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| 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.
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(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.
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| Matters arising as respects decisions. |
19. - (1) Regulations may make provision as respects matters arising-
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(a) pending any decision under this Chapter of the Secretary of State, an appeal tribunal or a Commissioner which relates to- |
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(i) any claim for a relevant benefit;
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(ii) any person's entitlement to such a benefit or its receipt;
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(iii) statutory sick pay or statutory maternity pay; or
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(iv) any person's liability for contributions; or
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(b) out of the revision under section 10 above or on appeal of any such decision. |
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(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.
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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-
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(a) in respect of whom the claim is made; or |
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(b) whose entitlement is at issue, |
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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.
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(2) Subsection (3) below applies where-
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(a) the Secretary of State has exercised the power conferred on him by subsection (1) above; and |
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(b) the medical practitioner requests the person referred to him to attend for or submit himself to medical examination. |
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(3) If the person fails without good cause to comply with the request, the Secretary of State shall make the decision against him.
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| 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.
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(2) An eligible person may, if prescribed conditions are satisfied, refer the person-
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(a) in respect of whom the claim is made; or |
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(b) whose entitlement is at issue, |
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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.
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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.
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(3) At a hearing before an appeal tribunal, except in prescribed cases or circumstances, the tribunal-
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(a) may not carry out a physical examination of the person mentioned in subsection (2) above; and |
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(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. |
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Suspension etc. of benefit |
| Suspension in prescribed circumstances. |
22. - (1) Regulations may provide for-
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(a) suspending payments of a relevant benefit, in whole or in part, in prescribed circumstances; |
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(b) the subsequent making in prescribed circumstances of any or all of the payments so suspended. |
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(2) Regulations made under subsection (1) above may, in particular, make provision for any case where-
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(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; |
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(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); |
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(c) an appeal is pending against a decision of an appeal tribunal, a Commissioner or a court; or |
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(d) an appeal is pending against the decision given in a different case by 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. |
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(3) For the purposes of subsection (2) above, an appeal against a decision is pending if-
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(a) an appeal against the decision has been brought but not determined; |
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(b) an application for leave to appeal against the decision has been made but not determined; or |
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(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. |
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(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.
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| 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.
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(2) Regulations may provide for-
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(a) suspending payments of a relevant benefit, in whole or in part; |
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(b) the subsequent making in prescribed circumstances of any or all of the payments so suspended. |
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(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.
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(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.
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| Suspension and termination for failure to submit to medical examination. |
24. Regulations may make provision-
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(a) enabling the Secretary of State to require a person to whom a relevant benefit has been awarded to submit to medical examination; |
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(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; |
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(c) for the subsequent making in prescribed circumstances of any or all of the payments so suspended; |
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(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. |
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Decisions and appeals dependent on other cases |
| Decisions involving issues that arise on appeal in other cases. |
25. - (1) This section applies where-
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(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 |
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(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). |
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(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.
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(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-
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(a) he need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending; |
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(b) he may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed. |
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(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.
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(5) For the purposes of this section, an appeal against a decision is pending if-
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(a) an appeal against the decision has been brought but not determined; |
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(b) an application for leave to appeal against the decision has been made but not determined; or |
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(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. |
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(6) In paragraphs (a), (b) and (c) of subsection (5) above, any reference to an appeal, or an application for leave to appeal, against a decision includes a reference to-
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(a) an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or |
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(b) an application to the supervisory jurisdiction of the Court of Session in respect of the decision. |
| Appeals involving issues that arise on appeal in other cases. |
26. - (1) This section applies where-
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(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 |
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(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). |
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(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-
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(a) not to determine appeal A but to refer it to him; or |
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(b) to deal with the appeal in accordance with subsection (4) below. |
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(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-
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(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 |
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(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. |
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(4) Where appeal A is to be dealt with in accordance with this subsection, the appeal tribunal or Commissioner shall either-
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(a) stay appeal A until appeal B is determined; or |
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(b) if the tribunal or Commissioner considers it to be in the interests of the appellant to do so, determine appeal A as if- |
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(i) appeal B had already been determined; and
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(ii) the issues arising on appeal B had been decided in the way that was most unfavourable to the appellant.
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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.
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(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.
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(6) For the purposes of this section, an appeal against a decision is pending if-
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(a) an appeal against the decision has been brought but not determined; |
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(b) an application for leave to appeal against the decision has been made but not determined; or |
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(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. |
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(7) In this section-
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(a) the reference in subsection (1)(a) above to an appeal to a Commissioner includes a reference to an application for leave to appeal to a Commissioner; and |
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(b) any reference in paragraph (a), (b) or (c) of subsection (6) above to an appeal, or to an application for leave to appeal, against a decision includes a reference to- |
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(i) an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or
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(ii) an application to the supervisory jurisdiction of the Court of Session in respect of the decision.
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(8) Regulations may make provision supplementing that made by this section.
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