Legalize / United Kingdom / Public General Act

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

articles Not indexed

Reform history JSON API

(7B) (1) Regulations may provide that, in such cases or circumstances as may be prescribed— (a) contributions payable under Part I of this Act shall be paid to the Secretary of State (and not to the Inland Revenue); and (b) the Secretary of State shall be responsible for the collection of such contributions, and generally for the relevant administration. (2) Regulations under this paragraph may, in particular— (a) provide for returns to be made to the Secretary of State by such date as may be prescribed; (b) prescribe the form in which returns are to be made, or provide for returns to be made in such form as the Secretary of State may approve; (c) prescribe the manner in which contributions are to be paid, or provide for contributions to be paid in such manner as the Secretary of State may approve; (d) prescribe the due date for the payment of contributions; (e) subject to sub-paragraph (4) below, provide for interest to be charged by the Secretary of State on contributions that are not paid by the due date, and for enabling such interest to be remitted or repaid; (f) provide for interest to be paid on contributions that fall to be repaid; (g) provide for determining the date from which interest to be charged or paid pursuant to regulations under paragraph (e) or (f) above is to be calculated; (h) provide for penalties to be imposed in respect of a person who— (i) fails to submit, within the time allowed, a return required to be made in accordance with regulations under paragraph (a) above; (ii) in making such a return, fraudulently or negligently fails to provide any information or computation that he is required to provide; (iii) in making such a return, fraudulently or negligently provides any incorrect information or computation; or (iv) fails to pay Class 2 contributions by the due date; (i) provide for a penalty imposed pursuant to regulations under paragraph (h) above to carry interest from the date on which it becomes payable until payment. (3) Where— (a) a decision relating to contributions falls to be made under section 8, 9, 10, 12, 14 or 15 of the Social Security Act 1998; and (b) the decision will affect a person’s liability for, or the amount of, any interest due in respect of those contributions, regulations under sub-paragraph (2)(e) above shall not require any such interest to be paid until the decision has been made. (4) Regulations under sub-paragraph (2)(e) above may provide that, in such cases or circumstances as may be prescribed, interest under those regulations may be charged by the Inland Revenue (instead of the Secretary of State) as if the regulations were made by virtue of paragraph 6 above. (5) Regulations under sub-paragraph (2)(h) above shall— (a) prescribe the rates of penalty, or provide for how they are to be ascertained; (b) subject to sub-paragraph (6) below, provide for the penalty to be imposed by the Secretary of State— (i) within six years after the date on which the penalty is incurred; or (ii) where the amount of the penalty is to be ascertained by reference to the amount of any contributions payable, at any later time within three years after the final determination of the amount of those contributions; (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. (6) Regulations under sub-paragraph (2)(h)(ii) or (iii) above may provide that, in such cases or circumstances as may be prescribed, penalties under those regulations may be imposed by the Inland Revenue (instead of the Secretary of State) as if the return in question were a contributions return within the meaning of paragraph 7 above. (7) Section 12 above shall not apply in relation to Class 2 contributions in respect of which the Secretary of State charges interest or imposes a penalty pursuant to regulations under paragraph (e) or (h) of sub-paragraph (2) above. (8) Interest or penalties may be charged by virtue of regulations under this paragraph in respect of a period before the coming into force of section 57 of the Social Security Act 1998 but only to the extent that interest or penalties would have been chargeable if the contributions in question had been recoverable, in respect of that period, by virtue of regulations under paragraph 6 above. (9) Any reference to contributions in sub-paragraph (1) above shall be construed as including a reference to any interest or penalty payable, in respect of contributions, by virtue of regulations under paragraph (e) or (h) of sub-paragraph (2) above. (10) The rate of interest applicable for any purpose of this paragraph shall be the rate from time to time prescribed under section 178 of the Finance Act 1989 for the corresponding purpose of paragraph 6 above.

Interest and penalties chargeable concurrently with Inland Revenue

58

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

Levy of Class 4 contributions with income tax

59

(1) Schedule 2 to the Contributions and Benefits Act (levy of Class 4 contributions with income tax) and Schedule 2 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (corresponding provision for Northern Ireland) shall each be amended as follows.

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

(3) In paragraph 3, sub-paragraph (1)(b) shall cease to have effect.

(4) In sub-paragraph (2) of paragraph 4, for the words “may either be charged” to the end there shall be substituted the words “shall be charged on him separately”.

(5) In sub-paragraph (1) of paragraph 6—

(a) for the words from “Sections 86” to “fault)” there shall be substituted the words “Section 86 of the Taxes Management Act 1970 (interest on overdue tax)”;

(b) for the words “as they apply” there shall be substituted the words “as it applies”.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments of Administration Act

Breach of regulations

60

For section 113 of the Administration Act there shall be substituted the following section—

(113) (1) Regulations and schemes under any of the Acts to which section 110 above applies may provide that any person who contravenes, or fails to comply with, any provision contained in regulations made under that Act— (a) in the case of a provision relating to contributions, shall be liable to a penalty; (b) in any other case, shall be guilty of an offence under that Act. (2) Any regulations or scheme making such provision as is mentioned in subsection (1)(a) above shall— (a) prescribe the amount or rate of penalty, or provide for how it is to be ascertained; (b) provide for the penalty to be imposed by the Secretary of State— (i) within six years after the date on which the penalty is incurred; or (ii) where the amount of the penalty is to be ascertained by reference to the amount of any contributions payable, at any later time within three years after the final determination of the amount of those contributions; (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 any such penalty, or to stay or to compound any proceedings for a penalty. (3) A person guilty of such an offence as is mentioned in subsection (1)(b) above shall be liable on summary conviction— (a) to a fine not exceeding level 3 on the standard scale; (b) in the case of an offence of continuing a contravention or failure after conviction, to a fine not exceeding £40 for each day on which it is so continued. (4) Any provision contained in regulations which authorises statutory sick pay or statutory maternity pay to be set off against secondary Class 1 contributions is not a provision relating to contributions for the purposes of this section.

Offences and penalties relating to contributions

61

For section 114 of the Administration Act there shall be substituted the following sections—

(114) (1) Any person who is knowingly concerned in the fraudulent evasion of any contributions which he or any other person is liable to pay shall be guilty of an offence. (2) A person guilty of an offence under this section shall be liable— (a) on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine or to both; (b) on summary conviction, to a fine not exceeding the statutory maximum. (114A) (1) If a person fails to pay, at or within the time prescribed for the purpose, any contribution which he is liable to pay, he shall be liable to a penalty. (2) If a person fails to pay, at or within the time prescribed for the purpose, any sums which he is required by regulations made by virtue of paragraph 6 or 7B of Schedule 1 to the Contributions and Benefits Act to pay, he shall be liable to a penalty under subsection (1) above without proof of his failure so to pay any particular contribution. (3) For the purposes of subsection (1) above, regulations shall— (a) prescribe the amount or rate of penalty, or provide for how it is to be ascertained; (b) provide for the penalty to be imposed by the Secretary of State— (i) within six years after the date on which the penalty is incurred; or (ii) where the amount of the penalty is to be ascertained by reference to the amount of any contributions payable, at any later time within three years after the final determination of the amount of those contributions; (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 any such penalty, or to stay or to compound any proceedings for a penalty. (4) Subsection (1) above does not apply— (a) to any failure by a person in respect of which he has been convicted of an offence under section 114(1) above; or (b) to Class 4 contributions recoverable by the Inland Revenue.

Evidence of non-payment

62

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

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

(3) In subsection (4) of that section, the words “for a particular contribution card or”, and the words “the card in question or”, shall cease to have effect.

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

Recovery of contributions etc

63

After section 121 of the Administration Act there shall be inserted the following sections—

(121A) (1) If— (a) a person is served at any time with a copy of a certificate under section 118(1) above; and (b) he neglects or refuses to pay the contributions, interest or penalty to which the certificate relates within 30 days of that time, an authorised officer may distrain upon the goods and chattels of that person (“the person in default”). (2) For the purpose of levying any such distress, a justice of the peace, on being satisfied by information on oath that there is reasonable ground for believing that the conditions in subsection (1) above are fulfilled, may issue a warrant in writing authorising the authorised officer to enter in the daytime, by force if necessary, any premises to which this section applies, calling on the assistance of any constable. (3) Every such constable shall, when so required, assist the authorised officer in the execution of the warrant and in levying the distress in the premises. (4) A warrant to enter premises by force shall be executed by the authorised officer, or under his direction and in his presence. (5) A distress levied by the authorised officer shall be kept for five days, and any costs or charges shall be borne by the person in default. (6) If the person in default does not pay the sum due, together with the costs and charges, the distress shall be appraised by one or more independent persons appointed by the authorised officer, and shall be sold by public auction by the authorised officer for payment of the sum due and all costs and charges. (7) Any surplus arising from the distress, after the deduction of the costs and charges and of the sum due, shall be paid to the owner of the goods distrained. (8) Regulations may make provision with respect to— (a) the fees chargeable on or in connection with the levying of distress; and (b) the costs and charges recoverable where distress has been levied. (9) In this section “authorised officer” means an officer of the Secretary of State authorised by him for the purposes of this section. (10) The premises to which this section applies are premises where an authorised officer has reasonable grounds for believing that— (a) any persons are employed; or (b) a trade or business is being carried on; but this section does not apply to a private dwelling-house unless an authorised officer has reasonable grounds for believing that a trade or business is being carried on from the dwelling-house and that the trade or business is not also being carried on from premises other than a dwelling-house. (121B) (1) Where any contributions, interest or penalty remains unpaid 30 days after the service of a certificate under section 118(1) above, an authorised officer may apply to the sheriff for the grant of a summary warrant authorising the recovery of the amount remaining unpaid by any of the following diligences— (a) a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act l987; (b) an earnings arrestment; (c) an arrestment and action of furthcoming or sale. (2) An application under subsection (1) above shall be accompanied by— (a) a copy of the certificate served under section 118(1) above; and (b) a certificate by the authorised officer— (i) stating that the certificate was served on the person specified in the application; (ii) stating that the amount specified in the certificate, or any part of that amount, remains unpaid at the date of the application. (3) A summary warrant granted on an application under subsection (1) above shall be in such form as may be prescribed by Act of Sederunt. (4) Subject to subsection (5) below and without prejudice to paragraphs 25 to 34 of Schedule 5 to the Debtors (Scotland) Act 1987 (expenses of poinding and sale), the sheriff officer’s fees, together with the outlays necessarily incurred by him, in connection with the execution of a summary warrant granted on an application under subsection (1) above shall be chargeable against the debtor. (5) No fee shall be chargeable by the sheriff officer against the debtor for collecting, and accounting to the Secretary of State, for sums paid to him by the debtor in respect of the amount owing. (6) In this section “authorised officer” means an officer of the Secretary of State authorised by him for the purposes of this section.

Payments of certain contributions out of the Consolidated Fund

64

After section 121B of the Administration Act there shall be inserted the following sections—

(121C) (1) This section applies to contributions which a body corporate is liable to pay, where— (a) the body corporate has failed to pay the contributions at or within the time prescribed for the purpose; and (b) the failure appears to the Secretary of State to be attributable to fraud or neglect on the part of one or more individuals who, at the time of the fraud or neglect, were officers of the body corporate (“culpable officers”). (2) The Secretary of State may issue and serve on any culpable officer a notice (a “personal liability notice”)— (a) specifying the amount of the contributions to which this section applies (“the specified amount”); (b) requiring the officer to pay to the Secretary of State— (i) a specified sum in respect of that amount; and (ii) specified interest on that sum; and (c) where that sum is given by paragraph (b) of subsection (3) below, specifying the proportion applied by the Secretary of State for the purposes of that paragraph. (3) The sum specified in the personal liability notice under subsection (2)(b)(i) above shall be— (a) in a case where there is, in the opinion of the Secretary of State, no other culpable officer, the whole of the specified amount; and (b) in any other case, such proportion of the specified amount as, in the opinion of the Secretary of State, the officer’s culpability for the failure to pay that amount bears to that of all the culpable officers taken together. (4) In assessing an officer’s culpability for the purposes of subsection (3)(b) above, the Secretary of State may have regard both to the gravity of the officer’s fraud or neglect and to the consequences of it. (5) The interest specified in the personal liability notice under subsection (2)(b)(ii) above shall be at the prescribed rate and shall run from the date on which the notice is issued. (6) An officer who is served with a personal liability notice shall be liable to pay to the Secretary of State the sum and the interest specified in the notice under subsection (2)(b) above. (7) Where, after the issue of one or more personal liability notices, the amount of contributions to which this section applies is reduced by a payment made by the body corporate— (a) the amount that each officer who has been served with such a notice is liable to pay under this section shall be reduced accordingly; (b) the Secretary of State shall serve on each such officer a notice to that effect; and (c) where the reduced liability of any such officer is less than the amount that he has already paid under this section, the difference shall be repaid to him together with interest on it at the prescribed rate. (8) Any amount paid under a personal liability notice shall be deducted from the liability of the body corporate in respect of the specified amount. (9) In this section— - “contributions” includes any interest or penalty in respect of contributions; - “officer”, in relation to a body corporate, means— any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act as such; and in a case where the affairs of the body corporate are managed by its members, any member of the body corporate exercising functions of management with respect to it or purporting to do so; - “the prescribed rate” means the rate from time to time prescribed by regulations under section 178 of the Finance Act 1989 for the purposes of the corresponding provision of Schedule 1 to the Contributions and Benefits Act, that is to say— in relation to subsection (5) above, paragraph 6(2)(a); in relation to subsection (7) above, paragraph 6(2)(b). (121D) (1) No appeal shall lie in relation to a personal liability notice except as provided by this section. (2) An individual who is served with a personal liability notice may appeal to an appeal tribunal against the Secretary of State’s decision as to the issue and content of the notice on the ground that— (a) the whole or part of the amount specified under subsection (2)(a) of section 121C above (or the amount so specified as reduced under subsection (7) of that section) does not represent contributions to which that section applies; (b) the failure to pay that amount was not attributable to any fraud or neglect on the part of the individual in question; (c) the individual was not an officer of the body corporate at the time of the alleged fraud or neglect; or (d) the opinion formed by the Secretary of State under subsection (3)(a) or (b) of that section was unreasonable. (3) The Secretary of State shall give a copy of any notice of an appeal under this section, within 28 days of the giving of the notice, to each other individual who has been served with a personal liability notice. (4) On an appeal under this section, the burden of proof as to any matter raised by a ground of appeal shall be on the Secretary of State. (5) Where an appeal under this section— (a) is brought on the basis of evidence not considered by the Secretary of State, or on the ground mentioned in subsection (2)(d) above; and (b) is not allowed on some other basis or ground, the appeal tribunal shall either dismiss the appeal or remit the case to the Secretary of State, with any recommendations it sees fit to make, for him to consider whether to revise his decision as to the issue and content of the personal liability notice. (6) In this section— - “appeal tribunal” means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998; - “officer”, in relation to a body corporate, has the same meaning as in section 121C above; - “personal liability notice” has the meaning given by subsection (2) of that section; - “revise” means revise under section 9 of the Social Security Act 1998.

Class 1B contributions: supplemental

65

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

(2) In subsection (5) of section 162 of that Act (destination of contributions), after paragraph (c) there shall be inserted the following paragraph—

(ca) in the case of Class 1B contributions, 0.9 per cent of the amount estimated to be the aggregate of the emoluments and the amounts of income tax in respect of which those contributions were paid;

Payments of certain contributions out of the Consolidated Fund

66

(1) Subsection (4) of section 163 of the Administration Act (general financial arrangements) shall have effect, and shall be deemed always to have had effect, as if—

(a) for the words “a secondary contributor” there were substituted the words “any person”; and

(b) after the words “any secondary Class 1 contributions” there were inserted the words “, or any Class 1A contributions,”.

(2) Subsection (2) of section 1 of the Social Security (Miscellaneous Provisions) Act 1977 (from which subsection (4) of section 163 is derived) shall be deemed to have had effect with the same amendments as from the commencement of the Social Security (Contributions) Act 1991.

Part III — Benefits

Amendments etc. of Contributions and Benefits Act

Daily rate of maternity allowance

67

In subsection (5) of section 35 of the Contributions and Benefits Act (maternity allowance), for paragraphs (a) and (b) there shall be substituted the words “the amount payable by way of that allowance for any day shall be taken as one seventh of the weekly rate of the allowance”.

Statutory sick pay not precluded by maternity allowance

68

For subsection (4) of section 44 of the Contributions and Benefits Act (Category A retirement pension) there shall be substituted the following subsection—

(4) The weekly rate of the basic pension shall be £64.70 except that, so far as the sum is relevant for the purpose of calculating the lower rate of short-term incapacity benefit under section 30B(3) above, it shall be £62.05. In this subsection “the lower rate” means the rate payable for the first 196 days of entitlement in any period of incapacity for work.

Validation of certain housing benefit determinations

69

(1) Subject to subsections (3) and (4) below, in so far as a housing benefit determination made before 18th August 1997 purported to determine that housing benefit was payable in respect of—

(a) charges for medical care, nursing care or personal care; or

(b) charges for general counselling or any other support services,

it shall be deemed to have been validly made if, on the assumption mentioned in subsection (2) below, it would have been so made.

(2) The assumption is that, at all material times, such charges as are mentioned in subsection (1) above were eligible to be met by housing benefit where the claimant’s right to occupy the dwelling was conditional on his payment of the charges.

(3) Where the effect of a review carried out on or after 18th August 1997 was to revise the amount of housing benefit payable in respect of any validated charges—

(a) the revision shall be deemed not to have been validly made in so far as it had the effect of increasing that amount; and

(b) housing benefit shall cease to be payable in respect of those charges as from the beginning of the period for which the first payment of the revised amount of benefit was made.

(4) Housing benefit shall not be payable in respect of any validated charges for any period falling after—

(a) 5th April 1998 where the rent is payable at intervals of a whole number of weeks; and

(b) 31st March 1998 in any other case.

(5) In this section—

“the dwelling”, in relation to a housing benefit determination, means the dwelling in respect of which the determination was made;

“housing benefit determination” means a determination under section 130 of the Contributions and Benefits Act or the corresponding provisions of the Social Security Act 1986, or a decision on a review of such a determination;

“medical care” includes treatment or counselling related to mental disorder, mental handicap, physical disablement or past or present alcohol or drug dependence;

“personal care” includes assistance at meal-times or with personal appearance or hygiene;

“validated charges” means charges in respect of which housing benefit is payable only by virtue of subsection (1) above.

70

(1) For subsection (1) of section 138 of the Contributions and Benefits Act (payments out of social fund) there shall be substituted the following subsection—

(1) There may be made out of the social fund, in accordance with this Part of this Act— (a) payments of prescribed amounts, whether in respect of prescribed items or otherwise, to meet, in prescribed circumstances, maternity expenses and funeral expenses; and (b) payments by way of community care grant, crisis loan or budgeting loan to meet other needs in accordance with directions given or guidance issued by the Secretary of State.

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

(5) In this Part— - “budgeting loan” means a loan awarded in circumstances specified in directions issued by the Secretary of State for the purpose of defraying an intermittent expense; - “community care grant” means a grant awarded in circumstances so specified for the purpose of meeting a need for community care; - “crisis loan” means a loan awarded in circumstances so specified for the purpose of meeting an immediate short term need; and any reference in this subsection to meeting a need or defraying an expense includes a reference to helping to meet the need or to defray the expense.

Budgeting loans: criteria for making awards

71

(1) In subsection (1) of section 140 of the Contributions and Benefits Act (social fund: principles of determination), after the word “award” there shall be inserted the words “of a community care grant or a crisis loan”.

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

(1A) Subject to subsection (2) below, in determining whether to make an award of a budgeting loan to the applicant, or the amount or value to be awarded, an appropriate officer shall have regard to— (a) such of the applicant’s personal circumstances as are of a description specified in directions issued by the Secretary of State; and (b) the criteria specified in paragraphs (b) to (e) of subsection (1) above; but where the criterion mentioned in paragraph (a) above would preclude the award of such a loan, the appropriate officer shall have regard instead to such other criterion as may be specified in directions so issued.

(3) In subsection (4) of that section, paragraph (e) shall cease to have effect and after paragraph (a) there shall be inserted the following paragraph—

(aa) that in circumstances specified in the direction an application for an award of a community care grant may be treated as an application for an award of a crisis loan, and vice versa;

Power to reduce child benefit for lone parents

72

(1) Regulations may revoke any provision of regulations which prescribes a higher rate of child benefit in the case of a lone parent, notwithstanding anything in section 145(4) of the Contributions and Benefits Act (which precludes regulations from prescribing a rate lower than the rate it replaces).

(2) In this section “lone parent” means a parent who—

(a) has no spouse or civil partner or is not living with his spouse or civil partner; and

(b) is not living with any other person as his spouse or civil partner.

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

Statutory sick pay not precluded by maternity allowance

73

In paragraph 2(d) of Schedule 11 to the Contributions and Benefits Act (circumstances in which periods of entitlement to statutory sick pay do not arise), the words “(ii) she was entitled to a maternity allowance, or” shall cease to have effect.

Amendments of Administration Act

Regulations and orders

74

In subsection (1) of section 5 of the Administration Act (regulations about claims for and payments of benefit), there shall be inserted after paragraph (h) the following paragraph—

(hh) for requiring such person as may be prescribed in accordance with the regulations to furnish any information or evidence needed for a determination whether a decision on an award of benefit to which this section applies— (i) should be revised under section 9 of the Social Security Act 1998; or (ii) should be superseded under section 10 of that Act;

75

(1) After section 71 of the Administration Act there shall be inserted the following section—

(71ZA) (1) Subject to subsection (2) below, section 71 above shall apply in relation to social fund payments to which this section applies as it applies in relation to payments made in respect of benefits to which that section applies. (2) Section 71 above as it so applies shall have effect as if— (a) in paragraph (a) of subsection (5) and subsection (5A), for the words “reversed or varied on an appeal or has been revised under section 9 or superseded under section 10” there were substituted the words “revised on a review under section 38”; (b) in paragraph (b) of subsection (5), for the words “on the appeal or under that section” there were substituted the words “on the review”; and (c) subsections (7), (10A) and (10B) were omitted. (3) This section applies to social fund payments such as are mentioned in section 138(1)(b) of the Contributions and Benefits Act.

(2) This section applies where such a determination as is mentioned in section 71(1) of the Administration Act is made in relation to a social fund payment—

(a) to which section 71ZA of that Act applies; and

(b) which is made on or after the day on which this section comes into force.

Power to anticipate pensions up-rating order

76

After section 155 of the Administration Act there shall be inserted the following section—

(155A) (1) This section applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies— (a) the amounts by which he proposes, by an order under section 150 above, to increase— (i) the weekly sums that are payable by way of retirement pension; or (ii) the amount of graduated retirement benefit payable for each unit of graduated contributions; and (b) the date on which he proposes to bring the increases into force (“the commencing date”). (2) Where, before the commencing date and after the date on which the statement is made, an award is made of a retirement pension or a graduated retirement benefit, the award either may provide for the pension or benefit to be paid as from the commencing date at the increased rate or may be expressed in terms of the rate appropriate at the date of the award.

Part IV — Miscellaneous and supplemental

Pilot schemes

77

(1) Any regulations to which this subsection applies may be made so as to have effect for a specified period not exceeding 12 months.

(2) Any regulations which, by virtue of subsection (1) above, are to have effect for a limited period are referred to in this section as “a pilot scheme”.

(3) A pilot scheme may provide that its provisions are to apply only in relation to—

(a) one or more specified areas or localities;

(b) one or more specified classes of person;

(i) by reference to prescribed criteria; or

(ii) on a sampling basis.

(4) A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.

(5) A pilot scheme (“the previous scheme”) may be replaced by a further pilot scheme making the same, or similar, provision (apart from the specified period) to that made by the previous scheme.

(6) In so far as a pilot scheme would, apart from this subsection, have the effect of—

(a) treating as capable of work any person who would not otherwise be so treated; or

(b) reducing the total amount of benefit that would otherwise be payable to any person,

it shall not apply in relation to that person.

(7) Subsection (1) above applies to—

(a) regulations made under section 171D of the Contributions and Benefits Act (incapacity for work: persons treated as incapable of work); and

(b) in so far as they are consequential on or supplementary to any such regulations, regulations made under any of the provisions mentioned in subsection (8) below.

(8) The provisions are—

(a) subsection (5)(a) of section 22 of the Contributions and Benefits Act (earnings factors);

(b) section 30C of that Act (incapacity benefit);

(d) subsection (1)(e) of section 124 of that Act (income support) and, so far as relating to income support, subsection (1) of section 135 of that Act (the applicable amount);

(e) Part XIIA of that Act (incapacity for work);

(f) section 61A of the Administration Act and section 31 above (incapacity for work).

(9) A statutory instrument containing (whether alone or with other provisions) a pilot scheme shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Expenditure for facilitating transfer of functions etc

78

(1) The Secretary of State and the Commissioners of Inland Revenue may incur expenditure in doing anything which in his or their opinion is appropriate for the purpose of facilitating either of the following things, namely—

(a) the transfer to the Commissioners of such of the functions of the Secretary of State as are exercisable by the Contributions Agency; and

(b) the exercise by the Commissioners of those functions.

(2) The powers conferred by subsection (1) above—

(a) shall be exercisable whether or not Parliament has given any approval on which either of the things there mentioned depends; and

(b) shall be without prejudice to any power conferred otherwise than by virtue of that subsection.

(3) Any expenditure incurred under this section shall be defrayed out of money provided by Parliament.

(4) In its application to Northern Ireland, this section shall have effect with the following modifications, namely—

(a) for the first reference to the Secretary of State there shall be substituted a reference to the Department of Health and Social Services for Northern Ireland;

(b) for the reference to such of the functions of the Secretary of State as are exercisable by the Contributions Agency there shall be substituted a reference to such of the functions of that Department as correspond to those functions; and

(c) for the reference to money provided by Parliament there shall be substituted a reference to money appropriated by Measure of the Northern Ireland Assembly.

Regulations and orders

79

(1) Subject to subsection (2A) below, regulations under this Act shall be made by the Secretary of State.

(2) Regulations with respect to proceedings before the Commissioners (whether for the determination of any matter or for leave to appeal to or from the Commissioners) shall be made by the Lord Chancellor; and where the Lord Chancellor proposes to make regulations under this Act it shall be his duty to consult the Lord Advocate with respect to the proposal.

(2A) Subsection (1) has effect subject to any provision providing for regulations to be made by the Treasury or the Commissioners of Inland Revenue.

(3) Powers under this Act to make regulations or orders are exercisable by statutory instrument.

(4) Any power conferred by this Act to make regulations or orders may be exercised—

(a) either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;

(b) so as to make, as respects the cases in relation to which it is exercised—

(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise);

(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act;

(iii) any such provision either unconditionally or subject to any specified condition;

and where such a power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.

(5) Powers to make regulations for the purposes of any one provision of this Act are without prejudice to powers to make regulations for the purposes of any other provision.

(6) Without prejudice to any specific provision in this Act, a power conferred by this Act to make regulations includes power to make thereby such incidental, supplementary, consequential or transitional provision as appears to the authority making the regulations to be expedient for the purposes of those regulations.

(6A) The provision referred to in subsection (6) includes, in a case where regulations under this Act require or authorise the use of electronic communications, provision referred to in section 8(4) and (5) and 9(5) of the Electronic Communications Act 2000.

(6B) For the purposes of subsection (6A), references in section 8(4) and (5) and 9(5) of the Electronic Communications Act 2000 to an order under section 8 of that Act are to be read as references to regulations under this Act; and references to anything authorised by such an order are to be read as references to anything required or authorised by such regulations.

(7) Without prejudice to any specific provisions in this Act, a power conferred by any provision of this Act to make regulations includes power to provide for a person to exercise a discretion in dealing with any matter.

(8) Any power conferred by this Act to make regulations relating to housing benefit or council tax benefit shall include power to make different provision for different areas or different authorities.

(9) In this section “Commissioner” has the same meaning as in Chapter II of Part I.

Parliamentary control of regulations

80

(1) Subject to the provisions of this section, a statutory instrument containing (whether alone or with other provisions) regulations under—

(a) section 7, 12(2) or (3A) or 72 above; or

(b) paragraph 12 of Schedule 1, paragraph 9 of Schedule 2 or paragraph 2 of Schedule 5 to this Act,

shall not be made unless a draft of the instrument has been laid before Parliament and been approved by a resolution of each House of Parliament.

(2) A statutory instrument—

(a) which contains (whether alone or with other provisions) regulations made under this Act by the Secretary of State , the Treasury or the Commissioners of Inland Revenue; and

(b) which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) A statutory instrument—

(a) which contains (whether alone or with other provisions) regulations made under this Act by the Lord Chancellor; and

(b) which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) No order shall be made by the Lord Chancellor under section 7(6A) above unless a draft of the statutory instrument containing the order has been laid before Parliament and been approved by a resolution of each House of Parliament.

Reports by Secretary of State

81

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

Financial provisions

82

(1) There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by the Secretary of State or the Lord Chancellor under or by virtue of this Act; and

(b) any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.

(2) There shall be paid out of or into the Consolidated Fund any increase attributable to this Act in the sums which under any other Act are payable out of or into that Fund.

Transitory provisions

83

Schedule 6 to this Act (which contains transitory provisions) shall have effect.

Interpretation: general

84

In this Act—

“the Administration Act” means the Social Security Administration Act 1992;

“the Child Support Act” means the Child Support Act 1991;

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;

“the Jobseekers Act” means the Jobseekers Act 1995;

“the Vaccine Damage Payments Act” means the Vaccine Damage Payments Act 1979;

“prescribe” means prescribe by regulations.

Provision for Northern Ireland

85

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to those of this Act—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Minor and consequential amendments and repeals

86

(1) The enactments mentioned in Schedule 7 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

(2) The enactments mentioned in Schedule 8 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule.

Short title, commencement and extent

87

(1) This Act may be cited as the Social Security Act 1998.

(2) This Act, except—

(a) sections 66, 69, 72 and 77 to 85, this section and Schedule 6 to this Act; and

(b) subsection (1) of section 50 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, and subsections (2) to (4) of that section,

shall come into force on such day as may be appointed by order made by the Secretary of State; and different days may be appointed for different provisions and for different purposes.

(3) An order under subsection (2) above may make such savings, or such transitional or consequential provision, as the Secretary of State considers necessary or expedient—

(a) in preparation for or in connection with the coming into force of any provision of this Act; or

(b) in connection with the operation of any enactment repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

(4) This Act, except—

(a) section 2 so far as relating to war pensions;

(b) sections 3, 15, 45 to 47, 59, 78 and 85 and this section; and

does not extend to Northern Ireland.

(5) The following provisions of this Act extend to the Isle of Man, namely—

(a) in section 4, subsections (1)(c) and (2)(c);

(b) sections 6 and 7 and Schedule 1 so far as relating to appeals under the Vaccine Damage Payments Act;

(d) paragraphs 5 to 10 of Schedule 7 and section 86(1) so far as relating to those paragraphs; and

(e) section 86(2) and Schedule 8 so far as relating to the Vaccine Damage Payments Act.

SCHEDULE 1

Tenure of office

1

(1) Subject to the following provisions of this paragraph, the President of appeal tribunals shall hold and vacate office in accordance with the terms of his appointment.

(2) The President shall vacate his office on the day on which he attains the age of 75.

(3) The President may be removed from office by the Lord Chancellor, with the concurrence of the Lord Chief Justice and the Lord President of the Court of Session, on the ground of incapacity or misbehaviour.

(4) Where the Lord Chancellor proposes to exercise a power conferred on him by sub-paragraph (3) above, it shall be his duty to consult the Lord Advocate with respect to the proposal.

Remuneration etc.

2

The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions or allowances to or in respect of the President as he may determine.

3

The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions or allowances to or in respect of any person appointed under this Chapter to act as a member of an appeal tribunal, or as an expert to such a tribunal, as he may determine.

4

(1) The Secretary of State may pay—

(a) to any person required to attend at any proceedings under section 12 of this Act, section 20 of the Child Support Act or paragraph 6 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000; or

(b) to any person required under this Part (whether for the purposes of this Part or otherwise) to attend for or to submit himself to medical or other examination or treatment,

such travelling and other allowances as he may determine.

(2) In this paragraph references to travelling and other allowances include references to compensation for loss of remunerative time but such compensation shall not be paid to any person in respect of any time during which he is in receipt of remuneration under paragraph 3 above.

5

(1) Subject to sub-paragraph (2) below, the Secretary of State may pay such other expenses in connection with the work of any person or tribunal appointed or constituted under any provision of this Part as he may determine.

(2) Expenses are not payable under sub-paragraph (1) above in connection with the work of a tribunal presided over by a Social Security Commissioner.

Officers and staff

6

The Secretary of State may appoint such officers and staff as he thinks fit for the President and for appeal tribunals.

Functions of President

7

The President shall ensure that appropriate steps are taken by an appeal tribunal to secure the confidentiality, in such circumstances as may be prescribed, of any prescribed material or any prescribed classes or categories of material.

8

(1) The President shall, after the requisite consultation, arrange such training for persons appointed to the panel constituted under section 6 above as he considers appropriate.

(2) In sub-paragraph (1) above “the requisite consultation” means—

(a) except in the case of medical practitioners, consultation with the Secretary of State;

(b) in the case of such practitioners, consultation with the Chief Medical Officers of the Department of Health, the Welsh Office and the Scottish Office.

9

The President shall supply the Secretary of State with such reports and other information with respect to the carrying out of the functions of appeal tribunals as the Secretary of State may require.

10

Each year the President shall make to the Secretary of State and the Child Maintenance and Enforcement Commission a written report, based on the cases coming before appeal tribunals, on the standards achieved by the Secretary of State and the Child Maintenance and Enforcement Commission in the making of decisions against which an appeal lies to an appeal tribunal; and the Secretary of State shall publish the report.

Clerks to appeal tribunals

11

The Secretary of State may by regulations provide—

(a) for clerks to be assigned to service appeal tribunals; and

(b) for clerks so assigned to be responsible for summoning members of the panel constituted under section 6 above to serve on such tribunals.

Delegation of certain functions of appeal tribunals

12

(1) The Secretary of State may by regulations provide—

(a) for officers authorised by the Secretary of State to make any determinations which fall to be made by an appeal tribunal and which do not involve the determination of any appeal, application for leave to appeal or reference;

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

(2) A determination which would have the effect of preventing an appeal, application for leave to appeal or reference being determined by an appeal tribunal is not a determination of the appeal, application or reference for the purposes of sub-paragraph (1) above.

Certificates

13

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 an appeal tribunal or of an officer of the Secretary of State,

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.

SCHEDULE 2

Jobseeker’s allowance for persons under 18

1

In relation to a person who has reached the age of 16 but not the age of 18, a decision—

(a) whether section 16 of the Jobseekers Act is to apply to him; or

(b) whether to issue a certificate under section 17(4) of that Act.

Christmas bonus

2

A decision whether a person is entitled to payment under section 148 of the Contributions and Benefits Act.

Priority between persons entitled to carer’s allowance , carer support payment and the carer element of universal credit

3

A decision as to whether a person has entitlement under section 70(7ZA), (7ZC) or (7ZE) of the Contributions and Benefits Act.

Priority between persons entitled to child benefit

4

A decision as to the exercise of the discretion under paragraph 5 of Schedule 10 to the Contributions and Benefits Act.

Persons treated as if present in Great Britain

5

A decision whether to certify, in accordance with regulations made under section 64(1), 71(6), 113(1) or 119 of the Contributions and Benefits Act, that it is consistent with the proper administration of that Act to treat a person as though he were present in Great Britain.

Alteration of rates of benefit

6

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—

(a) the rate of benefit provided for by law; or

(b) an alteration of a kind referred to in—

(i) section 159(1)(b) of the Administration Act (income support); ...

(ii) section 159A(1)(b) of that Act (jobseeker’s allowance); ...

(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);

(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;

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

(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.

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.

;

(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”.

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—

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Social Security Act 1998

Interest and penalties chargeable concurrently with Inland Revenue

58

Levy of Class 4 contributions with income tax

59

Amendments of Administration Act

Breach of regulations

60

Offences and penalties relating to contributions

61

Evidence of non-payment

62

Recovery of contributions etc

63

Payments of certain contributions out of the Consolidated Fund

64

Class 1B contributions: supplemental

65

Payments of certain contributions out of the Consolidated Fund

66

Part III — Benefits

Amendments etc. of Contributions and Benefits Act

Daily rate of maternity allowance

67

Statutory sick pay not precluded by maternity allowance

68

Validation of certain housing benefit determinations

69

Discretionary payments out of social fund

70

Budgeting loans: criteria for making awards

71

Power to reduce child benefit for lone parents

72

Statutory sick pay not precluded by maternity allowance

73

Amendments of Administration Act

Regulations and orders

74

Overpayments out of social fund

75

Power to anticipate pensions up-rating order

76

Part IV — Miscellaneous and supplemental

Pilot schemes

77

Expenditure for facilitating transfer of functions etc

78

Regulations and orders

79

Parliamentary control of regulations

80

Reports by Secretary of State

81

Financial provisions

82

Transitory provisions

83

Interpretation: general

84

Provision for Northern Ireland

85

Minor and consequential amendments and repeals

86

Short title, commencement and extent

87

SCHEDULE 1

Tenure of office

1

Remuneration etc.

2

3

4

5

Officers and staff

6

Functions of President

7

8

9