Social Security Bill

Social Security Bill - continued	House of Commons
PART I, DECISIONS AND APPEALS - continued
Appeals - continued

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Appeal from Commissioner on point of law.	16. - (1) Subject to subsections (2) and (3) below, an appeal on a question of law shall lie to the appropriate court from any decision of a Commissioner.
	(2) No appeal under this section shall lie from a decision except-
	(a) with the leave of the Commissioner who gave the decision or, in a prescribed case, with the leave of a Commissioner selected in accordance with regulations; or
	(b) if he refuses leave, with the leave of the appropriate court.
	(3) An application for leave under this section in respect of a Commissioner's decision may only be made by-
	(a) a person who, before the proceedings before the Commissioner were begun, was entitled to appeal to the Commissioner from the decision to which the Commissioner'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 leave;
	and regulations may make provision with respect to the manner in which and the time within which applications must be made to a Commissioner for leave under this section and with respect to the procedure for dealing with such applications.
	(4) On an application to a Commissioner for leave under this section it shall be the duty of the Commissioner to specify as the appropriate court-
	(a) the Court of Appeal if it appears to him that the relevant place is in England or Wales;
	(b) the Court of Session if it appears to him that the relevant place is in Scotland; and
	(c) the Court of Appeal in Northern Ireland if it appears to him that the relevant place is in Northern Ireland,
	except that if it appears to him, having regard to the circumstances of the case and in particular to the convenience of the persons who may be parties to the proposed appeal, that he should specify a different court mentioned in paragraphs (a) to (c) above as the appropriate court, it shall be his duty to specify that court as the appropriate court.
	(5) In this section-
	"the appropriate court", except in subsection (4) above, means the court specified in pursuance of that subsection;
	"the relevant place", in relation to an application for leave to appeal from a decision of a Commissioner, means the premises where the person or authority whose decision was the subject of the Commissioner's decision usually exercises his or its functions.
	(6) Any power to make regulations conferred by this section shall be exercisable by the Lord Chancellor.
	Where the Lord Chancellor proposes to exercise any such power, it shall be his duty to consult the Lord Advocate with respect to the proposal.
	Procedure etc.
Procedure.	17. - (1) Regulations ("procedure regulations") may make any such provision as is specified in Schedule 5 to this Act.
	(2) Procedure regulations prescribing the procedure to be followed in cases before a Commissioner shall provide that any hearing shall be in public except in so far as the Commissioner for special reasons otherwise directs.
	(3) It is hereby declared-
	(a) that the power to prescribe procedure includes power to make provision as to the representation of one person, at any hearing of a case, by another person whether having professional qualifications or not; and
	(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.
	(6) If it appears to a Commissioner that a matter before him involves a question of fact of special difficulty, he may direct that in dealing with that matter he shall have the assistance of one or more experts.
	In this subsection "expert" means a person appearing to the Commissioner to have knowledge or experience which would be relevant in determining the question of fact of special difficulty.
	(7) If it appears to the Chief Commissioner (or, in the case of his inability to act, to such other of the Commissioners as he may have nominated to act for the purpose) that an appeal falling to be heard by one of the Commissioners involves a question of law of special difficulty, he may direct that the appeal be dealt with, not by that Commissioner alone, but by a tribunal consisting of any three of the Commissioners.
	If the decision of the tribunal is not unanimous, the decision of the majority shall be the decision of the tribunal.
	(8) Except so far as it may be applied in relation to England and Wales by procedure regulations, Part I of the Arbitration Act 1996 shall not apply to any proceedings under this Chapter.
Finality of decisions.	18. - (1) Subject to the provisions of this Chapter, 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 12 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 a decision, or on which a decision is based, shall be conclusive for the purpose of further decisions.
Matters arising as respects decisions.	19. - (1) Regulations may make provision as respects matters arising-
	(a) pending any decision under this Chapter of the Secretary of State, an appeal tribunal or a Commissioner which relates to-
	(i) any claim for a relevant benefit;
	(ii) any person's entitlement to such a benefit or its receipt;
	(iii) statutory sick pay or statutory maternity pay; or
	(iv) any person's liability for contributions; or
	(b) out of the revision under section 10 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 in a case where, before the benefit was awarded to that person, child benefit in respect of the child was awarded to another person.
	Medical examinations
Medical examination required by Secretary of State.	20. - (1) Before making a decision on a claim for a relevant benefit, or as to a person's entitlement to such a benefit or to statutory sick pay or statutory maternity pay, 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 medical practitioner 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 medical practitioner 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.
Medical examination required by appeal tribunal.	21. - (1) This section applies where an appeal has been brought under section 13 above against a decision on a claim for a relevant benefit, or as to a person's entitlement to such a benefit or to statutory sick pay or statutory maternity pay.
	(2) An eligible person may, if prescribed conditions are satisfied, refer the person-
	(a) in respect of whom the claim is made; or
	(b) whose entitlement is at issue,
	to a medical practitioner for such examination and report as appears to the eligible person to be necessary for the purpose of providing an appeal tribunal with information for use in determining the appeal.
	In this subsection "eligible person" means a person who is eligible to be appointed as the sole member of an appeal tribunal, or to be nominated as the chairman of such a tribunal.
	(3) At a hearing before an appeal tribunal, except in prescribed circumstances, 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.
	Suspension etc. of benefit
Suspension in prescribed circumstances.	22. - (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 10 above) or superseded (under section 11 above);
	(c) an appeal is pending against a decision of an appeal tribunal, a Commissioner or a court; or
	(d) an appeal is pending against the decision given in a different case by an appeal tribunal, a Commissioner 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 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.
	(4) Any reference in this section or section 24 or 25 below to a relevant benefit includes a reference to statutory sick pay and statutory maternity pay.
Suspension and termination for failure to furnish information etc.	23. - (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) The regulations may also provide that, except in prescribed cases or circumstances, entitlement to a relevant benefit shall cease from a date not earlier than the date on which payments were suspended.
	(4) In this section "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 10 or superseded under section 11 above.
Suspension and termination for failure to submit to medical examination.	24. 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.
	Decisions and appeals dependent on other cases
Decisions involving issues that arise on appeal in other cases.	25. - (1) This section applies where-
	(a) a decision by the Secretary of State falls to be made under section 9, 10 or 11 above in relation to a particular case; and
	(b) an appeal is pending against the decision given in another case by a Commissioner 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 10 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.
Appeals involving issues that arise on appeal in other cases.	26. - (1) This section applies where-
	(a) an appeal ("appeal A") in relation to a decision under section 9, 10 or 11 above is made to an appeal tribunal, or from an appeal tribunal to a Commissioner; and
	(b) an appeal ("appeal B") is pending against a decision given in a different case by a Commissioner 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 tribunal or 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) 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 tribunal, revise (under section 10 above) 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 11 above) superseding the tribunal's decision.
	(4) Where appeal A is to be dealt with in accordance with this subsection, the appeal tribunal or Commissioner shall either-
	(a) stay appeal A until appeal B is determined; or
	(b) if the tribunal or 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 mentioned in subsection (1)(a) above.
	(5) Where the appeal tribunal or Commissioner 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 11 above) superseding the decision of the tribunal or 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) The reference in subsection (1)(a) above to an appeal to a Commissioner shall be read as including a reference to an application for leave to appeal to a Commissioner.
	(8) Regulations may make provision supplementing that made by this section.

Prepared 10 July 1997