Social Security Bill - continued        House of Commons
SCHEDULE 4C, DECISIONS AND APPEALS: DEPARTURE DIRECTIONS AND REDUCED BENEFIT DIRECTIONS - continued
Social Security Administration Act 1992 (c.5) - continued

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{d3} "Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals"; and{d3} "Chairman of child support appeal tribunals".{d3} "Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals";{d3} "Chairman of child support appeal tribunals"; and{d3} "Chairman of vaccine damage tribunals".
 
     86. - (1) In subsection (3)(a) of section 168 of that Act (allocations from social fund), for the words "a particular social fund officer or group of social fund officers" there shall be substituted the words "a particular appropriate officer or group of appropriate officers".
 
      (2) In subsection (5) of that section, for the words "social fund officers", in each place where they occur, there shall be substituted the words "appropriate officers".
 
      (3) After that subsection there shall be inserted the following subsection-
 
 
    "(6) In this section "appropriate officer" means an officer of the Secretary of State who, acting under his authority, is exercising functions of the Secretary of State in relation to payments from the social fund such as are mentioned in section 138(1)(b) of the Contributions and Benefits Act."
 
     87. In subsection (5) of section 170 of that Act (the Social Security Advisory Committee)-
 
 
    (a) in the definition of "the relevant enactments", after paragraph (ac) there shall be inserted the following paragraph-
 
    "(ad) the provisions of Chapter II of Part I of the Social Security Act 1998 and section 70 of that Act;"; and
 
    (b) in the definition of "the relevant Northern Ireland enactments", after paragraph (ac) there shall be inserted the following paragraph-
 
    "(ad) any provisions in Northern Ireland which correspond to provisions of Chapter II of Part I of the Social Security Act 1998 and section 70 of that Act;"
     88. In subsection (5) of section 177 of that Act (co-ordination with Northern Ireland)-
 
 
    (a) in paragraph (a), after the words "Jobseekers Act 1995" there shall be inserted the words ", Chapter II of Part I of the Social Security Act 1998".
 
    (b) in paragraph (b), after the words "Jobseekers Act 1995" there shall be inserted the words ", any enactment in Northern Ireland corresponding to Chapter II of Part I of the Social Security Act 1998".
     89. - (1) In subsection (1) of section 178 of that Act (reciprocal arrangements with Northern Ireland: income-related benefits and child benefit), after the words "Jobseekers Act 1995" there shall be inserted the words ", Chapter II of Part I of the Social Security Act 1998".
 
      (2) In subsection (3) of that section, after the words "Jobseekers Act 1995", in each place where they occur, there shall be inserted the words ", Chapter II of Part I of the Social Security Act 1998".
 
     90. - (1) In subsection (3)(a) of section 179 of that Act (reciprocal agreements with countries outside the United Kingdom), after the words "Jobseekers Act 1995" there shall be inserted the words ", Chapter II of Part I of the Social Security Act 1998".
 
      (2) After subsection (4)(aa) of that section there shall be inserted the following paragraph-
 
 
    "(ab) to Chapter II of Part I of the Social Security Act 1998; and".
     91. In section 180 of that Act (payment of travelling expenses by Secretary of State)-
 
 
    (a) in paragraph (a), after the words "the Social Security (Recovery of Benefits) Act 1997" there shall be inserted the words ", Chapter II of Part I of the Social Security Act 1998"; and
 
    (b) in paragraph (b)(i), after the words "the Social Security (Recovery of Benefits) Act 1997" there shall be inserted the words ", Chapter II of Part I of the Social Security Act 1998".
     92. In section 189 of that Act (regulations and orders: general), the following shall cease to have effect, namely-
 
 
    (a) in subsection (1), the words "subsection (2) below and to";
 
    (b) subsection (2);
 
    (c) in subsection (4), the words "24 or";
 
    (d) in subsection (5), the words "(other than the power conferred by section 24 above)";
 
    (e) in subsection (6), the word "24,"; and
 
    (f) subsection (10).
     93. - (1) In subsection (1)(a) of section 190 of that Act (instruments containing provisions under certain provisions to be subject to the affirmative Parliamentary procedure), after "143," there shall be inserted "143A,".
 
      (2) Subsection (4) of that section shall cease to have effect.
 
     94. In section 191 of that Act (interpretation)-
 
 
    (a) the definitions of "Commissioner", "the disablement questions", "5 year general qualification", "President" and "10 year general qualification" shall cease to have effect; and
 
    (b) in the definition of "claimant" (in relation to industrial injuries benefit), for the words "section 44 above" there shall be substituted the words "section 29 of the Social Security Act 1998".
     95. In subsection (5) of section 192 of that Act (short title, commencement and extent), the words "section 24;" shall cease to have effect.
 
     96. In Part I of Schedule 4 to that Act (persons employed in social security administration or adjudication)-
 
 
    (a) the entry headed "Adjudication officers" shall cease to have effect;
 
    (b) in the entry headed "Adjudicating bodies", in paragraph (a), for the words "a social security" there shall be substituted the word "an", and paragraphs (b) to (d) shall cease to have effect;
 
    (c) in the entry headed "The Social Fund", the words "A social fund officer" shall cease to have effect; and
 
    (d) at the end of the entry headed "Former officers" there shall be inserted the words-
 
        A Chief Adjudication Officer.
     
 
        An adjudication officer.
     
 
        A social fund officer.
     
 
        A clerk to, or other officer or member of the staff of, the former social security appeal tribunal, the former disability appeal tribunal or the former medical appeal tribunal."
     
     97. - (1) In Part I of Schedule 7 to that Act (regulations not requiring prior submission to Social Security Advisory Committee), in paragraph 3(a), for the words "section 141, 143 or 145 above" there shall be substituted the words "section 141, 143, 143A or 145 above".
 
      (2) In Part II of that Schedule (regulations not requiring prior submission to Industrial Injuries Advisory Council), in paragraph 12, for the words "section 141, 143 or 150 above" there shall be substituted the words "section 141, 143, 143A or 150 above".
 
     98. In paragraph 1(6) of Schedule 9 to that Act (old cases payments administration), after the words "this Act" there shall be inserted the words ", Chapter II of Part I of the Social Security Act 1998".
 
     99. - (1) In sub-paragraph (1) of paragraph 3 of Schedule 10 to that Act (supplementary benefit), for the words "Sections 20 to 29, 36 to 43, 51 to 61" there shall be substituted the words "Sections 9 to 19, 29 to 31 and 39 of the Social Security Act 1998".
 
      (2) In sub-paragraph (2) of that paragraph, for the words "section 59 above" there shall be substituted the words "section 17 of the Social Security Act 1998".
 
 
Tribunals and Inquiries Act 1992 (c.53)
     100. - (1) In subsection (3) of section 6 of the Tribunals and Inquiries Act 1992 (appointment of chairmen of certain tribunals), for the words "paragraph 7, 38(a), 41(a), (b), (c) or (e) or 43" there shall be substituted the words "paragraph 7(b) or 38(a)".
 
      (2) Subsection (4) of that section shall cease to have effect.
 
     101. In subsection (2) of section 7 of that Act (concurrence required for removal of members of certain tribunals), for "43, 48 or 56(a)" there shall be substituted "48 or 56(a)".
 
     102. In subsection (5) of section 13 of that Act (power to apply Act to additional tribunals and to repeal or amend certain provisions)-
 
 
    (a) in paragraph (a), for "35(a) and (d)" there shall be substituted "35(d)"; and
 
    (b) paragraph (b) shall cease to have effect.
     103. - (1) In paragraph 7 of Schedule 1 to that Act (tribunals under direct supervision of Council)-
 
 
    (a) in sub-paragraph (a), for the words "established under section 21 of the Child Support Act 1991 (c.48)" there shall be substituted the words "constituted under Chapter I of Part I of the Social Security Act 1998 (c.00)"; and
 
    (b) in paragraph (b), for the words "that Act" there shall be substituted the words "the Child Support Act 1991 (c.48)".
      (2) In paragraph 41 of that Schedule-
 
 
    (a) in sub-paragraph (a), for the words "section 41 of the Social Security Administration Act 1992 (c.5)" there shall be substituted the words "Chapter I of Part I of the Social Security Act 1998 (c.00)";
 
    (b) sub-paragraphs (b), (c) and (e) shall cease to have effect; and
 
    (c) in sub-paragraph (d), for the words "section 52 of that Act" there shall be substituted the words "Schedule 4 to the Social Security Act 1998 (c.00)".
     104. - (1) Paragraph 3 of Schedule 2 to that Act (transitory provisions) shall cease to have effect.
 
      (2) In paragraph 4 of that Schedule-
 
 
    (a) in sub-paragraph (a), for the words "1(a), 2(a) or 3(a)" there shall be substituted the words "1(a) or 2(a)"; and
 
    (b) in sub-paragraph (b), for the words "1(b), 2(b) or 3(b)" there shall be substituted the words "1(b) or 2(b)" and for the words "1(a), 2(a) or 3(a)" there shall be substituted the words "1(a) or 2(a)".
 
Judicial Pensions and Retirement Act 1993 (c.8)
     105. - (1) In Part II of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (other appointments)-
 
 
    (a) in the entry relating to the Chief or other Social Security Commissioner, for the words "section 52(2) of the Social Security and Administration Act 1992" there shall be substituted the words "paragraph 1(2) of Schedule 4 to the Social Security Act 1998"; and
 
    (b) for the entry relating to the President of social security appeal tribunals, medical appeal tribunals, disability appeal tribunals and child support appeal tribunals there shall be substituted the following entry-
 {d3}" 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".
      (2) In that Part of that Schedule, the following entries shall cease to have effect, namely-
 
     106. - (1) In Schedule 5 to that Act (retirement provisions: the relevant offices)-
 
 
    (a) in the entry relating to the Chief or other Social Security Commissioner, for the words "section 52(2) of the Social Security Administration Act 1992" there shall be substituted the words "paragraph 1(2) of Schedule 4 to the Social Security Act 1998"; and
 
    (b) for the entry relating to the President of social security appeal tribunals, medical appeal tribunals, disability appeal tribunals and child support appeal tribunals there shall be substituted the following entry-
 {d3}" 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".
      (2) In that Schedule, the following entries shall cease to have effect, namely-
 
     107. In paragraph 5(5) of Schedule 7 to that Act (ascertainment of potential retirement date), sub-paragraphs (iii) and (iv) shall cease to have effect.
 
 
Pension Schemes Act 1993 (c.48)
     108. In subsection (6)(c) of section 158 of the Pension Schemes Act 1993, for the words "sections 17 to 62 of the Social Security Administration Act 1992" there shall be substituted the words "Chapter II of Part I of the Social Security Act 1998".
 
     109. - (1) In subsection (3) of section 167 of that Act (application of general provisions relating to administration of social security), for the words "Section 58 of that Act (regulations as to determination of questions and matters arising out of, or pending, reviews and appeals)" there shall be substituted the words "Section 12 of the Social Security Act 1998 (regulations with respect to decisions)".
 
      (2) Subsection (4) of that section shall cease to have effect.
 
     110. For section 170 of that Act there shall be inserted the following section-
 
 
"Decisions and appeals.     170. - (1) Section 2 (use of computers) of the Social Security Act 1998 ("the 1998 Act") applies as if, for the purposes of subsection (1) of that section, this Act were a relevant enactment.
 
    (2) Sections 9, 10 and 11 of the 1998 Act (decisions by the Secretary of State, revision of decisions and decisions superseding earlier decisions) apply as if, for the purposes of section 9(1)(c) of that Act, this Act were a relevant enactment.
 
      (3) Regulations may make provision-
 
 
    (a) with respect to the procedure to be adopted on any application made under section 10 or 11 of the 1998 Act by virtue of subsection (2); and
 
    (b) generally with respect to such applications, and revisions under section 10 and decisions under section 11,
  but may not prevent such a revision or decision being made without such an application.
 
      (4) Section 13 of the 1998 Act (appeal to appeal tribunal) applies as if, for the purposes of subsection (1)(b) of that section, any decision of the Secretary of State falling to be made under this Act were a decision falling within Schedule 3 to that Act."
 
     111. - (1) In subsection (1) of section 171 of that Act (questions arising in proceedings), for the words from "any such question" to "Secretary of State" there shall be substituted the words "any decision such as is mentioned in section 170(2) is made by the Secretary of State, the decision".
 
      (2) For subsections (2) and (3) of that section there shall be substituted the following subsections-
 
 
    "(2) If-
 
 
    (a) any such decision is necessary for the determination of the proceedings; and
 
    (b) the decision of the Secretary of State has not been obtained or an application with respect to the decision has been made under section 10 or 11 of the Social Security Act 1998,
  the decision shall be referred to the Secretary of State to be made in accordance (subject to any necessary modifications) with Chapter II of Part I of that Act.
 
      (3) Subsection (1) does not apply where, in relation to the decision-
 
 
    (a) an appeal has been brought but not determined;
 
    (b) an application for leave to appeal has been made but not determined;
 
    (c) an appeal has not been brought (or, as the case may be, an application for leave to appeal has not been made) but the time for doing so has not yet expired; or
 
    (d) an application has been made under section 10 or 11 of that Act.
      (4) In a case falling within subsection (3) the court shall adjourn the proceedings until such time as the final decision is known; and that decision shall be conclusive for the purposes of the proceedings."
 
 
Jobseekers Act 1995 (c.18)
     112. In subsection (8) of section 6 of the Jobseekers Act (availability for employment), for the words "an adjudication officer" there shall be substituted the words "the Secretary of State".
 
     113. - (1) In subsection (6) of section 9 of that Act (the jobseeker's agreement), for the words "an adjudication officer" there shall be substituted the words "the Secretary of State".
 
      (2) In subsection (7) of that section-
 
 
    (a) for the words "An adjudication officer to whom a reference is made under subsection (6)" there shall be substituted the words "On a reference under subsection (6) the Secretary of State"; and
 
    (b) for the words "the adjudication officer" there shall be substituted the words "the Secretary of State".
      (3) In subsection (8) of that section, for the words "an adjudication officer", in each place where they occur, there shall be substituted the words "the Secretary of State".
 
      (4) Subsection (9) of that section shall cease to have effect.
 
     114. - (1) In subsection (5) of section 10 of that Act (variation of jobseeker's agreement), for the words "an adjudication officer" there shall be substituted the words "the Secretary of State".
 
      (2) In subsection (6) of that section, for the words "An adjudication officer to whom a reference is made under subsection (5)" there shall be substituted the words "On a reference under subsection (5) the Secretary of State".
 
      (3) In subsection (7) of that section, for the words "an adjudication officer", in each place where they occur, there shall be substituted the words "the Secretary of State".
 
      (4) Subsection (8) of that section shall cease to have effect.
 
     115. Section 11 of that Act (jobseeker's agreement: reviews and appeals) shall cease to have effect.
 
     116. - (1) In subsection (3) of section 19 of that Act (circumstances in which a jobseeker's allowance is not payable), for the words "the adjudication officer" there shall be substituted the words "the Secretary of State".
 
      (2) In subsection (4) of that section, for the words "an adjudication officer" there shall be substituted the words "the Secretary of State".
 
     117. In subsections (1) and (2) of section 31 of that Act (termination of awards), for the words "an adjudication officer" there shall be substituted the words "the Secretary of State".
 
     118. In subsection (1) of section 35 of that Act (interpretation)-
 
 
    (a) the definition of "adjudication officer" shall cease to have effect; and
 
    (b) in the definition of "entitled", for the words "sections 1 and 68 of the Administration Act" there shall be substituted the words "section 1 of the Administration Act and section 27 of the Social Security Act 1998".
 
Social Security (Recovery of Benefits) Act 1997 (c.27)
     119. - (1) For subsection (1) of section 10 of the Social Security (Recovery of Benefits) Act 1997 (review of certificates of recoverable benefits) there shall be substituted the following subsection-
 
 
    "(1) Any certificate of recoverable benefits may be reviewed 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."
      (2) At the end of subsection (2) of that section there shall be inserted the words "or
 
 
    (c) revoke the certificate."
     120. - (1) At the end of subsection (1) of section 11 of that Act (appeals against certificates of recoverable benefits) there shall be inserted the words"or
 
 
    (c) that listed benefits which have not been, and are not likely to be, paid to the injured person during the relevant period have been brought into account, or
 
    (d) that the payment on the basis of which the certificate was issued is not a payment within section 1(1)(a)".
      (2) In subsection (2) of that section, after paragraph (a) there shall be inserted the following paragraph-
 
 
    "(aa) (in a case where that certificate was issued under section 7(2)(a)) the person to whom it was so issued, or".
      (3) For subsection (5) of that section there shall be substituted the following subsection-
 
 
    "(5) Regulations may make provision for the purpose of enabling any appeal under this section to be treated as an application for review under section 10."
 
      (4) Subsection (6) of that section shall cease to have effect.
 
     121. - (1) For subsections (1) and (2) of section 12 of that Act (reference of questions to medical appeal tribunal) there shall be substituted the following subsection-
 
 
    "(1) The Secretary of State must refer an appeal under section 11 to an appeal tribunal."
 
      (2) In subsection (3) of that section, for the words "any question referred to it under subsection (1)" there shall be substituted the words "any appeal under section 11".
 
      (3) In subsection (4) of that section-
 
 
    (a) for the words "a reference under subsection (1) a medical appeal tribunal" there shall be substituted the words "an appeal under section 11 an appeal tribunal"; and
 
    (b) at the end there shall be inserted the words "or
 
    (c) declare that the certificate of recoverable benefits is to be revoked."
      (4) In subsection (5) of that section-
 
 
    (a) for the words "the decisions of the tribunal on the questions referred to it under subsection (1), he must in accordance with those decisions" there shall be substituted the words "the decision of the tribunal on the appeal under section 11, he must in accordance with that decision"; and
 
    (b) at the end there shall be inserted the words "or
 
    (c) revoke the certificate."
      (5) The following shall cease to have effect, namely-
 
 
    (a) subsection (6) of that section;
 
    (b) in subsection (7) of that section, the words "under subsection (6)(b)"; and
 
    (c) subsection (8) of that section.
     122. - (1) In subsection (1) of section 13 of that Act (appeal to social security Commissioner), for the words "a medical appeal tribunal" there shall be substituted the words "an appeal tribunal".
 
      (2) In subsection (2) of that section-
 
 
    (a) the word "or" at the end of paragraph (b) shall cease to have effect; and
 
    (b) after that paragraph there shall be inserted the following paragraph-
 
    "(bb) (in a case where that certificate was issued under section 7(2)(a)) the person to whom it was so issued, or".
      (3) In subsection (3) of that section, for the words "Subsections (7) to (10) of section 23 of the Social Security Administration Act 1992" there shall be substituted the words "Subsections (7) to (12) of section 15 of the Social Security Act 1998".
 
      (4) Subsection (4) of that section shall cease to have effect.
 
     123. In section 29 of that Act (general interpretation)-
 
 
    (a) before the definition of "benefit" there shall be inserted the following definition-
 
    ""appeal tribunal" means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998;"; and
 
    (b) after the definition of "benefit" there shall be inserted the following definition-
 
    ""Commissioner" has the same meaning as in Chapter II of Part I of the Social Security Act 1998 (see section 39);".
 
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