Select Committee on Delegated Powers and Deregulation Tenth Report


Annex A (continued)

TABLE OF DELEGATED POWERS IN THE SOCIAL SECURITY BILL 1997
50
40
CSA

16(1)

prescribe the period, cases and circumstances in which and the procedure by which a decision relating to child support may be revised
51
40
CSA

16(4)

prescribe cases or circumstances in which a revised decision shall take effect from another date
52
40
CSA

16(6)

prescribe circumstances in which an appeal against a decision will NOT lapse if the decision is revised
53
41
CSA

17(3)

prescribe cases and circumstances in which, and procedure by which a decision may be made superseding an earlier decision
54
41
CSA

17(5)

prescribe cases or circumstances in which a revised decision shall take effect from another date
55
42
CSA 20(4) prescribe the form of notice of a decision and of a right of appeal which is to be given
56
42
CSA 20(6) make provision for manner in which and time within which appeals are to be brought
57
43
CSA 28ZA(2) (a) prescribe cases or circumstances in which a decision on a case is to be made while a decision on a lead case is pending
(b) prescribe cases or circumstances in which a decision may be made in a case affected by a lead case, and the basis on which it may be made
58 CSA 28ZA(4) (c) circumstances in which an appeal against a decision counts as pending, when the appeal has not been brought but the time for bringing it has not yet expired
59 CSA 28ZB(6) (c) circumstances in which an appeal against a decision counts as pending, when the appeal has not been brought but the time for bringing it has not yet expired
60 CSA 28ZB(8) supplementary provision concerning appeals involving issues that arise on appeal in other cases
61
44
CSA 28ZC(5) determining the date of the relevant determination in prescribed cases [28ZC(6) provides that this may include provision for the determination of a higher court to be treated as if it had been made on the date of a determination of a lower court, or vice versa.]
62 CSA 28ZD(1) (a) enable provision for the correction of accidental errors in any decision or record of a decision
44 (cont)
CSA 28ZD(1) (b) enable provision for setting aside of a decision when this appears just
63
45
VDPA 3A(1) (a) prescribe the period within which or the cases and circumstances in which a decision relating to a vaccine damage payment may be reversed
VDPA 3A(3) prescribe the procedure by which a decision reversing an earlier decision may be made
64
46
VDPA 4(2) make provision for manner in which and time within which appeals relating to vaccine damage payments are to be brought
65
47
VDPA 7A(1) (a) enable provision for the correction of accidental errors in any decision or record of a decision
(b) enable provision for setting aside of a decision when this appears just
66
48
SSCBA

2A

provision for the apportionment of payments made for more than one earner, for the purposes of calculating contributions liability
67
49
SSCBA

3(5)

provision for (a) enabling companies and directors to make payments on account of anticipated contributions liability and (b) requiring payments made to be treated, for prescribed purposes, as if they were contributions
SSCBA

3

require any payments made to be treated for prescribed purposes as if they were contributions
68
52
SSCBA 10A(7) allow persons to be excepted from liability for Class 1B contributions in prescribed circumstances
69
53
SSCBA

19A(2)

circumstances where an earner shall not be treated as having been an employed earner during a period where contributions were paid in error
70
54
SSCBA

Sch 1 Para 3

(5) prescribe a method for recovering primary contributions where earnings are paid in a non-monetary form
71
55
SSCBA Sch 1 Para 7A (2) allow imposition of penalties on persons who fraudulently or negligently fail (a) to provide any information or computation required or (b) provides information or computation which is incorrect
(3) (a) prescribe rates of penalty, or provide for how they should be ascertained
(b) provide for a penalty to be imposed within six years after it is incurred
(c) provide for determining the date on which the penalty is incurred, for the purposes of (b)
(d) prescribe the means by which the penalty is to be enforced
(e) enable the Secretary of State to mitigate or remit the penalty, or to stay or compound proceedings
72
56
SSCBA Sch 1 Para 7B (1)(a) provide that contributions payable under Part 1 of the Bill shall be paid to the Secretary of State (not the Inland Revenue) in prescribed cases or circumstances
(b) provide that the Secretary of State shall be responsible for collecting such contributions, in prescribed cases or circumstances
(2)(a) provide for returns to be made to the Secretary of State by prescribed date
(b) prescribe the form in which returns are to be made, or provide for returns to be made in such form as the Secretary of State may approve
(c) prescribe the manner in which contributions are to be paid, or provide for contributions to be paid in such manner as the Secretary of State may approve
(d) prescribe the due date for the payment of contributions
(e) provide for interest to be charged on contributions not paid by the due date, and for enabling interest to be remiited or repaid
(f) provide for interest to be paid on contributions that fall to be repaid
(g) provide for determining the date from which interest to be charged or paid pursuant to regulations under (e) or (f) is to be calculated
(h) provide for penalties to be imposed in respect of a person who

(i) fails to submit within the time allowed, a required return

(ii) in making such a return, fraudulently or negligently fails to provide any information or computation that he is required to provide

(iii) in making such a return, fraudulently or negligently provides any incorrect information or computation

(iv) fails to pay Class 2 contributions by the due date

(4) enables regulations under paragraph 2(e) to provide for interest to be charged by the Inland Revenue
(5)(a) prescribe rates of penalty, or provide for how they are to be ascertained
(b) provide for the penalty to be imposed by the Secretary of State )i) within six years after the date (ii) at any later time within three years after the final determination of the amount of contributions, where the amount of penalty depends on the amount of contributions involved
(c) provide for determining the date on which the penalty is incurred
(d) means by which penalty to be enforced
(e) mitigation or remission of penalty, or staying /compounding of proceedings for it.
(6) enables penalties to be imposed by the Inland Revenue instead of the Secretary of State in some cases
73
59
SSAA 5(1)(hh) requiring such persons as may be prescribed to furnish any information or evidence needed to determine whether a decision on an award of benefit should be revised or superseded.
74
60
SSAA

113(1)

(a) provide that any person who contravenes or fails to comply with any provision contained in regulations made under relevant Acts which relates to contributions shall be liable to a penalty
SSAA 113(1) (b) provide that any person who contravenes or fails to comply with any provision contained in regulations under relevant Acts which does not relate to contributions shall be guilty of an offence under that Act
75
60
SSAA 113(2) (a) with regard to s113(1)(a), prescribe the amount or rate of penalty, or provide for how it is to be ascertained
(b) with regard to s113(1)(a), provide for the penalty to be imposed by the Secretary of State within six years after that date on which the penalty is incurred; or where the amount of the penalty is to be ascertained by reference to the amount of any contributions payable, at any later time within three years after the final determination of the amount of those contributions.
(c) with regard to s113(1)(a), provide for determining the date on which the penalty was incurred
(d) with regard to s113(1)(a), prescribe the means for enforcing the penalty
(e) enable the Secretary of State to mitigate or remit any penalty or to stay or compound any proceedings for a penalty.
76
61
SSAA

114A(3)

(a) prescribe the amount or rate of penalty for offences relating to contributions or provide for how it is to be ascertained
(b) provide for the penalty to be imposed within six years after the date on which it is incurred, or, where the amount of the penalty is to be ascertained by reference to the amount of any contributions payable, at any later time within three years after the final determination of the amount of contributions payable
(c) provide for determining the date on which the penalty is incurred
(d) prescribe the means by which the penalty is to be enforced
(e) enable the Secretary of State to mitigate or remit any penalty or to stay or compound any proceedings for a penalty.
77
63
SSAA 121A(8) (a) fees chargeable on or in connection with the levying of distress
(b) costs and charges recoverable where distress has been levied
78
64
SSAA 143A(1) alteration of the rate of Class 1B contributions by order
79 (r)
68(1)
SSCBA 138(1) (a) with regard to payments out of the social fund, prescribe amounts, items and circumstances in which they may be made
80
70(1)
- (a) revoke any provision of regulations which prescribes a higher rate of child benefit in the case of a lone parent; or (b0 vary such provision by substituting a lower rate
81
72(1)
SSAA

1(2)

(a) period in respect of which a person is not entitled to benefit, before a claim is made
(b) cases and circumstances in which a person is not entitled to benefit in respect of any period before the date of claim
82
77(4)
SSAA 5(1) (nn) provision for suspending payment where an appeal is pending in a lookalike case, prior to the commencement of section 22(2)(d)
83
79
Order in Council procedure for Northern Ireland
84
81
Commencement Orders
85
Sch 1

Para 7
circumstances, material or classes of material appeal tribunal to secure confidentiality
86

(r)

Para 10
(a) provision for clerks to service appeal tribunals; (b) for clerks to be responsible for summoning members of the panel to serve on appeal tribunals
87
Para 11
(a) provision for authorised officers to make certain determinations which do not fall to be made by an appeal tribunal
(b) procedure to be followed by authorised officers in making determinations
(c) manner in which determinations by such officers may be called into question
88
Sch 2

Para 8
power to add other decisions to those listed in Schedule 2
89
Sch 3

Para 1
cases or circumstances in which a decision whether a person is entitled to a benefit where no claim is required is appealable
90
Para 4
exceptions to general rule that a decision whether a benefit is to be paid to a third party is appealable.
91
Para 10
power to add other decisions to those listed in Schedule 3
92

(r)

(r)

Sch 4

Para 6
(a) enables the Lord Chancellor to provide for authorised officers to make determinations which fall to be made by Commissioners
(b) procedure to be followed by authorised officers in making determinations
(c) manner in which determinations by such officers may be called into question
93 (r)
Sch 5

Para 2
The procedure to be followed in connection with:

(a) the making of decision or determinations by the Secretary of State or a competent tribunal

(b) the withdrawal of claims, applications, appeals or references

94
Para 3
striking out of proceedings
95 (r)
Para 4
form to be used for any document, evidence to be required and the circumstances in which any official record is to be sufficient or conclusive evidence
96 (r)
Para 5
time within which, or manner in which evidence is to be produced or any application, reference or appeal is to be made
97 (r)
Para 6
summoning persons to attend, give evidence, or produce documents, and for the administration of oaths to witnesses
98 (r)
Para 7
authorising an appeal tribunal to proceed with a case in the absence of any member
99 (r)
Para 8
disposal of appeals which are out of jurisdiction



 
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