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Child Support, Pensions and Social Security Act 2000

Type Public General Act

Publication 2000-07-28

Last updated 2016-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 1

Reform history JSON API

(5) The Secretary of State may by regulations make such transitional provision as he considers necessary or expedient in connection with the bringing into force of any of the following provisions of this Act—

(a) sections 43 to 46 and section (1) of Part III of Schedule 9;

(b) sections 68 to 70 and Schedule 7 and Part VII of Schedule 9.

(6) Regulations under subsection (5) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Section 174(2) to (4) of the Pensions Act 1995 (supplementary provision in relation to powers to make subordinate legislation under that Act) shall apply in relation to the power to make regulations under subsection (5) as it applies to any power to make regulations under that Act.

(8) In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

Short title and extent

87

(1) This Act may be cited as the Child Support, Pensions and Social Security Act 2000.

(2) The following provisions of this Act extend to Northern Ireland—

(a) so much of section 46 as amends section 21(3) of the Pensions Act 1995;

(b) sections 57 to 61 (except section 60(5));

(d) sections 78 to 81;

(e) in Schedule 3, paragraphs 8 and 9, and in paragraph 11, sub-paragraph (2) (and sub-paragraph (1) so far as it relates to that sub-paragraph);

(f) paragraph 6 of Schedule 5; and

(g) this Part, except—

(i) sections 82 and 83 and Schedule 8; and

(ii) so much of this Part as gives effect to any repeal other than the repeals mentioned in subsection (3).

(3) The repeals mentioned in subsection (2)(g) (which extend to Northern Ireland) are—

(a) the repeals, in Part I of Schedule 9, that relate to the Tax Credits Act 1999;

(b) the repeals, in sections (1), (6) and (11) of Part III of that Schedule, that relate to—

(i) section 21(3) of the Pensions Act 1995;

(ii) paragraph 49(a)(ii) of Schedule 3 to the Pensions (Northern Ireland) Order 1995; and

(iii) section 52(5) of the Pension Schemes (Northern Ireland) Act 1993;

(d) the repeals in section (2) of Part VIII of that Schedule.

(4) Subject to that, this Act does not extend to Northern Ireland.

SCHEDULE 1

SCHEDULE 2

Part I — Substituted Schedule 4A

Part II — Substituted Schedule 4B

SCHEDULE 3

The Army Act 1955 (3 & 4 Eliz. 2 c.18)

1

(1) Section 150A of the Army Act 1955 (enforcement of maintenance assessment by deductions from pay) shall be amended as follows.

(2) In subsections (1), (2)(a), (3)(a) (twice) and (4), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.

(3) In subsection (3) (twice), for “the assessment” there shall be substituted “ the calculation ”.

The Air Force Act 1955 (3 & 4 Eliz. 2 c.19)

2

(1) Section 150A of the Air Force Act 1955 (enforcement of maintenance assessment by deductions from pay) shall be amended as follows.

(2) In subsections (1), (2)(a), (3)(a) (twice) and (4), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.

(3) In subsection (3) (twice), for “the assessment” there shall be substituted “ the calculation ”.

The Matrimonial Causes Act 1973 (c. 18)

3

(1) The Matrimonial Causes Act 1973 shall be amended as follows.

(2) In section 29 (duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour)—

(a) in subsections (5)(a), (7) (three times) and (8)(a), for “maintenance assessment” there shall be substituted “ maintenance calculation ”;

(b) in subsections (5)(a) and (b)(ii) and (6)(b), for “current assessment” there shall be substituted “ current calculation ”;

(d) in subsection (6)(b), for “those assessments” there shall be substituted “ those calculations ”.

(3) In section 31 (variation, discharge, etc, of certain orders for financial relief)—

(a) in subsections (11)(c) and (12)(a) and (c), for “maintenance assessment” there shall be substituted “ maintenance calculation ”; and

(b) in subsection (11) (twice), for “the assessment” there shall be substituted “ the calculation ”.

(4) In section 52 (interpretation), in subsection (1), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.

The Domestic Proceedings and Magistrates Courts Act 1978 (c. 22)

4

(1) The Domestic Proceedings and Magistrates Courts Act 1978 shall be amended as follows.

(2) In section 5 (age limit on making orders for financial provision for children and duration of such orders)—

(a) in subsections (5)(a), (7) (three times) and (8)(a), for “maintenance assessment” there shall be substituted “ maintenance calculation ”;

(b) in subsections (5)(a) and (b)(ii) and (6)(b), for “current assessment” there shall be substituted “ current calculation ”; and

(3) In section 20 (variation, revival and revocation of orders for periodical payments)—

(a) in subsections (9A)(c) and (9B)(a) and (c), for “maintenance assessment” there shall be substituted “ maintenance calculation ”; and

(b) in subsection (9A) (three times), for “the assessment” there shall be substituted “ the calculation ”.

(4) In section 88 (interpretation), in subsection (1), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.

The Family Law (Scotland) Act 1985 (c. 37)

5

(1) The Family Law (Scotland) Act 1985 shall be amended as follows.

(2) In section 5 (variation and recall of decrees of aliment), in subsection (1A), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.

(3) In section 7 (agreements about aliment), in subsection (2A), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.

(4) In section 13 (orders for periodical allowance), in subsection (4A), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.

(5) In section 16 (agreements about financial provision), in subsection (3)(d), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.

(6) In section 27 (interpretation), in subsection (1), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.

The Insolvency Act 1986 (c. 45)

6

In section 281 of the Insolvency Act 1986 (effect of discharge on a bankrupt), in subsection (5)(b), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.

The Debtors (Scotland) Act 1987 (c. 18)

7

(1) The Debtors (Scotland) Act 1987 shall be amended as follows.

(2) In section 72 (effect of sequestration on diligence against earnings), in subsection (4A), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.

(3) In section 106 (interpretation), in the definition of “maintenance order”, in paragraph (j), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.

The Income and Corporation Taxes Act 1988 (c. 1)

8

(1) The Income and Corporation Taxes Act 1988 shall be amended as follows.

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

(3) In section 617 (social security benefits and contributions), in subsection (2)(ae), for “section 24 of the Child Support Act 1995 or under any corresponding enactment” there shall be substituted “ any enactment corresponding to section 24 of the Child Support Act 1995 ”.

The Finance Act 1988 (c. 39)

9

In the Finance Act 1988, in each of subsection (5A) of section 36 (annual payments) and subsection (8A) of section 38 (maintenance payments under existing obligations: 1989-90 onwards), for “maintenance assessment made” there shall be substituted “ maintenance calculation or maintenance assessment made respectively ”.

The Children Act 1989 (c. 41)

10

(1) Schedule 1 to the Children Act 1989 (financial provision for children) shall be amended as follows.

(2) In paragraph 3—

(a) in sub-paragraph (5)(a), (7) (three times) and (8)(a), for “maintenance assessment” there shall be substituted “ maintenance calculation ”;

(b) in sub-paragraph (5)(a) and (b)(ii) and (6)(b), for “current assessment” there shall be substituted “ current calculation ”;

(d) in sub-paragraph (6)(b), for “those assessments” there shall be substituted “ those calculations ”.

(3) In paragraph 6—

(a) in sub-paragraph (9) (three times), for “the assessment” there shall be substituted “ the calculation ”; and

(b) in sub-paragraph (9)(c), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.

(4) In paragraph 16(3), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.

The Child Support Act 1991 (c. 48)

11

(1) The 1991 Act shall be amended as follows.

(2) For “absent parent” (or any variant of that expression), wherever it occurs, there shall be substituted “ non-resident parent ” (or the corresponding variant) preceded, where appropriate, by “a” instead of “an”.

(3) In section 4 (child support maintenance)—

(a) in subsection (4)(a), after “be” there shall be inserted “ identified or ”; and

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

(4) In section 7 (right of a child in Scotland to apply for assessment)—

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

(b) in subsection (10)—

(i) after “qualifying child if” there shall be inserted “ (a) ”;

(ii) after “maintenance order” there shall be inserted “ made before a prescribed date ”; and

(iii) at the end there shall be inserted

or (b) a maintenance order made on or after the date prescribed for the purposes of paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made.

(5) In section 8 (role of the courts with respect to maintenance for children)—

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

(b) in subsection (3), at the beginning insert “ Except as provided in subsection (3A), ”;

(3A) Unless a maintenance calculation has been made with respect to the child concerned, subsection (3) does not prevent a court from varying a maintenance order in relation to that child and the non-resident parent concerned— (a) if the maintenance order was made on or after the date prescribed for the purposes of section 4(10)(a) or 7(10)(a); or (b) where the order was made before then, in any case in which section 4(10) or 7(10) prevents the making of an application for a maintenance calculation with respect to or by that child.

;

and

(d) in subsection (6), for paragraph (b) there shall be substituted—

(b) the non-resident parent’s net weekly income exceeds the figure referred to in paragraph 10(3) of Schedule 1 (as it has effect from time to time pursuant to regulations made under paragraph 10A(1)(b)); and

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

(7) In section 14 (information required by Secretary of State), in subsection (1), after “any application” there shall be inserted “ made or treated as made ”.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In section 28 (power of the Secretary of State to bring or defend actions of declarator), in subsection (1)(a)—

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

(b) for “or assessment was made” there shall be substituted “ was made or treated as made or the calculation was made ”.

(11) In section 28ZA (decisions involving issues that arise on appeal in other cases), in subsection (1)—

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

(b) for paragraph (b) there shall be substituted—

(b) an appeal is pending against a decision given in relation to a different matter by a Child Support Commissioner or a court.

(12) In section 28ZB (appeals involving issues that arise on appeal in other cases)—

(a) in subsection (1), for paragraph (a) there shall be substituted—

(a) an appeal (“appeal A”) in relation to a decision or the imposition of a requirement falling within section 20(1) is made to an appeal tribunal, or from an appeal tribunal to a Child Support Commissioner;

;

and

(b) in subsection (4), for the words “or assessment” there shall be substituted “ or the imposition of the requirement ”.

(13) In section 28ZC (restrictions on liability in certain cases of error)—

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

(b) in subsection (1)(b)(ii), for the words from “a decision” to the end there shall be substituted “ any decision (made after the commencement date) referred to in section 16(1A) ”;

(c) in subsection (1)(b)(iii), for the words from “a decision” to the end there shall be substituted “ any decision (made after the commencement date) referred to in section 17(1) ”;

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

(e) in subsection (6), in the definition of “adjudicating authority”, at the end there shall be inserted “ or, in the case of a decision made on a referral under section 28D(1)(b), an appeal tribunal ”.

(14) Sections 28H (departure directions: decisions and appeals) and 28I (transitional provisions relating to departure directions) shall cease to have effect.

(15) In section 30 (collection and enforcement of certain forms of maintenance), for subsection (2) there shall be substituted—

(2) The Secretary of State may, except in prescribed cases, arrange for the collection of any periodical payments, or secured periodical payments, of a prescribed kind which are payable for the benefit of a child even though he is not arranging for the collection of child support maintenance with respect to that child.

(16) In section 32 (regulations about deduction from earnings orders), in subsection (2), after paragraph (b) there shall be inserted—

(bb) for the amount or amounts which are to be deducted from the liable person’s earnings not to exceed a prescribed proportion of his earnings (as determined by the employer);

(17) In section 33 (liability orders), after subsection (5) there shall be inserted—

(6) Where regulations have been made under section 29(3)(a)— (a) the liable person fails to make a payment (for the purposes of subsection (1)(a) of this section); and (b) a payment is not paid (for the purposes of subsection (3)), unless the payment is made to, or through, the person specified in or by virtue of those regulations for the case of the liable person in question.

(18) In section 47 (fees), after subsection (3) there shall be inserted—

(4) The provisions of this Act with respect to— (a) the collection of child support maintenance; (b) the enforcement of any obligation to pay child support maintenance, shall apply equally (with any necessary modifications) to fees payable by virtue of regulations made under this section.

(19) In section 51 (supplementary power to make regulations), in subsection (2)—

(a) for paragraph (a)(ii) and (iii) there shall be substituted—

(ii) the making of decisions under section 11; (iii) the making of decisions under section 16 or 17;

;

and

(b) for paragraph (b) there shall be substituted—

(b) extending the categories of case to which section 16, 17 or 20 applies;

(20) In section 54 (interpretation)—

(a) in the definition of “application for a departure direction”, for “departure direction” there shall be substituted “ variation ”, and after “28A” there shall be inserted “ or 28G ”;

(b) after the definition of “deduction from earnings order” there shall be inserted—

“default maintenance decision” has the meaning given in section 12;

;

(c) in the definition of “interim maintenance assessment”, for the word “assessment” there shall be substituted the word “ decision ”;

(d) for the definition of “maintenance assessment” there shall be substituted—

“maintenance calculation” means a calculation of maintenance made under this Act and, except in prescribed circumstances, includes a default maintenance decision and an interim maintenance decision;

;

(e) the definitions of “assessable income”, “current assessment”, “departure direction” and “maintenance requirement” shall be omitted; and

(f) after the definition of “qualifying child” there shall be inserted—

“voluntary payment” has the meaning given in section 28J.

(21) In section 58 (short title, commencement and extent)—

(a) in subsection (9), after “35” there shall be inserted “ , 40 ”; and

(b) in subsection (10), after “28” there shall be inserted “ , 40A ”.

(22) In Schedule 1 (maintenance assessments)—

(a) paragraph 13 (which relates to assessments under which the amount payable is nil) shall cease to have effect;

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

(i) in sub-paragraph (1), paragraphs (d) and (e) shall cease to have effect,

(ii) sub-paragraphs (2) to (9) shall cease to have effect; and

(iii) in sub-paragraph (10), the words “, or should be cancelled” shall cease to have effect.

12

In section 7A of the Social Security Administration Act 1992 (sharing of functions as regards certain claims and information), in subsection (6)(a)—

(a) after “application” there shall be inserted “ (or an application treated as having been made) ”; and

(b) for “maintenance assessment” there shall be substituted “ maintenance calculation ”.

The Child Support Act 1995 (c. 34)

13

(1) The Child Support Act 1995 shall be amended as follows.

(2) In section 18 (deferral of right to apply for maintenance assessment), subsection (5) (which enables the Secretary of State by order to repeal any of the provisions of section 18) shall cease to have effect.

(3) Section 24 (which provides for the making of regulations under which compensation could be paid for a reduction in child support maintenance attributable to changes in child support legislation, and which is now spent) shall cease to have effect.

Prisoners' Earnings Act 1996 (c. 33)

14

In section 1 of the Prisoners’ Earnings Act 1996 (power to make deductions and impose levies), in subsection (4), in paragraph (d) of the definition of “net weekly earnings”, for “maintenance assessment” there shall be substituted “ maintenance calculation ”.

15

(1) The Social Security Act 1998 shall be amended as follows.

(2) In Schedule 2 (decisions against which no appeal lies), for paragraph 8 and the heading preceding it there shall be substituted—

(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).

SCHEDULE 4

The Schedule to be inserted after Schedule 4 to the Social Security Contributions and Benefits Act 1992 is as follows—

SCHEDULE 5

Part I — Miscellaneous amendments

Guaranteed minimum for widows and widowers

1

(1) In section 17 of the 1993 Act (guaranteed minimum for widow or widower), after subsection (4) there shall be inserted—

(4A) The scheme must provide for the widow or widower’s pension to be payable to the widow or widower— (a) for any period for which a Category B retirement pension is payable to the widow or widower by virtue of the earner’s contributions or would be so payable but for section 43(1) of the Social Security Contributions and Benefits Act 1992 (persons entitled to more than one retirement pension); (b) for any period for which widowed parent’s allowance or bereavement allowance is payable to the widow or widower by virtue of the earner’s contributions; and (c) in the case of a widow or widower whose entitlement by virtue of the earner’s contributions to a widowed parent’s allowance or bereavement allowance has come to an end at a time after the widow or widower attained the age of 45, for so much of the period beginning with the time when the entitlement came to an end as neither— (i) comprises a period during which the widow or widower and a person of the opposite sex are living together as husband and wife; nor (ii) falls after the time of any remarriage by the widow or widower.

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

(a) for “must provide” there shall be substituted “must also make provision”;

(b) the words “Category B retirement pension,”, in the first place where they occur, and the words from “or for which” onwards shall be omitted.

(3) In subsection (6) of that section, for “must provide” there shall be substituted “must also make provision”.

Transfer of rights to overseas personal pension schemes

2

(1) In section 20(1) of the 1993 Act (power to make provision for transfer of rights relating to guaranteed minimum pensions to an occupational or a personal pension scheme)—

(a) in paragraph (a), for “or to a personal pension scheme” there shall be substituted “, to a personal pension scheme or to an overseas arrangement”; and

(b) in paragraph (b), for “or a personal pension scheme” there shall be substituted “, a personal pension scheme or an overseas arrangement”.

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

(3) In section 181(1) of that Act (interpretation), there shall be inserted, at the appropriate place in the alphabetical order—

“overseas arrangement” means a scheme or arrangement which— (a) has effect, or is capable of having effect, so as to provide benefits on termination of employment or on death or retirement to or in respect of earners; (b) is administered wholly or primarily outside Great Britain; (c) is not an appropriate scheme; and (d) is not an occupational pension scheme;

Protected rights

3

(1) Section 28 of the 1993 Act (ways of giving effect to protected rights) shall be amended as follows.

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

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

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

Review and alteration of rates of contribution

4

In section 42(1)(a)(i) and (3) of the 1993 Act (review of percentages mentioned in section 41), for “41(1A)(a) and (b)” there shall be substituted “41(1A) and (1B)”.

Contributions equivalent premiums: Great Britain

5

(1) For subsection (4) of section 58 of the 1993 Act (calculation of contributions equivalent premiums) there shall be substituted—

(4) Subject to subsection (4A), the amount of the contributions equivalent premium shall be equal to the sum of the following amounts— (a) the amount of every reduction made under section 41 (as from time to time in force) in the amount of Class 1 contributions payable in respect of the earner’s employment in employment which was contracted-out by reference to the scheme; and (b) the total amount by which the reductions falling within paragraph (a) would have been larger if the amount of the contributions falling to be reduced had in each case been at least equal to the amount of the reduction of those contributions provided for by section 41. (4A) The amounts brought into account in accordance with subsection (4)(b) shall not include any amount which, by virtue of regulations made under section 41(1D) so as to avoid the payment of trivial or fractional amounts, is an amount that was not payable by the Inland Revenue to the secondary contributor.

(2) In section 61(2) of that Act (recovery of amount of premium attributable to primary Class 1 contributions), after “attributable to” there shall be inserted “any actual reductions of”.

(3) In section 63(1) of that Act (amounts to be certified by the Inland Revenue), for paragraph (b) there shall be substituted—

(b) the sum of the amounts specified in section 58(4);

(4) This paragraph shall have effect, and be deemed to have had effect, in relation to any contributions equivalent premium payable on or after 6th April 1999.

Contributions equivalent premiums: Northern Ireland

6

(1) For subsection (4) of section 54 of the Pension Schemes (Northern Ireland) Act 1993 (calculation of contributions equivalent premiums) there shall be substituted—

(4) Subject to subsection (4A), the amount of the contributions equivalent premium shall be equal to the sum of the following amounts— (a) the amount of every reduction made under section 37 (as from time to time in force) in the amount of Class 1 contributions payable in respect of the earner’s employment in employment which was contracted-out by reference to the scheme; and (b) the total amount by which the reductions falling within paragraph (a) would have been larger if the amount of the contributions falling to be reduced had in each case been at least equal to the amount of the reduction of those contributions provided for by section 37. (4A) The amounts brought into account in accordance with subsection (4)(b) shall not include any amount which, by virtue of regulations made under section 37(1D) so as to avoid the payment of trivial or fractional amounts, is an amount that was not payable by the Inland Revenue to the secondary contributor.

(2) In section 57(2) of that Act (recovery of amount of premium attributable to primary Class 1 contributions), after “attributable to” there shall be inserted “any actual reductions of”.

(3) In section 59(1) of that Act (amounts to be certified by the Inland Revenue), for paragraph (b) there shall be substituted—

(b) the sum of the amounts specified in section 54(4);

(4) This paragraph shall have effect, and be deemed to have had effect, in relation to any contributions equivalent premium payable on or after 6th April 1999.

Use of cash equivalent for annuity

7

Section 95(4) of the 1993 Act (cash equivalent of rights under a money purchase contracted-out scheme not to be used for purchase of annuity) shall cease to have effect.

Transfer values where pension in payment

8

(1) In section 97(2) of the 1993 Act (regulations about calculation of cash equivalents), for the “and” at the end of paragraph (a) there shall be substituted—

(aa) for a cash equivalent, including a guaranteed cash equivalent, to be reduced so as to take account of the extent (if any) to which an entitlement has arisen under the scheme to the present payment of the whole or any part of— (i) any pension; or (ii) any benefit in lieu of pension; and

(2) In section 98(7) of that Act (loss of right to cash equivalent)—

(a) after “right” there shall be inserted “if”; and

(b) paragraph (a) (loss of right on the whole or any part of a pension becoming payable) shall cease to have effect.

(3) In section 124(1) of the 1995 Act (interpretation), in the definition of “pensioner member”, after “other benefits” there shall be inserted “and who is not an active member of the scheme”.

(4) Sub-paragraph (2) has effect in relation to any case in which the whole or any part of a pension or other benefit becomes payable on or after the coming into force of that sub-paragraph.

Information about contracting-out

9

For section 156 of the 1993 Act (provision of information as to guaranteed minimum pensions) there shall be substituted—

(156) (1) The Secretary of State or the Inland Revenue may give to the trustees or managers of an occupational pension scheme or appropriate scheme such information as appears to the Secretary of State or Inland Revenue appropriate to give to them for the purpose of enabling them to comply with their obligations under Part III. (2) The Secretary of State or Inland Revenue may also give to such persons as may be prescribed any information that they could give under subsection (1) to trustees or managers of a scheme.

Register of disqualified trustees

10

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

Conditions of payment of surplus to employer

11

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

Duties relating to statements of contributions

12

(1) In section 41 of the 1995 Act (provision of documents for members), for subsection (5) there shall be substituted—

(5) Regulations may in the case of occupational pension schemes provide for— (a) prescribed persons, (b) persons with prescribed qualifications or experience, or (c) persons approved by the Secretary of State, to act for the purposes of subsection (2) instead of scheme auditors or actuaries. (5A) Regulations may impose duties on the trustees or managers of an occupational pension scheme to disclose information to, and make documents available to, a person acting under subsection (5). (5B) If any duty imposed under subsection (5A) is not complied with, sections 3 and 10 apply to any trustee, and section 10 applies to any manager, who has failed to take all such steps as are reasonable to secure compliance.

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

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

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

Interpretation of Part I

13

In this Part of this Schedule—

“the 1993 Act” means the Pension Schemes Act 1993; and

“the 1995 Act” means the Pensions Act 1995.

Part II — Alternative to anti-franking rules

Cases in which alternative applies

14

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

Alternative rules

15

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

Relationship between alternative rules and other rules

16

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Supplemental

17

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SCHEDULE 6

Preliminary

1

Part VI of the Social Security Administration Act 1992 (enforcement) shall be amended as follows.

Replacement for inspector’s powers

2

The following sections shall be substituted for section 110 (appointment and powers of inspectors)—

(109A) (1) An individual who for the time being has the Secretary of State’s authorisation for the purposes of this Part shall be entitled, for any one or more of the purposes mentioned in subsection (2) below, to exercise any of the powers which are conferred on an authorised officer by sections 109B and 109C below. (2) Those purposes are— (a) ascertaining in relation to any case whether a benefit is or was payable in that case in accordance with any provision of the relevant social security legislation; (b) investigating the circumstances in which any accident, injury or disease which has given rise, or may give rise, to a claim for— (i) industrial injuries benefit, or (ii) any benefit under any provision of the relevant social security legislation, occurred or may have occurred, or was or may have been received or contracted; (c) ascertaining whether provisions of the relevant social security legislation are being, have been or are likely to be contravened (whether by particular persons or more generally); (d) preventing, detecting and securing evidence of the commission (whether by particular persons or more generally) of benefit offences. (3) An individual has the Secretary of State’s authorisation for the purposes of this Part if, and only if, the Secretary of State has granted him an authorisation for those purposes and he is— (a) an official of a Government department; (b) an individual employed by an authority administering housing benefit or council tax benefit; (c) an individual employed by an authority or joint committee that carries out functions relating to housing benefit or council tax benefit on behalf of the authority administering that benefit; or (d) an individual employed by a person authorised by or on behalf of any such authority or joint committee as is mentioned in paragraph (b) or (c) above to carry out functions relating to housing benefit or council tax benefit for that authority or committee. (4) An authorisation granted for the purposes of this Part to an individual of any of the descriptions mentioned in subsection (3) above— (a) must be contained in a certificate provided to that individual as evidence of his entitlement to exercise powers conferred by this Part; (b) may contain provision as to the period for which the authorisation is to have effect; and (c) may restrict the powers exercisable by virtue of the authorisation so as to prohibit their exercise except for particular purposes, in particular circumstances or in relation to particular benefits or particular provisions of the relevant social security legislation. (5) An authorisation granted under this section may be withdrawn at any time by the Secretary of State. (6) Where the Secretary of State grants an authorisation for the purposes of this Part to an individual employed by a local authority, or to an individual employed by a person who carries out functions relating to housing benefit or council tax benefit on behalf of a local authority— (a) the Secretary of State and the local authority shall enter into such arrangements (if any) as they consider appropriate with respect to the carrying out of functions conferred on that individual by or in connection with the authorisation granted to him; and (b) the Secretary of State may make to the local authority such payments (if any) as he thinks fit in respect of the carrying out by that individual of any such functions. (7) The matters on which a person may be authorised to consider and report to the Secretary of State under section 139A below shall be taken to include the carrying out by any such individual as is mentioned in subsection (3)(b) to (d) above of any functions conferred on that individual by virtue of any grant by the Secretary of State of an authorisation for the purposes of this Part. (8) The powers conferred by sections 109B and 109C below shall be exercisable in relation to persons holding office under the Crown and persons in the service of the Crown, and in relation to premises owned or occupied by the Crown, as they are exercisable in relation to other persons and premises. (109B) (1) An authorised officer who has reasonable grounds for suspecting that a person— (a) is a person falling within subsection (2) below, and (b) has or may have possession of or access to any information about any matter that is relevant for any one or more of the purposes mentioned in section 109A(2) above, may, by written notice, require that person to provide all such information described in the notice as is information of which he has possession, or to which he has access, and which it is reasonable for the authorised officer to require for a purpose so mentioned. (2) The persons who fall within this subsection are— (a) any person who is or has been an employer or employee within the meaning of any provision made by or under the Contributions and Benefits Act; (b) any person who is or has been a self-employed earner within the meaning of any such provision; (c) any person who by virtue of any provision made by or under that Act falls, or has fallen, to be treated for the purposes of any such provision as a person within paragraph (a) or (b) above; (d) any person who is carrying on, or has carried on, any business involving the supply of goods for sale to the ultimate consumers by individuals not carrying on retail businesses from retail premises; (e) any person who is carrying on, or has carried on, any business involving the supply of goods or services by the use of work done or services performed by persons other than employees of his; (f) any person who is carrying on, or has carried on, an agency or other business for the introduction or supply, to persons requiring them, of persons available to do work or to perform services; (g) any local authority acting in their capacity as an authority responsible for the granting of any licence; (h) any person who is or has been a trustee or manager of a personal or occupational pension scheme; (i) any person who is or has been liable to make a compensation payment or a payment to the Secretary of State under section 6 of the Social Security (Recovery of Benefits) Act 1997 (payments in respect of recoverable benefits); and (j) the servants and agents of any such person as is specified in any of paragraphs (a) to (i) above. (3) The obligation of a person to provide information in accordance with a notice under this section shall be discharged only by the provision of that information, at such reasonable time and in such form as may be specified in the notice, to the authorised officer who— (a) is identified by or in accordance with the terms of the notice; or (b) has been identified, since the giving of the notice, by a further written notice given by the authorised officer who imposed the original requirement or another authorised officer. (4) The power of an authorised officer under this section to require the provision of information shall include a power to require the production and delivery up and (if necessary) creation of, or of copies of or extracts from, any such documents containing the information as may be specified or described in the notice imposing the requirement. (5) No one shall be required under this section to provide any information (whether in documentary form or otherwise) that tends to incriminate either himself or, in the case of a person who is married, his spouse. (109C) (1) An authorised officer shall be entitled, at any reasonable time and either alone or accompanied by such other persons as he thinks fit, to enter any premises which— (a) are liable to inspection under this section; and (b) are premises to which it is reasonable for him to require entry in order to exercise the powers conferred by this section. (2) An authorised officer who has entered any premises liable to inspection under this section may— (a) make such an examination of those premises, and (b) conduct any such inquiry there, as appears to him appropriate for any one or more of the purposes mentioned in section 109A(2) above. (3) An authorised officer who has entered any premises liable to inspection under this section may— (a) question any person whom he finds there; (b) require any person whom he finds there to do any one or more of the following— (i) to provide him with such information, (ii) to produce and deliver up and (if necessary) create such documents or such copies of, or extracts from, documents, as he may reasonably require for any one or more of the purposes mentioned in section 109A(2) above; and (c) take possession of and either remove or make his own copies of any such documents as appear to him to contain information that is relevant for any of those purposes. (4) The premises liable to inspection under this section are any premises (including premises consisting in the whole or a part of a dwelling house) which an authorised officer has reasonable grounds for suspecting are— (a) premises which are a person’s place of employment; (b) premises from which a trade or business is being carried on or where documents relating to a trade or business are kept by the person carrying it on or by another person on his behalf; (c) premises from which a personal or occupational pension scheme is being administered or where documents relating to the administration of such a scheme are kept by the person administering the scheme or by another person on his behalf; (d) premises where a person who is the compensator in relation to any such accident, injury or disease as is referred to in section 109A(2)(b) above is to be found; (e) premises where a person on whose behalf any such compensator has made, may have made or may make a compensation payment is to be found. (5) An authorised officer applying for admission to any premises in accordance with this section shall, if required to do so, produce the certificate containing his authorisation for the purposes of this Part. (6) Subsection (5) of section 109B applies for the purposes of this section as it applies for the purposes of that section.

Exercise of powers on behalf of local authorities

3

For sections 110A and 110B (inspectors appointed by local authorities etc. for the purposes of housing benefit or council tax benefit), there shall be substituted—

(110A) (1) An individual who for the time being has the authorisation for the purposes of this Part of an authority administering housing benefit or council tax benefit (“a local authority authorisation”) shall be entitled, for any one or more of the purposes mentioned in subsection (2) below, to exercise any of the powers which, subject to subsection (8) below, are conferred on an authorised officer by sections 109B and 109C above. (2) Those purposes are— (a) ascertaining in relation to any case whether housing benefit or council tax benefit is or was payable in that case; (b) ascertaining whether provisions of the relevant social security legislation that relate to housing benefit or council tax benefit are being, have been or are likely to be contravened (whether by particular persons or more generally); (c) preventing, detecting and securing evidence of the commission (whether by particular persons or more generally) of benefit offences relating to housing benefit or council tax benefit. (3) An individual has the authorisation for the purposes of this Part of an authority administering housing benefit or council tax benefit if, and only if, that authority have granted him an authorisation for those purposes and he is— (a) an individual employed by that authority; (b) an individual employed by another authority or joint committee that carries out functions relating to housing benefit or council tax benefit on behalf of that authority; (c) an individual employed by a person authorised by or on behalf of— (i) the authority in question, (ii) any such authority or joint committee as is mentioned in paragraph (b) above, to carry out functions relating to housing benefit or council tax benefit for that authority or committee; (d) an official of a Government department. (4) Subsection (4) of section 109A above shall apply in relation to a local authority authorisation as it applies in relation to an authorisation under that section. (5) A local authority authorisation may be withdrawn at any time by the authority that granted it or by the Secretary of State. (6) The certificate or other instrument containing the grant or withdrawal by any local authority of any local authority authorisation must be issued under the hand of either— (a) the officer designated under section 4 of the Local Government and Housing Act 1989 as the head of the authority’s paid service; or (b) the officer who is the authority’s chief finance officer (within the meaning of section 5 of that Act). (7) It shall be the duty of any authority with power to grant local authority authorisations to comply with any directions of the Secretary of State as to— (a) whether or not such authorisations are to be granted by that authority; (b) the period for which authorisations granted by that authority are to have effect; (c) the number of persons who may be granted authorisations by that authority at any one time; and (d) the restrictions to be contained by virtue of subsection (4) above in the authorisations granted by that authority for those purposes. (8) The powers conferred by sections 109B and 109C above shall have effect in the case of an individual who is an authorised officer by virtue of this section as if those sections had effect— (a) with the substitution for every reference to the purposes mentioned in section 109A(2) above of a reference to the purposes mentioned in subsection (2) above; and (b) with the substitution for every reference to the relevant social security legislation of a reference to so much of it as relates to housing benefit or council tax benefit. (9) Nothing in this section conferring any power on an authorised officer in relation to housing benefit or council tax benefit shall require that power to be exercised only in relation to cases in which the authority administering the benefit is the authority by whom that officer’s authorisation was granted.

Consequential amendments

4

In section 111 (delay and obstruction of inspector)—

(a) in subsection (3), for “section 110(5)” there shall be substituted “an authorisation granted under section 109A or 110A”; and

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

5

In section 111A(1) (dishonest representations), before “social security legislation” there shall be inserted “relevant”.

6

In section 112(1) (false representations), before “social security legislation” there shall be inserted “relevant”.

7

(1) In subsection (1) of section 113 (breach of regulations)—

(a) for “Acts to which section 110 above applies” there shall be substituted “legislation to which this section applies”;

(b) for the words “that Act”, in the first place where they occur, there shall be substituted “that legislation”; and

(c) for the words “that Act”, where they occur in paragraph (b), there shall be substituted “any enactment contained in the legislation in question”.

(2) After that subsection there shall be inserted—

(1A) The legislation to which this section applies is— (a) the relevant social security legislation; and (b) the enactments specified in section 121DA(1) so far as relating to contributions, statutory sick pay or statutory maternity pay.

8

After section 121D (but still in Part VI) there shall be inserted—

(121DA) (1) In this Part “the relevant social security legislation” means the provisions of any of the following, except so far as relating to contributions, working families’ tax credit, disabled person’s tax credit, statutory sick pay or statutory maternity pay, that is to say— (a) the Contributions and Benefits Act; (b) this Act; (c) the Pensions Act, except Part III; (d) section 4 of the Social Security (Incapacity for Work) Act 1994; (e) the Jobseekers Act 1995; (f) the Social Security (Recovery of Benefits) Act 1997; (g) Parts I and IV of the Social Security Act 1998; (h) Part V of the Welfare Reform and Pensions Act 1999; (i) the Social Security Pensions Act 1975; (j) the Social Security Act 1973; (k) any subordinate legislation made, or having effect as if made, under any enactment specified in paragraphs (a) to (j) above. (2) In this Part “authorised officer” means a person acting in accordance with any authorisation for the purposes of this Part which is for the time being in force in relation to him. (3) For the purposes of this Part— (a) references to a document include references to anything in which information is recorded in electronic or any other form; (b) the requirement that a notice given by an authorised officer be in writing shall be taken to be satisfied in any case where the contents of the notice— (i) are transmitted to the recipient of the notice by electronic means; and (ii) are received by him in a form that is legible and capable of being recorded for future reference. (4) In this Part “premises” includes— (a) moveable structures and vehicles, vessels, aircraft and hovercraft; (b) installations that are offshore installations for the purposes of the Mineral Workings (Offshore Installations) Act 1971; and (c) places of all other descriptions whether or not occupied as land or otherwise; and references in this Part to the occupier of any premises shall be construed, in relation to premises that are not occupied as land, as references to any person for the time being present at the place in question. (5) In this Part— - “benefit” includes any allowance, payment, credit or loan; - “benefit offence” means a criminal offence committed in connection with a claim for benefit under a provision of the relevant social security legislation, or in connection with the receipt or payment of such a benefit; and - “compensation payment” has the same meaning as in the Social Security (Recovery of Benefits) Act 1997. (6) In this Part— (a) any reference to a person authorised to carry out any function relating to housing benefit or council tax benefit shall include a reference to a person providing services relating to the benefit directly or indirectly to an authority administering it; and (b) any reference to the carrying out of a function relating to such a benefit shall include a reference to the provision of any services relating to it. (7) In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

9

In paragraph 5 of Schedule 10 to the Social Security Administration Act 1992 (transitional provisions for supplementary benefit), for the words before sub-paragraph (a) there shall be substituted “Part VI of this Act shall have effect as if the following Acts were included in the Acts comprised in the relevant social security legislation”.

SCHEDULE 7

Introductory

1

(1) In this Schedule “relevant authority” means an authority administering housing benefit or council tax benefit.

(2) In this Schedule “relevant decision” means any of the following—

(a) a decision of a relevant authority on a claim for housing benefit or council tax benefit;

(b) any decision under paragraph 4 of this Schedule which supersedes a decision falling within paragraph (a), within this paragraph or within paragraph (b) of sub-paragraph (1) of that paragraph;

but references in this Schedule to a relevant decision do not include references to a decision under paragraph 3 to revise a relevant decision.

Decisions on claims for benefit

2

Where at any time a claim for housing benefit or council tax benefit is decided by a relevant authority—

(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.

Revision of decisions

3

(1) Any relevant decision may be revised or further revised by the relevant authority which made the decision—

(a) either within the prescribed period or in prescribed cases or circumstances; and

(b) either on an application made for the purpose by a person affected by the decision or on their own initiative;

and regulations may prescribe the procedure by which a decision of a relevant authority may be so revised.

(2) In making a decision under sub-paragraph (1), the relevant authority need not consider any issue that is not raised by the application or, as the case may be, did not cause them to act on their own initiative.

(3) Subject to sub-paragraphs (4) and (5) and paragraph 18, a revision under this paragraph shall take effect as from the date on which the original decision took (or was to take) effect.

(4) Regulations may provide that, in prescribed cases or circumstances, a revision under this paragraph shall take effect as from such other date as may be prescribed.

(5) Where a decision is revised under this paragraph, for the purposes of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.

(6) Except in prescribed circumstances, an appeal against a decision of the relevant authority shall lapse if the decision is revised under this paragraph before the appeal is determined.

Decisions superseding earlier decisions

4

(1) Subject to sub-paragraphs (4) and (4A), the following, namely—

(a) any relevant decision (whether as originally made or as revised under paragraph 3), ...

(aa) any decision under this Schedule of an appeal tribunal or a Commissioner, and

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

may be superseded by a decision made by the appropriate relevant authority, either on an application made for the purpose by a person affected by the decision or on their own initiative.

(2) In this paragraph “the appropriate relevant authority” means the authority which made the decision being superseded, the decision appealed against to the tribunal or the First-tier Tribunal or, as the case may be, the decision to which the decision being appealed against to the Commissioner or the Upper Tribunal relates.

(3) In making a decision under sub-paragraph (1), the relevant authority need not consider any issue that is not raised by the application or, as the case may be, did not cause them to act on their own initiative.

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

(4A) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision relating to housing benefit must be made by the appropriate relevant authority.

(5) Subject to sub-paragraph (6) and paragraph 18, a decision under this paragraph shall take effect as from the date on which it is made or, where applicable, the date on which the application was made.

(6) Regulations may provide that, in prescribed cases or circumstances, a decision under this paragraph shall take effect as from such other date as may be prescribed.

(7) In this paragraph—

“appeal tribunal” means an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (the functions of which have been transferred to the First-tier Tribunal);

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

Use of experts by relevant authorities

5

Where it appears to a relevant authority that a matter in relation to which a relevant decision falls to be made by them involves a question of fact requiring special expertise, they may direct that, in dealing with that matter, they shall have the assistance of one or more persons appearing to them to have knowledge or experience which would be relevant in determining that question.

Appeal to First-tier Tribunal

6

(1) Subject to sub-paragraph (2), this paragraph applies to any relevant decision (whether as originally made or as revised under paragraph 3) of a relevant authority which—

(a) is made on a claim for, or on an award of, housing benefit or council tax benefit; or

(b) does not fall within paragraph (a) but is of a prescribed description.

(2) This paragraph does not apply to—

(a) any decision terminating or reducing the amount of a person’s housing benefit or council tax benefit that is made in consequence of any decision made under regulations under section 2A of the Administration Act (work-focused interviews);

(b) any decision of a relevant authority as to the application or operation of any modification of a housing benefit scheme or council tax benefit scheme under section 134(8)(a) or section 139(6)(a) of the Administration Act (disregard of war disablement and war widows’ pensions);

(c) so much of any decision of a relevant authority as adopts a decision of a rent officer under any order made by virtue of section 122 of the Housing Act 1996 (decisions of rent officers for the purposes of housing benefit);

(d) any decision of a relevant authority as to the amount of benefit to which a person is entitled in a case in which the amount is determined by the rate of benefit provided for by law; or

(e) any such other decision as may be prescribed.

(3) In the case of a decision to which this paragraph applies, any person affected by the decision shall have a right to appeal to an the First-tier Tribunal.

(4) Nothing in sub-paragraph (3) shall confer a right of appeal in relation to—

(a) a prescribed decision; or

(b) a prescribed determination embodied in or necessary to a decision.

(5) Regulations under sub-paragraph (4) shall not prescribe any decision or determination that relates to the conditions of entitlement to housing benefit or council tax benefit for which a claim has been validly made.

(6) Where any amount of housing benefit or council tax benefit is determined to be recoverable under or by virtue of section 75 or 76 of the Administration Act (overpayments and excess benefits), any person from whom it has been determined that it is so recoverable shall have a right of appeal to an the First-tier Tribunal.

(7) A person with a right of appeal under this paragraph shall be given such notice of the decision in respect of which he has that right, and of that right, as may be prescribed.

(8) Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought.

(9) In deciding an appeal under this paragraph, an the First-tier Tribunal—

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

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

Redetermination etc. of appeals by tribunal

7

(1) This paragraph applies where an application is made to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under paragraph 6.

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

(3) If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, the First-tier Tribunal shall set aside the decision and refer the case for determination by a differently constituted First-tier Tribunal.

(4) In this paragraph and paragraph 8 “principal parties” means—

(a) where he is the applicant for leave to appeal or the circumstances are otherwise such as may be prescribed, the Secretary of State;

(b) the relevant authority against whose decision the appeal to the appeal tribunal was brought; and

(c) the person affected by the decision against which the appeal to the appeal tribunal was brought or by the tribunal’s decision on that appeal.

Appeal from First-tier Tribunal to Upper Tribunal

8

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

(2) An appeal to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 from any decision of the First-tier Tribunal under paragraph 6 or 7 lies at the instance of any of the following—

(a) the Secretary of State;

(b) the relevant authority against whose decision the appeal to the appeal tribunal was brought;

(c) any person affected by the decision against which the appeal to the First-tier Tribunal was brought or by the tribunal’s decision on that appeal.

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

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

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

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

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for permission to appeal against a decision of the Upper Tribunal

9

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

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

(3) An application for permission to appeal from a decision of the Upper Tribunal in respect of a decision of the First-tier Tribunal under paragraph 6 or 7 may only be made by—

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

(b) any other person who was a party to the proceedings in which the decision to which the Upper Tribunal's decision relates was given;

. . .

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

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

Procedure

10

(1) Regulations may make for the purposes of this Schedule any such provision as is specified in Schedule 5 to the Social Security Act 1998, or as would be so specified if the references to the Secretary of State in paragraph 1 of that Schedule were references to a relevant authority.

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

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

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

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

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

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finality of decisions

11

Subject to the provisions of this Schedule and to any provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007, any decision made in accordance with the preceding provisions of this Schedule shall be final.

Matters arising as respects decisions

12

Regulations may make provision as respects matters arising—

(a) pending any decision under this Schedule of a relevant authority or the First-tier Tribunal, or any decision of the Upper Tribunal which relates to any decision under this Schedule of the First-Tier Tribunal, which relates to—

(i) any claim for housing benefit or council tax benefit;

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

(b) out of the revision under paragraph 3, or on appeal, of any such decision.

Suspension in prescribed circumstances

13

(1) Regulations may provide for—

(a) suspending, in whole or in part, any payments of housing benefit or council tax benefit;

(b) suspending, in whole or in part, any reduction (by way of council tax benefit) in the amount that a person is or will become liable to pay in respect of council tax;

(c) the subsequent making, or restoring, in prescribed circumstances of any or all of the payments, or reductions, so suspended.

(2) Regulations made under sub-paragraph (1) may, in particular, make provision for any case where, in relation to a claim for housing benefit or council tax benefit—

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

(b) it appears to the relevant authority that an issue arises whether a decision as to an award of such a benefit should be revised (under paragraph 3) or superseded (under paragraph 4);

(d) it appears to the relevant authority, where an appeal is pending against the decision given by the Upper Tribunal or a court in a different case, that if the appeal were to be determined in a particular way an issue would arise whether the award of housing benefit or council tax benefit in the case itself ought to be revised or superseded.

(3) For the purposes of sub-paragraph (2), an appeal against a decision is pending if—

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

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

(i) an application for permission to appeal may be made, or

(ii) an appeal against the decision may be brought,

has not expired and the circumstances are such as may be prescribed.

(4) In sub-paragraph (2)(d) the reference to a different case—

(a) includes a reference to a case involving a different relevant authority; but

(b) does not include a reference to a case relating to a different benefit unless the different benefit is housing benefit or council tax benefit.

Suspension for failure to furnish information etc.

14

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

(2) Regulations may provide for—

(a) suspending, in whole or in part, any payments of housing benefit or council tax benefit;

(b) suspending, in whole or in part, any reduction (by way of council tax benefit) in the amount that a person is or will become liable to pay in respect of council tax;

(c) the subsequent making, or restoring, in prescribed circumstances of any or all of the payments, or any right, so suspended.

(3) In this paragraph and paragraph 15 “information requirement” means—

(a) in the case of housing benefit, a requirement in pursuance of regulations made by virtue of section 5(1)(hh) of the Administration Act to furnish information or evidence needed for a determination whether a decision on an award of that benefit should be revised under paragraph 3 or superseded under paragraph 4 of this Schedule; and

(b) in the case of council tax benefit, a requirement made in pursuance of regulations under section 6(1)(hh) of the Administration Act to furnish information or evidence needed for a determination whether a decision on an award of that benefit should be so revised or superseded.

Termination in cases of a failure to furnish information

15

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

(a) a person whose benefit has been suspended in accordance with regulations under paragraph 13 and who subsequently fails to comply with an information requirement, or

(b) a person whose benefit has been suspended in accordance with regulations under paragraph 14 for failing to comply with such a requirement,

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

Decisions involving issues that arise on appeal in other cases

16

(1) This paragraph applies where—

(a) a relevant decision, or a decision under paragraph 3 about the revision of an earlier decision, falls to be made in any particular case; and

(b) an appeal is pending against the decision given in another case by the Upper Tribunal or a court.

(2) A relevant authority need not make the decision while the appeal is pending if they consider it possible that the result of the appeal will be such that, if it were already determined, there would be no entitlement to benefit.

(3) If a relevant authority consider it possible that the result of the appeal will be such that, if it were already determined, it would affect the decision in some other way—

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

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

(4) Where—

(a) a relevant authority act in accordance with sub-paragraph (3)(b), and

(b) following the making of the determination it is appropriate for their decision to be revised,

they shall then revise their decision (under paragraph 3) in accordance with that determination.

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

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

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

(i) an application for leave to appeal may be made, or

(ii) an appeal against the decision may be brought,

has not expired and the circumstances are such as may be prescribed.

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

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

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

(7) In sub-paragraph (1)(b) the reference to another case—

(a) includes a reference to a case involving a decision made, or falling to be made, by a different relevant authority; but

(b) does not include a reference to a case relating to another benefit unless the other benefit is housing benefit or council tax benefit.

Appeals involving issues that arise on appeal in other cases

17

(1) This paragraph applies where—

(a) an appeal (“appeal A”) in relation to a relevant decision (whether as originally made or as revised under paragraph 3) is made to the First-tier Tribunal, or from the First-tier Tribunal to the Upper Tribunal; and

(b) an appeal (“appeal B”) is pending against a decision given in a different case by the Upper Tribunal or a court.

(2) If the relevant authority whose decision gave rise to appeal A consider it possible that the result of appeal B will be such that, if it were already determined, it would affect the determination of appeal A, they may serve notice requiring the First-tier Tribunal or Upper Tribunal—

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

(b) to deal with the appeal in accordance with sub-paragraph (4).

(3) Where appeal A is referred to the authority under sub-paragraph (2)(a), following the determination of appeal B and in accordance with that determination, they shall if appropriate—

(a) in a case where appeal A has not been determined by the First-tier Tribunal, revise (under paragraph 3) their decision which gave rise to that appeal; or

(b) in a case where appeal A has been determined by the First-tier Tribunal, make a decision (under paragraph 4) superseding the tribunal’s decision.

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

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

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

(i) appeal B had already been determined; and

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

(5) Where the First-tier Tribunal or Upper Tribunal acts in accordance with sub-paragraph (4)(b), following the determination of appeal B the relevant authority whose decision gave rise to appeal A shall, if appropriate, make a decision (under paragraph 4) superseding the decision of the First-tier Tribunal or Upper Tribunal in accordance with that determination.

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

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

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

(i) an application for leave to appeal may be made, or

(ii) an appeal against the decision may be brought,

has not expired and the circumstances are such as may be prescribed.

(7) In this paragraph—

(a) the reference in sub-paragraph (1)(a) to an appeal to the Upper Tribunal includes a reference to an application for leave to appeal to a Commissioner;

(b) the reference in sub-paragraph (1)(b) to a different case—

(i) includes a reference to a case involving a different relevant authority; but

(ii) does not include a reference to a case relating to a different benefit unless the different benefit is housing benefit or council tax benefit; and

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

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

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

(8) In sub-paragraph (4) “the appellant” means the person who appealed or, as the case may be, first appealed against the decision mentioned in sub-paragraph (1)(a).

(9) Regulations may make provision supplementing the provision made by this paragraph.

Restrictions on entitlement to benefit in certain cases of error

18

(1) Subject to sub-paragraph (2), this paragraph applies where—

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

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

(i) in relation to a claim for housing benefit or council tax benefit;

(ii) as to whether to revise, under paragraph 3, a decision as to a person’s entitlement to such a benefit; or

(iii) on an application made under paragraph 4 for a decision as to a person’s entitlement to such a benefit to be superseded.

(2) This paragraph does not apply where the decision mentioned in sub-paragraph (1)(b)—

(a) is one which, but for paragraph 16(2) or (3)(a), would have been made before the date of the relevant determination; or

(b) is one made in pursuance of paragraph 17(3) or (5).

(3) In so far as the decision relates to a person’s entitlement to benefit in respect of a period before the date of the relevant determination, it shall be made as if the relevant authority’s decision had been found by the Upper Tribunal or court not to have been erroneous in point of law.

(4) Sub-paragraph (1)(a) shall be read as including a case where—

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

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

(5) It is immaterial for the purposes of sub-paragraph (1)—

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

(b) where such a decision as is mentioned in paragraph (b)(ii) or (iii) falls to be made on an application under paragraph 3 or (as the case may be) 4, whether the application was made before or after that date.

(6) In this paragraph “the court” means—

(a) the High Court;

(b) the Court of Appeal;

(d) the Supreme Court; or

(e) the Court of Justice of the European Union.

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

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

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

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

(9) Regulations made under sub-paragraph (8) may include provision—

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

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

Correction of errors and setting aside of decisions

19

(1) Regulations may make provision with respect to—

(a) the correction of accidental errors in any decision or record of a decision made by the relevant authority under or by virtue of any relevant provision; and

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

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

(3) In this paragraph “relevant provision” means—

(a) any of the provisions of this Schedule;

(b) any of the provisions of Part VII of the Social Security Contributions and Benefits Act 1992 so far as they relate to housing benefit or council tax benefit; or

(c) any of the provisions of Part VIII of the Administration Act or of any regulations under section 2A of that Act, so far as the provisions or regulations relate to, or to arrangements for, housing benefit or council tax benefit.

Regulations

20

(1) The power to make regulations under this Schedule shall be exercisable by the Secretary of State

(2) Any power conferred by this Schedule to make regulations shall include power to make different provision for different areas or different relevant authorities.

(3) Subsections (3) to (7) of section 79 of the Social Security Act 1998 (supplemental provision in connection with powers to make subordinate legislation under that Act) shall apply to any power to make regulations under this Schedule as they apply to any power to make regulations under that Act.

(4) A statutory instrument containing (whether alone or with other provisions) regulations under paragraph 6(2)(e) or (4) shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.

(5) A statutory instrument—

(a) which contains (whether alone or with other provisions) regulations made under this Schedule, 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.

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

Consequential amendments of the Administration Act

21

(1) In section 5(1)(hh) of the Administration Act (regulations about claims for and payments of benefit)—

(a) in sub-paragraph (i), after “1998” there shall be inserted “or, as the case may be, under paragraph 3 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000”; and

(b) in sub-paragraph (ii), after “Act” there shall be inserted “or, as the case may be, paragraph 4 of that Schedule”.

(2) In section 6(1) of the Administration Act (regulations about claims for and payments of council tax benefit), after paragraph (h) there shall be inserted—

(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 a benefit— (i) should be revised under paragraph 3 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000; or (ii) should be superseded under paragraph 4 of that Schedule;

22

(1) Section 34(4) and (5) and section 35 of the Social Security Act 1998 (regulations for the determination of claims and reviews of housing benefit and council tax benefit and for the suspension of those benefits) shall cease to have effect.

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

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

Interpretation

23

(1) In this Schedule—

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

“affected” shall be construed subject to any regulations under sub-paragraph (2);

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

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

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

“prescribed” means prescribed by regulations under this Schedule;

“relevant authority” has the meaning given by paragraph 1(1);

“relevant decision” has the meaning given by paragraph 1(2).

(2) Regulations may make provision specifying the circumstances in which a person is or is not to be treated for the purposes of this Schedule as a person who is affected by any decision of a relevant authority.

(3) For the purposes of this Schedule any decision that is made or falls to be made—

(a) by a person authorised to carry out any function of a relevant authority relating to housing benefit or council tax benefit, or

(b) by a person providing services relating to housing benefit or council tax benefit directly or indirectly to a relevant authority,

shall be treated as a decision of the relevant authority on whose behalf the function is carried out or, as the case may be, to whom those services are provided.

SCHEDULE 8

The Births and Deaths Registration Act 1953 (c. 20)

1

In section 14A(1)(a) of the Births and Deaths Registration Act 1953 (re-registration of birth where notification of declaration of parentage given under section 56(4) of the Family Law Act 1986), for “56(4)” there shall be substituted “55A(7) or 56(4)”.

The Magistrates' Courts Act 1980 (c. 43)

2

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

The Family Law Act 1986 (c. 55)

3

The Family Law Act 1986 shall be amended as follows.

4

In section 55 (declarations as to marital status)—

(a) in subsection (1), for “the court” there shall be substituted “the High Court or a county court”, and

(b) in subsection (3), after “made” there shall be inserted “to a court”.

5

In section 56 (declarations as to legitimacy or legitimation)—

(a) in subsections (1) and (2), for “the court” there shall be substituted “the High Court or a county court”, and

(b) in subsection (4), after “made” there shall be inserted “by a court”.

6

In section 57(1) (application to the court for declaration as to overseas adoption), for “the court” there shall be substituted “the High Court or a county court”.

7

In section 58 (general provisions)—

(a) in subsection (1), after “application” there shall be inserted “to a court”, and

(b) in subsection (3), for “The” there shall be substituted “A”.

8

In section 59 (provisions relating to the Attorney-General)—

(a) in subsections (1) and (2), after “an application” there shall be inserted “to a court”, and

(b) in subsection (3), after “any application” there shall be inserted “to a court”.

The Family Law Reform Act 1987 (c. 42)

9

In section 23(1) of the Family Law Reform Act 1987—

(a) in subsection (2) to be substituted for section 20(2) of the Family Law Reform Act 1969 (report to court about scientific tests), for “person responsible for” there shall be substituted “individual”; and

(b) in subsection (2A) to be inserted in section 20 of that Act (blood tests in proceedings under section 56 of the Family Law Act 1986), for “56” there shall be substituted “55A or 56”.

The Children Act 1989 (c. 41)

10

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

The Child Support Act 1991 (c. 48)

11

The Child Support Act 1991 shall be amended as follows.

12

In section 26(2) (cases where Secretary of State may make maintenance calculation despite denial of parentage), in Case C (where there has been a declaration under section 56 of the Family Law Act 1986), after “section” there shall be inserted “55A or”.

13

For section 27 (declarations of parentage) there shall be substituted—

(27) (1) This section applies where— (a) an application for a maintenance calculation has been made (or is treated as having been made), or a maintenance calculation is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application or calculation was made or treated as made; (b) the Secretary of State is not satisfied that the case falls within one of those set out in section 26(2); and (c) the Secretary of State or the person with care makes an application for a declaration under section 55A of the Family Law Act 1986 as to whether or not the alleged parent is one of the child’s parents. (2) Where this section applies— (a) if it is the person with care who makes the application, she shall be treated as having a sufficient personal interest for the purposes of subsection (3) of that section; and (b) if it is the Secretary of State who makes the application, that subsection shall not apply. (3) This section does not apply to Scotland.

14

In section 27A(2)(b) (Secretary of State to recover fees for scientific tests if a court has made a declaration of parentage under section 27), for “section 27” there shall be substituted “section 55A of theFamily Law Act 1986”.

The Access to Justice Act 1999 (c. 22)

15

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Child Support, Pensions and Social Security Act 2000

Short title and extent

87

SCHEDULE 1

SCHEDULE 2

Part I — Substituted Schedule 4A

Part II — Substituted Schedule 4B

SCHEDULE 3

The Army Act 1955 (3 & 4 Eliz. 2 c.18)

1

The Air Force Act 1955 (3 & 4 Eliz. 2 c.19)

2

The Matrimonial Causes Act 1973 (c. 18)

3

The Domestic Proceedings and Magistrates Courts Act 1978 (c. 22)

4

The Family Law (Scotland) Act 1985 (c. 37)

5

The Insolvency Act 1986 (c. 45)

6

The Debtors (Scotland) Act 1987 (c. 18)

7

The Income and Corporation Taxes Act 1988 (c. 1)

8

The Finance Act 1988 (c. 39)

9

The Children Act 1989 (c. 41)

10

The Child Support Act 1991 (c. 48)

11

The Social Security Administration Act 1992 (c. 5)

12

The Child Support Act 1995 (c. 34)

13

Prisoners' Earnings Act 1996 (c. 33)

14

The Social Security Act 1998 (c. 14)

15

SCHEDULE 4

SCHEDULE 5

Part I — Miscellaneous amendments

Guaranteed minimum for widows and widowers

1

Transfer of rights to overseas personal pension schemes

2

Protected rights

3

Review and alteration of rates of contribution

4

Contributions equivalent premiums: Great Britain

5

Contributions equivalent premiums: Northern Ireland

6

Use of cash equivalent for annuity

7

Transfer values where pension in payment

8

Information about contracting-out

9

Register of disqualified trustees

10

Conditions of payment of surplus to employer

11

Duties relating to statements of contributions

12

Interpretation of Part I

13

Part II — Alternative to anti-franking rules

Cases in which alternative applies

14

Alternative rules

15

Relationship between alternative rules and other rules

16

Supplemental

17

SCHEDULE 6

Preliminary

1

Replacement for inspector’s powers