Social Security Bill

Social Security Bill - continued	House of Commons

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SCHEDULE 6

MINOR AND CONSEQUENTIAL AMENDMENTS

Army Act 1955 (c.18)

1. In section 150A(3) of the Army Act 1955 (enforcement of maintenance assessment by deductions from pay), for the words "a child support officer" there shall be substituted the words "the Secretary of State".

Air Force Act 1955 (c.19)

2. In section 150A(3) of the Air Force Act 1955 (enforcement of maintenance assessment by deductions from pay), for the words "a child support officer" there shall be substituted the words "the Secretary of State".

Parliamentary Commissioner Act 1967 (c.13)

3. - (1) In subsection (8) of section 5 of the Parliamentary Commissioner Act 1967 (matters subject to investigation), for the words "listed in Schedule 4 to this Act" there shall be substituted the words "constituted under Chapter I of Part I of the Social Security Act 1997".

(2) Schedule 4 to that Act (relevant tribunals for the purposes of section 5(7)) shall cease to have effect.

House of Commons Disqualification Act 1975 (c.24)

4. - (1) In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), in the entry relating to an adjudicating medical practitioner or specially qualified medical practitioner, the words "Part II of the Social Security Administration Act 1992 or" shall cease to have effect.

(2) In that Part of that Schedule, the following entries shall cease to have effect, namely-

"Regional or other full-time chairman of a child support appeal tribunal established under section 21 of the Child Support Act 1991";

"A regional or other full-time Chairman of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals";

"Chief Adjudication Officer appointed under section 39 of the Social Security Administration Act 1992";

"Chief Child Support Officer appointed under section 13(3) of the Child Support Act 1991";

"Member of a Medical Appeal Tribunal appointed under section 50 of the Social Security Administration Act 1992";

"Member of a panel appointed under section 6 of the Tribunals and Inquiries Act 1992 of persons to act as chairmen of Child Support Appeal Tribunals";

"Member of a panel appointed under section 6 of the Tribunals and Inquiries Act 1992 of persons to act as chairmen of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals";

"Member of a panel of persons who may be appointed to serve on a Vaccine Damage Tribunal"; and

"President of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals".

(2) In that Part of that Schedule, after the entry relating to a person holding a politically restricted post there shall be inserted the following entry-

" President of appeal tribunals (within the meaning of Chapter I of Part I of the Social Security Act 1997) appointed under section 5 of that Act".

Vaccine Damage Payments Act 1979 (c.17)

5. In subsection (4) of section 3 of the Vaccine Damage Payments Act (determination of claims), for the words from "that, if an application" to the end there shall be substituted the words "of the right of appeal conferred by section 4 below".

6. In section 5 of that Act (reconsideration of determinations and recovery of payments in certain cases), subsections (1) to (3) and (5) shall cease to have effect.

7. - (1) In subsection (3) of section 7 of that Act (payments, claims etc. made prior to Act)-

(a) for the words "section 5 above", in the first place where they occur, there shall be substituted the words "section 3A above"; and

(b) the words from "and in relation to" to the end shall cease to have effect.

(2) In subsection (4) of that section, for the words "Subsections (4) and (5) of section 5 above" there shall be substituted the words "Section 5(4) above".

8. In subsection (3) of section 8 of that Act (regulations)-

(a) for the words "a reconsideration under section 5 above", in both places where they occur, there shall be substituted the words "a decision under section 3A above"; and

(b) for the words "the tribunals constituted under section 4 above" there shall be substituted the words "appeal tribunals".

9. In section 12 of that Act (financial provisions), subsection (1) shall cease to have effect.

Debtors (Scotland) Act 1987 (c.18)

10. In subsection (5)(f) of section 1 (competence of time to pay direction) and subsection (4)(f) of section 5 (competence of time to pay order) of the Debtors (Scotland) Act 1987-

(a) the word "; or" after sub-paragraph (ii) shall cease to have effect; and

(b) after sub-paragraph (iii) there shall be inserted the words"or

(iv) any amount by way of contributions, or by way of interest or penalty in respect of contributions, certified under section 118(1) of the Social Security Administration Act 1992 as liable to be paid to the Secretary of State."

11. In section 106 of that Act (interpretation), in the definition of "summary warrant", after paragraph (c) there shall be inserted the following paragraph-

"(cc) section 121B of the Social Security Administration Act 1992;".

12. In paragraph 35 of Schedule 5 to that Act (interpretation), in the definition of "creditor", after paragraph (d) there shall be inserted the following paragraph-

"(dd) for the purposes of section 121B of the Social Security Administration Act 1992, the Secretary of State;".

Child Support Act 1991 (c.48)

13. In section 2 of the Child Support Act (welfare of children: the general principle), the words "or any child support officer" shall cease to have effect.

14. In subsection (4) of section 4 of that Act (child support maintenance), the words "or the child support officer" shall cease to have effect.

15. In subsection (9) of section 6 of that Act (applications by those receiving benefit), the words "or the child support officer" shall cease to have effect.

16. In subsection (5) of section 7 of that Act (right of child in Scotland to apply for assessment), the words "or the child support officer" shall cease to have effect.

17. In subsections (1) and (2) of section 8 of that Act (role of courts with respect to maintenance for children), for the words "a child support officer" there shall be substituted the words "the Secretary of State".

18. - (1) In subsection (4) of section 10 of that Act (relationship between maintenance assessments and certain court orders)-

(a) for the words "the child support officer concerned" there shall be substituted the words "the Secretary of State"; and

(b) for the words "that officer" there shall be substituted the word "he".

(2) In subsection (5) of that section, for the words "a child support officer" there shall be substituted the words "an officer of the Secretary of State".

19. - (1) In subsection (1) of section 11 of that Act (maintenance assessments), for the words "referred by him to a child support officer whose duty it shall be to deal with the application" there shall be substituted the words "dealt with by him".

(2) In subsection (1A) of that section, for the words "before referring the application to a child support officer" there shall be substituted the words "before determining the application".

20. - (1) For subsections (1) and (1A) of section 12 of that Act (interim maintenance assessments) there shall be substituted the following subsection-

	"(1) Where the Secretary of State-
	(a) is required to make a maintenance assessment; or
	(b) is proposing to make a decision under section 16 or 17,
	and (in either case) it appears to him that he does not have sufficient information to enable him to do so, he may make an interim maintenance assessment."

(2) In subsections (4) and (5) of that section, for the words "a child support officer" there shall be substituted the words "the Secretary of State".

21. Section 13 of that Act (child support officers) shall cease to have effect.

22. In subsection (3) of section 14 of that Act (information required by Secretary of State), the words "or by child support officers" shall cease to have effect.

23. In subsection (1) of section 15 of that Act (powers of inspectors), the words "or any child support officer" shall cease to have effect.

24. - (1) In subsection (1) of section 24 of that Act (appeal to Child Support Commissioner), for the words "a child support appeal tribunal, and any child support officer" there shall be substituted the words "an appeal tribunal, and the Secretary of State".

(2) In subsection (1A) of that section, for the words "a child support appeal tribunal" there shall be substituted the words "an appeal tribunal".

(3) In subsection (3) of that section-

(a) for the words "the child support appeal tribunal" there shall be substituted the words "the appeal tribunal";

(b) for the words "a child support appeal tribunal", in both places where they occur, there shall be substituted the words "an appeal tribunal";

(4) For subsection (4) of that section there shall be substituted the following subsection-

"(4) The reference under subsection (3) to the Secretary of State shall, subject to any direction of the Child Support Commissioner, be to an officer of his, or a person providing him with services, who has taken no part in the decision originally appealed against."

(5) In subsection (5) of that section, for the words "a child support appeal tribunal" there shall be substituted the words "an appeal tribunal".

(6) In subsection (6) of that section-

(a) for the words "the child support appeal tribunal" there shall be substituted the words "the appeal tribunal";

(b) for the words "a child support appeal tribunal" there shall be substituted the words "an appeal tribunal".

(7) In subsection (8) of that section, for the words "a child support officer", in both places where they occur, there shall be substituted the words "the Secretary of State".

25. - (1) In subsection (1) of section 26 of that Act (disputes about parentage), for the words "the child support officer concerned" there shall be substituted the words "the Secretary of State".

(2) In subsection (2) of that section, in Case E, for the words "the child support officer" there shall be substituted the words "the Secretary of State".

26. In subsection (1) of section 27 of that Act (reference to court for declaration of parentage), for the words "a child support officer to whom the case is referred" there shall be substituted the words "the Secretary of State".

27. In subsection (1) of section 28 of that Act (power of Secretary of State to initiate or defend actions of declarator: Scotland), for the words "a child support officer to whom the case is referred" there shall be substituted the words "the Secretary of State".

28. For subsection (4) of section 28A of that Act (application for departure direction) there shall be substituted the following subsection-

"(4) An application may be made under this section even though an application has been made under section 16(1) or 17(1) with respect to the current assessment."

29. - (1) In section 28B of that Act (preliminary consideration of applications), subsections (4) and (5) shall cease to have effect.

(2) For subsection (6) of that section there shall be substituted the following subsection-

	"(6) Where a decision as to a maintenance assessment is revised or superseded under section 16 or 17, the Secretary of State-
	(a) shall notify the applicant and such other persons as may be prescribed that the decision has been revised or superseded; and
	(b) may direct that the application is to lapse unless, before the end of such period as may be prescribed, the applicant notifies the Secretary of State that he wishes it to stand."

30. In subsections (1) and (3) of section 28D of that Act (determination of applications), for the words "a child support appeal tribunal" there shall be substituted the words "an appeal tribunal".

31. In subsection (6) of section 28F of that Act (departure directions), for the words "a child support officer to make" there shall be substituted the words "the making of".

32. Subsection (1) of section 28G of that Act (effect and duration of departure directions) shall cease to have effect.

33. For section 28H of that Act there shall be substituted the following section-

"Departure directions: decisions and appeals.

28H. Schedule 4C shall have effect for applying sections 16, 17, 20 and 28ZA to 28ZC to decisions with respect to departure directions."

34. In subsection (1) of section 44 of that Act (jurisdiction), for the words "A child support officer" there shall be substituted the words "The Secretary of State".

35. - (1) In subsection (1) of section 45 of that Act (jurisdiction of courts in certain proceedings under this Act), for the words "a child support appeal tribunal" there shall be substituted the words "an appeal tribunal".

(2) In subsection (6) of that section, for the words "child support appeal tribunals" there shall be substituted the words "appeal tribunals".

36. - (1) In subsection (2) of section 46 of that Act (failure to comply with obligations imposed by section 6), for the words "A child support officer" there shall be substituted the words "The Secretary of State".

(2) In subsections (3) to (6) of that section, for the words "the child support officer" there shall be substituted the words "the Secretary of State".

(3) For subsections (7) and (8) of that section there shall be substituted the following subsection-

"(7) Schedule 4C shall have effect for applying sections 16, 17, 20 and 28ZA to 28ZC to decisions with respect to reduced benefit directions."

(4) In subsection (11) of that section, in the definition of "reduced benefit direction", the words ", binding on the adjudication officer," shall cease to have effect.

37. After section 46 of that Act there shall be inserted the following section-

"Matters arising as respects decisions.	46A. - (1) Regulations may make provision as respects matters arising pending-
	(a) any decision of the Secretary of State under section 11, 12 or 17;
	(b) any decision of an appeal tribunal under section 20; or
	(c) any decision of a Child Support Commissioner under section 24.
	(2) Regulations may also make provision as respects matters arising out of the revision under section 16, or on appeal, of any such decision as is mentioned in subsection (1).
	(3) Any reference in this section to section 16, 17 or 20 includes a reference to that section as extended by Schedule 4C."

38. In subsection (5) of section 50 of that Act (unauthorised disclosure of information), in paragraph (c), after the words "other officer of," there shall be inserted the words "an appeal tribunal or".

39. In section 54 of that Act (interpretation)-

(a) the following definition shall be inserted in the appropriate place-

""appeal tribunal" means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1997";

(b) the definitions of "adjudication officer", "Chief Adjudication Officer", "Chief Child Support Officer", "child support appeal tribunal" and "child support officer" shall cease to have effect.

40. - (1) In paragraph 8 of Schedule 1 to that Act (housing costs), for the words "a child support officer" there shall be substituted the words "the Secretary of State".

(2) In paragraph 9 of that Schedule (regulations about income and capital), for the words "the child support officer concerned" and the words "the child support officer" there shall be substituted the words "the Secretary of State".

(3) In paragraph 13 of that Schedule (assessments where amount of child support is nil), for the words "A child support officer" there shall be substituted the words "The Secretary of State".

(4) In paragraph 15 of that Schedule (separate assessments for different periods), for the words "a child support officer" there shall be substituted the words "the Secretary of State".

(5) In paragraph 16 of that Schedule (termination of assessments)-

(a) in sub-paragraphs (2) to (6) and (8), for the words "a child support officer", in each place where they occur, there shall be substituted the words "the Secretary of State";

(b) in sub-paragraph (4A), for the words "conducting a review under section 16, 17, 18 or 19" there shall be substituted the words "proposing to make a decision under section 16 or 17" and for the words "complete the review" there shall be substituted the words "make the decision";

(c) in sub-paragraph (7), for the words "the child support officer" there shall be substituted the words "the Secretary of State"; and

(d) in sub-paragraph (10), the words "or a child support officer" shall cease to have effect.

41. In paragraph 2(1) of Schedule 2 to that Act (local authority records), the words ", or by any child support officer," shall cease to have effect.

42. Schedule 3 (child support appeal tribunals) shall cease to have effect.

43. - (1) In paragraph 2 of Schedule 4A to that Act (applications for departure directions), for the words "a child support appeal tribunal" there shall be substituted the words "an appeal tribunal".

(2) In paragraph 4(1) of that Schedule (information), the words "a child support officer or" shall cease to have effect.

(3) Paragraph 6 of that Schedule (reviews and departure directions) shall cease to have effect.

(4) In paragraph 8 of that Schedule (joint consideration of departure applications and appeals), for the words "A child support appeal tribunal" there shall be substituted the words "An appeal tribunal".

(5) In paragraph 9 of that Schedule (child support appeal tribunals)-

(a) in the heading, for the words "Child support appeal tribunals" there shall be substituted the words "Appeal tribunals";

(b) in sub-paragraph (1), for the words "a child support appeal tribunal" there shall be substituted the words "an appeal tribunal".

44. After Schedule 4B to that Act there shall be inserted the following Schedule-

	"SCHEDULE 4C

	DECISIONS AND APPEALS: DEPARTURE DIRECTIONS AND REDUCED BENEFIT DIRECTIONS
	Revision of decisions
	1. Section 16 shall apply in relation to-
	(a) any decision of the Secretary of State with respect to a departure direction, or a reduced benefit direction; and
	(b) any decision of the Secretary of State under section 17 as extended by paragraph 2,
	as it applies in relation to any decision of the Secretary of State under section 11, 12 or 17.
	Decisions superseding earlier decisions
	2.- (1) Section 17 shall apply in relation to-
	(a) any decision of the Secretary of State with respect to a departure direction, or a reduced benefit direction; and
	(b) any decision of the Secretary of State under that section as extended by this subsection,
	whether as originally made or as revised under section 16 as extended by paragraph 1, as it applies in relation to any decision of the Secretary of State under section 11, 12 or 17, whether as originally made or as revised under section 16.
	(2) Section 17 shall apply in relation to any decision of an appeal tribunal under section 20 as extended by paragraph 3 as it applies in relation to any decision of an appeal tribunal under section 20.
	Appeals to appeal tribunals
	3.- (1) Section 20 shall apply-
	(a) in relation to a qualifying person who is aggrieved by any decision of the Secretary of State with respect to a departure direction; and
	(b) in relation to any person who is aggrieved by a decision of the Secretary of State with respect to a reduced benefit direction,
	as it applies in relation to a person whose application for a maintenance assessment is refused, or whose application under section 16 or 17 in respect of a maintenance assessment which is in force is refused.
	(2) In sub-paragraph (1) "qualifying person" means-
	(a) the person with care, or absent parent, with respect to whom the current assessment was made, or
	(b) where the application for the current assessment was made under section 7, either of those persons or the child concerned.
	Decisions and appeals dependent on other cases
	4.- (1) Section 28ZA shall also apply where-
	(a) a decision by the Secretary of State falls to be made with respect to a departure direction, or a reduced benefit direction; and
	(b) an appeal is pending against a decision given with respect to a different direction by a Child Support Commissioner or a court.
	(2) Section 28ZA as it applies by virtue of sub-paragraph (1) shall have effect as if the reference in subsection (3) to section 16 were a reference to that section as extended by paragraph 1.
	5.- (1) Section 28ZB shall also apply where-
	(a) an appeal is made to an appeal tribunal under section 20 as extended by paragraph 3; and
	(b) an appeal is pending against a decision given in a different case by a Child Support Commissioner or a court.
	(2) Section 28ZB as it applies by virtue of sub-paragraph (1) shall have effect as if any reference to section 16 or section 17 were a reference to that section as extended by paragraph 1 or, as the case may be, paragraph 2.
	Cases of error
	6.- (1) Section 28ZC shall also apply where-
	(a) the effect of the determination, whenever made, of an appeal to a Child Support Commissioner or the court ("the relevant determination") is that the adjudicating authority's decision out of which the appeal arose was erroneous in point of law; and
	(b) after the date of the relevant determination a decision falls to be made in accordance with that determination (or would, apart from this paragraph, fall to be so made)-
	(i) by the Secretary of State, an appeal tribunal, a Child Support Commissioner or a court in relation to an application for a departure direction (made after the commencement date);
	(ii) by the Secretary of State as to whether to revise, under section 16 as extended by paragraph 1, a decision (made after the commencement date) in relation to a departure direction or a reduced benefit direction; or
	(iii) by the Secretary of State on an application made under section 17 as extended by paragraph 2 before the date of the relevant determination (but after the commencement date) for a decision in relation to a departure direction or a reduced benefit direction to be superseded.
	(2) In this paragraph "adjudicating authority", "the commencement date" and "the court" have the same meanings as in section 28ZC."

Social Security Contributions and Benefits Act 1992 (c.4)

45. - (1) In subsection (2) of section 1 of the Contributions and Benefits Act (outline of contributory system), for the word "five" there shall be substituted the word "six" and after paragraph (b) there shall be inserted the following paragraph-

"(bb) Class 1B, payable under section 10A below by persons who are accountable to the Inland Revenue in respect of income tax on emoluments in accordance with a PAYE settlement agreement;".

(2) In subsection (4)(a) of that section after "1A," there shall be inserted "1B,".

(3) In subsection (6) of that section, after the words "Class 1A", in both places where they occur, there shall be inserted the words ", Class 1B".

46. After subsection (2) of section 6 of that Act (liability for Class 1 contributions) there shall be inserted the following subsection-

"(2A) No primary or secondary Class 1 contribution shall be payable in respect of earnings if a Class 1B contribution is payable in respect of them."

47. After subsection (8) of section 10 of that Act (Class 1A contributions) there shall be inserted the following subsection-

"(8A) No Class 1A contribution shall be payable in respect of the making available of a car, or the provision of fuel, if a Class 1B contribution is payable in respect of it."

48. In subsection (2) of section 54 of that Act (Category A and Category B retirement pensions: supplemental provisions), for the words "Part II of the Administration Act" there shall be substituted the words "Chapter II of Part I of the Social Security Act 1997".

49. In subsection (5)(c) of section 95 of that Act (relevant employers), after the words "the Administration Act" there shall be inserted the words ", or Chapter II of Part I of the Social Security Act 1997,".

50. In subsection (1)(b) of section 97 of that Act (accidents in the course of illegal employments), for the words "section 44 of the Administration Act" there shall be substituted the words "section 29 of the Social Security Act 1997".

51. In subsection (2) of section 109 of that Act (general provisions relating to benefit under section 108)-

(a) in paragraph (a), for the words "or the Administration Act" there shall be substituted the words ", the Administration Act or Chapter II of Part I of the Social Security Act 1997";

(b) in paragraph (b), for the words "and that Act" there shall be substituted the words ", that Act and that Chapter";

(c) for the words "the Administration Act", in the second place where they occur, there shall be substituted the words "that Act and that Chapter"; and

(d) after the words "section 1" there shall be inserted the words "of that Act".

52. In subsection (3) of section 113 of that Act (general provisions as to disqualification and suspension), for the words "or the Administration Act" there shall be substituted the words ", the Administration Act or Chapter II of Part I of the Social Security Act 1997".

53. In subsection (2) of section 116 of that Act (Her Majesty's forces), for the words "provision of Part II of the Administration Act which replaces" there shall be substituted the words "provisions of Chapter II of Part I of the Social Security Act 1997 which correspond to".

54. In subsection (1) of section 117 of that Act (mariners, airmen etc.), for the words "provision of Part II of the Administration Act which replaces" there shall be substituted the words "provisions of Chapter II of Part I of the Social Security Act 1997 which correspond to".

55. In section 119 of that Act (persons outside Great Britain), for the words "provision of Part II of the Administration Act which replaces" there shall be substituted the words "provisions of Chapter II of Part I of the Social Security Act 1997 which correspond to".

56. In subsection (1) of section 120 of that Act (employment at sea: continental shelf operations), for the words "provision of Part II of the Administration Act which replaces" there shall be substituted the words "provisions of Chapter II of Part I of the Social Security Act 1997 which correspond to".

57. In subsection (1) of section 122 of that Act (interpretation of Parts I to VI and supplementary provisions)-

(a) in the definition of "entitled", for the words "and 68 of the Administration Act" there shall be substituted the words "of the Administration Act and section 27 of the Social Security Act 1997"; and

(b) after the definition of "Old Cases payments" there shall be inserted the following definition-

""PAYE settlement agreement" has the same meaning as in section 206A of the Income and Corporation Taxes Act 1988;".

58. - (1) For subsection (1) of section 139 of that Act (awards by social fund officers) there shall be substituted the following subsection-

"(1) Whether a payment mentioned in section 138(1)(b) above is to be awarded, and how much it is to be, shall be determined by an appropriate officer, that is to say, an officer of the Secretary of State who, acting under his authority, is exercising functions of the Secretary of State in relation to payments so mentioned."

(2) In subsection (2) of that section, for the words "A social fund officer" there shall be substituted the words "An appropriate officer".

(3) Subsection (3) of that section shall cease to have effect.

(4) In subsection (4) of that section, for the words "that is repayable" there shall be substituted the words "of a crisis loan or a budgeting loan".

(5) In subsection (5) of that section, for the words "the social fund officer" there shall be substituted the words "the appropriate officer".

59. - (1) In subsection (1) of section 140 of that Act (principles of determination), for the words "a social fund officer" there shall be substituted the words "an appropriate officer".

(2) In subsection (2) of that section, for the words "A social fund officer" there shall be substituted the words "An appropriate officer".

(3) In subsection (3) of that section, for the words "a social fund officer or group of social fund officers" there shall be substituted the words "an appropriate officer or group of appropriate officers".

(4) In subsection (4) of that section-

(a) for the words "a social fund officer", in each place where they occur, there shall be substituted the words "an appropriate officer"; and

(b) for the words "social fund officers" there shall be substituted the words "appropriate officers".

(5) In subsection (5) of that section-

(a) for the words "a social fund officer" there shall be substituted the words "an appropriate officer"; and

(b) for the words "the social fund officer nominated for his area under section 64 of the Administration Act" there shall be substituted the words "the appropriate officer nominated for his area under section 36 of the Social Security Act 1997".

60. In subsection (2) of section 171E of that Act (incapacity for work: disqualification etc.), for the words "Part II of the Administration Act" there shall be substituted the words "Chapter II of Part I of the Social Security Act 1997".

61. - (1) In the heading to Schedule 1 to that Act (supplementary provisions relating to contributions of Classes 1, 1A, 2 and 3), after "1A," there shall be inserted "1B,".

(2) For paragraph 5 of that Schedule there shall be substituted the following paragraph-

	"Class 1A contributions
	5. Regulations may-
	(a) make provision for calculating the amount of Class 1A contributions so as to avoid fractional amounts;
	(b) modify section 10 above in relation to cases where a car is made available by reason of two or more employed earner's employments under different employers."

(3) After that paragraph there shall be inserted the following paragraph-

	"Class 1B contributions
	5A. Regulations may make provision for calculating the amount of Class 1B contributions so as to avoid fractional amounts."

(4) In sub-paragraph (1) of paragraph 6 of that Schedule, for paragraph (a) there shall be substituted the following paragraph-

"(a) provide for Class 1, Class 1A, Class 1B or Class 2 contributions to be paid, accounted for and recovered in a similar manner to income tax in relation to which regulations under section 203 of the Income and Corporation Taxes Act 1988 (PAYE) have effect;".

(5) In sub-paragraph (2) of that paragraph-

(a) for the words "or Class 1A", in each place where they occur, there shall be substituted the words ", Class 1A or Class 1B"; and

(b) in paragraph (b), the words "(being not less than one year after the end of the tax year in respect of which the sums are due)" shall cease to have effect.

(6) After sub-paragraph (4) of that paragraph there shall be inserted the following sub-paragraph-

"(4A) Regulations under this paragraph shall not require the payment of interest on a sum due in respect of a Class 1B contribution if a relevant tax appeal has been brought but not finally determined; and "a relevant tax appeal" means an appeal against a determination as to the amount of income tax in respect of which the person liable to pay the Class 1B contribution is accountable in accordance with the relevant PAYE settlement agreement."

(7) In sub-paragraph (11)(a) of paragraph 7 of that Schedule, for the words "and Class 1A" there shall be substituted the words ", Class 1A and Class 1B".

(8) For sub-paragraph (12) of that paragraph there shall be substituted the following sub-paragraph-

	"(12) A penalty under section 98A of that Act as it applies by virtue of this paragraph shall not be imposed where-
	(a) a decision relating to contributions falls to be made under section 9, 10, 11, 13, 15 or 16 of the Social Security Act 1997, and has not yet been made; and
	(b) the decision will affect a person's liability for the penalty, or the amount of it."

(9) In paragraph (b) of sub-paragraph (1) of paragraph 8 of that Schedule, after the words "Class 1A" there shall be inserted the words "or Class 1B".

(10) After paragraph (i) of that sub-paragraph there shall be inserted the following paragraph-

"(ia) for the repayment, in prescribed cases, of the whole or a prescribed part of a Class 1B contribution;".

(11) In paragraph (l) of that sub-paragraph-

(a) in sub-paragraph (i), after the words "Class 1A contributions" there shall be inserted the words "or a Class 1B contribution";

(b) in sub-paragraph (ii), after the words "Class 1 contributions" there shall be inserted the words ", a Class 1B contribution";

"(iia) the whole or part of any payment of a Class 1B contribution to be treated as a payment of secondary Class 1 contributions, Class 1A contributions or Class 2 contributions;"; and

(d) in sub-paragraph (iii), for the words "or Class 1A contributions" there shall be substituted the words ", Class 1A contributions or a Class 1B contribution".

Social Security Administration Act 1992 (c.5)

62. In subsection (2) of section 3 of the Administration Act (late claims for widowhood benefit where death is difficult to establish), for paragraph (a) there shall be substituted the following paragraph-

"(a) in any case falling within paragraph (b)(i) of subsection (1) above, where it has been decided under section 9 of the Social Security Act 1997 that the husband has died or is presumed to have died; or".

63. In section 5 of that Act (regulations about claims for and payments of benefit), paragraphs (n) and (o) of subsection (1) and subsection (4) shall cease to have effect.

64. In subsection (1) of section 6 of that Act (regulations about council tax benefit administration), paragraphs (n) and (o) shall cease to have effect.

65. - (1) At the beginning of subsection (3) of section 66 of that Act (reviews) there shall be inserted the words "Subject to subsection (3A) below,".

(2) After that subsection there shall be inserted the following subsection-

"(3A) A 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."

(3) For subsection (6) of that section there shall be substituted the following subsection-

	"(6) In determining a question on a review a social fund officer or social fund inspector shall, subject to subsection (7) below, have regard to whichever of the following are applicable, namely-
	(a) 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;
	(b) the criteria mentioned in paragraphs (a) and (b) of subsection (1A) of that section; and
	(c) the criteria specified in directions issued by the Secretary of State under that subsection."

66. - (1) In subsection (5) of section 71 of that Act (overpayments: general)-

(a) in paragraph (a), for the words "revised on a review" there shall be substituted the words "has been revised under section 10 or superseded under section 11 of the Social Security Act 1997";

(b) in paragraph (b), for the word "review" there shall be substituted the words "under that section".

(2) In subsection (5A) of that section, for the words "revised on a review" there shall be substituted the words "has been revised under section 10 or superseded under section 11 of the Social Security Act 1997".

67. In subsection (1) of section 71A of that Act (recovery of jobseeker's allowance: severe hardship cases)-

(a) for the words "an adjudication officer", in both places where they occur, there shall be substituted the words "the Secretary of State"; and

(b) for the words "the Secretary of State" there shall be substituted the word "he".

68. In section 116 of that Act (legal proceedings), subsection (6) shall cease to have effect.

69. For section 117 of that Act there shall be substituted the following section-

"Issues arising in proceedings.	117. - (1) This section applies to proceedings before a court-
	(a) for an offence under this Act or the Jobseekers Act 1995; or
	(b) involving any question as to the payment of contributions (other than a Class 4 contribution recoverable by the Inland Revenue); or
	(c) for the recovery of any sums due to the Secretary of State or the National Insurance Fund.
	(2) A decision of the Secretary of State which-
	(a) falls within Part II of Schedule 3 to the Social Security Act 1997 ("the 1997 Act"); and
	(b) relates to or affects an issue arising in the proceedings,
	shall be conclusive for the purposes of the proceedings.
	(3) If-
	(a) any such decision is necessary for the determination of the proceedings; and
	(b) the decision of the Secretary of State has not been obtained or an application with respect to the decision has been made under section 10 or 11 of the 1997 Act,
	the decision shall be referred to the Secretary of State to be made in accordance (subject to any necessary modifications) with Chapter II of Part I of that Act.
	(4) Subsection (2) above does not apply where, in relation to the decision-
	(a) an appeal has been brought but not determined;
	(b) an application for leave to appeal has been made but not determined;
	(c) an appeal has not been brought (or, as the case may be, an application for leave to appeal has not been made) but the time for doing so has not yet expired; or
	(d) an application has been made under section 10 or 11 of the 1997 Act.
	(5) In a case falling within subsection (4) above the court shall adjourn the proceedings until such time as the final decision is known; and that decision shall be conclusive for the purposes of the proceedings."

70. Subsection (2) of section 119 of that Act (recovery of unpaid contributions on prosecution) shall cease to have effect.

71. - (1) In subsection (1) of section 120 of that Act (proof of previous offences), the words "or (2)(a)" shall cease to have effect.

(2) In subsection (3) of that section, after the words "Class 1A" there shall be inserted the words "or Class 1B".

(3) In subsection (4) of that section, after the words "Class 1" there shall be inserted the words "or Class 1B".

(4) After that subsection there shall be inserted the following subsection-

"(4A) If the offence is one of failure to pay a Class 1B contribution, evidence may be given of failure on his part to pay such contributions, or any Class 1 or Class 1A contributions or contributions equivalent premiums, on the date of the offence, or during the 2 years preceding that date."

(5) In subsection (5) of that section, paragraph (b) and the word "or" immediately preceding that paragraph shall cease to have effect.

(6) In subsection (6) of that section, after the word "(4)," there shall be inserted the word "(4A)".

72. In subsections (1) and (2) of section 121 of that Act (unpaid contributions: supplementary), the words "or (2)(a)" shall cease to have effect.

73. In subsection (6A) of section 123 of that Act (unauthorised disclosure of information relating to particular persons), for the words "section 54 above" there shall be substituted the words "section 20 of the Social Security Act 1997".

74. In subsection (1) of section 125 of that Act (regulations as to notification of deaths), after the words "the Social Security (Recovery of Benefits) Act 1997" there shall be inserted the words ", the Social Security Act 1997".

75. In section 144 of that Act (supplementary provisions about orders under section 143), after "143", in each place where it occurs, including the sidenote, there shall be inserted the words "or 143A".

76. In subsection (2) of section 159 of that Act (effect of alteration in the component rates of income support), for the words "an adjudication officer" there shall be substituted the words "the Secretary of State".

77. In subsection (3) of section 159A of that Act (effect of alteration of rates of a jobseeker's allowance), for the words "an adjudication officer" there shall be substituted the words "the Secretary of State".

78. In subsection (2) of section 160 of that Act (implementation of increases in income support due to attainment of particular ages), for the words "an adjudication officer" there shall be substituted the words "the Secretary of State".

79. In subsection (2) of section 160A of that Act (implementation of increases in income-based jobseeker's allowance due to attainment of particular ages), for the words "an adjudication officer" there shall be substituted the words "the Secretary of State".

80. - (1) After subsection (2) of section 162 of that Act (destination of contributions) there shall be inserted the following subsection-

"(2A) References in subsections (1) and (2) above to contributions include references to payments on account of contributions made in accordance with regulations under section 3(5) of the Contributions and Benefits Act (payments on account of directors' contributions)."

(2) After subsection (4) of that section there shall be inserted the following subsection-

"(4A) The sums recovered by the Secretary of State under regulations made under paragraph 7A, 7B or 7C of Schedule 1 to the Contributions and Benefits Act in respect of interest or penalties shall be paid into the National Insurance Fund."

(3) In subsection (8)(b) of that section, after the words "paragraph (c)" there shall be inserted the words "or (ca)".

81. - (1) In subsection (4) of section 163 of that Act (general financial arrangements), after the words "Class 1A" there shall be inserted the words "or 1B".

(2) In subsection (5) of that section, after the words "paragraph 6" there shall be inserted the words "or 7B".

82. In subsection (5)(a) of section 164 of that Act (destination of payments etc.), for the words "section 62(2)(b) above" there shall be substituted the words "section 32(2) of the Social Security Act 1997".

83. - (1) In subsection (1) of section 166 of that Act (financial review and report), in paragraph (d), for the words "so far as it relates" there shall be substituted the words "and Chapter II of Part I of the Social Security Act 1997 so far as they relate".

(2) In subsection (2) of that section, in paragraph (c), for the words "so far as it relates" there shall be substituted the words "and Chapter II of Part I of the Social Security Act 1997 so far as they relate".

84. - (1) In subsection (3)(a) of section 168 of that Act (allocations from social fund), for the words "a particular social fund officer or group of social fund officers" there shall be substituted the words "a particular appropriate officer or group of appropriate officers".

(2) In subsection (5) of that section, for the words "social fund officers", in each place where they occur, there shall be substituted the words "appropriate officers".

(3) After that subsection there shall be inserted the following subsection-

"(6) In this section "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 payments from the social fund such as are mentioned in section 138(1)(b) of the Contributions and Benefits Act."

85. In subsection (5) of section 170 of that Act (the Social Security Advisory Committee)-

(a) in the definition of "the relevant enactments", after paragraph (ac) there shall be inserted the following paragraph-

"(ad) the provisions of Chapter II of Part I of the Social Security Act 1997;"; and

(b) in the definition of "the relevant Northern Ireland enactments", after paragraph (ac) there shall be inserted the following paragraph-

"(ad) any provisions in Northern Ireland which correspond to provisions of Chapter II of Part I of the Social Security Act 1997;"

86. In subsection (5) of section 177 of that Act (co-ordination with Northern Ireland)-

(a) in paragraph (a), after the words "Jobseekers Act 1995" there shall be inserted the words ", Chapter II of Part I of the Social Security Act 1997".

(b) in paragraph (b), after the words "Jobseekers Act 1995" there shall be inserted the words ", any enactment in Northern Ireland corresponding to Chapter II of Part I of the Social Security Act 1997".

87. - (1) In subsection (1) of section 178 of that Act (reciprocal arrangements with Northern Ireland: income-related benefits and child benefit), after the words "Jobseekers Act 1995" there shall be inserted the words ", Chapter II of Part I of the Social Security Act 1997".

(2) In subsection (3) of that section, after the words "Jobseekers Act 1995", in each place where they occur, there shall be inserted the words ", Chapter II of Part I of the Social Security Act 1997".

88. - (1) In subsection (3)(a) of section 179 of that Act (reciprocal agreements with countries outside the United Kingdom), after the words "Jobseekers Act 1995" there shall be inserted the words ", Chapter II of Part I of the Social Security Act 1997".

(2) After subsection (4)(aa) of that section there shall be inserted the following paragraph-

"(ab) to Chapter II of Part I of the Social Security Act 1997; and".

89. In section 180 of that Act (payment of travelling expenses by Secretary of State)-

(a) in paragraph (a), after the words "the Social Security (Recovery of Benefits) Act 1997" there shall be inserted the words ", Chapter II of Part I of the Social Security Act 1997"; and

(b) in paragraph (b)(i), after the words "the Social Security (Recovery of Benefits) Act 1997" there shall be inserted the words ", Chapter II of Part I of the Social Security Act 1997".

90. In section 189 of that Act (regulations and orders: general), the following shall cease to have effect, namely-

(a) in subsection (1), the words "subsection (2) below and to";

(b) subsection (2);

(d) in subsection (5), the words "(other than the power conferred by section 24 above)";

(e) in subsection (6), the word "24,"; and

(f) subsection (10).

91. - (1) In subsection (1)(a) of section 190 of that Act (instruments containing provisions under certain provisions to be subject to the affirmative Parliamentary procedure), after "143," there shall be inserted "143A,".

(2) Subsection (4) of that section shall cease to have effect.

92. In section 191 of that Act (interpretation)-

(a) the definitions of "Commissioner", "the disablement questions", "5 year general qualification", "President" and "10 year general qualification" shall cease to have effect; and

(b) in the definition of "claimant" (in relation to industrial injuries benefit), for the words "section 44 above" there shall be substituted the words "section 29 of the Social Security Act 1997".

93. In subsection (5) of section 192 of that Act (short title, commencement and extent), the words "section 24;" shall cease to have effect.

94. In Part I of Schedule 4 to that Act (persons employed in social security administration or adjudication)-

"Adjudication officers"

"Adjudicating bodies"

"The Social Fund"

"Former officers"

	" A Chief Adjudication Officer.
	An adjudication officer.
	A social fund officer.
	A clerk to, or other officer or member of the staff of, the former social security appeal tribunal, the former disability appeal tribunal or the former medical appeal tribunal."

95. - (1) In Part I of Schedule 7 to that Act (regulations not requiring prior submission to Social Security Advisory Committee), in paragraph 3(a), for the words "section 141, 143 or 145 above" there shall be substituted the words "section 141, 143, 143A or 145 above".

(2) In Part II of that Schedule (regulations not requiring prior submission to Industrial Injuries Advisory Council), in paragraph 12, for the words "section 141, 143 or 150 above" there shall be substituted the words "section 141, 143, 143A or 150 above".

96. In paragraph 1(6) of Schedule 9 to that Act (old cases payments administration), after the words "this Act" there shall be inserted the words ", Chapter II of Part I of the Social Security Act 1997".

97. - (1) In sub-paragraph (1) of paragraph 3 of Schedule 10 to that Act (supplementary benefit), for the words "Sections 20 to 29, 36 to 43, 51 to 61" there shall be substituted the words "Sections 9 to 19, 29 to 31 and 39 of the Social Security Act 1997".

(2) In sub-paragraph (2) of that paragraph, for the words "section 59 above" there shall be substituted the words "section 17 of the Social Security Act 1997".

Tribunals and Inquiries Act 1992 (c.53)

98. - (1) In subsection (3) of section 6 of the Tribunals and Inquiries Act 1992 (appointment of chairmen of certain tribunals), for the words "paragraph 7, 38(a), 41(a), (b), (c) or (e) or 43" there shall be substituted the words "paragraph 7(b) or 38(a)".

(2) Subsection (4) of that section shall cease to have effect.

99. In subsection (2) of section 7 of that Act (concurrence required for removal of members of certain tribunals), for "43, 48 or 56(a)" there shall be substituted "48 or 56(a)".

100. In subsection (5) of section 13 of that Act (power to apply Act to additional tribunals and to repeal or amend certain provisions)-

(a) in paragraph (a), for "35(a) and (d)" there shall be substituted "35(d)"; and

(b) paragraph (b) shall cease to have effect.

101. - (1) In paragraph 7 of Schedule 1 to that Act (tribunals under direct supervision of Council)-

(a) in sub-paragraph (a), for the words "established under section 21 of the Child Support Act 1991 (c.48)" there shall be substituted the words "constituted under Chapter I of Part I of the Social Security Act 1997 (c.00)"; and

(b) in paragraph (b), for the words "that Act" there shall be substituted the words "the Child Support Act 1991 (c.48)".

(2) In paragraph 41 of that Schedule-

(a) in sub-paragraph (a), for the words "section 41 of the Social Security Administration Act 1992 (c.5)" there shall be substituted the words "Chapter I of Part I of the Social Security Act 1997 (c.00)";

(b) sub-paragraphs (b), (c) and (e) shall cease to have effect; and

(c) in sub-paragraph (d), for the words "section 52 of that Act" there shall be substituted the words "Schedule 4 to the Social Security Act 1997 (c.00)".

102. - (1) Paragraph 3 of Schedule 2 to that Act (transitory provisions) shall cease to have effect.

(2) In paragraph 4 of that Schedule-

(a) in sub-paragraph (a), for the words "1(a), 2(a) or 3(a)" there shall be substituted the words "1(a) or 2(a)"; and

(b) in sub-paragraph (b), for the words "1(b), 2(b) or 3(b)" there shall be substituted the words "1(b) or 2(b)" and for the words "1(a), 2(a) or 3(a)" there shall be substituted the words "1(a) or 2(a)".

Judicial Pensions and Retirement Act 1993 (c.8)

103. - (1) In Part II of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (other appointments)-

(a) in the entry relating to the Chief or other Social Security Commissioner, for the words "section 52(2) of the Social Security and Administration Act 1992" there shall be substituted the words "paragraph 1(2) of Schedule 4 to the Social Security Act 1997"; and

(b) for the entry relating to the President of social security appeal tribunals, medical appeal tribunals, disability appeal tribunals and child support appeal tribunals there shall be substituted the following entry-

" President of appeal tribunals (within the meaning of Chapter I of Part I of the Social Security Act 1997), appointed under section 5 of that Act".

(2) In that Part of that Schedule, the following entries shall cease to have effect, namely-

	" Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals; and
	Chairman of child support appeal tribunals".

104. - (1) In Schedule 5 to that Act (retirement provisions: the relevant offices)-

(a) in the entry relating to the Chief or other Social Security Commissioner, for the words "section 52(2) of the Social Security Administration Act 1992" there shall be substituted the words "paragraph 1(2) of Schedule 4 to the Social Security Act 1997"; and

" President of appeal tribunals (within the meaning of Chapter I of Part I of the Social Security Act 1997) appointed under section 5 of that Act".

(2) In that Schedule, the following entries shall cease to have effect, namely-

"Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals";

"Chairman of child support appeal tribunals"; and

"Chairman of vaccine damage tribunals".

105. In paragraph 5(5) of Schedule 7 to that Act (ascertainment of potential retirement date), sub-paragraphs (iii) and (iv) shall cease to have effect.

Pension Schemes Act 1993 (c.48)

106. In subsection (6)(c) of section 158 of the Pension Schemes Act 1993, for the words "sections 17 to 62 of the Social Security Administration Act 1992" there shall be substituted the words "Chapter II of Part I of the Social Security Act 1997".

107. - (1) In subsection (3) of section 167 of that Act (application of general provisions relating to administration of social security), for the words "Section 58 of that Act (regulations as to determination of questions and matters arising out of, or pending, reviews and appeals)" there shall be substituted the words "Section 12 of the Social Security Act 1997 (regulations with respect to decisions)".

(2) Subsection (4) of that section shall cease to have effect.

108. For section 170 of that Act there shall be substituted the following section-

"Decisions to be made by Secretary of State.	170. - (1) Sections 9, 10 and 11 of the Social Security Act 1997 (decisions by the Secretary of State, revision of decisions and decisions superseding earlier decisions) apply as if, for the purposes of section 9(1)(c) of that Act, the decisions mentioned in subsection (2) fell to be made under or by virtue of a relevant enactment.
	(2) Those decisions are-
	(a) a decision as to the amount of a person's guaranteed minimum for the purposes of section 13 or 17;
	(b) a decision-
	(i) whether a contributions equivalent premium is payable or has been paid in any case;
	(ii) as to the amount of any such premium; or
	(iii) otherwise falling to be made in connection with any contributions equivalent premium;
	(c) a decision whether, for the purposes of this Act, a cash sum paid or an alternative arrangement made under the Policyholders Protection Act 1975 provides the whole or any part of the guaranteed minimum pension to which an earner or an earner's widow or widower was entitled under a contracted-out scheme;
	(d) a decision falling to be made in connection with minimum contributions or payments under section 7 of the Social Security Act 1986;
	(e) a decision-
	(i) whether an employment is (or is to be treated as) contracted-out employment for the purposes of this Act; or
	(ii) as to the persons in relation to whom, or the period for which, an employment is (or is to be treated as) such employment for the purposes of that Act.
	(3) The Secretary of State may make any decision mentioned in subsection (2)(c) on such basis as he considers appropriate.
	(4) Regulations may make provision-
	(a) with respect to the procedure to be adopted on any application made under section 10 or 11 of that Act by virtue of subsection (1); and
	(b) generally with respect to such applications, and revisions under section 10 and decisions under section 11,
	but may not prevent such a revision or decision being made without such an application."

109. - (1) In subsection (1) of section 171 of that Act (questions arising in proceedings), for the words from "any such question" to "Secretary of State" there shall be substituted the words "any decision such as is mentioned in section 170(2) is made by the Secretary of State, the decision".

(2) For subsections (2) and (3) of that section there shall be substituted the following subsections-

	"(2) If-
	(a) any such decision is necessary for the determination of the proceedings; and
	(b) the decision of the Secretary of State has not been obtained or an application with respect to the decision has been made under section 10 or 11 of the Social Security Act 1997,
	the decision shall be referred to the Secretary of State to be made in accordance (subject to any necessary modifications) with Chapter II of Part I of that Act.
	(3) Subsection (1) does not apply where, in relation to the decision-
	(a) an appeal has been brought but not determined;
	(b) an application for leave to appeal has been made but not determined;
	(c) an appeal has not been brought (or, as the case may be, an application for leave to appeal has not been made) but the time for doing so has not yet expired; or
	(d) an application has been made under section 10 or 11 of that Act.
	(4) In a case falling within subsection (3) the court shall adjourn the proceedings until such time as the final decision is known; and that decision shall be conclusive for the purposes of the proceedings."

Jobseekers Act 1995 (c.18)

110. In subsection (8) of section 6 of the Jobseekers Act (availability for employment), for the words "an adjudication officer" there shall be substituted the words "the Secretary of State".

111. - (1) In subsection (6) of section 9 of that Act (the jobseeker's agreement), for the words "an adjudication officer" there shall be substituted the words "the Secretary of State".

(2) In subsection (7) of that section-

(a) for the words "An adjudication officer to whom a reference is made under subsection (6)" there shall be substituted the words "On a reference under subsection (6) the Secretary of State"; and

(b) for the words "the adjudication officer" there shall be substituted the words "the Secretary of State".

(3) In subsection (8) of that section, for the words "an adjudication officer", in each place where they occur, there shall be substituted the words "the Secretary of State".

(4) Subsection (9) of that section shall cease to have effect.

112. - (1) In subsection (5) of section 10 of that Act (variation of jobseeker's agreement), for the words "an adjudication officer" there shall be substituted the words "the Secretary of State".

(2) In subsection (6) of that section, for the words "An adjudication officer to whom a reference is made under subsection (5)" there shall be substituted the words "On a reference under subsection (5) the Secretary of State".

(3) In subsection (7) of that section, for the words "an adjudication officer", in each place where they occur, there shall be substituted the words "the Secretary of State".

(4) Subsection (8) of that section shall cease to have effect.

113. Section 11 of that Act (jobseeker's agreement: reviews and appeals) shall cease to have effect.

114. - (1) In subsection (3) of section 19 of that Act (circumstances in which a jobseeker's allowance is not payable), for the words "the adjudication officer" there shall be substituted the words "the Secretary of State".

(2) In subsection (4) of that section, for the words "an adjudication officer" there shall be substituted the words "the Secretary of State".

115. In subsections (1) and (2) of section 31 of that Act (termination of awards), for the words "an adjudication officer" there shall be substituted the words "the Secretary of State".

116. In subsection (1) of section 35 of that Act (interpretation)-

(a) the definition of "adjudication officer" shall cease to have effect; and

(b) in the definition of "entitled", for the words "sections 1 and 68 of the Administration Act" there shall be substituted the words "section 1 of the Administration Act and section 27 of the Social Security Act 1997".

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

117. - (1) In subsection (1) of section 12 of the Social Security (Recovery of Benefits) Act 1997 (reference of questions to medical appeal tribunal), for the words "a medical appeal tribunal" there shall be substituted the words "an appeal tribunal".

(2) In subsection (4) of that section, for the words "a medical appeal tribunal" there shall be substituted the words "an appeal tribunal".

(3) The following shall cease to have effect, namely-

(a) subsection (6) of that section;

(b) in subsection (7) of that section, the words "under subsection (6)(b)"; and

118. - (1) In subsection (1) of section 13 of that Act (appeal to social security Commissioner), for the words "a medical appeal tribunal" there shall be substituted the words "an appeal tribunal".

(2) In subsection (3) of that section, for the words "Subsections (7) to (10) of section 23 of the Social Security Administration Act 1992" there shall be substituted the words "Subsections (7) to (11) of section 15 of the Social Security Act 1997".

(3) Subsection (4) of that section shall cease to have effect.

119. After section 22 of that Act there shall be inserted the following section-

"Matters arising as respects decisions.	22A. Regulations may make provision as respects matters arising-
	(a) pending any decision under this Act of the Secretary of State, an appeal tribunal or a Commissioner which relates to a certificate of recoverable benefits; or
	(b) out of the revision on appeal of any decision under this Act on any such certificate."

120. In section 29 of that Act (general interpretation)-

(a) before the definition of "benefit" there shall be inserted the following definition-

""appeal tribunal" means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1997;"; and

(b) after the definition of "benefit" there shall be inserted the following definition-

""Commissioner" has the same meaning as in Chapter II of Part I of the Social Security Act 1997 (see section 39);".

Prepared 10 July 1997