Social Security Bill

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

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	Cases of error
Restrictions on entitlement to benefit in certain cases of error.	27. - (1) This section applies where-
	(a) the effect of the determination, whenever made, of an appeal to a 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 section, fall to be so made)-
	(i) by the Secretary of State, an appeal tribunal, a Commissioner or a court in relation to a claim for benefit;
	(ii) by the Secretary of State as to whether to revise, under section 10 above, a decision as to a person's entitlement to benefit; or
	(iii) by the Secretary of State on an application made under section 11 above for a decision as to a person's entitlement to benefit to be superseded.
	(2) In so far as the decision relates to a person's entitlement to a benefit in respect of-
	(a) a period before the date of the relevant determination; or
	(b) in the case of a widow's payment, a death occurring before that date,
	it shall be made as if the adjudicating authority's decision had been found by the Commissioner or court not to have been erroneous in point of law.
	(3) In deciding whether a person is entitled to benefit in a case where his entitlement depends on his having been entitled to the same or some other benefit before attaining a particular age, subsection (2) above shall be disregarded for the purpose only of deciding whether he was so entitled before attaining that age.
	(4) Subsection (1)(a) above shall be read as including a case where-
	(a) the effect of the relevant determination is that part or all of a purported regulation or order is invalid; and
	(b) the error of law made by the adjudicating authority was to act on the basis that the purported regulation or order (or the part held to be invalid) was valid.
	(5) In this section-
	"adjudicating authority" means-
	(a) the Secretary of State;
	(b) any former officer, tribunal or body; or
	(c) any officer, tribunal or body in Northern Ireland corresponding to a former officer, tribunal or body;
	"benefit" means-
	(a) benefit under Parts II to V of the Contributions and Benefits Act, other than Old Cases payments;
	(b) benefit under Part II of the Social Security Act 1975 (in respect of a period before 1st July 1992 but not before 6th April 1975);
	(c) benefit under the National Insurance Act 1946 or 1965, or the National Insurance (Industrial Injuries) Act 1946 or 1965 (in respect of a period before 6th April 1975);
	(d) a jobseeker's allowance;
	(e) any benefit corresponding to a benefit mentioned in paragraphs (a) to (d) above; and
	(f) any income-related benefit;
	"the court" means the High Court, the Court of Appeal, the Court of Session, the High Court or Court of Appeal in Northern Ireland, the House of Lords or the Court of Justice of the European Community; and
	"former officer, tribunal or body" means any of the following, that is to say-
	(a) an adjudication officer or, in the case of a decision given on a reference under section 21(2) or 25(1) of the Administration Act, a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal;
	(b) an adjudicating medical practitioner appointed under section 49 of that Act or a specially qualified adjudicating medical practitioner appointed in accordance with regulations under section 62(2) of that Act; or
	(c) the National Assistance Board, the Supplementary Benefits Commission, the Attendance Allowance Board, a benefit officer, an insurance officer or a supplement officer.
	(6) For the purposes of this section, any reference to entitlement to benefit includes a reference to entitlement-
	(a) to any increase in the rate of a benefit; or
	(b) to a benefit, or increase of benefit, at a particular rate.
	(7) The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this section in accordance with any regulations made for that purpose.
	(8) Regulations made under subsection (7) above may include provision-
	(a) for a determination of a higher court to be treated as if it had been made on the date of a determination of a lower court or a Commissioner; or
	(b) for a determination of a lower court or a Commissioner to be treated as if it had been made on the date of a determination of a higher court.
Correction of errors and setting aside of decisions.	28. - (1) Regulations may make provision with respect to-
	(a) the correction of accidental errors in any decision or record of a decision made under any relevant enactment; and
	(b) the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that-
	(i) a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party's representative or was not received at an appropriate time by the body or person who gave the decision; or
	(ii) a party to the proceedings or a party's representative was not present at a hearing related to the proceedings.
	(2) Nothing in subsection (1) above shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from regulations made by virtue of that subsection.
	(3) In this section "relevant enactment" means any enactment contained in-
	(a) this Chapter;
	(b) the Contributions and Benefits Act;
	(c) the Pension Schemes Act 1993;
	(d) the Jobseekers Act; or
	(e) the Social Security (Recovery of Benefits) Act 1997.
	Industrial accidents
Decision that accident is an industrial accident.	29. - (1) Where, in connection with any claim for industrial injuries benefit, it is decided that the relevant accident was or was not an industrial accident-
	(a) an express declaration of that fact shall be made and recorded; and
	(b) subject to subsection (3) below, a claimant shall be entitled to have the issue whether the relevant accident was an industrial accident decided notwithstanding that his claim is disallowed on other grounds.
	(2) Subject to subsection (3) and section 30 below, any person suffering personal injury by accident shall be entitled, if he claims the accident was an industrial accident-
	(a) to have that issue decided; and
	(b) to have a declaration made and recorded accordingly,
	notwithstanding that no claim for benefit has been made in connection with which the issue arises; and this Chapter shall apply for that purpose as if the issue had arisen in connection with a claim for benefit.
	(3) The Secretary of State, an appeal tribunal or a Commissioner (as the case may be) may refuse to decide the issue whether an accident was an industrial accident if satisfied that it is unlikely to be necessary to decide the issue for the purposes of any claim for benefit; and this Chapter shall apply as if any such refusal were a decision on the issue.
	(4) Subject to sections 10 to 16 above, any declaration under this section that an accident was or was not an industrial accident shall be conclusive for the purposes of any claim for industrial injuries benefit in respect of that accident.
	(5) Where subsection (4) above applies-
	(a) in relation to a death occurring before 11th April 1988; or
	(b) for the purposes of section 60(2) of the Contributions and Benefits Act,
	it shall have effect as if at the end there were added the words "whether or not the claimant is the person at whose instance the declaration was made".
	(6) For the purposes of this section (but subject to section 30 below), an accident whereby a person suffers personal injury shall be deemed, in relation to him, to be an industrial accident if-
	(a) it arises out of and in the course of his employment;
	(b) that employment is employed earner's employment for the purposes of Part V of the Contributions and Benefits Act; and
	(c) payment of benefit is not under section 94(5) of that Act precluded because the accident happened while he was outside Great Britain.
	(7) A decision under this section shall be final except that sections 10 and 11 above apply to a decision under this section that an accident was or was not an industrial accident as they apply to a decision under section 9 above if, but only if, the Secretary of State is satisfied that the decision under this section was given in consequence of any wilful non-disclosure or misrepresentation of a material fact.
Effect of decision.	30. - (1) A decision (given under subsection (2) of section 29 above or otherwise) that an accident was an industrial accident is to be taken as determining only that paragraphs (a), (b) and (c) of subsection (6) of that section are satisfied in relation to the accident.
	(2) Subject to subsections (3) and (4) below, no such decision is to be taken as importing a decision as to the origin of any injury or disability suffered by the claimant, whether or not there is an event identifiable as an accident apart from any injury that may have been received.
	(3) A decision that, on a particular occasion when there was no event so identifiable, a person had an industrial accident by reason of an injury shall be treated as a decision that, if the injury was suffered by accident on that occasion, the accident was an industrial accident.
	(4) A decision that an accident was an industrial accident may be given, and a declaration to that effect be made and recorded in accordance with section 29 above, without its having been found that personal injury resulted from the accident.
	(5) Subsection (4) above has effect subject to the discretion under section 29(3) above to refuse to decide the issue if it is unlikely to be necessary for the purposes of a claim for benefit.
	Other special cases
Incapacity for work.	31. - (1) Regulations may provide that a determination that a person is disqualified for any period in accordance with regulations under section 171E of the Contributions and Benefits Act shall have effect for such purposes as may be prescribed as a determination that he is to be treated as capable of work for that period, and vice versa.
	(2) Provision may be made by regulations for matters of such descriptions as may be prescribed to be determined by the Secretary of State, notwithstanding that other matters fall to be determined by another authority.
	(3) Nothing in this section shall be taken to prejudice the generality of the power conferred by section 18(2) above.
Industrial diseases.	32. Regulations shall provide for applying the provisions of this Chapter, subject to any prescribed additions or modifications, in relation to decisions made or falling to be made under sections 108 to 110 of the Contributions and Benefits Act.
Christmas bonus.	33. - (1) A decision by the Secretary of State that a person is entitled or not entitled to payment of a qualifying benefit in respect of a period which includes a day in the relevant week shall be conclusive for the purposes of section 148 of the Contributions and Benefits Act.
	(2) In this section, expressions to which a meaning is assigned by section 150 of that Act have that meaning.
	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.
	(5) Regulations may make provision as respects matters arising out of the revision on review of such determinations.
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;
	(c) an appeal is pending to a court in relation to the determination of the claim; or
	(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 is pending to a court in England and Wales in relation to a determination if-
	(a) an application, or a renewed application, for leave to apply for judicial review of the determination has been made but not determined;
	(b) such leave has been granted but the application for judicial review has not been determined;
	(c) an appeal has been brought (or an application has been made for leave to appeal) against an order made on a judicial review of the determination, and the appeal (or application) has not been determined; or
	(d) in such circumstances as may be prescribed, the time for making an application or appeal such as is mentioned in paragraph (a) or (c) above has not yet expired.
	(4) For the purposes of subsection (2) above, an appeal is pending to a court in Scotland in relation to a determination if-
	(a) an application to the supervisory jurisdiction of the Court of Session has been made in respect of the determination and the application has not been determined;
	(b) an appeal has been brought against an order made on such an application and the appeal has not been determined;
	(c) in such circumstances as may be prescribed, an application such as is mentioned in paragraph (a) above has not been made in respect of the determination and a period prescribed for the purposes of this section for making such an application has not expired; or
	(d) in such circumstances as may be prescribed, the time for making an appeal such as is mentioned in paragraph (b) above 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.

Prepared 27 November 1997