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| | 30. In subsections (1) and (3) of section 28D of that Act (determination of applications), for the words "a child support appeal tribunal" there shall be substituted the words "an appeal tribunal".
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| | 31. In subsection (6) of section 28F of that Act (departure directions), for the words "a child support officer to make" there shall be substituted the words "the making of".
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| | 32. Subsection (1) of section 28G of that Act (effect and duration of departure directions) shall cease to have effect.
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| | 33. For section 28H of that Act there shall be substituted the following section-
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| "Departure directions: decisions and appeals. |
28H. Schedule 4C shall have effect for applying sections 16, 17, 20 and 28ZA to 28ZC to decisions with respect to departure directions."
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| | 34. In subsection (1) of section 44 of that Act (jurisdiction), for the words "A child support officer" there shall be substituted the words "The Secretary of State".
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| | 35. - (1) In subsection (1) of section 45 of that Act (jurisdiction of courts in certain proceedings under this Act), for the words "a child support appeal tribunal" there shall be substituted the words "an appeal tribunal".
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(2) In subsection (6) of that section, for the words "child support appeal tribunals" there shall be substituted the words "appeal tribunals".
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| | 36. - (1) In subsection (2) of section 46 of that Act (failure to comply with obligations imposed by section 6), for the words "A child support officer" there shall be substituted the words "The Secretary of State".
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(2) In subsections (3) to (6) of that section, for the words "the child support officer" there shall be substituted the words "the Secretary of State".
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(3) For subsections (7) and (8) of that section there shall be substituted the following subsection-
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"(7) Schedule 4C shall have effect for applying sections 16, 17, 20 and 28ZA to 28ZC to decisions with respect to reduced benefit directions."
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(4) In subsection (11) of that section, in the definition of "reduced benefit direction", the words ", binding on the adjudication officer," shall cease to have effect.
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| | 37. After section 46 of that Act there shall be inserted the following section-
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| "Matters arising as respects decisions. |
46A. - (1) Regulations may make provision as respects matters arising pending-
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(a) any decision of the Secretary of State under section 11, 12 or 17; |
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(b) any decision of an appeal tribunal under section 20; or |
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(c) any decision of a Child Support Commissioner under section 24. |
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(2) Regulations may also make provision as respects matters arising out of the revision under section 16, or on appeal, of any such decision as is mentioned in subsection (1).
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(3) Any reference in this section to section 16, 17 or 20 includes a reference to that section as extended by Schedule 4C."
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| | 38. In subsection (5) of section 50 of that Act (unauthorised disclosure of information), in paragraph (c), after the words "other officer of," there shall be inserted the words "an appeal tribunal or".
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| | 39. In section 54 of that Act (interpretation)-
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(a) the following definition shall be inserted in the appropriate place- |
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""appeal tribunal" means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998"; |
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(b) the definitions of "adjudication officer", "Chief Adjudication Officer", "Chief Child Support Officer", "child support appeal tribunal" and "child support officer" shall cease to have effect. |
| | 40. - (1) In paragraph 8 of Schedule 1 to that Act (housing costs), for the words "a child support officer" there shall be substituted the words "the Secretary of State".
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(2) In paragraph 9 of that Schedule (regulations about income and capital), for the words "the child support officer concerned" and the words "the child support officer" there shall be substituted the words "the Secretary of State".
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(3) In paragraph 13 of that Schedule (assessments where amount of child support is nil), for the words "A child support officer" there shall be substituted the words "The Secretary of State".
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(4) In paragraph 15 of that Schedule (separate assessments for different periods), for the words "a child support officer" there shall be substituted the words "the Secretary of State".
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(5) In paragraph 16 of that Schedule (termination of assessments)-
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(a) in sub-paragraphs (2) to (6) and (8), for the words "a child support officer", in each place where they occur, there shall be substituted the words "the Secretary of State"; |
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(b) in sub-paragraph (4A), for the words "conducting a review under section 16, 17, 18 or 19" there shall be substituted the words "proposing to make a decision under section 16 or 17" and for the words "complete the review" there shall be substituted the words "make the decision"; |
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(c) in sub-paragraph (7), for the words "the child support officer" there shall be substituted the words "the Secretary of State"; and |
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(d) in sub-paragraph (10), the words "or a child support officer" shall cease to have effect. |
| | 41. Paragraph 2 of Schedule 2 to that Act (local authority records) shall cease to have effect.
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| | 42. Schedule 3 to that Act (child support appeal tribunals) shall cease to have effect.
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| | 43. In paragraph 2A of Schedule 4 to that Act (Child Support Commissioners), for sub-paragraph (1) there shall be substituted the following sub-paragraph-
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"(1) The Lord Chancellor or, in Scotland, the Secretary of State may pay to any person who attends any proceedings before a Child Support Commissioner such travelling and other allowances as he may determine."
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| | 44. In paragraph 5(1) of Schedule 4 to that Act (Child Support Commissioners), after the words "any three" there shall be inserted the words "or more".
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| | 45. - (1) In paragraph 2 of Schedule 4A to that Act (applications for departure directions), for the words "a child support appeal tribunal" there shall be substituted the words "an appeal tribunal".
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(2) In paragraph 4(1) of that Schedule (information), the words "a child support officer or" shall cease to have effect.
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(3) Paragraph 6 of that Schedule (reviews and departure directions) shall cease to have effect.
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(4) In paragraph 8 of that Schedule (joint consideration of departure applications and appeals), for the words "A child support appeal tribunal" there shall be substituted the words "An appeal tribunal".
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(5) In paragraph 9 of that Schedule (child support appeal tribunals)-
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(a) in the heading, for the words "Child support appeal tribunals" there shall be substituted the words "Appeal tribunals"; |
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(b) in sub-paragraph (1), for the words "a child support appeal tribunal" there shall be substituted the words "an appeal tribunal". |
| | 46. After Schedule 4B to that Act there shall be inserted the following Schedule-
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"SCHEDULE 4C
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DECISIONS AND APPEALS: DEPARTURE DIRECTIONS AND REDUCED BENEFIT DIRECTIONS |
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Revision of decisions |
| | 1. Section 16 shall apply in relation to-
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(a) any decision of the Secretary of State with respect to a departure direction, or a reduced benefit direction; |
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(b) any decision of the Secretary of State under section 17 as extended by paragraph 2; and |
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(c) any decision of an appeal tribunal on a referral under section 28D(1)(b), |
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as it applies in relation to any decision of the Secretary of State under section 11, 12 or 17.
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Decisions superseding earlier decisions |
| | 2. - (1) Section 17 shall apply in relation to-
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(a) any decision of the Secretary of State with respect to a departure direction, or a reduced benefit direction; |
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(b) any decision of the Secretary of State under that section as extended by this subsection; and |
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(c) any decision of an appeal tribunal on a referral under section 28D(1)(b), |
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whether as originally made or as revised under section 16 as extended by paragraph 1, as it applies in relation to any decision of the Secretary of State under section 11, 12 or 17, whether as originally made or as revised under section 16.
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(2) Section 17 shall apply in relation to any decision of an appeal tribunal under section 20 as extended by paragraph 3 as it applies in relation to any decision of an appeal tribunal under section 20.
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Appeals to appeal tribunals |
| | 3. - (1) Section 20 shall apply-
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(a) in relation to a qualifying person who is aggrieved by any decision of the Secretary of State with respect to a departure direction; and |
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(b) in relation to any person who is aggrieved by a decision of the Secretary of State with respect to a reduced benefit direction, |
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as it applies in relation to a person whose application for a maintenance assessment is refused or to such a person as is mentioned in subsection (2) of that section.
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(2) In sub-paragraph (1) "qualifying person" means-
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(a) the person with care, or absent parent, with respect to whom the current assessment was made, or |
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(b) where the application for the current assessment was made under section 7, either of those persons or the child concerned. |
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Decisions and appeals dependent on other cases |
| | 4. - (1) Section 28ZA shall also apply where-
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(a) a decision falls to be made- |
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(i) with respect to a departure direction or a reduced benefit direction, by the Secretary of State; or
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(ii) with respect to a departure direction, by an appeal tribunal on a referral under section 28D(1)(b); and
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(b) an appeal is pending against a decision given with respect to a different direction by a Child Support Commissioner or a court. |
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(2) Section 28ZA as it applies by virtue of sub-paragraph (1) shall have effect as if the reference in subsection (3) to section 16 were a reference to that section as extended by paragraph 1.
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(3) Section 28ZA as it applies by virtue of sub-paragraph (1)(a)(ii) shall have effect as if-
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(i) for the words "the Secretary of State" there were substituted the words "the appeal tribunal"; and
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(ii) for the word "he", in both places where it occurs, there were substituted the word "it"; and
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(i) for the words "the Secretary of State" there were substituted the words "the appeal tribunal";
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(ii) for the word "he" there were substituted the words "the Secretary of State"; and
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(iii) for the word "his" there were substituted the words "the tribunal's".
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| | 5. - (1) Section 28ZB shall also apply where-
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(a) an appeal is made to an appeal tribunal under section 20 as extended by paragraph 3; and |
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(b) an appeal is pending against a decision given in a different case by a Child Support Commissioner or a court. |
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(2) Section 28ZB as it applies by virtue of sub-paragraph (1) shall have effect as if any reference to section 16 or section 17 were a reference to that section as extended by paragraph 1 or, as the case may be, paragraph 2.
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Cases of error |
| | 6. - (1) Section 28ZC shall also apply where-
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(a) the effect of the determination, whenever made, of an appeal to a Child Support 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 |
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(b) after the date of the relevant determination a decision falls to be made in accordance with that determination (or would, apart from this paragraph, fall to be so made)- |
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(i) by the Secretary of State, an appeal tribunal, a Child Support Commissioner or a court in relation to an application for a departure direction (made after the commencement date);
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(ii) by the Secretary of State as to whether to revise, under section 16 as extended by paragraph 1, a decision (made after the commencement date) in relation to a departure direction or a reduced benefit direction; or
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(iii) by the Secretary of State on an application made under section 17 as extended by paragraph 2 before the date of the relevant determination (but after the commencement date) for a decision in relation to a departure direction or a reduced benefit direction to be superseded.
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(2) Section 28ZC as it applies by virtue of sub-paragraph (1) shall have effect as if in subsection (4), in the definition of "adjudicating authority", at the end there were inserted the words "or, in the case of a decision made on a referral under section 28D(1)(b)), an appeal tribunal".
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(3) In this paragraph "adjudicating authority", "the commencement date" and "the court" have the same meanings as in section 28ZC."
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Social Security Contributions and Benefits Act 1992 (c.4) |
| | 47. - (1) In subsection (2) of section 1 of the Contributions and Benefits Act (outline of contributory system), for the word "five" there shall be substituted the word "six" and after paragraph (b) there shall be inserted the following paragraph-
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"(bb) Class 1B, payable under section 10A below by persons who are accountable to the Inland Revenue in respect of income tax on emoluments in accordance with a PAYE settlement agreement;". |
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(2) In subsection (4)(a) of that section after "1A," there shall be inserted "1B,".
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(3) In subsection (6) of that section, after the words "Class 1A", in both places where they occur, there shall be inserted the words ", Class 1B".
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