Amendments proposed to the Child Support, Pensions and Social Security Bill - continued | House of Commons |
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Mr Jeff Rooker NS2 *To move the following Schedule:
'SCHEDULEHousing benefit and council tax benefit: revisions and appealsIntroductory 1.(1) In this Schedule "relevant authority" means an authority administering housing benefit or council tax benefit.(2) In this Schedule "relevant decision" means any of the following
but references in this Schedule to a relevant decision do not include references to a decision under paragraph 3 to revise a relevant decision.
Decisions on claims for benefit 2. Where at any time a claim for housing benefit or council tax benefit is decided by a relevant authority
Revision of decisions 3.(1) Any relevant decision may be revised or further revised by the relevant authority which made the decision
and regulations may prescribe the procedure by which a decision of a relevant authority may be so revised. (2) In making a decision under sub-paragraph (1), the relevant authority need not consider any issue that is not raised by the application or, as the case may be, did not cause them to act on their own initiative. (3) Subject to sub-paragraphs (4) and (5) and paragraph 18, a revision under this paragraph 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 revision under this paragraph shall take effect as from such other date as may be prescribed. (5) Where a decision is revised under this paragraph, 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 relevant authority shall lapse if the decision is revised under this paragraph before the appeal is determined.
Decisions superseding earlier decisions 4.(1) Subject to sub-paragraph (4), the following, namely
may be superseded by a decision made by the appropriate relevant authority, either on an application made for the purpose by a person affected by the decision or on their own initiative. (2) In this paragraph "the appropriate relevant authority" means the authority which made the decision being superseded, the decision appealed against to the tribunal or, as the case may be, the decision to which the decision being appealed against to the Commissioner relates. (3) In making a decision under sub-paragraph (1), the relevant authority need not consider any issue that is not raised by the application or, as the case may be, did not cause them to act on their own initiative. (4) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this paragraph. (5) Subject to sub-paragraph (6) and paragraph 18, a decision under this paragraph shall take effect as from the date on which it is made or, where applicable, the date on which the application was made. (6) Regulations may provide that, in prescribed cases or circumstances, a decision under this paragraph shall take effect as from such other date as may be prescribed.
Use of experts by relevant authorities 5. Where it appears to a relevant authority that a matter in relation to which a relevant decision falls to be made by them involves a question of fact requiring special expertise, they may direct that, in dealing with that matter, they shall have the assistance of one or more persons appearing to them to have knowledge or experience which would be relevant in determining that question.
Appeal to appeal tribunal 6.(1) Subject to sub-paragraph (2), this paragraph applies to any relevant decision (whether as originally made or as revised under paragraph 3) of a relevant authority which
(2) This paragraph does not apply to
(3) In the case of a decision to which this paragraph applies, any person affected by the decision shall have a right to appeal to an appeal tribunal. (4) Nothing in sub-paragraph (3) shall confer a right of appeal in relation to
(5) Regulations under sub-paragraph (4) shall not prescribe any decision or determination that relates to the conditions of entitlement to housing benefit or council tax benefit for which a claim has been validly made. (6) Where any amount of housing benefit or council tax benefit is determined to be recoverable under or by virtue of section 75 or 76 of the Administration Act (overpayments and excess benefits), any person from whom it has been determined that it is so recoverable shall have a right of appeal to an appeal tribunal. (7) A person with a right of appeal under this paragraph shall be given such notice of the decision in respect of which he has that right, and of that right, as may be prescribed. (8) Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought. (9) In deciding an appeal under this paragraph, an appeal tribunal
Redetermination etc. of appeals by tribunal 7.(1) This paragraph applies where an application is made to a person for leave under paragraph 8(7)(a) or (c) to appeal from a decision of an appeal tribunal.(2) If the person considers that the decision was erroneous in point of law, he may set aside the decision and refer the case either for redetermination by the tribunal or for determination by a differently constituted tribunal. (3) If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, the person shall set aside the decision and refer the case for determination by a differently constituted tribunal. (4) In this paragraph and paragraph 8 "principal parties" means
Appeal from tribunal to Commissioner 8.(1) Subject to the provisions of this paragraph, an appeal lies to a Commissioner from any decision of an appeal tribunal under paragraph 6 or 7 on the ground that the decision of the tribunal was erroneous in point of law.(2) An appeal lies under this paragraph at the instance of any of the following
(3) 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. (4) Where the Commissioner holds that the decision appealed against was erroneous in point of law, he shall set it aside. (5) Where under sub-paragraph (4) the Commissioner sets aside a decision
(6) Subject to any direction of the Commissioner, a reference under sub-paragraph (3) or (5)(c) shall be to a differently constituted tribunal. (7) No appeal lies under this paragraph without leave; and leave for the purposes of this sub-paragraph may be given
(8) Regulations may 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.
Appeal from Commissioner on point of law 9.(1) Subject to sub-paragraphs (2) and (3), an appeal on a question of law shall lie to the appropriate court from any decision of a Commissioner.(2) No appeal under this paragraph shall lie from a decision except
(3) An application for leave under this paragraph in respect of a Commissioner's decision may only be made by
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 paragraph, and with respect to the procedure for dealing with such applications. (4) On an application to a Commissioner for leave under this paragraph, it shall be the duty of the Commissioner to specify as the appropriate court
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 paragraph (a) or (b) as the appropriate court, it shall be his duty to specify that court as the appropriate court. (5) In this paragraph
Procedure 10.(1) Regulations may make for the purposes of this Schedule any such provision as is specified in Schedule 5 to the Social Security Act 1998, or as would be so specified if the references to the Secretary of State in paragraph 1 of that Schedule were references to a relevant authority.(2) 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 that the power by regulations to prescribe procedure includes power
(4) 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 persons appearing to him to have knowledge or experience which would be relevant in determining that question. (5) 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
falling to be heard by one of the Commissioners involves a question of law of special difficulty, he may direct that the application or appeal be dealt with, not by that Commissioner alone, but by a tribunal consisting of any three or more of the Commissioners. (6) If the decision of such a tribunal is not unanimous, the decision of the majority shall be the decision of the tribunal; and the presiding Commissioner shall have a casting vote if the votes (including his first vote) are equally divided. (7) Where a direction is given under sub-paragraph (5)(a), paragraph 8(7)(b) shall have effect as if the reference to a Commissioner were a reference to such a tribunal as is mentioned in sub-paragraph (5). (8) Except so far as it may be applied in relation to England and Wales by regulations, Part I of the Arbitration Act 1996 shall not apply to any proceedings under this Schedule.
Finality of decisions 11.(1) Subject to the provisions of this Schedule, any decision made in accordance with the preceding provisions of this Schedule shall be final.(2) If and to the extent that regulations so provide, any finding of fact or other determination embodied in or necessary to such a decision, or on which such a decision is based, shall be conclusive for the purposes of
Matters arising as respects decisions 12. Regulations may make provision as respects matters arising
or
Suspension in prescribed circumstances 13.(1) Regulations may provide for
(2) Regulations made under sub-paragraph (1) may, in particular, make provision for any case where, in relation to a claim for housing benefit or council tax benefit
(3) For the purposes of sub-paragraph (2), an appeal against a decision is pending if
has not expired and the circumstances are such as may be prescribed.
Suspension for failure to furnish information etc 14.(1) The powers conferred by this paragraph are exercisable in relation to persons who fail to comply with information requirements.(2) Regulations may provide for
(3) In this paragraph and paragraph 15 "information requirement" means
Termination in cases of a failure to furnish information 15.(1) Regulations may provide that, except in prescribed cases or circumstances
shall cease to be entitled to the benefit from a date not earlier than the date on which payments were suspended.
Decisions involving issues that arise on appeal in other cases 16.(1) This paragraph applies where
(2) A relevant authority need not make the decision while the appeal is pending if they consider it possible that the result of the appeal will be such that, if it were already determined, there would be no entitlement to benefit. (3) If a relevant authority consider it possible that the result of the appeal will be such that, if it were already determined, it would affect the decision in some other way
(4) Where
they shall then revise their decision (under paragraph 3) in accordance with that determination. (5) For the purposes of this paragraph, an appeal against a decision is pending if
has not expired and the circumstances are such as may be prescribed. (6) In paragraphs (a), (b) and (c) of sub-paragraph (5), any reference to an appeal against a decision, or to an application for leave to appeal against a decision, includes a reference to
Appeals involving issues that arise on appeal in other cases 17.(1) This paragraph applies where
(2) If the relevant authority whose decision gave rise to appeal A consider it possible that the result of appeal B will be such that, if it were already determined, it would affect the determination of appeal A, they may serve notice requiring the tribunal or Commissioner
(3) Where appeal A is referred to the authority under sub-paragraph (2)(a), following the determination of appeal B and in accordance with that determination, they shall if appropriate
(4) Where appeal A is to be dealt with in accordance with this sub-paragraph, the appeal tribunal or Commissioner shall either
(5) Where the appeal tribunal or Commissioner acts in accordance with sub-paragraph (4)(b), following the determination of appeal B the relevant authority whose decision gave rise to appeal A shall, if appropriate, make a decision (under paragraph 4) superseding the decision of the tribunal or Commissioner in accordance with that determination. (6) For the purposes of this paragraph, an appeal against a decision is pending if
has not expired and the circumstances are such as may be prescribed. (7) In this paragraph
(8) In sub-paragraph (4) "the appellant" means the person who appealed or, as the case may be, first appealed against the decision mentioned in sub-paragraph (1)(a). (9) Regulations may make provision supplementing the provision made by this paragraph.
Restrictions on entitlement to benefit in certain cases of error 18.(1) Subject to sub-paragraph (2), this paragraph applies where
(2) This paragraph does not apply where the decision mentioned in sub-paragraph (1)(b)
(3) In so far as the decision relates to a person's entitlement to benefit in respect of a period before the date of the relevant determination, it shall be made as if the relevant authority's decision had been found by the Commissioner or court not to have been erroneous in point of law. (4) Sub-paragraph (1)(a) shall be read as including a case where
(5) It is immaterial for the purposes of sub-paragraph (1)
(6) In this paragraph "the court" means
(7) For the purposes of this paragraph, any reference to entitlement to benefit includes a reference to entitlement
(8) The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this paragraph in accordance with any regulations made for that purpose. (9) Regulations made under sub-paragraph (8) may include provision
Correction of errors and setting aside of decisions 19.(1) Regulations may make provision with respect to
(2) Nothing in sub-paragraph (1) shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from regulations made by virtue of that sub-paragraph. (3) In this paragraph "relevant provision" means
Regulations 20.(1) The power to make regulations under this Schedule shall be exercisable
and the Lord Chancellor shall consult with the Lord Advocate before making any regulations under this Schedule that apply to Scotland. (2) Any power conferred by this Schedule to make regulations shall include power to make different provision for different areas or different relevant authorities. (3) Subsections (4) to (7) of section 79 of the Social Security Act 1998 (supplemental provision in connection with powers to make subordinate legislation under that Act) shall apply to any power of the Secretary of State to make regulations under this Schedule as they apply to his powers to make regulations under that Act. (4) A statutory instrument containing (whether alone or with other provisions) regulations under paragraph 6(2)(e) or (4) shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House. (5) A statutory instrument
shall be subject to annulment in pursuance of a resolution of either House of Parliament. (6) In this paragraph the reference to regulations with respect to proceedings before the Commissioners includes a reference to regulations with respect to any such proceedings for the determination of any matter, or for leave to appeal to or from the Commissioners.
Consequential amendments of the Administration Act 21.(1) In section 2B of the Administration Act (supplemental provision about work-focused interviews), after subsection (7) there shall be inserted"(7A) Subsections (5) and (6) above shall not authorise the making of any provision in relation to any decision which is a relevant decision for the purposes of Schedule (Housing benefit and council tax benefit: revisions and appeals) to the Child Support, Pensions and Social Security Act 2000." (2) In section 5(1)(hh) of that Act (regulations about claims for and payments of benefit)
(3) In section 6(1) of that Act (regulations about claims for and payments of council tax benefit), after paragraph (h) there shall be inserted
Consequential amendments of the Social Security Act 1998 22.(1) Section 34(4) and (5) and section 35 of the Social Security Act 1998 (regulations for the determination of claims and reviews of housing benefit and council tax benefit and for the suspension of those benefits) shall cease to have effect.(2) In paragraph 4(1)(a) of Schedule 1 to that Act (supplementary provisions relating to the appeal tribunals), for "or section 20 of the Child Support Act" there shall be substituted ", section 20 of the Child Support Act or paragraph 6 of Schedule (Housing benefit and council tax benefit: revisions and appeals) to the Child Support, Pensions and Social Security Act 2000". (3) In paragraph 3(1) of Schedule 4 to that Act (provisions relating to the Social Security Commissioners), after "section 14 of this Act" there shall be inserted "or under paragraph 8 of Schedule (Housing benefit and council tax benefit: revisions and appeals) to the Child Support, Pensions and Social Security Act 2000".'.
Interpretation 23.(1) In this Schedule
(2) Regulations may make provision specifying the circumstances in which a person is or is not to be treated for the purposes of this Schedule as a person who is affected by any decision of a relevant authority.'.
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