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Appeals |
| Appeals to appeal tribunals. |
10. For section 20 of the 1991 Act (appeals to appeal tribunals) there shall be substituted-
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| Appeals to appeal tribunals. |
20. - (1) A qualifying person has a right of appeal to an appeal tribunal against-
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(a) a decision of the Secretary of State under section 11, 12 or 17 (whether as originally made or as revised under section 16); |
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(b) a decision of the Secretary of State not to make a maintenance calculation under section 11 or not to supersede a decision under section 17; |
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(c) a reduced benefit decision under section 46; |
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(d) the imposition (by virtue of section 41A) of a requirement to make penalty payments, or their amount; |
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(e) the imposition (by virtue of section 47) of a requirement to pay fees. |
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(2) In subsection (1), "qualifying person" means-
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(a) in relation to paragraphs (a) and (b)- |
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(i) the person with care, or non-resident parent, with respect to whom the Secretary of State made the decision, or
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(ii) in a case relating to a maintenance calculation which was applied for under section 7, either of those persons or the child concerned;
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(b) in relation to paragraph (c), the person in respect of whom the benefits are payable; |
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(c) in relation to paragraph (d), the parent who has been required to make penalty payments; and |
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(d) in relation to paragraph (e), the person required to pay fees. |
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(3) A person with a right of appeal under this section shall be given such notice as may be prescribed of-
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(b) the relevant decision, or the imposition of the requirement. |
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(4) Regulations may make-
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(a) provision as to the manner in which, and the time within which, appeals are to be brought; and |
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(b) such provision with respect to proceedings before appeal tribunals as the Secretary of State considers appropriate. |
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(5) The regulations may in particular make any provision of a kind mentioned in Schedule 5 to the Social Security Act 1998.
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(6) No appeal lies by virtue of subsection (1)(c) unless the amount of the person's benefit is reduced in accordance with the reduced benefit decision; and the time within which such an appeal may be brought runs from the date of notification of the reduction.
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(7) In deciding an appeal under this section, an appeal tribunal-
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(a) need not consider any issue that is not raised by the appeal; and |
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(b) shall not take into account any circumstances not obtaining at the time when the Secretary of State made the decision or imposed the requirement. |
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(8) If an appeal under this section is allowed, the appeal tribunal may-
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(a) itself make such decision as it considers appropriate; or |
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(b) remit the case to the Secretary of State, together with such directions (if any) as it considers appropriate. |
| Redetermination of appeals. |
11. After section 23 of the 1991 Act there shall be inserted-
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| Redetermination of appeals. |
23A. - (1) This section applies where an application is made to a person under section 24(6)(a) for leave to appeal from a decision of an appeal tribunal.
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(2) If the person who constituted, or was the chairman of, the appeal tribunal considers that the decision was erroneous in 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.
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(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.
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(4) The "principal parties" are-
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(a) the Secretary of State; and |
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(b) those who are qualifying persons for the purposes of section 20(2) in relation to the decision in question. |
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Information |
| Information required by Secretary of State. |
12. In section 14 of the 1991 Act (information required by the Secretary of State), in subsection (1), after "such an application" there shall be inserted "or needed for the making of any decision or in connection with the imposition of any condition or requirement under this Act,".
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| Information- offences. |
13. After section 14 of the 1991 Act there shall be inserted-
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| Information- offences. |
14A. - (1) This section applies to-
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(a) persons who are required to comply with regulations under section 4(4) or 7(5); and |
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(b) persons specified in regulations under section 14(1)(a). |
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(2) Such a person is guilty of an offence if, pursuant to a request for information under or by virtue of those regulations-
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(a) he makes a statement or representation which he knows to be false; or |
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(b) he provides, or knowingly causes or knowingly allows to be provided, a document or other information which he knows to be false in a material particular. |
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(3) Such a person is guilty of an offence if, following such a request, he fails to comply with it.
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(4) It is a defence for a person charged with an offence under subsection (3) to prove that he had a reasonable excuse for failing to comply.
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(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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| Inspectors. |
14. - (1) Section 15 of the 1991 Act (powers of inspectors) shall be amended as follows.
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(2) For subsections (1) to (4) there shall be substituted-
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(1) The Secretary of State may appoint, on such terms as he thinks fit, persons to act as inspectors under this section.
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(2) The function of inspectors is to acquire information which the Secretary of State needs for any of the purposes of this Act.
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(3) Every inspector is to be given a certificate of his appointment.
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(4) An inspector has power, at any reasonable time and either alone or accompanied by such other persons as he thinks fit, to enter any premises which-
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(a) are liable to inspection under this section; and |
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(b) are premises to which it is reasonable for him to require entry in order that he may exercise his functions under this section, |
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and may there make such examination and inquiry as he considers appropriate.
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(4A) Premises liable to inspection under this section are those which are not used wholly as a dwelling house and which the inspector has reasonable grounds for suspecting are-
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(a) premises at which a non-resident parent is or has been employed; |
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(b) premises at which a non-resident parent carries out, or has carried out, a trade, profession, vocation or business; |
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(c) premises at which there is information held by a person ("A") whom the inspector has reasonable grounds for suspecting has information about a non-resident parent acquired in the course of A's own trade, profession, vocation or business. |
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(3) In subsection (6), for the words from "any person who" to the end of paragraph (d) there shall be substituted "any such person".
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(4) After subsection (10) there shall be inserted-
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(11) In this section, "premises" includes-
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(a) moveable structures and vehicles, vessels, aircraft and hovercraft; |
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(b) installations that are offshore installations for the purposes of the Mineral Workings (Offshore Installations) Act 1971; and |
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(c) places of all other descriptions whether or not occupied as land or otherwise, |
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and references in this section to the occupier of premises is to be construed, in relation to premises that are not occupied as land, as references to any person for the time being present at the place in question.
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