Social Security Act 1998

Part I Decisions and Appeals

Chapter I General

Modifications etc. (not altering text)

C1 Pt. I Ch. I functions transferred (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), arts. 1(1), 3(1), 4, 5, Sch. 1 (with Sch. 4)

Decisions

1 Transfer of functions to Secretary of State

The following functions are hereby transferred to the Secretary of State, namely—

(a) the functions of adjudication officers appointed under section 38 of the Social Security Administration Act 1992 (“the Administration Act”);

(b) the functions of social fund officers appointed under section 64 of that Act; and

(c) the functions of child support officers appointed under section 13 of the Child Support Act 1991 (“the Child Support Act”).

Modifications etc. (not altering text)

C2 S. 1(a): transfer of functions (5.10.1999) by Tax Credits Act 1999 (c. 10), ss. 2(1)(b), 20(2), Sch. 2 para. 5(a) (with s. 19)

Commencement Information

I1 S. 1 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(2), Sch. 1 (with art. 4, Schs. 21-23)

I2 S. 1(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)

I3 S. 1(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)

I4 S. 1(a) in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I5 S. 1(a) 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)

I6 S. 1(c) in force at 1.6.1999 by S.I. 1999/1510, art. 2(a) (with arts. 48-51)

2 Use of computers

(1) Any decision, determination or assessment falling to be made or certificate falling to be issued by the Secretary of State under or by virtue of a relevant enactment, or in relation to a war pension, may be made or issued not only by an officer of his acting under his authority but also—

(a) by a computer for whose operation such an officer is responsible; and

(b) in the case of a decision, determination or assessment that may be made or a certificate that may be issued by a person providing services to the Secretary of State, by a computer for whose operation such a person is responsible.

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

(a) Chapter II of this Part;

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

(c) the Administration Act;

(d) the Child Support Act;

(e) the Social Security (Incapacity for Work) Act 1994;

(f) the Jobseekers Act 1995 (“the Jobseekers Act”);

(g) the Child Support Act 1995; F1 ...

(h) the Social Security (Recovery of Benefits) Act 1997; F2 ...

[F3 (i) the State Pension Credit Act 2002][F4 ; or

(j) Part 1 of the Welfare Reform Act 2007].

(3) In this section and section 3 below “war pension” has the same meaning as in section 25 of the Social Security Act 1989 (establishment and functions of war pensions committees).

Textual Amendments

F1 Word in s. 2(2) repealed (7.4.2003) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 3; S.I. 2003/966, art. 2(b), Sch.

F2 Word in s. 2(2)(h) repealed (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(1), Sch. 8; S.I. 2008/787, art. 2(4)(g)

F3 S. 2(2)(i) 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. 5; S.I. 2002/1691, art. 2(i); S.I. 2003/966, art. 2(a)

F4 S. 2(2)(j) and preceding word inserted (27.7.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 17(2); S.I. 2008/787, art. 2(3)(a)

Modifications etc. (not altering text)

C3 S. 2 applied (with modifications) (4.3.1999 for specified purposes, 5.7.1999 for specified purposes) by Pension Schemes Act 1993 (c. 48), s. 170(1) (as substituted by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 131 (with s. 83, Sch. 6); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12))

Commencement Information

I7 S. 2 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)

I8 S. 2(1)(2)(b)-(h)(3) in force at 8.9.1998 by S.I. 1998/2209, art. 2(a), Sch. Pt. I

I9 S. 2(2)(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)

I10 S. 2(2)(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)

I11 S. 2(2)(a) in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I12 S. 2(2)(a) 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)

3 Use of information

(1) Subsection (2) below applies to information relating to [F5 any of the matters specified in subsection (1A) below] which is held—

(a) by the Secretary of State or the Northern Ireland Department; or

(b) by a person providing services to the Secretary of State or the Northern Ireland Department in connection with the provision of those services.

[F6 (1A) The matters are—

(a) social security, child support or war pensions;

(b) employment or training;

(c) private pensions policy;

(d) retirement planning.]

(2) Information to which this subsection applies—

(a) may be used for the purposes of, or for any purposes connected with, the exercise of functions in relation to [F7 any of the matters specified in subsection (1A) above]; and

(b) may be supplied to, or to a person providing services to, the Secretary of State or the Northern Ireland Department for use for those purposes.

F8 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this section “the Northern Ireland Department” means the Department of Health and Social Services for Northern Ireland [F9 or the Department for Employment and Learning in Northern Ireland].

[F10 (5) In this section—

• “private pensions policy” means policy relating to—

  (a)

  [F11 occupational pension schemes or personal pension schemes (within the meaning given by section 1 of the Pension Schemes Act 1993);] [F12 or

  (b)

  occupational pension schemes or private pension schemes within the meaning of Part 1 of the Pensions Act 2008, if they do not fall within paragraph (a);]

• “retirement planning” means promoting financial planning for retirement.]

Textual Amendments

F5 Words in s. 3(1) substituted (18.11.2004) by Pensions Act 2004 (c. 35), s. 322(2)(a), Sch. 10 para. 1(2) (with s. 313)

F6 S. 3(1A) inserted (18.11.2004) by Pensions Act 2004 (c. 35), s. 322(2)(a), Sch. 10 para. 1(3) (with s. 313)

F7 Words in s. 3(2)(a) substituted (18.11.2004) by Pensions Act 2004 (c. 35), s. 322(2)(a), Sch. 10 para. 1(4) (with s. 313)

F8 S. 3(3) repealed (9.9.2002) by Employment Act 2002 (c. 22), s. 55(2), Sch. 8(1); S.I. 2002/2256, art. 2(c), Sch.

F9 Words in s. 3(4) inserted (9.9.2002) by Employment Act 2002 (c. 22), s. 55(2), Sch. 6 para. 1(c); S.I. 2002/2256, art. 2(a)

F10 S. 3(5) inserted (18.11.2004) by Pensions Act 2004 (c. 35), s. 322(2)(a), Sch. 10 para. 1(5) (with s. 313)

F11 S. 3(5): in definition of “private pensions policy” words renumbered as para. (a) (26.1.2009) by Pensions Act 2008 (c. 30), ss. 63(6)(a), 149(1); S.I. 2009/82, art. 2(1)(a)

F12 S. 3(5): in definition of “private pensions policy” para. (b) and word inserted (26.1.2009) by Pensions Act 2008 (c. 30), ss. 63(6)(b), 149(1); S.I. 2009/82, art. 2(1)(a)

Modifications etc. (not altering text)

C4 S. 3(1) extended by Social Security Administration Act 1992 (c. 5), s. 2B(9) (as inserted (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 57, 89(4)(a))

C5 S. 3(1) extended by Social Security Administration (Northern Ireland) Act 1992 (c. 8), s. 2B(9) (as inserted (1.12.1999) by The Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147), arts. 1(4)(b), 54)

C6 S. 3(2) applied (with modifications) (N.I.) (27.11.2006) by The Healthy Start Scheme and Day Care Food Scheme Regulations (Northern Ireland) 2006 (S.R. 2006/478), reg. 1, Sch. 5

C7 S. 3(2)(a) applied (with modifications) (1.10.2004) by The Welfare Food Regulations 1996 (S.I. 1996/1434), reg. 22(1), Sch. 6 (as amended by S.I. 2004/2311, regs. 1(2), 2)

Commencement Information

I13 S. 3 in force at 8.9.1998 by S.I. 1998/2209, art. 2(a), Sch. Pt. I

Appeals

F13 4 Unified appeal tribunals

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

Textual Amendments

F13 S. 4 omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 144

F14 5 President of appeal tribunals

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

Textual Amendments

F14 S. 5 omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 145

F15 6 Panel for appointment to appeal tribunals

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

Textual Amendments

F15 S. 6 omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 146

F16 7 Constitution of appeal tribunals

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

Textual Amendments

F16 S. 7 omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 147

Chapter II Social Security Decisions and Appeals

Modifications etc. (not altering text)

C8 Pt. 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)

C9 Pt. 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)

C10 Pt. 1 Ch. 2 applied (with modifications) by Pension Schemes Act 1993 (c. 48), s. 171(2)(3) (as substituted (5.7.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 19(3) (with Sch. 8); S.I. 1999/1662, art 2(b), Sch. Pt. 2 (with art. 4))

C11 Pt. 1 Ch. 2 modified (1.9.1999) by The Child Benefit (Northern Ireland Reciprocal Arrangements) Amendment Regulations 1999 (S.I. 1999/2225), regs. 1(1), 2(2), Sch.

C12 Pt. 1 Ch. 2 modified (1.9.1999) by The Social Security (Northern Ireland Reciprocal Arrangements) Amendment Regulations 1999 (S.I. 1999/2227), regs. 1(1), 2(2), Sch.

C13 Pt. 1 Ch. 2 modified (5.10.1999) by Tax Credits Act 1999 (c. 10), s. 20(2), Sch. 2 para. 21 (with s. 19)

C14 Pt. 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)

C15 Pt. 1 Ch. 2 modified by Social Security Administration Act 1992 (c. 5), s. 2B(1)(3)-(8) (as inserted (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 57, 89(4)(a))

C16 Pt. 1 Ch. 2: power to apply conferred (8.7.2002) by Tax Credits Act 2002 (c. 21), ss. 61, 63(8)(a)

C17 Pt. 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

C18 Pt. 1 Ch. 2 applied (8.7.2004) by Age-Related Payments Act 2004 (c. 10), s. 5(5)

C19 Pt. 1 Ch. 2 applied (1.9.2005) by The Age-Related Payments Regulations 2005 (S.I. 2005/1983), regs. 1(1), 7(6)

C20 Pt. 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

8 Decisions 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;

(b) to decide any claim for a social fund payment mentioned in section 138(1)(b) of the Contributions and Benefits Act; [F17 and]

(c) subject to subsection (5) below, to make any decision that falls to be made under or by virtue of a relevant enactment; F18 ...

F18 (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) F19 In this Chapter “relevant benefit” ... means any of the following, namely—

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

(b) a jobseeker’s allowance;

[F20 (ba) an employment and support allowance;]

[F21 (bb) state pension credit;]

(c) income support;

F22 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22 (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 [F23 , the Jobseekers Act[F24 , the State Pension Credit Act 2002 or Part 1 of the Welfare Reform Act 2007]], 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).

[F25 (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

F17 Word in s. 8(1) inserted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 22(2)(a) (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F18 S. 8(1)(d) and preceding word repealed (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 22(2)(b), Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F19 Words in s. 8(3) repealed (6.4.2000) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(3)(c), Sch. 13 Pt. VI; S.I. 1999/3420, art. 4(c)(e)

F20 S. 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.

F21 S. 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)

F22 S. 8(3)(d)(e) repealed (8.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(4)(e), Sch. 2

F23 Words 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)

F24 Words 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.

F25 S. 8(5) substituted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 22(3) (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

Modifications etc. (not altering text)

C21 S. 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

C22 S. 8 applied (N.I.) (10.4.2006) by The Guardian's Allowance Up-rating Regulations 2006 (S.I. 2006/1034), regs. 1(1), 2

C23 S. 8(1) modified by the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (S.I. 1995/310), regs. 11(6), 17(5) (as added by S.I. 1999/2422, art. 3(16)(a)(b) (added (16.10.2006) by S.I. 2006/2540, arts. 1(2), 2(3)(b)))

C24 S. 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

I14 S. 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)

I15 S. 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)

I16 S. 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)

I17 S. 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)

I18 S. 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)

9 Revision of decisions

(1) Subject to section 36(3) below, 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.

Modifications etc. (not altering text)

C25 S. 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)

C26 S. 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))

C27 S. 9 applied by The Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968), reg. 13D(3) (as inserted (7.4.2003) by S.I. 2002/3019, regs. 1(2)(a), 6(2))

C28 S. 9 modified by The Social Security (Introduction of Disability Living Allowance) Regulations 1991 (S.I. 1991/2891), reg. 14(1) (as inserted by S.I. 1999/2860, art. 3(17) (as inserted (16.10.2006) by S.I. 2006/2540, arts. 1(2), 3(3)(b))

C29 S. 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

I19 S. 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)

I20 S. 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)

I21 S. 9 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I22 S. 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)

I23 S. 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)

I24 S. 9(1)(4)(6) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

10 Decisions superseding earlier decisions

(1) Subject to [F26 subsection (3)] and section 36(3) 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; and

(b) any decision under this Chapter [F27 of 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.

F28 (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.

Textual Amendments

F26 Words in s. 10(1) substituted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 23(a) (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F27 Words in s. 10(1)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 148

F28 S. 10(4) repealed (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 23(b), Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

Modifications etc. (not altering text)

C30 S. 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)

C31 S. 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)

C32 S. 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

C33 S. 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))

C34 S. 10 modified by The Social Security (Introduction of Disability Living Allowance) Regulations 1991 (S.I. 1991/2891), reg. 14(1) (as inserted by S.I. 1999/2860, art. 3(17) (as inserted (16.10.2006) by S.I. 2006/2540, arts. 1(2), 3(3)(b))

Commencement Information

I25 S. 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)

I26 S. 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)

I27 S. 10 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I28 S. 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)

I29 S. 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)

I30 S. 10(3)(6) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

[F29 Reference of issues by Secretary of State to Inland Revenue

Textual Amendments

F29 S. 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 [F30 First-tier Tribunal or Upper Tribunal] made on appeal from [F31 the tribunal’s decision].]

Textual Amendments

F29 S. 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)

F30 Words in s. 10A(2)(d) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 248(a)

F31 Words in s. 10A(2)(d) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 248(b)

11 Regulations 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 F32 ... [F33 , the Social Security (Recovery of Benefits) Act 1997[F34 , the State Pension Credit Act 2002 and Part 1 of the Welfare Reform Act 2007]];

• “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

F32 Word in s. 11(3) repealed (7.4.2003) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 3; S.I. 2003/966, art. 2(b), Sch.

F33 Words 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)

F34 Words in s. 11(3) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 17(4); S.I. 2008/787, art. 2(4)(f)

Modifications etc. (not altering text)

C35 S. 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

I31 S. 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)

I32 S. 11(1) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I33 S. 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)

I34 S. 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)

I35 S. 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)

I36 S. 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

12 Appeal to [F35 First-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; [F36 or]

(b) is made otherwise than on such a claim or award, and falls within Schedule 3 to this Act; F37 ...

F37 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F38 (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 [F39 the First-tier Tribunal], but nothing in this subsection shall confer a right of appeal in relation to a prescribed decision, or a prescribed determination embodied in or necessary to a decision.]

(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.

(4) Where the Secretary of State has determined that any amount is recoverable under or by virtue of section 71 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 [F40 the 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 [F41 the 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 make provision as to the manner in which, and the time within which, appeals are to be brought.

(8) In deciding an appeal under this section, [F42 the 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

F35 Words in s. 12 heading substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 149(a)

F36 Word in s. 12(1) inserted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 25(2)(a) (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F37 S. 12(1)(c) and preceding word repealed (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 25(2)(b), Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F38 S. 12(2) substituted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 25(3) (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F39 Words in s. 12(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 149(b)

F40 Words in s. 12(4) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 149(b)

F41 Words in s. 12(5) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 149(b)

F42 Words in s. 12(8) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 149(b)

Modifications etc. (not altering text)

C36 S. 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))

C37 Ss. 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)

C38 S. 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

C39 S. 12 applied (22.10.2001) by The Social Security (Jobcentre Plus Interviews) Regulations 2001 (S.I. 2001/3210), regs. 1, 14(3)

C40 S. 12 applied (with modifications) (temp.) (17.12.2002) by The Tax Credits (Appeals) Regulations 2002 (S.I. 2002/2926), regs. 1(1)(2), 4

C41 S. 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

I37 S. 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)

I38 S. 12(1) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I39 S. 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)

I40 S. 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)

I41 S. 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)

I42 S. 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)

I43 S. 12(2)(3)(6)(7) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

13 Redetermination etc. of appeals by tribunal

(1) This section applies where an application is made [F43 to 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].

F44 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, [F45 the First-tier Tribunal] shall set aside the decision and refer the case for determination by a differently constituted [F46 First-tier Tribunal].

[F47 (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

F43 Words in s. 13(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 150(a)

F44 S. 13(2) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 150(b)

F45 Words in s. 13(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 150(c)(i)

F46 Words in s. 13(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 150(c)(ii)

F47 S. 13(4) substituted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 26 (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

Modifications etc. (not altering text)

C37 Ss. 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)

C42 Ss. 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))

C43 S. 13 applied (with modifications) (temp.) (17.12.2002) by The Tax Credits (Appeals) Regulations 2002 (S.I. 2002/2926), regs. 1(1)(2), 5

C44 S. 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

I44 S. 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)

I45 S. 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)

I46 S. 13 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I47 S. 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)

I48 S. 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)

14 Appeal from [F48 First-tier Tribunal to Upper Tribunal]

F49 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F51 ... An appeal [F52 to 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 [F53 to 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 F54 ... (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.

F55 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48 Words in s. 14 heading substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 151(a)

F49 S. 14(1) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 151(b)

F50 S. 14(2) repealed (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 27(a), Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F51 Words in s. 14(3) repealed (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 27(b), Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F52 Words in s. 14(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 151(c)

F53 Words in s. 14(4) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 151(c)

F54 Word in s. 14(6) repealed (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F55 S. 14(7)-(12) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 151(d)

Modifications etc. (not altering text)

C37 Ss. 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)

C42 Ss. 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))

C45 S. 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

C46 S. 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

Commencement Information

I49 S. 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)

I50 S. 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)

I51 S. 14 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I52 S. 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)

I53 S. 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)

I54 S. 14(3)(10)(11) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

15 [F56 Applications for permission to appeal against a decision of the Upper Tribunal]

F57 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F58 An 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 [F59 Upper Tribunal] were begun, was entitled to appeal to the [F59 Upper Tribunal] from the decision to which the [F60 Upper 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 [F61 permission];

F62 ...

F63 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56 S. 15 heading substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 152(a)

F57 S. 15(1)(2) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 152(b)

F58 Words in s. 15(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 152(c)(i)

F59 Words in s. 15(3)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 152(c)(ii)

F60 Words in s. 15(3)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 152(c)(iii)

F61 Word in s. 15(3)(c) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 152(c)(iv)

F62 Words in s. 15(3) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 152(c)(v)

F63 S. 15(4)(5) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 152(d)

Modifications etc. (not altering text)

C37 Ss. 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)

C42 Ss. 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))

C47 S. 15 applied (temp.) (17.12.2002) by The Tax Credits (Appeals) Regulations 2002 (S.I. 2002/2926), regs. 1(1)(2), 8

C48 S. 15 applied (25.2.2005) by The Child Trust Funds (Non-tax Appeals) Regulations 2005 (S.I. 2005/191), regs. 1(1), 10

Commencement Information

I55 S. 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)

I56 S. 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)

I57 S. 15 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I58 S. 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)

I59 S. 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)

I60 S. 15(2)(3) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

[F64 15A. 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 and the Child Maintenance and Enforcement Commission a written report, based on the cases coming before the First-tier Tribunal, on the standards achieved by the Secretary of State and the Child Maintenance and Enforcement Commission 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

F64 S. 15A inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 153

Procedure etc.

16 Procedure

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

F65 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) It is hereby declared—

F66 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F67 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F65 S. 16(2) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 154

F66 S. 16(3)(a) and following 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. 154

F67 S. 16(6)-(9) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 154

Modifications etc. (not altering text)

C42 Ss. 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))

C49 S. 16 applied (with modifications) (temp.) (17.12.2002) by The Tax Credits (Appeals) Regulations 2002 (S.I. 2002/2926), regs. 1(1)(2), 9

C50 S. 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

I61 S. 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)

I62 S. 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)

I63 S. 16 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I64 S. 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)

I65 S. 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)

I66 S. 16(1)-(3)(9) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I67 S. 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

I68 S. 16(5) in force at 8.9.1998 by S.I. 1998/2209, art. 2(a), Sch. Pt. I

17 Finality of decisions

(1) Subject to the provisions of this Chapter [F68 and 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

F68 Words in s. 17(1) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 155

Modifications etc. (not altering text)

C42 Ss. 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))

C51 S. 17 applied (with modifications) (temp.) (17.12.2002) by The Tax Credits (Appeals) Regulations 2002 (S.I. 2002/2926), regs. 1(1)(2), 10

C52 S. 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

I69 S. 17 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I70 S. 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)

I71 S. 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)

I72 S. 17 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I73 S. 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)

I74 S. 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)

18 Matters 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 [F69 or 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; [F70 or]

(ii) any person’s entitlement to such a benefit or its receipt; [F71 or]

F72 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F72 (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 [F73 or qualifying young person] in a case where, before the benefit was awarded to that person, child benefit in respect of the child [F74 or qualifying young person] was awarded to another person.

Textual Amendments

F69 Words in s. 18(1)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 156

F70 Word in s. 18(1)(a) inserted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 29(a) (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F71 Word in s. 18(1)(a) inserted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 29(a) (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F72 S. 18(1)(a)(iii)(iv) repealed (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 29(b), Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F73 Words in s. 18(2) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 26(a)

F74 Words 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)

C42 Ss. 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

I75 S. 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)

I76 S. 18(1) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I77 S. 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)

I78 S. 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)

I79 S. 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)

I80 S. 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)

I81 S. 18(2) in force at 18.10.1999 by S.I. 1999/2860, art. 2(a) (with art. 4, Schs. 16-18)

Medical examinations

19 Medical 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 F75 ... , 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 [F76 health 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 [F77 health 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

F75 Words in s. 19(1) repealed (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 30, Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F76 Words in s. 19(1) substituted (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 62(2), 70(1)

F77 Words in s. 19(2)(b) substituted (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 62(2), 70(1)

Commencement Information

I82 S. 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)

I83 S. 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)

I84 S. 19 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I85 S. 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)

I86 S. 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)

20 Medical 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 F78 ....

(2) [F79 The 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 [F80 health care professional approved by the Secretary of State] for such examination and report as appears to [F81 the First-tier Tribunal] to be necessary for the purpose of providing [F82 it] with information for use in determining the appeal.

F83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F84 (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 [F85 the 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

F78 Words in s. 20(1) repealed (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 31, Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F79 Words in s. 20(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 157(a)(i)

F80 Words in s. 20(2) substituted (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 62(3), 70(1)

F81 Words in s. 20(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 157(a)(ii)

F82 Word in s. 20(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 157(a)(iii)

F83 Words in s. 20(2) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 157(a)(iv)

F84 S. 20(2A) inserted (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 62(4), 70(1)

F85 Words in s. 20(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 157(b)

Commencement Information

I87 S. 20 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I88 S. 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)

I89 S. 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)

I90 S. 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)

I91 S. 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)

I92 S. 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)

[F86 20A. 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

F86 S. 20A inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 158

Suspension and termination of benefit

21 Suspension 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 [F87 the First-tier Tribunal, the Upper Tribunal] or a court; or

(d) an appeal is pending against the decision given in a different case by [F88 the 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 [F89 permission] 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 [F90 permission] to appeal against the decision has not been made) but the time for doing so has not yet expired.

F91 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87 Words in s. 21(2)(c) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 159(a)(i)

F88 Words in s. 21(2)(d) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 159(a)(ii)

F89 Word in s. 21(3)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 159(b)

F90 Word in s. 21(3)(c) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 159(b)

F91 S. 21(4) repealed (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 32, Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

Commencement Information

I93 S. 21 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I94 S. 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)

I95 S. 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)

I96 S. 21 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I97 S. 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)

I98 S. 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)

22 Suspension 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 subsection (1)(hh) of section 5 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.

[F92 (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

F92 S. 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)

Commencement Information

I99 S. 22 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I100 S. 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)

I101 S. 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)

I102 S. 22 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I103 S. 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)

I104 S. 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)

23 Termination 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.

Commencement Information

I105 S. 23 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I106 S. 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)

I107 S. 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)

I108 S. 23 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I109 S. 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)

I110 S. 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)

24 Suspension 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

I111 S. 24 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I112 S. 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)

I113 S. 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)

I114 S. 24 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I115 S. 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)

I116 S. 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)

[F93 Appeals dependent on issues falling to be decided by Inland Revenue

Textual Amendments

F93 S. 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 [F94 the 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 [F95 First-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 [F96 First-tier Tribunal or Upper Tribunal] for determination.]

Textual Amendments

F94 Words in s. 24A(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 160(a)

F95 Words in s. 24A(2)(c) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 249

F96 Words in s. 24A(2)(c)(iii) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 160(b)

Decisions and appeals dependent on other cases

25 Decisions 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 [F97 the 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

F97 Words in s. 25(1)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 161

Modifications etc. (not altering text)

C53 Ss. 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

I117 S. 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)

I118 S. 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)

I119 S. 25 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I120 S. 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)

I121 S. 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)

I122 S. 25(3)(b)(5)(c) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

26 Appeals 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 [F98 the 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 [F99 the 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 [F100 First-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 [F101 First-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 [F102 First-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 [F103 First-tier Tribunal or Upper Tribunal] shall either—

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

(b) if the [F104 First-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 [F105 First-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 [F106 First-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 [F107 the Upper Tribunal] includes a reference to an application for leave to appeal to [F107 the 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

F98 Words in s. 26(1)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 162(2)(a)

F99 Words in s. 26(1)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 162(2)(b)

F100 Words in s. 26(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 162(3)

F101 Words in s. 26(3)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 162(4)

F102 Words in s. 26(3)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 162(4)

F103 Words in s. 26(4) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 162(5)(a)

F104 Words in s. 26(4)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 162(5)(b)

F105 Words in s. 26(5) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 162(6)(a)

F106 Words in s. 26(5) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 162(6)(b)

F107 Words in s. 26(7)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 162(7)

Modifications etc. (not altering text)

C53 Ss. 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

I123 S. 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)

I124 S. 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)

I125 S. 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)

I126 S. 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)

I127 S. 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)

I128 S. 26(6)(c) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I129 S. 26(8) in force at 1.6.1999 by S.I. 1999/1510, art. 2(d) (with arts. 48-51)

Cases of error

27 Restrictions 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 [F108 the 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 [F109 the 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)

  [F110 state pension credit;]

  (de)

  [F111 an employment and support allowance;]

  (e)

  any benefit corresponding to a benefit mentioned in [F112 paragraphs (a) [F113 to (de)] above]; and

  (f)

  any income-related benefit;

• “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 House of Lords or the Court of Justice of the European Community;

• “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 [F114 the Upper Tribunal]; or

(b) for a determination of a lower court or [F115 the Upper Tribunal] to be treated as if it had been made on the date of a determination of a higher court.

Textual Amendments

F108 Words in s. 27(1)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 163(a)

F109 Words in s. 27(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 163(b)

F110 S. 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)

F111 Words in s. 27(7) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 17(5)(a); S.I. 2008/787, art. 2(4)(f)

F112 Words in s. 27(7)(e) 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)

F113 Words in s. 27(7) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 17(5)(b); S.I. 2008/787, art. 2(4)(f)

F114 Words in s. 27(10)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 163(a)

F115 Words in s. 27(10)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 163(a)

Modifications etc. (not altering text)

C54 S. 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

I130 S. 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)

I131 S. 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)

I132 S. 27 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I133 S. 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)

I134 S. 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)

28 Correction of errors and setting aside of decisions

(1) Regulations may make provision with respect to—

(a) the correction of accidental errors in any decision [F116 of the Secretary of State] or record of a decision [F116 of the Secretary of State] made under any relevant enactment; F117 ...

F117 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F118 (1A) In subsection (1) “decision” does not include [F119 any 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 F120 ... 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; F121 ...

(e) the Social Security (Recovery of Benefits) Act 1997; F122 ...

[F123 (f) the State Pension Credit Act 2002][F124 ; or

(g) Part 1 of the Welfare Reform Act 2007].

Textual Amendments

F116 Words in s. 28(1)(a) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 164(a)(i)

F117 S. 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)

F118 S. 28(1A) inserted (5.7.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 34 (with Sch. 8); S.I. 1999/1662, art 2(b), Sch. Pt. 2 (with art. 4)

F119 Words in s. 28(1A) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 164(b)

F120 Words in s. 28(2) 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(c)

F121 Word in s. 28(3) repealed (7.4.2003) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 3; S.I. 2003/966, art. 2(b), Sch.

F122 Word 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)

F123 S. 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)

F124 S. 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.

Modifications etc. (not altering text)

C55 S. 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))

C56 S. 28 applied (with modifications) (temp.) (17.12.2002) by The Tax Credits (Appeals) Regulations 2002 (S.I. 2002/2926), regs. 1(1)(2), 11

C57 S. 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

I135 S. 28 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I136 S. 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)

I137 S. 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)

I138 S. 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)

I139 S. 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)

I140 S. 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

29 Decision 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.

(2) Subject to subsection (3) and section 30 below, any person suffering personal injury by accident shall be entitled, if he claims the accident was an industrial accident—

(a) to have that issue decided; and

(b) to have a declaration made and recorded accordingly,

notwithstanding that no claim for benefit has been made in connection with which the issue arises; and this Chapter shall apply for that purpose as if the issue had arisen in connection with a claim for benefit.

(3) The Secretary of State[F125 , 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

F125 Words in s. 29(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 165

Commencement Information

I141 S. 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)

30 Effect of decision

(1) A decision (given under subsection (2) of section 29 above or otherwise) 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.

Commencement Information

I142 S. 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

31 Incapacity 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.

[F126 (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

F126 S. 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

I143 S. 31 in force at 6.9.1999 by S.I. 1999/2422, art. 2(a) (with art. 4, Sch. 14)

I144 S. 31(2)(3) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

32 Industrial 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

I145 S. 32 in force at 18.10.1999 by S.I. 1999/2860, art. 2(a) (with art. 4, Schs. 16-18)

33 Christmas 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

I146 S. 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

34 Determination of claims and reviews

(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 [F127 or state pension credit] to give priority, in prescribed circumstances, to those claims over other claims for any such benefit.

F128 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F128 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F127 Words 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)

F128 S. 34(4)(5) repealed (2.7.2001 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(c)(2), Sch. 7 para. 22(1), Sch. 9 Pt. VII (with s. 83(6)); S.I. 2001/1252, art. 2(2)(a)(iv)(c)(3)

Commencement Information

I147 S. 34 in force at 18.10.1999 by S.I. 1999/2860, art. 2(a) (with art. 4, Schs. 16-18)

F129 35 Suspension of benefit in prescribed circumstances

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

Textual Amendments

F129 S. 35 repealed (2.7.2001 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(c)(2), Sch. 7 para. 22(1), Sch. 9 Pt. VII (with s. 83(6)); S.I. 2001/1252, art. 2(2)(a)(iv)(c)(3)(c)(3)

Social fund payments

36 Appropriate officers

(1) In this section and section 38 below, “appropriate officer” means an officer of the Secretary of State who, acting under his authority, is exercising functions of the Secretary of State in relation to such payments out of the social fund as are mentioned in section 138(1)(b) of the Contributions and Benefits Act.

(2) The Secretary of State may nominate for an area an appropriate officer who shall issue general guidance to other such officers in the area about such matters relating to the social fund as the Secretary of State may specify.

(3) In relation to any decision of an appropriate officer, section 38 below shall apply in substitution for sections 9 and 10 above.

Commencement Information

I148 S. 36 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)

37 The social fund Commissioner and inspectors

(1) There shall continue to be an officer known as “the social fund Commissioner”.

(2) The social fund Commissioner shall be appointed by the Secretary of State.

(3) The social fund Commissioner—

(a) shall appoint such social fund inspectors; and

(b) may appoint such officers and staff for himself and for social fund inspectors,

as he thinks fit, but with the consent of the Secretary of State as to numbers.

(4) Appointments under subsection (3) above shall be made from persons made available to the social fund Commissioner by the Secretary of State.

(5) It shall be the duty of the social fund Commissioner—

(a) to monitor the quality of decisions of social fund inspectors and give them such advice and assistance as he thinks fit to improve the standard of their decisions;

(b) to arrange such training of social fund inspectors as he considers appropriate; and

(c) to carry out such other functions in connection with the work of social fund inspectors as the Secretary of State may direct.

(6) The social fund Commissioner shall report annually in writing to the Secretary of State on the standards of reviews by social fund inspectors, and the Secretary of State shall publish his report.

Commencement Information

I149 S. 37 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)

38 Reviews of determinations

(1) An appropriate officer—

(a) shall review a social fund determination, if an application for a review is made, within such time and in such form and manner as may be prescribed, by or on behalf of the person who applied for the payment to which the determination relates;

(b) may review such a determination on the ground that the person who applied for the payment to which the determination relates misrepresented, or failed to disclose, any material fact; and

(c) may review such a determination in such other circumstances as he thinks fit.

(2) The power to review a social fund determination conferred by subsection (1) above includes power to review a determination made on a previous review.

(3) A social fund determination which has been reviewed under subsection (1) above shall be further reviewed by a social fund inspector if an application is made, within such time and in such form and manner as may be prescribed, by or on behalf of the person who applied for the payment to which the determination relates.

(4) On a review under subsection (3) above a social fund inspector shall have the following powers—

(a) power to confirm the determination made by the appropriate officer;

(b) power to make any determination which an appropriate officer could have made;

(c) power to refer the matter to such an officer for determination.

(5) A social fund inspector may review a determination under subsection (3) above made by himself or some other social fund inspector.

(6) In making a determination on a review an appropriate officer or a social fund inspector need not consider—

(a) in the case of a determination on a review under subsection (1)(a) above, any issue that is not raised by the application;

(b) in the case of a determination on a review under subsection (1)(b) above, any issue that is not raised by the material fact;

(c) in the case of a determination on a review under subsection (1)(c) above, any issue that did not cause him to carry out the review.

(7) In making a determination on a review under subsection (1)(a) or (c) above an appropriate officer or a social fund inspector shall—

(a) subject to paragraphs (b) and (c) below, have regard to whichever of the following are applicable, namely—

(i) all the circumstances of the case and, in particular, the criteria specified in paragraphs (a) to (e) of subsection (1) of section 140 of the Contributions and Benefits Act; [F130 and]

(ii) the criteria mentioned in paragraphs (a) and (b) of subsection (1A) of that section; F131 ...

F131 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) act in accordance with any general directions issued by the Secretary of State under subsection (2) of that section, and any general directions issued by him with regard to reviews; and

(c) take account of any general guidance issued by the Secretary of State under that subsection or with regard to reviews.

(8) In making a determination on a review under subsection (1)(b) above an appropriate officer or a social fund inspector shall—

(a) act in accordance with any general directions issued by the Secretary of State; and

(b) take account of any general guidance issued by the Secretary of State.

(9) Any reference in subsection (6), (7) or (8) above to a determination on a review under a particular provision of subsection (1) above shall be construed, in relation to a social fund inspector, as a reference to a determination on a further review of a determination which has been reviewed under that provision.

(10) Directions under this section may specify—

(a) the circumstances in which a social fund determination is to be reviewed; and

(b) the manner in which a review is to be conducted.

(11) In making a determination on a review under subsection (1)(a) or (c) above an appropriate officer shall take account (subject to any directions or guidance issued by the Secretary of State under this section) of any guidance issued by the appropriate officer nominated for his area under section 36(2) above.

(12) A social fund inspector reviewing a social fund determination which has been reviewed under subsection (1)(a) or (c) above shall be under the same duties in relation to such guidance as the appropriate officer or social fund inspector who made the determination.

(13) In this section “social fund determination” means a determination made under the Contributions and Benefits Act by an appropriate officer.

Textual Amendments

F130 Word in s. 38(7)(a)(i) inserted (3.7.2007) by Welfare Reform Act 2007 (c. 5), s. 70(1), Sch. 7 para. 4

F131 S. 38(7)(a)(iii) and preceding word repealed (3.7.2007) by Welfare Reform Act 2007 (c. 5), s. 70(1), Sch. 8

Commencement Information

I150 S. 38 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)

I151 S. 38(1)(a)(3) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

Supplemental

[F132 39ZA. 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

F132 S. 39ZA inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 166

39 Interpretation etc. of Chapter II

(1) In this Chapter—

• [F133 “appeal tribunal” means an appeal tribunal constituted under Chapter I of this Part;]

• [F134 “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;]

• [F133 “Commissioner” [F135 (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;]

• [F136 “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.

• F137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

F133 Words 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

F134 Words 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)

F135 Words in s. 39(1) inserted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 35(a) (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F136 Words in s. 39(1) inserted (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 62(5), 70(1)

F137 Words in s. 39 omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 250

Modifications etc. (not altering text)

C58 S. 39 applied (with modifications) (temp.) (17.12.2002) by The Tax Credits (Appeals) Regulations 2002 (S.I. 2002/2926), regs. 1(1)(2), 12

C59 S. 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

I152 S. 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))

I153 S. 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))

I154 S. 39 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I155 S. 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))

I156 S. 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)

Chapter III Other Decisions and Appeals

Child support

40 Child support: revision of decisions

For section 16 of the Child Support Act there shall be substituted the following section—

“16 Revision of decisions

(1) Any decision of the Secretary of State under section 11, 12 or 17 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), 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 28ZC, 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.”

Commencement Information

I157 S. 40 in force at 16.11.1998 for specified purposes and 7.12.1998 in so far as not already in force by S.I. 1998/2780, art. 2(a)(c) (with art. 3(1)-(4) (as amended (2.4.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), Sch. 9 Pt. I))

41 Child support: decisions superseding earlier decisions

For sections 17 to 19 of the Child Support Act there shall be substituted the following section—

“17 Decisions superseding earlier decisions

(1) Subject to subsection (2), the following, namely—

(a) any decision of the Secretary of State under section 11 or 12 or this section, whether as originally made or as revised under section 16;

(b) any decision of an appeal tribunal under section 20; and

(c) any decision of a Child Support Commissioner on an appeal from such a decision as is mentioned in paragraph (b),

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), 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.

(4) Subject to subsection (5) and section 28ZC, 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.

(5) 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.”

Commencement Information

I158 S. 41 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I159 S. 41 in force at 1.6.1999 in so far as not already in force by S.I. 1999/1510, art. 2(d) (with arts. 48-51)

F138 42 Child support: appeals to appeal tribunals

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

Textual Amendments

F138 S. 42 repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

43 Child support: decisions and appeals dependent on other cases

After section 28 of the Child Support Act there shall be inserted the following sections—

“Decisions and appeals dependent on other cases

28ZA Decisions 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 11, 12, 16 or 17 in relation to a maintenance assessment; and

(b) an appeal is pending against a decision given in relation to a different maintenance assessment by a Child Support Commissioner or a court.

(2) 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 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.

(3) Where the Secretary of State acts in accordance with subsection (2)(b), following the determination of the appeal he shall if appropriate revise his decision (under section 16) in accordance with that determination.

(4) 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.

(5) In paragraphs (a), (b) and (c) of subsection (4), 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.

28ZB Appeals involving issues that arise on appeal in other cases

(1) This section applies where—

(a) an appeal (“appeal A”) in relation to a decision falling within section 20(1) or (3), or an assessment falling within section 20(2), is made to an appeal tribunal, or from an appeal tribunal to a Child Support Commissioner; and

(b) an appeal (“appeal B”) is pending against a decision given in a different case by a Child Support Commissioner or a court.

(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 tribunal or Child Support Commissioner—

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

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

(3) Where appeal A is referred to the Secretary of State under subsection (2)(a), 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 tribunal, revise (under section 16) his decision which gave rise to that appeal; or

(b) in a case where appeal A has been determined by the tribunal, make a decision (under section 17) superseding the tribunal’s decision.

(4) Where appeal A is to be dealt with in accordance with this subsection, the appeal tribunal or Child Support Commissioner shall either—

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

(b) if the tribunal or Child Support Commissioner 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 or assessment mentioned in subsection (1)(a).

(5) Where the appeal tribunal or Child Support Commissioner acts in accordance with subsection (4)(b), following the determination of appeal B the Secretary of State shall, if appropriate, make a decision (under section 17) superseding the decision of the tribunal or Child Support Commissioner 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) to an appeal to a Child Support Commissioner includes a reference to an application for leave to appeal to a Child Support Commissioner; and

(b) any reference in paragraph (a), (b) or (c) of subsection (6) 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.”

Commencement Information

I160 S. 43 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I161 S. 43 in force at 1.6.1999 in so far as not already in force by S.I. 1999/1510, art. 2(d) (with arts. 48-51)

44 Child support: cases of error

After section 28ZB of the Child Support Act there shall be inserted the following sections—

“Cases of error

28ZC Restrictions on liability in certain cases of error

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

(a) the effect of the determination, whenever made, of an appeal to a Child Support Commissioner 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) with respect to an application for a maintenance assessment (made after the commencement date);

(ii) as to whether to revise, under section 16, a decision (made after the commencement date) with respect to such an assessment; or

(iii) on an application under section 17 (made after the commencement date) for a decision with respect to such an assessment to be superseded.

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

(a) is one which, but for section 28ZA(2)(a), would have been made before the date of the relevant determination; or

(b) is one made in pursuance of section 28ZB(3) or (5).

(3) In so far as the decision relates to a person’s liability in respect of a period before the date of the relevant determination, it shall be made as if the adjudicating authority’s decision had been found by the Commissioner or court not to have been erroneous in point of law.

(4) Subsection (1)(a) 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.

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

(a) where such a decision as is mentioned in paragraph (b)(i) falls to be made; or

(b) where such a decision as is mentioned in paragraph (b)(ii) or (iii) falls to be made on an application under section 16 or (as the case may be) section 17,

whether the application was made before or after the date of the relevant determination.

(6) In this section—

• “adjudicating authority” means the Secretary of State, or a child support officer;

• “the commencement date” means the date of the coming into force of section 44 of the Social Security Act 1998; and

• “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 House of Lords or the Court of Justice of the European Community.

(7) 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.

(8) Regulations made under subsection (7) 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 a Child Support Commissioner; or

(b) for a determination of a lower court or a Child Support Commissioner to be treated as if it had been made on the date of a determination of a higher court.

28ZD Correction of errors and setting aside of decisions

(1) Regulations may make provision with respect to—

(a) the correction of accidental errors in any decision or record of a decision given under this Act; and

(b) the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that—

(i) a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party’s representative or was not received at an appropriate time by the body or person who gave the decision; or

(ii) a party to the proceedings or a party’s representative was not present at a hearing related to the proceedings.

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

Commencement Information

I162 S. 44 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I163 S. 44 in force at 1.6.1999 in so far as not already in force by S.I. 1999/1510, art. 2(d) (with arts. 48-51)

Vaccine damage payments

45 Vaccine damage payments: decisions reversing earlier decisions

After section 3 of the Vaccine Damage Payments Act there shall be inserted the following section—

“3A Decisions reversing earlier decisions

(1) Subject to subsection (2) below, any decision of the Secretary of State under section 3 above or this section, and any decision of an appeal tribunal under section 4 below, may be reversed by a decision made 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.

(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 procedure by which a decision may be made under this section.

(4) Such notice as may be prescribed by regulations shall be given of a decision under this section.

(5) Except as provided by section 5(4) below, no payment under section 1(1) above shall be recoverable by virtue of a decision under this section.

(6) In this section and sections 4 and 8 below “appeal tribunal” means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998.”

Commencement Information

I164 S. 45 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I165 S. 45 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)

46 Vaccine damage payments: appeals to appeal tribunals

For section 4 of the Vaccine Damage Payments Act there shall be substituted the following section—

“4 Appeals to appeal tribunals

(1) The claimant may appeal to an appeal tribunal against any decision of the Secretary of State under section 3 or 3A above.

(2) Regulations may make—

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

(b) such provision with respect to proceedings before appeal tribunals as the Secretary of State considers appropriate.

(3) The regulations may in particular make any provision of a kind mentioned in Schedule 5 to the Social Security Act 1998.

(4) In deciding an appeal under this section, an appeal tribunal shall consider all the circumstances of the case (including any not obtaining at the time when the decision appealed against was made).”

Commencement Information

I166 S. 46 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I167 S. 46 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)

47 Vaccine damage payments: correction of errors etc

After section 7 of the Vaccine Damage Payments Act there shall be inserted the following section—

“7A Correction of errors and setting aside of decisions

(1) Regulations may make provision with respect to—

(a) the correction of accidental errors in any decision or record of a decision under section 3, 3A or 4 of this Act; and

(b) the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that—

(i) a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party’s representative or was not received at an appropriate time by the body or person who gave the decision; or

(ii) a party to the proceedings or a party’s representative was not present at a hearing related to the proceedings.

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

Commencement Information

I168 S. 47 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I169 S. 47 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)