period before the appointed day (including provision as to the conditions of

entitlement for, and the amount of, such an award).

Awards of existing allowance

4 (1) The provision referred to in paragraph 1(1) includes—

(a) 5provision for terminating an award of disability living allowance;

(b) provision for making an award of personal independence payment,

with or without application, to a person whose award of disability

living allowance is terminated.

(2) The provision referred to in sub-paragraph (1)(b) includes—

(a) 10provision imposing requirements as to the procedure to be followed,

information to be supplied or assessments to be undergone in

relation to an award by virtue of that sub-paragraph or an

application for such an award;

(b) provision as to the consequences of failure to comply with any such

15requirement;

(c) provision as to the terms on which, and conditions subject to which,

such an award is made, including—

(i) provision temporarily or permanently disapplying, or

otherwise modifying, conditions of entitlement to personal

20independence payment in relation to the award;

(ii) provision temporarily or permanently disapplying, or

otherwise modifying, any requirement under this Part for a

person to be assessed in respect of any of the questions

mentioned in section 78(1) or (2);

(d) 25provision as to the amount of such an award.

Supplementary

5 Regulations under section 90—

(a) may secure the result that any gap in entitlement to disability living

allowance is to be disregarded for the purposes of provision under

30the regulations;

(b) may make provision about cases in which provision made by

regulations under section 78(2) (required period condition) is to

apply with modifications;

(c) may, for the purposes of provision made by virtue of paragraph (b),

35provide for a period of entitlement to disability living allowance to

be taken into account in determining whether a person meets “the

required period condition” for the purposes of section 76(1) or (2) or

77(1) or (2).

Section 99

SCHEDULE 11 40Power to require consideration of revision before appeal

Vaccine Damage Payments Act 1979 (c. 17)1979 (c. 17)

1 The Vaccine Damage Payments Act 1979 is amended as follows.

2 (1) Section 4 (appeals to appeal tribunals) is amended as follows.

(2) After subsection (1A) there is inserted—

“(1B) If the claimant’s address is not in Northern Ireland, regulations may

provide that, in such cases or circumstances as may be prescribed,

5there is a right of appeal only if the Secretary of State has considered

whether to reverse the decision under section 3A.

(1C) The regulations may in particular provide that that condition is met

only where—

(a) the consideration by the Secretary of State was on an

10application,

(b) the Secretary of State considered issues of a specified

description, or

(c) the consideration by the Secretary of State satisfied any other

condition specified in the regulations.”

(3) 15At the end of subsection (2) there is inserted—

“(c) provision that, where in accordance with regulations under

subsection (1B) there is no right of appeal against a decision,

any purported appeal may be treated as an application to

reverse the decision under section 3A.”

3 (1) 20Section 8 (regulations) is amended as follows.

(2) In subsection (2)(a) the words from “which shall be” to “House of

Parliament” are repealed.

(3) After that subsection there is inserted—

“(2A) A statutory instrument containing regulations made by the Secretary

25of State under this Act—

(a) except in the case of an instrument containing regulations

under section 4(1B), is subject to annulment in pursuance of

a resolution of either House of Parliament;

(b) in the case of an instrument containing regulations under

30section 4(1B), may not be made unless a draft of the

instrument has been laid before and approved by a resolution

of each House of Parliament.”

(4) At the end there is inserted—

“(5) The power to make regulations under section 4(1B) may be

35exercised—

(a) in relation to all cases to which it extends, in relation to those

cases but subject to specified exceptions or in relation to any

specified cases or classes of case;

(b) so as to make, as respects the cases in relation to which it is

40exercised—

(i) the full provision to which it extends or any lesser

provision (whether by way of exception or

otherwise);

(ii) the same provision for all cases, different provision

45for different cases or classes of case or different

provision as respects the same case or class of case but

for different purposes of this Act;

(iii) provision which is either unconditional or is subject

to any specified condition.”

Child Support Act 1991 (c. 48)1991 (c. 48)

4 The Child Support Act 1991 is amended as follows.

5 (1) 5Section 20 (appeals to First-tier Tribunal), as substituted by section 10 of the

Child Support, Pensions and Social Security Act 2000 (and subsequently

amended), is amended as follows.

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

“(2A) Regulations may provide that, in such cases or circumstances as may

10be prescribed, there is a right of appeal against a decision mentioned

in subsection (1)(a) or (b) only if the Commission has considered

whether to revise the decision under section 16.

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

only where—

(a) 15the consideration by the Commission was on an application,

(b) the Commission considered issues of a specified description,

or

(c) the consideration by the Commission satisfied any other

condition specified in the regulations.”

(3) 20At the end of subsection (4) there is inserted—

“(c) provision that, where in accordance with regulations under

subsection (2A) there is no right of appeal against a decision,

any purported appeal may be treated as an application for

revision under section 16.”

6 (1) 25Section 20 (appeals to First-tier Tribunal), as it has effect apart from section

10 of the Child Support, Pensions and Social Security Act 2000, is amended

as follows.

(2) After subsection (3) there is inserted—

“(3A) Regulations may provide that, in such cases or circumstances as may

30be prescribed, there is a right of appeal against a decision only if the

Commission has considered whether to revise the decision under

section 16.

(3B) The regulations may in particular provide that that condition is met

only where—

(a) 35the consideration by the Commission was on an application,

(b) the Commission considered issues of a specified description,

or

(c) the consideration by the Commission satisfied any other

condition specified in the regulations.”

(3) 40At the end of subsection (5) there is inserted—

“(c) provision that, where in accordance with regulations under

subsection (3A) there is no right of appeal against a decision,

any purported appeal may be treated as an application for

revision under section 16.”

7 In section 51A (pilot schemes) at the end there is inserted—

“(6) This section does not apply to regulations under—

(a) subsection (2A) of section 20 as substituted by section 10 of

the Child Support, Pensions and Social Security Act 2000;

(b) 5subsection (3A) of section 20 as it has effect apart from section

10 of the Child Support, Pensions and Social Security Act

2000.”

8 In section 52 (regulations and orders), in subsection (2)(a), after “section

12(5)(b)),” there is inserted “20(2A), 20(3A)”.

10Social Security (Recovery of Benefits) Act 1997 (c. 27)1997 (c. 27)

9 The Social Security (Recovery of Benefits) Act 1997 is amended as follows.

10 (1) Section 11 (appeals against certificates) is amended as follows.

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

“(2A) Regulations may provide that, in such cases or circumstances as may

15be 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) 20the 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

25accordance with regulations under subsection (2A) there is no right of

appeal, any purported appeal)”.

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

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

or”.

(3) 30After 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.”

Child Support, Pensions and Social Security Act 2000 (c. 19)2000 (c. 19)

12 35Schedule 7 to the Child Support, Pensions and Social Security Act 2000 is

amended as follows.

13 (1) Paragraph 6 (housing benefit and council tax benefit: appeal to First-tier

Tribunal) is amended as follows.

(2) In sub-paragraph (4), after paragraph (b) there is inserted—

40“or where regulations under sub-paragraph (5A) so provide.”

(3) After sub-paragraph (5) there is inserted—

“(5A) Regulations may provide that, in such cases or circumstances as

may be prescribed, there is a right of appeal in relation to a

decision only if the relevant authority which made the decision

5has considered whether to revise the decision under paragraph 3.

(5B) The regulations may in particular provide that that condition is

met only where—

(a) the consideration by the relevant authority was on an

application,

(b) 10the relevant authority considered issues of a specified

description, or

(c) the consideration by the relevant authority satisfied any

other condition specified in the regulations.”

(4) In sub-paragraph (8)—

(a) 15the words from “make provision” to the end become paragraph (a);

(b) after that paragraph there is inserted—

“(b) provide that, where in accordance with regulations

under sub-paragraph (5A) there is no right of

appeal against a decision, any purported appeal

20may be treated as an application for revision under

paragraph 3.”

14 In paragraph 20(4) (regulations subject to affirmative procedure) for “or (4)”

there is substituted “, (4) or (5A)”.

Child Maintenance and Other Payments Act 2008 (c. 6)2008 (c. 6)

15 25The Child Maintenance and Other Payments Act 2008 is amended as

follows.

16 In section 49(2) (regulations regarding reconsideration) after “and” there is

inserted “may prescribe”.

17 (1) Section 50 (appeals to First-tier Tribunal) is amended as follows.

(2) 30After subsection (1) there is inserted—

“(1A) Regulations may provide that, in such cases or circumstances as may

be prescribed, a person may appeal against a determination made on

a claim only if the Secretary of State has decided whether to

reconsider the determination under section 49.

(1B) 35The regulations may in particular provide that that condition is met

only where—

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

(b) the Secretary of State considered issues of a specified

description, or

(c) 40the decision of the Secretary of State satisfied any other

condition specified in the regulations.”

(3) In subsection (4)(c) after “an appeal under subsection (1)(a)” there is inserted

“(or, where in accordance with regulations under subsection (1A) there is no

right of appeal, any purported appeal)”.

18 (1) Section 53 (regulations under Part 4) is amended as follows.

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

“(2A) The power to make regulations under section 50(1A) may be

exercised—

(a) 5in relation to all cases to which it extends, in relation to those

cases but subject to specified exceptions or in relation to any

specified cases or classes of case;

(b) so as to make, as respects the cases in relation to which it is

exercised—

(i) 10the full provision to which it extends or any lesser

provision (whether by way of exception or

otherwise);

(ii) the same provision for all cases, different provision

for different cases or classes of case or different

15provision as respects the same case or class of case but

for different purposes of this Act;

(iii) provision which is either unconditional or is subject

to any specified condition.”

(3) In subsection (3) after “section 46” there is inserted “or 50(1A)”.

Section 100

20SCHEDULE 12 Supersession of decisions of former appellate bodies

Child Support Act 1991 (c. 48)1991 (c. 48)

1 The Child Support Act 1991 is amended as follows.

2 (1) Section 17 (decisions superseding earlier decisions) is amended as follows.

(2) 25In subsection (1)—

(a) in paragraphs (b) and (d) after “any decision of” there is inserted “an

appeal tribunal or”;

(b) in paragraph (e) after “any decision of” there is inserted “a Child

Support Commissioner or”.

(3) 30After subsection (5) there is inserted—

“(6) In this section—

• “appeal tribunal” means an appeal tribunal constituted under
  
  Chapter 1 of Part 1 of the Social Security Act 1998 (the
  
  functions of which have been transferred to the First-tier
  
  35Tribunal);

• “Child Support Commissioner” means a person appointed as
  
  such under section 22 (the functions of whom have been
  
  transferred to the Upper Tribunal).”

3 (1) In Schedule 4C (departure directions), paragraph 2 is amended as follows.

(2) 40In sub-paragraph (1)(c), after “any decision of” there is inserted “an appeal

tribunal or”.

(3) In sub-paragraph (2), after “any decision of” (in each place) there is inserted

“an appeal tribunal or”.

(4) After sub-paragraph (2) there is inserted—

“(3) In this paragraph “appeal tribunal” means an appeal tribunal

5constituted under Chapter 1 of Part 1 of the Social Security Act

1998 (the functions of which have been transferred to the First-tier

Tribunal).”

Social Security Act 1998 (c. 14)1998 (c. 14)

4 (1) Section 10 of the Social Security Act 1998 (decisions superseding earlier

10decisions) is amended as follows.

(2) In subsection (1), the “and” at the end of paragraph (a) is repealed and after

that paragraph there is inserted—

“(aa) any decision under this Chapter of an appeal tribunal or a

Commissioner; and”.

(3) 15After subsection (6) there is inserted—

“(7) In this section—

• “appeal tribunal” means an appeal tribunal constituted under
  
  Chapter 1 of this Part (the functions of which have been
  
  transferred to the First-tier Tribunal);

• 20“Commissioner” means a person appointed as a Social Security
  
  Commissioner under Schedule 4 (the functions of whom
  
  have been transferred to the Upper Tribunal), and includes a
  
  tribunal of such persons.”

Child Support, Pensions and Social Security Act 2000 (c. 19)2000 (c. 19)

5 (1) 25In Schedule 7 to the Child Support, Pensions and Social Security Act 2000

(housing benefit and council tax benefit), paragraph 4 (decisions

superseding earlier decisions) is amended as follows.

(2) In sub-paragraph (1), the “and” at the end of paragraph (a) is repealed and

after that paragraph there is inserted—

“(aa) 30any decision under this Schedule of an appeal tribunal or a

Commissioner, and”.

(3) In sub-paragraph (2)—

(a) after “the decision appealed against to” there is inserted “the tribunal

or”;

(b) 35after “the decision being appealed against to” there is inserted “the

Commissioner or”.

(4) After sub-paragraph (6) there is inserted—

“(7) In this paragraph—

• “appeal tribunal” means an appeal tribunal constituted
  
  40under Chapter 1 of Part 1 of the Social Security Act 1998
  
  (the functions of which have been transferred to the First-
  
  tier Tribunal);

• “Commissioner” means a person appointed as a Social
  
  Security Commissioner under Schedule 4 to that Act (the

  Welfare Reform BillPage 147

  functions of whom have been transferred to the Upper
  
  Tribunal), and includes a tribunal of such persons.”

Section 135

SCHEDULE 13 Social Mobility and Child Poverty Commission

5Part 1 Establishment of Social Mobility and Child Poverty Commission

1 The Child Poverty Act 2010 is amended as follows.

2 For section 8 (and the preceding italic heading) there is substituted—

“Social Mobility and Child Poverty Commission

8 Social Mobility and Child Poverty Commission

(1) 10There is to be a body called the Social Mobility and Child Poverty

Commission (in this Act referred to as “the Commission”).

(2) The Commission’s functions are those conferred on it by or under

this Act.

(3) Schedule 1 contains further provision about the Commission.

(4) 15A Minister of the Crown may by order provide for the Commission

to cease to exist on a day—

(a) specified in or determined in accordance with the order, and

(b) falling after the target year.

(5) An order under subsection (4) may contain such transitional or

20consequential provision as the Minister of the Crown considers

necessary or expedient in connection with the abolition of the

Commission.

(6) That provision may include provision amending, repealing or

revoking—

(a) 25the provisions of this Act so far as relating to the

Commission;

(b) any provision of any other Act (whenever passed);

(c) any provision of any instrument made under an Act

(whenever made).

8A 30Advice

(1) The Commission must on request give advice to a Minister of the

Crown about how to measure socio-economic disadvantage, social

mobility and child poverty.

(2) Advice given under this section must be published.

8B Annual reports

(1) Before each anniversary of the coming into force of this section the

Commission must publish a report setting out its views on the

progress made towards the goals in subsection (2).

(2) 5Those goals are—

(a) improving social mobility in the United Kingdom, and

(b) reducing child poverty in the United Kingdom, and in

particular—

(i) meeting the targets in sections 3 to 6 in relation to the

10target year, and

(ii) implementing the most recent UK strategy, Scottish

strategy, Northern Ireland strategy and Welsh

strategy.

(3) A report under subsection (1) may by published as one or more

15documents as a Minister of the Crown may direct.

(4) If the Commission so requests, a Minister of the Crown may by order

extend the publication deadline for any particular report by not more

than nine months.

(5) A Minister of the Crown must lay a report under this section before

20Parliament.

8C Other functions

A Minister of the Crown may direct the Commission to carry out any

other activity relating to the goals in section 8B(2).”

3 For Schedule 1 (Child Poverty Commission) there is substituted—

“Schedule 1 25Social Mobility and Child Poverty Commission

Membership, chair and deputy chair

1 (1) The members of the Commission are to be—

(a) a chair appointed by a Minister of the Crown,

(b) a member appointed by the Scottish Ministers,

(c) 30a member appointed by the Welsh Ministers,

(d) a member appointed by the relevant Northern Ireland

department, and

(e) any other members appointed by a Minister of the Crown.

(2) A Minister of the Crown may appoint one of the members as the

35deputy chair.

Term of office

2 Members are to hold and vacate office in accordance with the

terms of their appointment, subject to the following provisions.

3 Members must be appointed for a term of not more than five

40years.

4 A member may resign by giving notice in writing to a Minister of

the Crown.

5 A Minister of the Crown may remove a member if—

(a) the person has been absent from three or more consecutive

5meetings of the Commission without its permission,

(b) the person has become bankrupt or has made an

arrangement with creditors,

(c) the person’s estate has been sequestrated in Scotland or the

person, under Scots law, has made a composition or

10arrangement with, or granted a trust deed for, creditors, or

(d) the Minister is satisfied that the person is otherwise unable

or unfit to perform the duties of the office.

6 A person ceases to be the chair or the deputy chair if the person—

(a) resigns that office by giving notice in writing to a Minister

15of the Crown, or

(b) ceases to be a member.

7 A person who holds or has held office as the chair, or as the deputy

chair or other member, may be reappointed, whether or not to the

same office.

20Staff and facilities

8 A Minister of the Crown may provide the Commission with—

(a) such staff,

(b) such accommodation, equipment and other facilities, and

(c) such sums,

25as the Minister may determine are required by the Commission in

the exercise of its functions.

Payments

9 A Minister of the Crown may pay to or in respect of the members

of the Commission such remuneration, allowances and expenses

30as the Minister may determine.

Supplementary powers

10 The Commission may do anything that appears to it necessary or

appropriate for the purpose of, or in connection with, the carrying

out of its functions.

35Status

11 The Commission is not to be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, privilege or immunity of the

Crown.

40Sub-committees

12 The Commission may establish sub-committees.