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Social Security Act 1998

Type Public General Act

Publication 1998-05-21

Last updated 2024-02-21

State In force

Department Statute Law Database

Source legislation.gov.uk

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Part I — Decisions and Appeals

Chapter I — General

Decisions

Child support: decisions superseding earlier decisions

1

The following functions are hereby transferred to the Secretary of State, namely—

(a) the functions of adjudication officers appointed under section 38 of the Social Security Administration Act 1992 (“the Administration Act”);

(b) the functions of social fund officers appointed under section 64 of that Act; and

(c) the functions of child support officers appointed under section 13 of the Child Support Act 1991 (“the Child Support Act”).

Use of computers

2

(1) Any decision, determination or assessment falling to be made or certificate falling to be issued by the Secretary of State under or by virtue of a relevant enactment, or in relation to a war pension, may be made or issued not only by an officer of his acting under his authority but also—

(a) by a computer for whose operation such an officer is responsible; and

(b) in the case of a decision, determination or assessment that may be made or a certificate that may be issued by a person providing services to the Secretary of State, by a computer for whose operation such a person is responsible.

(2) In this section “relevant enactment” means any enactment contained in—

(a) Chapter II of this Part;

(b) the Social Security Contributions and Benefits Act 1992 (“the Contributions and Benefits Act”);

(d) the Child Support Act;

(e) the Social Security (Incapacity for Work) Act 1994;

(f) the Jobseekers Act 1995 (“the Jobseekers Act”);

(g) the Child Support Act 1995; ...

(h) the Social Security (Recovery of Benefits) Act 1997; ...

(i) the State Pension Credit Act 2002; ...

(j) Part 1 of the Welfare Reform Act 2007;

(k) Part 1 of the Welfare Reform Act 2012; ...

(l) Part 4 of that Act;

(m) Part 1 of the Pensions Act 2014; ...

(n) section 30 of the Pensions Act 2014; or

(o) sections 18 to 21 of the Welfare Reform and Work Act 2016.

(3) In this section and section 3 below “war pension” has the same meaning as in section 25 of the Social Security Act 1989 (establishment and functions of war pensions committees).

Use of information

3

(1) Subsection (2) below applies to information relating to any of the matters specified in subsection (1A) below which is held—

(a) by the Secretary of State or the Northern Ireland Department; or

(b) by a person providing services to the Secretary of State or the Northern Ireland Department in connection with the provision of those services.

(1A) The matters are—

(a) social security ... or war pensions;

(aa) child support ... ;

(b) employment or training;

(d) retirement planning;

(e) the investigation or prosecution of offences relating to tax credits;

(f) the Diffuse Mesothelioma Payment Scheme.

(2) Information to which this subsection applies—

(a) may be used for the purposes of, or for any purposes connected with, the exercise of functions in relation to any of the matters specified in subsection (1A) above; and

(b) may be supplied to, or to a person providing services to, the Secretary of State or the Northern Ireland Department for use for those purposes.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this section “the Northern Ireland Department” means the Department of Health and Social Services for Northern Ireland or the Department for Employment and Learning in Northern Ireland.

(5) In this section—

“private pensions policy” means policy relating to— occupational pension schemes or personal pension schemes (within the meaning given by section 1 of the Pension Schemes Act 1993); oroccupational pension schemes or private pension schemes within the meaning of Part 1 of the Pensions Act 2008, if they do not fall within paragraph (a);

“retirement planning” means promoting financial planning for retirement.

Appeals

Unified appeal tribunals

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

President of appeal tribunals

5

(1) The Lord Chancellor may, after consultation with the Lord Advocate, appoint a President of appeal tribunals.

(2) A person is qualified to be appointed President if—

(a) he satisfies the judicial-appointment eligibility condition on a 7-year basis; or

(b) he is an advocate or solicitor in Scotland of at least 7 years' standing.

(3) Schedule 1 to this Act shall have effect for supplementing this section.

Panel for appointment to appeal tribunals

6

(1) The Lord Chancellor shall constitute a panel of persons to act as members of appeal tribunals.

(2) Subject to subsection (3) below, the panel shall be composed of persons appointed by the Lord Chancellor.

(3) The panel shall include persons possessing such qualifications as may be prescribed by regulations made with the concurrence of the Lord Chancellor.

(3A) As part of the selection process for the appointment of a medical practitioner as a member of the panel, the Judicial Appointments Commission shall consult the Chief Medical Officer.

(4) The numbers of persons appointed to the panel, and the terms and conditions of their appointments, shall be determined by the Lord Chancellor with the consent of the Secretary of State.

(5) A person may be removed from the panel by the Lord Chancellor on the ground of incapacity or misbehaviour; but the Lord Chancellor may remove such a person only with the concurrence of the appropriate senior judge.

(5A) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.

(6) In this section “the Chief Medical Officer” means—

(a) in relation to England, the Chief Medical Officer of the Department of Health;

(b) in relation to Wales, the Chief Medical Officer of the Welsh Office; and

Appeal to appeal tribunal

7

(1) Subject to subsection (2) below, an appeal tribunal shall consist of one, two or three members drawn by the President from the panel constituted under section 6 above.

(2) The member, or (as the case may be) at least one member, of an appeal tribunal must—

(a) be a solicitor of the Senior Courts of England and Wales, a barrister in England and Wales or have a qualification that is specified under subsection (6A); or

(b) be an advocate or solicitor in Scotland.

(3) Where an appeal tribunal has more than one member—

(a) the President shall nominate one of the members as chairman;

(b) decisions shall be taken by a majority of votes; and

(4) Where it appears to an appeal tribunal that a matter before it involves a question of fact of special difficulty, then, unless regulations otherwise provide, the tribunal may require one or more experts to provide assistance to it in dealing with the question.

(5) In subsection (4) above “expert” means a member of the panel constituted under section 6 above who appears to the appeal tribunal concerned to have knowledge or experience which would be relevant in determining the question of fact of special difficulty.

(6) Regulations shall make provision with respect to—

(a) the composition of appeal tribunals;

(b) the procedure to be followed in allocating cases among differently constituted tribunals; and

(6A) The Lord Chancellor may by order specify a qualification for the purposes of subsection (2)(a) above.

(6B) Subsections (2) to (4), (9) and (10) of section 51 of the Tribunals, Courts and Enforcement Act 2007 (contents of orders under subsection (1) of that section, and cessation of effect of such orders) shall apply for the purposes of subsection (6A) above as they apply for the purposes of subsection (1) of that section, but as if the reference in subsection (3) of that section to section 50 of that Act were a reference to this section.

(6C) For the purposes of subsection (2)(a) above, a person shall be taken first to become a barrister—

(a) when the person completes pupillage in connection with becoming a barrister, or

(b) in the case of a person not required to undertake pupillage in connection with becoming a barrister, when the person is called to the Bar of England and Wales.

(6D) For the purposes of subsection (2)(a) above, a person shall be taken not to be a solicitor or a barrister, or not to have a qualification specified under subsection (6A) above, if as a result of disciplinary proceedings he is prevented from practising as a solicitor or (as the case may be) as a barrister or as a holder of the specified qualification.

(7) Schedule 1 to this Act shall have effect for supplementing this section.

Decisions

Decisions by Secretary of State

8

(1) Subject to the provisions of this Chapter, it shall be for the Secretary of State—

(a) to decide any claim for a relevant benefit;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(c) subject to subsection (5) below, to make any decision that falls to be made under or by virtue of a relevant enactment; ...

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where at any time a claim for a relevant benefit is decided by the Secretary of State—

(a) the claim shall not be regarded as subsisting after that time; and

(b) accordingly, the claimant shall not (without making a further claim) be entitled to the benefit on the basis of circumstances not obtaining at that time.

(3) In this Chapter “relevant benefit” ... means any of the following, namely—

(a) benefit under Parts II to V of the Contributions and Benefits Act;

(aa) universal credit;

(ab) state pension or a lump sum under Part 1 of the Pensions Act 2014;

(ac) bereavement support payment under section 30 of the Pensions Act 2014;

(b) a jobseeker’s allowance;

(ba) an employment and support allowance;

(baa) personal independence payment;

(bb) state pension credit;

(bc) a loan under section 18 of the Welfare Reform and Work Act 2016;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) a social fund payment mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act;

(g) child benefit;

(h) such other benefit as may be prescribed.

(4) In this section “relevant enactment” means any enactment contained in this Chapter, the Contributions and Benefits Act, the Administration Act, the Social Security (Consequential Provisions) Act 1992, the Jobseekers Act, the State Pension Credit Act 2002, Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012, Part 4 of that Act or Part 1 of the Pensions Act 2014, section 30 of that Act or sections 18 to 21 of the Welfare Reform and Work Act 2016, other than one contained in—

(a) Part VII of the Contributions and Benefits Act so far as relating to housing benefit and council tax benefit;

(b) Part VIII of the Administration Act (arrangements for housing benefit and council tax benefit and related subsidies).

(5) Subsection (1)(c) above does not include any decision which under section 8 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 falls to be made by an officer of the Inland Revenue.

Revision of decisions

9

(1) ... Any decision of the Secretary of State under section 8 above or section 10 below may be revised 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;

and regulations may prescribe the procedure by which a decision of the Secretary of State may be so revised.

(2) In making a decision under subsection (1) above, the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.

(3) Subject to subsections (4) and (5) and section 27 below, a revision under this section 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 section shall take effect as from such other date as may be prescribed.

(5) Where a decision is revised under this section, 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 Secretary of State shall lapse if the decision is revised under this section before the appeal is determined.

Vaccine damage payments: decisions reversing earlier decisions

10

(1) Subject to subsection (3) ... below, the following, namely—

(a) any decision of the Secretary of State under section 8 above or this section, whether as originally made or as revised under section 9 above; ...

(aa) any decision under this Chapter of an appeal tribunal or a Commissioner; and

(b) any decision under this Chapter of the First-tier Tribunal or any decision of the Upper Tribunal which relates to any such decision,

may be superseded by a decision made by the Secretary of State, either on an application made for the purpose or on his own initiative.

(2) In making a decision under subsection (1) above, the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.

(3) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this section.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Subject to subsection (6) and section 27 below, a decision under this section 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 section shall take effect as from such other date as may be prescribed.

(7) In this section—

“appeal tribunal” means an appeal tribunal constituted under Chapter 1 of this Part (the functions of which have been transferred to the First-tier Tribunal);

“Commissioner” means a person appointed as a Social Security Commissioner under Schedule 4 (the functions of whom have been transferred to the Upper Tribunal), and includes a tribunal of such persons.

Finality of decisions

11

(1) Subject to the provisions of this Chapter and the Administration Act, provision may be made by regulations for the making of any decision by the Secretary of State under or in connection with the current legislation, or the former legislation, including a decision on a claim for benefit.

(2) Where it appears to the Secretary of State that a matter before him involves a question of fact requiring special expertise, he may direct that in dealing with that matter he shall have the assistance of one or more experts.

(3) In this section—

“the current legislation” means the Contributions and Benefits Act, the Jobseekers Act ... , the Social Security (Recovery of Benefits) Act 1997, the State Pension Credit Act 2002, Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012, Part 4 of that Act and Part 1 of the Pensions Act 2014, section 30 of that Act and sections 18 to 21 of the Welfare Reform and Work Act 2016;

“expert” means a person appearing to the Secretary of State to have knowledge or experience which would be relevant in determining the question of fact requiring special expertise;

“the former legislation” means the National Insurance Acts 1965 to 1974, the National Insurance (Industrial Injuries) Acts 1965 to 1974, the Social Security Act 1975 and Part II of the Social Security Act 1986.

Appeals

Appeal to appeal tribunal

12

(1) This section applies to any decision of the Secretary of State under section 8 or 10 above (whether as originally made or as revised under section 9 above) which—

(a) is made on a claim for, or on an award of, a relevant benefit, and does not fall within Schedule 2 to this Act; or

(b) is made otherwise than on such a claim or award, and falls within Schedule 3 to this Act; ...

(2) In the case of a decision to which this section applies, the claimant and such other person as may be prescribed shall have a right to appeal to the First-tier Tribunal, but nothing in this subsection shall confer a right of appeal—

(a) in relation to a prescribed decision, or a prescribed determination embodied in or necessary to a decision, or

(b) where regulations under subsection (3A) so provide.

(3) Regulations under subsection (2) above shall not prescribe any decision or determination that relates to the conditions of entitlement to a relevant benefit for which a claim has been validly made or for which no claim is required.

(3A) Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal under subsection (2) in relation to a decision only if the Secretary of State has considered whether to revise the decision under section 9.

(3B) The regulations may in particular provide that that condition is met only where—

(a) the consideration by the Secretary of State was on an application,

(b) the Secretary of State considered issues of a specified description, or

(3C) The references in subsections (3A) and (3B) to regulations and to the Secretary of State are subject to any enactment under or by virtue of which the functions under this Chapter are transferred to or otherwise made exercisable by a person other than the Secretary of State.

(3D) In the case of a decision relating to child benefit or guardian’s allowance, the making of any appeal under this section against the decision as originally made must follow the Commissioners for Her Majesty’s Revenue and Customs first deciding, on an application made for revision of that decision under section 9, not to revise the decision.

(4) Where the Secretary of State has determined that any amount is recoverable under or by virtue of section 71, 71ZB, 71ZG, 71ZH, or 74 of the Administration Act, any person from whom he has determined that it is recoverable shall have the same right of appeal to the First-tier Tribunal as a claimant.

(5) In any case where—

(a) the Secretary of State has made a decision in relation to a claim under Part V of the Contributions and Benefits Act; and

(b) the entitlement to benefit under that Part of that Act of any person other than the claimant is or may be, under Part VI of Schedule 7 to that Act, affected by that decision,

that other person shall have the same right of appeal to the First-tier Tribunal as the claimant.

(6) A person with a right of appeal under this section shall be given such notice of a decision to which this section applies and of that right as may be prescribed.

(7) Regulations may—

(a) make provision as to the manner in which, and the time within which, appeals are to be brought;

(b) provide that, where in accordance with regulations under subsection (3A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under section 9.

(8) In deciding an appeal under this section, the First-tier Tribunal—

(a) need not consider any issue that is not raised by the appeal; and

(b) shall not take into account any circumstances not obtaining at the time when the decision appealed against was made.

(9) The reference in subsection (1) above to a decision under section 10 above is a reference to a decision superseding any such decision as is mentioned in paragraph (a) or (b) of subsection (1) of that section.

Redetermination etc. of appeals by tribunal

13

(1) This section applies where an application is made to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under section 12 or this section.

(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 First-tier Tribunal shall set aside the decision and refer the case for determination by a differently constituted First-tier Tribunal.

(4) In this section and section 14 below “the principal parties” means—

(a) the persons mentioned in subsection (3)(a) and (b) of that section, and

(b) where applicable, the person mentioned in subsection (3)(d) and such a person as is first mentioned in subsection (4) of that section.

Appeal from tribunal to Commissioner

14

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) ... an appeal to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 from any decision of the First-Tier Tribunal under section 12 or 13 above lies at the instance of any of the following—

(a) the Secretary of State;

(b) the claimant and such other person as may be prescribed;

(d) a person from whom it is determined that any amount is recoverable under or by virtue of section 71 or 74 of the Administration Act.

(4) In a case relating to industrial injuries benefit an appeal to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 from any decision of the First-Tier Tribunal under section 12 or 13 above lies at the instance of a person whose entitlement to benefit is, or may be, under Part VI of Schedule 7 to the Contributions and Benefits Act, affected by the decision appealed against, as well as at the instance of any person or body such as is mentioned in subsection (3) above.

(5) The following are the cases in which an appeal lies at the instance of a trade union—

(a) where the claimant is a member of the union at the time of the appeal and was so immediately before the matter in question arose;

(b) where that matter in any way relates to a deceased person who was a member of the union at the time of his death;

(c) where the case relates to industrial injuries benefit and the claimant or, in relation to industrial death benefit, the deceased, was a member of the union at the time of the relevant accident.

(6) Subsections ... (3) and (5) above, as they apply to a trade union, apply also to any other association which exists to promote the interests and welfare of its members.

(7) 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.

(8) Where the Commissioner holds that the decision appealed against was erroneous in point of law, he shall set it aside and—

(a) he shall have power—

(i) to give the decision which he considers the tribunal should have given, if he can do so without making fresh or further findings of fact; or

(ii) if he considers it expedient, to make such findings and to give such decision as he considers appropriate in the light of them; and

(b) in any other case he shall refer the case to a tribunal with directions for its determination.

(9) Subject to any direction of the Commissioner, a reference under subsection (7) or (8)(b) above shall be to a differently constituted tribunal.

(10) No appeal lies under this section without the leave—

(a) of the person who constituted, or was the chairman of, the tribunal when the decision was given or, in a prescribed case, the leave of such other person as may be prescribed; or

(b) subject to and in accordance with regulations, of a Commissioner.

(11) 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.

(12) Schedule 4 to this Act shall have effect with respect to the appointment, remuneration and tenure of office of Commissioners and other matters relating to them.

Appeal from Commissioner on point of law

15

(1) Subject to subsections (2) and (3) below, an appeal on a question of law shall lie to the appropriate court from any decision of a Commissioner.

(2) No appeal under this section shall lie from a decision except—

(a) with the leave of the Commissioner who gave the decision or, in a prescribed case, with the leave of a Commissioner selected in accordance with regulations; or

(b) if he refuses leave, with the leave of the appropriate court.

(3) An application for permission to appeal from a decision of the Upper Tribunal in respect of a decision of the First-tier Tribunal under section 12 or 13 may only be made by—

(a) a person who, before the proceedings before the Upper Tribunal were begun, was entitled to appeal to the Upper Tribunal from the decision to which the Upper Tribunal’s decision relates;

(b) any other person who was a party to the proceedings in which the first decision mentioned in paragraph (a) above was given;

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 section and with respect to the procedure for dealing with such applications.

(4) On an application to a Commissioner for leave under this section it shall be the duty of the Commissioner to specify as the appropriate court—

(a) the Court of Appeal if it appears to him that the relevant place is in England or Wales;

(b) the Court of Session if it appears to him that the relevant place is in Scotland; and

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 paragraphs (a) to (c) above as the appropriate court, it shall be his duty to specify that court as the appropriate court.

(5) In this section—

“the appropriate court”, except in subsection (4) above, means the court specified in pursuance of that subsection;

“the relevant place”, in relation to an application for leave to appeal from a decision of a Commissioner, means the premises where the person or authority whose decision was the subject of the Commissioner’s decision usually exercises his or its functions.

Procedure etc.

Interest and penalties chargeable concurrently with Inland Revenue

16

(1) Regulations (“procedure regulations”) may make any such provision as is specified in Schedule 5 to this Act.

(2) Procedure 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—

(a) that the power to prescribe procedure includes power to make provision as to the representation of one person, at any hearing of a case, by another person whether having professional qualifications or not; and

(b) that the power to provide for the procedure to be followed in connection with the making of decisions by the Secretary of State includes power to make provision with respect to the formulation of the matters to be decided, whether on a reference under section 117 of the Administration Act or otherwise.

(4) Subsection (5) below applies to any issue—

(a) as to whether a Class 1A contribution is payable, or otherwise relating to a Class 1A contribution; or

(b) relating to emoluments in respect of which a Class 1A contribution would be payable but for section 10(8A) of the Contributions and Benefits Act;

and in that subsection, in relation to such an issue, “the relevant person” means the person who is liable or alleged to be liable, or (as the case may be) who would be liable or who it is alleged would be liable, to pay the Class 1A contribution in question.

(5) In proceedings for the determination of an issue to which this subsection applies—

(a) in England and Wales, there shall be available to a witness (other than the relevant person) any privilege against self-incrimination or incrimination of a spouse which is available to a witness in legal proceedings; and

(b) in Scotland, section 3 of the Evidence (Scotland) Act 1853 (competence and compellability of witnesses) shall apply as it applies to civil proceedings except that the relevant person shall have no privilege against self-incrimination.

(6) 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 experts.

In this subsection “expert” means a person appearing to the Commissioner to have knowledge or experience which would be relevant in determining the question of fact of special difficulty.

(7) 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—

(a) an application for leave under section 14(10)(b) above; or

(b) an appeal,

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.

If the decision of the 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 are equally divided.

(8) Where a direction is given under subsection (7)(a) above, section 14(10)(b) above shall have effect as if the reference to a Commissioner were a reference to such a tribunal as is mentioned in subsection (7) above.

(9) Except so far as it may be applied in relation to England and Wales by procedure regulations, Part I of the Arbitration Act 1996 shall not apply to any proceedings under this Chapter.

Evidence of non-payment

17

(1) Subject to the provisions of this Chapter and to any provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007, any decision made in accordance with the foregoing provisions of this Chapter shall be final; and subject to the provisions of any regulations under section 11 above, any decision made in accordance with those regulations 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—

(a) further such decisions;

(b) decisions made under the Child Support Act; and

Matters arising as respects decisions

18

(1) Regulations may make provision as respects matters arising—

(a) pending any decision under this Chapter of the Secretary of State or the First-tier Tribunal, or any decision of the Upper Tribunal which relates to any decision under this Chapter of the First-Tier Tribunal, which relates to—

(i) any claim for a relevant benefit; or

(ii) any person’s entitlement to such a benefit or its receipt; or

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) out of the revision under section 9 above or on appeal of any such decision.

(2) Regulations under subsection (1) above as it applies to child benefit may include provision as to the date from which child benefit is to be payable to a person in respect of a child or qualifying young person in a case where, before the benefit was awarded to that person, child benefit in respect of the child or qualifying young person was awarded to another person.

Medical examinations

Medical examination required by Secretary of State

19

(1) Before making a decision on a claim for a relevant benefit, or as to a person’s entitlement to such a benefit ... , the Secretary of State may refer the person—

(a) in respect of whom the claim is made; or

(b) whose entitlement is at issue,

to a health care professional approved by the Secretary of State for such examination and report as appears to the Secretary of State to be necessary for the purpose of providing him with information for use in making the decision.

(2) Subsection (3) below applies where—

(a) the Secretary of State has exercised the power conferred on him by subsection (1) above; and

(b) the health care professional approved by the Secretary of State requests the person referred to him to attend for or submit himself to medical examination.

(3) If the person fails without good cause to comply with the request, the Secretary of State shall make the decision against him.

Medical examination required by appeal tribunal

20

(1) This section applies where an appeal has been brought under section 12 above against a decision on a claim for a relevant benefit, or as to a person’s entitlement to such a benefit ....

(2) The First-tier Tribunal may, if conditions prescribed by Tribunal Procedure Rules are satisfied, refer the person—

(a) in respect of whom the claim is made; or

(b) whose entitlement is at issue,

to a health care professional approved by the Secretary of State for such examination and report as appears to the First-tier Tribunal to be necessary for the purpose of providing it with information for use in determining the appeal.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) The power under subsection (2) to refer a person to a health care professional approved by the Secretary of State includes power to specify the description of health care professional to whom the person is to be referred.

(3) At a hearing before the First-tier Tribunal, except in cases or circumstances prescribed by Tribunal Procedure Rules, the tribunal—

(a) may not carry out a physical examination of the person mentioned in subsection (2) above; and

(b) may not require that person to undergo any physical test for the purpose of determining whether he satisfies the condition mentioned in section 73(1)(a) of the Contributions and Benefits Act.

Suspension and termination of benefit

Suspension in prescribed circumstances

21

(1) Regulations may provide for—

(a) suspending payments of a relevant benefit, in whole or in part, in prescribed circumstances;

(b) the subsequent making in prescribed circumstances of any or all of the payments so suspended.

(2) Regulations made under subsection (1) above may, in particular, make provision for any case where—

(a) it appears to the Secretary of State that an issue arises whether the conditions for entitlement to a relevant benefit are or were fulfilled;

(b) it appears to the Secretary of State that an issue arises whether a decision as to an award of a relevant benefit should be revised (under section 9 above) or superseded (under section 10 above);

(d) an appeal is pending against the decision given in a different case by the Upper Tribunal or a court, and it appears to the Secretary of State that if the appeal were to be determined in a particular way an issue would arise whether the award of a relevant benefit (whether the same benefit or not) in the case itself ought to be revised or superseded.

(3) For the purposes of subsection (2) above, an appeal against a decision is pending if—

(a) an appeal against the decision has been brought but not determined;

(b) an application for permission to appeal against the decision has been made but not determined; or

(c) in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for permission to appeal against the decision has not been made) but the time for doing so has not yet expired.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension for failure to furnish information etc

22

(1) The powers conferred by this section are exercisable in relation to persons who fail to comply with information requirements.

(2) Regulations may provide for—

(a) suspending payments of a relevant benefit, in whole or in part;

(b) the subsequent making in prescribed circumstances of any or all of the payments so suspended.

(3) In this section and section 23 below “information requirement” means a requirement, made in pursuance of regulations under section 5(1A) of the Administration Act, to furnish information or evidence needed for a determination whether a decision on an award of benefit to which that section applies should be revised under section 9 or superseded under section 10 above.

(4) Subsection (3A) of section 5 of the Administration Act (which glosses paragraph (hh) in the case of state pension credit) shall apply in relation to subsection (3) above as it applies in relation to paragraph (hh) of subsection (1) of that section.

Reviews of determinations

23

Regulations may provide that, except in prescribed cases or circumstances, a person—

(a) whose benefit has been suspended in accordance with regulations under section 21 above and who subsequently fails to comply with an information requirement; or

(b) whose benefit has been suspended in accordance with regulations under section 22 above for failing to comply with such a requirement,

shall cease to be entitled to the benefit from a date not earlier than the date on which payments were suspended.

Decision that accident is an industrial accident

24

Regulations may make provision—

(a) enabling the Secretary of State to require a person to whom a relevant benefit has been awarded to submit to medical examination;

(b) for suspending payments of benefit, in whole or in part, in a case of a person who fails to submit himself to a medical examination to which he is required to submit in accordance with regulations under paragraph (a) above;

(d) for entitlement to the benefit to cease, except in prescribed cases or circumstances, from a date not earlier than the date on which payments were suspended.

Decisions and appeals dependent on other cases

Decisions involving issues that arise on appeal in other cases

25

(1) This section applies where—

(a) a decision by the Secretary of State falls to be made under section 8, 9 or 10 above in relation to a particular case; and

(b) an appeal is pending against the decision given in another case by the Upper Tribunal or a court (whether or not the two cases concern the same benefit).

(2) In a case relating to a relevant benefit, the Secretary of State need not make the decision while the appeal is pending if he considers 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 the Secretary of State considers 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—

(a) he need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending;

(b) he may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed.

(4) Where the Secretary of State acts in accordance with subsection (3)(b) above, following the determination of the appeal he shall if appropriate revise his decision (under section 9 above) in accordance with that determination.

(5) For the purposes of this section, an appeal against a decision is pending if—

(a) an appeal against the decision has been brought but not determined;

(b) an application for leave to appeal against the decision has been made but not determined; or

(c) in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.

(6) In paragraphs (a), (b) and (c) of subsection (5) above, any reference to an appeal, or an application for leave to appeal, against a decision includes a reference to—

(a) an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or

(b) an application to the supervisory jurisdiction of the Court of Session in respect of the decision.

Class 1B contributions: supplemental

26

(1) This section applies where—

(a) an appeal (“appeal A”) in relation to a decision under section 8, 9 or 10 above is made to the First-tier Tribunal, or from the First-tier Tribunal to the Upper Tribunal; and

(b) an appeal (“appeal B”) is pending against a decision given in a different case by the Upper Tribunal or a court (whether or not the two appeals concern the same benefit).

(2) If the Secretary of State considers 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, he may serve notice requiring the First-tier Tribunal or Upper Tribunal—

(a) not to determine appeal A but to refer it to him; or

(b) to deal with the appeal in accordance with subsection (4) below.

(3) Where appeal A is referred to the Secretary of State under subsection (2)(a) above, following the determination of appeal B and in accordance with that determination, he shall if appropriate—

(a) in a case where appeal A has not been determined by the First-tier Tribunal, revise (under section 9 above) his decision which gave rise to that appeal; or

(b) in a case where appeal A has been determined by the First-tier Tribunal, make a decision (under section 10 above) superseding the tribunal’s decision.

(4) Where appeal A is to be dealt with in accordance with this subsection, the First-tier Tribunal or Upper Tribunal shall either—

(a) stay appeal A until appeal B is determined; or

(b) if the First-tier Tribunal or Upper Tribunal considers it to be in the interests of the appellant to do so, determine appeal A as if—

(i) appeal B had already been determined; and

(ii) the issues arising on appeal B had been decided in the way that was most unfavourable to the appellant.

In this subsection “the appellant” means the person who appealed or, as the case may be, first appealed against the decision mentioned in subsection (1)(a) above.

(5) Where the First-tier Tribunal or Upper Tribunal acts in accordance with subsection (4)(b) above, following the determination of appeal B the Secretary of State shall, if appropriate, make a decision (under section 10 above) superseding the decision of the First-tier Tribunal or Upper Tribunal in accordance with that determination.

(6) For the purposes of this section, an appeal against a decision is pending if—

(a) an appeal against the decision has been brought but not determined;

(b) an application for leave to appeal against the decision has been made but not determined; or

(c) in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.

(7) In this section—

(a) the reference in subsection (1)(a) above to an appeal to the Upper Tribunal includes a reference to an application for leave to appeal to the Upper Tribunal; and

(b) any reference in paragraph (a), (b) or (c) of subsection (6) above to an appeal, or to an application for leave to appeal, against a decision includes a reference to—

(i) an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or

(ii) an application to the supervisory jurisdiction of the Court of Session in respect of the decision.

(8) Regulations may make provision supplementing that made by this section.

Cases of error

Restrictions on entitlement to benefit in certain cases of error

27

(1) Subject to subsection (2) below, this section applies where—

(a) the effect of the determination, whenever made, of an appeal to the Upper Tribunal or the court (“the relevant determination”) is that the adjudicating authority’s decision out of which the appeal arose was erroneous in point of law; and

(b) after the date of the relevant determination a decision falls to be made by the Secretary of State in accordance with that determination (or would, apart from this section, fall to be so made)—

(i) in relation to a claim for benefit;

(ii) as to whether to revise, under section 9 above, a decision as to a person’s entitlement to benefit; or

(iii) on an application made under section 10 above for a decision as to a person’s entitlement to benefit to be superseded.

(2) This section does not apply where the decision of the Secretary of State mentioned in subsection (1)(b) above—

(a) is one which, but for section 25(2) or (3)(a) above, would have been made before the date of the relevant determination; or

(b) is one made in pursuance of section 26(3) or (5) above.

(3) In so far as the decision relates to a person’s entitlement to a benefit in respect of—

(a) a period before the date of the relevant determination; or

(b) in the case of a widow’s payment, a death occurring before that date,

it shall be made as if the adjudicating authority’s decision had been found by the Upper Tribunal or court not to have been erroneous in point of law.

(4) In deciding whether a person is entitled to benefit in a case where his entitlement depends on his having been entitled to the same or some other benefit before attaining a particular age, subsection (3) above shall be disregarded for the purpose only of deciding whether he was so entitled before attaining that age.

(5) Subsection (1)(a) above shall be read as including a case where—

(a) the effect of the relevant determination is that part or all of a purported regulation or order is invalid; and

(b) the error of law made by the adjudicating authority was to act on the basis that the purported regulation or order (or the part held to be invalid) was valid.

(6) It is immaterial for the purposes of subsection (1) above—

(a) where such a decision as is mentioned in paragraph (b)(i) falls to be made, whether the claim was made before or after the date of the relevant determination;

(b) where such a decision as is mentioned in paragraph (b)(ii) or (iii) falls to be made on an application under section 9 or (as the case may be) 10 above, whether the application was made before or after that date.

(7) In this section—

“adjudicating authority” means—the Secretary of State;any former officer, tribunal or body; orany officer, tribunal or body in Northern Ireland corresponding to a former officer, tribunal or body;

“benefit” means—benefit under Parts II to V of the Contributions and Benefits Act, other than Old Cases payments;benefit under Part II of the Social Security Act 1975 (in respect of a period before 1st July 1992 but not before 6th April 1975);benefit under the National Insurance Act 1946 or 1965, or the National Insurance (Industrial Injuries) Act 1946 or 1965 (in respect of a period before 6th April 1975);a jobseeker’s allowance;state pension credit; an employment and support allowance; personal independence payment; bereavement support payment under section 30 of the Pensions Act 2014; any benefit corresponding to a benefit mentioned in paragraphs (a) to (dg) above; anduniversal credit;state pension or a lump sum under Part 1 of the Pensions Act 2014;

“the court” means the High Court, the Court of Appeal, the Court of Session, the High Court or Court of Appeal in Northern Ireland, the Supreme Court or the Court of Justice of the European Union;

“former officer, tribunal or body” means any of the following, that is to say—an adjudication officer or, in the case of a decision given on a reference under section 21(2) or 25(1) of the Administration Act, a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal;an adjudicating medical practitioner appointed under section 49 of that Act or a specially qualified adjudicating medical practitioner appointed in accordance with regulations under section 62(2) of that Act; orthe National Assistance Board, the Supplementary Benefits Commission, the Attendance Allowance Board, a benefit officer, an insurance officer or a supplement officer.

(8) For the purposes of this section, any reference to entitlement to benefit includes a reference to entitlement—

(a) to any increase in the rate of a benefit; or

(b) to a benefit, or increase of benefit, at a particular rate.

(9) The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this section in accordance with any regulations made for that purpose.

(10) Regulations made under subsection (9) above may include provision—

(a) for a 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 the Upper Tribunal; or

(b) for a determination of a lower court or the Upper Tribunal to be treated as if it had been made on the date of a determination of a higher court.

Correction of errors and setting aside of decisions

28

(1) Regulations may make provision with respect to—

(a) the correction of accidental errors in any decision of the Secretary of State or record of a decision of the Secretary of State made under any relevant enactment; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) In subsection (1) “decision” does not include any decision of the First-tier Tribunal or any decision made by an officer of the Inland Revenue, other than a decision under or by virtue of Part III of the Pension Schemes Act 1993.

(2) Nothing in subsection (1) above shall be construed as derogating from any power to correct errors ... which is exercisable apart from regulations made by virtue of that subsection.

(3) In this section “relevant enactment” means any enactment contained in—

(a) this Chapter;

(b) the Contributions and Benefits Act;

(d) the Jobseekers Act; ...

(e) the Social Security (Recovery of Benefits) Act 1997; ...

(f) the State Pension Credit Act 2002; ...

(g) Part 1 of the Welfare Reform Act 2007;

(h) Part 1 of the Welfare Reform Act 2012; ...

(i) Part 4 of that Act; ...

(j) Part 1 of the Pensions Act 2014 or section 30 of that Act; or

(k) sections 18 to 21 of the Welfare Reform and Work Act 2016.

Industrial accidents

Regulations and orders

29

(1) Where, in connection with any claim for industrial injuries benefit, it is decided that the relevant accident was or was not an industrial accident—

(a) an express declaration of that fact shall be made and recorded; and

(b) subject to subsection (3) below, a claimant shall be entitled to have the issue whether the relevant accident was an industrial accident decided notwithstanding that his claim is disallowed on other grounds.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State, the First-tier Tribunal or the Upper Tribunal (as the case may be) may refuse to decide the issue whether an accident was an industrial accident if satisfied that it is unlikely to be necessary to decide the issue for the purposes of any claim for benefit; and this Chapter shall apply as if any such refusal were a decision on the issue.

(4) Subject to sections 9 to 15 above, any declaration under this section that an accident was or was not an industrial accident shall be conclusive for the purposes of any claim for industrial injuries benefit in respect of that accident.

(5) Where subsection (4) above applies—

(a) in relation to a death occurring before 11th April 1988; or

(b) for the purposes of section 60(2) of the Contributions and Benefits Act,

it shall have effect as if at the end there were added the words “whether or not the claimant is the person at whose instance the declaration was made”.

(6) For the purposes of this section (but subject to section 30 below), an accident whereby a person suffers personal injury shall be deemed, in relation to him, to be an industrial accident if—

(a) it arises out of and in the course of his employment;

(b) that employment is employed earner’s employment for the purposes of Part V of the Contributions and Benefits Act; and

(c) payment of benefit is not under section 94(5) of that Act precluded because the accident happened while he was outside Great Britain.

(7) A decision under this section shall be final except that sections 9 and 10 above apply to a decision under this section that an accident was or was not an industrial accident as they apply to a decision under section 8 above if, but only if, the Secretary of State is satisfied that the decision under this section was given in consequence of any wilful non-disclosure or misrepresentation of a material fact.

Effect of decision

30

(1) A decision ... that an accident was an industrial accident is to be taken as determining only that paragraphs (a), (b) and (c) of subsection (6) of that section are satisfied in relation to the accident.

(2) Subject to subsections (3) and (4) below, no such decision is to be taken as importing a decision as to the origin of any injury or disability suffered by the claimant, whether or not there is an event identifiable as an accident apart from any injury that may have been received.

(3) A decision that, on a particular occasion when there was no event so identifiable, a person had an industrial accident by reason of an injury shall be treated as a decision that, if the injury was suffered by accident on that occasion, the accident was an industrial accident.

(4) A decision that an accident was an industrial accident may be given, and a declaration to that effect be made and recorded in accordance with section 29 above, without its having been found that personal injury resulted from the accident.

(5) Subsection (4) above has effect subject to the discretion under section 29(3) above to refuse to decide the issue if it is unlikely to be necessary for the purposes of a claim for benefit.

Other special cases

Incapacity for work

31

(1) Regulations may provide that a determination that a person is disqualified for any period in accordance with regulations under section 171E of the Contributions and Benefits Act shall have effect for such purposes as may be prescribed as a determination that he is to be treated as capable of work for that period, and vice versa.

(1A) Regulations may provide that a determination that a person is disqualified for any period in accordance with regulations under section 18(1) to (3) of the Welfare Reform Act 2007 shall have effect for such purposes as may be prescribed as a determination that he is to be treated as not having limited capability for work for that period, and vice versa.

(2) Provision may be made by regulations for matters of such descriptions as may be prescribed to be determined by the Secretary of State, notwithstanding that other matters fall to be determined by another authority.

(3) Nothing in this section shall be taken to prejudice the generality of the power conferred by section 17(2) above.

Industrial diseases

32

Regulations shall provide for applying the provisions of this Chapter, subject to any prescribed additions or modifications, in relation to decisions made or falling to be made under sections 108 to 110 of the Contributions and Benefits Act.

Christmas bonus

33

(1) A decision by the Secretary of State that a person is entitled or not entitled to payment of a qualifying benefit in respect of a period which includes a day in the relevant week shall be conclusive for the purposes of section 148 of the Contributions and Benefits Act.

(2) In this section, expressions to which a meaning is assigned by section 150 of that Act have that meaning.

Housing benefit and council tax benefit

Determination of claims and reviews

34

(1) Regulations shall provide that, where a person claims—

(a) housing benefit; or

(b) council tax benefit,

the authority to whom the claim is made shall notify the person of its determination of the claim.

(2) Any such notification shall be given in such form as may be prescribed.

(3) Regulations may make provision requiring authorities to whom claims for housing benefit or council tax benefit are made by, or in respect of, persons who have been entitled to a jobseeker’s allowance or to income support or state pension credit to give priority, in prescribed circumstances, to those claims over other claims for any such benefit.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension of benefit in prescribed circumstances

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appropriate officers

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation etc. of Chapter II

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplemental

Transitory provisions

39

(1) In this Chapter—

“appeal tribunal” means an appeal tribunal constituted under Chapter I of this Part;

“claimant”, in relation to a joint-claim couple claiming a joint-claim jobseeker’s allowance (within the meaning of the Jobseekers Act 1995), means the couple or either member of the couple;

“Commissioner” (except in the expression “tax appeal Commissioners”) means the Chief Social Security Commissioner or any other Social Security Commissioner, and includes a tribunal of three or more Commissioners constituted under section 16(7) above;

“claimant”, in relation to a couple jointly claiming universal credit, means the couple or either member of the couple;

“health care professional” means— a registered medical practitioner,a registered nurse,an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999, ora member of such other profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 as the Secretary of State may prescribe;

“relevant benefit” has the meaning given by section 8(3) above.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) In this Chapter—

(a) a reference to a benefit includes a reference to a loan under section 18 of the Welfare Reform and Work Act 2016;

(b) a reference to a claim for a benefit includes a reference to an application for a loan under section 18 of the Welfare Reform and Work Act 2016;

(c) a reference to a claimant includes a reference to an applicant for a loan under section 18 of the Welfare Reform and Work Act 2016 or, in relation to a couple jointly applying for a loan under that section, a reference to the couple or either member of the couple;

(d) a reference to an award of a benefit to a person includes a reference to a decision that a person is eligible for a loan under section 18 of the Welfare Reform and Work Act 2016;

(e) a reference to entitlement to a benefit includes a reference to eligibility for a loan under section 18 of the Welfare Reform and Work Act 2016.

(2) Expressions used in this Chapter to which a meaning is assigned by section 191 of the Administration Act have that meaning in this Chapter.

(3) Part II of the Administration Act, which is superseded by the foregoing provisions of this Chapter, shall cease to have effect.

Chapter III — Other Decisions and Appeals

Child support

Child support: revision of decisions

40

For section 16 of the Child Support Act there shall be substituted the following section—

(16) (1) Any decision of the Secretary of State under section 11, 12 or 17 may be revised 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; and regulations may prescribe the procedure by which a decision of the Secretary of State may be so revised. (2) In making a decision under subsection (1), the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative. (3) Subject to subsections (4) and (5) and section 28ZC, a revision under this section 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 section shall take effect as from such other date as may be prescribed. (5) Where a decision is revised under this section, 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 Secretary of State shall lapse if the decision is revised under this section before the appeal is determined.

Child support: decisions superseding earlier decisions

41

For sections 17 to 19 of the Child Support Act there shall be substituted the following section—

(17) (1) Subject to subsection (2), the following, namely— (a) any decision of the Secretary of State under section 11 or 12 or this section, whether as originally made or as revised under section 16; (b) any decision of an appeal tribunal under section 20; and (c) any decision of a Child Support Commissioner on an appeal from such a decision as is mentioned in paragraph (b), may be superseded by a decision made by the Secretary of State, either on an application made for the purpose or on his own initiative. (2) In making a decision under subsection (1), the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative. (3) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this section. (4) Subject to subsection (5) and section 28ZC, a decision under this section shall take effect as from the date on which it is made or, where applicable, the date on which the application was made. (5) Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed.

Child support: appeals to appeal tribunals

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Child support: decisions and appeals dependent on other cases

43

After section 28 of the Child Support Act there shall be inserted the following sections—

(28ZA) (1) This section applies where— (a) a decision by the Secretary of State falls to be made under section 11, 12, 16 or 17 in relation to a maintenance assessment; and (b) an appeal is pending against a decision given in relation to a different maintenance assessment by a Child Support Commissioner or a court. (2) If the Secretary of State considers it possible that the result of the appeal will be such that, if it were already determined, it would affect the decision in some way— (a) he need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending; (b) he may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed. (3) Where the Secretary of State acts in accordance with subsection (2)(b), following the determination of the appeal he shall if appropriate revise his decision (under section 16) in accordance with that determination. (4) For the purposes of this section, an appeal against a decision is pending if— (a) an appeal against the decision has been brought but not determined; (b) an application for leave to appeal against the decision has been made but not determined; or (c) in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired. (5) In paragraphs (a), (b) and (c) of subsection (4), any reference to an appeal, or an application for leave to appeal, against a decision includes a reference to— (a) an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or (b) an application to the supervisory jurisdiction of the Court of Session in respect of the decision. (28ZB) (1) This section applies where— (a) an appeal (“appeal A”) in relation to a decision falling within section 20(1) or (3), or an assessment falling within section 20(2), is made to an appeal tribunal, or from an appeal tribunal to a Child Support Commissioner; and (b) an appeal (“appeal B”) is pending against a decision given in a different case by a Child Support Commissioner or a court. (2) If the Secretary of State considers 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, he may serve notice requiring the tribunal or Child Support Commissioner— (a) not to determine appeal A but to refer it to him; or (b) to deal with the appeal in accordance with subsection (4). (3) Where appeal A is referred to the Secretary of State under subsection (2)(a), following the determination of appeal B and in accordance with that determination, he shall if appropriate— (a) in a case where appeal A has not been determined by the tribunal, revise (under section 16) his decision which gave rise to that appeal; or (b) in a case where appeal A has been determined by the tribunal, make a decision (under section 17) superseding the tribunal’s decision. (4) Where appeal A is to be dealt with in accordance with this subsection, the appeal tribunal or Child Support Commissioner shall either— (a) stay appeal A until appeal B is determined; or (b) if the tribunal or Child Support Commissioner considers it to be in the interests of the appellant to do so, determine appeal A as if— (i) appeal B had already been determined; and (ii) the issues arising on appeal B had been decided in the way that was most unfavourable to the appellant. In this subsection “the appellant” means the person who appealed or, as the case may be, first appealed against the decision or assessment mentioned in subsection (1)(a). (5) Where the appeal tribunal or Child Support Commissioner acts in accordance with subsection (4)(b), following the determination of appeal B the Secretary of State shall, if appropriate, make a decision (under section 17) superseding the decision of the tribunal or Child Support Commissioner in accordance with that determination. (6) For the purposes of this section, an appeal against a decision is pending if— (a) an appeal against the decision has been brought but not determined; (b) an application for leave to appeal against the decision has been made but not determined; or (c) in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired. (7) In this section— (a) the reference in subsection (1)(a) to an appeal to a Child Support Commissioner includes a reference to an application for leave to appeal to a Child Support Commissioner; and (b) any reference in paragraph (a), (b) or (c) of subsection (6) to an appeal, or to an application for leave to appeal, against a decision includes a reference to— (i) an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or (ii) an application to the supervisory jurisdiction of the Court of Session in respect of the decision. (8) Regulations may make provision supplementing that made by this section.

Child support: cases of error

44

After section 28ZB of the Child Support Act there shall be inserted the following sections—

(28ZC) (1) Subject to subsection (2), this section applies where— (a) the effect of the determination, whenever made, of an appeal to a Child Support Commissioner or the court (“the relevant determination”) is that the adjudicating authority’s decision out of which the appeal arose was erroneous in point of law; and (b) after the date of the relevant determination a decision falls to be made by the Secretary of State in accordance with that determination (or would, apart from this section, fall to be so made)— (i) with respect to an application for a maintenance assessment (made after the commencement date); (ii) as to whether to revise, under section 16, a decision (made after the commencement date) with respect to such an assessment; or (iii) on an application under section 17 (made after the commencement date) for a decision with respect to such an assessment to be superseded. (2) This section does not apply where the decision of the Secretary of State mentioned in subsection (1)(b)— (a) is one which, but for section 28ZA(2)(a), would have been made before the date of the relevant determination; or (b) is one made in pursuance of section 28ZB(3) or (5). (3) In so far as the decision relates to a person’s liability in respect of a period before the date of the relevant determination, it shall be made as if the adjudicating authority’s decision had been found by the Commissioner or court not to have been erroneous in point of law. (4) Subsection (1)(a) shall be read as including a case where— (a) the effect of the relevant determination is that part or all of a purported regulation or order is invalid; and (b) the error of law made by the adjudicating authority was to act on the basis that the purported regulation or order (or the part held to be invalid) was valid. (5) It is immaterial for the purposes of subsection (1)— (a) where such a decision as is mentioned in paragraph (b)(i) falls to be made; or (b) where such a decision as is mentioned in paragraph (b)(ii) or (iii) falls to be made on an application under section 16 or (as the case may be) section 17, whether the application was made before or after the date of the relevant determination. (6) In this section— - “adjudicating authority” means the Secretary of State, or a child support officer; - “the commencement date” means the date of the coming into force of section 44 of the Social Security Act 1998; and - “the court” means the High Court, the Court of Appeal, the Court of Session, the High Court or Court of Appeal in Northern Ireland, the House of Lords or the Court of Justice of the European Union. (7) The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this section in accordance with any regulations made for that purpose. (8) Regulations made under subsection (7) may include provision— (a) for a 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 a Child Support Commissioner; or (b) for a determination of a lower court or a Child Support Commissioner to be treated as if it had been made on the date of a determination of a higher court. (28ZD) (1) Regulations may make provision with respect to— (a) the correction of accidental errors in any decision or record of a decision given under this Act; and (b) the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that— (i) a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party’s representative or was not received at an appropriate time by the body or person who gave the decision; or (ii) a party to the proceedings or a party’s representative was not present at a hearing related to the proceedings. (2) Nothing in subsection (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 subsection.

Vaccine damage payments

Vaccine damage payments: decisions reversing earlier decisions

45

After section 3 of the Vaccine Damage Payments Act there shall be inserted the following section—

(3A) (1) Subject to subsection (2) below, any decision of the Secretary of State under section 3 above or this section, and any decision of an appeal tribunal under section 4 below, may be reversed by a decision made 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) In making a decision under subsection (1) above, the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative. (3) Regulations may prescribe the procedure by which a decision may be made under this section. (4) Such notice as may be prescribed by regulations shall be given of a decision under this section. (5) Except as provided by section 5(4) below, no payment under section 1(1) above shall be recoverable by virtue of a decision under this section. (6) In this section and sections 4 and 8 below “appeal tribunal” means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998.

Vaccine damage payments: appeals to appeal tribunals

46

For section 4 of the Vaccine Damage Payments Act there shall be substituted the following section—

(4) (1) The claimant may appeal to an appeal tribunal against any decision of the Secretary of State under section 3 or 3A above. (2) Regulations may make— (a) provision as to the manner in which, and the time within which, appeals are to be brought; and (b) such provision with respect to proceedings before appeal tribunals as the Secretary of State considers appropriate. (3) The regulations may in particular make any provision of a kind mentioned in Schedule 5 to the Social Security Act 1998. (4) In deciding an appeal under this section, an appeal tribunal shall consider all the circumstances of the case (including any not obtaining at the time when the decision appealed against was made).

Vaccine damage payments: correction of errors etc

47

After section 7 of the Vaccine Damage Payments Act there shall be inserted the following section—

(7A) (1) Regulations may make provision with respect to— (a) the correction of accidental errors in any decision or record of a decision under section 3, 3A or 4 of this Act; and (b) the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that— (i) a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party’s representative or was not received at an appropriate time by the body or person who gave the decision; or (ii) a party to the proceedings or a party’s representative was not present at a hearing related to the proceedings. (2) Nothing in subsection (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 subsection.

Part II — Contributions

Amendments of Contributions and Benefits Act

Apportionment of payments etc. made for more than one earner

48

After subsection (2) of section 3 of the Contributions and Benefits Act (“earnings” and “earner”) there shall be inserted the following subsection—

(2A) Regulations made for the purposes of subsection (2) above may provide that, where a payment is made or a benefit provided to or for the benefit of two or more earners, a proportion (determined in such manner as may be prescribed) of the amount or value of the payment or benefit shall be attributed to each earner.

Payments on account of directors' contributions

49

After subsection (3) of section 3 of the Contributions and Benefits Act there shall be inserted the following subsections—

(4) Subsection (5) below applies to regulations made for the purposes of subsection (2) above which make special provision with respect to the earnings periods of directors and former directors of companies. (5) Regulations to which this subsection applies may make provision— (a) for enabling companies, and directors and former directors of companies, to pay on account of any earnings-related contributions that may become payable by them such amounts as would be payable by way of such contributions if the special provision had not been made; and (b) for requiring any payments made in accordance with the regulations to be treated, for prescribed purposes, as if they were the contributions on account of which they were made.

Payments treated as remuneration and earnings

50

(1) For subsection (4) of section 4 of the Contributions and Benefits Act (payments treated as remuneration and earnings) there shall be substituted the following subsection—

(4) For the purposes of section 3 above there shall be treated as remuneration derived from an employed earner’s employment— (a) any gain on which the earner is chargeable to tax by virtue of section 135 (gains by directors and employees from share options) of the Income and Corporation Taxes Act 1988 (“the 1988 Act”); (b) any sum paid (or treated as paid) to or for the benefit of the earner which is chargeable to tax by virtue of section 313 of the 1988 Act (taxation of consideration for certain restrictive undertakings).

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subsection (1) above, so far as relating to a sum which is chargeable to tax by virtue of section 313 of the Income and Corporation Taxes Act 1988, shall have effect in relation to any undertaking given on or after 10th July 1997.

(4) Regulations under subsection (6) of section 4 of the Contributions and Benefits Act (as inserted by subsection (2) above)—

(a) shall not be made before the passing of the Finance Act 1998; but

(b) may make provision having effect in relation to acquisitions on or after 6th April 1998.

Class 1 contributions

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class 1A contributions

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class 1B contributions

53

After section 10 of the Contributions and Benefits Act there shall be inserted the following section—

(10A) (1) Where for any tax year a person is accountable to the Inland Revenue in respect of income tax on emoluments of his employees in accordance with a PAYE settlement agreement, a Class 1B contribution shall be payable by him for that tax year in accordance with this section. (2) The Class 1B contribution referred to in subsection (1) above is payable in respect of— (a) the amount of any of the emoluments included in the PAYE settlement agreement which are chargeable emoluments; and (b) the total amount of income tax in respect of which the person is accountable for the tax year in accordance with the PAYE settlement agreement. (3) The amount of the Class 1B contribution referred to in subsection (1) above shall be the Class 1B percentage of the aggregate of the amounts mentioned in paragraphs (a) and (b) of subsection (2) above. (4) Emoluments are chargeable emoluments for the purposes of subsection (2) above if, apart from section 6(2A) or 10(8A) above, the person accountable in accordance with the PAYE settlement agreement would be liable or entitled to pay secondary Class 1 contributions or Class 1A contributions in respect of them. (5) Where— (a) the PAYE settlement agreement was entered into after the beginning of the tax year; and (b) Class 1 contributions were due in respect of any emoluments before it was entered into, those emoluments shall not be taken to be included in the PAYE settlement agreement. (6) For the purposes of subsection (3) above the Class 1B percentage shall be 12.2 per cent, but the percentage is subject to alteration under section 143A of the Administration Act. (7) Regulations may provide for persons to be excepted in prescribed circumstances from liability to pay Class 1B contributions.

Contributions paid in error

54

After section 19 of the Contributions and Benefits Act there shall be inserted the following section—

(19A) (1) This section applies where— (a) payments by way of Class 1, Class 1A or Class 1B contributions are made in respect of earnings paid to or for the benefit of an earner (or in respect of a benefit made available to an earner) in 1998-99 or a subsequent tax year (“year 1”); (b) the payments are made in error, in that the employment from which the earnings are derived (or by reason of which the benefit is made available) is not employed earner’s employment; and (c) the person making the payments has not been notified of the error by the Secretary of State before the end of the tax year following year 1 (“year 2”). (2) After the end of year 2 the earner shall, except in such circumstances as may be prescribed, be treated for all purposes relating to— (a) contributions and contributory benefits; and (b) statutory sick pay and statutory maternity pay, as if the earnings were derived from (or the benefit were made available by reason of) employed earner’s employment.

Recovery of primary Class 1 contributions by secondary contributors

55

In paragraph 3 of Schedule 1 to the Contributions and Benefits Act (supplementary provisions as to contributions)—

(a) in sub-paragraph (3), for the words from “and notwithstanding” to “any enactment” there shall be substituted the words “and, subject to sub-paragraph (4) below but notwithstanding any other provision in any enactment”;

(b) after that sub-paragraph there shall be inserted the following sub-paragraphs—

(4) Sub-paragraph (5) below applies in a case where— (a) a person (“the employee”) ceases in a particular tax year (“the cessation year”) to be employed by a particular employer (“the employer”); and (b) the employee receives from the employer in the cessation year, after the cessation of the employment, earnings in a form other than money (“non-monetary earnings”). (5) If and to the extent that regulations so provide, the employer may recover from the employee in such manner as may be prescribed any primary Class 1 contributions paid or to be paid by him on the employee’s behalf in respect of— (a) the non-monetary earnings mentioned in sub-paragraph (4) above; or (b) any non-monetary earnings received by the employee from the employer in the cessation year before the cessation of the employment, which he was unable to recover by deduction from the employee’s earnings.

Contributions returns

56

(1) In sub-paragraph (3) of paragraph 7 of Schedule 1 to the Contributions and Benefits Act—

(a) for the words “is liable to” there shall be substituted the words “has been required to pay”; and

(b) for the words “be liable to” there shall be substituted the words “be required to pay”.

(2) After that paragraph there shall be inserted the following paragraph—

(7A) (1) This paragraph applies where paragraph 7 above applies; and in this paragraph “contributions return” has the same meaning as in that paragraph. (2) Without prejudice to paragraph 7(2) above or to the powers of the Inland Revenue to penalise omissions or errors in returns, regulations may provide for the Secretary of State to impose penalties in respect of a person who, in making a contributions return, fraudulently or negligently— (a) fails to provide any information or computation that he is required to provide; or (b) provides any such information or computation that is incorrect. (3) Regulations under sub-paragraph (2) above shall— (a) prescribe the rates of penalty, or provide for how they are to be ascertained; (b) provide for the penalty to be imposed by the Secretary of State within six years after the date on which the penalty is incurred; (c) provide for determining the date on which, for the purposes of paragraph (b) above, the penalty is incurred; (d) prescribe the means by which the penalty is to be enforced; and (e) provide for enabling the Secretary of State, in his discretion, to mitigate or to remit the penalty, or to stay or to compound any proceedings for it.

Collection of contributions by Secretary of State

57

After paragraph 7A of Schedule 1 to the Contributions and Benefits Act there shall be inserted the following paragraph—

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Social Security Act 1998

Part I — Decisions and Appeals

Chapter I — General

Decisions

Child support: decisions superseding earlier decisions

1

Use of computers

2

Use of information

3

Appeals

Unified appeal tribunals

4

President of appeal tribunals

5

Panel for appointment to appeal tribunals

6

Appeal to appeal tribunal

7

Chapter II — Social Security Decisions and Appeals

Decisions

Decisions by Secretary of State

8

Revision of decisions

9

Vaccine damage payments: decisions reversing earlier decisions

10

Finality of decisions

11

Appeals

Appeal to appeal tribunal

12

Redetermination etc. of appeals by tribunal

13

Appeal from tribunal to Commissioner

14

Appeal from Commissioner on point of law

15

Procedure etc.

Interest and penalties chargeable concurrently with Inland Revenue

16

Evidence of non-payment

17

Matters arising as respects decisions

18

Medical examinations

Medical examination required by Secretary of State

19

Medical examination required by appeal tribunal

20

Suspension and termination of benefit

Suspension in prescribed circumstances

21

Suspension for failure to furnish information etc

22

Reviews of determinations

23

Decision that accident is an industrial accident

24

Decisions and appeals dependent on other cases

Decisions involving issues that arise on appeal in other cases

25

Class 1B contributions: supplemental

26

Cases of error

Restrictions on entitlement to benefit in certain cases of error

27

Correction of errors and setting aside of decisions

28

Industrial accidents

Regulations and orders

29

Effect of decision

30

Other special cases

Incapacity for work

31

Industrial diseases

32

Christmas bonus