.

16Procedure

(1)Regulations (“procedure regulations”) may make any such provision as is specified in Schedule 5 to this Act.

[F68(2)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.]

(3)It is hereby declared—

[F69(a)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]

(b)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.

(4)Subsection (5) below applies to any issue—

(a)as to whether a Class 1A contribution is payable, or otherwise relating to a Class 1A contribution; or

(b)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;

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.

(5)In proceedings for the determination of an issue to which this subsection applies—

(a)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

(b)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.

[F70(6)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.

(7)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—

(a)an application for leave under section 14(10)(b) above; or

(b)an appeal,

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.

(8)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.

(9)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.]

Textual Amendments

F68S. 16(2) omitted except in relation to S. for specified purposes (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 154

F69S. 16(3)(a) and following word omitted except in relation to S. for specified purposes (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 154

F70S. 16(6)-(9) omitted except in relation to S. for specified purposes (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 154

Modifications etc. (not altering text)

C40Ss. 13-18 applied (with modifications) by Pension Schemes Act 1993 (c. 48), s. 170(7) (as substituted (14.6.1999 for specified purposes, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 16(2), 28(3) (with Sch. 8); S.I. 1999/1662, art 2, Sch. (with art. 4))

C53S. 16 applied (with modifications) (temp.) (17.12.2002) by The Tax Credits (Appeals) Regulations 2002 (S.I. 2002/2926), regs. 1(1)(2), 9

C54S. 16 applied (with modifications) (25.2.2005) by The Child Trust Funds (Non-tax Appeals) Regulations 2005 (S.I. 2005/191), regs. 1(1), 11

Commencement Information

I49S. 16 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I50S. 16 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I51S. 16 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I52S. 16 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I53S. 16 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

I54S. 16(1)-(3)(9) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I55S. 16(4) in force at 8.9.1998 for specified purposes and 6.4.1999 in so far as not already in force by S.I. 1998/2209, art. 2(a)(c), Sch. Pts. I, III

I56S. 16(5) in force at 8.9.1998 by S.I. 1998/2209, art. 2(a), Sch. Pt. I

17Finality of decisions

(1)Subject to the provisions of this Chapter [F71and 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.

(2)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—

(a)further such decisions;

(b)decisions made under the Child Support Act; and

(c)decisions made under the Vaccine Damage Payments Act.

Textual Amendments

Modifications etc. (not altering text)

C40Ss. 13-18 applied (with modifications) by Pension Schemes Act 1993 (c. 48), s. 170(7) (as substituted (14.6.1999 for specified purposes, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 16(2), 28(3) (with Sch. 8); S.I. 1999/1662, art 2, Sch. (with art. 4))

C56S. 17 applied (with modifications) (temp.) (17.12.2002) by The Tax Credits (Appeals) Regulations 2002 (S.I. 2002/2926), regs. 1(1)(2), 10

C57S. 17 applied (with modifications) (25.2.2005) by The Child Trust Funds (Non-tax Appeals) Regulations 2005 (S.I. 2005/191), regs. 1(1), 12

Commencement Information

I57S. 17 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I58S. 17 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I59S. 17 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I60S. 17 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I61S. 17 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I62S. 17 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

18Matters arising as respects decisions

(1)Regulations may make provision as respects matters arising—

(a)pending any decision under this Chapter of the Secretary of State [F72or 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—

(i)any claim for a relevant benefit; [F73or]

(ii)any person’s entitlement to such a benefit or its receipt; [F74or]

F75(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F75(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)out of the revision under section 9 above or on appeal of any such decision.

(2)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 [F76or qualifying young person] in a case where, before the benefit was awarded to that person, child benefit in respect of the child [F77or qualifying young person] was awarded to another person.

Textual Amendments

F76Words in s. 18(2) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 26(a)

F77Words in s. 18(2) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 26(b)

Modifications etc. (not altering text)

C40Ss. 13-18 applied (with modifications) by Pension Schemes Act 1993 (c. 48), s. 170(7) (as substituted (14.6.1999 for specified purposes, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 16(2), 28(3) (with Sch. 8); S.I. 1999/1662, art 2, Sch. (with art. 4))

Commencement Information

I63S. 18 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

I64S. 18(1) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I65S. 18(1) in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I66S. 18(1) in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I67S. 18(1) in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I68S. 18(1) in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I69S. 18(2) in force at 18.10.1999 by S.I. 1999/2860, art. 2(a) (with art. 4, Schs. 16-18)

Medical examinations

19Medical examination required by Secretary of State

(1)Before making a decision on a claim for a relevant benefit, or as to a person’s entitlement to such a benefit F78... , the Secretary of State may refer the person—

(a)in respect of whom the claim is made; or

(b)whose entitlement is at issue,

to a [F79health 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.

(2)Subsection (3) below applies where—

(a)the Secretary of State has exercised the power conferred on him by subsection (1) above; and

(b)the [F80health care professional approved by the Secretary of State] requests the person referred to him to attend for or submit himself to medical examination.

(3)If the person fails without good cause to comply with the request, the Secretary of State shall make the decision against him.

Textual Amendments

F79Words in s. 19(1) substituted (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 62(2), 70(1)

F80Words in s. 19(2)(b) substituted (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 62(2), 70(1)

Commencement Information

I70S. 19 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I71S. 19 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I72S. 19 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I73S. 19 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I74S. 19 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

20Medical examination required by appeal tribunal

(1)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 F81....

(2)[F82The First-tier Tribunal may, if conditions prescribed by Tribunal Procedure Rules] are satisfied, refer the person—

(a)in respect of whom the claim is made; or

(b)whose entitlement is at issue,

to a [F83health care professional approved by the Secretary of State] for such examination and report as appears to [F84the First-tier Tribunal] to be necessary for the purpose of providing [F85it] with information for use in determining the appeal.

F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F87(2A)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.]

(3)At a hearing before [F88the First-tier Tribunal, except in cases or circumstances prescribed by Tribunal Procedure Rules,] the tribunal—

(a)may not carry out a physical examination of the person mentioned in subsection (2) above; and

(b)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.

Textual Amendments

F83Words in s. 20(2) substituted (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 62(3), 70(1)

F87S. 20(2A) inserted (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 62(4), 70(1)

Commencement Information

I75S. 20 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I76S. 20 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I77S. 20 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

I78S. 20(1)(2)(3)(a) in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I79S. 20(1)(2)(3)(a) in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I80S. 20(1)(2)(3)(a) in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

[F8920A.Travelling and other allowances

(1)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.

(2)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).]

Textual Amendments

Suspension and termination of benefit

21Suspension in prescribed circumstances

(1)Regulations may provide for—

(a)suspending payments of a relevant benefit, in whole or in part, in prescribed circumstances;

(b)the subsequent making in prescribed circumstances of any or all of the payments so suspended.

(2)Regulations made under subsection (1) above may, in particular, make provision for any case where—

(a)it appears to the Secretary of State that an issue arises whether the conditions for entitlement to a relevant benefit are or were fulfilled;

(b)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);

(c)an appeal is pending against a decision of [F90the First-tier Tribunal, the Upper Tribunal] or a court; or

(d)an appeal is pending against the decision given in a different case by [F91the 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.

(3)For the purposes of subsection (2) above, an appeal against a decision is pending if—

(a)an appeal against the decision has been brought but not determined;

(b)an application for [F92permission] to appeal against the decision has been made but not determined; or

(c)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 [F93permission] to appeal against the decision has not been made) but the time for doing so has not yet expired.

F94(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I81S. 21 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I82S. 21 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I83S. 21 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I84S. 21 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I85S. 21 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I86S. 21 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

22Suspension for failure to furnish information etc

(1)The powers conferred by this section are exercisable in relation to persons who fail to comply with information requirements.

(2)Regulations may provide for—

(a)suspending payments of a relevant benefit, in whole or in part;

(b)the subsequent making in prescribed circumstances of any or all of the payments so suspended.

(3)In this section and section 23 below “information requirement” means a requirement, made in pursuance of regulations under [F95section 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.

[F96(4)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.]

Textual Amendments

F96S. 22(4) inserted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 1 para. 8; S.I. 2002/1691, art. 2(i); S.I. 2003/1766, art. 2(a)

Modifications etc. (not altering text)

Commencement Information

I87S. 22 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I88S. 22 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I89S. 22 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I90S. 22 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I91S. 22 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I92S. 22 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

23Termination in cases of failure to furnish information

Regulations may provide that, except in prescribed cases or circumstances, a person—

(a)whose benefit has been suspended in accordance with regulations under section 21 above and who subsequently fails to comply with an information requirement; or

(b)whose benefit has been suspended in accordance with regulations under section 22 above for failing to comply with such a requirement,

shall cease to be entitled to the benefit from a date not earlier than the date on which payments were suspended.

Modifications etc. (not altering text)

Commencement Information

I93S. 23 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I94S. 23 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I95S. 23 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I96S. 23 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I97S. 23 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I98S. 23 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

24Suspension and termination for failure to submit to medical examination

Regulations may make provision—

(a)enabling the Secretary of State to require a person to whom a relevant benefit has been awarded to submit to medical examination;

(b)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;

(c)for the subsequent making in prescribed circumstances of any or all of the payments so suspended;

(d)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.

Commencement Information

I99S. 24 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I100S. 24 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I101S. 24 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I102S. 24 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I103S. 24 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I104S. 24 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

[F97Appeals dependent on issues falling to be decided by Inland Revenue

Textual Amendments

F97S. 24A and cross-heading inserted (14.6.1999 for specified purposes, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 33 (with Sch. 8); S.I. 1999/1662, art 2, Sch. (with art. 4)

24A Appeals dependent on issues falling to be decided by Inland Revenue.

(1)Regulations may make provision for [F98the 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.

(2)Regulations under this section may—

(a)provide for the appeal to be referred to the Secretary of State pending the decision by an officer of the Inland Revenue,

(b)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

(c)enable the Secretary of State, on receiving the decision of an officer of the Inland Revenue, or any determination of the [F99First-tier Tribunal or Upper Tribunal] made on an appeal from his decision—

(i)to revise his decision,

(ii)to make a decision superseding his decision, or

(iii)to refer the appeal to the [F100First-tier Tribunal or Upper Tribunal] for determination.]

Textual Amendments

Decisions and appeals dependent on other cases

25Decisions involving issues that arise on appeal in other cases

(1)This section applies where—

(a)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

(b)an appeal is pending against the decision given in another case by [F101the Upper Tribunal] or a court (whether or not the two cases concern the same benefit).

(2)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.

(3)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—

(a)he need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending;

(b)he may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed.

(4)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.

(5)For the purposes of this section, an appeal against a decision is pending if—

(a)an appeal against the decision has been brought but not determined;

(b)an application for leave to appeal against the decision has been made but not determined; or

(c)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.

(6)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—

(a)an application for, or for leave to apply for, judicial review of the decision under section 31 of the [1981 c. 54.] Supreme Court Act 1981; or

(b)an application to the supervisory jurisdiction of the Court of Session in respect of the decision.

Textual Amendments

Modifications etc. (not altering text)

C63Ss. 25, 26 applied (with modifications) by (14.6.1999 for specified purposes, 5.7.1999 in so far as not already in force) , s. 170(7) (as substituted (14.6.1999 for specified purposes, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 16(2), 28(3) (with Sch. 8); S.I. 1999/1662, art 2, Sch. (with art. 4))

Commencement Information

I105S. 25 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I106S. 25 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I107S. 25 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I108S. 25 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I109S. 25 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

I110S. 25(3)(b)(5)(c) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

26Appeals involving issues that arise on appeal in other cases

(1)This section applies where—

(a)an appeal (“appeal A”) in relation to a decision under section 8, 9 or 10 above is made to [F102the First-tier Tribunal, or from the First-tier Tribunal to the Upper Tribunal]; and

(b)an appeal (“appeal B”) is pending against a decision given in a different case by [F103the Upper Tribunal] or a court (whether or not the two appeals concern the same benefit).

(2)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 [F104First-tier Tribunal or Upper Tribunal]—

(a)not to determine appeal A but to refer it to him; or

(b)to deal with the appeal in accordance with subsection (4) below.

(3)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—

(a)in a case where appeal A has not been determined by the [F105First-tier Tribunal], revise (under section 9 above) his decision which gave rise to that appeal; or

(b)in a case where appeal A has been determined by the [F106First-tier Tribunal], make a decision (under section 10 above) superseding the tribunal’s decision.

(4)Where appeal A is to be dealt with in accordance with this subsection, the [F107First-tier Tribunal or Upper Tribunal] shall either—

(a)stay appeal A until appeal B is determined; or

(b)if the [F108First-tier Tribunal or Upper Tribunal] considers it to be in the interests of the appellant to do so, determine appeal A as if—

(i)appeal B had already been determined; and

(ii)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.

(5)Where the [F109First-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 [F110First-tier Tribunal or Upper Tribunal] in accordance with that determination.

(6)For the purposes of this section, an appeal against a decision is pending if—

(a)an appeal against the decision has been brought but not determined;

(b)an application for leave to appeal against the decision has been made but not determined; or

(c)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.

(7)In this section—

(a)the reference in subsection (1)(a) above to an appeal to [F111the Upper Tribunal] includes a reference to an application for leave to appeal to [F111the Upper Tribunal]; and

(b)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—

(i)an application for, or for leave to apply for, judicial review of the decision under section 31 of the [1981 c. 54.] Supreme Court Act 1981; or

(ii)an application to the supervisory jurisdiction of the Court of Session in respect of the decision.

(8)Regulations may make provision supplementing that made by this section.

Textual Amendments

Modifications etc. (not altering text)

C63Ss. 25, 26 applied (with modifications) by (14.6.1999 for specified purposes, 5.7.1999 in so far as not already in force) , s. 170(7) (as substituted (14.6.1999 for specified purposes, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 16(2), 28(3) (with Sch. 8); S.I. 1999/1662, art 2, Sch. (with art. 4))

Commencement Information

I111S. 26 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I112S. 26 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

I113S. 26(1)-(7) in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I114S. 26(1)-(7) in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I115S. 26(1)-(7) in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I116S. 26(6)(c) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I117S. 26(8) in force at 1.6.1999 by S.I. 1999/1510, art. 2(d) (with arts. 48-51)

Cases of error

27Restrictions on entitlement to benefit in certain cases of error

(1)Subject to subsection (2) below, this section applies where—

(a)the effect of the determination, whenever made, of an appeal to [F112the 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

(b)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)—

(i)in relation to a claim for benefit;

(ii)as to whether to revise, under section 9 above, a decision as to a person’s entitlement to benefit; or

(iii)on an application made under section 10 above for a decision as to a person’s entitlement to benefit to be superseded.

(2)This section does not apply where the decision of the Secretary of State mentioned in subsection (1)(b) above—

(a)is one which, but for section 25(2) or (3)(a) above, would have been made before the date of the relevant determination; or

(b)is one made in pursuance of section 26(3) or (5) above.

(3)In so far as the decision relates to a person’s entitlement to a benefit in respect of—

(a)a period before the date of the relevant determination; or

(b)in the case of a widow’s payment, a death occurring before that date,

it shall be made as if the adjudicating authority’s decision had been found by [F113the Upper Tribunal] or court not to have been erroneous in point of law.

(4)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.

(5)Subsection (1)(a) above shall be read as including a case where—

(a)the effect of the relevant determination is that part or all of a purported regulation or order is invalid; and

(b)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.

(6)It is immaterial for the purposes of subsection (1) above—

(a)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;

(b)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.

(7)In this section—

  • “adjudicating authority” means—

    (a)

    the Secretary of State;

    (b)

    any former officer, tribunal or body; or

    (c)

    any officer, tribunal or body in Northern Ireland corresponding to a former officer, tribunal or body;

  • “benefit” means—

    (a)

    benefit under Parts II to V of the Contributions and Benefits Act, other than Old Cases payments;

    (b)

    benefit under Part II of the [1975 c. 14.] Social Security Act 1975 (in respect of a period before 1st July 1992 but not before 6th April 1975);

    (c)

    benefit under the [1946 c. 67.] National Insurance Act 1946 or [1965 c. 51.] 1965, or the [1946 c. 62.] National Insurance (Industrial Injuries) Act 1946 or [1965 c. 52.] 1965 (in respect of a period before 6th April 1975);

    (d)

    a jobseeker’s allowance;

    (dd)

    [F114state pension credit;]

    (de)

    [F115an employment and support allowance;]

    (df)

    [F116personal independence payment;]

    (e)

    any benefit corresponding to a benefit mentioned in [F117paragraphs (a) [F118to (df)] above]; and

    (f)

    [F119universal credit];

  • “the court” means the High Court, the Court of Appeal, the Court of Session, the High Court or Court of Appeal in Northern Ireland, the [F120Supreme Court] or the Court of Justice of the [F121European Union];

  • “former officer, tribunal or body” means any of the following, that is to say—

    (a)

    an adjudication officer or, in the case of a decision given on a reference under section 21(2) or 25(1) of the Administration Act, a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal;

    (b)

    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

    (c)

    the National Assistance Board, the Supplementary Benefits Commission, the Attendance Allowance Board, a benefit officer, an insurance officer or a supplement officer.

(8)For the purposes of this section, any reference to entitlement to benefit includes a reference to entitlement—

(a)to any increase in the rate of a benefit; or

(b)to a benefit, or increase of benefit, at a particular rate.

(9)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.

(10)Regulations made under subsection (9) above may include provision—

(a)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 [F122the Upper Tribunal]; or

(b)for a determination of a lower court or [F123the Upper Tribunal] to be treated as if it had been made on the date of a determination of a higher court.

Textual Amendments

F114S. 27(7)(dd) inserted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 1 para. 9(a); S.I. 2002/1691, art. 2(i); S.I. 2003/1766, art. 2(a)

F116Words in s. 27(7) inserted (25.2.2013 for specified purposes, 8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 41(a); S.I. 2013/358, arts. 2(1), 7(1)(2)(k), Sch. 1 para. 23, Sch. 3; S.I. 2013/1250, art. 2

F117Words in s. 27(7) substituted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 1 para. 9(b); S.I. 2002/1691, art. 2(i); S.I. 2003/1766, art. 2(a)

F118Words in s. 27(7) substituted (25.2.2013 for specified purposes, 8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 41(b); S.I. 2013/358, arts. 2(1), 7(1)(2)(k), Sch. 1 para. 23, Sch. 3; S.I. 2013/1250, art. 2

F119Words in s. 27(7) substituted (25.2.2013 for specified purposes, 29.4.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 47; S.I. 2013/358, art. 2(1), Sch. 1 para. 21; S.I. 2013/983, art. 3(1)(b)(iii)

Modifications etc. (not altering text)

C66S. 27 restricted (5.10.1999) by Tax Credits Act 1999 (c. 10), s. 20(2), Sch. 2 para. 19(a) (with s. 19)

Commencement Information

I118S. 27 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I119S. 27 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I120S. 27 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I121S. 27 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I122S. 27 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

28Correction of errors and setting aside of decisions

(1)Regulations may make provision with respect to—

(a)the correction of accidental errors in any decision [F124of the Secretary of State] or record of a decision [F124of the Secretary of State] made under any relevant enactment; F125...

F125(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F126(1A)In subsection (1) “decision” does not include [F127any 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.]

(2)Nothing in subsection (1) above shall be construed as derogating from any power to correct errors F128... which is exercisable apart from regulations made by virtue of that subsection.

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

(a)this Chapter;

(b)the Contributions and Benefits Act;

(c)the Pension Schemes Act 1993;

(d)the Jobseekers Act; F129...

(e)the Social Security (Recovery of Benefits) Act 1997; F130...

[F131(f)the State Pension Credit Act 2002]; F132...

[F133(g)Part 1 of the Welfare Reform Act 2007];

[F134(h)Part 1 of the Welfare Reform Act 2012;] [F135or

(i)Part 4 of that Act.]

Textual Amendments

F125S. 28(1)(b) and preceding word omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 164(a)(ii)

F130Word in s. 28(3) repealed (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(1), Sch. 8; S.I. 2008/787, art. 2(4)(g)

F131S. 28(3)(f) and preceding word inserted (2.7.2002 for specified purposes, 7.4.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 1 para. 10; S.I. 2002/1691, art. 2(i); S.I. 2003/966, art. 2(a)

F133S. 28(3)(g) and preceding word inserted (18.3.2008 for specified purposes, 27.7.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 17(6); S.I. 2008/787, art. 2(1)(3)(a), Sch.

F135S. 28(3)(i) and preceding word inserted (25.2.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 42; S.I. 2013/358, art. 2(2), Sch. 2 para. 43

Modifications etc. (not altering text)

C68S. 28 applied (with modifications) by Pension Schemes Act 1993 (c. 48), s. 170(7) (as substituted (14.6.1999 for specified purposes, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 16(2), 28(3) (with Sch. 8); S.I. 1999/1662, art 2, Sch. (with art. 4))

C69S. 28 applied (with modifications) (temp.) (17.12.2002) by The Tax Credits (Appeals) Regulations 2002 (S.I. 2002/2926), regs. 1(1)(2), 11

C70S. 28 applied (with modifications) (25.2.2005) by The Child Trust Funds (Non-tax Appeals) Regulations 2005 (S.I. 2005/191), regs. 1(1), 13

Commencement Information

I123S. 28 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I124S. 28 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

I125S. 28(1)(2)(3)(a)-(c) in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I126S. 28(1)(2)(3)(a)(b) in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I127S. 28(1)(2)(3)(a)(b) in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I128S. 28(1)(2)(3)(a)(b)(d) in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

Industrial accidents

29Decision that accident is an industrial accident

(1)Where, in connection with any claim for industrial injuries benefit, it is decided that the relevant accident was or was not an industrial accident—

(a)an express declaration of that fact shall be made and recorded; and

(b)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.

F136(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Secretary of State[F137, 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.

(4)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.

(5)Where subsection (4) above applies—

(a)in relation to a death occurring before 11th April 1988; or

(b)for the purposes of section 60(2) of the Contributions and Benefits Act,

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”.

(6)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—

(a)it arises out of and in the course of his employment;

(b)that employment is employed earner’s employment for the purposes of Part V of the Contributions and Benefits Act; and

(c)payment of benefit is not under section 94(5) of that Act precluded because the accident happened while he was outside Great Britain.

(7)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.

Textual Amendments

Commencement Information

I129S. 29 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

30Effect of decision

(1)A decision F138... 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.

(2)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.

(3)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.

(4)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.

(5)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.

Textual Amendments

F138Words in s. 30(1) repealed (5.12.2012) by Welfare Reform Act 2012 (c. 5), ss. 68(2), 150(3); S.I. 2012/2530, art. 2(6)(d)

Commencement Information

I130S. 30 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

Other special cases

31Incapacity for work

(1)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.

[F139(1A)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.]

(2)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.

(3)Nothing in this section shall be taken to prejudice the generality of the power conferred by section 17(2) above.

Textual Amendments

F139S. 31(1A) inserted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 17(7); S.I. 2008/787, art. 2(1)(4)(f), Sch.

Commencement Information

I131S. 31 in force at 6.9.1999 by S.I. 1999/2422, art. 2(a) (with art. 4, Sch. 14)

I132S. 31(2)(3) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

32Industrial diseases

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.

Commencement Information

I133S. 32 in force at 18.10.1999 by S.I. 1999/2860, art. 2(a) (with art. 4, Schs. 16-18)

33Christmas bonus

(1)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.

(2)In this section, expressions to which a meaning is assigned by section 150 of that Act have that meaning.

Commencement Information

I134S. 33 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

Housing benefit and council tax benefit

34Determination of claims and reviews

[F140(1)Regulations shall provide that, where a person claims—

(a)housing benefit; or

(b)council tax benefit,

the authority to whom the claim is made shall notify the person of its determination of the claim.

(2)Any such notification shall be given in such form as may be prescribed.

(3)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 [F141or state pension credit] to give priority, in prescribed circumstances, to those claims over other claims for any such benefit.

F142(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F142(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F140S. 34 repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

F141Words in s. 34(3) inserted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 41; S.I. 2002/1691, art. 2(l); S.I. 2003/1766, art. 2(a)

Commencement Information

I135S. 34 in force at 18.10.1999 by S.I. 1999/2860, art. 2(a) (with art. 4, Schs. 16-18)

F14335Suspension of benefit in prescribed circumstances

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

Textual Amendments

Social fund payments

F14436Appropriate officers

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

Textual Amendments

F144Ss. 36-38 repealed (1.4.2013 for the repeal of ss. 36, 38, 1.8.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 8; S.I. 2012/3090, art. 2(1)(d)(2)(c) (with art. 3)

F14437The social fund Commissioner and inspectors

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

Textual Amendments

F144Ss. 36-38 repealed (1.4.2013 for the repeal of ss. 36, 38, 1.8.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 8; S.I. 2012/3090, art. 2(1)(d)(2)(c) (with art. 3)

F14438Reviews of determinations

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

Textual Amendments

F144Ss. 36-38 repealed (1.4.2013 for the repeal of ss. 36, 38, 1.8.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 8; S.I. 2012/3090, art. 2(1)(d)(2)(c) (with art. 3)

Supplemental

[F14539ZA.Certificates

A document bearing a certificate which—

(a)

is signed by a person authorised in that behalf by the Secretary of State, and

(b)

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.]

Textual Amendments

Modifications etc. (not altering text)

39Interpretation etc. of Chapter II

(1)In this Chapter—

  • [F146“appeal tribunal” means an appeal tribunal constituted under Chapter I of this Part;]

  • [F147“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;]

  • [F146“Commissioner” [F148(except in the expression “tax appeal Commissioners”)] means the Chief Social Security Commissioner or any other Social Security Commissioner, and includes a tribunal of three or more Commissioners constituted under section 16(7) above;]

  • [F149“claimant”, in relation to a couple jointly claiming universal credit, means the couple or either member of the couple;]

  • [F150“health care professional” means—

    (a)

    a registered medical practitioner,

    (b)

    a registered nurse,

    (c)

    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

    (d)

    a member of such other profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 as the Secretary of State may prescribe;]

  • “relevant benefit” has the meaning given by section 8(3) above.

  • F151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Expressions used in this Chapter to which a meaning is assigned by section 191 of the Administration Act have that meaning in this Chapter.

(3)Part II of the Administration Act, which is superseded by the foregoing provisions of this Chapter, shall cease to have effect.

Textual Amendments

F146Words in s. 39(1) omitted except in relation to S. for specified purposes (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 167

F147Words in s. 39(1) inserted (11.11.1999 for specified purposes, 19.3.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(5)(b), Sch. 7 para. 17; S.I. 2000/2958, art. 2(2)

F149Words in s. 39(1) inserted (25.2.2013 for specified purposes, 29.4.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 49; S.I. 2013/358, art. 2(1), Sch. 1 para. 21; S.I. 2013/983, art. 3(1)(b)(iii)

F150Words in s. 39(1) inserted (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 62(5), 70(1)

Modifications etc. (not altering text)

C73S. 39 applied (with modifications) (temp.) (17.12.2002) by The Tax Credits (Appeals) Regulations 2002 (S.I. 2002/2926), regs. 1(1)(2), 12

C74S. 39 applied (with modifications) (25.2.2005) by The Child Trust Funds (Non-tax Appeals) Regulations 2005 (S.I. 2005/191), regs. 1(1), 14

Commencement Information

I136S. 39 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with arts. 3, 5, Sch. 12) (as amended (25.11.1999) by S.I. 1999/3178, art. 3(20), Sch. 20 para. 2(a))

I137S. 39 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(b)(c), Sch. 1 (with arts. 4, 5, Sch. 14) (as amended (25.11.1999) by S.I. 1999/3178, art. 3(20), Sch. 20 para. 2(b))

I138S. 39 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I139S. 39 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(b)(c), Sch. 1 (with arts. 4, 5, Schs. 16-18) (as amended (25.11.1999) by S.I. 1999/3178, art. 3(20), Sch. 20 para. 2(c))

I140S. 39 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

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