Social Security Bill

Social Security Bill - continued	House of Commons

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PART IV

SUPPLEMENTAL

Regulations and orders.

75. - (1) Subject to sections 15(11) and 16(6) above and paragraph 6 of Schedule 4 to this Act, regulations under this Act shall be made by the Secretary of State.

(2) Powers under this Act to make regulations or orders are exercisable by statutory instrument.

(3) A statutory instrument which contains regulations under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Any power conferred by this Act to make regulations or orders may be exercised-

(a) either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;

(b) so as to make, as respects the cases in relation to which it is exercised-

(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise);

(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act;

(iii) any such provision either unconditionally or subject to any specified condition;

and where such a power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.

(5) Powers to make regulations for the purposes of any one provision of this Act are without prejudice to powers to make regulations for the purposes of any other provision.

(6) Without prejudice to any specific provision in this Act, a power conferred by this Act to make regulations includes power to make thereby such incidental, supplementary, consequential or transitional provision as appears to the authority making the regulations to be expedient for the purposes of those regulations.

(7) Without prejudice to any specific provisions in this Act, a power conferred by any provision of this Act to make regulations includes power to provide for a person to exercise a discretion in dealing with any matter.

(8) Any power conferred by this Act to make regulations relating to housing benefit or council tax benefit shall include power to make different provision for different areas or different authorities.

Financial provisions.

76. - (1) There shall be paid out of money provided by Parliament-

(a) any expenditure incurred by the Secretary of State or the Lord Chancellor under or by virtue of this Act; and

(b) any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.

(2) There shall be paid out of or into the Consolidated Fund any increase attributable to this Act in the sums which under any other Act are payable out of or into that Fund.

Transitory provisions.

77. - (1) In relation to any time before the commencement of section 9(2) above, section 21 of the Administration Act (decision of adjudication officer) shall have effect as if after subsection (6) there were inserted the following subsection-

	"(7) Where at any time a claim for a benefit to which section 20 above applies is decided by an adjudication officer or by a social security appeal tribunal on a reference by such an officer-
	(a) the claim shall not be regarded as subsisting after that time; and
	(b) accordingly, the claimant shall not (without making a further claim) be entitled to the benefit on the basis of circumstances not obtaining at that time."

(2) In relation to any time before the commencement of section 13(7)(b) above, the Administration Act shall have effect as if-

(a) after subsection (7) of section 22 (appeal to social security appeal tribunal) there were inserted the following subsection-

"(8) In deciding an appeal under this section, a social security appeal tribunal shall not take into account any circumstances not obtaining at the time when the decision appealed against was made."; and

(b) after subsection (6) of section 33 (appeals following reviews) there were inserted the following subsection-

"(7) The tribunal shall not take into account any circumstances not obtaining at the time when the decision appealed against was made."

(3) In relation to any time before the commencement of section 15(7) above, the Administration Act shall have effect as if-

(a) after subsection (6) of section 23 (appeal from social security appeal tribunal to Commissioner) there were inserted the following subsection-

{d2} In this subsection "principal parties" means-

	"(6A) If each of the principal parties to the appeal expresses the view that the decision appealed against was erroneous in point of law, the Commissioner shall set aside the decision and refer the case to a tribunal with directions for its determination.
	(a) in a case relating to statutory sick pay or statutory maternity pay, the persons mentioned in subsection (2)(a), (b) and (c) above;
	(b) in any other case-
	(i) the persons mentioned in subsection (3)(a) and (b) above; and
	(ii) where applicable, the person mentioned in subsection (3)(d) and such a person as is first mentioned in subsection (4) of that section.";

(b) in subsection (8) of that section, for the words "subsection (7)(b) above" there were substituted the words "subsection (6A) or (7)(b) above";

(c) in subsection (4) of section 34 (appeal from social security appeal tribunals or disability appeal tribunals to Commissioners etc.), for the words "(7) to (10) of section 23" there were substituted the words "(6A) to (10) of section 23";

(d) after subsection (4) of section 48 (appeal etc. on question of law to Commissioner) there were inserted the following subsection-

{d2} In this subsection "principal parties" means the persons mentioned in subsection (1)(a), (b) and (d) above."; and

"(4A) If each of the principal parties to the appeal expresses the view that the decision appealed against was erroneous in point of law, the Commissioner shall set aside the decision and refer the case to a medical appeal tribunal with directions for its determination.

(e) in subsection (6) of that section, for the words "subsection (5) above" there were substituted the words "subsection (4A) or (5) above".

(4) In relation to any time before the commencement of section 22(2)(d) above, section 5(1) of the Administration Act (regulations about claims for and payments of benefits) shall have effect as if after paragraph (n) there were inserted the following paragraph-

"(nn) for suspending payment, in whole or in part, where 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 in the case itself ought to be revised;".

(5) In relation to any time before the commencement of section 42 above, section 20 of the Child Support Act (appeals) shall have effect as if after subsection (4) there were inserted the following subsection-

"(5) In deciding an appeal under this section, the tribunal shall not take into account any circumstances not obtaining at the time when the decision appealed against was made."

Interpretation: general.

78. In this Act-

"the Administration Act" means the Social Security Administration Act 1992;

"the Child Support Act" means the Child Support Act 1991;

"the Contributions and Benefits Act" means the Social Security Contributions and Benefits Act 1992;

"the Jobseekers Act" means the Jobseekers Act 1995;

"the Vaccine Damage Payments Act" means the Vaccine Damage Payments Act 1979;

"prescribe" means prescribe by regulations.

Provision for Northern Ireland.

79. An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to those of this Act-

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Minor and consequential amendments and repeals.

80. - (1) The enactments mentioned in Schedule 6 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

(2) The enactments mentioned in Schedule 7 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule.

Short title, commencement and extent.

81. - (1) This Act may be cited as the Social Security Act 1998.

(2) This Act, except sections 50, 65, 70 and 75 to 77 and this section, shall come into force on such day as may be appointed by order made by the Secretary of State; and different days may be appointed for different provisions and for different purposes.

(3) An order under subsection (2) above may make such savings, or such transitional or consequential provision, as the Secretary of State considers necessary or expedient-

(a) in preparation for or in connection with the coming into force of any provision of this Act; or

(b) in connection with the operation of any enactment repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

(4) This Act, except-

(a) sections 3, 16, 45 to 47, 58 and 79 and this section; and

(b) section 80 and Schedules 6 and 7 so far as they relate to enactments which extend to Northern Ireland,

does not extend to Northern Ireland.

(5) The following provisions of this Act extend to the Isle of Man, namely-

(a) in section 4, subsections (1)(c) and (2)(c);

(b) sections 6 and 8 and Schedule 1 so far as relating to appeals under the Vaccine Damage Payments Act;

(d) paragraphs 5 to 9 of Schedule 6 and section 80(1) so far as relating to those paragraphs; and

(e) section 80(2) and Schedule 7 so far as relating to the Vaccine Damage Payments Act.

Prepared 27 November 1997