Social Security Act 1998

• (1) In Part II of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (other appointments)—

• (a) in the entry relating to the Chief or other Social Security Commissioner, for the words “section 52(2) of the Social Security Administration Act 1992” there shall be substituted the words “paragraph 1(2) of Schedule 4 to the Social Security Act 1998”; and

• (b) for the entry relating to the President of social security appeal tribunals, medical appeal tribunals, disability appeal tribunals and child support appeal tribunals there shall be substituted the following entry—

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

.

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

Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals

; and

Chairman of child support appeal tribunals

.

124

• (1) In Schedule 5 to that Act (retirement provisions: the relevant offices)—

• (a) in the entry relating to the Chief or other Social Security Commissioner, for the words “section 52(2) of the Social Security Administration Act 1992” there shall be substituted the words “paragraph 1(2) of Schedule 4 to the Social Security Act 1998”; and

• (b) for the entry relating to the President of social security appeal tribunals, medical appeal tribunals, disability appeal tribunals and child support appeal tribunals there shall be substituted the following entry—

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

.

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

Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals

;

Chairman of child support appeal tribunals

; and

Chairman of vaccine damage tribunals

.

125

In paragraph 5(5) of Schedule 7 to that Act (ascertainment of potential retirement date), sub-paragraphs (iii) and (iv) shall cease to have effect.

Pension Schemes Act 1993 (c. 48)

126

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127

For subsections (1) and (1A) of section 41 of that Act (reduced rates of Class 1 contributions) there shall be substituted the following subsections—

(1) Subsections (1A) to (1C) apply where— (a) the earnings paid to or for the benefit of an earner in any tax week are in respect of an employment which is contracted-out employment at the time of the payment, and (b) the earner’s service in the employment is service which qualifies him for a pension provided by a salary related contracted-out scheme; and in subsections (1A) and (1B) “the relevant part”, in relation to those earnings, means so much of those earnings as exceeds the current lower earnings limit but not the current upper earnings limit for that week (or the prescribed equivalents if the earner is paid otherwise than weekly). (1A) The amount of the primary Class 1 contribution in respect of the relevant part of those earnings (“amount A”) shall be reduced by an amount equal to 1.6 per cent of that part. (1B) The amount of any secondary Class 1 contribution in respect of the earnings (“amount B”) shall be reduced by an amount equal to 3 per cent of the relevant part of those earnings (“amount C”). (1C) Where amount C exceeds amount B, the excess shall be set off against the amount which the secondary contributor is liable to pay (under paragraph 3 of Schedule 1 to the Social Security Contributions and Benefits Act 1992) in respect of amount A.

128

For subsections (1) and (2) of section 42A of that Act (reduced rates of Class 1 contributions, and rebates) there shall be substituted the following subsections—

(1) Subsections (2) to (3) apply where— (a) the earnings paid to or for the benefit of an earner in any tax week are in respect of an employment which is contracted-out employment at the time of the payment, and (b) the earner’s service in the employment is service which qualifies him for a pension provided by a money purchase contracted-out scheme; and in subsections (2) and (2A) “the relevant part”, in relation to those earnings, means so much of those earnings as exceeds the current lower earnings limit but not the current upper earnings limit for that week (or the prescribed equivalents if the earner is paid otherwise than weekly). (2) The amount of the primary Class 1 contribution in respect of the relevant part of those earnings (“amount A”) shall be reduced by an amount equal to the appropriate flat-rate percentage of that part. (2A) The amount of any secondary Class 1 contribution in respect of the earnings (“amount B”) shall be reduced by an amount equal to the appropriate flat-rate percentage of the relevant part of those earnings (“amount C”). (2B) Where amount C exceeds amount B, the excess shall be set off against the amount which the secondary contributor is liable to pay (under paragraph 3 of Schedule 1 to the Social Security Contributions and Benefits Act 1992) in respect of amount A.

129

In subsection (6)(c) of section 158 of that Act (disclosure of information between government departments etc.), for the words “sections 17 to 62 of the Social Security Administration Act 1992” there shall be substituted the words “Chapter II of Part I of the Social Security Act 1998”.

130

• (1) In subsection (3) of section 167 of that Act (application of general provisions relating to administration of social security), for the words “Section 58 of that Act (regulations as to determination of questions and matters arising out of, or pending, reviews and appeals)” there shall be substituted the words “Section 11 of the Social Security Act 1998 (regulations with respect to decisions)”.

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

131

For section 170 of that Act there shall be substituted the following section—

(170) (1) Section 2 (use of computers) of the Social Security Act 1998 (“the 1998 Act”) applies as if, for the purposes of subsection (1) of that section, this Act were a relevant enactment. (2) Sections 8, 9 and 10 of the 1998 Act (decisions by the Secretary of State, revision of decisions and decisions superseding earlier decisions) apply as if, for the purposes of section 8(1)(c) of that Act, this Act were a relevant enactment. (3) Regulations may make provision— (a) with respect to the procedure to be adopted on any application made under section 9 or 10 of the 1998 Act by virtue of subsection (2); and (b) generally with respect to such applications, and revisions under section 9 and decisions under section 10, but may not prevent such a revision or decision being made without such an application. (4) Section 12 of the 1998 Act (appeal to appeal tribunal) applies as if, for the purposes of subsection (1)(b) of that section, any decision of the Secretary of State falling to be made under this Act were a decision falling within Schedule 3 to that Act.

132

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Jobseekers Act 1995 (c. 18)

133

After subsection (3) of section 2 of the Jobseekers Act (the contribution-based conditions) there shall be inserted the following subsection—

(3A) Where primary Class 1 contributions have been paid or treated as paid on any part of a person’s earnings, subsections (2)(b) and (3) above 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.

134

• (1) In subsection (6) of section 6 of that Act (availability for employment)—

• (a) the words “(“the first determination”)” shall cease to have effect; and

• (b) for the words “on a review of the first determination” there shall be substituted the words “under section 9 or 10 of the Social Security Act 1998”.

• (2) In subsection (8) of that section, for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.

135

In subsection (7) of section 7 of that Act (actively seeking employment)—

• (a) the words “(“the first determination”)” shall cease to have effect; and

• (b) for the words “on a review of the first determination” there shall be substituted the words “under section 9 or 10 of the Social Security Act 1998”.

136

• (1) In subsection (6) of section 9 of that Act (the jobseeker’s agreement), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.

• (2) In subsection (7) of that section—

• (a) for the words “An adjudication officer to whom a reference is made under subsection (6)” there shall be substituted the words “On a reference under subsection (6) the Secretary of State”; and

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

• (3) In subsection (8) of that section, for the words “an adjudication officer”, in each place where they occur, there shall be substituted the words “the Secretary of State”.

• (4) Subsection (9) of that section shall cease to have effect.

137

• (1) In subsection (5) of section 10 of that Act (variation of jobseeker’s agreement), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.

• (2) In subsection (6) of that section, for the words “An adjudication officer to whom a reference is made under subsection (5)” there shall be substituted the words “On a reference under subsection (5) the Secretary of State”.

• (3) In subsection (7) of that section, for the words “an adjudication officer”, in each place where they occur, there shall be substituted the words “the Secretary of State”.

• (4) Subsection (8) of that section shall cease to have effect.

138

Section 11 of that Act (jobseeker’s agreement: reviews and appeals) shall cease to have effect.

139

• (1) In subsection (3) of section 16 of that Act (severe hardship), for paragraph (b) there shall be substituted the following paragraph—

(b) it appears to him that the person concerned has, without good cause— (i) neglected to avail himself of a reasonable opportunity of a place on a training scheme; or (ii) after a place on such a scheme has been notified to him by an employment officer as vacant or about to become vacant, refused or failed to apply for it or to accept it when offered to him; or

.

• (2) For subsection (4) of that section there shall be substituted the following subsection—

(4) In this section— - “employment officer” means an officer of the Secretary of State or such other person as may be designated for the purposes of this section by an order made by the Secretary of State; - “period” includes—a period of a determinate length;a period defined by reference to the happening of a future event; anda period of a determinate length but subject to earlier determination upon the happening of a future event; - “training scheme” has such meaning as may be prescribed.

140

• (1) In subsection (2) of section 17 of that Act (reduced payments), for the word “either” there shall be substituted the word “any”.

• (2) In subsection (3) of that section, for paragraph (b) there shall be substituted the following paragraphs—

(b) he has given up a place on a training scheme, or failed to attend such a scheme on which he has been given a place, and no certificate has been issued to him under subsection (4); (c) he has lost his place on such a scheme through misconduct.

• (3) For subsections (4) and (5) of that section there shall be substituted the following subsections—

(4) Where a young person who has given up a place on a training scheme, or failed to attend such a scheme on which he has been given a place— (a) claims that there was good cause for his doing so; and (b) applies to the Secretary of State for a certificate under this subsection, the Secretary of State shall, if he is satisfied that there was good cause, issue a certificate to that effect and give a copy of it to the young person. (5) In this section— - “training scheme” has such meaning as may be prescribed; - “young person” means a person who has reached the age of 16 but not the age of 18.

141

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142

In subsection (2)(b)(ii) of section 20 of that Act (exemptions from section 19), for the words “he has failed to complete a course of training” there shall be substituted the words “the condition mentioned in section 17(3)(b) or (c) is satisfied”.

143

In subsections (1) and (2) of section 31 of that Act (termination of awards), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.

144

In subsection (1) of section 35 of that Act (interpretation)—

• (a) the definition of “adjudication officer” shall cease to have effect; and

• (b) in the definition of “entitled”, for the words “sections 1 and 68 of the Administration Act” there shall be substituted the words “section 1 of the Administration Act and section 27 of the Social Security Act 1998”.

145

In subsection (1) of section 36 of that Act (regulations and orders), for the words “9(13) or 19(10)(a)” there shall be substituted the words “9(13), 16(4) or 19(10)(a)”.

146

In paragraph 10(2) of Schedule 1 to that Act (supplementary provisions), for the words “section 5(1)(n) of the Administration Act” there shall be substituted the words “section 21(2) of the Social Security Act 1998”.

Industrial Tribunals Act 1996 (c. 17)

147

In subsection (5) of section 16 of the Industrial Tribunals Act 1996 (power to provide for recoupment of benefits)—

• (a) in paragraph (a), the words “adjudication officers or” shall cease to have effect; and

• (b) for paragraph (d) there shall be substituted the following paragraphs—

(cc) provide for the determination by the Secretary of State of any issue arising as to the total or partial recoupment in pursuance of the regulations of a jobseeker’s allowance, unemployment benefit or income support, (d) confer on an employee a right of appeal to an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998 against any decision of the Secretary of State on any such issue, and

.

Employment Rights Act 1996 (c. 18)

148

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Social Security (Recovery of Benefits) Act 1997 (c. 27)

149

• (1) For subsection (1) of section 10 of the Social Security (Recovery of Benefits) Act 1997 (review of certificates of recoverable benefits) there shall be substituted the following subsection—

(1) Any certificate of recoverable benefits may be reviewed 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) At the end of subsection (2) of that section there shall be inserted the words

or (c) revoke the certificate.

150

• (1) At the end of subsection (1) of section 11 of that Act (appeals against certificates of recoverable benefits) there shall be inserted the words

or (c) that listed benefits which have not been, and are not likely to be, paid to the injured person during the relevant period have been brought into account, or (d) that the payment on the basis of which the certificate was issued is not a payment within section 1(1)(a)

.

• (2) In subsection (2) of that section, after paragraph (a) there shall be inserted the following paragraph—

(aa) (in a case where that certificate was issued under section 7(2)(a)) the person to whom it was so issued, or

.

• (3) Subsection (6) of that section shall cease to have effect.

151

• (1) For subsections (1) and (2) of section 12 of that Act (reference of questions to medical appeal tribunal) there shall be substituted the following subsection—

(1) The Secretary of State must refer an appeal under section 11 to an appeal tribunal.

• (2) In subsection (3) of that section, for the words “any question referred to it under subsection (1)” there shall be substituted the words “any appeal under section 11”.

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

• (a) for the words “a reference under subsection (1) a medical appeal tribunal” there shall be substituted the words “an appeal under section 11 an appeal tribunal”; and

• (b) at the end there shall be inserted the words

or (c) declare that the certificate of recoverable benefits is to be revoked.

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

• (a) for the words “the decisions of the tribunal on the questions referred to it under subsection (1), he must in accordance with those decisions” there shall be substituted the words “the decision of the tribunal on the appeal under section 11, he must in accordance with that decision”; and

• (b) at the end there shall be inserted the words

or (c) revoke the certificate.

• (5) The following shall cease to have effect, namely—

• (a) subsection (6) of that section;

• (b) in subsection (7) of that section, the words “under subsection (6)(b)”; and

• (c) subsection (8) of that section.

152

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

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

• (a) the word “or” at the end of paragraph (b) shall cease to have effect; and

• (b) after that paragraph there shall be inserted the following paragraph—

(bb) (in a case where that certificate was issued under section 7(2)(a)) the person to whom it was so issued, or

.

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

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

153

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SCHEDULE 8

Transfer of functions to Secretary of State

Use of computers

Use of information

Unified appeal tribunals

President of appeal tribunals

Panel for appointment to appeal tribunals

Constitution of appeal tribunals

Decisions by Secretary of State

Revision of decisions

Decisions superseding earlier decisions

Regulations with respect to decisions

Appeal to appeal tribunal

Class 1 contributions

Recovery of primary Class 1 contributions by secondary contributors

Appeal from Commissioner on point of law

Procedure

Finality of decisions

Matters arising as respects decisions

Medical examination required by Secretary of State

Medical examination required by appeal tribunal

Offences and penalties relating to contributions

Suspension for failure to furnish information etc

Termination in cases of failure to furnish information

Breach of regulations

Decisions involving issues that arise on appeal in other cases

Appeals involving issues that arise on appeal in other cases

Restrictions on entitlement to benefit in certain cases of error

Correction of errors and setting aside of decisions

Decision that accident is an industrial accident

Effect of decision

Provision of information

Industrial diseases

Christmas bonus

Parliamentary control of regulations

Interpretation etc. of Chapter II

Appropriate officers

The social fund Commissioner and inspectors

Reviews of determinations

Child support: revision of decisions

Provision for Northern Ireland

Child support: appeals to appeal tribunals

Child support: decisions and appeals dependent on other cases

Child support: cases of error

Vaccine damage payments: appeals to appeal tribunals

Vaccine damage payments: appeals to appeal tribunals

Payments on account of directors' contributions

Apportionment of payments etc. made for more than one earner

Payments on account of directors' contributions

Payments treated as remuneration and earnings

Class 1 contributions

Class 1A contributions

Class 1B contributions

Contributions paid in error

Recovery of primary Class 1 contributions by secondary contributors

Contributions returns

Collection of contributions by Secretary of State

Interest and penalties chargeable concurrently with Inland Revenue

Levy of Class 4 contributions with income tax

Breach of regulations

Offences and penalties relating to contributions

Recovery of contributions etc

Recovery of contributions etc

Liability of directors etc. for company’s contributions

Class 1B contributions: supplemental

Payments of certain contributions out of the Consolidated Fund

Daily rate of maternity allowance

Rates of short-term incapacity benefit

Validation of certain housing benefit determinations

Discretionary payments out of social fund

Budgeting loans: criteria for making awards

Power to reduce child benefit for lone parents

Provision of information

Overpayments out of social fund

Power to anticipate pensions up-rating order

Pilot schemes

Expenditure for facilitating transfer of functions etc

Regulations and orders

Parliamentary control of regulations

Reports by Secretary of State

Financial provisions

Transitory provisions

Interpretation: general

Provision for Northern Ireland

Minor and consequential amendments and repeals

Short title, commencement and extent

Editorial notes