Social Security Act 1998

• (iii) section 159B(1)(b) of that Act (state pension credit), or

• (iv) section 159C(1)(b) of that Act (employment and support allowance); or

• (v) section 159D(1)(b) of that Act (universal credit).

Increases in income support due to attainment of particular ages

7

A decision as to the amount of benefit to which a person is entitled, where it appears to the Secretary of State that the amount is determined by the recipient’s entitlement to an increased amount of income support or income-based jobseeker’s allowance in the circumstances referred to in section 160(2) or 160A(2) of the Administration Act.

Reduction in accordance with reduced benefit decision

8

A decision to reduce the amount of a person’s benefit in accordance with a reduced benefit decision (within the meaning of section 46 of the Child Support Act).

Power to prescribe other decisions

9

Such other decisions as may be prescribed.

SCHEDULE 3

Part I — Benefit decisions

Entitlement to benefit without a claim

1

In such cases or circumstances as may be prescribed, a decision whether a person is entitled to a relevant benefit for which no claim is required.

2

If so, a decision as to the amount to which he is entitled.

Payability of benefit

3

A decision whether a relevant benefit (or a component of a relevant benefit) to which a person is entitled is not payable by reason of—

• (a) any provision of the Contributions and Benefits Act by which the person is disqualified for receiving benefit;

• (b) regulations made under section 72(8) of that Act (disability living allowance);

• (c) regulations made under section 113(2) of that Act (suspension of payment); or

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

• (da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (f) section 6B, 7, 8 or 9 of the Social Security Fraud Act 2001; ...

• (g) section 18 of the Welfare Reform Act 2007;

• (h) regulations made under section 85(1) or 86(1) of the Welfare Reform Act 2012;

• (i) section 87 of that Act.

Payments to third parties

4

Except in such cases or circumstances as may be prescribed, a decision whether the whole or part of a benefit to which a person is entitled is, by virtue of regulations, to be paid to a person other than him.

Recovery of benefits

5

A decision whether payment is recoverable under section 71 or 71A of the Administration Act.

6

If so, a decision as to the amount of payment recoverable.

Industrial injuries benefit

7

A decision whether an accident was an industrial accident for the purposes of industrial injuries benefit.

Jobseekers' agreements

8

A decision in relation to a jobseeker’s agreement as proposed to be made under section 9 of the Jobseekers Act, or as proposed to be varied under section 10 of that Act.

Power to prescribe other decisions

9

Such other decisions relating to a relevant benefit as may be prescribed.

Part II — Contributions decisions

Categorisation of earners

10

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

11

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

Compulsory contributions

12

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

13

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

Voluntary contributions

14

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

15

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

Responsibilities at home

16

A decision whether a person was (within the meaning of regulations) precluded from regular employment by responsibilities at home.

Earnings and contributions credits

17

A decision whether a person is entitled to be credited with earnings or contributions in accordance with regulations made under section 22(5) or (5ZA) of the Contributions and Benefits Act.

Statutory sick pay

18

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

19

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

Statutory maternity pay

20

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

21

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

Liability of directors etc. for company’s contributions

22

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

Preserved rights to benefit etc.

23

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

Employment of long-term unemployed

24

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

Interest and penalties

25

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

26

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

27

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

28

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

Power to prescribe other decisions

29

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

SCHEDULE 4

Appointment

1

• (1) Her Majesty may from time to time appoint, from among persons who satisfy the judicial-appointment eligibility condition on a 7-year basis or advocates or solicitors in Scotland of at least 7 years' standing—

• (a) a Chief Social Security Commissioner; and

• (b) such number of other Social Security Commissioners as Her Majesty thinks fit.

• (2) If the Lord Chancellor considers that, in order to facilitate the disposal of the business of Social Security Commissioners, he should make an appointment in pursuance of this sub-paragraph, he may appoint—

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

• (b) an advocate or solicitor in Scotland of at least 7 years' standing; or

• (c) a member of the bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years' standing,

to be a Social Security Commissioner (but to be known as a deputy Commissioner) for such period or on such occasions as the Lord Chancellor thinks fit.

• (3) In this paragraph “10 year general qualification” shall be construed in accordance with section 71 of the Courts and Legal Services Act 1990.

Remuneration etc.

2

The Lord Chancellor shall pay to a Commissioner such salary or other remuneration, and such expenses incurred in connection with the work of a Commissioner or any tribunal presided over by a Commissioner, as he may determine.

3

• (1) The Lord Chancellor or, in Scotland, the Secretary of State may pay to any person who attends any proceedings under section 14 of this Act, under section 6A of the Pensions Appeal Tribunals Act 1943or under paragraph 8 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 such travelling and other allowances as he may determine.

• (2) In this paragraph the reference to travelling and other allowances includes a reference to compensation for loss of remunerative time.

Tenure of office

4

• (1) Commissioners shall vacate their offices on the day on which they attain the age of 75.

• (2) Nothing in sub-paragraph (1) above or in section 13 or 32 of the Judicial Pensions Act 1981 (which relate to pensions for Commissioners) shall apply to a person by virtue of his appointment in pursuance of paragraph 1(2) above.

5

• (1) A Commissioner may be removed from office by the Lord Chancellor on the ground of incapacity or misbehaviour.

• (1A) The Lord Chancellor may remove a person under sub-paragraph (1) only with the concurrence of the appropriate senior judge.

• (1B) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the person exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.

• (2) Nothing in sub-paragraph (1) above applies to a Commissioner appointed before 23rd May 1980.

Delegation of functions

6

The Lord Chancellor may by regulations provide—

• (a) for officers authorised by the Lord Chancellor or, in Scotland, by the Secretary of State to make any determinations which fall to be made by Commissioners;

• (b) for the procedure to be followed by such officers in making such determinations;

• (c) for the manner in which such determinations by such officers may be called in question.

Certificates

7

A document bearing a certificate which—

• (a) is signed by a person authorised in that behalf by the Secretary of State; and

• (b) states that the document, apart from the certificate, is a record of a decision of a Commissioner,

shall be conclusive evidence of the decision; and a certificate purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Supplemental

8

Where the Lord Chancellor proposes to exercise a power conferred on him by paragraph 1(2), 5(1) or 6 above, it shall be his duty to consult the Lord Advocate with respect to the proposal.

SCHEDULE 5

1

Provision prescribing the procedure to be followed in connection with—

• (a) the making of decisions or determinations by the Secretary of State , an appeal tribunal or a Commissioner; and

• (b) the withdrawal of claims, applications, appeals or references falling to be decided or determined by the Secretary of State , an appeal tribunal or a Commissioner.

2

Provision as to the striking out or reinstatement of proceedings.

3

Provision as to the form which is to be used for any document, the evidence which is to be required and the circumstances in which any official record or certificate is to be sufficient or conclusive evidence.

4

Provision as to the time within which, or the manner in which—

• (a) any evidence is to be produced; or

• (b) any application, reference or appeal is to be made.

5

Provision for summoning persons to attend and give evidence or produce documents and for authorising the administration of oaths to witnesses.

6

Provision with respect to the procedure to be followed on appeals to and in other proceedings before appeal tribunals.

7

Provision for authorising an appeal tribunal consisting of two or more members to proceed with any case, with the consent of the claimant, in the absence of any member.

8

Provision for empowering an appeal tribunal to give directions for the disposal of any purported appeal which the tribunal is satisfied that it does not have jurisdiction to entertain.

9

Provision for the non-disclosure to a person of the particulars of any medical advice or medical evidence given or submitted for the purposes of a determination.

SCHEDULE 6

Constitution of appeal tribunals

1

In relation to any time before the commencement of section 7 of this Act so far as it relates to appeals under section 12 of this Act, section 41 of the Administration Act (constitution of social security appeal tribunals) shall have effect as if—

• (a) in subsection (1), for the words “and two other persons” there were substituted the words “sitting either alone or with one or two other persons”;

• (b) in subsection (2), for the words “The members other than the chairman” there were substituted the words “Any members other than the chairman”; and

• (c) for subsection (6) there were substituted the following subsection—

(6) Where the appeal tribunal hearing a case consists of more than one member it shall, if practicable, include at least one member who is of the same sex as the claimant.

Claims no longer subsisting after decisions made

2

In relation to any time before the commencement of section 8(2) of this Act, section 21 of the Administration Act (decision of adjudication officer) shall have effect as if after subsection (6) there were inserted the following subsection—

(7) Where at any time a claim for a benefit to which section 20 above applies is decided by an adjudication officer or by a social security appeal tribunal on a reference by such an officer— (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.

Appeals to tribunals

3

• (1) In relation to appeals brought after the passing of this Act and any time before the commencement of section 12(8)(b) of this Act, section 22 of the Administration Act (appeal to social security appeal tribunal) shall have effect as if after subsection (7) there were inserted the following subsection—

(8) In deciding an appeal under this section, a social security appeal tribunal shall not take into account any circumstances not obtaining at the time when the decision appealed against was made.

• (2) In relation to such appeals and any such time, section 33 of that Act (appeals following reviews) shall have effect as if after subsection (6) there were inserted the following subsection—

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

Appeals to Commissioners

4

• (1) In relation to any time before the commencement of section 14(7) of this Act, section 23 of the Administration Act (appeal from social security appeal tribunal to Commissioner) shall have effect as if—

• (a) after subsection (6) there were inserted the following subsection—

(6A) 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. In this subsection “principal parties” means— (a) in a case relating to statutory sick pay or statutory maternity pay, the persons mentioned in subsection (2)(a), (b) and (c) above; (b) in any other case— (i) the persons mentioned in subsection (3)(a) and (b) above; and (ii) where applicable, the person mentioned in subsection (3)(d) and such a person as is first mentioned in subsection (4) of that section.

; and

• (b) in subsection (8), for the words “subsection (7)(b) above” there were substituted the words “subsection (6A) or (7)(b) above”.

• (2) In relation to any such time, section 34 of that Act (appeal from social security appeal tribunals or disability appeal tribunals to Commissioners etc.) shall have effect as if, in subsection (4), for the words “(7) to (10) of section 23” there were substituted the words “(6A) to (10) of section 23”.

• (3) In relation to any such time, section 48 of that Act (appeal etc. on question of law to Commissioner) shall have effect as if—

• (a) after subsection (4) there were inserted the following subsection—

(4A) 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 medical appeal tribunal with directions for its determination. In this subsection “principal parties” means the persons mentioned in subsection (1)(a), (b) and (d) above.

; and

• (b) in subsection (6), for the words “subsection (5) above” there were substituted the words “subsection (4A) or (5) above”.

Suspension of benefit in prescribed circumstances

5

• (1) In relation to any time before the commencement of section 21(2)(d) of this Act, section 5(1) of the Administration Act (regulations about claims for and payments of benefits) shall have effect as if after paragraph (n) there were inserted the following paragraph—

(nn) for suspending payment, in whole or in part, where an appeal is pending against the decision given in a different case by a social security appeal tribunal, a Commissioner 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 in the case itself ought to be revised;

.

• (2) In relation to any such time, paragraph 10(2) of Schedule 1 to the Jobseekers Act (supplementary provisions) shall have effect as if for the words “section 5(1)(n)” there were substituted the words “section 5(1)(n) or (nn)”.

Restrictions on entitlement in certain cases of error

6

In relation to applications under section 26(1) or 30 of the Administration Act made after the passing of this Act and any time before the commencement of section 27 above, section 69 of that Act shall have effect as if after subsection (1) there were inserted the following subsection—

(1A) Where the review under section 25(2) or 30 above was carried out on an application under section 26(1) or (as the case may be) section 30, it is immaterial for the purposes of subsection (1) above whether the application was made before or after the date of the relevant determination.

Reviews of social fund determinations

7

In relation to any time before the commencement of section 38 of this Act, section 66 of the Administration Act (reviews) shall have effect as if—

• (a) after paragraph (a) of subsection (1) there were inserted the following paragraph—

(aa) may review such a determination on the ground that the person who applied for the payment to which the determination relates misrepresented, or failed to disclose, any material fact; and

;

• (b) after subsection (5) there were inserted the following subsection—

(5A) In making a determination on a review a social fund officer or a social fund inspector need not consider— (a) in the case of a determination on a review under subsection (1)(a) above, any issue that is not raised by the application; (b) in the case of a determination on a review under subsection (1)(aa) above, any issue that is not raised by the material fact; (c) in the case of a determination on a review under subsection (1)(b) above, any issue that did not cause him to carry out the review.

;

• (c) for subsection (6) there were substituted the following subsection—

(6) In determining a question on a review under subsection (1)(a) or (b) above a social fund officer or social fund inspector shall, subject to subsection (7) below, have regard to whichever of the following are applicable, namely— (a) all the circumstances of the case and, in particular, the criteria specified in paragraphs (a) to (e) of subsection (1) of section 140 of the Contributions and Benefits Act; (b) the criteria mentioned in paragraphs (a) and (b) of subsection (1A) of that section; and (c) the criterion specified in directions issued by the Secretary of State under that subsection and the criteria mentioned in paragraph (b) of that subsection.

;

• (d) in subsection (7) of that section, after the word “review” there were inserted the words “under subsection (1)(a) or (b) above”;

• (e) after that subsection there were inserted the following subsections—

(7A) In making a determination on a review under subsection (1)(aa) above a social fund officer or a social fund inspector shall— (a) act in accordance with any general directions issued by the Secretary of State; and (b) take account of any general guidance issued by the Secretary of State. (7B) Any reference in subsection (5A), (6), (7) or (7A) above to a determination on a review under a particular provision of subsection (1) above shall be construed, in relation to a social fund inspector, as a reference to a determination on a further review of a determination which has been reviewed under that provision.

;

• (f) in subsection (9), for the words “this section”, in the first place where they occur, there were substituted the words “subsection (1)(a) or (b) above”; and

• (g) in subsection (10), after the word “determination”, in the first place where it occurs, there were inserted the words “which has been reviewed under subsection (1)(a) or (b) above”.

Overpayments out of social fund

8

In relation to any time before the commencement of sections 9, 10 and 38 of this Act, section 71ZA of the Administration Act (overpayments out of social fund) shall have effect as if for subsection (2) there were substituted the following subsection—

(2) Section 71 above as it so applies shall have effect as if the following provisions were omitted, namely— (a) in paragraph (a) of subsection (5) and subsection (5A), the words “reversed or varied on an appeal or”; (b) in paragraph (b) of subsection (5), the words “appeal or”; and (c) subsections (7), (10A) and (10B).

Child support: appeals to tribunals

9

In relation to appeals brought after the passing of this Act and any time before the commencement of section 42 of this Act, section 20 of the Child Support Act (appeals) shall have effect as if after subsection (4) there were inserted the following subsection—

(5) In deciding an appeal under this section, the tribunal shall not take into account any circumstances not obtaining at the time when the decision appealed against was made.

SCHEDULE 7

Army Act 1955 (c. 18)

1

In section 150A(3) of the Army Act 1955 (enforcement of maintenance assessment by deductions from pay), for the words “a child support officer” there shall be substituted the words “the Secretary of State”.

Air Force Act 1955 (c. 19)

2

In section 150A(3) of the Air Force Act 1955 (enforcement of maintenance assessment by deductions from pay), for the words “a child support officer” there shall be substituted the words “the Secretary of State”.

Parliamentary Commissioner Act 1967 (c. 13)

3

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

• (2) In Schedule 4 to that Act (relevant tribunals for the purposes of section 5(7)) the following entries shall cease to have effect, namely—

Tribunals constituted in Great Britain under regulations made under section 4 of the Vaccine Damage Payments Act 1979

;

Child support appeal tribunals constituted under section 21 of the Child Support Act 1991

;

Social security appeal tribunals constituted under section 41 of the Social Security Administration Act 1992

;

Disability appeal tribunals constituted under section 43 of that Act

; and

Medical appeal tribunals constituted under section 50 of that Act

.

House of Commons Disqualification Act 1975 (c. 24)

4

• (1) In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), in the entry relating to an adjudicating medical practitioner or specially qualified adjudicating medical practitioner, the words “Part II of the Social Security Administration Act 1992 or” shall cease to have effect.

• (2) In that Part of that Schedule, the following entries shall cease to have effect, namely—

Regional or other full-time chairman of a child support appeal tribunal established under section 21 of the Child Support Act 1991

;

A regional or other full-time Chairman of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals

;

Chief Adjudication Officer appointed under section 39 of the Social Security Administration Act 1992

;

Chief Child Support Officer appointed under section 13(3) of the Child Support Act 1991

;

Member of a Medical Appeal Tribunal appointed under section 50 of the Social Security Administration Act 1992

;

Member of a panel appointed under section 6 of the Tribunals and Inquiries Act 1992 of persons to act as chairmen of Child Support Appeal Tribunals

;

Member of a panel appointed under section 6 of the Tribunals and Inquiries Act 1992 of persons to act as chairmen of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals

;

Member of a panel of persons who may be appointed to serve on a Vaccine Damage Tribunal

; and

President of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals

.

• (3) In that Part of that Schedule there shall be inserted at the appropriate places the following entries—

Member of a panel of persons appointed under section 6 of the Social Security Act 1998

;

President of appeal tribunals (within the meaning of Chapter I of Part I of the Social Security Act 1998) appointed under section 5 of that Act

.

Vaccine Damage Payments Act 1979 (c. 17)

5

In subsection (4) of section 3 of the Vaccine Damage Payments Act (determination of claims), for the words from “that, if an application” to the end there shall be substituted the words “of the right of appeal conferred by section 4 below”.

6

In section 5 of that Act (reconsideration of determinations and recovery of payments in certain cases), subsections (1) to (3) and (5) shall cease to have effect.

7

• (1) In subsection (3) of section 7 of that Act (payments, claims etc. made prior to Act)—

• (a) for the words “section 5 above”, in the first place where they occur, there shall be substituted the words “section 3A above”; and

• (b) the words from “and in relation to” to the end shall cease to have effect.

• (2) In subsection (4) of that section, for the words “Subsections (4) and (5) of section 5 above” there shall be substituted the words “Section 5(4) above”.

8

After section 7A of that Act there shall be inserted the following section—

(7B) (1) Subject to the provisions of this Act, any decision made in accordance with the foregoing provisions of this Act 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 in accordance with sections 8 to 16 of the Social Security Act 1998, or with regulations under section 11 of that Act; and (c) decisions made under the Child Support Act 1991.

9

In subsection (3) of section 8 of that Act (regulations)—

• (a) for the words “a reconsideration under section 5 above”, in both places where they occur, there shall be substituted the words “a decision under section 3A above”; and

• (b) for the words “the tribunals constituted under section 4 above” there shall be substituted the words “appeal tribunals”.

10

In section 12 of that Act (financial provisions), subsection (1) shall cease to have effect.

Forfeiture Act 1982 (c. 34)

11

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

Debtors (Scotland) Act 1987 (c. 18)

12

In subsection (5)(f) of section 1 (competence of time to pay direction) and subsection (4)(f) of section 5 (competence of time to pay order) of the Debtors (Scotland) Act 1987—

• (a) the word “; or” after sub-paragraph (ii) shall cease to have effect; and

• (b) after sub-paragraph (iii) there shall be inserted the words

or (iv) any amount by way of contributions, or by way of interest or penalty in respect of contributions, certified under section 118(1) of the Social Security Administration Act 1992 as liable to be paid to the Secretary of State.

13

In section 106 of that Act (interpretation), in the definition of “summary warrant”, after paragraph (c) there shall be inserted the following paragraph—

(cc) section 121B of the Social Security Administration Act 1992;

.

14

In paragraph 35 of Schedule 5 to that Act (interpretation), in the definition of “creditor”, after paragraph (d) there shall be inserted the following paragraph—

(dd) for the purposes of section 121B of the Social Security Administration Act 1992, the Secretary of State;

.

Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47)

15

In paragraph 7A of Schedule 2 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (recovery of outstanding community charge by deductions from income support or jobseeker’s allowance), for the words “appeals and reviews” in sub-paragraph (2)(a) there shall be substituted the words “appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act”.

Income and Corporation Taxes Act 1988 (c. 1)

16

In subsection (3) of section 172 of the Income and Corporation Taxes Act 1988 (exceptions from tax)—

• (a) for the words “Class 1 contributions” there shall be substituted the words “secondary Class 1 contributions”; ...

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

Local Government Finance Act 1988 (c. 41)

17

In sub-paragraph (2)(a) of paragraph 6 of Schedule 4 to the Local Government Finance Act 1988 (recovery of outstanding community charge by deductions from income support or jobseeker’s allowance), for the words “appeals and reviews” there shall be substituted the words “appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act”.

Child Support Act 1991 (c. 48)

18

In section 2 of the Child Support Act (welfare of children: the general principle), the words “or any child support officer” shall cease to have effect.

19

In subsection (4) of section 4 of that Act (child support maintenance), the words “or the child support officer” shall cease to have effect.

20

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

21

In subsection (5) of section 7 of that Act (right of child in Scotland to apply for assessment), the words “or the child support officer” shall cease to have effect.

22

In subsections (1) and (2) of section 8 of that Act (role of courts with respect to maintenance for children), for the words “a child support officer” there shall be substituted the words “the Secretary of State”.

23

• (1) In subsection (4) of section 10 of that Act (relationship between maintenance assessments and certain court orders)—

• (a) for the words “the child support officer concerned” there shall be substituted the words “the Secretary of State”; and

• (b) for the words “that officer” there shall be substituted the word “he”.

• (2) In subsection (5) of that section, for the words “a child support officer” there shall be substituted the words “an officer of the Secretary of State”.

24

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

25

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

26

Section 13 of that Act (child support officers) shall cease to have effect.

27

In section 14 of that Act (information required by Secretary of State)—

• (a) subsections (2) and (2A) shall cease to have effect; and

• (b) in subsection (3), the words “or by child support officers” shall cease to have effect and for the word “them” there shall be substituted the word “him”.

28

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

29

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

30

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

31

• (1) In subsection (1) of section 26 of that Act (disputes about parentage), for the words “the child support officer concerned” there shall be substituted the words “the Secretary of State”.

• (2) In subsection (2) of that section, in Case E, for the words “the child support officer” there shall be substituted the words “the Secretary of State”.

32

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

33

In subsection (1) of section 28 of that Act (power of Secretary of State to initiate or defend actions of declarator: Scotland), for the words “a child support officer to whom the case is referred” there shall be substituted the words “the Secretary of State”.

34

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

35

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

36

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

37

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

38

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

39

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

40

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

41

In subsection (1) of section 44 of that Act (jurisdiction), for the words “A child support officer” there shall be substituted the words “The Secretary of State”.

42

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

43

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

44

After that section there shall be inserted the following sections—

(46A) (1) Subject to the provisions of this Act, any decision of the Secretary of State or an appeal tribunal made in accordance with the foregoing provisions of this Act 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 in accordance with sections 8 to 16 of the Social Security Act 1998, or with regulations under section 11 of that Act; and (c) decisions made under the Vaccine Damage Payments Act 1979. (46B) (1) Regulations may make provision as respects matters arising pending— (a) any decision of the Secretary of State under section 11, 12 or 17; (b) any decision of an appeal tribunal under section 20; or (c) any decision of a Child Support Commissioner under section 24. (2) Regulations may also make provision as respects matters arising out of the revision under section 16, or on appeal, of any such decision as is mentioned in subsection (1). (3) Any reference in this section to section 16, 17 or 20 includes a reference to that section as extended by Schedule 4C.

45

In subsection (5) of section 50 of that Act (unauthorised disclosure of information), in paragraph (c), after the words “other officer of,” there shall be inserted the words “an appeal tribunal or”.

46

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

47

In section 54 of that Act (interpretation)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the definitions of “adjudication officer”, “Chief Adjudication Officer”, “Chief Child Support Officer”, “child support appeal tribunal” and “child support officer” shall cease to have effect.

48

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

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

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

• (4) In paragraph 15 of that Schedule (separate assessments for different periods), for the words “a child support officer” there shall be substituted the words “the Secretary of State”.

• (5) In paragraph 16 of that Schedule (termination of assessments)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) in sub-paragraph (10), the words “or a child support officer” shall cease to have effect.

49

Paragraph 2 of Schedule 2 to that Act (local authority records) shall cease to have effect.

50

Schedule 3 to that Act (child support appeal tribunals) shall cease to have effect.

51

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

52

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

53

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

54

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

Criminal Justice Act 1991 (c. 53)

55

In subsection (2)(b) of section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from income support or jobseeker’s allowance), for the words “appeals and reviews” there shall be substituted the words “appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act”.

Social Security Contributions and Benefits Act 1992 (c. 4)

56

• (1) In subsection (2) of section 1 of the Contributions and Benefits Act (outline of contributory system), for the word “five” there shall be substituted the word “six” and after paragraph (b) there shall be inserted the following paragraph—

(bb) Class 1B, payable under section 10A below by persons who are accountable to the Inland Revenue in respect of income tax on emoluments in accordance with a PAYE settlement agreement;

.

• (2) In subsection (4)(a) of that section after “1A,” there shall be inserted “1B,”.

• (3) In subsection (6) of that section, after the words “Class 1A”, in both places where they occur, there shall be inserted the words “, Class 1B”.

57

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

58

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

59

After subsection (3) of section 14 of that Act (restriction on right to pay Class 3 contributions) there shall be inserted the following subsection—

(4) Where primary Class 1 contributions have been paid or treated as paid on any part of a person’s earnings, subsection (1)(a) above shall have effect as if such contributions had been paid or treated as paid on so much of those earnings as did not exceed the upper earnings limit.

60

After subsection (5) of section 21 of that Act (contribution conditions) there shall be inserted the following subsection—

(5A) Where primary Class 1 contributions have been paid or treated as paid on any part of a person’s earnings, the following provisions, namely— (a) subsection (5)(c) above; (b) sections 22(1)(a) and (3)(a), 23(3)(a), 24(2)(a), 44(6)(a) and 45A(1)(a) below; and (c) paragraphs 2(4)(a) and (5)(a), 4(2)(a), 5(2)(b) and (4)(a) and 7(4)(a) of Schedule 3 to this Act, shall have effect as if such contributions had been paid or treated as paid on so much of the earnings as did not exceed the upper earnings limit.

61

In subsection (4) of section 22 of that Act (earnings factors), for the words “upon which” there shall be substituted the words “in respect of which”.

62

In subsection (2) of section 54 of that Act (Category A and Category B retirement pensions: supplemental provisions), for the words “Part II of the Administration Act” there shall be substituted the words “Chapter II of Part I of the Social Security Act 1998”.

63

In subsection (5)(c) of section 95 of that Act (relevant employments), after the words “the Administration Act” there shall be inserted the words “, or Chapter II of Part I of the Social Security Act 1998,”.

64

In subsection (1)(b) of section 97 of that Act (accidents in the course of illegal employments), for the words “section 44 of the Administration Act” there shall be substituted the words “section 29 of the Social Security Act 1998”.

65

In subsection (2) of section 109 of that Act (general provisions relating to benefit under section 108)—

• (a) in paragraph (a), for the words “or the Administration Act” there shall be substituted the words “, the Administration Act or Chapter II of Part I of the Social Security Act 1998”;

• (b) in paragraph (b), for the words “and that Act” there shall be substituted the words “, that Act and that Chapter”;

• (c) for the words “the Administration Act”, in the second place where they occur, there shall be substituted the words “that Act and that Chapter”; and

• (d) after the words “section 1” there shall be inserted the words “of that Act”.

66

In subsection (3) of section 113 of that Act (general provisions as to disqualification and suspension), for the words “or the Administration Act” there shall be substituted the words “, the Administration Act or Chapter II of Part I of the Social Security Act 1998”.

67

In subsection (2) of section 116 of that Act (Her Majesty’s forces), for the words “provision of Part II of the Administration Act which replaces” there shall be substituted the words “provisions of Chapter II of Part I of the Social Security Act 1998 which correspond to”.

68

In subsection (1) of section 117 of that Act (mariners, airmen etc.), for the words “provision of Part II of the Administration Act which replaces” there shall be substituted the words “provisions of Chapter II of Part I of the Social Security Act 1998 which correspond to”.

69

In section 119 of that Act (persons outside Great Britain), for the words “provision of Part II of the Administration Act which replaces” there shall be substituted the words “provisions of Chapter II of Part I of the Social Security Act 1998 which correspond to”.

70

In subsection (1) of section 120 of that Act (employment at sea: continental shelf operations), for the words “provision of Part II of the Administration Act which replaces” there shall be substituted the words “provisions of Chapter II of Part I of the Social Security Act 1998 which correspond to”.

71

In subsection (1) of section 122 of that Act (interpretation of Parts I to VI and supplementary provisions)—

• (a) in the definition of “entitled”, for the words “and 68 of the Administration Act” there shall be substituted the words “of the Administration Act and section 27 of the Social Security Act 1998”;

• (b) the definitions of “initial primary percentage” and “main primary percentage” shall cease to have effect;

• (c) for the definitions of “lower earnings limit” and “upper earnings limit” there shall be substituted the following definitions—

“lower earnings limit”, “upper earnings limit” and “earnings threshold” are to be construed in accordance with subsection (1) of section 5 above, and references to the lower or upper earnings limit, or to the earnings threshold, of a tax year are to whatever is (or was) for that year the limit or threshold in force under that subsection;

;

• (d) after the definition of “Old Cases payments” there shall be inserted the following definition—

“PAYE settlement agreement” has the same meaning as in section 206A of the Income and Corporation Taxes Act 1988;

; and

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

72

• (1) For subsection (1) of section 139 of that Act (awards by social fund officers) there shall be substituted the following subsection—

(1) Whether a payment mentioned in section 138(1)(b) above is to be awarded, and how much it is to be, shall be determined by an appropriate officer, that is to say, an officer of the Secretary of State who, acting under his authority, is exercising functions of the Secretary of State in relation to payments so mentioned.

• (2) In subsection (2) of that section, for the words “A social fund officer” there shall be substituted the words “An appropriate officer”.

• (3) Subsection (3) of that section shall cease to have effect.

• (4) In subsection (4) of that section, for the words “that is to be repayable” there shall be substituted the words “of a crisis loan or a budgeting loan”.

• (5) In subsection (5) of that section, for the words “the social fund officer” there shall be substituted the words “the appropriate officer”.

73

• (1) In subsection (1) of section 140 of that Act (principles of determination), for the words “a social fund officer” there shall be substituted the words “an appropriate officer”.

• (2) In subsection (2) of that section, for the words “A social fund officer” there shall be substituted the words “An appropriate officer”.

• (3) In subsection (3) of that section, for the words “a social fund officer or group of social fund officers” there shall be substituted the words “an appropriate officer or group of appropriate officers”.

• (4) In subsection (4) of that section—

• (a) for the words “a social fund officer”, in each place where they occur, there shall be substituted the words “an appropriate officer”; and

• (b) for the words “social fund officers” there shall be substituted the words “appropriate officers”.

• (5) In subsection (5) of that section—

• (a) for the words “a social fund officer” there shall be substituted the words “an appropriate officer”; and

• (b) for the words “the social fund officer nominated for his area under section 64 of the Administration Act” there shall be substituted the words “the appropriate officer nominated for his area under section 36 of the Social Security Act 1998”.

74

In subsection (1) of section 163 of that Act (interpretation of Part XI), in the definition of “employer”, after the words “but for” there shall be inserted the words “the condition in”.

75

In subsection (1) of section 171 of that Act (interpretation of Part XII), in the definition of “employer”, after the words “but for” there shall be inserted the words “the condition in”.

76

In subsection (2) of section 171E of that Act (incapacity for work: disqualification etc.), for the words “Part II of the Administration Act” there shall be substituted the words “Chapter II of Part I of the Social Security Act 1998”.

77

• (1) In the heading to Schedule 1 to that Act (supplementary provisions relating to contributions of Classes 1, 1A, 2 and 3), after “1A,” there shall be inserted “1B,”.

• (2) For sub-paragraph (2) of paragraph 1 of that Schedule there shall be substituted the following sub-paragraph—

(2) Where earnings in respect of employments which include any contracted-out employment and any employment which is not a contracted-out employment are aggregated under sub-paragraph (1) above, then, except as may be provided by regulations— (a) if the aggregated earnings exceed the current lower earnings limit, the amount of the primary Class 1 contribution in respect of the aggregated earnings shall be determined in accordance with sub-paragraph (3) below; and (b) if the aggregated earnings exceed the current earnings threshold, the amount of the secondary Class 1 contribution in respect of the aggregated earnings shall be determined in accordance with sub-paragraph (6) below.

• (3) In sub-paragraph (3) of that paragraph, immediately before the words “does not exceed”, in each place where they occur, there shall be inserted the words “exceeds the current lower earnings limit and”.

• (4) In sub-paragraph (6) of that paragraph—

• (a) in paragraph (a), for the words “the APPS earnings” there shall be substituted the words “such part of the APPS earnings as exceeds the earnings threshold”;

• (b) in paragraphs (b) and (c), for the words “the part of the aggregated earnings attributable to such service” there shall be substituted the words “such part of the aggregated earnings attributable to such service as exceeds the earnings threshold”; and

• (c) in paragraph (d), for the words “the remainder of the aggregated earnings” there shall be substituted the words “such part of the remainder of the aggregated earnings as exceeds the earnings threshold”.

• (5) In sub-paragraph (1) of paragraph 3 of that Schedule, for the words “his own secondary contribution” there shall be substituted the words “any secondary contribution of his own”.

• (6) For paragraph 5 of that Schedule there shall be substituted the following paragraph—

(5) Regulations may— (a) make provision for calculating the amount of Class 1A contributions so as to avoid fractional amounts; (b) modify section 10 above in relation to cases where a car is made available by reason of two or more employed earner’s employments under different employers.

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

(5A) Regulations may make provision for calculating the amount of Class 1B contributions so as to avoid fractional amounts.

• (8) In sub-paragraph (1) of paragraph 6 of that Schedule, for paragraph (a) there shall be substituted the following paragraph—

(a) provide for Class 1, Class 1A, Class 1B or Class 2 contributions to be paid, accounted for and recovered in a similar manner to income tax in relation to which regulations under section 203 of the Income and Corporation Taxes Act 1988 (PAYE) have effect;

.

• (9) In sub-paragraph (2) of that paragraph—

• (a) for the words “or Class 1A”, in each place where they occur, there shall be substituted the words “, Class 1A or Class 1B”; and

• (b) in paragraph (b), the words “(being not less than one year after the end of the tax year in respect of which the sums are due)” shall cease to have effect.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) After that sub-paragraph there shall be inserted the following sub-paragraph—

(4A) Regulations under this paragraph shall not require the payment of interest on a sum due in respect of a Class 1B contribution if a relevant tax appeal has been brought but not finally determined; and “a relevant tax appeal” means an appeal against a determination as to the amount of income tax in respect of which the person liable to pay the Class 1B contribution is accountable in accordance with the relevant PAYE settlement agreement.

• (12) In sub-paragraph (11)(a) of paragraph 7 of that Schedule, for the words “and Class 1A” there shall be substituted the words “, Class 1A and Class 1B”.

• (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (14) In paragraph (b) of sub-paragraph (1) of paragraph 8 of that Schedule, after the words “Class 1A” there shall be inserted the words “or Class 1B”.

• (15) After paragraph (i) of that sub-paragraph there shall be inserted the following paragraph—

(ia) for the repayment, in prescribed cases, of the whole or a prescribed part of a Class 1B contribution;

.

• (16) In paragraph (l) of that sub-paragraph—

• (a) in sub-paragraph (i), after the words “Class 1A contributions” there shall be inserted the words “or a Class 1B contribution”;

• (b) in sub-paragraph (ii), after the words “Class 1 contributions” there shall be inserted the words “, a Class 1B contribution”;

• (c) after that sub-paragraph there shall be inserted the following sub-paragraph—

(iia) the whole or part of any payment of a Class 1B contribution to be treated as a payment of secondary Class 1 contributions, Class 1A contributions or Class 2 contributions;

; and

• (d) in sub-paragraph (iii), for the words “or Class 1A contributions” there shall be substituted the words

, Class 1A contributions or a Class 1B contribution

.

Social Security Administration Act 1992 (c. 5)

78

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

79

• (1) In subsection (1) of section 5 of that Act (regulations about claims for and payments of benefit)—

• (a) for paragraph (e) there shall be substituted the following paragraph—

(e) for any such award to be revised under section 9 of the Social Security Act 1998, or superseded under section 10 of that Act, if any of those requirements are found not to have been satisfied;

; and

• (b) paragraphs (n) and (o) shall cease to have effect.

• (2) Subsection (4) of that section shall cease to have effect.

80

In subsection (1) of section 6 of that Act (regulations about council tax benefit administration), paragraphs (n) and (o) shall cease to have effect.

81

• (1) In subsection (2) of section 71 of that Act (overpayments: general), after the word “shall” there shall be inserted the words “in the case of the Secretary of State or a tribunal, and may in the case of a Commissioner or a court”.

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

• (3) In subsection (5A) of that section, for the words “revised on a review” there shall be substituted the words “has been revised under section 9 or superseded under section 10 of the Social Security Act 1998”.

82

In subsection (1) of section 71A of that Act (recovery of jobseeker’s allowance: severe hardship cases)—

• (a) for the words “an adjudication officer”, in both places where they occur, there shall be substituted the words “the Secretary of State”; and

• (b) for the words “the Secretary of State” there shall be substituted the word “he”.

83

In section 116 of that Act (legal proceedings), subsection (6) shall cease to have effect.

84

For section 117 of that Act there shall be substituted the following section—

(117) (1) This section applies to proceedings before a court— (a) for an offence under this Act or the Jobseekers Act 1995; or (b) involving any question as to the payment of contributions (other than a Class 4 contribution recoverable by the Inland Revenue); or (c) for the recovery of any sums due to the Secretary of State or the National Insurance Fund. (2) A decision of the Secretary of State which— (a) falls within Part II of Schedule 3 to the Social Security Act 1998 (“the 1998 Act”); and (b) relates to or affects an issue arising in the proceedings, shall be conclusive for the purposes of the proceedings. (3) If— (a) any such decision is necessary for the determination of the proceedings; and (b) the decision of the Secretary of State has not been obtained or an application with respect to the decision has been made under section 9 or 10 of the 1998 Act, the decision shall be referred to the Secretary of State to be made in accordance (subject to any necessary modifications) with Chapter II of Part I of that Act. (4) Subsection (2) above does not apply where, in relation to the decision— (a) an appeal has been brought but not determined; (b) an application for leave to appeal has been made but not determined; (c) an appeal has not been brought (or, as the case may be, an application for leave to appeal has not been made) but the time for doing so has not yet expired; or (d) an application has been made under section 9 or 10 of the 1998 Act. (5) In a case falling within subsection (4) above the court shall adjourn the proceedings until such time as the final decision is known; and that decision shall be conclusive for the purposes of the proceedings.

85

Subsection (2) of section 119 of that Act (recovery of unpaid contributions on prosecution) shall cease to have effect.

86

• (1) In subsection (1) of section 120 of that Act (proof of previous offences), the words “or (2)(a)” shall cease to have effect.

• (2) In subsection (3) of that section—

• (a) after the words “Class 1A” there shall be inserted the words “or Class 1B”; and

• (b) for the words “2 years” there shall be substituted the words “6 years”.

• (3) In subsection (4) of that section—

• (a) after the words “Class 1” there shall be inserted the words “or Class 1B”; and

• (b) for the words “2 years” there shall be substituted the words “6 years”.

• (4) After that subsection there shall be inserted the following subsection—

(4A) If the offence is one of failure to pay a Class 1B contribution, evidence may be given of failure on his part to pay such contributions, or any Class 1 or Class 1A contributions or contributions equivalent premiums, on the date of the offence, or during the 6 years preceding that date.

• (5) In subsection (5) of that section—

• (a) paragraph (b) and the word “or” immediately preceding that paragraph shall cease to have effect; and

• (b) for the words “2 years” there shall be substituted the words “6 years”.

• (6) In subsection (6) of that section, after the word “(4),” there shall be inserted the word “(4A)”.

87

In subsections (1) and (2) of section 121 of that Act (unpaid contributions: supplementary), the words “or (2)(a)” shall cease to have effect.

88

In subsection (6A) of section 123 of that Act (unauthorised disclosure of information relating to particular persons), for the words “section 54 above” there shall be substituted the words “section 19 of the Social Security Act 1998”.

89

In subsection (1) of section 125 of that Act (regulations as to notification of deaths), after the words “the Social Security (Recovery of Benefits) Act 1997” there shall be inserted the words “, the Social Security Act 1998”.

90

• (1) In subsection (1) of section 143 of that Act (power to alter contributions with a view to adjusting level of National Insurance Fund), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

(a) the percentage rate specified as the primary percentage in section 8(2); (b) the percentage rate specified as the secondary percentage in section 9(2);

.

• (2) In subsection (4) of that section, for paragraph (a) there shall be substituted the following paragraph—

(a) to increase for any tax year the primary percentage, or the secondary percentage, to a percentage rate more than 0.25 per cent higher than that applicable at the end of the preceding tax year;

.

91

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

92

For subsections (1) to (3) of section 145 of that Act (power to alter primary and secondary contributions) there shall be substituted the following subsections—

(1) For the purpose of adjusting amounts payable by way of primary Class 1 contributions, the Secretary of State may at any time make an order altering the percentage rate specified as the primary percentage in section 8(2) of the Contributions and Benefits Act. (2) For the purpose of adjusting amounts payable by way of secondary Class 1 contributions, the Secretary of State may at any time make an order altering the percentage rate specified as the secondary percentage in section 9(2) of the Contributions and Benefits Act. (3) No order shall be made under this section so as to increase for any tax year the primary percentage, or the secondary percentage, to a percentage rate more than 0.25 per cent higher than that applicable at the end of the preceding tax year.

93

Section 146 of that Act (power to alter number of secondary earnings brackets) shall cease to have effect.

94

In subsections (1), (2) and (3) of section 147 of that Act (orders under sections 145 and 146: supplementary), the words “or 146” shall cease to have effect.

95

In subsection (2) of section 159 of that Act (effect of alteration in the component rates of income support), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.

96

In subsection (3) of section 159A of that Act (effect of alteration of rates of a jobseeker’s allowance), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.

97

In subsection (2) of section 160 of that Act (implementation of increases in income support due to attainment of particular ages), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.

98

In subsection (2) of section 160A of that Act (implementation of increases in income-based jobseeker’s allowance due to attainment of particular ages), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.

99

• (1) After subsection (2) of section 162 of that Act (destination of contributions) there shall be inserted the following subsection—

(2A) References in subsections (1) and (2) above to contributions include references to payments on account of contributions made in accordance with regulations under section 3(5) of the Contributions and Benefits Act (payments on account of directors' contributions).

• (2) After subsection (4) of that section there shall be inserted the following subsection—

(4A) The sums recovered by the Secretary of State under regulations made under paragraph 7A, 7B or 7C of Schedule 1 to the Contributions and Benefits Act in respect of interest or penalties shall be paid into the National Insurance Fund.

• (3) In subsection (5)(b) of that section, for the words “those contributions” there shall be substituted the words “primary Class 1 contributions”.

• (4) In subsection (8)(b) of that section, after the words “paragraph (c)” there shall be inserted the words “or (ca)”.

100

• (1) In subsection (4) of section 163 of that Act (general financial arrangements), after the words “Class 1A” there shall be inserted the words “or 1B”.

• (2) In subsection (5) of that section, after the words “paragraph 6”, in the first place where they occur, there shall be inserted the words “or 7B”.

101

In section 164 of that Act (destination of payments etc.), subsection (5)(a) shall cease to have effect.

102

• (1) In subsection (1) of section 166 of that Act (financial review and report), in paragraph (d), for the words “so far as it relates” there shall be substituted the words “and Chapter II of Part I of the Social Security Act 1998 so far as they relate”.

• (2) In subsection (2) of that section, in paragraph (c), for the words “so far as it relates” there shall be substituted the words “and Chapter II of Part I of the Social Security Act 1998 so far as they relate”.

103

• (1) In subsection (3)(a) of section 168 of that Act (allocations from social fund), for the words “a particular social fund officer or group of social fund officers” there shall be substituted the words “a particular appropriate officer or group of appropriate officers”.

• (2) In subsection (5) of that section, for the words “social fund officers”, in each place where they occur, there shall be substituted the words “appropriate officers”.

• (3) After that subsection there shall be inserted the following subsection—

(6) In this section “appropriate officer” means an officer of the Secretary of State who, acting under his authority, is exercising functions of the Secretary of State in relation to payments from the social fund such as are mentioned in section 138(1)(b) of the Contributions and Benefits Act.

104

In subsection (5) of section 170 of that Act (the Social Security Advisory Committee)—

• (a) in the definition of “the relevant enactments”, after paragraph (ac) there shall be inserted the following paragraph—

(ad) the provisions of Chapter II of Part I of the Social Security Act 1998 and section 72 of that Act;

; and

• (b) in the definition of “the relevant Northern Ireland enactments”, after paragraph (ac) there shall be inserted the following paragraph—

(ad) any provisions in Northern Ireland which correspond to provisions of Chapter II of Part I of the Social Security Act 1998 and section 72 of that Act;

.

105

In subsection (5) of section 177 of that Act (co-ordination with Northern Ireland)—

• (a) in paragraph (a), after the words “Jobseekers Act 1995” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”; and

• (b) in paragraph (b), after the words “Jobseekers Act 1995” there shall be inserted the words “, any enactment in Northern Ireland corresponding to Chapter II of Part I of the Social Security Act 1998”.

106

• (1) In subsection (1) of section 178 of that Act (reciprocal arrangements with Northern Ireland: income-related benefits and child benefit), after the words “Jobseekers Act 1995” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”.

• (2) In subsection (3) of that section, after the words “Jobseekers Act 1995”, in each place where they occur, there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”.

107

• (1) In subsection (3)(a) of section 179 of that Act (reciprocal agreements with countries outside the United Kingdom), after the words “Jobseekers Act 1995” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”.

• (2) After subsection (4)(aa) of that section there shall be inserted the following paragraph—

(ab) to Chapter II of Part I of the Social Security Act 1998; and

.

108

In section 180 of that Act (payment of travelling expenses by Secretary of State)—

• (a) in paragraph (a), after the words “the Social Security (Recovery of Benefits) Act 1997” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”; and

• (b) in paragraph (b)(i), after the words “the Social Security (Recovery of Benefits) Act 1997” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”.

109

In section 189 of that Act (regulations and orders: general), the following shall cease to have effect, namely—

• (a) in subsection (1), the words “subsection (2) below and to”;

• (b) subsection (2);

• (c) in subsection (4), the words “24 or”;

• (d) in subsection (5), the words “(other than the power conferred by section 24 above)”;

• (e) in subsection (6), the word “24,”; and

• (f) subsection (10).

110

• (1) In subsection (1)(a) of section 190 of that Act (instruments containing provisions under certain provisions to be subject to the affirmative Parliamentary procedure)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) “146,” shall cease to have effect.

• (2) Subsection (4) of that section shall cease to have effect.

111

In section 191 of that Act (interpretation)—

• (a) the definitions of “Commissioner”, “the disablement questions”, “5 year general qualification”, “President” and “10 year general qualification” shall cease to have effect; and

• (b) in the definition of “claimant” (in relation to industrial injuries benefit), for the words “section 44 above” there shall be substituted the words “section 29 of the Social Security Act 1998”.

112

In subsection (5) of section 192 of that Act (short title, commencement and extent), the words “section 24;” shall cease to have effect.

113

In Part I of Schedule 4 to that Act (persons employed in social security administration or adjudication)—

• (a) the entry headed “Adjudication officers” shall cease to have effect;

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

• (c) in the entry headed “The Social Fund”, the words “A social fund officer” shall cease to have effect; and

• (d) at the end of the entry headed “Former officers” there shall be inserted the words—

A Chief Adjudication Officer. An adjudication officer. A social fund officer. A clerk to, or other officer or member of the staff of, the former social security appeal tribunal, the former disability appeal tribunal or the former medical appeal tribunal.

114

• (1) In Part I of Schedule 7 to that Act (regulations not requiring prior submission to Social Security Advisory Committee), in paragraph 3(a), for the words “section 141, 143 or 145 above” there shall be substituted the words “section 141, 143, 143A or 145 above”.

• (2) In Part II of that Schedule (regulations not requiring prior submission to Industrial Injuries Advisory Council), in paragraph 12, for the words “section 141, 143 or 150 above” there shall be substituted the words “section 141, 143, 143A or 150 above”.

115

In paragraph 1(6) of Schedule 9 to that Act (old cases payments administration), after the words “this Act” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”.

116

• (1) In sub-paragraph (1) of paragraph 3 of Schedule 10 to that Act (supplementary benefit), for the words “Sections 20 to 29, 36 to 43, 51 to 61” there shall be substituted the words “Sections 8 to 18, 29 to 31 and 39 of the Social Security Act 1998”.

• (2) In sub-paragraph (2) of that paragraph, for the words “section 59 above” there shall be substituted the words “section 16 of the Social Security Act 1998”.

Local Government Finance Act 1992 (c. 14)

117

In sub-paragraph (2)(a) of paragraph 6 of Schedule 4 to the Local Government Finance Act 1992 (recovery of council tax etc. by deductions from income support or jobseeker’s allowance), for the words “appeals and reviews” there shall be substituted the words “appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act”.

Tribunals and Inquiries Act 1992 (c. 53)

118

• (1) In subsection (3) of section 6 of the Tribunals and Inquiries Act 1992 (appointment of chairmen of certain tribunals), for the words “paragraph 7, 38(a), 41(a), (b), (c) or (e) or 43” there shall be substituted the words “paragraph 7(b) or 38(a)”.

• (2) Subsection (4) of that section shall cease to have effect.

119

In subsection (2) of section 7 of that Act (concurrence required for removal of members of certain tribunals), for “43, 48 or 56(a)” there shall be substituted “48 or 56(a)”.

120

In subsection (5) of section 13 of that Act (power to apply Act to additional tribunals and to repeal or amend certain provisions)—

• (a) in paragraph (a), for “35(a) and (d)” there shall be substituted “35(d)”; and

• (b) paragraph (b) shall cease to have effect.

121

• (1) In paragraph 7 of Schedule 1 to that Act (tribunals under direct supervision of Council)—

• (a) for sub-paragraph (a) there shall be substituted the following sub-paragraph—

(a) Appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 (c. 14)

; and

• (b) in sub-paragraph (b), for the words “that Act” there shall be substituted the words “the Child Support Act 1991 (c. 48)”.

• (2) In paragraph 41 of that Schedule—

• (a) for sub-paragraph (a) there shall be substituted the following sub-paragraph—

(a) Appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 (c. 14)

;

• (b) sub-paragraphs (b), (c) and (e) shall cease to have effect; and

• (c) in sub-paragraph (d), for the words “section 52 of that Act” there shall be substituted the words “Schedule 4 to the Social Security Act 1998 (c. 14)”.

122

• (1) Paragraph 3 of Schedule 2 to that Act (transitory provisions) shall cease to have effect.

• (2) In paragraph 4 of that Schedule—

• (a) in sub-paragraph (a), for the words “1(a), 2(a) or 3(a)” there shall be substituted the words “1(a) or 2(a)”; and

• (b) in sub-paragraph (b), for the words “1(b), 2(b) or 3(b)” there shall be substituted the words “1(b) or 2(b)” and for the words “1(a), 2(a) or 3(a)” there shall be substituted the words “1(a) or 2(a)”.

Judicial Pensions and Retirement Act 1993 (c. 8)

123