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 1998".

(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".

(3) In that Part of that Schedule there shall be inserted at the appropriate places the following entries-

Member of a panel of persons appointed under section 6 or 7 of the Social Security Act 1998";

"President of appeal tribunals (within the meaning of Chapter I of Part I of the Social Security Act 1998) 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 section 14 of that Act (information required by Secretary of State), the following shall cease to have effect, namely-

(a) subsections (2) and (2A); and

(b) in subsection (3), the words "or by child support officers".

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) Subsection (1A) of that section shall cease to have effect.

(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."

Prepared 27 November 1997