Social Security Bill

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

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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	(a) any decision of the Secretary of State under section 9 above or this section, whether as originally made or as revised under section 10 above; and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	may be superseded by a decision made by the Secretary of State, either on an application made for the purpose or on his own initiative.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-
	(a) need not consider any issue that is not raised by the appeal; and
	(b) shall not take into account any circumstances not obtaining at the time when the decision appealed against was made.
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 may 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.
Appeal from Commissioner on point of law.	16. - (1) Subject to subsections (2) and (3) below, an appeal on a question of law shall lie to the appropriate court from any decision of a Commissioner.
	(2) No appeal under this section shall lie from a decision except-
	(a) with the leave of the Commissioner who gave the decision or, in a prescribed case, with the leave of a Commissioner selected in accordance with regulations; or
	(b) if he refuses leave, with the leave of the appropriate court.
	(3) An application for leave under this section in respect of a Commissioner's decision may only be made by-
	(a) a person who, before the proceedings before the Commissioner were begun, was entitled to appeal to the Commissioner from the decision to which the Commissioner's decision relates;
	(b) any other person who was a party to the proceedings in which the first decision mentioned in paragraph (a) above was given;
	(c) any other person who is authorised by regulations to apply for leave;
	and regulations may make provision with respect to the manner in which and the time within which applications must be made to a Commissioner for leave under this section and with respect to the procedure for dealing with such applications.
	(4) On an application to a Commissioner for leave under this section it shall be the duty of the Commissioner to specify as the appropriate court-
	(a) the Court of Appeal if it appears to him that the relevant place is in England or Wales;
	(b) the Court of Session if it appears to him that the relevant place is in Scotland; and
	(c) the Court of Appeal in Northern Ireland if it appears to him that the relevant place is in Northern Ireland,
	except that if it appears to him, having regard to the circumstances of the case and in particular to the convenience of the persons who may be parties to the proposed appeal, that he should specify a different court mentioned in paragraphs (a) to (c) above as the appropriate court, it shall be his duty to specify that court as the appropriate court.
	(5) In this section-
	"the appropriate court", except in subsection (4) above, means the court specified in pursuance of that subsection;
	"the relevant place", in relation to an application for leave to appeal from a decision of a Commissioner, means the premises where the person or authority whose decision was the subject of the Commissioner's decision usually exercises his or its functions.
	(6) Any power to make regulations conferred by this section shall be exercisable by the Lord Chancellor.
	Where the Lord Chancellor proposes to exercise any such power, it shall be his duty to consult the Lord Advocate with respect to the proposal.
	Procedure etc.
Procedure.	17. - (1) Regulations ("procedure regulations") may make any such provision as is specified in Schedule 5 to this Act.
	(2) Procedure regulations prescribing the procedure to be followed in cases before a Commissioner shall provide that any hearing shall be in public except in so far as the Commissioner for special reasons otherwise directs.
	(3) It is hereby declared-
	(a) that the power to prescribe procedure includes power to make provision as to the representation of one person, at any hearing of a case, by another person whether having professional qualifications or not; and
	(b) that the power to provide for the procedure to be followed in connection with the making of decisions by the Secretary of State includes power to make provision with respect to the formulation of the matters to be decided, whether on a reference under section 117 of the Administration Act or otherwise.
	(4) Subsection (5) below applies to any issue-
	(a) as to whether a Class 1A contribution is payable, or otherwise relating to a Class 1A contribution; or
	(b) relating to emoluments in respect of which a Class 1A contribution would be payable but for section 10(8A) of the Contributions and Benefits Act;
	and in that subsection, in relation to such an issue, "the relevant person" means the person who is liable or alleged to be liable, or (as the case may be) who would be liable or who it is alleged would be liable, to pay the Class 1A contribution in question.
	(5) In proceedings for the determination of an issue to which this subsection applies-
	(a) in England and Wales, there shall be available to a witness (other than the relevant person) any privilege against self-incrimination or incrimination of a spouse which is available to a witness in legal proceedings; and
	(b) in Scotland, section 3 of the Evidence (Scotland) Act 1853 (competence and compellability of witnesses) shall apply as it applies to civil proceedings except that the relevant person shall have no privilege against self-incrimination.
	(6) If it appears to a Commissioner that a matter before him involves a question of fact of special difficulty, he may direct that in dealing with that matter he shall have the assistance of one or more experts.
	In this subsection "expert" means a person appearing to the Commissioner to have knowledge or experience which would be relevant in determining the question of fact of special difficulty.
	(7) If it appears to the Chief Commissioner (or, in the case of his inability to act, to such other of the Commissioners as he may have nominated to act for the purpose) that an appeal falling to be heard by one of the Commissioners involves a question of law of special difficulty, he may direct that the appeal be dealt with, not by that Commissioner alone, but by a tribunal consisting of any three or more of the Commissioners.
	If the decision of the tribunal is not unanimous, the decision of the majority shall be the decision of the tribunal.
	(8) Except so far as it may be applied in relation to England and Wales by procedure regulations, Part I of the Arbitration Act 1996 shall not apply to any proceedings under this Chapter.

Prepared 27 November 1997