SCHEDULE 9MODIFICATION OF THE FINES (DEDUCTIONS FROM INCOME SUPPORT) REGULATIONS 1992
F11
As if in regulation 1(2) M1 (interpretation)—
a
the definition of “adjudication officer" were omitted;
b
for the definition of “Commissioner" there were substituted the following definition—
“Commissioner" means the Chief or any other Social Security Commissioner appointed in accordance with section 14(12) of, and Schedule 4 to, the Social Security Act 1998 and includes a Tribunal of Commissioners constituted in accordance with section 16(7) of that Act;
c
for the definition of “tribunal" there were substituted the following definition—
“tribunal" means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998; and
2
As if for the heading to regulation 4 there were substituted “
Determination of application
”.
3
As if in regulation 4 M2—
a
in paragraph (1)—
i
the words “refer it forthwith to an adjudication officer who shall" were omitted;
ii
for the words “the Secretary of State" there were substituted the word “
him
”;
b
in paragraphs (2) and (2A) for the words—
i
“adjudication officer" there were substituted the words “
Secretary of State
”;
ii
“the Secretary of State" there were substituted the word “
him
”;
c
in paragraph (3)—
i
for the words “adjudication officer" there were substituted the words “
Secretary of State
”;
ii
for the words “reference from the Secretary of State" there were substituted the word “
application
”.
4
As if in regulation 5 (notification of decision)—
a
for the words “the adjudication officer’s" there were substituted the word “
his
”; and
b
the words “from the date on which he receives that decision" were omitted.
5
As if in regulations 6 M3 (deductions from offender’s income support or income-based jobseeker’s allowance) and 6A (deductions from offender’s contribution-based jobseeker’s allowance) for the words—
a
“adjudication officer" there were substituted the words “
Secretary of State
”; and
b
“the Secretary of State" there were substituted the word “
he
”.
6
As if in regulation 7(5) (circumstances, time of making and termination of deductions) for the words “refer those further applications to the adjudication officer" there were substituted the words “
determine those further applications
”.
7
As if for regulation 9 (appeal) there were substituted the following regulation—
9
1
Where the Secretary of State has determined a question under regulation 4, the offender may appeal to a tribunal.
2
Subject to section 13 of the Social Security Act 1998, an appeal lies to a Commissioner from the decision of a tribunal.
8
As if regulations 10 to 15 were omitted.
9
As if Schedules 1 and 2 were omitted.