Welfare Reform Act 2012

Section 103

SCHEDULE 12 E+W+S Supersession of decisions of former appellate bodies

Child Support Act 1991 (c. 48) E+W+S

1 E+W+S The Child Support Act 1991 is amended as follows.

2 (1) Section 17 (decisions superseding earlier decisions) is amended as follows. E+W+S

(2) In subsection (1)—

(a) in paragraphs (b) and (d) after “any decision of” there is inserted “ an appeal tribunal or ”;

(b) in paragraph (e) after “any decision of“ there is inserted “a Child Support Commissioner or”.

(3) After subsection (5) there is inserted—

“(6) In this section—

• “appeal tribunal” means an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (the functions of which have been transferred to the First-tier Tribunal);

• “Child Support Commissioner” means a person appointed as such under section 22 (the functions of whom have been transferred to the Upper Tribunal).”

3 (1) In Schedule 4C (departure directions), paragraph 2 is amended as follows. E+W+S

(2) In sub-paragraph (1)(c), after “any decision of” there is inserted “ an appeal tribunal or ”.

(3) In sub-paragraph (2), after “any decision of“ (in each place) there is inserted “an appeal tribunal or”.

(4) After sub-paragraph (2) there is inserted—

“(3) In this paragraph “appeal tribunal“ means an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (the functions of which have been transferred to the First-tier Tribunal).”

Social Security Act 1998 (c. 14) E+W+S

4 (1) Section 10 of the Social Security Act 1998 (decisions superseding earlier decisions) is amended as follows. E+W+S

(2) In subsection (1), the “and” at the end of paragraph (a) is repealed and after that paragraph there is inserted—

“(aa) any decision under this Chapter of an appeal tribunal or a Commissioner; and”.

(3) After subsection (6) there is inserted—

“(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.”

Child Support, Pensions and Social Security Act 2000 (c. 19) E+W+S

5 (1) In Schedule 7 to the Child Support, Pensions and Social Security Act 2000 (housing benefit and council tax benefit), paragraph 4 (decisions superseding earlier decisions) is amended as follows. E+W+S

(2) In sub-paragraph (1), the “and” at the end of paragraph (a) is repealed and after that paragraph there is inserted—

“(aa) any decision under this Schedule of an appeal tribunal or a Commissioner, and”.

(3) In sub-paragraph (2)—

(a) after “the decision appealed against to“ there is inserted “the tribunal or”;

(b) after “the decision being appealed against to” there is inserted “ the Commissioner or ”.

(4) After sub-paragraph (6) there is inserted—

“(7) In this paragraph—

• “appeal tribunal” means an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (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 to that Act (the functions of whom have been transferred to the Upper Tribunal), and includes a tribunal of such persons.”