 | |
| Matters arising as respects decisions. |
14. - (1) The Board may by regulations make provision as respects matters arising-
|
| |
(a) pending any decision of an officer of the Board under section 8 of this Act which relates to- |
| |
(i) statutory sick pay or statutory maternity pay, or
|
| |
(ii) any person's liability for contributions,
|
| |
(b) pending the determination by the tax appeal Commissioners of an appeal against any such decision, |
| |
(c) out of the variation, under regulations made under section 10 of this Act or on appeal, of any such decision, or |
| |
(d) out of the making of a decision which, under regulations made under that section, supersedes an earlier decision. |
| |
(2) Regulations under this section may, in particular-
|
| |
(a) make provision making a person liable to pay contributions pending the determination by the tax appeal Commissioners of an appeal against a decision of an officer of the Board, and |
| |
(b) make provision as to the repayment in prescribed circumstances of contributions paid by virtue of the regulations. |
| |
(3) Regulations under this section must be made with the concurrence of the Secretary of State in so far as they relate to statutory sick pay or statutory maternity pay.
|
| Power to make provision for period before commencement of new social security appeal provisions. |
15. - (1) The Secretary of State may by regulations modify any of the enactments to which this subsection applies during any period in which section 8 of this Act is in force but Chapter II of Part I of the Social Security Act 1998 (social security decisions and appeals) is not yet wholly in force.
|
| |
(2) Subsection (1) above applies to-
|
| |
(a) Part II of the Social Security Administration Act 1992 (adjudication), and |
| |
(b) the Acts amended by section 16 of, and Schedule 7 to, this Act. |
| Decisions under Pension Schemes Act 1993. |
16. - (1) The function of determining the questions referred to in subsection (1) of section 170 of the Pension Schemes Act 1993, as that section has effect before the commencement of paragraph 131 of Schedule 7 to the Social Security Act 1998, is hereby transferred to an officer of the Board.
|
| |
(2) In section 170 of the Pension Schemes Act 1993 (decisions and appeals), as substituted by paragraph 131 of Schedule 7 to the Social Security Act 1998, for subsections (2) to (4) there is substituted-
|
| |
 |
"(2) It shall be for an officer of the Inland Revenue-
|
| |
(a) to make any decision that falls to be made under or by virtue of Part III of this Act, other than a decision which under or by virtue of that Part falls to be made by the Secretary of State; |
| |
(b) to decide any issue arising in connection with payments under section 7 of the Social Security Act 1986 (occupational pension schemes becoming contracted-out between 1986 and 1993); and |
| |
(c) to decide any issue arising by virtue of regulations made under paragraph 15 of Schedule 3 to the Social Security (Consequential Provisions) Act 1992 (continuing in force of certain enactments repealed by the Social Security Act 1973). |
| |
(3) In the following provisions of this section a "relevant decision" means any decision which under subsection (2) falls to be made by an officer of the Inland Revenue, other than a decision under section 53 or 54.
|
| |
(4) Sections 9 and 10 of the 1998 Act (revision of decisions and decisions superseding earlier decisions) apply as if-
|
| |
(a) any reference in those sections to a decision of the Secretary of State under section 8 of that Act included a reference to a relevant decision; and |
| |
(b) any other reference in those sections to the Secretary of State were, in relation to a relevant decision, a reference to an officer of the Inland Revenue. |
| |
(5) Regulations may make provision-
|
| |
(a) with respect to the procedure to be adopted on any application made under section 9 or 10 of the 1998 Act by virtue of subsection (4); and |
| |
(b) generally with respect to such applications, revisions under section 9 and decisions under section 10; |
| |
but may not prevent such a revision or decision being made without such an application.
|
| |
(6) Section 12 of the 1998 Act (appeal to appeal tribunal) applies as if, for the purposes of subsection (1)(b) of that section, a relevant decision were a decision of the Secretary of State falling within Schedule 3 to the 1998 Act.
|
| |
(7) The following provisions of the 1998 Act (which relate to decisions and appeals)-
|
|
|
|
|
| |
shall apply in relation to any appeal under section 12 of the 1998 Act by virtue of subsection (6) above as if any reference to the Secretary of State were a reference to an officer of the Inland Revenue."
|
|
| Arrangements for discharge of decision-making functions. |
17. - (1) The Secretary of State may make arrangements with the Board for any of his functions under Chapter II of Part I of the Social Security Act 1998 in relation to-
|
| |
(a) a decision whether a person was (within the meaning of regulations) precluded from regular employment by responsibilities at home, or |
| |
(b) a decision whether a person is entitled to be credited with earnings or contributions in accordance with regulations made under section 22(5) of the Social Security Contributions and Benefits Act 1992, |
| |
to be discharged by the Board or by officers of the Board.
|
| |
(2) No such arrangements shall affect the responsibility of the Secretary of State or the application of Chapter II of Part I of the Social Security Act 1998 in relation to any decision.
|
| |
(3) Until the commencement of Chapter II of Part I of the Social Security Act 1998, the references to that Chapter in subsections (1) and (2) above shall have effect as references to Part II of the Social Security Administration Act 1992.
|
| Amendments relating to decisions and appeals. |
18. Schedule 7 to this Act (which contains amendments relating to decisions and appeals) shall have effect.
|
| Interpretation of Part II. |
19. In this Part-
|
| |
"the General Commissioners" means the Commissioners for the general purposes of the income tax appointed under section 2 of the Taxes Management Act 1970; |
| |
"the Special Commissioners" means the Commissioners for the special purposes of the Income Tax Acts appointed under section 4 of the Taxes Management Act 1970; |
| |
"the tax appeal Commissioners" means the General Commissioners or the Special Commissioners. |
