The Social Security and Child Support (Decisions and Appeals) Regulations 1999

[F1 Issues for decision by officers of Inland Revenue E+W+S

11A.— (1) Where, on consideration of any claim or other matter, it appears to the Secretary of State that an issue arises which, by virtue of section 8 of the Transfer Act, falls to be decided by an officer of the Board, he shall refer that issue to the Board.

(2) Where—

(a) the Secretary of State has decided any claim or other matter on an assumption of facts—

(i) as to which there appeared to him to be no dispute, but

(ii) concerning which, had an issue arisen, that issue would have fallen, by virtue of section 8 of the Transfer Act, to be decided by an officer of the Board; and

(b) an application for revision or an application for supersession [F2 or an appeal] is made in relation to the decision of that claim or other matter; and

(c) it appears to the Secretary of State on [F3 receipt of the application or appeal] that such an issue arises,

he shall refer that issue to the Board.

(3) Pending the final decision of any issue which has been referred to the Board in accordance with paragraph (1) or (2) above, the Secretary of State may—

(a) determine any other issue arising on consideration of the claim or other matter or, as the case may be, of the application,

(b) seek a preliminary opinion of the Board on the issue referred and decide the claim or other matter or, as the case may be, the application in accordance with that opinion on that issue; or

(c) defer making any decision on the claim or other matter or, as the case may be, the application.

(4) On receipt by the Secretary of State of the final decision of an issue which has been referred to the Board in accordance with paragraph (1) or (2) above, the Secretary of State shall—

(a) in a case to which paragraph (3)(b) above applies—

(i) consider whether the decision ought to be revised under section 9 or superseded under section 10, and

(ii) if so, revise it, or, as the case may be, make a further decision which supersedes it; or

(b) in a case to which paragraph (3)(a) or (c) above applies, decide the claim or other matter or, as the case may be, the application,

in accordance with the final decision of the issue so referred.

(5) In paragraphs (3) and (4) above “final decision" means the decision of an officer of the Board under section 8 of the Transfer Act or the determination of any appeal in relation to that decision.]

Textual Amendments

F1 Reg. 11A inserted (5.7.1999) by The Social Security and Child Support (Decisions and Appeals) Amendment (No. 3) Regulations 1999 (S.I. 1999/1670), regs. 1(1), 2(3)

F2 Words in reg. 11A(2)(b) inserted (20.5.2002) by Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1379), regs. 1(1), 5(a)

F3 Words in reg. 11A(2)(c) substituted (20.5.2002) by Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1379), regs. 1(1), 5(b)