Child Support Bill - continued        House of Lords
SCHEDULE 7, HOUSING BENEFIT AND COUNCIL TAX BENEFIT: REVISIONS AND APPEALS - continued

back to previous text
 
 
Correction of errors and setting aside of decisions
     19. - (1) Regulations may make provision with respect to-
 
 
    (a) the correction of accidental errors in any decision or record of a decision made under or by virtue of any relevant provision; and
 
    (b) the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that-
 
      (i) a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party's representative, or was not received at an appropriate time by the body or person who gave the decision; or
 
      (ii) a party to the proceedings or a party's representative was not present at a hearing related to the proceedings.
      (2) Nothing in sub-paragraph (1) shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from regulations made by virtue of that sub-paragraph.
 
      (3) In this paragraph "relevant provision" means-
 
 
    (a) any of the provisions of this Schedule;
 
    (b) any of the provisions of Part VII of the Social Security Contributions and Benefits Act 1992 so far as they relate to housing benefit or council tax benefit; or
 
    (c) any of the provisions of Part VIII of the Administration Act or of any regulations under section 2A of that Act, so far as the provisions or regulations relate to, or to arrangements for, housing benefit or council tax benefit.
 
Regulations
     20. - (1) The power to make regulations under this Schedule shall be exercisable-
 
 
    (a) in the case of regulations with respect to proceedings before the Commissioners, by the Lord Chancellor; and
 
    (b) in any other case, by the Secretary of State;

and the Lord Chancellor shall consult with the Scottish Ministers before making any regulations under this Schedule that apply to Scotland.
      (2) Any power conferred by this Schedule to make regulations shall include power to make different provision for different areas or different relevant authorities.
 
      (3) Subsections (4) 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 of the Secretary of State to make regulations under this Schedule as they apply to his powers to make regulations under that Act.
 
      (4) A statutory instrument containing (whether alone or with other provisions) regulations under paragraph 6(2)(e) or (4) shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.
 
      (5) A statutory instrument-
 
 
    (a) which contains (whether alone or with other provisions) regulations made under this Schedule by the Secretary of State, and
 
    (b) which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.
      (6) In this paragraph the reference to regulations with respect to proceedings before the Commissioners includes a reference to regulations with respect to any such proceedings for the determination of any matter, or for leave to appeal to or from the Commissioners.
 
 
Consequential amendments of the Administration Act
     21. - (1) In section 5(1)(hh) of the Administration Act (regulations about claims for and payments of benefit)-
 
 
    (a) in sub-paragraph (i), after "1998" there shall be inserted "or, as the case may be, under paragraph 3 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000"; and
 
    (b) in sub-paragraph (ii), after "Act" there shall be inserted "or, as the case may be, paragraph 4 of that Schedule".
      (2) In section 6(1) of the Administration Act (regulations about claims for and payments of council tax benefit), after paragraph (h) there shall be inserted-
 
 
    "(hh) for requiring such person as may be prescribed in accordance with the regulations to furnish any information or evidence needed for a determination whether a decision on an award of a benefit-
 
      (i) should be revised under paragraph 3 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000; or
 
      (ii) should be superseded under paragraph 4 of that Schedule;".
 
Consequential amendments of the Social Security Act 1998
     22. - (1) Section 34(4) and (5) and section 35 of the Social Security Act 1998 (regulations for the determination of claims and reviews of housing benefit and council tax benefit and for the suspension of those benefits) shall cease to have effect.
 
      (2) In paragraph 4(1)(a) of Schedule 1 to that Act (supplementary provisions relating to the appeal tribunals), for "or section 20 of the Child Support Act" there shall be substituted ", section 20 of the Child Support Act or paragraph 6 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000".
 
      (3) In paragraph 3(1) of Schedule 4 to that Act (provisions relating to the Social Security Commissioners), after "section 14 of this Act" there shall be inserted "or under paragraph 8 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000".'.
 
 
Interpretation
     23. - (1) In this Schedule-
 
 
    "the Administration Act" means the Social Security Administration Act 1992;
 
    "affected" shall be construed subject to any regulations under sub-paragraph (2);
 
    "appeal tribunal" means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998;
 
    "the Chief Commissioner" means the Chief Social Security Commissioner;
 
    "Commissioner" means the Chief Commissioner or any other Social Security Commissioner, and includes a tribunal of three or more Commissioners constituted under paragraph 10(5);
 
    "prescribed" means prescribed by regulations under this Schedule;
 
    "relevant authority" has the meaning given by paragraph 1(1);
 
    "relevant decision" has the meaning given by paragraph 1(2).
      (2) Regulations may make provision specifying the circumstances in which a person is or is not to be treated for the purposes of this Schedule as a person who is affected by any decision of a relevant authority.
 
      (3) For the purposes of this Schedule any decision that is made or falls to be made-
 
 
    (a) by a person authorised to carry out any function of a relevant authority relating to housing benefit or council tax benefit, or
 
    (b) by a person providing services relating to housing benefit or council tax benefit directly or indirectly to a relevant authority,

shall be treated as a decision of the relevant authority on whose behalf the function is carried out or, as the case may be, to whom those services are provided.
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 6 April 2000