Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Child Support
Maintenance calculations and interim and default maintenance decisions
In the Child Support Act 1991 (“the 1991 Act”), for section 11 (maintenance assessments) there shall be substituted—
In the 1991 Act—
for “maintenance assessment”, wherever it occurs, there shall be substituted “maintenance calculation”; and
for “assessment” (or any variant of that term), wherever it occurs, there shall be substituted “calculation” (or the corresponding variant) preceded, where appropriate, by “a” instead of “an”.
For Part I of Schedule 1 to the 1991 Act, there shall be substituted the Part I set out in Schedule 1 to this Act.
In section 4 of the 1991 Act (child support maintenance), subsection (10) shall be amended as follows.
In paragraph (a), after “maintenance order” there shall be inserted “made before a prescribed date”.
After paragraph (a), there shall be inserted—.
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For section 12 of the 1991 Act (interim maintenance assessments) there shall be substituted—
Applications for a variation
The 1991 Act shall be amended as follows.
For sections 28A to 28C (which deal respectively with applications for departure directions, their preliminary consideration, and the imposition of a regular payments condition) there shall be substituted—
In section 28D (determination of applications)—
for subsection (1) there shall be substituted—;
in each of subsections (2) and (3), for “an application for a departure direction” there shall be substituted “an application for a variation”; and
in subsection (2), in paragraph (a) “lapsed or” shall be omitted, at the end of paragraph (b) “or” shall be inserted, and after that paragraph there shall be inserted—
In section 28E (matters to be taken into account)—
in subsections (1), (3) and (4), for “any application for a departure direction” (wherever appearing) there shall be substituted “whether to agree to a variation”; and
in subsection (4)(a), for “a departure direction were made” there shall be substituted “the Secretary of State agreed to a variation”.
For section 28F (departure directions) there shall be substituted—
For Schedule 4A to the 1991 Act there shall be substituted the Schedule 4A set out in Part I of Schedule 2.
For Schedule 4B to that Act there shall be substituted the Schedule 4B set out in Part II of Schedule 2.
For section 28G of the 1991 Act (effect and duration of departure directions) there shall be substituted—
Revision and supersession of decisions
Section 16 of the 1991 Act (revision of decisions) shall be amended as follows.
After subsection (1), there shall be inserted—
Section 17 of the 1991 Act (decisions superseding earlier decisions) shall be amended as follows.
In subsection (1), for paragraph (c) there shall be substituted—
For subsection (4) there shall be substituted—
Appeals
For section 20 of the 1991 Act (appeals to appeal tribunals) there shall be substituted—
After section 23 of the 1991 Act there shall be inserted—
Information
In section 14 of the 1991 Act (information required by the Secretary of State), in subsection (1), after “such an application” there shall be inserted “(or application treated as made), or needed for the making of any decision or in connection with the imposition of any condition or requirement under this Act,”.
After section 14 of the 1991 Act there shall be inserted—
Section 15 of the 1991 Act (powers of inspectors) shall be amended as follows.
For subsections (1) to (4) there shall be substituted—
In subsection (6), for the words from “any person who” to the end of paragraph (d) there shall be substituted “any such person”.
After subsection (10) there shall be inserted—
Parentage
In section 26(2) of the 1991 Act (cases in which the Secretary of State may assume a person to be the parent of a child for the purpose of making a maintenance calculation under that Act), before Case A there shall be inserted—
In that provision, after Case B there shall be inserted—
Disqualification from driving
After section 39 of the 1991 Act there shall be inserted—
In section 40 of the 1991 Act (commitment to prison), subsections (1) and (2) shall be omitted.
Before section 41 of the 1991 Act there shall be inserted—
In section 164(5) of the Road Traffic Act 1988 (power of constables to require production of driving licence etc.), after “Road Traffic Offenders Act 1988” there shall be inserted “, section 40B of the Child Support Act 1991”.
In section 27(3) of the Road Traffic Offenders Act 1988 (offence of failing to produce a licence), for the word “then,” there shall be substituted “, or if the holder of the licence does not produce it and its counterpart as required by section 40B of theChild Support Act 1991, then,”.
In section 40 of the 1991 Act (commitment to prison), for subsections (12) to (14) there shall be substituted—
After section 40 there shall be inserted—
Financial penalties
In section 41 of the 1991 Act (arrears of child support maintenance), subsections (3) to (5) (which provide for the payment of interest on arrears) shall cease to have effect.
For section 41A of the 1991 Act (arrears: alternative to interest payments) there shall be substituted—
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Miscellaneous
After section 28I of the 1991 Act there shall be inserted—
Section 41B of the 1991 Act (repayment of overpaid child support maintenance) shall be amended as follows.
After subsection (1) there shall be inserted—
For subsection (7) there shall be substituted—
For section 43 of the 1991 Act (contribution to maintenance by deduction from benefit) there shall be substituted—
Section 44 of the 1991 Act (jurisdiction) shall be amended as follows.
In subsection (1), after “United Kingdom” there shall be inserted “, except in the case of a non-resident parent who falls within subsection (2A)”.
After subsection (2) there shall be inserted—
Subsection (3) shall cease to have effect.
Section 10 of the Child Support Act 1995 (which provides for the child maintenance bonus) shall cease to have effect.
Article 3(4) of the Social Security Act 1998 (Commencement No. 2) Order 1998 (which saved section 16 of the 1991 Act for certain purposes) is revoked; and accordingly that section shall cease to have effect for all purposes.
In section 52 of the 1991 Act (regulations and orders), for subsection (2) there shall be substituted—
Schedule 3 (amendment of enactments) shall have effect.
This section applies where—and the effective date of the assessment is earlier than the date on which the assessment was made, with the result that arrears of child support maintenance have become due under the assessment.
The Secretary of State may in regulations provide that this section has effect as if it were modified so as—
to apply to cases of arrears of child support maintenance having become due additional to those referred to in subsection (1);
not to apply to any such case as is referred to in subsection (1).
If this section applies, the Secretary of State may in prescribed circumstances agree with the absent parent, on terms specified in the agreement, that—
the absent parent will not be required to pay the whole of the arrears, but only some lesser amount; and
the Secretary of State will not, while the agreement is complied with, take action to recover any of the arrears.
The terms which may be specified are to be prescribed in or determined in accordance with regulations made by the Secretary of State.
An agreement may be entered into only if it is made before 1st April 2002 and expires before 1st April 2003.
If the absent parent enters into such an agreement, the Secretary of State may, while the absent parent complies with it, refrain from taking action under the 1991 Act to recover the arrears.
Upon the expiry of the agreement, if the absent parent has complied with it—
he ceases to be liable to pay the arrears; and
the Secretary of State may make payments of such amounts and at such times as he may determine to the person with care.
If the absent parent fails to comply with the agreement he becomes liable to pay the full amount of any outstanding arrears (as well as any other amount payable in accordance with the assessment).
The Secretary of State may by regulations provide for this section to have effect as if there were substituted for the dates in subsection (5) such later dates as are prescribed.
In this section, “prescribed” means prescribed in regulations made by the Secretary of State.
Regulations under this section shall be made by statutory instrument.
No statutory instrument containing regulations under subsection (9) is to be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament; but otherwise a statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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In this Part, “the 1991 Act” means the Child Support Act 1991.
The Secretary of State may in regulations make such transitional and transitory provisions, and such incidental, supplementary, savings and consequential provisions, as he considers necessary or expedient in connection with the coming into force of this Part or any provision in it.
The regulations may, in particular—
provide for the amount of child support maintenance payable by or to any person to be at a transitional rate (or more than one such rate successively) resulting from the phasing-in by way of prescribed steps of any increase or decrease in the amount payable following the coming into force of this Part or any provision in it;
provide for a departure direction or any finding in relation to a previous determination of child support maintenance to be taken into account in a decision as to the amount of child support maintenance payable by or to any person.
The power to make regulations under this section is exercisable by statutory instrument.
A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Pensions
State second pension
In section 22 of the Social Security Contributions and Benefits Act 1992 (earnings from which earnings factors are derived), after subsection (2) there shall be inserted—
In section 44 of that Act (Category A retirement pension), in subsection (6)—and
before paragraph (a) there shall be inserted—;
in paragraph (a), after “subsequent tax year” there shall be inserted “before the first appointed year”.
After that section there shall be inserted—
For the purposes of subsection (1) of section 44A of the Social Security Contributions and Benefits Act 1992, a pensioner is deemed to have an earnings factor in relation to any relevant year as specified in that subsection if—
severe disablement allowance was payable to him throughout the year; and
he satisfies the requirement in subsection (3) of that section.
In section 45 of the Social Security Contributions and Benefits Act 1992 (calculation of additional pension in a Category A retirement pension), in subsection (2)—
after “shall be” there shall be inserted “the sum of the following”;
in paragraph (b), after “after 1987-88” there shall be inserted “but before the first appointed year”; and
after that paragraph there shall be inserted
In that section the following subsection shall be inserted after subsection (3)—
After Schedule 4 to that Act there shall be inserted the Schedule set out in Schedule 4 to this Act.
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In paragraph 5 of Schedule 8 to the Welfare Reform and Pensions Act 1999 (welfare benefits: minor and consequential amendments), sub-paragraph (b), and the word “and” immediately preceding it, shall be omitted.
After section 148 of the Social Security Administration Act 1992 there shall be inserted—
Section 148 of the Social Security Administration Act 1992 (revaluation of earnings factors) shall have effect as if—included the parts of the surplus in an earnings factor referred to in paragraphs 2(2)(a), 5(2)(a) and 7(2)(a) of Schedule 4A to the Social Security Contributions and Benefits Act 1992.
the amounts for the first appointed year and any subsequent tax year that are to be reviewed under that section,
the amounts for those years to which any directions by an order under subsection (4) of that section are to be applied, and
accordingly, the amounts for the purpose of maintaining the value of which that section has effect,
Nothing in section 148 of the Social Security Administration Act 1992 shall require, or ever have required, the earnings factors used for computing a surplus in an earnings factor for any year under section 44(5A) of the Social Security Contributions and Benefits Act 1992 to be treated as increased in any case in which that surplus, or any part of it, is itself reviewed under section 148 of the Social Security Administration Act 1992.
In each of sections 42(1)(a)(ii), 42B(1)(a) and 45A(1)(a) of the Pension Schemes Act 1993 (reports by Government Actuary on cost of providing benefits equivalent to benefits which are foregone) for “which, under section 48A,” there shall be substituted “(or parts of benefits) which, in accordance with section 48A below and Schedule 4A to theSocial Security Contributions and Benefits Act 1992,”.
The Social Security Contributions and Benefits Act 1992 shall be amended as follows.
In section 21(5A)(b) (contribution conditions)—
after “22(1)(a)” there shall be inserted “, (2A)”; and
for “44(6)(a)” there shall be substituted “44(6)(za) and (a)”.
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In section 39C (rate of widowed parent’s allowance and bereavement allowance), in subsections (1), (3) and (4), after “sections 44 to 45A” there shall be inserted “and Schedule 4A”.
In that subsection, for the words from “that year,” to “surplus” there shall be substituted.
In subsection (6) of that section, after “section 45” there shall be inserted “or Schedule 4A”.
In section 45 (the additional element in a Category A retirement pension)—
in subsections (1) and (2)(a) and (b), before “amount” (in each place) there shall be inserted “adjusted”; and
in subsection (6), for “the amount of any surpluses” there shall be substituted “any amount”.
In section 48A(4) (Category B retirement pension for married person), after “sections 44 to 45B above” there shall be inserted “and Schedule 4A below”.
In section 48B (Category B retirement pension for widows and widowers), in subsections (2) and (3), after “sections 44 to 45B above” there shall be inserted “and Schedule 4A below”.
In section 48BB (Category B retirement pension: entitlement by reference to benefits under section 39A or 39B), in subsections (5) and (6), after “sections 44 to 45A above” there shall be inserted “and Schedule 4A below”.
In section 48C(4) (Category B retirement pension: general), after “sections 44 to 45B above” there shall be inserted “and Schedule 4A below”.
In section 122(1) (interpretation of Parts I to VI), at the appropriate place in alphabetical order, there shall be inserted—.
In section 176 (Parliamentary control), after subsection (3) there shall be inserted—
Report on pensions uprating
The Government Actuary or the Deputy Government Actuary shall report to the Secretary of State his opinion on the effect on the level of the National Insurance Fund, and the effect which might be expected on the rates of contributions, in each year up to and including 2005-06 of annual increases in the basic pension by the percentage increase in the general level of earnings; and the Secretary of State shall lay a copy of the report before Parliament.
Earnings factors
In section 148(2) of the Social Security Administration Act 1992 (revaluation of earnings factors), for the words from “place” to the end there shall be substituted
In section 48A(5) of the 1993 Act (power to modify the application of section 44(5) of the 1992 Act where in any year a pensioner’s earnings derive only partially from contracted-out employment), after “44(5)” there shall be inserted “or (5A)”.
Subsection (1) shall have effect—
in relation to the application of section 44(5A) of the 1992 Act by virtue of sections 39C(1) and 48BB(5) of that Act;
in relation to the application of section 44(5A) of the 1992 Act in the circumstances described in section 128(4) to (6) of the 1995 Act.
In relation to the period—the Secretary of State shall be taken to have, and to have had, power to calculate and pay relevant pensions by reference to section 44(5) of the 1992 Act as modified by regulations under section 48A(5) of the 1993 Act.
beginning with 6th April 2000, and
ending with the day before the first regulations under section 48A(5) of the 1993 Act (as amended by subsection (1) above) come into force,
For the purpose of applying subsection (3) above—
the substitution made by section 128(1) of the 1995 Act shall be ignored; and
references in enactments to section 44(5A) of the 1992 Act shall (so far as necessary) be treated as references to section 44(5).
The first regulations under section 48A(5) of the 1993 Act (as amended by subsection (1) above) may include provision in relation to—
revising the calculation of a relevant pension;
paying a relevant pension in accordance with a revised calculation.
Relevant pensions are pensions which fall to be calculated—
in the circumstances described in section 128(4) to (6) of the 1995 Act; and
in relation to persons where, by virtue of section 48A(1) of the 1993 Act, section 44(6) of the 1992 Act has effect in any tax year as mentioned in section 48A(1) of the 1993 Act in relation to some but not all of a person’s earnings.
For the purposes of this section—
the 1992 Act is the Social Security Contributions and Benefits Act 1992;
the 1993 Act is the Pension Schemes Act 1993;
the 1995 Act is the Pensions Act 1995.
Preservation of rights in respect of additional pensions
In the provisions of the Social Security Contributions and Benefits Act 1992 that are set out in subsection (2) (provisions relating to additional pensions for surviving spouses)—
the references to 5th April 2000 (wherever occurring) shall have effect, and be deemed always to have had effect, as references to 5th October 2002; and
the references to 6th April 2000 (wherever occurring) shall have effect, and be deemed always to have had effect, as references to 6th October 2002.
Those provisions are—
sections 39(3) and 39C(4) (widowed mother’s allowance and widowed parent’s allowance);
sections 48BB(7), 48C(3) and 51(3) (Category B retirement pensions); and
paragraphs 4(3), 5A(2) and (3) and 6(3) and (4) of Schedule 5 (deferred pensions).
For section 52(3) of the Welfare Reform and Pensions Act 1999 (power to substitute a later year for references to year 2000 in prescribed provisions of the Social Security Contributions and Benefits Act 1992) there shall be substituted—
After section 52(4) of that Act of 1999 there shall be inserted—
In section 52(6) of that Act of 1999 (supplemental provisions of regulations relating to the scheme), after paragraph (e) there shall be inserted—.
Other provisions
In paragraph 5 of Schedule 3 to the Social Security Contributions and Benefits Act 1992 (contribution conditions for entitlement to Category A and B retirement pension, widowed mother’s allowance and widow’s pension), after sub-paragraph (7) (reduction of number of years for which contribution conditions must be satisfied) there shall be inserted—
In section 49 of the Welfare Reform and Pensions Act 1999 (creation of state scheme pension debits and credits), for subsection (4) there shall be substituted—
In section 45B of the Social Security Contributions and Benefits Act 1992 (pension sharing resulting in reduction of additional Category A retirement pension), for subsection (7) there shall be substituted—
In section 55A of that Act (shared additional pension), for subsection (6) there shall be substituted—
In section 55B of that Act (pension sharing resulting in reduction of shared additional pension), for subsection (7) there shall be substituted—
This section applies to any state pension information which is held in relation to any individual—
by the Secretary of State; or
in connection with the provision of any services provided to the Secretary of State for purposes connected with his functions relating to social security, by the person providing those services.
The Secretary of State may, in the prescribed manner, disclose or authorise the disclosure of any information to which this section applies in any case in which—
the person to whom the disclosure is made is a person falling within subsection (3) who has, in the prescribed manner, applied to the Secretary of State for the disclosure of the information; and
it appears to the Secretary of State that the prescribed conditions for the making of a disclosure of the information in question to that person have been satisfied.
A person falls within this subsection if—
he is the trustee or manager of an occupational pension scheme of which the individual to whom the information relates is a member;
he is the trustee or manager of a personal pension scheme of which that individual is a member;
he is the employer in relation to an occupational pension scheme of which that individual is a member;
he is the employer in relation to any employed earner’s employment of that individual ...; or
he is proposing to provide services to that individual in circumstances in which the provision of the services, or the proposal to do so, may involve the giving of advice or forecasts to which the information to which this section applies may be relevant.
For the purposes of this section and of any regulations made under it, anything done by or in relation to a person who—is treated as done by or in relation to the qualifying person. In paragraph (a) “relevant services” means services that may involve the giving of advice or forecasts to which information to which this section applies may be relevant.
provides, or proposes to provide, relevant services to a person falling within subsection (3) (“the qualifying person”), and
is authorised in writing by the qualifying person to act for the purposes of this section,
The Secretary of State shall secure that his powers under this section are exercised so that at least the following is prescribed for the purposes of subsection (2)(b), namely—
in the case of an application for information made by a person falling within paragraph (e) of subsection (3), a condition that the individual to whom the information relates has consented to the making of the application and to the disclosure; and
in any other case, either that condition or the alternative condition set out in subsection (5).
The alternative condition is—
that such steps as may be prescribed have been taken for the purpose of ascertaining whether the individual to whom the information relates objects to the making of the application for the disclosure of information relating to him; and
that the prescribed time has elapsed without any objection by that individual.
A person applying to the Secretary of State, in accordance with regulations under this section, for the disclosure of any information relating to an individual shall be entitled, for the purpose of making the application, to make such disclosures of information relating to that individual as may be authorised by the regulations.
In this section the reference, in relation to an individual, to state pension information is a reference to the following information about that individual—and
his date of birth, and the age at which and date on which he attains pensionable age—
for the purposes of the Pension Schemes Act 1993, in relation to any guaranteed minimum pension to which he is entitled; and
in accordance with the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995;
the amount of any state pension under Part 1 of the Pensions Act 2014 a present or future entitlement to which has already accrued to that individual;
a projection of the amount of any state pension under Part 1 of the Pensions Act 2014 to which that individual is likely to become entitled, or might become entitled in particular circumstances;
the amount of any basic retirement pension a present or future entitlement to which has already accrued to that individual, and the amount of any additional retirement pension such an entitlement to which has already accrued to that individual;
a projection of the amount of the basic retirement pension to which that individual is likely to become entitled, or might become entitled in particular circumstances; . . .
a projection of the amount of the additional retirement pension to which that individual is likely to become entitled, or might become entitled in particular circumstances.
a projection of the amount of any lump sum to which that individual is likely to become entitled, or might become entitled in particular circumstances.
Regulations under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subsections (4) to (6) of section 189 of the Social Security Administration Act 1992 (supplemental and incidental powers etc.) shall apply in relation to any power to make regulations under this section as they apply in relation to the powers to make regulations that are conferred by that Act.
For the purposes of section 121E of the Social Security Administration Act 1992 (supply of information by the Inland Revenue to the Secretary of State for the purposes of the Secretary of State’s functions relating to social security), the Secretary of State’s functions relating to social security shall be taken to include any power conferred on him by regulations under this section.
In this section—“additional retirement pension” means any additional pension or shared additional pension under the Social Security Contributions and Benefits Act 1992, or any graduated retirement benefit under sections 36 and 37 of the National Insurance Act 1965;“basic retirement pension” means any basic pension under the Social Security Contributions and Benefits Act 1992;...“employed earner” has the same meaning as it has in Parts I to V of the Social Security Contributions and Benefits Act 1992 (by virtue of section 2(1) of that Act);“employer”—in relation to any occupational pension scheme, has the same meaning as in Part I of the Pensions Act 1995; and in relation to employed earner’s employment, has the same meaning as in the Pension Schemes Act 1993;“lump sum” means a lump sum under section 8 of the Pensions Act 2014 or Schedule 5 or 5A to the Social Security Contributions and Benefits Act 1992;“member”, in relation to an occupational pension scheme, has the same meaning as in Part I of the Pensions Act 1995;“occupational pension scheme” and “personal pension scheme” have the same meanings as in the Pension Schemes Act 1993;“prescribed” means prescribed by or determined in accordance with regulations;“regulations” means regulations made by the Secretary of State;“trustee or manager”, in relation to an occupational or personal pension scheme, means—in the case of a scheme established under a trust, the trustee or trustees of the scheme, and in any other case, the person or persons responsible for the management of the scheme.
Selection of trustees and of directors of corporate trustees
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Winding-up of schemes
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After section 72 of the Pensions Act 1995 there shall be inserted—
In section 124 of that Act (interpretation of Part I), after subsection (3) there shall be inserted—
After section 49 of that Act (other responsibilities of trustees employers etc.) there shall be inserted—
After the section 72A inserted in the Pensions Act 1995 by section 49 there shall be inserted—
Other provisions
After section 51 of that Act there shall be inserted—
In subsection (1) of section 113 of the Pension Schemes Act 1993 (regulations as to information to be provided to scheme members etc.), for the word “and” at the end of paragraph (c) there shall be substituted—.
After subsection (3) of that section there shall be inserted—
Section 146 of the Pension Schemes Act 1993 (functions of the Pensions Ombudsman) shall be amended as follows.
In subsection (1), after paragraph (b) there shall be inserted—.
In that subsection, for the words after sub-paragraph (ii) of paragraph (d) there shall be substituted—
After that subsection there shall be inserted—
In subsection (3) (persons responsible for the management of the scheme to be the trustees and managers and employer), after “occupational pension scheme” there shall be inserted “or a personal pension scheme”.
For paragraph (a) of subsection (6) (exclusion of the Ombudsman’s jurisdiction where court proceedings have been begun) there shall be substituted—.
In subsection (7) (persons who are actual or potential beneficiaries)—
after paragraph (b) there shall be inserted—and
in sub-paragraph (i) of paragraph (c), for “paragraph (a) or (b)” there shall be substituted “paragraph (a), (b) or (ba)”.
In subsection (8) (interpretation) after the definition of “employer” there shall be inserted—.
In subsection (1)—
for “complaints and disputes” there shall be substituted “matters”;
in paragraph (b), for the words from “is to” to the end of the paragraph there shall be substituted “are references to the other scheme referred to in that sub-paragraph”; and
in paragraphs (c) and (d), the words “which arises”, in each place where they occur, shall be omitted.
Subsection (6) does not have effect in relation to proceedings begun before the day appointed under section 86 for the coming into force of this section.
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After section 66 of the Pensions Act 1995 there shall be inserted—
Schedule 5 (which contains miscellaneous amendments of the Pension Schemes Act 1993 and the Pensions Act 1995 and makes provision for an alternative to the anti-franking rules in Part III of that Act of 1993) shall have effect.
After section 5 of the Pensions Appeal Tribunals Act 1943 there shall be inserted—
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In section 8 of the Pensions Appeal Tribunals Act 1943 (time limit for appeals), in subsection (1) (notice of appeal to be given within twelve months of notification of decision or assessment), for the words from “twelve months after” to “in any other case,” there shall be substituted “six months after”.
After subsection (3) of that section there shall be inserted—
Subsection (1) shall not have effect in relation to—
decisions from which an appeal lies to the Tribunal under sections 1 to 4 of the Pensions Appeal Tribunals Act 1943 and which are made before the day on which that subsection comes into force, or
decisions or assessments from which an appeal lies to the Tribunal under section 5(2) of that Act and which are made before the day on which that subsection comes into force.
In relation to decisions falling within subsection (3)(a) of this section, section 8 of the Pensions Appeal Tribunals Act 1943 shall have effect as if for paragraphs (a) to (c) of subsection (1) of that section there were substituted “the day on which section 58(1) of the Child Support, Pensions and Social Security Act 2000 came into force”.
In section 6(1) of the War Pensions Act 1921 (notice of appeal to be given within twelve months of notification of rejection of claim), for “twelve” there shall be substituted “six”.
Subsection (5) shall not have effect in relation to any appeal if the decision or assessment appealed against was made before the day on which that subsection comes into force.
Before section 6 of the Pensions Appeal Tribunals Act 1943 (constitution, jurisdiction and procedure of Pensions Appeal Tribunal), there shall be inserted—
In sub-paragraph (2) of paragraph 2 of the Schedule to the Pensions Appeal Tribunals Act 1943 (remuneration for members of Pensions Appeal Tribunals), after “remuneration” there shall be inserted “and allowances”.
After that sub-paragraph there shall be inserted—
After paragraph 2 of that Schedule, there shall be inserted—
For paragraph 3 of that Schedule (constitution of Tribunal for particular hearings) there shall be substituted—
In Schedule 11 to the Courts and Legal Services Act 1990 (judges barred from legal practice), at the end there shall be inserted “Member of a Pensions Appeal Tribunal”.
In section 9 of the Chronically Sick and Disabled Persons Act 1970 (central advisory committee on war pensions to include chairmen of not less than twelve of the war pensions committees), in subsection (1), for “chairmen of not less than twelve” there shall be substituted “chairman of at least one”.
In section 3 of the War Pensions Act 1921 (constitution of central advisory committee), for “representatives of any committees” there shall be substituted “at least one person from one of the committees”.
Social Security
Loss of benefit
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Investigation powers
Schedule 6 to this Act (which amends the enforcement provisions contained in Part VI of the Social Security Administration Act 1992) shall have effect.
Housing benefit and council tax benefit etc.
Schedule 7 (which makes provision for the revision of decisions made in connection with claims for housing benefit or council tax benefit and for appeals against such decisions) shall have effect.
The Secretary of State may by regulations make provision conferring a power on relevant authorities to make payments by way of financial assistance (“discretionary housing payments”) to persons who—
are entitled to housing benefit or council tax benefit, or to both , universal credit ; and
appear to such an authority to require some further financial assistance (in addition to the benefit or benefits to which they are entitled) in order to meet housing costs.
Regulations under this section may include any of the following—
provision prescribing the circumstances in which discretionary housing payments may be made under the regulations;
provision conferring (subject to any provision made by virtue of paragraph (c) or (d) of this subsection or an order under section 70) a discretion on a relevant authority—
as to whether or not to make discretionary housing payments in a particular case; and
as to the amount of the payments and the period for or in respect of which they are made;
provision imposing a limit on the amount of the discretionary housing payment that may be made in any particular case;
provision restricting the period for or in respect of which discretionary housing payments may be made;
provision about the form and manner in which claims for discretionary housing payments are to be made and about the procedure to be followed by relevant authorities in dealing with and disposing of such claims;
provision imposing conditions on persons claiming or receiving discretionary housing payments requiring them to provide a relevant authority with such information as may be prescribed;
provision entitling a relevant authority that are making or have made a discretionary housing payment, in such circumstances as may be prescribed, to cancel the making of further such payments or to recover a payment already made;
provision requiring or authorising a relevant authority to review decisions made by the authority with respect to the making, cancellation or recovery of discretionary housing payments.
Regulations under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subsections (4) to (6) of section 189 of the Social Security Administration Act 1992 (supplemental and incidental powers etc.) shall apply in relation to any power to make regulations under this section as they apply in relation to the powers to make regulations that are conferred by that Act.
Any power to make regulations under this section shall include power to make different provision for different areas or different relevant authorities.
In section 176(1) of that Act (consultation with representative organisation on subordinate legislation relating to housing benefit or council tax benefit), after paragraph (a) there shall be inserted—.
In this section—“prescribed” means prescribed by or determined in accordance with regulations made by the Secretary of State; and“relevant authority” means an authority administering housing benefit or council tax benefit.
The Secretary of State may, out of money provided by Parliament, make to a relevant authority such payments as he thinks fit in respect of—
the cost to that authority of the making of discretionary housing payments; and
the expenses involved in the administration by that authority of any scheme for the making of discretionary housing payments.
The following provisions, namely—shall apply in relation to payments under this section as they apply in relation to subsidy under section 140A of that Act.
subsections (1), (3), (4), (5)(b) . . . and (8) of section 140B of the Social Security Administration Act 1992 (calculation of amount of subsidy payable to authorities administering housing benefit or council tax benefit), and
section 140C of that Act (payment of subsidy),
The Secretary of State may by order make provision—
imposing a limit on the total amount of expenditure in any year that may be incurred by a relevant authority in making discretionary housing payments;
imposing subsidiary limits on the expenditure that may be incurred in any year by a relevant authority in making discretionary housing payments in the circumstances specified in the order.
An order imposing a limit by virtue of subsection (3)(a) or (b) may fix that limit either by specifying the amount of the limit or by providing for the means by which it is to be determined.
An order under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subsections (4) to (6) of section 189 of the Social Security Administration Act 1992 (supplemental and incidental powers etc.) shall apply in relation to any power to make an order under this section as they apply in relation to the powers to make an order that are conferred by that Act.
Any power to make an order under this section shall include power to make different provision for different areas or different relevant authorities.
In this section—“discretionary housing payment” means any payment made by virtue of regulations under section 69;“relevant authority” means an authority administering housing benefit or council tax benefit;“subsidy” has the same meaning as in sections 140A to 140G of the Social Security Administration Act 1992;“year” means a financial year within the meaning of the Local Government Finance Act 1992.
For subsection (3) of section 75 of the Social Security Administration Act 1992 (overpayments of housing benefit) there shall be substituted—
Child benefit
In section 143(3)(c) of the Social Security Contributions and Benefits Act 1992 (disregard of days of absence in the case of children in residential accommodation in pursuance of arrangements made under the specified enactments), for sub-paragraph (iii) and the word “or” immediately preceding it there shall be substituted—
Social Security Advisory Committee
Section 170 of the Social Security Administration Act 1992 (functions of the Social Security Advisory Committee in relation to the relevant enactments and the relevant Northern Ireland enactments) shall be amended as follows.
In the definition in subsection (5) of “relevant enactments”, after paragraph (ae) there shall be inserted—.
In the definition in that subsection of “relevant Northern Ireland enactments”, after paragraph (ae) there shall be inserted—.
National Insurance Contributions
Great Britain
In section 1(2)(b) of the Social Security Contributions and Benefits Act 1992 (Class 1A contributions), the words “in respect of cars made available for private use and car fuel” shall be omitted.
For section 10 of that Act (Class 1A contributions) there shall be substituted—
For subsection (6) of section 4 of that Act (power to treat emoluments in respect of share acquisitions etc. as earnings) there shall be substituted—
In paragraph 8(1)(ia) of that Schedule (power to provide by regulations for repayment in prescribed cases of the whole or a part of a Class 1B contribution), after “part” there shall be inserted “of a Class 1A or”.
In section 120(4) of the Social Security Administration Act 1992 (proof of previous offences relating to Class 1A contributions), for “car” there shall be substituted “amount”.
In section 162(5)(c) of that Act (appropriate national health service allocation of Class 1A contributions), for “cash equivalents of the benefits of the cars and car fuel” there shall be substituted “emoluments”.
This section shall have effect in relation to the tax year beginning with 6th April 2000 and subsequent tax years.
Regulations made by statutory instrument under any power conferred by virtue of this section may be made so as to have retrospective effect in relation to any time in the tax year in which they are made (including, in the case of regulations made in the tax year in which this Act is passed, any time in that tax year before the passing of this Act).
After section 10 of the Social Security Contributions and Benefits Act 1992 there shall be inserted—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection (1) shall have effect in relation to the tax year beginning with 6th April 2000 and subsequent tax years.
Regulations made by virtue of this section under section 10ZA(5) of the Social Security Contributions and Benefits Act 1992 may be made so as to have retrospective effect in relation to any time in the tax year in which they are made (including, in the case of regulations made in the tax year in which this Act is passed, any time in that tax year before the passing of this Act).
Schedule 1 to the Social Security Contributions and Benefits Act 1992 (supplementary provisions relating to contributions) shall be amended in accordance with subsections (2) to (5).
In paragraph 7(2)(b) (application of sections 100 to 100D and 102 to 104 of the Taxes Management Act 1970 in relation to certain penalties), for “104” there shall be substituted “105”.
For sub-paragraph (2)(e) of paragraph 7B (power to provide for interest to be charged on late payment in the case of payment outside the PAYE system) there shall be substituted—.
After sub-paragraph (5) of that paragraph there shall be inserted—
After that paragraph there shall be inserted—
In section 8(1) of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (decisions to be made by an Inland Revenue officer and appealable under section 11)—
paragraph (j) (interest under regulations made by virtue of paragraph 7B(2)(e) of Schedule 1 to the Social Security Contributions and Benefits Act 1992) shall cease to have effect; and
in paragraph (l), for “paragraphs (j) and (k)” there shall be substituted “paragraph (k)”, and the words “amount of interest or” shall be omitted.
Subsection (6) has effect in relation to interest accruing on sums becoming due in respect of the tax year beginning with 6th April 2000 or any subsequent tax year.
In paragraph 3 of Schedule 1 to the Social Security Contributions and Benefits Act 1992 (prohibition on deduction or recovery of Class 1 contributions), sub-paragraph (2) shall be omitted.
After that paragraph there shall be inserted—
In section 6(4) of that Act (persons by whom Class 1 contributions are payable), for the words from “paragraph 3” onwards there shall be substituted “paragraphs 3 to 3B of Schedule 1 to this Act.”
In paragraph 8(1) of Schedule 1 to that Act (general regulations), after paragraph (c) there shall be inserted—.
In section 8(1) of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (decisions to be taken by officers of the Inland Revenue), after paragraph (i) there shall be inserted—.
In section 10 of that Act of 1999 (regulations about varying or superseding decisions), at the beginning of subsection (1) there shall be inserted “Subject to subsection (2A) below,”, and after subsection (2) there shall be inserted—
In section 12(4) of that Act of 1999 (appeals to be heard by General Commissioners), after “Subject to” there shall be inserted “paragraph 3B(8) of Schedule 1 to theSocial Security Contributions and Benefits Act 1992 (which provides for appeals under that paragraph to be heard by the Special Commissioners), to”.
Northern Ireland
In section 1(2)(b) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Class 1A contributions), the words “in respect of cars made available for private use and car fuel” shall be omitted.
For section 10 of that Act (Class 1A contributions) there shall be substituted—
For subsection (6) of section 4 of that Act (power to treat emoluments in respect of share acquisitions etc. as earnings) there shall be substituted—
In paragraph 8(1)(ia) of that Schedule (power to provide by regulations for repayment in prescribed cases of the whole or a part of a Class 1B contribution), after “part” there shall be inserted “of a Class 1A or”.
In section 114(4) of the Social Security Administration (Northern Ireland) Act 1992 (proof of previous offences relating to Class 1A contributions), for “car” there shall be substituted “amount”.
In section 142(5)(c) of that Act (appropriate health service allocation of Class 1A contributions), for “cash equivalents of the benefits of the cars and car fuel” there shall be substituted “emoluments”.
This section shall have effect in relation to the tax year beginning with 6th April 2000 and subsequent tax years.
Regulations made by statutory instrument under any power conferred by virtue of this section may be made so as to have retrospective effect in relation to any time in the tax year in which they are made (including, in the case of regulations made in the tax year in which this Act is passed, any time in that tax year before the passing of this Act).
After section 10 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 there shall be inserted—
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Subsection (1) shall have effect in relation to the tax year beginning with 6th April 2000 and subsequent tax years.
Regulations made by virtue of this section under section 10ZA(5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 may be made so as to have retrospective effect in relation to any time in the tax year in which they are made (including, in the case of regulations made in the tax year in which this Act is passed, any time in that tax year before the passing of this Act).
Schedule 1 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (supplementary provisions relating to contributions) shall be amended in accordance with subsections (2) to (5).
In paragraph 7(2)(b) (application of sections 100 to 100D and 102 to 104 of the Taxes Management Act 1970 in relation to certain penalties), for “104” there shall be substituted “105”.
For sub-paragraph (2)(e) of paragraph 7B (power to provide for interest to be charged on late payment in the case of payment outside the PAYE system) there shall be substituted—.
After sub-paragraph (5) of that paragraph there shall be inserted—
After that paragraph there shall be inserted—
In Article 7(1) of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (decisions to be made by an Inland Revenue officer and appealable under Article 10)—
sub-paragraph (j) (interest under regulations made by virtue of paragraph 7B(2)(e) of Schedule 1 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992) shall cease to have effect; and
in sub-paragraph (l), for “sub-paragraphs (j) and (k)” there shall be substituted “sub-paragraph (k)”, and the words “amount of interest or” shall be omitted.
Subsection (6) has effect in relation to interest accruing on sums becoming due in respect of the tax year beginning with 6th April 2000 or any subsequent tax year.
In paragraph 3 of Schedule 1 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (prohibition on deduction or recovery of Class 1 contributions), sub-paragraph (2) shall be omitted.
After that paragraph there shall be inserted—
In section 6(4) of that Act (persons by whom Class 1 contributions are payable), for the words from “paragraph 3” onwards there shall be substituted “paragraphs 3 to 3B of Schedule 1 to this Act.”
In paragraph 8(1) of Schedule 1 to that Act (general regulations), after paragraph (c) there shall be inserted—.
In Article 7(1) of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (decisions to be taken by officers of the Inland Revenue), after sub-paragraph (i) there shall be inserted—.
In Article 9 of that Order (regulations about varying or superseding decisions), at the beginning of paragraph (1) there shall be inserted “Subject to paragraph (2A) below,”, and after paragraph (2) there shall be inserted—
In Article 11(4) of that Order (appeals to be heard by General Commissioners), after “Subject to” there shall be inserted “paragraph 3B(8) of Schedule 1 to the Contributions and Benefits Act (which provides for appeals under that paragraph to be heard by the Special Commissioners), to”.
Miscellaneous and supplemental
Miscellaneous
Part III of the Family Law Reform Act 1969 (tests for determining parentage) shall be amended in accordance with subsections (2) to (4).
In section 20 (power of the court to require tests)—
for subsections (1A) and (1B) (nomination of the person by whom tests are to be carried out) there shall be substituted—;
in subsection (2)—
for “person responsible for” there shall be substituted “individual”, and
after “this section” there shall be inserted “(“the tester”)”;
in subsection (4), for “the person who made the report” there shall be substituted “the tester”; and
in subsection (5)—
for “the person responsible for carrying out the tests taken for the purpose of giving effect to the direction, or any” there shall be substituted “the tester, or any other”,
for “that person” there shall be substituted “the tester or that other person”, and
after “and where” there shall be inserted “the tester or”.
In section 21 (consents, etc, required for the taking of blood samples), in subsection (3), for the words “if the person who has the care and control of him consents” there shall be substituted—
In section 22(1) (power of Lord Chancellor to make further provision relating to tests for determining parentage)—
in paragraph (a) (power to provide that bodily samples are not to be taken except by such medical practitioners as may be appointed by the Lord Chancellor), for the words from “such medical practitioners” to the end there shall be substituted “registered medical practitioners or members of such professional bodies as may be prescribed by the regulations;”, and
for paragraph (e) (power to provide that scientific tests are not to be carried out except by persons appointed by the Lord Chancellor) there shall be substituted—.
The amendments made by this section shall not have effect in relation to any proceedings pending at the commencement of this section.
Part III of the Family Law Act 1986 (declarations of status) shall be amended as follows.
After section 55 there shall be inserted—
Section 58(5)(b) (prohibition of declarations of illegitimacy) shall be omitted.
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Schedule 8 (which makes amendments consequential on subsection (1)) shall have effect.
Nothing in this Act shall affect any proceedings pursuant to an application under—which are pending immediately before the commencement of this section.
section 56(1)(a) of the Family Law Act 1986, or
section 27 of the Child Support Act 1991,
Supplemental
There shall be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State for or in connection with the carrying out of his functions under this Act; and
any increase attributable to this Act in the sums which are payable out of money so provided under any other Act.
The enactments mentioned in Schedule 9 (which include some spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.
The repeals specified in that Schedule have effect subject to the commencement provisions and savings contained, or referred to, in the notes set out in that Schedule.
This section applies to the following provisions of this Act—
Part I (other than section 24);
Part III;
Parts I to VII and IX of Schedule 9.
The provisions of this Act to which this section applies shall come into force on such day as may be appointed by order made by statutory instrument; and different days may be appointed under this section for different purposes.
The power to make an order under subsection (2) shall be exercisable—
except in a case falling within paragraph (b), by the Secretary of State; and
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—
Regulations under subsection (5) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978.
This Act may be cited as the Child Support, Pensions and Social Security Act 2000.
The following provisions of this Act extend to Northern Ireland—
section 73;
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);
paragraph 6 of Schedule 5; and
this Part, except—
so much of this Part as gives effect to any repeal other than the repeals mentioned in subsection (3).
The repeals mentioned in subsection (2)(g) (which extend to Northern Ireland) are—
the repeals, in Part I of Schedule 9, that relate to the Tax Credits Act 1999;
the repeals, in sections (1), (6) and (11) of Part III of that Schedule, that relate to—
section 21(3) of the Pensions Act 1995;
paragraph 49(a)(ii) of Schedule 3 to the Pensions (Northern Ireland) Order 1995; and
section 52(5) of the Pension Schemes (Northern Ireland) Act 1993;
the repeals in Part IV of that Schedule (except so far as relating to the Courts and Legal Services Act 1990); and
the repeals in section (2) of Part VIII of that Schedule.
Subject to that, this Act does not extend to Northern Ireland.
Substituted Part I of Schedule 1 to the Child Support Act 1991
.
Substituted Schedules 4A and 4B to the 1991 Act
Substituted Schedule 4A
Substituted Schedule 4B
Amendment of enactments relating to child support
The Army Act 1955 (3 & 4 Eliz. 2 c.18)
Section 150A of the Army Act 1955 (enforcement of maintenance assessment by deductions from pay) shall be amended as follows.
In subsections (1), (2)(a), (3)(a) (twice) and (4), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.
In subsection (3) (twice), for “the assessment” there shall be substituted “ the calculation ”.
The Air Force Act 1955 (3 & 4 Eliz. 2 c.19)
Section 150A of the Air Force Act 1955 (enforcement of maintenance assessment by deductions from pay) shall be amended as follows.
In subsections (1), (2)(a), (3)(a) (twice) and (4), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.
In subsection (3) (twice), for “the assessment” there shall be substituted “ the calculation ”.
The Matrimonial Causes Act 1973 (c.18)
The Matrimonial Causes Act 1973 shall be amended as follows.
In section 29 (duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour)—
in subsections (5)(a), (7) (three times) and (8)(a), for “maintenance assessment” there shall be substituted “ maintenance calculation ”;
in subsections (5)(a) and (b)(ii) and (6)(b), for “current assessment” there shall be substituted “ current calculation ”;
in subsection (6)(b), for “maintenance assessments” there shall be substituted “ maintenance calculations ”; and
in subsection (6)(b), for “those assessments” there shall be substituted “ those calculations ”.
In section 31 (variation, discharge, etc, of certain orders for financial relief)—
in subsections (11)(c) and (12)(a) and (c), for “maintenance assessment” there shall be substituted “ maintenance calculation ”; and
in subsection (11) (twice), for “the assessment” there shall be substituted “ the calculation ”.
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)
The Domestic Proceedings and Magistrates Courts Act 1978 shall be amended as follows.
In section 5 (age limit on making orders for financial provision for children and duration of such orders)—
in subsections (5)(a), (7) (three times) and (8)(a), for “maintenance assessment” there shall be substituted “ maintenance calculation ”;
in subsections (5)(a) and (b)(ii) and (6)(b), for “current assessment” there shall be substituted “ current calculation ”; and
in subsection (6)(b), for “those assessments” there shall be substituted “ those calculations ”.
In section 20 (variation, revival and revocation of orders for periodical payments)—
in subsections (9A)(c) and (9B)(a) and (c), for “maintenance assessment” there shall be substituted “ maintenance calculation ”; and
in subsection (9A) (three times), for “the assessment” there shall be substituted “ the calculation ”.
In section 88 (interpretation), in subsection (1), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.
The Family Law (Scotland) Act 1985 (c.37)
The Family Law (Scotland) Act 1985 shall be amended as follows.
In section 5 (variation and recall of decrees of aliment), in subsection (1A), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.
In section 7 (agreements about aliment), in subsection (2A), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.
In section 13 (orders for periodical allowance), in subsection (4A), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.
In section 16 (agreements about financial provision), in subsection (3)(d), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.
In section 27 (interpretation), in subsection (1), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.
The Insolvency Act 1986 (c.45)
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)
The Debtors (Scotland) Act 1987 shall be amended as follows.
In section 72 (effect of sequestration on diligence against earnings), in subsection (4A), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.
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)
The Income and Corporation Taxes Act 1988 shall be amended as follows.
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The Finance Act 1988 (c.39)
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)
Schedule 1 to the Children Act 1989 (financial provision for children) shall be amended as follows.
In paragraph 3—
in sub-paragraph (5)(a), (7) (three times) and (8)(a), for “maintenance assessment” there shall be substituted “ maintenance calculation ”;
in sub-paragraph (5)(a) and (b)(ii) and (6)(b), for “current assessment” there shall be substituted “ current calculation ”;
in sub-paragraph (6)(b), for “maintenance assessments” there shall be substituted “ maintenance calculations ”; and
in sub-paragraph (6)(b), for “those assessments” there shall be substituted “ those calculations ”.
In paragraph 6—
in sub-paragraph (9) (three times), for “the assessment” there shall be substituted “ the calculation ”; and
in sub-paragraph (9)(c), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.
In paragraph 16(3), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.
The Child Support Act 1991 (c.48)
The 1991 Act shall be amended as follows.
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”.
In section 4 (child support maintenance)—
in subsection (4)(a), after “be” there shall be inserted “ identified or ”; and
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In section 7 (right of a child in Scotland to apply for assessment)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (10)—
after “qualifying child if” there shall be inserted “ (a) ”;
after “maintenance order” there shall be inserted “ made before a prescribed date ”; and
at the end there shall be inserted.
In section 8 (role of the courts with respect to maintenance for children)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (3), at the beginning insert “ Except as provided in subsection (3A), ”;
for subsection (3A) there shall be substituted—; and
in subsection (6), for paragraph (b) there shall be substituted—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 14 (information required by Secretary of State), in subsection (1), after “any application” there shall be inserted “ made or treated as made ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 28 (power of the Secretary of State to bring or defend actions of declarator), in subsection (1)(a)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for “or assessment was made” there shall be substituted “ was made or treated as made or the calculation was made ”.
In section 28ZA (decisions involving issues that arise on appeal in other cases), in subsection (1)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for paragraph (b) there shall be substituted—
In section 28ZB (appeals involving issues that arise on appeal in other cases)—
in subsection (1), for paragraph (a) there shall be substituted—; and
in subsection (4), for the words “or assessment” there shall be substituted “ or the imposition of the requirement ”.
In section 28ZC (restrictions on liability in certain cases of error)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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) ”;
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) ”;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 ”.
Sections 28H (departure directions: decisions and appeals) and 28I (transitional provisions relating to departure directions) shall cease to have effect.
In section 30 (collection and enforcement of certain forms of maintenance), for subsection (2) there shall be substituted—.
In section 32 (regulations about deduction from earnings orders), in subsection (2), after paragraph (b) there shall be inserted—.
In section 33 (liability orders), after subsection (5) there shall be inserted—
In section 47 (fees), after subsection (3) there shall be inserted—
In section 51 (supplementary power to make regulations), in subsection (2)—
for paragraph (a)(ii) and (iii) there shall be substituted—; and
for paragraph (b) there shall be substituted—.
In section 54 (interpretation)—
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 ”;
after the definition of “deduction from earnings order” there shall be inserted—;
in the definition of “interim maintenance assessment”, for the word “assessment” there shall be substituted the word “ decision ”;
for the definition of “maintenance assessment” there shall be substituted—;
the definitions of “assessable income”, “current assessment”, “departure direction” and “maintenance requirement” shall be omitted; and
after the definition of “qualifying child” there shall be inserted—.
In section 58 (short title, commencement and extent)—
in subsection (9), after “35” there shall be inserted “ , 40 ”; and
in subsection (10), after “28” there shall be inserted “ , 40A ”.
In Schedule 1 (maintenance assessments)—
paragraph 13 (which relates to assessments under which the amount payable is nil) shall cease to have effect;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in paragraph 16 (which is about the termination of assessments)—
in sub-paragraph (1), paragraphs (d) and (e) shall cease to have effect,
sub-paragraphs (2) to (9) shall cease to have effect; and
in sub-paragraph (10), the words “, or should be cancelled” shall cease to have effect.
The Social Security Administration Act 1992 (c.5)
In section 7A of the Social Security Administration Act 1992 (sharing of functions as regards certain claims and information), in subsection (6)(a)—
after “application” there shall be inserted “ (or an application treated as having been made) ”; and
for “maintenance assessment” there shall be substituted “ maintenance calculation ”.
The Child Support Act 1995 (c.34)
The Child Support Act 1995 shall be amended as follows.
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.
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)
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 ”.
The Social Security Act 1998 (c.14)
The Social Security Act 1998 shall be amended as follows.
In Schedule 2 (decisions against which no appeal lies), for paragraph 8 and the heading preceding it there shall be substituted—.
Additional pension
The Schedule to be inserted after Schedule 4 to the Social Security Contributions and Benefits Act 1992 is as follows—
Pensions: miscellaneous amendments and alternative to anti-franking rules
Miscellaneous amendments
Guaranteed minimum for widows and widowers
In section 17 of the 1993 Act (guaranteed minimum for widow or widower), after subsection (4) there shall be inserted—
In subsection (5) of that section—
for “must provide” there shall be substituted “must also make provision”;
the words “Category B retirement pension,”, in the first place where they occur, and the words from “or for which” onwards shall be omitted.
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
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)—
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
in paragraph (b), for “or a personal pension scheme” there shall be substituted “, a personal pension scheme or an overseas arrangement”.
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In section 181(1) of that Act (interpretation), there shall be inserted, at the appropriate place in the alphabetical order—.
Protected rights
Section 28 of the 1993 Act (ways of giving effect to protected rights) shall be amended as follows.
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Review and alteration of rates of contribution
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
For subsection (4) of section 58 of the 1993 Act (calculation of contributions equivalent premiums) there shall be substituted—
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”.
In section 63(1) of that Act (amounts to be certified by the Inland Revenue), for paragraph (b) there shall be substituted—.
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
For subsection (4) of section 54 of the Pension Schemes (Northern Ireland) Act 1993 (calculation of contributions equivalent premiums) there shall be substituted—
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”.
In section 59(1) of that Act (amounts to be certified by the Inland Revenue), for paragraph (b) there shall be substituted—.
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
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
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—.
In section 98(7) of that Act (loss of right to cash equivalent)—
after “right” there shall be inserted “if”; and
paragraph (a) (loss of right on the whole or any part of a pension becoming payable) shall cease to have effect.
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”.
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
For section 156 of the 1993 Act (provision of information as to guaranteed minimum pensions) there shall be substituted—
Register of disqualified trustees
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Conditions of payment of surplus to employer
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Duties relating to statements of contributions
In section 41 of the 1995 Act (provision of documents for members), for subsection (5) there shall be substituted—
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Interpretation of Part I
In this Part of this Schedule—“the 1993 Act” means the Pension Schemes Act 1993; and“the 1995 Act” means the Pensions Act 1995.
Alternative to anti-franking rules
Cases in which alternative applies
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Alternative rules
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Relationship between alternative rules and other rules
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Supplemental
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Social security investigation powers
Preliminary
Part VI of the Social Security Administration Act 1992 (enforcement) shall be amended as follows.
Replacement for inspector’s powers
The following sections shall be substituted for section 110 (appointment and powers of inspectors)—
Exercise of powers on behalf of local authorities
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—
Consequential amendments
In section 111 (delay and obstruction of inspector)—
in subsection (3), for “section 110(5)” there shall be substituted “an authorisation granted under section 109A or 110A”; and
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In section 111A(1) (dishonest representations), before “social security legislation” there shall be inserted “relevant”.
In section 112(1) (false representations), before “social security legislation” there shall be inserted “relevant”.
In subsection (1) of section 113 (breach of regulations)—
for “Acts to which section 110 above applies” there shall be substituted “legislation to which this section applies”;
for the words “that Act”, in the first place where they occur, there shall be substituted “that legislation”; and
for the words “that Act”, where they occur in paragraph (b), there shall be substituted “any enactment contained in the legislation in question”.
After that subsection there shall be inserted—
After section 121D (but still in Part VI) there shall be inserted—
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”.
Housing benefit and council tax benefit: revisions and appeals
Introductory
In this Schedule “relevant authority” means an authority administering housing benefit or council tax benefit.
In this Schedule “relevant decision” means any of the following—but references in this Schedule to a relevant decision do not include references to a decision under paragraph 3 to revise a relevant decision.
a decision of a relevant authority on a claim for housing benefit or council tax benefit;
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;
Decisions on claims for benefit
Where at any time a claim for housing benefit or council tax benefit is decided by a relevant authority—
the claim shall not be regarded as subsisting after that time; and
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
Any relevant decision may be revised or further revised by the relevant authority which made the decision—and regulations may prescribe the procedure by which a decision of a relevant authority may be so revised.
either within the prescribed period or in prescribed cases or circumstances; and
either on an application made for the purpose by a person affected by the decision or on their own initiative;
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.
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.
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.
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.
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
Subject to sub-paragraphs (4) and (4A), the following, namely—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.
any relevant decision (whether as originally made or as revised under paragraph 3),...
any decision under this Schedule of an appeal tribunal or a Commissioner, and
any decision under this Schedule of the First-tier Tribunal or any decision of the Upper Tribunal which relates to any such decision,
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.
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.
Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this paragraph.
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.
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.
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.
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
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
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—
is made on a claim for, or on an award of, housing benefit or council tax benefit; or
does not fall within paragraph (a) but is of a prescribed description.
This paragraph does not apply to—
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);
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);
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);
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
any such other decision as may be prescribed.
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.
Nothing in sub-paragraph (3) shall confer a right of appeal in relation to—
a prescribed decision; or
a prescribed determination embodied in or necessary to a decision.
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.
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.
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.
Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought.
In deciding an appeal under this paragraph, an the First-tier Tribunal—
need not consider any issue that is not raised by the appeal; and
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
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.
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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.
In this paragraph and paragraph 8 “principal parties” means—
where he is the applicant for leave to appeal or the circumstances are otherwise such as may be prescribed, the Secretary of State;
the relevant authority against whose decision the appeal to the appeal tribunal was brought; and
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
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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—
the Secretary of State;
the relevant authority against whose decision the appeal to the appeal tribunal was brought;
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.
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Applications for permission to appeal against a decision of the Upper Tribunal
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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 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;
any other person who was a party to the proceedings in which the decision to which the Upper Tribunal's decision relates was given;
any other person who is authorised by regulations to apply for permission;
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Procedure
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.
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Finality of decisions
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
Regulations may make provision as respects matters arising—
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—or
any claim for housing benefit or council tax benefit;
any person’s entitlement to such a benefit or its receipt;
out of the revision under paragraph 3, or on appeal, of any such decision.
Suspension in prescribed circumstances
Regulations may provide for—
suspending, in whole or in part, any payments of housing benefit or council tax benefit;
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;
the subsequent making, or restoring, in prescribed circumstances of any or all of the payments, or reductions, so suspended.
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—
it appears to the relevant authority that an issue arises whether the conditions for entitlement to such a benefit are or were fulfilled;
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);
an appeal is pending against a decision of the First-tier Tribunal, the Upper Tribunal or a court; or
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.
For the purposes of sub-paragraph (2), an appeal against a decision is pending if—
an appeal against the decision has been brought but not determined;
an application for permission to appeal against the decision has been made but not determined; or
the time within which—has not expired and the circumstances are such as may be prescribed.
an application for permission to appeal may be made, or
an appeal against the decision may be brought,
In sub-paragraph (2)(d) the reference to a different case—
includes a reference to a case involving a different relevant authority; but
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.
The powers conferred by this paragraph are exercisable in relation to persons who fail to comply with information requirements.
Regulations may provide for—
suspending, in whole or in part, any payments of housing benefit or council tax benefit;
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;
the subsequent making, or restoring, in prescribed circumstances of any or all of the payments, or any right, so suspended.
In this paragraph and paragraph 15 “information requirement” means—
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
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
Regulations may provide that, except in prescribed cases or circumstances—shall cease to be entitled to the benefit from a date not earlier than the date on which payments were suspended.
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
a person whose benefit has been suspended in accordance with regulations under paragraph 14 for failing to comply with such a requirement,
Decisions involving issues that arise on appeal in other cases
This paragraph applies where—
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
an appeal is pending against the decision given in another case by the Upper Tribunal or a court.
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.
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—
they need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending;
they may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed.
Where—they shall then revise their decision (under paragraph 3) in accordance with that determination.
a relevant authority act in accordance with sub-paragraph (3)(b), and
following the making of the determination it is appropriate for their decision to be revised,
For the purposes of this paragraph, an appeal against a decision is pending if—
an appeal against the decision has been brought but not determined;
an application for leave to appeal against the decision has been made but not determined; or
the time within which—has not expired and the circumstances are such as may be prescribed.
an application for leave to appeal may be made, or
an appeal against the decision may be brought,
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—
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
an application to the supervisory jurisdiction of the Court of Session in respect of the decision.
In sub-paragraph (1)(b) the reference to another case—
includes a reference to a case involving a decision made, or falling to be made, by a different relevant authority; but
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
This paragraph applies where—
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
an appeal (“appeal B”) is pending against a decision given in a different case by the Upper Tribunal or a court.
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—
not to determine appeal A but to refer it to them; or
to deal with the appeal in accordance with sub-paragraph (4).
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—
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
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.
Where appeal A is to be dealt with in accordance with this sub-paragraph, the First-tier Tribunal or Upper Tribunal shall either—
stay appeal A until appeal B is determined; or
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—
appeal B had already been determined; and
the issues arising on appeal B had been decided in the way that was most unfavourable to the appellant.
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.
For the purposes of this paragraph, an appeal against a decision is pending if—
an appeal against the decision has been brought but not determined;
an application for leave to appeal against the decision has been made but not determined; or
the time within which—has not expired and the circumstances are such as may be prescribed.
an application for leave to appeal may be made, or
an appeal against the decision may be brought,
In this paragraph—
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;
the reference in sub-paragraph (1)(b) to a different case—
includes a reference to a case involving a different relevant authority; but
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
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—
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
an application to the supervisory jurisdiction of the Court of Session in respect of the decision.
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).
Regulations may make provision supplementing the provision made by this paragraph.
Restrictions on entitlement to benefit in certain cases of error
Subject to sub-paragraph (2), this paragraph applies where—
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
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)—
in relation to a claim for housing benefit or council tax benefit;
as to whether to revise, under paragraph 3, a decision as to a person’s entitlement to such a benefit; or
on an application made under paragraph 4 for a decision as to a person’s entitlement to such a benefit to be superseded.
This paragraph does not apply where the decision mentioned in sub-paragraph (1)(b)—
is one which, but for paragraph 16(2) or (3)(a), would have been made before the date of the relevant determination; or
is one made in pursuance of paragraph 17(3) or (5).
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.
Sub-paragraph (1)(a) shall be read as including a case where—
the effect of the relevant determination is that part or all of a purported regulation or order is invalid; and
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.
It is immaterial for the purposes of sub-paragraph (1)—
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;
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.
In this paragraph “the court” means—
the High Court;
the Court of Appeal;
the Court of Session;
the Supreme Court; or
the Court of Justice of the European Union.
For the purposes of this paragraph, any reference to entitlement to benefit includes a reference to entitlement—
to any increase in the rate of a benefit; or
to a benefit, or increase of benefit, at a particular rate.
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.
Regulations made under sub-paragraph (8) may include provision—
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
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
Regulations may make provision with respect to—
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
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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.
In this paragraph “relevant provision” means—
any of the provisions of this Schedule;
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
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
The power to make regulations under this Schedule shall be exercisable by the Secretary of State
Any power conferred by this Schedule to make regulations shall include power to make different provision for different areas or different relevant authorities.
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.
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.
A statutory instrument—shall be subject to annulment in pursuance of a resolution of either House of Parliament.
which contains (whether alone or with other provisions) regulations made under this Schedule, and
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,
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Consequential amendments of the Administration Act
In section 5(1)(hh) of the Administration Act (regulations about claims for and payments of benefit)—
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
in sub-paragraph (ii), after “Act” there shall be inserted“or, as the case may be, paragraph 4 of that Schedule”.
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—.
Consequential amendments of the Social Security Act 1998
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.
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Interpretation
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).
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.
For the purposes of this Schedule any decision that is made or falls to be made—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.
by a person authorised to carry out any function of a relevant authority relating to housing benefit or council tax benefit, or
by a person providing services relating to housing benefit or council tax benefit directly or indirectly to a relevant authority,
Declarations of status: consequential amendments
The Births and Deaths Registration Act 1953 (c.20)
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)
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The Family Law Act 1986 (c.55)
The Family Law Act 1986 shall be amended as follows.
In section 55 (declarations as to marital status)—
in subsection (1), for “the court” there shall be substituted “the High Court or a county court”, and
in subsection (3), after “made” there shall be inserted “to a court”.
In section 56 (declarations as to legitimacy or legitimation)—
in subsections (1) and (2), for “the court” there shall be substituted “the High Court or a county court”, and
in subsection (4), after “made” there shall be inserted “by a court”.
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”.
In section 58 (general provisions)—
in subsection (1), after “application” there shall be inserted “to a court”, and
in subsection (3), for “The” there shall be substituted “A”.
In section 59 (provisions relating to the Attorney-General)—
in subsections (1) and (2), after “an application” there shall be inserted “to a court”, and
in subsection (3), after “any application” there shall be inserted “to a court”.
The Family Law Reform Act 1987 (c.42)
In section 23(1) of the Family Law Reform Act 1987—
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
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)
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The Child Support Act 1991 (c.48)
The Child Support Act 1991 shall be amended as follows.
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”.
For section 27 (declarations of parentage) there shall be substituted—
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)
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Repeals and revocations
Child support
State pensions
Occupational and personal pension schemes
Sub-paragraph (4) of paragraph 8 of Schedule 5 to this Act has effect in relation to this repeal as it has effect in relation to sub-paragraph (2) of that paragraph.
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War pensions
Loss of benefit
Investigation powers
Housing Benefit and Council Tax Benefit
NICs in respect of benefits in kind
These repeals (except the repeals in Article 7(1) of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999) have effect in relation to the tax year beginning with 6th April 2000 and subsequent tax years.
The repeals in Article 7(1) of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 have effect in accordance with section 80(7) of this Act.
Tests for determining parentage and declarations of status