Social Security Bill

Social Security Bill - continued	House of Commons

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	PART I
	DECISIONS AND APPEALS
	CHAPTER I
	GENERAL
	Decisions
Transfer of functions to Secretary of State.	1. The following functions are hereby transferred to the Secretary of State, namely-
	(a) the functions of adjudication officers appointed under section 38 of the Social Security Administration Act 1992 ("the Administration Act");
	(b) the functions of social fund officers appointed under section 64 of that Act; and
	(c) the functions of child support officers appointed under section 13 of the Child Support Act 1991 ("the Child Support Act").
Use of computers.	2. - (1) Any decision, determination or assessment falling to be made by the Secretary of State under a relevant enactment, or in relation to a war pension, may be made not only by an officer of his acting under his authority but also-
	(a) by a computer for whose operation such an officer is responsible; and
	(b) in the case of a decision, determination or assessment that may be made by a person providing services to the Secretary of State, by a computer for whose operation such a person is responsible.
	(2) In this section "relevant enactment" means any enactment contained in-
	(a) Chapter II of this Part;
	(b) the Social Security Contributions and Benefits Act 1992 ("the Contributions and Benefits Act");
	(c) the Administration Act;
	(d) the Child Support Act;
	(e) the Social Security (Incapacity for Work) Act 1994;
	(f) the Jobseekers Act 1995 ("the Jobseekers Act"); or
	(g) the Social Security (Recovery of Benefits) Act 1997.
	(3) In this section and section 3 below "war pension" has the same meaning as in section 25 of the Social Security Act 1989 (establishment and functions of war pensions committees).
Use of information.	3. - (1) Subsection (2) below applies to information relating to social security, child support or war pensions which is held-
	(a) by the Secretary of State or the Northern Ireland Department; or
	(b) by a person providing services to the Secretary of State or the Northern Ireland Department in connection with the provision of those services.
	(2) Information to which this subsection applies-
	(a) may be used for the purposes of, or for any purposes connected with, the exercise of functions in relation to social security, child support or war pensions; and
	(b) may be supplied to, or to a person providing services to, the Secretary of State or the Northern Ireland Department for use for those purposes.
	(3) The following sections, namely-
	(a) section 122C of the Administration Act (supply of information to authorities administering benefit); and
	(b) section 122D of that Act (supply of information by authorities administering benefit),
	shall each have effect as if the reference in subsection (1) to social security included references to child support and war pensions.
	(4) In this section "the Northern Ireland Department" means the Department of Health and Social Services for Northern Ireland.
	Appeals
Unified appeal tribunals.	4. - (1) Subject to the provisions of this Act-
	(a) the functions of social security appeal tribunals, disability appeal tribunals and medical appeal tribunals constituted under Part II of the Administration Act;
	(b) the functions of child support appeal tribunals established under section 21 of the Child Support Act; and
	(c) the functions of vaccine damage tribunals established by regulations made under section 4 of the Vaccine Damage Payments Act 1979 ("the Vaccine Damage Payments Act"),
	are hereby transferred to appeal tribunals constituted under the following provisions of this Chapter.
	(2) Accordingly appeals under-
	(a) section 13 below;
	(b) section 20 of the Child Support Act, as substituted by section 42 below; and
	(c) section 4 of the Vaccine Damage Payments Act, as substituted by section 46 below,
	shall be determined by appeal tribunals so constituted (in the following provisions of this Chapter referred to as "appeal tribunals").
President of appeal tribunals.	5. - (1) The Lord Chancellor may, after consultation with the Lord Advocate, appoint a President of appeal tribunals.
	(2) A person is qualified to be appointed President if-
	(a) he has a 10 year general qualification (construed in accordance with section 71 of the Courts and Legal Services Act 1990); or
	(b) he is an advocate or solicitor in Scotland of at least 10 years' standing.
	(3) Schedule 1 to this Act shall have effect for supplementing this section.
Panel for appointment to appeal tribunals: England and Wales.	6. - (1) The Lord Chancellor shall constitute for England and Wales a panel of persons to act as members of appeal tribunals.
	(2) Subject to subsection (3) below, the panel shall be composed of such persons as the Lord Chancellor thinks fit to appoint after consultation, in the case of medical practitioners, with the Chief Medical Officer.
	(3) The panel shall include persons possessing such qualifications as may be prescribed by regulations made with the concurrence of the Lord Chancellor.
	(4) The numbers of persons appointed to the panel, and the terms and conditions of their appointments, shall be determined by the Lord Chancellor with the consent of the Secretary of State.
	(5) A person may be removed from the panel by the Lord Chancellor on the ground of incapacity or misbehaviour.
Panel for appointment to appeal tribunals: Scotland.	7. - (1) The Lord Advocate shall constitute for Scotland a panel of persons to act as members of appeal tribunals.
	(2) Subject to subsection (3) below, the panel shall be composed of such persons as the Lord Advocate thinks fit to appoint after consultation-
	(a) except in the case of medical practitioners, with the Lord President of the Court of Session;
	(b) in the case of such practitioners, with the Chief Medical Officer for Scotland.
	(3) The panel shall include persons possessing such qualifications as may be prescribed by regulations made with the concurrence of the Lord Advocate.
	(4) The numbers of persons appointed to the panel, and the terms and conditions of their appointments, shall be determined by the Lord Advocate with the consent of the Secretary of State.
	(5) A person may be removed from the panel by the Lord Advocate on the ground of incapacity or misbehaviour.
Constitution of appeal tribunals.	8. - (1) An appeal tribunal shall consist of a member drawn by the President from the appropriate panel, sitting either alone or with one or two other members so drawn.
	(2) Where an appeal tribunal has more than one member-
	(a) the President shall nominate one of the members as chairman;
	(b) decisions shall be taken by a majority of votes; and
	(c) unless regulations otherwise provide, the chairman shall have any casting vote.
	(3) Regulations may make provision with respect to-
	(a) the composition of appeal tribunals;
	(b) the procedure to be followed on appeals to and in other proceedings before such tribunals; and
	(c) the procedure to be followed in allocating cases among differently constituted tribunals.
	(4) Where it appears to an appeal tribunal that a matter before it involves a question of fact of special difficulty, then, unless regulations otherwise provide, the tribunal may require one or more experts to provide assistance to it in dealing with the question.
	(5) In this section-
	"the appropriate panel" means, in relation to England and Wales, the panel constituted under section 6 above and, in relation to Scotland, the panel constituted under section 7 above;
	"expert" means a member of either panel who appears to the appeal tribunal concerned to have knowledge or experience which would be relevant in determining the question of fact of special difficulty.
	(6) Schedule 1 to this Act shall have effect for supplementing this section.
	CHAPTER II
	SOCIAL SECURITY DECISIONS AND APPEALS
	Decisions
Decisions by Secretary of State.	9. - (1) Subject to the provisions of this Chapter, it shall be for the Secretary of State-
	(a) to decide any claim for a relevant benefit;
	(b) to decide any claim for a social fund payment mentioned in section 138(1)(b) of the Contributions and Benefits Act;
	(c) to make any decision that falls to be made under or by virtue of a relevant enactment; and
	(d) subject to and in accordance with regulations, to decide any issue arising as to, or in connection with, entitlement to statutory sick pay or statutory maternity pay.
	(2) In this Chapter "relevant benefit", subject to section 22(4) below, means any of the following, namely-
	(a) benefit under Parts II to V of the Contributions and Benefits Act;
	(b) a jobseeker's allowance;
	(c) income support;
	(d) family credit;
	(e) disability working allowance;
	(f) a social fund payment mentioned in section 138(1)(a) of the Contributions and Benefits Act;
	(g) child benefit;
	(h) such other benefit as may be prescribed.
	(3) In this section "relevant enactment" means any enactment contained in this Chapter, the Contributions and Benefits Act, the Administration Act, the Jobseekers Act or the Social Security (Recovery of Benefits) Act 1997, other than one contained in-
	(a) Part VII of the Contributions and Benefits Act so far as relating to housing benefit and council tax benefit;
	(b) Part VIII of the Administration Act (arrangements for housing benefit and council tax benefit and related subsidies).
Revision of decisions.	10. - (1) Subject to section 36(3) below, any decision of the Secretary of State under section 9 above or section 11 below may be revised by the Secretary of State-
	(a) either within the prescribed period or in prescribed cases or circumstances; and
	(b) either on an application made for the purpose or on his own initiative;
	and regulations may prescribe the procedure by which a decision of the Secretary of State may be so revised.
	(2) In making a decision under subsection (1) above, the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.
	(3) Subject to subsections (4) and (5) and section 27 below, a revision under this section shall take effect as from the date on which the original decision took (or was to take) effect.
	(4) Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed.
	(5) Where a decision is revised under this section, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.
	(6) Except in prescribed circumstances, an appeal against a decision of the Secretary of State shall lapse if the decision is revised under this section before the appeal is determined.
Decisions superseding earlier decisions.	11. - (1) Subject to subsection (3) and section 36(3) below, the following, namely-
	(a) any decision of the Secretary of State under section 9 above or this section, whether as originally made or as revised under section 10 above; and
	(b) any decision under this Chapter of an appeal tribunal or a Commissioner,
	may be superseded by a decision made by the Secretary of State, either on an application made for the purpose or on his own initiative.
	(2) In making a decision under subsection (1) above, the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.
	(3) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this section.
	(4) Subject to subsection (5) and section 27 below, a decision under this section shall take effect as from the date on which it is made or, where applicable, the date on which the application was made.
	(5) Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed.
Regulations with respect to decisions.	12. - (1) Subject to the provisions of this Chapter and the Administration Act, provision may be made by regulations for the making of any decision by the Secretary of State under or in connection with the current legislation, or the former legislation, including a decision on a claim for benefit.
	(2) It is hereby declared for the avoidance of doubt that the power to make regulations under subsection (1) above includes power to make regulations for the determination of any issue arising as to the total or partial recoupment of a jobseeker's allowance or unemployment benefit in pursuance of regulations under section 16 of the Industrial Tribunals Act 1996 (including any decision as to the amount of benefit).
	(3) Where it appears to the Secretary of State that a matter before him involves a question of fact requiring special expertise, then, unless regulations otherwise provide, he may direct that in dealing with that matter he shall have the assistance of one or more experts.
	(4) In this section-
	"the current legislation" means the Contributions and Benefits Act, the Jobseekers Act and the Social Security (Recovery of Benefits) Act 1997;
	"expert" means a person appearing to the Secretary of State to have knowledge or experience which would be relevant in determining the question of fact requiring special expertise;
	"the former legislation" means the National Insurance Acts 1965 to 1974, the National Insurance (Industrial Injuries) Acts 1965 to 1974, the Social Security Act 1975 and Part II of the Social Security Act 1986.
	Appeals
Appeal to appeal tribunal.	13. - (1) This section applies to any decision of the Secretary of State under section 9 or 11 above (whether as originally made or as revised under section 10 above) which-
	(a) is made on a claim for, or on an award of, a relevant benefit, and does not fall within Schedule 2 to this Act;
	(b) is made otherwise than on such a claim or award, and falls within Schedule 3 to this Act; or
	(c) relates to statutory sick pay or statutory maternity pay.
	(2) In the case of a decision to which this section applies-
	(a) if it relates to statutory sick pay or statutory maternity pay, the employee and employer concerned shall each have a right to appeal to an appeal tribunal; and
	(b) in any other case, the claimant and such other person as may be prescribed shall have a right to do so;
	but nothing in this subsection shall confer a right of appeal in prescribed circumstances.
	(3) Where the Secretary of State has determined that any amount is recoverable under or by virtue of section 71 or 74 of the Administration Act, any person from whom he has determined that it is recoverable shall have the same right of appeal to an appeal tribunal as a claimant.
	(4) In any case where-
	(a) the Secretary of State has made a decision in relation to a claim under Part V of the Contributions and Benefits Act; and
	(b) the entitlement to benefit under that Part of that Act of any person other than the claimant is or may be, under Part VI of Schedule 7 to that Act, affected by that decision,
	that other person shall have the same right of appeal to an appeal tribunal as the claimant.
	(5) A person with a right of appeal under this section shall be given such notice of a decision to which this section applies and of that right as may be prescribed.
	(6) Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought.
	(7) In deciding an appeal under this section, an appeal tribunal need not consider any issue that is not raised by the appeal.
Redetermination etc. of appeals by tribunal.	14. - (1) This section applies where an application is made to a person under section 15(10)(a) below for leave to appeal from a decision of an appeal tribunal.
	(2) If the person considers that the decision was erroneous in point of law, he shall set aside the decision and refer the case either for redetermination by the tribunal or for determination by a differently constituted tribunal.
	(3) If-
	(a) the person does not consider that the decision was erroneous in point of law; but
	(b) each of the principal parties to the case expresses the view that the decision was so erroneous,
	the person shall set aside the decision and refer the case for determination by a differently constituted tribunal.
	(4) In this section and section 15 below "principal parties" means-
	(a) in a case relating to statutory sick pay or statutory maternity pay, the persons mentioned in subsection (2)(a), (b) and (c) of that section;
	(b) in any other case-
	(i) the persons mentioned in subsection (3)(a) and (b) of that section; 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.
Appeal from tribunal to Commissioner.	15. - (1) Subject to the provisions of this section, an appeal lies to a Commissioner from any decision of an appeal tribunal under section 13 or 14 above on the ground that the decision of the tribunal was erroneous in point of law.
	(2) In the case of statutory sick pay or statutory maternity pay an appeal lies under this section at the instance of any of the following-
	(a) the Secretary of State;
	(b) the employee concerned;
	(c) the employer concerned;
	(d) a trade union, where-
	(i) the employee is a member of the union at the time of the appeal and was so immediately before the matter in question arose; or
	(ii) the matter in question concerns the entitlement of a deceased person who was at the time of his death a member of the union; and
	(e) an association of employers of which the employer is a member at the time of the appeal and was so immediately before the matter in question arose.
	(3) In any other case an appeal lies under this section at the instance of any of the following-
	(a) the Secretary of State;
	(b) the claimant and such other person as may be prescribed;
	(c) in any of the cases mentioned in subsection (5) below, a trade union; and
	(d) a person from whom it is determined that any amount is recoverable under or by virtue of section 71 or 74 of the Administration Act.
	(4) In a case relating to industrial injuries benefit an appeal lies under this section at the instance of a person whose entitlement to benefit is, or may be, under Part VI of Schedule 7 to the Contributions and Benefits Act, affected by the decision appealed against, as well as at the instance of any person or body such as is mentioned in subsection (3) above.
	(5) The following are the cases in which an appeal lies at the instance of a trade union-
	(a) where the claimant is a member of the union at the time of the appeal and was so immediately before the matter in question arose;
	(b) where that matter in any way relates to a deceased person who was a member of the union at the time of his death;
	(c) where the case relates to industrial injuries benefit and the claimant or, in relation to industrial death benefit, the deceased, was a member of the union at the time of the relevant accident.
	(6) Subsections (2), (3) and (5) above, as they apply to a trade union, apply also to any other association which exists to promote the interests and welfare of its members.
	(7) 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.
	(8) Where the Commissioner holds that the decision appealed against was erroneous in point of law, he shall set it aside and-
	(a) he shall have power-
	(i) to give the decision which he considers the tribunal should have given, if he can do so without making fresh or further findings of fact; or
	(ii) if he considers it expedient, to make such findings and to give such decision as he considers appropriate in the light of them; and
	(b) in any other case he shall refer the case to a tribunal with directions for its determination.
	(9) Subject to any direction of the Commissioner, a reference under subsection (7) or (8)(b) above shall be to a differently constituted tribunal.
	(10) No appeal lies under this section without the leave-
	(a) of the person who constituted, or was the chairman of, the tribunal when the decision was given or, in a prescribed case, the leave of such other person as may be prescribed; or
	(b) subject to and in accordance with regulations, of a Commissioner.
	(11) The Lord Chancellor may by regulations make provision as to the manner in which, and the time within which, appeals are to be brought and applications made for leave to appeal.
	Where the Lord Chancellor proposes to exercise the power conferred on him by this subsection, it shall be his duty to consult the Lord Advocate with respect to the proposal.
	(12) Schedule 4 to this Act shall have effect with respect to the appointment, remuneration and tenure of office of Commissioners and other matters relating to them.

Prepared 10 July 1997