Select Committee on Delegated Powers and Deregulation Tenth Report


Annex A

TABLE OF DELEGATED POWERS IN THE SOCIAL SECURITY BILL 1997
CSA = Child Support Act 1991
SSAA = Social Security Administration Act 1992
SS(RoB)A = Social Security (Recovery of Benefits) Act 1997
SSCBA = Social Security (Contributions and Benefits) Act 1992
PSA = Pension Schemes Act 1993
VDPA = Vaccine Damage Payments Act

(r) = re-enactment (s) = similar provision exists at present

No of power     1-49   50-99   100-108

No of power / Clause /Act amended
Provision
1
6(3)
- qualifications of members of panel for appointment to appeal tribunals
2
7(3)
- qualifications of panel members for appointment to appeal tribunals in Scotland
3
8(2)(c)
- circumstances in which the chairman does not have the casting vote
4
8(3)
(a) composition of appeal tribunals
(b) procedure to be followed on appeals to and other proceedings before such tribunals
(c) procedure to be followed in allocating cases among differently constituted tribunals
5
8(4)
- circumstances in which tribunal may not require expert(s) to provide assistance
6

(r)

9(1)(d)
- issues arising as to, or in connection with, entitlement to statutory sick pay or statutory maternity pay
7
10(1)
procedure for revising decisions
(a) period within which and cases and circumstances in which decisions may be revised
8
10(4)
effective date in prescribed cases or circumstances
9
10(6)
circumstances in which an appeal against a decision will NOT lapse if the decision is revised
10
11(3)
cases, circumstances and procedure for making a decision which supersedes an earlier decision
11
11(5)
effective date of a decision in prescribed cases or circumstances
12 (r)
12(1)
provision for decision-making under former or current legislation
13
13(2)
(b) other persons who have a right to appeal to an appeal tribunal
circumstances in which this section does not confer a right of appeal
14
13(5)
notice of decision and notice of right of appeal
15
13(6)
manner in which and time within which appeals are to be brought
16
15(3)
(b) other persons who have a right of appeal to a Commissioner
17

(r)

15(10)
(a) cases in which leave to appeal of persons other that the chairman of the tribunal is required
(b) regulations governing Commissioner granting leave to appeal
18
15(11)
manner in which and time within which appeals are to be brought and applications for leave to appeal to be made
19

(r)

16(2)(a)
cases in which another Commissioner may grant leave to appeal, and how that Commissioner is to be selected
20

(r)

16(3)(c)
other persons who may apply for leave to appeal to a higher court
21
17(1)
procedure as specified in Schedule 5
22

(r)

18(2)
extent to which findings of fact or other determination embodied in a decision shall be conclusive for further decisions
23 (r)
19(1)
(a) matters arising pending a decision of the Secretary of State, appeal tribunal or Commissioner
(b) matters arising out of the revision under section 10 above or on appeal of any such decision
24

(r)

21(2)
conditions in which an appeal tribunal may refer a person for medical examination
25
21(3)
circumstances in which an appeal tribunal may carry out a physical examination of a person; or require a person to undergo a physical test to determine his walking ability
26

(s)

22(1)
(a) circumstances in which benefit payments may be suspended
(b) circumstances in which suspended payments may be subsequently made
27
22(3)
(c) circumstances in which an appeal against a decision counts as pending, when the appeal has not been brought but the time for bringing it has not yet expired
28
22(4)
cases or circumstances in which regulations under subsection (1) may provide for entitlement to benefit to cease
29
23(2)
(a) in relation to persons who fail to comply with information requirements, allows regulations to make provision for suspending payments of a relevant benefit, in whole or in part
(b) allows regulations to provide for subsequent making of suspended payments in prescribed circumstances
30
23(3)
allows regulations to provide that entitlement to a relevant benefit shall cease from a date not earlier than the date on which payments were suspended, and to prescribe cases and circumstances which are exceptions
31

(r)

(r)

(r)

24
(a) enables the Secretary of State to require a person to whom a relevant benefit has been awarded to submit to a medical examination
(b) provides for suspending payments of benefit in the case of a person who fails to submit to a medical examination in 24(a) above
(c) provides for the subsequent making of suspended payments in prescribed circumstances
(d) provide for entitlement to benefit to cease from a date not earlier than the date on which payments were suspended, except in cases or circumstances which are prescribed
32
25(3)
(a) prescribe cases or circumstances in which a decision on a case may be made while a decision on a lead case is pending
(b) prescribe cases or circumstances in which a decision may be made in a case affected by a lead case, and the basis on which it may be made
33
25(5)
(c)circumstances in which an appeal against a decision counts as pending, when the appeal has not been brought but the time for bringing it has not yet expired
34
26(6)
(c) circumstances in which an appeal against a decision counts as pending, when the appeal has not been brought but the time for bringing it has not yet expired
35
26(8)
supplementary provision concerning appeals involving issues that arise on appeal in other cases
36
27(7)
determining the date of the relevant determination in prescribed cases [27(8) provides that this may include provision for the determination of a higher court to be treated as if it had been made on the date of a determination of a lower court, or vice versa.]
37 (r)
28(1)
(a) enable provision for the correction of accidental errors in any decision or record of a decision
(b) enable provision for setting aside of a decision when this appears just
38 (r)
31(1)
allow a determination that a person is disqualified from Incapacity Benefit to have effect, for prescribed circumstances as a determination that he is capable of work
39

(r)

31(2)
matters to be determined by the Secretary of State notwithstanding that other matters fall to be determined by another authority.
40

(r)

32
allow for applying the decision-making and appeals provisions, subject to prescribed additions and modifications, to industrial diseases cases.
41

(r)

34(1)
require local authorities to notify claimants of decisions on claims for (a) housing benefit and (b) council tax benefit
42

(r)

34(3)
require local authorities to give priority to claims from people entitled to jobseekser's allowance or income support, in prescribed circumstances
43

(r)

34(4)
provision for reviews of determinations on housing benefit or council tax benefit
44
34(5)
provision as respects matters arising out of the revision on review of housing benefit and council tax benefit determinations
45

(s)

35(1)
(a) allow suspension of payments of housing benefit or council tax benefit in prescribed circumstances
(b) allow the subsequent making or restoring of payments in prescribed circumstances
46
35(3)
(d) circumstances in which an appeal against a decision counts as pending, when the time for bringing it has not yet expired
47
35(4)
(c) circumstances in which an appeal counts as pending where an application to the supervisory jurisdiction of the Court of Session in Scotland has not been made, but the period prescribed for making such an application has not expired
(d) circumstances in which an appeal counts as pending, where the time for making an appeal brought against an order made on an application to the Court of Session has not yet expired.
48

(r)

38(1)
(a) prescribe the manner and form, and time limits, for an application for a review of a social fund determination
49

(r)

38(3)
prescribe the manner and form, and time limit, for an application for a further review of a social fund determination by a social fund inspector



 
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