Social Security Bill

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

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Housing benefit and council tax benefit

Determination of claims and reviews.

34. - (1) Regulations shall provide that, where a person claims-

(a) housing benefit; or

(b) council tax benefit,

the authority to whom the claim is made shall notify the person of its determination of the claim.

(2) Any such notification shall be given in such form as may be prescribed.

(3) Regulations may make provision requiring authorities to whom claims for housing benefit or council tax benefit are made by, or in respect of, persons who have been entitled to a jobseeker's allowance or to income support to give priority, in prescribed circumstances, to those claims over other claims for any such benefit.

(4) Regulations shall make provision for reviews of determinations relating to housing benefit or council tax benefit.

Suspension of benefit in prescribed circumstances.

35. - (1) Regulations may provide for-

(a) suspending in prescribed circumstances, in whole or in part-

(i) payments of housing benefit or council tax benefit; or

(ii) any right (exercisable by way of council tax benefit) to make a reduction in the amount that a person is or becomes liable to pay in respect of council tax;

(b) the subsequent making, or restoring, in prescribed circumstances of any or all of the payments, or any right, so suspended.

(2) Regulations made under subsection (1) above may, in particular, make provision for any case where, in relation to a claim for housing benefit or council tax benefit-

(a) it appears to the authority that an issue arises whether the conditions for entitlement to the benefit are or were fulfilled;

(b) it appears to the authority that an issue arises whether the determination of the claim should be reviewed in accordance with regulations made under section 34(4) above;

(d) an appeal is pending to a court in relation to the determination (whether made by the authority or by any other authority) of a different claim for housing benefit or council tax benefit, and it appears to the authority that if the appeal were to be determined in a particular way an issue would arise whether the determination of the claim ought to be reviewed.

(3) For the purposes of subsection (2) above, an appeal against a determination is pending if-

(a) an appeal against the determination has been brought but not determined;

(b) an application for leave to appeal against the determination has been made but not determined; or

(c) in such circumstances as may be prescribed, an appeal against the determination has not been brought (or, as the case may be, an application for leave to appeal against the determination has not been made) but the time for doing so has not yet expired.

Social fund payments

Appropriate officers.

36. - (1) In this section and section 38 below, "appropriate officer" means an officer of the Secretary of State who, acting under his authority, is exercising functions of the Secretary of State in relation to such payments out of the social fund as are mentioned in section 138(1)(b) of the Contributions and Benefits Act.

(2) The Secretary of State may nominate for an area an appropriate officer who shall issue general guidance to other such officers in the area about such matters relating to the social fund as the Secretary of State may specify.

(3) In relation to any decision of an appropriate officer, section 38 below shall apply in substitution for sections 10 and 11 above.

The social fund Commissioner and inspectors.

37. - (1) There shall continue to be an officer known as "the social fund Commissioner".

(2) The social fund Commissioner shall be appointed by the Secretary of State.

(3) The social fund Commissioner-

(a) shall appoint such social fund inspectors; and

(b) may appoint such officers and staff for himself and for social fund inspectors,

as he thinks fit, but with the consent of the Secretary of State as to numbers.

(4) Appointments under subsection (3) above shall be made from persons made available to the social fund Commissioner by the Secretary of State.

(5) It shall be the duty of the social fund Commissioner-

(a) to monitor the quality of decisions of social fund inspectors and give them such advice and assistance as he thinks fit to improve the standard of their decisions;

(b) to arrange such training of social fund inspectors as he considers appropriate; and

(c) to carry out such other functions in connection with the work of social fund inspectors as the Secretary of State may direct.

(6) The social fund Commissioner shall report annually in writing to the Secretary of State on the standards of reviews by social fund inspectors and the Secretary of State shall publish his report.

Reviews of decisions.

38. - (1) An appropriate officer-

(a) shall review a social fund determination, if an application for a review is made, within such time and in such form and manner as may be prescribed, by or on behalf of the person who applied for the payment to which the determination relates; and

(b) may review such a determination in such other circumstances as he thinks fit.

(2) The power to review a social fund determination conferred by subsection (1) above includes power to review a determination made on a previous review.

(3) Subject to subsection (4) below, a social fund determination which has been reviewed under subsection (1) above shall be further reviewed by a social fund inspector if an application is made, within such time and in such form and manner as may be prescribed, by or on behalf of the person who applied for the payment to which the determination relates.

(4) A social fund determination which has been reviewed under subsection (1) above on the basis of the criteria mentioned in paragraphs (a) and (b) of section 140(1A) of the Contributions and Benefits Act (budgeting loans: criteria for making awards) shall not be further reviewed under subsection (3) above on the basis of those criteria.

(5) On a review under subsection (3) above a social fund inspector shall have the following powers-

(a) power to confirm the determination made by the appropriate officer;

(b) power to make any determination which an appropriate officer could have made;

(6) A social fund inspector may review a determination under subsection (3) above made by himself or some other social fund inspector.

(7) In making a determination on a review an appropriate officer or a social fund inspector shall-

(a) subject to paragraphs (b) and (c) below, have regard to whichever of the following are applicable, namely-

(i) all the circumstances of the case and, in particular, the criteria specified in paragraphs (a) to (e) of subsection (1) of section 140 of the Contributions and Benefits Act;

(ii) the criteria mentioned in paragraphs (a) and (b) of subsection (1A) of that section; and

(iii) the criteria specified in directions issued by the Secretary of State under that subsection;

(b) act in accordance with any general directions issued by the Secretary of State under subsection (2) of that section, and any general directions issued by him with regard to reviews; and

(c) take account of any general guidance issued by the Secretary of State under that subsection or with regard to reviews.

(8) Directions under this section may specify-

(a) the circumstances in which a social fund determination is to be reviewed; and

(b) the manner in which a review is to be conducted.

(9) In making a determination on a review an appropriate officer shall take account (subject to any directions or guidance issued by the Secretary of State under this section) of any guidance issued by the appropriate officer nominated for his area under section 36(2) above.

(10) A social fund inspector reviewing a social fund determination shall be under the same duties in relation to such guidance as the appropriate officer or social fund inspector who made the determination.

(11) In this section "social fund determination" means a determination made under the Contributions and Benefits Act by an appropriate officer.

Supplemental

Interpretation etc. of Chapter II.

39. - (1) In this Chapter-

"appeal tribunal" means an appeal tribunal constituted under Chapter I of this Part;

"Commissioner" means the Chief Social Security Commissioner or any other Social Security Commissioner, and includes a tribunal of three Commissioners constituted under section 17(7) above;

"relevant benefit" has the meaning given by section 9(2) above.

(2) Expressions used in this Chapter to which a meaning is assigned by section 191 of the Administration Act have that meaning in this Chapter.

(3) Part II of the Administration Act, which is superseded by the foregoing provisions of this Chapter, shall cease to have effect.

CHAPTER III

OTHER DECISIONS AND APPEALS

Child support

Child support: revision of decisions.

40. For section 16 of the Child Support Act there shall be substituted the following section-

"Revision of decisions.	16. - (1) Any decision of the Secretary of State under section 11, 12 or 17 may be revised by him-
	(a) either within the prescribed period or in prescribed cases or circumstances; and
	(b) either on an application made for the purpose or on his own initiative;
	and regulations may prescribe the procedure by which a decision of the Secretary of State may be so revised.
	(2) In making a decision under subsection (1), the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.
	(3) Subject to subsections (4) and (5) and section 28ZC, a revision under this section shall take effect as from the date on which the original decision took (or was to take) effect.
	(4) Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed.
	(5) Where a decision is revised under this section, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.
	(6) Except in prescribed circumstances, an appeal against a decision of the Secretary of State shall lapse if the decision is revised under this section before the appeal is determined."

Child support: decisions superseding earlier decisions.

41. For sections 17 to 19 of the Child Support Act there shall be substituted the following section-

"Decisions superseding earlier decisions.	17. - (1) Subject to subsection (2), the following, namely-
	(a) any decision of the Secretary of State under section 11 or 12 or this section, whether as originally made or as revised under section 16;
	(b) any decision of an appeal tribunal under section 20; and
	(c) any decision of a Child Support Commissioner on an appeal from such a decision as is mentioned in paragraph (b),
	may be superseded by a decision made by the Secretary of State, either on an application made for the purpose or on his own initiative.
	(2) In making a decision under subsection (1), the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.
	(3) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this section.
	(4) Subject to subsection (5) and section 28ZC, a decision under this section shall take effect as from the date on which it is made or, where applicable, the date on which the application was made.
	(5) Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed."

Child support: appeals to appeal tribunals.

42. For sections 20 to 21 of the Child Support Act there shall be substituted the following section-

{d2} The tribunal may, in remitting any case under this subsection, give such directions as it considers appropriate.

"Appeals to appeal tribunals.	20. - (1) Where-
	(a) an application for a maintenance assessment is refused; or
	(b) an application under section 17 in respect of a maintenance assessment which is in force is refused,
	the person who made that application shall have a right of appeal to an appeal tribunal.
	(2) Where a maintenance assessment is in force-
	(a) the absent parent or person with care with respect to whom it was made; or
	(b) where the application for the assessment was made under section 7, either of them or the child concerned,
	shall have a right of appeal to an appeal tribunal.
	(3) Where a maintenance assessment is cancelled, or an application for the cancellation of a maintenance assessment is refused-
	(a) the absent parent or person with care with respect to whom the maintenance assessment in question was, or remains, in force; or
	(b) where the application for that assessment was made under section 7, either of them or the child concerned,
	shall have a right of appeal to an appeal tribunal.
	(4) A person with a right of appeal under this section shall be given such notice of a decision falling within subsection (1) or (3) and of that right as may be prescribed.
	(5) Where an appeal under this section is allowed, the tribunal shall remit the case to the Secretary of State, who shall deal with it accordingly.
	(6) Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought."

Child support: decisions and appeals dependent on other cases.

43. After section 28 of the Child Support Act there shall be inserted the following sections-

{d2} In this subsection "the appellant" means the person who appealed or, as the case may be, first appealed against the decision or assessment mentioned in subsection (1)(a).

	"Decisions and appeals dependent on other cases
Decisions involving issues that arise on appeal in other cases.	28ZA. - (1) This section applies where-
	(a) a decision by the Secretary of State falls to be made under section 11, 12, 16 or 17 in relation to a maintenance assessment; and
	(b) an appeal is pending against a decision given in relation to a different maintenance assessment by a Child Support Commissioner or a court.
	(2) 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 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.
	(3) Where the Secretary of State acts in accordance with subsection (2)(b), following the determination of the appeal he shall if appropriate revise his decision (under section 16) in accordance with that determination.
	(4) 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.	28ZB. - (1) This section applies where-
	(a) an appeal ("appeal A") in relation to a decision falling within section 20(1) or (3), or an assessment falling within section 20(2), is made to an appeal tribunal, or from an appeal tribunal to a Child Support Commissioner; and
	(b) an appeal ("appeal B") is pending against a decision given in a different case by a Child Support Commissioner or a court.
	(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 Child Support 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).
	(3) Where appeal A is referred to the Secretary of State under subsection (2)(a), 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 16) 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 17) superseding the tribunal's decision.
	(4) Where appeal A is to be dealt with in accordance with this subsection, the appeal tribunal or Child Support Commissioner shall either-
	(a) stay appeal A until appeal B is determined; or
	(b) if the tribunal or Child Support 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.
	(5) Where the appeal tribunal or Child Support Commissioner acts in accordance with subsection (4)(b), following the determination of appeal B the Secretary of State shall, if appropriate, make a decision (under section 17) superseding the decision of the tribunal or Child Support 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) to an appeal to a Child Support Commissioner shall be read as including a reference to an application for leave to appeal to a Child Support Commissioner.
	(8) Regulations may make provision supplementing that made by this section."

Prepared 10 July 1997