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SCHEDULES

SCHEDULE 11E+W+SPower to require consideration of revision before appeal

Social Security (Recovery of Benefits) Act 1997 (c. 27)E+W+S

9E+W+SThe Social Security (Recovery of Benefits) Act 1997 is amended as follows.

Commencement Information

I1Sch. 11 para. 9 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 paras. 18, 24

I2Sch. 11 para. 9 in force at 29.4.2013 in so far as not already in force by S.I. 2013/983, art. 8

10(1)Section 11 (appeals against certificates) is amended as follows.E+W+S

(2)After subsection (2) there is inserted—

(2A)Regulations may provide that, in such cases or circumstances as may be prescribed, an appeal may be made under this section only if the Secretary of State has reviewed the certificate under section 10.

(2B)The regulations may in particular provide that that condition is met only where—

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

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

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

(3)In subsection (5)(c) after “any such appeal“ there is inserted “(or, where in accordance with regulations under subsection (2A) there is no right of appeal, any purported appeal)”.

Commencement Information

I3Sch. 11 para. 10 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 paras. 18, 24

I4Sch. 11 para. 10 in force at 29.4.2013 in so far as not already in force by S.I. 2013/983, art. 8

11(1)Section 30 of that Act (regulations and orders) is amended as follows.E+W+S

(2)In subsection (2) after “regulations under section” there is inserted “ 11(2A) or ”.

(3)After that subsection there is inserted—

(2A)A statutory instrument containing regulations under section 11(2A) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Commencement Information

I5Sch. 11 para. 11 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 paras. 18, 24

I6Sch. 11 para. 11 in force at 29.4.2013 in so far as not already in force by S.I. 2013/983, art. 8