The Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003

Interpretation

2.—(1) In these Regulations—

“the 1998 Act” means the Social Security Act 1998;

“the Administration Act” means the Social Security Administration Act 1992(1);

“the Administration (NI) Act” means the Social Security Administration (Northern Ireland) Act 1992(2);

“the Administration Regulations” means the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003(3);

“appeal tribunal” means—

(a)

in relation to child benefit or guardian’s allowance under the Contributions and Benefits Act, an appeal tribunal constituted under Chapter 1 of Part 1 of the 1998 Act;

(b)

in relation to child benefit or guardian’s allowance under the Contributions and Benefits (NI) Act, an appeal tribunal constituted under Chapter 1 of Part 2 of the 1998 Order;

“the appropriate office” means—

(a)

in relation to child benefit or guardian’s allowance under the Contributions and Benefits Act, the Child Benefit Office, Waterview Park, Washington, Tyne and Wear;

(b)

in relation to child benefit or guardian’s allowance under the Contributions and Benefits (NI) Act, the Child Benefit Office (Northern Ireland), Windsor House, Bedford Street, Belfast;

(c)

any Inland Revenue Enquiry Centre;

“the Board” means the Commissioners of Inland Revenue;

“claimant” means a person who has claimed child benefit or guardian’s allowance and includes, in relation to an award or decision, a beneficiary under the award or a person affected by the decision;

“clerk to the appeal tribunal” means—

(a)

in relation to child benefit or guardian’s allowance under the Contributions and Benefits Act, a clerk assigned to the appeal tribunal in accordance with regulation 37 of the Decisions and Appeals Regulations;

(b)

in relation to child benefit or guardian’s allowance under the Contributions and Benefits (NI) Act, a clerk assigned to the appeal tribunal in accordance with regulation 37 of the Decisions and Appeals Regulations (NI);

“Commissioner” means—

(a)

in relation to child benefit or guardian’s allowance under the Contributions and Benefits Act, the Chief Social Security Commissioner or any other Social Security Commissioner appointed under the 1998 Act and includes a tribunal of three or more Commissioners constituted under section 16(7);

(b)

in relation to child benefit or guardian’s allowance under the Contributions and Benefits (NI) Act, the Chief Social Security Commissioner or any other Social Security Commissioner appointed under the 1998 Order and includes a tribunal of two or more Commissioners constituted under Article 16(7);

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992(4);

“the Contributions and Benefits (NI) Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992(5);

“the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999(6);

“the Decisions and Appeals Regulations (NI)” means the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(7);

“family” has—

(a)

in relation to child benefit and guardian’s allowance under the Contributions and Benefits Act, the meaning given by section 137 of that Act;

(b)

in relation to child benefit and guardian’s allowance under the Contributions and Benefits (NI) Act, the meaning given by section 133 of that Act;

“legally qualified panel member” means—

(a)

in relation to child benefit or guardian’s allowance under the Contributions and Benefits Act, a panel member who satisfies the requirements of paragraph 1 of Schedule 3 to the Decisions and Appeals Regulations;

(b)

in relation to child benefit or guardian’s allowance under the Contributions and Benefits (NI) Act, a panel member who satisfies the requirements of paragraph 1 of Schedule 2 to the Decisions and Appeals Regulations (NI);

“the Northern Ireland Department” means the Department for Social Development in Northern Ireland;

“the 1998 Order” means the Social Security (Northern Ireland) Order 1998;

“panel” means the panel constituted under section 6(8) or Article 7;

“panel member” means a person appointed to the panel;

“party to the proceedings” means the Board and any other person who—

(a)

is one of the principal parties for the purposes of sections 13 and 14(9) or Articles 14 and 15(10); or

(b)

has a right of appeal to an appeal tribunal under section 12(2)(11) or Article 13(2)(12);

“relevant benefit” means child tax credit under the Tax Credits Act 2002 and—

(a)

in relation to child benefit or guardian’s allowance under the Contributions and Benefits Act, any of the benefits mentioned in section 8(3)(13);

(b)

in relation to child benefit or guardian’s allowance under the Contributions and Benefits (NI) Act, any of the benefits mentioned in Article 9(3)(14);

“superseding decision” has the meaning given by regulation 13(1);

“writing” includes writing produced by electronic communications used in accordance with regulation 4.

(2) In these Regulations—

(a) a reference to a numbered section without more is a reference to the section of the 1998 Act bearing that number;

(b) a reference to a numbered Article without more is a reference to the Article of the 1998 Order bearing that number.

(1)

1992 c. 5.

(2)

1992 c. 8.

(3)

S.I. 2003/ 492.

(4)

1992 c. 4.

(5)

1992 c. 7.

(6)

S.I. 1999/991.

(7)

S.R. 1999 No. 162.

(8)

Section 6 was amended by paragraph 4 of Schedule 3 to S.I. 1999/1042 and paragraph 3 of Schedule 5 to S.I. 2000/253.

(9)

Sections 13 and 14 were amended by paragraphs 26 and 27 of Schedule 7, and Part 1 of Schedule 10, to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) (“the Transfer Act 1999”).

(10)

Articles 14 and 15 were amended by paragraphs 20 and 21 of Schedule 6, and Part 1 of Schedule 9, to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) (“the Transfer Order 1999”).

(11)

Section 12(2) was substituted by paragraph 25(3) of Schedule 7 to the Transfer Act 1999.

(12)

Article 13(3) was substituted by paragraph 19(3) of Schedule 6 to the Transfer Order 1999.

(13)

Section 8(3) was amended by paragraphs 1 and 6(q) of Schedule 1 to the Tax Credits Act 1999 (c. 10), Part 6 of Schedule 13 to the Welfare Reform and Pensions Act 1999 (c. 30), paragraph 6(2) of Schedule 1 to the State Pension Credit Act 2002 (c. 16) and Schedule 6 to the Tax Credits Act 2002.

(14)

Article 9(3) was amended by paragraphs 1 and 6(r) of Schedule 1 to the Tax Credits Act 1999, Part 7 of Schedule 13 to the Welfare Reform and Pensions Act 1999 and Schedule 6 to the Tax Credits Act 2002.