Pension Schemes Act 1993 (c. 48)

Part XI U.K. General and miscellaneous provisions

General provisions as to determinations and appeals U.K.

170 [F1 Determination of questions by Secretary of State.][F1 Decisions and appeals] E+W+S

[F1 (1) The questions to which section 17(1) of the M1 Social Security Administration Act 1992 (questions for determination by the Secretary of State) applies include—

(a) any question as to the amount of a person’s guaranteed minimum for the purposes of section 13 or 17;

(b) any question—

(i) whether a [F2 contributions equivalent premium] is payable or has been paid in any case or as to the amount of any such premium; or

(ii) otherwise arising in connection with any [F2 contributions equivalent premium];

(c) any question whether for the purposes of this Act a cash sum paid or an alternative arrangement made under the M2 Policyholders Protection Act 1975 provides the whole or any part of the guaranteed minimum pension to which an earner or an earner’s widow or widower was entitled under a contracted-out scheme; F3 ...

(d) any question arising in connection with minimum contributions or payments under section 7 of the M3 Social Security Act 1986,[F4 and

(e) any question whether an employment is, or is to be treated, for the purposes of the Pension Schemes Act 1993 as contracted-out employment or as to the persons in relation to whom, or the period for which, an employment is, or is to be treated, for the purposes of that Act as such employment.]

[F5 (7) Sections 18 and 19 of the Social Security Administration Act 1992 (appeals and reviews) shall have effect as if the questions mentioned in subsection (1) of section 17 of that Act included—

(a) any question arising in connection with the issue, cancellation or variation of contracting-out certificates or appropriate scheme certificates, not being a question mentioned in subsection (1)(e) above, and

(b) any other question arising under this Act which falls to be determined by the Secretary of State, not being a question mentioned in that subsection.

(8) Regulations may make provision with respect to the procedure to be adopted on any application for a review made under section 19 of that Act by virtue of subsection (7) above and generally with respect to such applications and reviews, but may not prevent such a review being entered upon without an application being made]]

[F1 (1) Section 2 (use of computers) of the Social Security Act 1998 (“the 1998 Act”) applies as if, for the purposes of subsection (1) of that section, this Act were a relevant enactment.

(2) [F6 It shall be for an officer of the Inland Revenue—

(a) to make any decision that falls to be made under or by virtue of Part III of this Act, other than a decision which under or by virtue of that Part falls to be made by the Secretary of State;

(b) to decide any issue arising in connection with payments under section 7 of the Social Security Act 1986 (occupational pension schemes becoming contracted-out between 1986 and 1993); and

(c) to decide any issue arising by virtue of regulations made under paragraph 15 of Schedule 3 to the Social Security (Consequential Provisions) Act 1992 (continuing in force of certain enactments repealed by the Social Security Act 1973).]

(3) [F6 In the following provisions of this section a “relevant decision” means any decision which under subsection (2) falls to be made by an officer of the Inland Revenue, other than a decision under section 53 or 54.]

(4) [F6 Sections 9 and 10 of the 1998 Act (revision of decisions and decisions superseding earlier decisions) apply as if—

(a) any reference in those sections to a decision of the Secretary of State under section 8 of that Act included a reference to a relevant decision; and

(b) any other reference in those sections to the Secretary of State were, in relation to a relevant decision, a reference to an officer of the Inland Revenue.

(5) Regulations may make provision—

[F7 (a) generally with respect to the making of relevant decisions;

(b) with respect to the procedure to be adopted on any application made under section 9 or 10 of the 1998 Act by virtue of subsection (4); and

(c) generally with respect to such applications, revisions under section 9 and decisions under section 10;]

but may not prevent [F8 a revision under section 9 or decision under section 10] being made without such an application.

(6) Section 12 of the 1998 Act (appeal to appeal tribunal) applies as if, for the purposes of subsection (1)(b) of that section, a relevant decision were a decision of the Secretary of State falling within Schedule 3 to the 1998 Act.

(7) The following provisions of the 1998 Act (which relate to decisions and appeals)—

• sections 13 to 18,

• sections 25 and 26,

• section 28, and

• Schedules 4 and 5,

shall apply in relation to any appeal under section 12 of the 1998 Act by virtue of subsection (6) above as if any reference to the Secretary of State were a reference to an officer of the Inland Revenue.]]

Textual Amendments

F1 S. 170 substituted (4.3.1999 for specified purposes, 5.7.1999 for specified purposes) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 131; S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with arts. 3, 5, Sch. 12)

S. 170 (as it has effect without the above substitution) amended (5.12.2005) by The Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order 2005 (S.I. 2005/2050), art. 1(3), Sch. 1 para. 24

F2 Words in s. 170(1)(b) substituted (6.4.1997) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 5 para. 70(a)(i); S.I. 1997/664, art. 2(3), Sch. Pt. 2 (with art. 4(2)(3))

F3 Word in s. 170(1)(c) omitted (6.4.1997) by virtue of Pensions Act 1995 (c. 26), s. 180(1), Sch. 5 para. 70(a)(ii), Sch. 7 Pt. III; S.I. 1997/664, art. 2(3), Sch. Pt. 2 (with art. 4(2)(3))

F4 S. 170(1)(e) substituted for words (6.4.1997) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 5 para. 70(a)(iii); S.I. 1997/664, art. 2(3), Sch. Pt. 2 (with art. 4(2)(3))

F5 S. 170(7)(8) added (6.4.1996 for specified purposes, 6.4.1997 in so far as not already in force) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 5 para. 70(c); S.I. 1996/778, art. 2(5)(a), Sch. Pt. 5; S.I. 1997/664, art. 2(3), Sch. Pt. 2

F6 S. 170(2)-(7) 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); S.I. 1999/1662, art. 2(a)(b), Sch. Pts. 1, 2 (with art. 4)

F7 S. 170(5)(a)-(c) substituted for s. 170(5)(a)(b) (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(4)(d), Sch. 11 para. 22(a)

F8 Words in s. 170(5) substituted (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(4)(d), Sch. 11 para. 22(b)

Modifications etc. (not altering text)

C1 S. 170 modified (temp.) (1.4.1999) by The Social Security Contributions, etc. (Decisions and AppealsTransitional Modifications) Regulations 1999 (S.I. 1999/978), regs. 1(1), 2(1), Sch. (with reg. 2(2))

C2 S. 170: certain functions transferred (5.7.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 16(1), 28(3); S.I. 1999/1662, art. 2(b), Sch. Pt. 2 (with art. 4)

C3 S. 170(1) excluded (3.3.1999) by The Social Security Contributions (Transfer of Functions, etc.) Act 1999 (Commencement No. 1 and Transitional Provisions) Order 1999 (S.I. 1999/527), art. 4(6)

Commencement Information

I1 Ss. 1-187 in force at 7.2.1994 by S.I. 1994/86, art. 2

Marginal Citations

M1 1992 c. 5.

M2 1975 c. 75.

M3 1986 c. 50.