Part I Claims for and Payments and General Administration of Benefit

Necessity of Claim

1 Entitlement to benefit dependent on claim

(1) Except in such cases as may be prescribed, and subject to the following provisions of this section and to section 3 below, no person shall be entitled to any benefit unless, in addition to any other conditions relating to that benefit being satisfied—

(a) he makes a claim for it in the manner, and within the time, prescribed in relation to that benefit by regulations under this Part of this Act; or

(b) he is treated by virtue of such regulations as making a claim for it.

(2) Where under subsection (1) above a person is required to make a claim or to be treated as making a claim for a benefit in order to be entitled to it—

(a) if the benefit is a widow’s payment, she shall not be entitled to it in respect of a death occurring more than 12 months before the date on which the claim is made or treated as made; and

(b) if the benefit is any other benefit except disablement benefit or reduced earnings allowance, the person shall not be entitled to it in respect of any period more than 12 months before that date,

except as provided by section 3 below.

(3) Where a person purports to make a claim on behalf of another—

(a) for an attendance allowance by virtue of section 66(1) of the Contributions and Benefits Act; or

(b) for a disability living allowance by virtue of section 72(5) or 73(12) of that Act,

that other shall be regarded for the purposes of this section as making the claim, notwithstanding that it is made without his knowledge or authority.

(4) In this section and section 2 below “benefit” means—

(a) benefit as defined in section 122 of the Contributions and Benefits Act; and

(b) any income-related benefit.

(5) This section (which corresponds to section 165A of the 1975 Act, as it had effect immediately before this Act came into force) applies to claims made on or after 1st October 1990 or treated by virtue of regulations under that section or this section as having been made on or after that date.

(6) Schedule 1 to this Act shall have effect in relation to other claims.

2 Retrospective effect of provisions making entitlement to benefit dependent on claim

(1) This section applies where a claim for benefit is made or treated as made at any time on or after 2nd September 1985 (the date on which section 165A of the 1975 Act (general provision as to necessity of claim for entitlement to benefit), as originally enacted, came into force) in respect of a period the whole or any part of which falls on or after that date.

(2) Where this section applies, any question arising as to—

(a) whether the claimant is or was at any time (whether before, on or after 2nd September 1985) entitled to the benefit in question, or to any other benefit on which his entitlement to that benefit depends; or

(b) in a case where the claimant’s entitlement to the benefit depends on the entitlement of another person to a benefit, whether that other person is or was so entitled,

shall be determined as if the relevant claim enactment and any regulations made under or referred to in that enactment had also been in force, with any necessary modifications, at all times relevant for the purpose of determining the entitlement of the claimant, and, where applicable, of the other person, to the benefit or benefits in question (including the entitlement of any person to any benefit on which that entitlement depends, and so on).

(3) In this section “the relevant claim enactment” means section 1 above as it has effect in relation to the claim referred to in subsection (1) above.

(4) In any case where—

(a) a claim for benefit was made or treated as made (whether before, on or after 2nd September 1985, and whether by the same claimant as the claim referred to in subsection (1) above or not), and benefit was awarded on that claim, in respect of a period falling wholly or partly before that date; but

(b) that award would not have been made had the current requirements applied in relation to claims for benefit, whenever made, in respect of periods before that date; and

(c) entitlement to the benefit claimed as mentioned in subsection (1) above depends on whether the claimant or some other person was previously entitled or treated as entitled to that or some other benefit,

then, in determining whether the conditions of entitlement to the benefit so claimed are satisfied, the person to whom benefit was awarded as mentioned in paragraphs (a) and (b) above shall be taken to have been entitled to the benefit so awarded, notwithstanding anything in subsection (2) above.

(5) In subsection (4) above “the current requirements” means—

(a) the relevant claim enactment, and any regulations made or treated as made under that enactment, or referred to in it, as in force at the time of the claim referred to in subsection (1) above, with any necessary modifications; and

(b) subsection (1) (with the omission of the words following “at any time”) and subsections (2) and (3) above.

Widowhood benefits

3 Late claims for widowhood benefit where death is difficult to establish

(1) This section applies where a woman’s husband has died or may be presumed to have died and the circumstances are such that—

(a) more than 12 months have elapsed since the date of death (whether he died, or is presumed to have died, before or after the coming into force of this section);

(b) either-

(i) the husband’s body has not been discovered or identified or, if it has been discovered and identified, the woman does not know that fact; or

(ii) less than 12 months have elapsed since she first knew of the discovery and identification of the body; and

(c) no claim for any of the widowhood benefits, that is to say—

(i) widow’s benefit,

(ii) an invalidity pension under section 15 of the Pensions Act, or

(iii) a Category A retirement pension by virtue of subsection (5) of that section,

was made or treated as made in respect of the death by the [1990 c. 27.] woman before 13th July 1990 (the coming into force of section 6 of the Social Security Act 1990, which inserted in the 1975 Act section 165C, the provision of that Act corresponding to this section).

(2) Where this section applies, notwithstanding that any time prescribed for making a claim for a widowhood benefit in respect of the death has elapsed, then—

(a) in any case falling within paragraph (b)(i) of subsection (1) above where it has been determined—

(i) under subsection (1)(b) of section 20 below on a claim made by the woman; or

(ii) under subsection (4) of that section on the submission of a question by her,

that the husband has died or is presumed to have died; or

(b) in any case falling within paragraph (b)(ii) of subsection (1) above where the identification was made not more than 12 months before the woman first knew of the discovery and identification of the body,

such a claim may be made or treated as made at any time before the expiration of the period of 12 months beginning with the date on which that determination was made or, as the case may be, the date on which she first knew of the discovery and identification.

(3) If, in a case where a claim for a widowhood benefit is made or treated as made by virtue of this section, the claimant would, apart from subsection (2) of section 1 above, be entitled to—

(a) a widow’s payment in respect of the husband’s death more than 12 months before the date on which the claim is made or treated as made; or

(b) any other widowhood benefit in respect of his death for a period more than 12 months before that date,

then, notwithstanding anything in that section, she shall be entitled to that payment or, as the case may be, to that other benefit (together with any increase under section 80(5) of the Contributions and Benefits Act).

4 Treatment of payments of benefit to certain widows

In any case where—

(a) a claim for a widow’s pension or a widowed mother’s allowance is made, or treated as made, before 13th July 1990 (the date of the passing of the [1990 c. 27.] Social Security Act 1990); and

(b) the Secretary of State has made a payment to or for the claimant on the ground that if the claim had been received immediately after the passing of that Act she would have been entitled to that pension or allowance, or entitled to it at a higher rate, for the period in respect of which the payment is made,

the payment so made shall be treated as a payment of that pension or allowance; and, if and to the extent that an award of the pension or allowance, or an award at a higher rate, is made for the period in respect of which the payment was made, the payment shall be treated as made in accordance with that award.

Claims and payments regulations

5 Regulations about claims for and payments of benefit

(1) Regulations may provide—

(a) for requiring a claim for a benefit to which this section applies to be made by such person, in such manner and within such time as may be prescribed;

(b) for treating such a claim made in such circumstances as may be prescribed as having been made at such date earlier or later than that at which it is made as may be prescribed;

(c) for permitting such a claim to be made, or treated as if made, for a period wholly or partly after the date on which it is made;

(d) for permitting an award on such a claim to be made for such a period subject to the condition that the claimant satisfies the requirements for entitlement when benefit becomes payable under the award;

(e) for a review of any such award if those requirements are found not to have been satisfied;

(f) for the disallowance on any ground of a person’s claim for a benefit to which this section applies to be treated as a disallowance of any further claim by that person for that benefit until the grounds of the original disallowance have ceased to exist;

(g) for enabling one person to act for another in relation to a claim for a benefit to which this section applies and for enabling such a claim to be made and proceeded with in the name of a person who has died;

(h) for requiring any information or evidence needed for the determination of such a claim or of any question arising in connection with such a claim to be furnished by such person as may be prescribed in accordance with the regulations;

(i) for the person to whom, time when and manner in which a benefit to which this section applies is to be paid and for the information and evidence to be furnished in connection with the payment of such a benefit;

(j) for notice to be given of any change of circumstances affecting the continuance of entitlement to such a benefit or payment of such a benefit;

(k) for the day on which entitlement to such a benefit is to begin or end;

(l) for calculating the amounts of such a benefit according to a prescribed scale or otherwise adjusting them so as to avoid fractional amounts or facilitate computation;

(m) for extinguishing the right to payment of such a benefit if payment is not obtained within such period, not being less than 12 months, as may be prescribed from the date on which the right is treated under the regulations as having arisen;

(n) for suspending payment, in whole or in part, where it appears to the Secretary of State that a question arises whether—

(i) the conditions for entitlement are or were fulfilled;

(ii) an award ought to be revised;

(iii) an appeal ought to be brought against an award;

(o) for withholding payments of a benefit to which this section applies in prescribed circumstances and for subsequently making withheld payments in prescribed circumstances;

(p) for the circumstances and manner in which payments of such a benefit may be made to another person on behalf of the beneficiary for any purpose, which may be to discharge, in whole or in part, an obligation of the beneficiary or any other person;

(q) for the payment or distribution of such a benefit to or among persons claiming to be entitled on the death of any person and for dispensing with strict proof of their title;

(r) for the making of a payment on account of such a benefit—

(i) where no claim has been made and it is impracticable for one to be made immediately;

(ii) where a claim has been made and it is impracticable for the claim or an appeal, reference, review or application relating to it to be immediately determined;

(iii) where an award has been made but it is impracticable to pay the whole immediately.

(2) This section applies to the following benefits—

(a) benefits as defined in section 122 of the Contributions and Benefits Act;

(b) income support;

(c) family credit;

(d) disability working allowance;

(e) housing benefit;

(f) any social fund payments such as are mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act;

(g) child benefit; and

(h) Christmas bonus.

(3) The reference in subsection (1)(h) above to information or evidence needed for the determination of a claim includes a reference to information or evidence required by a rent officer under section 121 of the [1988 c. 50.] Housing Act 1988.

(4) Subsection (1)(n) above shall have effect in relation to housing benefit as if the reference to the Secretary of State were a reference to the authority paying the benefit.

(5) Subsection (1)(g), (i), (l), (p) and (q) above shall have effect as if statutory sick pay and statutory maternity pay were benefits to which this section applies.

Community charge benefits etc.

6 Regulations about community charge benefits administration

(1) Regulations may provide as follows as regards any community charge benefit—

(a) for requiring a claim for a benefit to be made by such person, in such manner and within such time as may be prescribed;

(b) for treating a claim made in such circumstances as may be prescribed as having been made at such date earlier or later than that at which it is made as may be prescribed;

(c) for permitting a claim to be made, or treated as if made, for a period wholly or partly after the date on which it is made;

(d) for permitting an award on a claim to be made for such a period subject to the condition that the claimant satisfies the requirements for entitlement when benefit becomes payable, or any right to a reduction or a consequential reduction becomes available, under the award;

(e) for a review of any award if those requirements are found not to have been satisfied;

(f) for the disallowance on any ground of a person’s claim for a benefit to be treated as a disallowance of any further claim by that person for that benefit until the grounds of the original disallowance have ceased to exist;

(g) for enabling one person to act for another in relation to a claim for a benefit and for enabling such a claim to be made and proceeded with in the name of a person who has died;

(h) for requiring any information or evidence needed for the determination of a claim or of any question arising in connection with a claim to be furnished by such person as may be prescribed in accordance with the regulations;

(i) for the time when and manner in which any benefit (or part) which takes the form of a payment is to be paid, and for the information and evidence to be furnished in connection with the payment;

(j) for the time when the right to make a reduction or consequential reduction may be exercised;

(k) for notice to be given of any change of circumstances affecting the continuance of entitlement to a benefit;

(l) for the day on which entitlement to a benefit is to begin or end;

(m) for calculating the amount of a benefit according to a prescribed scale or otherwise adjusting it so as to avoid fractional amounts or facilitate computation;

(n) for suspending (in whole or in part) any payment or right to make a reduction or consequential reduction, where it appears to the authority which allowed a benefit that a question arises whether the conditions for entitlement to the benefit are or were fulfilled or whether the award ought to be revised or whether an appeal ought to be brought against the award;

(o) for withholding in prescribed circumstances any payment or right to make a reduction or consequential reduction, and for subsequently making in prescribed circumstances any withheld payment or restoring in prescribed circumstances any right to make a reduction or consequential reduction;

(p) in the case of any benefit (or part) which takes the form of a payment, for payment or distribution to or among persons claiming to be entitled on the death of any person, and for dispensing with strict proof of their title;

(q) in the case of any benefit (or part) which takes the form of a payment, for the circumstances and manner in which payment may be made to one person on behalf of another for any purpose, which may be to discharge, in whole or in part, an obligation of the person entitled to the benefit or any other person;

(r) for making a payment on account of a benefit, or conferring a right to make a reduction or consequential reduction on account, where no claim has been made and it is impracticable for one to be made immediately;

(s) for making a payment on account of a benefit, or conferring a right to make a reduction or consequential reduction on account, where a claim has been made but it is impracticable for the claim or an appeal, reference, review or application relating to it to be determined immediately;

(t) for making a payment on account of a benefit, or conferring a right to make a reduction or consequential reduction on account, where an award has been made but it is impracticable to institute the benefit immediately;

(u) generally as to administration.

(2) Regulations under this section may include provision in relation to community charge benefits that prescribed provisions shall apply instead of prescribed provisions of the [1987 c. 47.] Abolition of Domestic Rates Etc. (Scotland) Act 1987 or the [1988 c. 41.] Local Government Finance Act 1988, or that prescribed provisions of either of those Acts shall not apply or shall apply subject to prescribed amendments or adaptations.

(3) References in subsection (2) above to either of the Acts there mentioned include references to regulations made under the Act concerned.

7 Relationship between community charge benefits and other benefits

(1) Regulations may provide for a claim for one relevant benefit to be treated, either in the alternative or in addition, as a claim for any other relevant benefit that may be prescribed.

(2) Regulations may provide for treating a payment made or right conferred by virtue of regulations—

(a) under section 5(1)(r) above; or

(b) under section 6(1)(r) to (t) above,

as made or conferred on account of any relevant benefit that is subsequently awarded or paid.

(3) For the purposes of subsections (1) and (2) above relevant benefits are—

(a) any benefit to which section 5 above applies; and

(b) any community charge benefit.

Industrial injuries benefit

8 Notification of accidents, etc

Regulations may provide—

(a) for requiring the prescribed notice of an accident in respect of which industrial injuries benefit may be payable to be given within the prescribed time by the employed earner to the earner’s employer or other prescribed person;

(b) for requiring employers—

(i) to make reports, to such person and in such form and within such time as may be prescribed, of accidents in respect of which industrial injuries benefit may be payable;

(ii) to furnish to the prescribed person any information required for the determination of claims, or of questions arising in connection with claims or awards;

(iii) to take such other steps as may be prescribed to facilitate the giving notice of accidents, the making of claims and the determination of claims and of questions so arising.

9 Medical examination and treatment of claimants

(1) Regulations may provide for requiring claimants for disablement benefit—

(a) to submit themselves from time to time to medical examination for the purpose of determining the effect of the relevant accident, or the treatment appropriate to the relevant injury or loss of faculty;

(b) to submit themselves from time to time to appropriate medical treatment for the injury or loss of faculty.

(2) Regulations under subsection (1) above requiring persons to submit themselves to medical examination or treatment may—

(a) require those persons to attend at such places and at such times as may be required; and

(b) with the consent of the Treasury provide for the payment by the Secretary of State to those persons of travelling and other allowances (including compensation for loss of remunerative time).

10 Obligations of claimants

(1) Subject to subsection (3) below, regulations may provide for disqualifying a claimant for the receipt of industrial injuries benefit—

(a) for failure without good cause to comply with any requirement of regulations to which this subsection applies (including in the case of a claim for industrial death benefit, a failure on the part of some other person to give the prescribed notice of the relevant accident);

(b) for wilful obstruction of, or other misconduct in connection with, any examination or treatment to which he is required under regulations to which this subsection applies to submit himself, or in proceedings under this Act for the determination of his right to benefit or to its receipt,

or for suspending proceedings on the claim or payment of benefit as the case may be, in the case of any such failure, obstruction or misconduct.

(2) The regulations to which subsection (1) above applies are—

(a) any regulations made by virtue of section 5(1)(h), (i) or (l) above, so far as relating to industrial injuries benefit; and

(b) regulations made by virtue of section 8 or 9 above.

(3) Regulations under subsection (1) above providing for disqualification for the receipt of benefit for any of the following matters, that is to say—

(a) for failure to comply with the requirements of regulations under section 9(1) or (2) above;

(b) for obstruction of, or misconduct in connection with, medical examination or treatment,

shall not be made so as to disentitle a claimant to benefit for a period exceeding 6 weeks on any disqualification.

Disability working allowance

11 Initial claims and repeat claims

(1) In this section—

• “initial claim” means a claim for a disability working allowance made by a person—

  (a)

  to whom it has not previously been payable; or

  (b)

  to whom it has not been payable during the period of 2 years immediately preceding the date on which the claim is made or is treated as made; and

• “repeat claim” means any other claim for a disability working allowance.

(2) On an initial claim a declaration by the claimant that he has a physical or mental disability which puts him at a disadvantage in getting a job is conclusive, except in such circumstances as may be prescribed, that for the purposes of section 129(1)(b) of the Contributions and Benefits Act he has such a disability (in accordance with regulations under section 129(3) of that Act).

(3) If—

(a) a repeat claim is made or treated as made not later than the end of the period of 8 weeks commencing with the last day of the claimant’s previous award; and

(b) on the claim which resulted in that award he qualified under section 129(2) of the Contributions and Benefits Act by virtue—

(i) of paragraph (a) of that subsection; or

(ii) of there being payable to him a benefit under an enactment having effect in Northern Ireland and corresponding to a benefit mentioned in that paragraph,

he shall be treated on the repeat claim as if he still so qualified.

The social fund

12 Necessity of application for certain payments

(1) A social fund payment such as is mentioned in section 138(1)(b) of the Contributions and Benefits Act may be awarded to a person only if an application for such a payment has been made by him or on his behalf in such form and manner as may be prescribed.

(2) The Secretary of State may by regulations—

(a) make provision with respect to the time at which an application for such a social fund payment is to be treated as made;

(b) prescribe conditions that must be satisfied before any determination in connection with such an application may be made or any award of such a payment may be paid;

(c) prescribe circumstances in which such an award becomes extinguished.

Child benefit

13 Necessity of application for child benefit

(1) Subject to the provisions of this Act, no person shall be entitled to child benefit unless he claims it in the manner, and within the time, prescribed in relation to child benefit by regulations under section 5 above.

(2) Except where regulations otherwise provide, no person shall be entitled to child benefit for any week on a claim made by him after that week if child benefit in respect of the same child has already been paid for that week to another person, whether or not that other person was entitled to it.

Statutory sick pay

14 Duties of employees etc. in relation to statutory sick pay

(1) Any employee who claims to be entitled to statutory sick pay from his employer shall, if so required by his employer, provide such information as may reasonably be required for the purpose of determining the duration of the period of entitlement in question or whether a period of entitlement exists as between them.

(2) The Secretary of State may by regulations direct—

(a) that medical information required under subsection (1) above shall, in such cases as may be prescribed, be provided in a prescribed form;

(b) that an employee shall not be required under subsection (1) above to provide medical information in respect of such days as may be prescribed in a period of incapacity for work.

(3) Where an employee asks an employer of his to provide him with a written statement, in respect of a period before the request is made, of one or more of the following—

(a) the days within that period which the employer regards as days in respect of which he is liable to pay statutory sick pay to that employee;

(b) the reasons why the employer does not so regard the other days in that period;

(c) the employer’s opinion as to the amount of statutory sick pay to which the employee is entitled in respect of each of those days,

the employer shall, to the extent to which the request was reasonable, comply with it within a reasonable time.

Statutory maternity pay

15 Duties of women etc. in relation to statutory maternity pay

(1) A woman shall provide the person who is liable to pay her statutory maternity pay—

(a) with evidence as to her pregnancy and the expected date of confinement in such form and at such time as may be prescribed; and

(b) where she commences work after her confinement but within the maternity pay period, with such additional information as may be prescribed.

(2) Where a woman asks an employer or former employer of hers to provide her with a written statement, in respect of a period before the request is made, of one or more of the following—

(a) the weeks within that period which he regards as weeks in respect of which he is liable to pay statutory maternity pay to the woman;

(b) the reasons why he does not so regard the other weeks in that period; and

(c) his opinion as to the amount of statutory maternity pay to which the woman is entitled in respect of each of the weeks in respect of which he regards himself as liable to make a payment,

the employer or former employer shall, to the extent to which the request was reasonable, comply with it within a reasonable time.

Emergency payments

16 Emergency payments by local authorities and other bodies

(1) The Secretary of State may make arrangements—

(a) with a local authority to which this section applies; or

(b) with any other body,

for the making on his behalf by members of the staff of any such authority or body of payments on account of benefits to which section 5 above applies in circumstances corresponding to those in which the Secretary of State himself has the power to make such payments under subsection (1)(r) of that section; and a local authority to which this section applies shall have power to enter into any such arrangements.

(2) A payment under any such arrangements shall be treated for the purposes of any Act of Parliament or instrument made under an Act of Parliament as if it had been made by the Secretary of State.

(3) The Secretary of State shall repay a local authority or other body such amount as he determines to be the reasonable administrative expenses incurred by the authority or body in making payments in accordance with arrangements under this section.

(4) The local authorities to which this section applies are—

(a) a local authority as defined by section 270(1) of the [1972 c. 70.] Local Government Act 1972, other than a parish or community council;

(b) the Common Council of the City of London; and

(c) a local authority as defined in section 235(1) of the [1973 c. 65.] Local Government (Scotland) Act 1973.

Part II Adjudication

Adjudication by the Secretary of State

17 Questions for the Secretary of State

(1) Subject to this Part of this Act, any of the following questions shall be determined by the Secretary of State—

(a) a question whether a person is an earner and, if he is, as to the category of earners in which he is to be included;

(b) subject to subsection (2) below, a question whether the contribution conditions for any benefit are satisfied, or otherwise relating to a person’s contributions or his earnings factor;

(c) a question whether a Class 1A contribution is payable or otherwise relating to a Class 1A contribution;

(d) a question whether a person is or was employed in employed earner’s employment for the purposes of Part V of the Contributions and Benefits Act;

(e) a question as to whether a person was, within the meaning of regulations, precluded from regular employment by responsibilities at home;

(f) any question as to which surpluses are to be taken into account under section 45(1) of the Contributions and Benefits Act;

(g) any question arising under any provision of Part XI of the Contributions and Benefits Act or this Act, or under any provision of regulations under that Part, as to—

(i) whether a person is, or was, an employee or employer of another;

(ii) whether an employer is entitled to make any deduction from his contributions payments in accordance with regulations under section 158 of the Contributions and Benefits Act;

(iii) whether a payment falls to be made to an employer in accordance with the regulations;

(iv) the amount that falls to be so deducted or paid;

(v) the amount of an employer’s contributions payments for any period for the purposes of regulations under section 158(3) of the Contributions and Benefits Act; or

(vi) whether two or more employers or two or more contracts of service are, by virtue of regulations made under section 163(5) of that Act, to be treated as one; and

(h) any question arising under any provision of Part XII of that Act or this Act, or under any provision of regulations under that Part, as to—

(i) whether a person is, or was, an employee or employer of another;

(ii) whether an employer is entitled to make any deduction from his contributions payments in accordance with regulations under section 167 of the Contributions and Benefits Act;

(iii) whether a payment falls to be made to an employer in accordance with the regulations;

(iv) the amount that falls to be so deducted or paid; or

(v) whether two or more employers or two or more contracts of service are, by virtue of regulations made under section 171(2) of that Act, to be treated as one,

and any question arising under regulations made by virtue of paragraph (c), (d) or (f) of section 164(9) of that Act.

(2) Subsection (1)(b) above includes any question arising—

(a) under section 17(1) of the Contributions and Benefits Act as to whether by regulations under that subsection a person is excepted from liability for Class 4 contributions, or his liability is deferred; or

(b) under regulations made by virtue of section 17(3) or (4) or 18 of that Act;

but not any other question relating to Class 4 contributions, nor any question within section 20(1)(c) below.

(3) Regulations may make provision restricting the persons who may apply to the Secretary of State for the determination of any such question as is mentioned in subsection (1) above.

(4) The Secretary of State may, if he thinks fit, before determining any such question as is mentioned in subsection (1) above, appoint a person to hold an inquiry into the question, or any matters arising in connection with it, and to report on the question, or on those matters, to the Secretary of State.

18 Appeal on question of law

(1) A question of law arising in connection with the determination by the Secretary of State of any such question as is mentioned in section 17(1) above may, if the Secretary of State thinks fit, be referred for decision to the High Court or, in Scotland, to the Court of Session.

(2) If the Secretary of State determines in accordance with subsection (1) above to refer any question of law to the court, he shall give notice in writing of his intention to do so—

(a) in a case where the question arises on an application made to the Secretary of State, to the applicant; and

(b) in any case to such persons as appear to him to be concerned with the question.

(3) Any person aggrieved by the decision of the Secretary of State on any question of law within subsection (1) above which is not referred in accordance with that subsection may appeal from that decision to the court.

(4) The Secretary of State shall be entitled to appear and be heard on any such reference or appeal.

(5) Rules of court shall include provision for regulating references and appeals under this section and for limiting the time within which such appeals may be brought.

(6) Notwithstanding anything in any Act, the decision of the court on a reference or appeal under this section shall be final.

(7) On any such reference or appeal the court may order the Secretary of State to pay the costs (in Scotland, the expenses) of any other person, whether or not the decision is in that other person’s favour and whether or not the Secretary of State appears on the reference or appeal.

19 Review of decisions

(1) Subject to subsection (2) below, the Secretary of State may review any decision given by him on any such question as is mentioned in section 17(1) above if—

(a) new facts have been brought to his notice; or

(b) he is satisfied that the decision—

(i) was given in ignorance of some material fact;

(ii) was based on a mistake as to some material fact; or

(iii) was erroneous in point of law.

(2) A decision shall not be reviewed while an appeal under section 18 above is pending against the decision of the Secretary of State on a question of law arising in connection with it, or before the time for so appealing has expired.

(3) On a review any question of law may be referred under subsection (1) of section 18 above or, where it is not so referred, may be the subject of an appeal under subsection (3) of that section, and the other provisions of that section shall apply accordingly.

Adjudication by adjudication officers

20 Claims and questions to be submitted to adjudication officer

(1) Subject to section 54 below, there shall be submitted forthwith to an adjudication officer for determination in accordance with this Part of this Act—

(a) any claim for a benefit to which this section applies;

(b) subject to subsection (2) below, any question arising in connection with a claim for, or award of, such a benefit; and

(c) any question whether, if he had otherwise had a right to it, a person would be disqualified—

(i) by reason of section 28(1) of the Contributions and Benefits Act, for receiving unemployment benefit;

(ii) by reason of any regulations under section 32(1) of that Act, for receiving sickness benefit; or

(iii) by reason of any regulations under section 59(1) of that Act, for receiving invalidity benefit.

(2) Subsection (1) above does not apply to any question which falls to be determined otherwise than by an adjudication officer.

(3) Any question as to, or in connection with, entitlement to statutory sick pay or statutory maternity pay may be submitted to an adjudication officer—

(a) by the Secretary of State; or

(b) subject to and in accordance with regulations, by the employee concerned,

for determination in accordance with this Part of this Act.

(4) If—

(a) a person submits a question relating to the age, marriage or death of any person; and

(b) it appears to the adjudication officer that the question may arise if the person who has submitted it to him submits a claim to a benefit to which this section applies,

the adjudication officer may determine the question.

(5) Different aspects of the same claim or question may be submitted to different adjudication officers; and for that purpose this section and the other provisions of this Part of this Act with respect to the determination of claims and questions shall apply with any necessary modifications.

(6) This section applies to the following benefits—

(a) benefits as defined in section 122 of the Contributions and Benefits Act;

(b) income support;

(c) family credit;

(d) disability working allowance;

(e) any social fund payment such as is mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act;

(f) child benefit;

(g) statutory sick pay; and

(h) statutory maternity pay.

21 Decision of adjudication officer

(1) An adjudication officer to whom a claim or question is submitted under section 20 above (other than a claim which under section 30(12) or (13) or 35(7) below falls to be treated as an application for a review) shall take it into consideration and, so far as practicable, dispose of it, in accordance with this section, and with procedure regulations under section 59 below, within 14 days of its submission to him.

(2) Subject to subsection (3) and section 37 below, the adjudication officer may decide a claim or question himself or refer it to a social security appeal tribunal.

(3) The adjudication officer must decide a claim for or question relating to an attendance allowance, a disability living allowance or a disability working allowance himself.

(4) Where an adjudication officer refers a question as to, or in connection with, entitlement to statutory sick pay or statutory maternity pay to a social security appeal tribunal, the employee and employer concerned shall each be given notice in writing of the reference.

(5) In any other case notice in writing of the reference shall be given to the claimant.

(6) Where—

(a) a case has been referred to a social security appeal tribunal (“the tribunal”); and

(b) the claimant makes a further claim which raises the same or similar questions; and

(c) that further claim is referred to the tribunal by the adjudication officer,

then the tribunal may proceed to determine the further claim whether or not notice has been given under subsection (4) or (5) above.

Appeals from adjudication officers - general

22 Appeal to social security appeal tribunal

(1) Subject to subsection (3) below, where the adjudication officer has decided a claim or question other than a claim or question relating to an attendance allowance, a disability living allowance or a disability working allowance—

(a) if it relates to statutory sick pay or statutory maternity pay, the employee and employer concerned shall each have a right to appeal to a social security appeal tribunal; and

(b) in any other case the claimant shall have a right to do so.

(2) A person with a right of appeal under this section shall be given such notice of a decision falling within subsection (1) above and of that right as may be prescribed.

(3) No appeal lies under this section where—

(a) in connection with the decision of the adjudication officer there has arisen any question which under or by virtue of this Act falls to be determined otherwise than by an adjudication officer; and

(b) the question has been determined; and

(c) the adjudication officer certifies that the decision on that question is the sole ground of his decision.

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

(5) Where an adjudication officer has determined that any amount, other than an amount—

(a) of an attendance allowance;

(b) of a disability living allowance;

(c) of a disability working allowance;

(d) of statutory sick pay; or

(e) of statutory maternity pay,

is recoverable under or by virtue of section 71 or 74 below, any person from whom he has determined that it is recoverable shall have the same right of appeal to a social security appeal tribunal as a claimant.

(6) In any case where—

(a) an adjudication officer has decided any claim or question under Part V of the Contributions and Benefits Act; and

(b) the right to benefit under that Part of that Act of any person other than the claimant is or may be, under Part VI of Schedule 7 to that Act, affected by that decision,

that other person shall have the like right of appeal to a social security appeal tribunal as the claimant.

(7) Subsection (2) above shall apply to a person with a right of appeal under subsection (5) or (6) above as it applies to a claimant.

23 Appeal from social security appeal tribunal to Commissioner

(1) Subject to the provisions of this section, an appeal lies to a Commissioner from any decision of a social security appeal tribunal under section 22 above on the ground that the decision of the tribunal was erroneous in point of law.

(2) In the case of statutory sick pay or statutory maternity pay an appeal lies under this section at the instance of any of the following—

(a) an adjudication officer;

(b) the employee concerned;

(c) the employer concerned;

(d) a trade union, where—

(i) the employee is a member of the union at the time of the appeal and was so immediately before the question at issue arose; or

(ii) the question at issue is a question as to or in connection with entitlement of a deceased person who was at the time of his death a member of the union;

(e) an association of employers of which the employer is a member at the time of the appeal and was so immediately before the question at issue arose.

(3) In any other case an appeal lies under this section at the instance of any of the following—

(a) an adjudication officer;

(b) the claimant;

(c) in any of the cases mentioned in subsection (5) below, a trade union; and

(d) a person from whom it is determined that any amount is recoverable under section 71(1) or 74 below.

(4) In a case relating to industrial injuries benefit an appeal lies under this section at the instance of a person whose right to benefit is, or may be, under Part VI of Schedule 7 to the Contributions and Benefits Act, affected by the decision appealed against, as well as at the instance of any person or body such as is mentioned in subsection (3) above.

(5) The following are the cases in which an appeal lies at the instance of a trade union—

(a) where the claimant is a member of the union at the time of the appeal and was so immediately before the question at issue arose;

(b) where that question in any way relates to a deceased person who was a member of the union at the time of his death;

(c) where the case relates to industrial injuries benefit and the claimant or, in relation to industrial death benefit, the deceased, was a member of the union at the time of the relevant accident.

(6) Subsections (2), (3) and (5) above, as they apply to a trade union, apply also to any other association which exists to promote the interests and welfare of its members.

(7) Where the Commissioner holds that the decision was erroneous in point of law, he shall set it aside and—

(a) he shall have power—

(i) to give the decision which he considers the tribunal should have given, if he can do so without making fresh or further findings of fact; or

(ii) if he considers it expedient, to make such findings and to give such decision as he considers appropriate in the light of them; and

(b) in any other case he shall refer the case to a tribunal with directions for its determination.

(8) Subject to any direction of the Commissioner, the tribunal on a reference under subsection (7)(b) above shall consist of persons who were not members of the tribunal which gave the erroneous decision.

(9) No appeal lies under this section without the leave—

(a) of the person who was the chairman of the tribunal when the decision was given or, in a prescribed case, the leave of some other chairman; or

(b) subject to and in accordance with regulations, of a Commissioner.

(10) Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought and applications made for leave to appeal.

24 Appeal from Commissioners on point of law

(1) Subject to subsections (2) and (3) below, an appeal on a question of law shall lie to the appropriate court from any decision of a Commissioner.

(2) No appeal under this section shall lie from a decision except—

(a) with the leave of the Commissioner who gave the decision or, in a prescribed case, with the leave of a Commissioner selected in accordance with regulations; or

(b) if he refuses leave, with the leave of the appropriate court.

(3) An application for leave under this section in respect of a Commissioner’s decision may only be made by—

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

(b) any other person who was a party to the proceedings in which the first decision mentioned in paragraph (a) above was given;

(c) the Secretary of State, in a case where he is not entitled to apply for leave by virtue of paragraph (a) or (b) above;

(d) any other person who is authorised by regulations to apply for leave;

and regulations may make provision with respect to the manner in which and the time within which applications must be made to a Commissioner for leave under this section and with respect to the procedure for dealing with such applications.

(4) On an application to a Commissioner for leave under this section it shall be the duty of the Commissioner to specify as the appropriate court—

(a) the Court of Appeal if it appears to him that the relevant place is in England or Wales;

(b) the Court of Session if it appears to him that the relevant place is in Scotland; and

(c) the Court of Appeal in Northern Ireland if it appears to him that the relevant place is in Northern Ireland,

except that if it appears to him, having regard to the circumstances of the case and in particular to the convenience of the persons who may be parties to the proposed appeal, that he should specify a different court mentioned in paragraphs (a) to (c) above as the appropriate court, it shall be his duty to specify that court as the appropriate court.

(5) In this section—

• “the appropriate court”, except in subsection (4) above, means the court specified in pursuance of that subsection;

• “the relevant place”, in relation to an application for leave to appeal from a decision of a Commissioner, means the premises where the authority whose decision was the subject of the Commissioner’s decision usually exercises its functions.

(6) The powers to make regulations conferred by this section shall be exercisable by the Lord Chancellor.

Reviews - general

25 Review of decisions

(1) Subject to the following provisions of this section, any decision under this Act of an adjudication officer, a social security appeal tribunal or a Commissioner (other than a decision relating to an attendance allowance, a disability living allowance or a disability working allowance) may be reviewed at any time by an adjudication officer or, on a reference by an adjudication officer, by a social security appeal tribunal, if—

(a) the officer or tribunal is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact; or

(b) there has been any relevant change of circumstances since the decision was given; or

(c) it is anticipated that a relevant change of circumstances will so occur; or

(d) the decision was based on a decision of a question which under or by virtue of this Act falls to be determined otherwise than by an adjudication officer, and the decision of that question is revised; or

(e) the decision falls to be reviewed under section 57(4) or (5) of the Contributions and Benefits Act.

(2) Any decision of an adjudication officer (other than a decision relating to an attendance allowance, a disability living allowance or a disability working allowance) may be reviewed, upon the ground that it was erroneous in point of law, by an adjudication officer or, on a reference from an adjudication officer, by a social security appeal tribunal.

(3) Regulations may provide that a decision may not be reviewed on the ground mentioned in subsection (1)(a) above unless the officer or tribunal is satisfied as mentioned in that paragraph by fresh evidence.

(4) In their application to family credit, subsection (1)(b) and (c) above shall have effect subject to section 128(3) of the Contributions and Benefits Act (change of circumstances not to affect award or rate during specified period).

(5) Where a decision is reviewed on the ground mentioned in subsection (1)(c) above, the decision given on the review—

(a) shall take effect on the day prescribed for that purpose by reference to the date on which the relevant change of circumstances is expected to occur; and

(b) shall be reviewed again if the relevant change of circumstances either does not occur or occurs otherwise than on that date.

26 Procedure for reviews

(1) A question may be raised with a view to a review under section 25 above by means of an application in writing to an adjudication officer, stating the grounds of the application.

(2) On receipt of any such application, the adjudication officer shall proceed to deal with or refer any question arising on it in accordance with sections 21 to 23 above.

(3) Regulations may provide for enabling, or requiring, in prescribed circumstances, a review under section 25 above notwithstanding that no application for a review has been made under subsection (1) above.

27 Reviews under s. 25 - supplementary

(1) Regulations—

(a) may prescribe what are, or are not, relevant changes of circumstances for the purposes of section 25 above; and

(b) may make provision restricting the payment of any benefit, or any increase of benefit, to which a person would, but for this subsection, be entitled by reason of a review in respect of any period before or after the review (whether that period falls wholly or partly before or after the making of the regulations).

(2) Regulations under subsection (1)(b) above shall not restrict the payment to or for a woman of so much of—

(a) any widow’s benefit, any invalidity pension under section 40 of the Contributions and Benefits Act or any Category A or Category B retirement pension; or

(b) any increase of such a benefit or pension,

as falls to be paid by reason of a review which takes place by virtue of section 25(1)(a) or (1)(b) above in consequence of a claim for a widowhood benefit, within the meaning of section 3 above, which is made or treated as made by virtue of that section.

28 Appeals following reviews or refusals to review

A decision given on a review under section 25 above, and a refusal to review a decision under that section, shall be subject to appeal in like manner as an original decision, and sections 21 to 23 above shall, with the necessary modifications, apply in relation to a decision given on such a review as they apply to the original decision of a question.

29 Review after claimant appeals

Where a claimant has appealed against a decision of an adjudication officer and the decision is reviewed by an adjudication officer under section 25 above—

(a) if the adjudication officer considers that the decision which he has made on the review is the same as the decision that would have been made on the appeal had every ground of the claimant’s appeal succeeded, the appeal shall lapse; but

(b) in any other case, the review shall be of no effect and the appeal shall proceed accordingly.

Attendance allowance, disability living allowance and disability working allowance

30 Reviews of decisions of adjudication officers

(1) On an application under this section made within the prescribed period, a decision of an adjudication officer under section 21 above which relates to an attendance allowance, a disability living allowance or a disability working allowance may be reviewed on any ground subject, in the case of disability working allowance, to section 129(6) of the Contributions and Benefits Act.

(2) On an application under this section made after the end of the prescribed period, a decision of an adjudication officer under section 21 above which relates to an attendance allowance or a disability living allowance may be reviewed if—

(a) the adjudication officer is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact; or

(b) there has been any relevant change of circumstances since the decision was given; or

(c) it is anticipated that a relevant change of circumstances will so occur; or

(d) the decision was erroneous in point of law; or

(e) the decision was to make an award for a period wholly or partly after the date on which the claim was made or treated as made but subject to a condition being fulfilled and that condition has not been fulfilled,

but regulations may provide that a decision may not be reviewed on the ground mentioned in paragraph (a) above unless the officer is satisfied as mentioned in that paragraph by fresh evidence.

(3) Regulations may prescribe what are, or are not, relevant changes of circumstances for the purposes of subsection (2)(b) and (c) above.

(4) On an application under this section made after the end of the prescribed period, a decision of an adjudication officer under section 21 above that a person is or was at any time terminally ill for the purposes of section 66(1), 72(5) or 73(12) of the Contributions and Benefits Act may be reviewed if there has been a change of medical opinion with respect to his condition or his reasonable expectation of life.

(5) On an application under this section made after the end of the prescribed period, a decision of an adjudication officer under section 21 above which relates to a disability working allowance may be reviewed if—

(a) the adjudication officer is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact; or

(b) subject to section 129(6) of the Contributions and Benefits Act, there has been any prescribed change of circumstances since the decision was given; or

(c) the decision was erroneous in point of law; or

(d) the decision was to make an award for a period wholly or partly after the date on which the claim was made or treated as made but subject to a condition being fulfilled and that condition has not been fulfilled,

but regulations may provide that a decision may not be reviewed on the ground mentioned in paragraph (a) above unless the officer is satisfied as mentioned in that paragraph by fresh evidence.

(6) The claimant shall be given such notification as may be prescribed of a decision which may be reviewed under this section and of his right to a review under subsection (1) above.

(7) A question may be raised with a view to a review under this section by means of an application made in writing to an adjudication officer stating the grounds of the application and supplying such information and evidence as may be prescribed.

(8) Regulations—

(a) may provide for enabling or requiring, in prescribed circumstances, a review under this section notwithstanding that no application under subsection (7) above has been made; and

(b) if they do so provide, shall specify under which provision of this section a review carried out by virtue of any such regulations falls.

(9) Reviews under this section shall be carried out by adjudication officers.

(10) Different aspects of any question which arises on such a review may be dealt with by different adjudication officers; and for this purpose this section and the other provisions of this Part of this Act which relate to reviews under this section shall apply with any necessary modifications.

(11) If a review is under subsection (1) above, the officer who took the decision under review shall not deal with any question which arises on the review.

(12) Except in prescribed circumstances, where a claim for a disability living allowance in respect of a person already awarded such an allowance by an adjudication officer is made or treated as made during the period for which he has been awarded the allowance, it shall be treated as an application for a review under this section.

(13) Where—

(a) a claim for an attendance allowance, a disability living allowance or a disability working allowance in respect of a person has been refused; and

(b) a further claim for the same allowance is made in respect of him within the period prescribed under subsection (1) above,

the further claim shall be treated as an application for a review under that subsection.

31 Further reviews

(1) Subsections (2), (4) and (5) of section 30 above shall apply to a decision on a review under subsection (1) of that section as they apply to a decision of an adjudication officer under section 21 above but as if the words “made after the end of the prescribed period” were omitted from each subsection.

(2) Subsections (1), (2), (4) and (5) of section 30 above shall apply—

(a) to a decision on a review under subsection (2), (4) or (5) of that section; and

(b) to a refusal to review a decision under subsection (2), (4) or (5) of that section,

as they apply to a decision of an adjudication officer under section 21 above.

(3) The claimant shall be given such notification as may be prescribed—

(a) of a decision on a review under section 30 above;

(b) if the review was under section 30(1), of his right of appeal under section 33 below; and

(c) if it was under section 30(2), (4) or (5), of his right to a further review under section 30(1).

32 Reviews of decisions as to attendance allowance, disability living allowance or disability working allowance - supplementary

(1) An award of an attendance allowance, a disability living allowance or a disability working allowance on a review under section 30 above replaces any award which was the subject of the review.

(2) Where a person who has been awarded a disability living allowance consisting of one component applies or is treated as applying for a review under section 30 above and alleges that he is also entitled to the other component, the adjudication officer need not consider the question of his entitlement to the component which he has already been awarded or the rate of that component.

(3) Where a person who has been awarded a disability living allowance consisting of both components applies or is treated as applying for a review under section 30 above and alleges that he is entitled to one component at a rate higher than that at which it has been awarded, the adjudication officer need not consider the question of his entitlement to the other component or the rate of that component.

(4) Where a person has been awarded a component for life, on a review under section 30 above the adjudication officer shall not consider the question of his entitlement to that component or the rate of that component or the period for which it has been awarded unless—

(a) the person awarded the component expressly applies for the consideration of that question; or

(b) information is available to the adjudication officer which gives him reasonable grounds for believing that entitlement to the component, or entitlement to it at the rate awarded or for that period, ought not to continue.

(5) No decision which relates to an attendance allowance or a disability living allowance shall be reviewed under section 30 above on the ground that the person is or was at any time terminally ill, within the meaning of section 66(2) of the Contributions and Benefits Act, unless an application for review is made expressly on that ground either—

(a) by the person himself; or

(b) by any other person purporting to act on his behalf, whether or not that other person is acting with his knowledge or authority;

and a decision may be so reviewed on such an application, notwithstanding that no claim under section 66(1) or 72(5) or 73(12) of that Act has been made.

(6) Where a decision is reviewed under section 30 above on the ground that it is anticipated that a change of circumstances will occur, the decision given on review—

(a) shall take effect on the day prescribed for that purpose by reference to the date on which the change of circumstances is expected to occur; and

(b) shall be reviewed again if the change of circumstances either does not occur or occurs otherwise than on that date.

(7) Where a claimant has appealed against a decision of an adjudication officer under section 33 below and the decision is reviewed again under section 30(2), (4) or (5) above by an adjudication officer, then—

(a) if the adjudication officer considers that the decision which he has made on the review is the same as the decision that would have been made on the appeal had every ground of the appeal succeeded, then the appeal shall lapse; but

(b) in any other case, the review shall be of no effect and the appeal shall proceed accordingly.

(8) Regulations may make provision restricting the payment of any benefit, or any increase of benefit, to which a person would, but for this subsection, be entitled by reason of a review in respect of any period before or after the review (whether that period falls wholly or partly before or after the making of the regulations).

(9) Where an adjudication officer has determined that any amount paid by way of an attendance allowance, a disability living allowance or a disability working allowance is recoverable under or by virtue of section 71 below, any person from whom he has determined that it is recoverable shall have the same right of review under section 30 above as a claimant.

(10) This Act and the Contributions and Benefits Act shall have effect in relation to a review by virtue of subsection (9) above as if any reference to the claimant were a reference to the person from whom the adjudication officer has determined that the amount in question is recoverable.

33 Appeals following reviews

(1) Where an adjudication officer has given a decision on a review under section 30(1) above, the claimant or such other person as may be prescribed may appeal—

(a) in prescribed cases, to a disability appeal tribunal; and

(b) in any other case, to a social security appeal tribunal.

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

(3) An award on an appeal under this section replaces any award which was the subject of the appeal.

(4) Where a person who has been awarded a disability living allowance consisting of one component alleges on an appeal that he is also entitled to the other component, the tribunal need not consider the question of his entitlement to the component which he has already been awarded or the rate of that component.

(5) Where a person who has been awarded a disability living allowance consisting of both components alleges on an appeal that he is entitled to one component at a rate higher than that at which it has been awarded, the tribunal need not consider the question of his entitlement to the other component or the rate of that component.

(6) The tribunal shall not consider—

(a) a person’s entitlement to a component which has been awarded for life; or

(b) the rate of a component so awarded; or

(c) the period for which a component has been so awarded,

unless—

(i) the appeal expressly raises that question; or

(ii) information is available to the tribunal which gives it reasonable grounds for believing that entitlement to the component, or entitlement to it at the rate awarded or for that period, ought not to continue.

34 Appeal from social security appeal tribunals or disability appeal tribunals to Commissioners and appeals from Commissioners

(1) Subject to the provisions of this section, an appeal lies to a Commissioner from any decision of a social security appeal tribunal or disability appeal tribunal under section 33 above on the ground that the decision of the tribunal was erroneous in point of law.

(2) An appeal lies under this section at the instance of any of the following—

(a) an adjudication officer;

(b) the claimant;

(c) a trade union—

(i) where the claimant is a member of the union at the time of the appeal and was so immediately before the question at issue arose;

(ii) where that question in any way relates to a deceased person who was a member of the union at the time of his death; and

(d) a person from whom it is determined that any amount is recoverable under section 71(1) below.

(3) Subsection (2) above, as it applies to a trade union, applies also to any other association which exists to promote the interests and welfare of its members.

(4) Subsections (7) to (10) of section 23 above have effect for the purposes of this section as they have effect for the purposes of that section.

(5) Section 24 above applies to a decision of a Commissioner under this section as it applies to a decision of a Commissioner under section 23 above.

35 Reviews of decisions on appeal

(1) Any decision under this Act of a social security appeal tribunal, a disability appeal tribunal or a Commissioner which relates to an attendance allowance or a disability living allowance may be reviewed at any time by an adjudication officer if—

(a) he is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact; or

(b) there has been any relevant change of circumstances since the decision was given; or

(c) it is anticipated that a relevant change of circumstances will so occur; or

(d) the decision was that a person is or was at any time terminally ill for the purposes of section 66(1), 72(5) or 73(12) of the Contributions and Benefits Act and there has been a change of medical opinion with respect to his condition or his reasonable expectation of life; or

(e) the decision was to make an award for a period wholly or partly after the date on which the claim was made or treated as made but subject to a condition being fulfilled and that condition has not been fulfilled,

but regulations may provide that a decision may not be reviewed on the ground mentioned in paragraph (a) above unless the officer is satisfied as mentioned in that paragraph by fresh evidence.

(2) Regulations may prescribe what are, or are not, relevant changes of circumstances for the purposes of subsection (1)(b) and (c) above.

(3) Any decision under this Act of a social security appeal tribunal, a disability appeal tribunal or a Commissioner which relates to a disability working allowance may be reviewed at any time by an adjudication officer if—

(a) he is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact; or

(b) subject to section 129(7) of the Contributions and Benefits Act, there has been any prescribed change of circumstances since the decision was given; or

(c) the decision was to make an award for a period wholly or partly after the date on which the claim was made or treated as made but subject to a condition being fulfilled and that condition has not been fulfilled,

but regulations may provide that a decision may not be reviewed on the ground mentioned in paragraph (a) above unless the officer is satisfied as mentioned in that paragraph by fresh evidence.

(4) A question may be raised with a view to a review under this section by means of an application made in writing to an adjudication officer, stating the grounds of the application and supplying such information and evidence as may be prescribed.

(5) Regulations may provide for enabling or requiring, in prescribed circumstances, a review under this section notwithstanding that no application for a review has been made under subsection (4) above.

(6) Reviews under this section shall be carried out by adjudication officers.

(7) Except in prescribed circumstances, where a claim for a disability living allowance in respect of a person already awarded such an allowance on an appeal is made or treated as made during the period for which he has been awarded the allowance, it shall be treated as an application for a review under this section.

(8) Subsections (1), (2), (4) and (5) of section 30 above shall apply—

(a) to a decision on a review under this section; and

(b) to a refusal to review a decision such as is mentioned in subsection (1) above,

as they apply to a decision of an adjudication officer under section 21 above.

(9) The person whose claim was the subject of the appeal the decision on which has been reviewed under this section shall be given such notification as may be prescribed—

(a) of the decision on the review; and

(b) of his right to a further review under section 30(1) above.

(10) Regulations may make provision restricting the payment of any benefit, or any increase of benefit, to what a person would, but for this subsection, be entitled by reason of a review in respect of any period before or after the review (whether that period falls wholly or partly before or after the making of the regulations).

(11) Where a decision is reviewed on the ground mentioned in subsection (1)(c) above, the decision given on the review—

(a) shall take effect on the day prescribed for that purpose by reference to the date on which the relevant change of circumstances is expected to occur; and

(b) shall be reviewed again if the relevant change of circumstances either does not occur or occurs otherwise than on that date.

(12) Section 30(10) above and section 32(1) to (5) above shall apply in relation to a review under this section as they apply to a review under section 30 above.

Questions first arising on appeal

36 Questions first arising on appeal

(1) Where a question which but for this section would fall to be determined by an adjudication officer first arises in the course of an appeal to a social security appeal tribunal, a disability appeal tribunal or a Commissioner, the tribunal, subject to subsection (2) below, or the Commissioner may, if they or he think fit, proceed to determine the question notwithstanding that it has not been considered by an adjudication officer.

(2) A social security appeal tribunal may not determine a question by virtue of subsection (1) above if an appeal in relation to such a question would have lain to a disability appeal tribunal.

Reference of special questions

37 Reference of special questions

(1) Subject to subsection (2) below—

(a) if on consideration of any claim or question an adjudication officer is of opinion that there arises any question which under or by virtue of this Act falls to be determined otherwise than by an adjudication officer, he shall refer the question for such determination; and

(b) if on consideration of any claim or question a social security appeal tribunal or Commissioner is of opinion that any such question arises, the tribunal or Commissioner shall direct it to be referred by an adjudication officer for such determination.

(2) The person or tribunal making or directing the reference shall then deal with any other question as if the referred question had not arisen.

(3) The adjudication officer, tribunal or Commissioner may—

(a) postpone the reference of, or dealing with, any question until other questions have been determined;

(b) in cases where the determination of any question disposes of a claim or any part of it, make an award or decide that an award cannot be made, as to the claim or that part of it, without referring or dealing with, or before the determination of, any other question.

Adjudication officers and the Chief Adjudication Officer

38 Adjudication officers

(1) Adjudication officers shall be appointed by the Secretary of State, subject to the consent of the Treasury as to number, and may include—

(a) officers of the Department of Employment appointed with the concurrence of the Secretary of State in charge of that Department; or

(b) officers of the Northern Ireland Department appointed with the concurrence of that Department.

(2) An adjudication officer may be appointed to perform all the functions of adjudication officers under any enactment or such functions of such officers as may be specified in his instrument of appointment.

39 The Chief Adjudication Officer

(1) The Secretary of State shall appoint a Chief Adjudication Officer.

(2) It shall be the duty of the Chief Adjudication Officer to advise adjudication officers on the performance of their functions under this or any other Act.

(3) The Chief Adjudication Officer shall keep under review the operation of the system of adjudication by adjudication officers and matters connected with the operation of that system.

(4) The Chief Adjudication Officer shall report annually in writing to the Secretary of State on the standards of adjudication and the Secretary of State shall publish his report.

Social security appeal tribunals

40 Panels for appointment to social security appeal tribunals

(1) The President shall constitute for the whole of Great Britain, to act for such areas as he thinks fit and be composed of such persons as he thinks fit to appoint, panels of persons to act as members of social security appeal tribunals.

(2) The panel for an area shall be composed of persons appearing to the President to have knowledge or experience of conditions in the area and to be representative of persons living or working in the area.

(3) Before appointing members of a panel, the President shall take into consideration any recommendations from such organisations or persons as he considers appropriate.

(4) The members of the panels shall hold office for such period as the President may direct, but the President may at any time terminate the appointment of any member of a panel.

41 Constitution of social security appeal tribunals

(1) A social security appeal tribunal shall consist of a chairman and two other persons.

(2) The members other than the chairman shall be drawn from the appropriate panel constituted under section 40 above.

(3) The President shall nominate the chairman.

(4) The President may nominate as chairman—

(a) himself;

(b) one of the full-time chairmen appointed under section 51(1) below; or

(c) a person drawn from the panel appointed by the Lord Chancellor or, as the case may be, the Lord President of the Court of Session under section 7 of the [1971 c. 62.] Tribunals and Inquiries Act 1971.

(5) No person shall be appointed chairman of a tribunal under subsection (4)(c) above unless he has a 5 year general qualification or he is an advocate or solicitor in Scotland of at least 5 years' standing.

(6) If practicable, at least one of the members of the appeal tribunal hearing a case shall be of the same sex as the claimant.

(7) Schedule 2 to this Act shall have effect for supplementing this section.

Disability appeal tribunals

42 Panels for appointment to disability appeal tribunals

(1) The President shall constitute for the whole of Great Britain, to act for such areas as he thinks fit and be composed of such persons as he thinks fit to appoint, panels of persons to act as members of disability appeal tribunals.

(2) There shall be two panels for each area.

(3) One panel shall be composed of medical practitioners.

(4) The other shall be composed of persons who are experienced in dealing with the needs of disabled persons—

(a) in a professional or voluntary capacity; or

(b) because they are themselves disabled,

but may not include medical practitioners.

(5) In considering the appointment of members of the panels the President shall have regard to the desirability of appointing disabled persons.

(6) Before appointing members of a panel, the President shall take into consideration any recommendations from such organisations or persons as he considers appropriate.

(7) The members of the panels shall hold office for such periods as the President may direct, but the President may at any time terminate the appointment of any member of a panel.

43 Constitution of disability appeal tribunals

(1) A disability appeal tribunal shall consist of a chairman and two other persons.

(2) Of the members of a tribunal other than the chairman, one shall be drawn from the panel mentioned in subsection (3) of section 42 above.

(3) The other shall be drawn from the panel mentioned in subsection (4) of that section.

(4) The President shall nominate the chairman.

(5) The President may nominate as chairman—

(a) himself;

(b) one of the full-time chairmen appointed under section 51(1) below; or

(c) a person drawn from the panel appointed by the Lord Chancellor or, as the case may be, the Lord President of the Court of Session under section 7 of the [1971 c. 62.] Tribunals and Inquiries Act 1971.

(6) No person shall be appointed chairman of a tribunal under subsection (5)(c) above unless he has a 5 year general qualification or he is an advocate or solicitor in Scotland of at least 5 years' standing.

(7) In summoning members of a panel to serve on a tribunal, the clerk to the tribunal shall have regard to the desirability of at least one of the members of the tribunal being a disabled person.

(8) If practicable, at least one of the members of the tribunal shall be of the same sex as the claimant.

(9) Schedule 2 to this Act shall have effect for supplementing this section.

Adjudication in relation to industrial injuries and disablement benefit

44 Declaration that accident is an industrial accident

(1) Where, in connection with any claim for industrial injuries benefit, it is determined that the relevant accident was or was not an industrial accident, an express declaration of that fact shall be made and recorded and (subject to subsection (3) below) a claimant shall be entitled to have the question whether the relevant accident was an industrial accident determined notwithstanding that his claim is disallowed on other grounds.

(2) Subject to subsection (3) below and to section 60 below, any person suffering personal injury by accident shall be entitled, if he claims the accident was an industrial accident, to have that question determined, and a declaration made and recorded accordingly, notwithstanding that no claim for benefit has been made in connection with which the question arises; and this Part of this Act applies for that purpose as if the question had arisen in connection with a claim for benefit.

(3) The adjudication officer, social security appeal tribunal or Commissioner (as the case may be) may refuse to determine the question whether an accident was an industrial accident if satisfied that it is unlikely to be necessary to determine the question for the purposes of any claim for benefit; but any such refusal of an adjudication officer or social security appeal tribunal shall be subject to appeal to a social security appeal tribunal or Commissioner, as the case may be.

(4) Subject to the provisions of this Part of this Act as to appeal and review, any declaration under this section that an accident was or was not an industrial accident shall be conclusive for the purposes of any claim for industrial injuries benefit in respect of that accident.

(5) Where subsection (4) above applies—

(a) in relation to a death occurring before 11th April 1988; or

(b) for the purposes of section 60(2) of the Contributions and Benefits Act,

it shall have effect as if at the end there were added the words “whether or not the claimant is the person at whose instance the declaration was made”.

(6) For the purposes of this section (but subject to section 60(3) below), an accident whereby a person suffers personal injury shall be deemed, in relation to him, to be an industrial accident if—

(a) it arises out of and in the course of his employment;

(b) that employment is employed earner’s employment for the purposes of Part V of the Contributions and Benefits Act;

(c) payment of benefit is not under section 94(5) of that Act precluded because the accident happened while he was outside Great Britain.

(7) A decision under this section shall be final except that sections 25 to 29 above apply to a decision under this section that an accident was or was not an industrial accident as they apply to a decision under sections 21 to 23 above if, but only if, the adjudication officer or social security appeal tribunal, as the case may be, is satisfied that the decision under this section was given in consequence of any wilful non-disclosure or misrepresentation of a material fact.

45 Disablement questions

(1) In relation to industrial injuries benefit and severe disablement allowance, the “disablement questions” are the questions—

(a) in relation to industrial injuries benefit, whether the relevant accident has resulted in a loss of faculty;

(b) in relation to both benefits, at what degree the extent of disablement resulting from a loss of faculty is to be assessed, and what period is to be taken into account by the assessment;

but questions relating to the aggregation of percentages of disablement resulting from different accidents are not disablement questions (and accordingly fall to be determined by an adjudication officer).

(2) Subject to and in accordance with regulations, the disablement questions shall be referred to and determined—

(a) by an adjudicating medical practitioner; or

(b) by two or more adjudicating medical practitioners; or

(c) by a medical appeal tribunal; or

(d) in such cases relating to severe disablement allowance as may be prescribed, by an adjudication officer.

(3) Where—

(a) the case of a claimant for disablement benefit has been referred by the adjudication officer to one or more adjudicating medical practitioners for determination of the disablement questions; and

(b) on that or any subsequent reference, the extent of the disablement is provisionally assessed,

the case shall again be referred under this section, to one or more adjudicating medical practitioners as regulations may provide for the purposes of such subsequent references, not later than the end of the period taken into account by the provisional assessment.

(4) Where, in the case of a claimant for disablement benefit, the extent of any disablement of his resulting from an aggregable accident (that is to say, an accident other than the one which is the basis of the claim in question) has been assessed in accordance with paragraph 6(3) of Schedule 6 to the Contributions and Benefits Act at less than 14 per cent., then—

(a) the adjudication officer may refer the disablement questions relating to the aggregable accident to one or more adjudicating medical practitioners for fresh determination; and

(b) on any such reference—

(i) those questions shall be determined as at the first day of the common period; and

(ii) the period to be taken into account shall be the period beginning with that day.

(5) In subsection (4) above “the first day of the common period” means whichever is the later of—

(a) the first day of the period taken into account by the assessment of the extent of the claimant’s disablement resulting from the accident which is the basis of the claim in question;

(b) the first day of the period taken into account by the assessment of the extent of his disablement resulting from the aggregable accident.

(6) In the following provisions of this Act “adjudicating medical practitioner” means, in relation to any case, one such practitioner, unless regulations applicable to cases of that description provide for references to more than one.

46 Medical appeals and references

(1) This section has effect where the case of a claimant for disablement benefit or severe disablement allowance has been referred by the adjudication officer to an adjudicating medical practitioner for determination of the disablement questions.

(2) Subject to subsection (3) below, if the claimant is dissatisfied with the decision of the adjudicating medical practitioner, he may appeal in the prescribed manner and within the prescribed time, and the case shall be referred to a medical appeal tribunal.

(3) If—

(a) the Secretary of State notifies the adjudication officer within the prescribed time that he is of the opinion that any decision of the adjudicating medical practitioner ought to be considered by a medical appeal tribunal; or

(b) the adjudication officer is of the opinion that any such decision ought to be so considered,

the adjudication officer shall refer the case to a medical appeal tribunal for their consideration, and the tribunal may confirm, reverse or vary the decision in whole or in part as on an appeal.

47 Review of medical decisions

(1) Any decision under this Act of an adjudicating medical practitioner or a medical appeal tribunal may be reviewed at any time by an adjudicating medical practitioner if satisfied that the decision was given in ignorance of a material fact or was based on a mistake as to a material fact.

(2) Any decision under this Act of an adjudicating medical practitioner may be reviewed at any time by such a practitioner if he is satisfied that the decision was erroneous in point of law.

(3) Regulations may provide that a decision may not be reviewed under subsection (1) above unless the adjudicating medical practitioner is satisfied as mentioned in that subsection by fresh evidence.

(4) Any assessment of the extent of the disablement resulting from the relevant loss of faculty may also be reviewed by an adjudicating medical practitioner if he is satisfied that since the making of the assessment there has been an unforeseen aggravation of the results of the relevant injury.

(5) Where in connection with a claim for disablement benefit made after 25th August 1953 it is decided that the relevant accident has not resulted in a loss of faculty, the decision—

(a) may be reviewed under subsection (4) above as if it were an assessment of the extent of disablement resulting from a relevant loss of faculty; but

(b) subject to any further decision on appeal or review, shall be treated as deciding the question whether the relevant accident had so resulted both for the time about which the decision was given and for any subsequent time.

(6) For the purposes of subsection (5) above, a final assessment of the extent of the disablement resulting from a loss of faculty made for a period limited by reference to a definite date shall be treated as deciding that at that date the relevant accident had not resulted in a loss of faculty.

(7) An assessment made, confirmed or varied by a medical appeal tribunal shall not be reviewed under subsection (4) above without the leave of a medical appeal tribunal, and (notwithstanding the provisions of Part V of the Contributions and Benefits Act) on a review under that subsection the period to be taken into account by any revised assessment shall only include a period before the date of the application for the review if and in so far as regulations so provide.

(8) Subject to the foregoing provisions of this section, an adjudicating medical practitioner may deal with a case on a review in any manner in which he could deal with it on an original reference to him, and in particular may in any case relating to disablement benefit make a provisional assessment notwithstanding that the assessment under review was final.

(9) Section 46 above applies to an application for a review under this section and to a decision of an adjudicating medical practitioner in connection with such an application as it applies to an original claim for disablement benefit or severe disablement allowance, as the case may be, and to a decision of an adjudicating medical practitioner in connection with such a claim.

(10) In subsection (6) above the reference to a final assessment does not include an assessment made for the purpose of section 12(1)(a) or (b) of the [1946 c. 62.] National Insurance (Industrial Injuries) Act 1946 as originally enacted and having the effect that benefit is not payable.

48 Appeal etc. on question of law to Commissioner

(1) Subject to this section, an appeal lies to a Commissioner from any decision of a medical appeal tribunal (if given after 27th September 1959) on the ground that the decision is erroneous in point of law, at the instance of—

(a) an adjudication officer;

(b) the claimant;

(c) a trade union of which the claimant was a member at the time of the relevant accident or, in a case relating to severe disablement allowance, at the prescribed time; or

(d) the Secretary of State.

(2) Subsection (1) above, as it applies to a trade union, applies also to any other association which exists to promote the interests and welfare of its members.

(3) No appeal lies under subsection (1) above without the leave—

(a) of the person who was the chairman of the medical appeal tribunal when the decision was given or, in a prescribed case, the leave of some other chairman of a medical appeal tribunal; or

(b) subject to and in accordance with regulations, of a Commissioner,

and regulations may make provision as to the manner in which, and the time within which, appeals are to be brought and applications made for leave to appeal.

(4) On any such appeal, the question of law arising for the decision of the Commissioner and the facts on which it arises shall be submitted for his consideration in the prescribed manner.

(5) Where the Commissioner holds that the decision was erroneous in point of law, he shall set it aside and refer the case to a medical appeal tribunal with directions for its determination.

(6) Subject to any direction of the Commissioner, the tribunal on a reference under subsection (5) above shall consist of persons who were not members of the tribunal which gave the erroneous decision.

Adjudicating medical practitioners and medical appeal tribunals

49 Adjudicating medical practitioners

(1) Adjudicating medical practitioners shall be appointed by the Secretary of State.

(2) Subject to subsection (1) above, their appointment shall be determined by regulations.

50 Constitution of medical appeal tribunals

(1) A medical appeal tribunal shall consist of a chairman and two other persons.

(2) The members other than the chairman shall be medical practitioners appointed by the President after consultation with such academic medical bodies as appear to him to be appropriate.

(3) The President shall nominate the chairman.

(4) The President may nominate as chairman—

(a) himself;

(b) one of the full-time chairmen appointed under section 51(1) below; or

(c) a person drawn from the panel appointed by the Lord Chancellor or, as the case may be, the Lord President of the Court of Session under section 7 of the [1971 c. 62.] Tribunals and Inquiries Act 1971.

(5) No person shall be appointed chairman of a tribunal under subsection (4)(c) above unless he has a 5 year general qualification, or he is an advocate or solicitor in Scotland of at least 5 years' standing.

(6) Subject to subsections (1) to (5) above, the constitution of medical appeal tribunals shall be determined by regulations.

(7) Schedule 2 to this Act shall have effect for supplementing this section.

The President and full-time chairmen of tribunals

51 The President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals and regional chairmen and other full-time chairmen

(1) The Lord Chancellor may, after consultation with the Lord Advocate, appoint—

(a) a President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals; and

(b) regional and other full-time chairmen of such tribunals.

(2) A person is qualified to be appointed President if he has a 10 year general qualification or he is an advocate or solicitor in Scotland of at least 10 years' standing.

(3) A person is qualified to be appointed a full-time chairman if he has a 5 year general qualification or he is an advocate or solicitor in Scotland of at least 5 years' standing.

(4) Schedule 2 to this Act shall have effect for supplementing this section.

Social Security Commissioners

52 Appointment of Commissioners

(1) Her Majesty may from time to time appoint, from among persons who have a 10 year general qualification or advocates or solicitors in Scotland of at least 10 years' standing—

(a) a Chief Social Security Commissioner; and

(b) such number of other Social Security Commissioners as Her Majesty thinks fit.

(2) If the Lord Chancellor considers that, in order to facilitate the disposal of the business of Social Security Commissioners, he should make an appointment in pursuance of this subsection, he may appoint—

(a) a person who has a 10 year general qualification; or

(b) an advocate or solicitor in Scotland of at least 10 years' standing; or

(c) a member of the bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years' standing,

to be a Social Security Commissioner (but to be known as a deputy Commissioner) for such period or on such occasions as the Lord Chancellor thinks fit.

(3) When the Lord Chancellor proposes to exercise the power conferred on him by subsection (2) above, it shall be his duty to consult the Lord Advocate with respect to the proposal.

(4) Schedule 2 to this Act shall have effect for supplementing this section.

References by authorities

53 Power of adjudicating authorities to refer matters to experts

(1) An authority to which this section applies may refer any question of special difficulty arising for decision by the authority to one or more experts for examination and report.

(2) The authorities to which this section applies are—

(a) an adjudication officer;

(b) an adjudicating medical practitioner, or two or more such practitioners acting together;

(c) a specially qualified adjudicating medical practitioner appointed by virtue of section 62 below, or two or more such practitioners acting together;

(d) a social security appeal tribunal;

(e) a disability appeal tribunal;

(f) a medical appeal tribunal;

(g) a Commissioner;

(h) the Secretary of State.

(3) Regulations may prescribe cases in which a Commissioner shall not exercise the power conferred by subsection (1) above.

(4) In this section “expert” means a person appearing to the authority to have knowledge or experience which would be relevant in determining the question of special difficulty.

54 Claims relating to attendance allowance, disability living allowance and disability working allowance

(1) Before a claim for an attendance allowance, a disability living allowance or a disability working allowance or any question relating to such an allowance is submitted to an adjudication officer under section 20 above the Secretary of State may refer the person in respect of whom the claim is made or the question is raised to a medical practitioner for such examination and report as appears to him to be necessary—

(a) for the purpose of providing the adjudication officer with information for use in determining the claim or question; or

(b) for the purpose of general monitoring of claims for attendance allowances, disability living allowances and disability working allowances.

(2) An adjudication officer may refer—

(a) a person in respect of whom such a claim is made or such a question is raised;

(b) a person who has applied or is treated as having applied for a review under section 30 or 35 above,

to a medical practitioner for such examination and report as appears to the adjudication officer to be needed to enable him to reach a decision on the claim or question or the matter under review.

(3) The Secretary of State may direct adjudication officers to refer for advice to a medical practitioner who is an officer of the Secretary of State any case falling within a specified class of cases relating to attendance allowance or disability living allowance, and an adjudication officer may refer for advice any case relating to attendance allowance or disability living allowance to such a medical practitioner without such a direction.

(4) An adjudication officer may refer for advice any case relating to disability working allowance to such a medical practitioner.

(5) A medical practitioner who is an officer of the Secretary of State and to whom a case or question relating to an attendance allowance or a disability living allowance is referred under section 53 above or subsection (3) above may refer the case or question to the Disability Living Allowance Advisory Board for advice.

(6) Such a medical practitioner may obtain information about such a case or question from another medical practitioner.

(7) A medical practitioner who is an officer of the Secretary of State and to whom a question relating to disability working allowance is referred under section 53 above may obtain information about it from another medical practitioner.

(8) Where—

(a) the Secretary of State has exercised the power conferred on him by subsection (1) above or an adjudication officer has exercised the power conferred on him by subsection (2) above; and

(b) the medical practitioner requests the person referred to him to attend for or submit himself to medical examination; but

(c) he fails without good cause to do so,

the adjudication officer shall decide the claim or question or matter under review against him.

55 Medical examination etc. in relation to appeals to disability appeal tribunals

(1) Where an appeal has been brought under section 33(1)(a) above, a person who may be nominated as chairman of a disability appeal tribunal may, if prescribed conditions are satisfied, refer the claimant to a medical practitioner for such examination and report as appears to him to be necessary for the purpose of providing a disability appeal tribunal with information for use in determining the appeal.

(2) At a hearing before a disability appeal tribunal, except in prescribed circumstances, the tribunal—

(a) may not carry out a physical examination of the claimant; and

(b) may not require the claimant to undergo any physical test for the purpose of determining whether he satisfies the condition mentioned in section 73(1)(a) of the Contributions and Benefits Act.

Determination of questions of special difficulty

56 Assessors

(1) Where it appears to an authority to which this section applies that a matter before the authority involves a question of fact of special difficulty, then, unless regulations otherwise provide, the authority may direct that in dealing with that matter they shall have the assistance of one or more assessors.

(2) The authorities to which this section applies are—

(a) two or more adjudicating medical practitioners acting together;

(b) two or more specially qualified adjudicating medical practitioners, appointed by virtue of section 62 below, acting together;

(c) a social security appeal tribunal;

(d) a disability appeal tribunal;

(e) a medical appeal tribunal;

(f) a Commissioner;

(g) the Secretary of State.

57 Tribunal of three Commissioners

(1) If it appears to the Chief Social Security Commissioner (or, in the case of his inability to act, to such other of the Commissioners as he may have nominated to act for the purpose) that an appeal falling to be heard by one of the Commissioners involves a question of law of special difficulty, he may direct that the appeal be dealt with, not by that Commissioner alone, but by a Tribunal consisting of any 3 of the Commissioners.

(2) If the decision of the Tribunal is not unanimous, the decision of the majority shall be the decision of the Tribunal.

Regulations

58 Regulations as to determination of questions and matters arising out of, or pending, reviews and appeals

(1) Subject to the provisions of this Act, provision may be made by regulations for the determination—

(a) by the Secretary of State; or

(b) by a person or tribunal appointed or constituted in accordance with the regulations,

of any question arising under or in connection with the Contributions and Benefits Act or the former legislation, including a claim for benefit.

(2) In this section “the former legislation” means the National Insurance Acts 1965 to 1974 and the National Insurance (Industrial Injuries) Acts 1965 to 1974 and the 1975 Act and Part II of the 1986 Act.

(3) Regulations under subsection (1) above may modify, add to or exclude any provisions of this Part of this Act, so far as relating to any questions to which the regulations relate.

(4) It is hereby declared for the avoidance of doubt that the power to make regulations under subsection (1) above includes power to make regulations for the determination of any question arising as to the total or partial recoupment of unemployment benefit in pursuance of regulations under section 132 of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 (including any decision as to the amount of benefit).

(5) Regulations under subsection (1) above may provide for the review by the Secretary of State of decisions on questions determined by him.

(6) The Lord Chancellor may by regulations provide—

(a) for officers authorised—

(i) by the Lord Chancellor; or

(ii) in Scotland, by the Secretary of State,

to determine any question which is determinable by a Commissioner and which does not involve the determination of any appeal, application for leave to appeal or reference;

(b) for the procedure to be followed by any such officer in determining any such question;

(c) for the manner in which determinations of such questions by such officers may be called in question.

(7) A determination which would have the effect of preventing an appeal, application for leave to appeal or reference being determined by a Commissioner is not a determination of the appeal, application or reference for the purposes of subsection (6) above.

(8) Regulations under subsection (1) above may provide—

(a) for the reference to the High Court or, in Scotland, the Court of Session for decision of any question of law arising in connection with the determination of a question by the Secretary of State; and

(b) for appeals to the High Court or Court of Session from the decision of the Secretary of State on any such question of law;

and subsections (5) to (7) of section 18 above shall apply to a reference or appeal under this subsection as they apply to a reference or appeal under subsections (1) to (3) of that section.

59 Procedure

(1) Regulations (in this section referred to as “procedure regulations”) may make any such provision as is specified in Schedule 3 to this Act.

(2) Procedure regulations may deal differently with claims and questions relating to—

(a) benefit under Parts II to IV of the Contributions and Benefits Act;

(b) industrial injuries benefit;

(c) each of the other benefits to which section 20 above applies.

(3) At any inquiry held by virtue of procedure regulations the witnesses shall, if the person holding the inquiry thinks fit, be examined on oath; and the person holding the inquiry shall have power to administer oaths for that purpose.

(4) In proceedings for the determination of a question mentioned in section 17(1)(c) above (including proceedings on an inquiry)—

(a) in England and Wales, there shall be available to a witness (other than the person who is liable, or alleged to be liable, to pay the Class 1A contribution in question) any privilege against self-incrimination or incrimination of a spouse which is available to a witness in legal proceedings; and

(b) in Scotland, section 3 of the [1853 c. 20.] Evidence (Scotland) Act 1853 (competence and compellability of witnesses) shall apply as it applies to civil proceedings.

(5) Procedure regulations prescribing the procedure to be followed in cases before a Commissioner shall provide that any hearing shall be in public except in so far as the Commissioner for special reasons otherwise directs.

(6) It is hereby declared—

(a) that the power to prescribe procedure includes power to make provision as to the representation of one person, at any hearing of a case, by another person whether having professional qualifications or not; and

(b) that the power to provide for the manner in which questions arising for determination by the Secretary of State are to be raised includes power to make provision with respect to the formulation of any such questions, whether arising on a reference under section 117 below or otherwise.

(7) Except so far as it may be applied in relation to England and Wales by procedure regulations, the [1950 c. 27.] Arbitration Act 1950 shall not apply to any proceedings under this Part of this Act.

60 Finality of decisions

(1) Subject to the provisions of this Part of this Act, the decision of any claim or question in accordance with the foregoing provisions of this Part of this Act shall be final; and subject to the provisions of any regulations under section 58 above, the decision of any claim or question in accordance with those regulations shall be final.

(2) Subsection (1) above shall not make any finding of fact or other determination embodied in or necessary to a decision, or on which it is based, conclusive for the purpose of any further decision.

(3) A decision (given under subsection (2) of section 44 above or otherwise) that an accident was an industrial accident is to be taken as determining only that paragraphs (a), (b) and (c) of subsection (5) of that section are satisfied in relation to the accident, and neither any such decision nor the reference to an adjudicating medical practitioner or a medical appeal tribunal under section 45 above of the disablement questions in connection with any claim to or award of disablement benefit is to be taken as importing a decision as to the origin of any injury or disability suffered by the claimant, whether or not there is an event identifiable as an accident apart from any injury that may have been received; but—

(a) a decision that on a particular occasion when there was no such event a person had an industrial accident by reason of an injury shall be treated as a decision that, if the injury was suffered by accident on that occasion, the accident was an industrial accident; and

(b) a decision that an accident was an industrial accident may be given, and a declaration to that effect be made and recorded in accordance with section 44 above, without its having been found that personal injury resulted from the accident (saving always the discretion under subsection (3) of that section to refuse to determine the question if it is unlikely to be necessary for the purposes of a claim for benefit).

(4) Notwithstanding anything in subsection (2) or (3) above (but subject to the provisions of this Part of this Act as to appeal and review), where for purposes of disablement pension or disablement gratuity in respect of an accident it has been found by an adjudicating medical practitioner or a medical appeal tribunal, on the determination or last determination of the disablement questions, that an injury resulted in whole or in part from the accident, then for purposes of industrial death benefit in respect of that accident the finding shall be conclusive that the injury did so result.

(5) Subsections (2) to (4) above shall apply as regards the effect to be given in any proceedings to any decision, or to a reference under section 45 above, whether the decision was given or reference made or the proceedings were commenced before or after the passing of the [1972 c. 57.] National Insurance Act 1972 (section 5 of which originally contained the provisions contained in this section), except that it shall not affect the determination of any appeal under section 48 above from a decision of a medical appeal tribunal given before the passing of that Act, nor affect any proceedings consequent on such an appeal from a decision so given; and accordingly—

(a) any decision given before the passing of that Act that a claimant was not entitled to industrial death benefit may be reviewed in accordance with this Part of this Act to give effect to subsection (4) above; and

(b) the references in subsections (2) and (3) above to provisions of this Act, and the reference in this subsection to section 45 above shall (so far as necessary) include the corresponding provisions of previous Acts.

61 Regulations about supplementary matters relating to determinations

(1) Regulations may make provision as respects matters arising—

(a) pending the determination under this Act (whether in the first instance or on an appeal or reference, and whether originally or on review)—

(i) of any claim for benefit to which this section applies; or

(ii) of any question affecting any person’s right to such benefit or its receipt; or

(iii) of any person’s liability for contributions under Part I of the Contributions and Benefits Act; or

(b) out of the revision on appeal or review of any decision under this Act on any such claim or question.

(2) Without prejudice to the generality of subsection (1) above, regulations under that subsection may include provision as to the date from which any decision on a review is to have effect or to be deemed to have had effect.

(3) Regulations under subsection (1) above as it applies to child benefit may include provision as to the date from which child benefit is to be payable to a person in respect of a child in a case where, before the benefit was awarded to that person, child benefit in respect of the child was awarded to another person.

(4) This section applies—

(a) to benefit as defined in section 122 of the Contributions and Benefits Act;

(b) to child benefit;

(c) to statutory sick pay;

(d) to statutory maternity pay;

(e) to income support;

(f) to family credit;

(g) to disability working allowance; and

(h) to any social fund payments such as are mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act.

Industrial diseases

62 Adjudication as to industrial diseases

(1) Regulations shall provide for applying, in relation—

(a) to claims for benefit under sections 108 to 110 of the Contributions and Benefits Act; and

(b) to questions arising in connection with such claims or with awards of such benefit,

the provisions of this Part of this Act subject to any prescribed additions or modifications.

(2) Regulations for those purposes may in particular provide—

(a) for the appointment of specially qualified adjudicating medical practitioners and the appointment of medical officers for the purposes of the regulations (which shall be taken to include, in the case of specially qualified adjudicating medical practitioners, the purposes for which adjudicating medical practitioners are appointed and medical appeal tribunals are established); and

(b) for the payment by the prescribed persons of fees of the prescribed amount in connection with any medical examination by specially qualified adjudicating medical practitioners or any such officer and their return in any prescribed cases, and (so far as not required to be returned) their payment into the National Insurance Fund and recovery as sums due to that Fund.

Housing benefit and community charge benefits

63 Adjudication

(1) Regulations shall provide that, where a person has claimed—

(a) housing benefit; or

(b) a community charge benefit as regards a personal or collective community charge of a charging authority; or

(c) a community charge benefit as regards a personal or collective community charge payable to a levying authority,

the authority shall notify the person of its determination of the claim.

(2) Any such notification shall be given in such form as may be prescribed.

(3) Regulations shall make provision for reviews of determinations relating to housing benefit or community charge benefits.

Social fund officers and inspectors and the social fund Commissioner

64 Social fund officers

(1) The Secretary of State shall appoint officers, to be known as “social fund officers”, for the purpose of performing functions in relation to payments out of the social fund such as are mentioned in section 138(1)(b) of the Contributions and Benefits Act.

(2) A social fund officer may be appointed to perform all the functions of social fund officers or such functions of such officers as may be specified in his instrument of appointment.

(3) The Secretary of State may nominate for an area a social fund officer who shall issue general guidance to the other social fund officers in the area about such matters relating to the social fund as the Secretary of State may specify.

65 The social fund Commissioner and inspectors

(1) There shall continue to be an officer, to be known as “the social fund Commissioner” (in this section referred to as “the Commissioner”).

(2) The Commissioner shall be appointed by the Secretary of State.

(3) The Commissioner—

(a) shall appoint such social fund inspectors; and

(b) may appoint such officers and staff for himself and for social fund inspectors,

as he thinks fit, but with the consent of the Secretary of State and the Treasury as to numbers.

(4) Appointments under subsection (3) above shall be made from persons made available to the Commissioner by the Secretary of State.

(5) It shall be the duty of the Commissioner—

(a) to monitor the quality of decisions of social fund inspectors and give them such advice and assistance as he thinks fit to improve the standard of their decisions;

(b) to arrange such training of social fund inspectors as he considers appropriate; and

(c) to carry out such other functions in connection with the work of social fund inspectors as the Secretary of State may direct.

(6) The Commissioner shall report annually in writing to the Secretary of State on the standards of reviews by social fund inspectors and the Secretary of State shall publish his report.

66 Reviews

(1) A social fund officer—

(a) shall review a determination made under the Contributions and Benefits Act by himself or some other social fund officer, if an application for a review is made within such time and in such form and manner as may be prescribed by or on behalf of the person who applied for the payment to which the determination relates; and

(b) may review such a determination in such other circumstances as he thinks fit;

and may exercise on a review any power exercisable by an officer under Part VIII of the Contributions and Benefits Act.

(2) The power to review a determination conferred on a social fund officer by subsection (1) above includes power to review a determination made by a social fund officer on a previous review.

(3) On an application made by or on behalf of the person to whom a determination relates within such time and in such form and manner as may be prescribed a determination of a social fund officer which has been reviewed shall be further reviewed by a social fund inspector.

(4) On a review a social fund inspector shall have the following powers—

(a) power to confirm the determination made by the social fund officer;

(b) power to make any determination which a social fund officer could have made;

(c) power to refer the matter to a social fund officer for determination.

(5) A social fund inspector may review a determination under subsection (3) above made by himself or some other social fund inspector.

(6) In determining a question on a review a social fund officer or social fund inspector shall have regard, subject to subsection (7) below, to all the circumstances of the case and, in particular, to the matters specified in section 140(1)(a) to (e) of the Contributions and Benefits Act.

(7) An officer or inspector shall determine any question on a review in accordance with any general directions issued by the Secretary of State under section 140(2) of the Contributions and Benefits Act and any general directions issued by him with regard to reviews and in determining any such question shall take account of any general guidance issued by him under that subsection or with regard to reviews.

(8) Directions under this section may specify—

(a) the circumstances in which a determination is to be reviewed; and

(b) the manner in which a review is to be conducted.

(9) In reviewing a question under this section a social fund officer shall take account (subject to any directions or guidance issued by the Secretary of State under this section) of any guidance issued by the social fund officer nominated for his area under section 64(3) above.

(10) A social fund inspector reviewing a determination shall be under the same duties in relation to such guidance as the social fund officer or inspector who made the determination.

Christmas bonus

67 Determination of questions

(1) A determination by the competent authority that a person is entitled or not entitled to payment of a qualifying benefit in respect of a period which includes a day in the relevant week shall be conclusive for the purposes of section 148 of the Contributions and Benefits Act; and in this subsection “competent authority” means, in relation to a payment of any description of a qualifying benefit, an authority that ordinarily determines whether a person is entitled to such a payment.

(2) Any question arising under that section other than one determined or falling to be determined under subsection (1) above shall be determined by the Secretary of State whose decision shall except as provided by subsection (3) below be final.

(3) The Secretary of State may reverse a decision under subsection (2) above on new facts being brought to his notice or if he is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact.

(4) Expressions used in this section to which a meaning is assigned by section 150 of the Contributions and Benefits Act have that meaning in this section.

Restrictions on entitlement to benefit following erroneous decision

68 Restrictions on entitlement to benefit in certain cases of error

(1) This section applies where—

(a) on the determination, whenever made, of a Commissioner or the court (the “relevant determination”), a decision made by an adjudicating authority is or was found to have been erroneous in point of law; and

(b) after both—

(i) 13th July 1990 (the date of the coming into force of section 165D of the 1975 Act, the provision of that Act corresponding to this section); and

(ii) the date of the relevant determination,

a claim which falls, or which would apart from this section fall, to be decided in accordance with the relevant determination is made or treated under section 7(1) above as made by any person for any benefit.

(2) Where this section applies, any question which arises on, or on the review of a decision which is referable to, the claim mentioned in subsection (1)(b) above and which relates to the entitlement of the claimant or any other person to any benefit—

(a) in respect of a period before the relevant date; or

(b) in the case of a widow’s payment, in respect of a death occurring before that date,

shall be determined as if the decision referred to in subsection (1)(a) above had been found by the Commissioner or court in question not to have been erroneous in point of law.

(3) In determining whether a person is entitled to benefit in a case where—

(a) his entitlement depends on his having been entitled to the same or some other benefit before attaining a particular age; and

(b) he attained that age—

(i) before both the date of the relevant determination and the date of the claim referred in subsection (1)(b) above, but

(ii) not before the earliest day in respect of which benefit could, apart from this section, have been awarded on that claim,

subsection (2) above shall be disregarded for the purpose only of determining the question whether he was entitled as mentioned in paragraph (a) above.

(4) In this section—

• “adjudicating authority” means—

  (a)

  an adjudication officer or, where the original decision was given on a reference under section 21(2) or 25(1) above, a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal;

  (b)

  any of the following former bodies or officers, that is to say, the National Assistance Board, the Supplementary Benefits Commission, the Attendance Allowance Board, a benefit officer, an insurance officer or a supplement officer; or

  (c)

  any of the officers who, or tribunals or other bodies which, in Northern Ireland correspond to those mentioned in paragraph (a) or (b) above;

• “benefit” means—

  (a)

  benefit as defined in section 122 of the Contributions and Benefits Act; and

  (b)

  any income-related benefit;

• “the court” means the High Court, the Court of Appeal, the Court of Session, the High Court or Court of Appeal in Northern Ireland, the House of Lords or the Court of Justice of the European Community;

• “the relevant date” means whichever is the latest of—

  (a)

  the date of the relevant determination;

  (b)

  the date which falls 12 months before the date on which the claim referred to in subsection (1)(b) above is made or treated under section 7(1) above as made; and

  (c)

  the earliest date in respect of which the claimant would, apart from this section, be entitled on that claim to the benefit in question.

(5) For the purposes of this section—

(a) any reference in this section to entitlement to benefit includes a reference to entitlement—

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

(ii) to a benefit, or increase of benefit, at a particular rate; and

(b) any reference to a decision which is “referable to” a claim is a reference to—

(i) a decision on the claim,

(ii) a decision on a review of the decision on the claim, or

(iii) a decision on a subsequent review of the decision on the review,

and so on.

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

69 Determination of questions on review following erroneous decisions

(1) Subsection (2) below applies in any case where—

(a) on the determination, whenever made, of a Commissioner or the court (the “relevant determination”), a decision made by an adjudicating authority is or was found to have been erroneous in point of law; and

(b) in consequence of that determination, any other decision—

(i) which was made before the date of that determination; and

(ii) which is referable to a claim made or treated as made by any person for any benefit,

falls (or would, apart from subsection (2) below, fall) to be revised on a review carried out under section 25(2) above on or after 13th July 1990 (the date of the passing of the [1990 c. 27.] Social Security Act 1990, which added to the 1975 Act sections 104(7) to (10), corresponding to this section) or on a review under section 30 above on the ground that the decision under review was erroneous in point of law.

(2) Where this subsection applies, any question arising on the review referred to in subsection (1)(b) above, or on any subsequent review of a decision which is referable to the same claim, as to any person’s entitlement to, or right to payment of, any benefit—

(a) in respect of any period before the date of the relevant determination; or

(b) in the case of widow’s payment, in respect of a death occurring before that date,

shall be determined as if the decision referred to in subsection (1)(a) above had been found by the Commissioner or court in question not to have been erroneous in point of law.

(3) In determining whether a person is entitled to benefit in a case where his entitlement depends on his having been entitled to the same or some other benefit before attaining a particular age, subsection (2) above shall be disregarded for the purpose only of determining the question whether he was so entitled before attaining that age.

(4) For the purposes of this section—

(a) “adjudicating authority” and “the court” have the same meaning as they have in section 68 above;

(b) any reference to—

(i) a person’s entitlement to benefit; or

(ii) a decision which is referable to a claim,

shall be construed in accordance with subsection (5) of that section; and

(c) the date of the relevant determination shall, in prescribed cases, be determined in accordance with any regulations made under subsection (6) of that section.

Correction of errors

70 Regulations as to correction of errors and setting aside of decisions

(1) Regulations may make provision with respect to—

(a) the correction of accidental errors in any decision or record of a decision given with respect to a claim or question arising under or in connection with any relevant enactment by a body or person authorised to decide the claim or question; 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 subsection (1) above 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 subsection.

(3) In this section “relevant enactment” means any enactment contained in—

(a) the National Insurance Acts 1965 to 1974;

(b) the National Insurance (Industrial Injuries) Acts 1965 to 1974;

(c) the Industrial Injuries and Diseases (Old Cases) Acts 1967 to 1974;

(d) the [1973 c. 38.] Social Security Act 1973;

(e) the Social Security Acts 1975 to 1991;

(f) the Old Cases Act;

(g) the [1975 c. 61.] Child Benefit Act 1975;

(h) the [1970 c. 55.] Family Income Supplements Act 1970;

(i) the [1976 c. 71.] Supplementary Benefits Act 1976; or

(j) the Contributions and Benefits Act.

Part III Overpayments and adjustments of Benefit

Misrepresentation etc.

71 Overpayments - general

(1) Where it is determined that, whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact and in consequence of the misrepresentation or failure—

(a) a payment has been made in respect of a benefit to which this section applies; or

(b) any sum recoverable by or on behalf of the Secretary of State in connection with any such payment has not been recovered,

the Secretary of State shall be entitled to recover the amount of any payment which he would not have made or any sum which he would have received but for the misrepresentation or failure to disclose.

(2) Where any such determination as is referred to in subsection (1) above is made on an appeal or review, there shall also be determined in the course of the appeal or review the question whether any, and if so what, amount is recoverable under that subsection by the Secretary of State.

(3) An amount recoverable under subsection (1) above is in all cases recoverable from the person who misrepresented the fact or failed to disclose it.

(4) In relation to cases where payments of benefit to which this section applies have been credited to a bank account or other account under arrangements made with the agreement of the beneficiary or a person acting for him, circumstances may be prescribed in which the Secretary of State is to be entitled to recover any amount paid in excess of entitlement; but any such regulations shall not apply in relation to any payment unless before he agreed to the arrangements such notice of the effect of the regulations as may be prescribed was given in such manner as may be prescribed to the beneficiary or to a person acting for him.

(5) Except where regulations otherwise provide, an amount shall not be recoverable under subsection (1) above or regulations under subsection (4) above unless—

(a) the determination in pursuance of which it was paid has been reversed or varied on an appeal or revised on a review; and

(b) it has been determined on the appeal or review that the amount is so recoverable.

(6) Regulations may provide—

(a) that amounts recoverable under subsection (1) above or regulations under subsection (4) above shall be calculated or estimated in such manner and on such basis as may be prescribed;

(b) for treating any amount paid to any person under an award which it is subsequently determined was not payable—

(i) as properly paid; or

(ii) as paid on account of a payment which it is determined should be or should have been made,

and for reducing or withholding any arrears payable by virtue of the subsequent determination;

(c) for treating any amount paid to one person in respect of another as properly paid for any period for which it is not payable in cases where in consequence of a subsequent determination—

(i) the other person is himself entitled to a payment for that period; or

(ii) a third person is entitled in priority to the payee to a payment for that period in respect of the other person,

and for reducing or withholding any arrears payable for that period by virtue of the subsequent determination.

(7) Circumstances may be prescribed in which a payment on account by virtue of section 5(1)(r) above may be recovered to the extent that it exceeds entitlement.

(8) Where any amount paid is recoverable under—

(a) subsection (1) above;

(b) regulations under subsection (4) or (7) above; or

(c) section 74 below,

it may, without prejudice to any other method of recovery, be recovered by deduction from prescribed benefits.

(9) Where any amount paid in respect of a married or unmarried couple is recoverable as mentioned in subsection (8) above, it may, without prejudice to any other method of recovery, be recovered, in such circumstances as may be prescribed, by deduction from prescribed benefits payable to either of them.

(10) Any amount recoverable under the provisions mentioned in subsection (8) above—

(a) if the person from whom it is recoverable resides in England and Wales and the county court so orders, shall be recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court; and

(b) if he resides in Scotland, shall be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(11) This section applies to the following benefits—

(a) benefits as defined in section 122 of the Contributions and Benefits Act;

(b) subject to section 72 below, income support;

(c) family credit;

(d) disability working allowance;

(e) any social fund payments such as are mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act; and

(f) child benefit.

72 Special provision as to recovery of income support

(1) Where—

(a) a direction under section 125(1) of the Contributions and Benefits Act is revoked; and

(b) it is determined by an adjudication officer that, whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact and in consequence of the misrepresentation or failure a payment of income support has been made during the relevant period to the person to whom the direction related,

an adjudication officer may determine that the Secretary of State shall be entitled to recover the amount of the payment.

(2) In subsection (1) above “the relevant period” means—

(a) if the revocation is under subsection (3) of section 125 of the Contributions and Benefits Act, the period beginning with the date of the change of circumstances and ending with the date of the revocation; and

(b) if the revocation is under subsection (4) of that section, the period during which the direction was in force.

(3) Where a direction under section 125(1) of the Contributions and Benefits Act is revoked, the Secretary of State may certify whether there has been misrepresentation of a material fact or failure to disclose a material fact.

(4) If he certifies that there has been such misrepresentation or failure to disclose, he may also certify—

(a) who made the misrepresentation or failed to make the disclosure; and

(b) whether or not a payment of income support has been made in consequence of the misrepresentation or failure.

(5) If he certifies that a payment has been made, he may certify the period during which income support would not have been paid but for the misrepresentation or failure to disclose.

(6) A certificate under this section shall be conclusive for the purposes of this section as to any matter certified.

(7) Section 71(3) and (6) to (11) above apply to income support recoverable under subsection (1) above as they apply to income support recoverable under section 71(1) above.

(8) The other provisions of section 71 above do not apply to income support recoverable under subsection (1) above.

Adjustments of benefits

73 Overlapping benefits - general

(1) Regulations may provide for adjusting benefit as defined in section 122 of the Contributions and Benefits Act which is payable to or in respect of any person, or the conditions for its receipt, where—

(a) there is payable in his case any such pension or allowance as is described in subsection (2) below; or

(b) the person is, or is treated under the regulations as, undergoing medical or other treatment as an in-patient in a hospital or similar institution.

(2) Subsection (1)(a) above applies to any pension, allowance or benefit payable out of public funds (including any other benefit as so defined, whether it is of the same or a different description) which is payable to or in respect of—

(a) the person referred to in subsection (1);

(b) that person’s wife or husband;

(c) any child or adult dependant of that person; or

(d) the wife or husband of any adult dependant of that person.

(3) Where but for regulations made by virtue of subsection (1)(a) above two persons would both be entitled to an increase of benefit in respect of a third person, regulations may make provision as to their priority.

(4) Regulations may provide for adjusting benefit as defined in section 122 of the Contributions and Benefits Act payable to or in respect of any person where there is payable in his case any such benefit as is described in subsection (5) below.

(5) Subsection (4) above applies to any benefit payable under the legislation of any member State other than the United Kingdom which is payable to or in respect of—

(a) the person referred to in that subsection;

(b) that person’s wife or husband;

(c) any child or adult dependant of that person; or

(d) the wife or husband of any adult dependant of that person.

74 Income support and other payments

(1) Where—

(a) a payment by way of prescribed income is made after the date which is the prescribed date in relation to the payment; and

(b) it is determined that an amount which has been paid by way of income support would not have been paid if the payment had been made on the prescribed date,

the Secretary of State shall be entitled to recover that amount from the person to whom it was paid.

(2) Where—

(a) a prescribed payment which apart from this subsection falls to be made from public funds in the United Kingdom or under the law of any other member State is not made on or before the date which is the prescribed date in relation to the payment; and

(b) it is determined that an amount (“the relevant amount”) has been paid by way of income support that would not have been paid if the payment mentioned in paragraph (a) above had been made on the prescribed date,

then—

(i) in the case of a payment from public funds in the United Kingdom, the authority responsible for making it may abate it by the relevant amount; and

(ii) in the case of any other payment, the Secretary of State shall be entitled to receive the relevant amount out of the payment.

(3) Where—

(a) a person (in this subsection referred to as A) is entitled to any prescribed benefit for any period in respect of another person (in this subsection referred to as B); and

(b) either—

(i) B has received income support for that period; or

(ii) B was, during that period, a member of the same family as some person other than A who received income support for that period; and

(c) the amount of the income support has been determined on the basis that A has not made payments for the maintenance of B at a rate equal to or exceeding the amount of the prescribed benefit,

the amount of the prescribed benefit may, at the discretion of the authority administering it, be abated by the amount by which the amounts paid by way of income support exceed what it is determined that they would have been had A, at the time the amount of the income support was determined, been making payments for the maintenance of B at a rate equal to the amount of the prescribed benefit.

(4) Where an amount could have been recovered by abatement by virtue of subsection (2) or (3) above but has not been so recovered, the Secretary of State may recover it otherwise than by way of abatement—

(a) in the case of an amount which could have been recovered by virtue of subsection (2) above, from the person to whom it was paid; and

(b) in the case of an amount which could have been recovered by virtue of subsection (3) above, from the person to whom the prescribed benefit in question was paid.

(5) Where a payment is made in a currency other than sterling, its value in sterling shall be determined for the purposes of this section in accordance with regulations.

Housing benefit

75 Overpayments of housing benefit

(1) Except where regulations otherwise provide, any amount of housing benefit paid in excess of entitlement may be recovered in such manner as may be prescribed either by the Secretary of State or by the authority which paid the benefit.

(2) Regulations may require such an authority to recover such an amount in such circumstances as may be prescribed.

(3) An amount recoverable under this section is in all cases recoverable from the person to whom it was paid; but, in such circumstances as may be prescribed, it may also be recovered from such other person as may be prescribed.

(4) Any amount recoverable under this section may, without prejudice to any other method of recovery, be recovered by deduction from prescribed benefits.

Community charge benefits

76 Excess benefits

(1) Regulations may make provision as to any case where a charging authority or a levying authority has allowed a community charge benefit to a person and the amount allowed exceeds the amount to which he is entitled in respect of the benefit.

(2) As regards any case where the benefit is in respect of a personal community charge the regulations may provide that—

(a) a sum equal to the excess shall be due from the person concerned to the authority (whatever the form the benefit takes);

(b) any liability under any provision included under paragraph (a) above shall be met by such method mentioned in subsection (3) below as is prescribed as regards the case concerned, or by such combination of two or all three of the methods as is prescribed as regards the case concerned.

(3) The methods are—

(a) payment by the person concerned;

(b) addition to any amount payable in respect of the charge concerned;

(c) deduction from prescribed benefits.

(4) As regards any case where the benefit is in respect of a contribution period the regulations may provide that—

(a) a sum equal to the excess shall be due from the person concerned to the authority (whatever the form the benefit takes);

(b) any liability under any provision included under paragraph (a) above shall be met by such method mentioned in subsection (5) below as is prescribed as regards the case concerned, or by such combination of the methods as is prescribed as regards the case concerned;

(c) there is to be no adjustment as between the person concerned and the charge payer, or as between the charge payer and the authority concerned.

(5) The methods are—

(a) payment by the person concerned;

(b) deduction from prescribed benefits.

(6) In a case where the regulations provide that a sum or part of a sum is to be paid, and the sum or part is not paid on or before such day as may be prescribed, the regulations may provide that the sum or part shall be recoverable in a court of competent jurisdiction.

(7) For the purposes of subsection (4) above the charge payer is—

(a) in relation to England and Wales, the person who is liable to pay an amount in respect of the collective community charge concerned under section 15 of the [1988 c. 41.] Local Government Finance Act 1988;

(b) in relation to Scotland, the person who is liable to pay the collective community charge under section 11(5) of the [1987 c. 47.] Abolition of Domestic Rates Etc. (Scotland) Act 1987.

(8) The regulations may provide that they are not to apply as regards any case falling within a prescribed category.

77 Shortfall in benefits

(1) Regulations may make provision as to any case where a charging authority or a levying authority has allowed a community charge benefit to a person and the amount allowed is less than the amount to which he is entitled in respect of the benefit.

(2) In particular, as regards any prescribed case where the benefit is in respect of a contribution period the regulations may provide that—

(a) a sum equal to the difference shall be due from the authority to the person concerned;

(b) any liability under any provision included under paragraph (a) above shall be met by payment and not by such reductions as are mentioned in section 138(4) below (whatever the form the benefit actually allowed takes);

(c) there is to be no adjustment as between the person concerned and the charge payer, or as between the charge payer and the authority concerned.

(3) For the purposes of subsection (2) above the charge payer is—

(a) in relation to England and Wales, the person who is liable to pay an amount in respect of the collective community charge concerned under section 15 of the [1988 c. 41.] Local Government Finance Act 1988;

(b) in relation to Scotland, the person who is liable to pay the collective community charge under section 11(5) of the [1987 c. 47.] Abolition of Domestic Rates Etc. (Scotland) Act 1987.

Social fund awards

78 Recovery of social fund awards

(1) A social fund award which is repayable shall be recoverable by the Secretary of State.

(2) Without prejudice to any other method of recovery, the Secretary of State may recover an award by deduction from prescribed benefits.

(3) The Secretary of State may recover an award—

(a) from the person to or for the benefit of whom it was made;

(b) where that person is a member of a married or unmarried couple, from the other member of the couple;

(c) from a person who is liable to maintain the person by or on behalf of whom the application for the award was made or any person in relation to whose needs the award was made.

(4) Payments to meet funeral expenses may in all cases be recovered, as if they were funeral expenses, out of the estate of the deceased, and (subject to section 71 above) by no other means.

(5) In this section—

• “married couple” means a man and woman who are married to each other and are members of the same household;

• “unmarried couple” means a man and woman who are not married to each other but are living together as husband and wife otherwise than in circumstances prescribed under section 132 of the Contributions and Benefits Act.

(6) For the purposes of this section—

(a) a man shall be liable to maintain his wife and any children of whom he is the father;

(b) a woman shall be liable to maintain her husband and any children of whom she is the mother;

(c) a person shall be liable to maintain another person throughout any period in respect of which the [1980 c. 30.] first-mentioned person has, on or after 23rd May 1980 (the date of the passing of the Social Security Act 1980) and either alone or jointly with a further person, given an undertaking in writing in pursuance of immigration rules within the meaning of the [1971 c. 77.] Immigration Act 1971 to be responsible for the maintenance and accommodation of the other person; and

(d) “child” includes a person who has attained the age of 16 but not the age of 19 and in respect of whom either parent, or some person acting in the place of either parent, is receiving income support.

(7) Any reference in subsection (6) above to children of whom the man or the woman is the father or the mother shall be construed in accordance with section 1 of the [1987 c. 42.] Family Law Reform Act 1987.

(8) Subsection (7) above does not apply in Scotland, and in the application of subsection (6) above to Scotland any reference to children of whom the man or the woman is the father or the mother shall be construed as a reference to any such children whether or not their parents have ever been married to one another.

(9) A document bearing a certificate which—

(a) is signed by a person authorised in that behalf by the Secretary of State; and

(b) states that the document apart from the certificate is, or is a copy of, such an undertaking as is mentioned in subsection (6)(c) above,

shall be conclusive of the undertaking in question for the purposes of this section; and a certificate purporting to be so signed shall be deemed to be so signed until the contrary is proved.

Northern Ireland payments

79 Recovery of Northern Ireland payments

Without prejudice to any other method of recovery—

(a) amounts recoverable under any enactment or instrument having effect in Northern Ireland and corresponding to an enactment or instrument mentioned in section 71(8) above shall be recoverable by deduction from benefits prescribed under that subsection;

(b) amounts recoverable under any enactment having effect in Northern Ireland and corresponding to section 75 above shall be recoverable by deduction from benefits prescribed under subsection (4) of that section; and

(c) awards recoverable under Part III of the Northern Ireland Administration Act shall be recoverable by deduction from benefits prescribed under subsection (2) of section 78 above and subsection (3) of that section shall have effect in relation to such awards as it has effect in relation to awards out of the social fund under this Act.

Adjustment of child benefit

80 Child benefit - overlap with benefits under legislation of other member States

Regulations may provide for adjusting child benefit payable in respect of any child in respect of whom any benefit is payable under the legislation of any member State other than the United Kingdom.

Part IV Recovery from compensation payments

81 Interpretation of Part IV

(1) In this Part of this Act—

• “benefit” means any benefit under the Contributions and Benefits Act except child benefit and, subject to regulations under subsection (2) below, the “relevant benefits” are such of those benefits as may be prescribed for the purposes of this Part of this Act;

• “certificate of deduction” means a certificate given by the compensator specifying the amount which he has deducted and paid to the Secretary of State in pursuance of section 82(1) below;

• “certificate of total benefit” means a certificate given by the Secretary of State in accordance with this Part of this Act;

• “compensation payment” means any payment falling to be made (whether voluntarily, or in pursuance of a court order or an agreement, or otherwise)—

  (a)

  to or in respect of the victim in consequence of the accident, injury or disease in question, and

  (b)

  either—

  (c)

  by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of that accident, injury or disease; or

  (ii)

  in pursuance of a compensation scheme for motor accidents,

  but does not include benefit or an exempt payment or so much of any payment as is referable to costs incurred by any person;

• “compensation scheme for motor accidents” means any scheme or arrangement under which funds are available for the payment of compensation in respect of motor accidents caused, or alleged to have been caused, by uninsured or unidentified persons;

• “compensator”, “victim” and “intended recipient” shall be construed in accordance with section 82(1) below;

• “payment” means payment in money or money’s worth, and cognate expressions shall be construed accordingly;

• “relevant deduction” means the deduction required to be made from the compensation payment in question by virtue of this Part of this Act;

• “relevant payment” means the payment required to be made to the Secretary of State by virtue of this Part of this Act;

• “relevant period” means—

  (a)

  in the case of a disease, the period of 5 years beginning with the date on which the victim first claims a relevant benefit in consequence of the disease; or

  (b)

  in any other case, the period of 5 years immediately following the day on which the accident or injury in question occurred;

  but where before the end of that period the compensator makes a compensation payment in final discharge of any claim made by or in respect of the victim and arising out of the accident, injury or disease, the relevant period shall end on the date on which that payment is made; and

• “total benefit” means the gross amount referred to in section 82(1)(a) below.

(2) If statutory sick pay is prescribed as a relevant benefit, the amount of that benefit for the purposes of this Part of this Act shall be a reduced amount determined in accordance with regulations by reference to the percentage from time to time specified in section 158(1)(a) of the Contributions and Benefits Act (percentage of statutory sick pay recoverable by employers by deduction from contributions).

(3) For the purposes of this Part of this Act the following are the “exempt payments”—

(a) any small payment, as defined in section 85 below;

(b) any payment made to or for the victim under section 35 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 or section 58 of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980;

(c) any payment to the extent that it is made—

(i) in consequence of an action under the [1976 c. 30.] Fatal Accidents Act 1976; or

(ii) in circumstances where, had an action been brought, it would have been brought under that Act;

(d) any payment to the extent that it is made in respect of a liability arising by virtue of section 1 of the [1976 c. 13.] Damages (Scotland) Act 1976;

(e) without prejudice to section 6(4) of the [1979 c. 17.] Vaccine Damage Payments Act 1979 (which provides for the deduction of any such payment in the assessment of any award of damages), any payment made under that Act to or in respect of the victim;

(f) any award of compensation made to or in respect of the victim by the Criminal Injuries Compensation Board under section 111 of the [1988 c. 33.] Criminal Justice Act 1988;

(g) any payment made in the exercise of a discretion out of property held subject to a trust in a case where no more than 50 per cent. by value of the capital contributed to the trust was directly or indirectly provided by persons who are, or are alleged to be, liable in respect of—

(i) the accident, injury or disease suffered by the victim in question; or

(ii) the same or any connected accident, injury or disease suffered by another;

(h) any payment made out of property held for the purposes of any prescribed trust (whether the payment also falls within paragraph (g) above or not);

(i) any payment made to the victim by an insurance company within the meaning of the [1982 c. 50.] Insurance Companies Act 1982 under the terms of any contract of insurance entered into between the victim and the company before—

(i) the date on which the victim first claims a relevant benefit in consequence of the disease in question; or

(ii) the occurrence of the accident or injury in question;

(j) any redundancy payment falling to be taken into account in the assessment of damages in respect of an accident, injury or disease.

(4) Regulations may provide that any prescribed payment shall be an exempt payment for the purposes of this Part of this Act.

(5) Except as provided by any other enactment, in the assessment of damages in respect of an accident, injury or disease the amount of any relevant benefits paid or likely to be paid shall be disregarded.

(6) If, after making the relevant deduction from the compensation payment, there would be no balance remaining for payment to the intended recipient, any reference in this Part to the making of the compensation payment shall be construed in accordance with regulations.

(7) This Part of this Act shall apply in relation to any compensation payment made on or after 3rd September 1990 (the date of the coming into force of section 22 of the [1989 c. 24.] Social Security Act 1989 which, with Schedule 4 to that Act, made provision corresponding to that made by this Part) to the extent that it is made in respect of—

(a) an accident or injury occurring on or after 1st January 1989; or

(b) a disease, if the victim’s first claim for a relevant benefit in consequence of the disease is made on or after that date.

Recovery from damages etc. of sums equivalent to benefit

82 Recovery of sums equivalent to benefit from compensation payments in respect of accidents, injuries and diseases

(1) A person (“the compensator”) making a compensation payment, whether on behalf of himself or another, in consequence of an accident, injury or disease suffered by any other person (“the victim”) shall not do so until the Secretary of State has furnished him with a certificate of total benefit and shall then—

(a) deduct from the payment an amount, determined in accordance with the certificate of total benefit, equal to the gross amount of any relevant benefits paid or likely to be paid to or for the victim during the relevant period in respect of that accident, injury or disease;

(b) pay to the Secretary of State an amount equal to that which is required to be so deducted; and

(c) furnish the person to whom the compensation payment is or, apart from this section, would have been made (“the intended recipient”) with a certificate of deduction.

(2) Any right of the intended recipient to receive the compensation payment in question shall be regarded as satisfied to the extent of the amount certified in the certificate of deduction.

Payments, deductions and certificates

83 Time for making payment to Secretary of State

The compensator’s liability to make the relevant payment arises immediately before the making of the compensation payment, and he shall make the relevant payment before the end of the period of 14 days following the day on which the liability arises.

84 The certificate of total benefit

(1) It shall be for the compensator to apply to the Secretary of State for the certificate of total benefit and he may, subject to subsection (5) below, from time to time apply for fresh certificates.

(2) The certificate of total benefit shall specify—

(a) the amount which has been, or is likely to be, paid on or before a specified date by way of any relevant benefit which is capable of forming part of the total benefit;

(b) where applicable—

(i) the rate of any relevant benefit which is, has been, or is likely to be paid after the date so specified and which would be capable of forming part of the total benefit; and

(ii) the intervals at which any such benefit is paid and the period for which it is likely to be paid;

(c) the amounts (if any) which, by virtue of this Part of this Act, are to be treated as increasing the total benefit; and

(d) the aggregate amount of any relevant payments made on or before a specified date (reduced by so much of that amount as has been paid by the Secretary of State to the intended recipient before that date in consequence of this Part of this Act).

(3) On issuing a certificate of total benefit, the Secretary of State shall be taken to have certified the total benefit as at every date for which it is possible to calculate an amount that would, on the basis of the information so provided, be the total benefit as at that date, on the assumption that payments of benefit are made on the days on which they first become payable.

(4) The Secretary of State may estimate, in such manner as he thinks fit, any of the amounts, rates or periods specified in the certificate of total benefit.

(5) A certificate of total benefit shall remain in force until such date as may be specified in the certificate for that purpose and no application for a fresh certificate shall be made before that date.

(6) Where a certificate ceases to be in force, the Secretary of State may issue a fresh certificate, whether or not an application has been made to him for such a certificate.

(7) The compensator shall not make the compensation payment at any time when there is no certificate of total benefit in force in respect of the victim, unless his liability to make the relevant deduction and the relevant payment has ceased to be enforceable by virtue of section 96 below.

85 Exemption from deduction in cases involving small payments

(1) Regulations may make provision exempting persons from liability to make the relevant deduction or the relevant payment in prescribed cases where the amount of the compensation payment in question, or the aggregate amount of two or more connected compensation payments, does not exceed the prescribed sum.

(2) Regulations may make provision for cases where an amount has been deducted and paid to the Secretary of State which, by virtue of regulations under subsection (1) above, ought not to have been so deducted and paid, and any such regulations may, in particular, provide for him to pay that amount to the intended recipient or the compensator or to pay a prescribed part of it to each of them.

(3) The reference in section 81(3)(a) above to a “small payment” is a reference to a payment from which by virtue of this section no relevant deduction falls to be made.

(4) For the purposes of this section—

(a) two or more compensation payments are “connected” if each is made to or in respect of the same victim and in respect of the same accident, injury or disease; and

(b) any reference to a compensation payment is a reference to a payment which would be such a payment apart from section 81(3)(a) above.

86 Multiple compensation payments

(1) This section applies where—

(a) a compensation payment (an “earlier payment”) has been made to or in respect of the victim; and

(b) subsequently another such payment (a “later payment”) falls to be made to or in respect of the same victim in respect of the same accident, injury or disease (whether by the same or another compensator).

(2) In determining the amount of the relevant deduction and payment required to be made in connection with the later payment, the amount referred to in section 82(1)(a) above shall be reduced by the amount of any relevant payment made in connection with the earlier payment, or, if more than one, the aggregate of those relevant payments.

(3) In relation to the later payment, the compensator shall take the amount of the reduction required by subsection (2) above to be such as may be specified under section 84(2)(d) above in the certificate of total benefit issued to him in connection with that later payment.

(4) In any case where—

(a) the relevant payment made in connection with an earlier payment is not reflected in the certificate of total benefit in force in relation to a later payment, and

(b) in consequence, the aggregate of the relevant payments made in relation to the later payment and every earlier payment exceeds what it would have been had that relevant payment been so reflected,

the Secretary of State shall pay the intended recipient an amount equal to the excess.

(5) In determining any rights and liabilities in respect of contribution or indemnity, relevant payments shall be treated as damages paid to or for the intended recipient in respect of the accident, injury or disease in question.

87 Collaboration between compensators

(1) This section applies where compensation payments in respect of the same accident, injury or disease fall (or apart from this Part would fall) to be made to or in respect of the same victim by two or more compensators.

(2) Where this section applies, any two or more of those compensators may give the Secretary of State notice that they are collaborators in respect of compensation payments in respect of that victim and that accident, injury or disease.

(3) Where such a notice is given and any of the collaborators makes a relevant payment in connection with such a compensation payment, each of the other collaborators shall be treated as if the aggregate amount of relevant payments specified in his certificate of total benefit, as in force at the time of that relevant payment, or in a fresh certificate which does not purport to reflect the payment, were increased by the amount of that payment.

88 Structured settlements

(1) This section applies where—

(a) in final settlement of a person’s claim, an agreement is entered into—

(i) for the making of periodical payments (whether of an income or capital nature) to or in respect of the victim; or

(ii) for the making of such payments and one or more lump sum payments; and

(b) apart from this section, those payments would fall to be regarded for the purposes of this Part of this Act as compensation payments.

(2) Where this section applies, this Part of this Act (other than this section) shall have effect on the following assumptions, that is to say—

(a) the relevant period in the case of the compensator in question shall be taken to end (if it has not previously done so) on the day of settlement;

(b) the compensator in question shall be taken—

(i) to have been liable to make on that day a single compensation payment of the amount referred to in section 82(1)(a) above (reduced or increased in accordance with such of the provisions of this Part as would have applied in the case of a payment on that day); and

(ii) to have made from that single payment a relevant deduction of an amount equal to it; and

(c) the payments under the agreement referred to in subsection (1) above shall be taken to be exempt payments.

(3) The intended recipient shall not by virtue of anything in this section become entitled to be paid any sum, whether by the compensator or the Secretary of State, and if on a review or appeal under section 97 or 99 below it appears that the amount paid by a compensator in pursuance of this section was either greater or less than it ought to have been, then—

(a) any excess shall be repaid to the compensator instead of to the intended recipient; but

(b) any deficiency shall be paid to the Secretary of State by the intended recipient.

(4) Where any further compensation payment falls to be made to or in respect of the victim otherwise than under the agreement in question, subsection (2)(a) above shall be disregarded for the purpose of determining the end of the relevant period in relation to that further payment.

(5) In any case where—

(a) the person making the periodical payments (“the secondary party”) does so in pursuance of arrangements entered into with another (as in a case where an insurance company purchases an annuity for the victim from another such company), and

(b) apart from those arrangements, that other (“the primary party”) would have been regarded as the compensator,

then for the purposes of this Part, the primary party shall be regarded as the compensator and the secondary party shall not be so regarded.

(6) In determining for the purposes of this section whether any periodical payments would fall to be regarded as compensation payments, section 81(3)(a) above shall be disregarded.

(7) In this section “the day of settlement” means—

(a) if the agreement referred to in subsection (1) above is approved by a court, the day on which that approval is given; and

(b) in any other case, the day on which the agreement is entered into.

89 Insolvency

(1) Where the intended recipient is subject to a bankruptcy order, nothing in the [1986 c. 45.] Insolvency Act 1986 shall affect the operation of this Part of this Act.

(2) Where the estate of the intended recipient is sequestrated, the relevant deduction from the compensation payment shall not form part of the whole estate of the debtor, within the meaning of section 31(8) of the [1985 c. 66.] Bankruptcy (Scotland) Act 1985.

90 Protection of legal aid charges

(1) In any case where—

(a) the compensation payment is subject to any charge under the [1974 c. 4.] Legal Aid Act 1974 or the [1988 c. 34.] Legal Aid Act 1988, and

(b) after the making of the relevant deduction, the balance of the compensation payment is insufficient to satisfy that charge,

the Secretary of State shall make such a payment as will secure that the deficiency is made good to the extent of the relevant payment.

(2) Where the Secretary of State makes a payment under this section, then for the purposes of section 84 above, the amount of the payment shall be treated as increasing the total benefit.

(3) In the application of this section to Scotland, references in subsection (1) above to a charge under the Acts specified shall be construed as references to any provisions of the [1986 c. 47.] Legal Aid (Scotland) Act 1986 for the repayment to the Scottish Legal Aid Fund of sums paid by it on behalf of the intended recipient in respect of the proceedings in which the compensation payment is made.

91 Overpaid benefits

In any case where—

(a) during the relevant period, there has, in respect of the accident, injury or disease, been paid to or for the victim any relevant benefit to which he was not entitled (“the overpaid benefit”), and

(b) the amount of the relevant payment is such that, after taking account of the rest of the total benefit, there remains an amount which represents the whole or any part of the overpaid benefit,

then, notwithstanding anything in section 71 above or any regulations under that section or section 53 of the 1986 Act, the receipt by the Secretary of State of the relevant payment shall be treated as the recovery of the whole or, as the case may be, that part of the overpaid benefit.

92 Death

In the case of any compensation payment the whole or part of which is made—

(a) in consequence of an action under the [1976 c. 30.] Fatal Accidents Act 1976, or

(b) in circumstances where, had an action been brought, it would have been brought under that Act, or

(c) in respect of a liability arising by virtue of section 1 of the [1976 c. 13.] Damages (Scotland) Act 1976,

regulations may make provision for estimating or calculating the portion of the payment which is to be regarded as so made for the purposes of section 81(3)(c) or (d) above.

93 Payments into court

(1) Nothing in this Part of this Act requires a court to make any relevant deduction or payment in connection with money in court.

(2) Where a party to an action makes a payment into court which, had it been paid directly to the other party, would have constituted a compensation payment, the making of that payment shall be regarded for the purposes of this Part of this Act as the making of a compensation payment, but the compensator—

(a) may either—

(i) withhold from the payment into court an amount equal to the relevant deduction; or

(ii) make such a payment into court before the certificate of total benefit has been issued to him; and

(b) shall not become liable to make the relevant payment, or to furnish a certificate of deduction, until he has been notified that the whole or any part of the payment into court has been paid out of court to or for the other party.

(3) Where a person making a payment into court withholds an amount in accordance with subsection (2)(a)(i) above—

(a) he shall, at the time when he makes that payment, furnish the court with a certificate of the amount so withheld; and

(b) the amount paid into court shall be regarded as increased by the amount so certified,

but no person shall be entitled by virtue of this subsection to the payment out of court of any amount which has not in fact been paid into court.

(4) Where a payment into court is made as mentioned in subsection (2)(a)(ii) above, the compensator—

(a) shall apply for the certificate of total benefit no later than the day on which the payment into court is made; and

(b) shall become liable to make the relevant payment as mentioned in subsection (2)(b) above, notwithstanding that the relevant deduction has not been made.

(5) Where any such payment into court as is mentioned in subsection (2) above is accepted by the other party to the action within the initial period, then, as respects the compensator in question, the relevant period shall be taken to have ended on the day on which the payment into court (or, if there were two or more such payments, the last of them) was made; but where the payment into court is not so accepted, then—

(a) the relevant period as respects that compensator shall end on the day on which he is notified that the payment has been paid out of court to or for that other party; and

(b) in determining the amount of the relevant payment, that compensator shall be treated as if his payment into court had been made on that day.

(6) In subsection (5) above “the initial period” means the period of 21 days following the making of the payment into court (or, if there were two or more such payments, the last of them), but rules of court may make provision varying the length of that period.

(7) Where a payment into court is paid out wholly to or for the party who made the payment (otherwise than to or for the other party to the action) the making of the payment into court shall cease to be regarded as the making of a compensation payment.

(8) Rules of court may make provision regulating or prescribing the practice and procedure to be followed in relation to such payments into court as are mentioned in subsection (2) above.

(9) This section does not extend to Scotland.

Administration and adjudication

94 Provision of information

(1) Any person who is, or is alleged to be, liable in respect of an accident, injury or disease, or any person acting on his behalf, shall furnish the Secretary of State with the prescribed information relating to any person seeking compensation, or in respect of whom compensation is sought, in respect of that accident, injury or disease.

(2) Any person who claims a relevant benefit or who has been in receipt of such a benefit or, if he has died, the personal representatives of such a person, shall furnish the Secretary of State with the prescribed information relating to any accident, injury or disease suffered by that person.

(3) A person who makes any payment (whether a compensation payment or not) on behalf of himself or another—

(a) in consequence of any accident, injury or disease suffered, or any damage to property sustained, by any other person, or

(b) which is referable to any costs, or, in Scotland, expenses, incurred by any such other person by reason of such an accident, injury, disease or damage,

shall, if the Secretary of State so requests him in writing, furnish the Secretary of State with such particulars relating to the size and composition of the payment as may be specified in the request.

(4) Any person—

(a) who is the employer of a person who suffers or has suffered an accident, injury or disease, or

(b) who has been the employer of such a person at any time during the relevant period,

shall furnish the Secretary of State with the prescribed information relating to the payment of statutory sick pay in respect of that person.

(5) In subsection (4) above “employer” has the same meaning as it has in Part XI of the Contributions and Benefits Act.

(6) Any person furnishing information under this section shall do so in the prescribed manner, at the prescribed place and within the prescribed time.

95 Applications for certificates of total benefit

(1) If at any time before he makes the compensation payment in question the compensator requests the Secretary of State to furnish him with a certificate of total benefit relating to the victim in question—

(a) the Secretary of State shall comply with that request before the end of the period of 4 weeks, or such other number of weeks as may be prescribed, following the day on which the request is, or is deemed in accordance with regulations to be, received, and

(b) any certificate so furnished shall, in particular, specify for the purposes of section 84(2)(a) above a date not earlier than the date of the request.

(2) Where the Secretary of State furnishes any person with a certificate of total benefit, he shall also provide the information contained in that certificate to the person who appears to him to be the victim in relation to the compensation payment in question.

(3) The victim may apply to the Secretary of State for particulars of the manner in which any amount, rate or period specified in a certificate of total benefit has been determined.

96 Liability of compensator unenforceable if certificate not issued within time limit

(1) The liability of the compensator to make the relevant deduction and payment relating to the first compensation payment after the default date shall not be enforceable if—

(a) he has made a request under section 95(1) above which—

(i) accurately states the prescribed particulars relating to the victim and the accident, injury or disease in question; and

(ii) specifies the name and address of the person to whom the certificate is to be sent;

(b) he has in his possession a written acknowledgment, sent to him in accordance with regulations, of the receipt of the request; and

(c) the Secretary of State does not, within the time limit referred to in section 95(1) above, send the certificate to the person specified in the request as the person to whom the certificate is to be sent, at the address so specified;

and accordingly, where those liabilities cease to be enforceable, nothing in this Part of this Act shall prevent the compensator from making that compensation payment.

(2) In any case where—

(a) the liability to make the relevant deduction and payment becomes unenforceable by virtue of this section, but

(b) the compensator nevertheless makes that deduction and payment,

he shall be treated for all purposes as if the liability had remained enforceable.

(3) Where the compensator, in reliance on this section, does not make the relevant deduction and payment, then—

(a) he shall within 14 days of the default date give the Secretary of State notice of that fact together with such other particulars as may be prescribed; and

(b) in determining the amount of the relevant deduction and payment to be made in connection with any subsequent compensation payment made by the same or any other compensator, the amount which, apart from this section, would have fallen to be deducted and paid by him shall continue to form part of the total benefit and shall not be treated as if it had been paid.

(4) If, in the opinion of the Secretary of State, circumstances have arisen which adversely affect normal methods of communication—

(a) he may by order provide that no liability shall become unenforceable by virtue of this section during a specified period not exceeding three months; and

(b) he may continue any such order in force for further periods not exceeding three months at a time.

(5) In this section “the default date” means the date on which the time limit mentioned in subsection (1)(c) above expires.

97 Review of certificates of total benefit

(1) The Secretary of State may review any certificate of total benefit if he is satisfied that it was issued in ignorance of, or was based on a mistake as to, some material fact or that a mistake (whether in computation or otherwise) has occurred in its preparation.

(2) On any such review the Secretary of State may either—

(a) confirm the certificate, or

(b) issue a fresh certificate containing such variations as he considers appropriate,

but he shall not so vary the certificate as to increase the total benefit.

(3) In any case where—

(a) one or more relevant payments have been made, and

(b) in consequence of a review under this section, it appears that the aggregate amount so paid exceeds the amount that ought to have been paid,

the Secretary of State shall pay the intended recipient an amount equal to the excess.

98 Appeals

(1) An appeal shall lie in accordance with this section against any certificate of total benefit at the instance of the compensator, the victim or the intended recipient, on the ground—

(a) that any amount, rate or period specified in the certificate is incorrect, or

(b) that benefit paid or payable otherwise than in consequence of the accident, injury or disease in question has been brought into account.

(2) No appeal shall be brought under this section until—

(a) the claim giving rise to the compensation payment has been finally disposed of; and

(b) the relevant payment, or where more than one such payment may fall to be made, the final relevant payment, has been made.

(3) Notwithstanding subsection (2) above, where—

(a) an award of damages (“provisional damages”) has been made under or by virtue of—

(i) section 32A(2)(a) of the [1981 c. 54.] Supreme Court Act 1981;

(ii) section 12(2)(a) of the [1982 c. 53.] Administration of Justice Act 1982; or

(iii) section 51(2)(a) of the [1984 c. 28.] County Courts Act 1984; and

(b) the relevant payment or, where more than one such payment falls to be made, the final relevant payment in relation to the provisional damages so awarded has been made,

an appeal may be brought under this section against any certificate of total benefit by reference to which the amount of that relevant payment, or any of those relevant payments, was made.

(4) Regulations may make provision—

(a) as to the manner in which, and the time within which, appeals under this section are to be brought, and

(b) for the purpose of enabling any such appeal to be treated as an application for review under section 97 above,

and regulations under paragraph (b) above may, in particular, provide that the circumstances in which such a review may be carried out shall not be restricted to those specified in section 97 above.

(5) If any of the medical questions arises for determination on an appeal under this section, the Secretary of State shall refer that question to a medical appeal tribunal, whose determination shall be binding, for the purposes of the appeal, on any social security appeal tribunal to whom a question is referred under subsection (7) below.

(6) A medical appeal tribunal, in determining any of the medical questions, shall take into account any decision of any court relating to the same, or any similar, issue arising in connection with the accident, injury or disease in question.

(7) If any question concerning any amount, rate or period specified in the certificate of total benefit arises for determination on an appeal under this section, the Secretary of State shall refer that question to a social security appeal tribunal, but where any medical questions arising on the appeal have been referred to a medical appeal tribunal—

(a) he shall not refer any question to the social security appeal tribunal until he has received the determination of the medical appeal tribunal on the questions referred to them; and

(b) he shall notify the social security appeal tribunal of the determinations of the medical appeal tribunal.

(8) On a reference under subsection (7) above a social security appeal tribunal may either—

(a) confirm the amounts, rates and periods specified in the certificate of total benefit; or

(b) specify any increases, reductions or other variations which are to be made on the issue of the fresh certificate under subsection (9) below.

(9) When the Secretary of State has received the determinations of the tribunals on the questions referred to them under subsections (5) and (7) above, he shall in accordance with those determinations either—

(a) confirm the certificate against which the appeal was brought, or

(b) issue a fresh certificate.

(10) Regulations may make provision with respect to the procedure for the reference under this section of questions to medical appeal tribunals or social security appeal tribunals.

(11) An appeal shall lie to a Commissioner at the instance of the Secretary of State, the compensator, the victim or the intended recipient from a decision of a medical appeal tribunal or a social security appeal tribunal under this section on the ground that the decision was erroneous in point of law; and for the purposes of appeals under this subsection—

(a) section 23(7) to (10) above shall apply in relation to an appeal from the decision of a social security appeal tribunal; and

(b) section 48(3) above shall apply in relation to an appeal from the decision of a medical appeal tribunal.

(12) In this section “the medical questions” means—

(a) any question whether, as the result of a particular occurrence, the victim suffered an injury, sickness or disease;

(b) any question as to the period for which the victim suffered any injury, sickness or disease.

99 Recovery in consequence of an appeal

(1) Where it appears, in consequence of an appeal under section 98 above, that the aggregate amount of the relevant payment or payments actually made exceeds the amount that ought to have been paid, the Secretary of State shall pay the intended recipient an amount equal to that excess.

(2) Where it appears, in consequence of such an appeal, that the aggregate amount of the relevant payment or payments actually made is less than the amount that ought to have been paid, the intended recipient shall pay the Secretary of State an amount equal to the deficiency.

(3) Without prejudice to any other method of enforcement, an amount payable under subsection (2) above may be recovered by deduction from any benefits which are prescribed benefits for the purposes of section 71 above.

100 Recovery of relevant payment in cases of default

(1) This section applies in any case where the compensator has made a compensation payment but—

(a) has not requested a certificate of total benefit in respect of the victim, or

(b) if he has done so, has not made the relevant payment within the time limit imposed by section 83 above.

(2) Where this section applies, the Secretary of State may—

(a) if no certificate of total benefit has been issued to the compensator, issue to him such a certificate and a demand for the relevant payment to be made forthwith, or

(b) if a certificate of total benefit has been issued to the compensator, issue to him a copy of that certificate and such a demand,

and the amount so certified shall, to the extent that it does not exceed the amount of the compensation payment, be recoverable by the Secretary of State from the compensator.

(3) Any amount recoverable under this section shall—

(a) if the compensator resides or carries on business in England and Wales and a county court so orders, be recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court; or

(b) if the compensator resides or carries on business in Scotland, be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(4) A document bearing a certificate which—

(a) is signed by a person authorised in that behalf by the Secretary of State, and

(b) states that the document, apart from the certificate, is a record of the amount recoverable under this section,

shall be conclusive evidence that that amount is so recoverable; and a certificate purporting to be signed as aforesaid shall be deemed to be so signed unless the contrary is proved.

(5) Where this section applies in relation to two or more connected compensators, the Secretary of State may proceed against them as if they were jointly and severally liable for an amount equal to the difference between—

(a) the total benefit determined in accordance with the latest connected certificate of total benefit issued to any of them, and

(b) the aggregate amount of any connected relevant payments previously made.

(6) Nothing in subsection (5) above authorises the recovery from any person of an amount in excess of the compensation payment by virtue of which this section applies to him (or, if there are two or more such payments which are connected, the aggregate amount of those payments).

(7) In subsections (5) and (6) above, “connected” means relating to the same victim and the same accident, injury or disease.

Miscellaneous

101 Persons in Northern Ireland

(1) Where, immediately before making a compensation payment to or in respect of a victim, the compensator—

(a) is not resident and does not have a place of business in Great Britain, but

(b) is resident or has a place of business in Northern Ireland,

this Part of this Act (other than this subsection and subsection (2) below) shall apply in relation to him as if at that time he were resident or had a place of business in the relevant part of Great Britain.

(2) Where, immediately before making a Northern Ireland compensation payment to or in respect of a Northern Ireland victim, a Northern Ireland compensator—

(a) is not resident and does not have a place of business in Northern Ireland, but

(b) is resident or has a place of business in any part of Great Britain,

the Northern Ireland provisions (other than subsection (1) above and this subsection) shall apply in relation to him as if at that time he were resident or had a place of business in Northern Ireland.

(3) Where an address in Northern Ireland is the first address notified in writing to the compensator by or on behalf of the victim as his residence (or, if the victim has died, by or on behalf of the intended recipient as the victim’s last residence) then—

(a) the compensator shall apply, as a Northern Ireland compensator, for a Northern Ireland certificate in accordance with the Northern Ireland provisions (and shall not make any separate application for a certificate of total benefit under this Part);

(b) any Northern Ireland certificate which is issued to the compensator in relation to the victim and the accident, injury or disease in question—

(i) shall contain a statement that it is to be treated as including a certificate of total benefit so issued by the Secretary of State and that any relevant payment required to be made to him by reference thereto is to be paid to the Northern Ireland Department as his agent; and

(ii) shall be taken to include such a certificate of total benefit; and

(c) any payment made by the compensator to the Northern Ireland Department in pursuance of such a Northern Ireland certificate shall be applied—

(i) first towards discharging his liability under the Northern Ireland provisions; and

(ii) then, as respects any remaining balance, towards discharging his liability under this Part,

in respect of the relevant victim and that accident, injury or disease.

(4) Where an address in any part of Great Britain is the first address notified in writing to a Northern Ireland compensator by or on behalf of a Northern Ireland victim as his residence (or, if the Northern Ireland victim has died, by or on behalf of the Northern Ireland intended recipient as the Northern Ireland victim’s last residence) then—

(a) the Northern Ireland compensator shall apply, as a compensator, for a certificate of total benefit in accordance with this Part of this Act (and shall not make any separate application for a Northern Ireland certificate under the Northern Ireland provisions);

(b) any certificate of total benefit which is issued to the Northern Ireland compensator in relation to the Northern Ireland victim and the accident, injury or disease in question—

(i) shall contain a statement that it is to be treated as including a Northern Ireland certificate so issued by the Northern Ireland Department and that any Northern Ireland relevant payment required to be made to that Department by reference thereto is to be paid to the Secretary of State as its agent; and

(ii) shall be taken to include such a Northern Ireland certificate; and

(c) any payment made by the Northern Ireland compensator to the Secretary of State in pursuance of such a certificate shall be applied—

(i) first towards discharging his liability under this Part of this Act; and

(ii) then, as respects any remaining balance, towards discharging his liability under the Northern Ireland provisions,

in respect of the relevant victim and that accident, injury or disease.

(5) For the purposes of subsection (1) above, “the relevant part of Great Britain”, in relation to a compensator, means—

(a) if the compensator has been notified in writing—

(i) by or on behalf of the victim, or

(ii) if the victim has died, by or on behalf of the intended recipient,

that the victim is or was at any time resident at an address in any part of Great Britain, that part of Great Britain (or, if more than one such notification has been given, the part in which he was so notified that the victim was most recently so resident); or

(b) in any other case, such part of Great Britain as the Secretary of State may determine in accordance with regulations.

(6) In this section—

• “Northern Ireland certificate” means a certificate of total benefit, within the meaning of the Northern Ireland provisions;

• “Northern Ireland compensation payment” means a compensation payment, within the meaning of the Northern Ireland provisions, and includes a payment which would be such a payment if the person making it were resident or had a place of business in Northern Ireland;

• “Northern Ireland compensator” means a compensator, within the meaning of the Northern Ireland provisions, and includes a person who would be such a compensator if he were resident or had a place of business in Northern Ireland;

• “the Northern Ireland intended recipient” means the intended recipient, within the meaning of the Northern Ireland provisions, in relation to a Northern Ireland compensation payment;

• “the Northern Ireland provisions” means—

  (a)

  any legislation corresponding to this Part (other than this section) and having effect in Northern Ireland; and

  (b)

  this section;

• “Northern Ireland relevant payment” means a relevant payment within the meaning of the Northern Ireland provisions;

• “Northern Ireland victim” means a person who is the victim, within the meaning of the Northern Ireland provisions, in relation to a Northern Ireland compensation payment;

• “the relevant victim” means the person who is the victim or the Northern Ireland victim (or both), as the case may be.

102 Foreign compensators: duties of intended recipient

(1) Where, immediately before the making of the compensation payment, the compensator is not resident and does not have a place of business in any part of the United Kingdom, any deduction, payment or other thing which would, apart from this section, fall to be made or done under this Part of this Act by the compensator shall instead be made or done by the intended recipient and references to the compensator shall be construed accordingly.

(2) The Secretary of State may by regulations make such provision as he considers expedient for the purpose of modifying this Part of this Act in its application in such a case.

103 Interest on damages: reductions in respect of relevant payments

In assessing the amount of interest payable in respect of an award of damages, the amount of the award shall be treated as reduced by a sum equal to the amount of the relevant payment (if any) required to be made in connection with the payment of the damages and—

(a) in England and Wales, if both special and general damages are awarded, any such reductions shall be treated as made first against the special damages and then, as respects any remaining balance, against the general damages; and

(b) in Scotland, if damages are awarded both for patrimonial loss and for solatium, any such reductions shall be treated as made first against the damages for patrimonial loss and then, as respects any remaining balance, against the damages for solatium.

104 The Crown

This Part of this Act applies in relation to the making of a compensation payment by the Crown as it applies in relation to the making of a compensation payment by any other compensator.

Part V Income Support and the Duty to Maintain

105 Failure to maintain - general

(1) If—

(a) any person persistently refuses or neglects to maintain himself or any person whom he is liable to maintain; and

(b) in consequence of his refusal or neglect income support is paid to or in respect of him or such a person,

he shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine of an amount not exceeding level 4 on the standard scale or to both.

(2) For the purposes of subsection (1) above a person shall not be taken to refuse or neglect to maintain himself or any other person by reason only of anything done or omitted in furtherance of a trade dispute.

(3) Subsections (6) to (9) of section 78 above shall have effect for the purposes of this Part of this Act as they have effect for the purposes of that section.

106 Recovery of expenditure on benefit from person liable for maintenance

(1) Subject to the following provisions of this section, if income support is claimed by or in respect of a person whom another person is liable to maintain or paid to or in respect of such a person, the Secretary of State may make a complaint against the liable person to a magistrates' court for an order under this section.

(2) On the hearing of a complaint under this section the court shall have regard to all the circumstances and, in particular, to the income of the liable person, and may order him to pay such sum, weekly or otherwise, as it may consider appropriate, except that in a case falling within section 78(6)(c) above that sum shall not include any amount which is not attributable to income support (whether paid before or after the making of the order).

(3) In determining whether to order any payments to be made in respect of income support for any period before the complaint was made, or the amount of any such payments, the court shall disregard any amount by which the liable person’s income exceeds the income which was his during that period.

(4) Any payments ordered to be made under this section shall be made—

(a) to the Secretary of State in so far as they are attributable to any income support (whether paid before or after the making of the order);

(b) to the person claiming income support or (if different) the dependant; or

(c) to such other person as appears to the court expedient in the interests of the dependant.

(5) An order under this section shall be enforceable as a magistrates' court maintenance order within the meaning of section 150(1) of the [1980 c. 43.] Magistrates' Courts Act 1980.

(6) In the application of this section to Scotland, subsection (5) above shall be omitted and for the references to a complaint and to a magistrates' court there shall be substituted respectively references to an application and to the sheriff.

(7) On an application under subsection (1) above a court in Scotland may make a finding as to the parentage of a child for the purpose of establishing whether a person is, for the purposes of section 105 above and this section, liable to maintain him.

107 Recovery of expenditure on income support: additional amounts and transfer of orders

(1) In any case where—

(a) the claim for income support referred to in section 106(1) above is or was made by the parent of one or more children in respect of both himself and those children; and

(b) the other parent is liable to maintain those children but, by virtue of not being the claimant’s husband or wife, is not liable to maintain the claimant,

the sum which the court may order that other parent to pay under subsection (2) of that section may include an amount, determined in accordance with regulations, in respect of any income support paid to or for the claimant by virtue of such provisions as may be prescribed.

(2) Where the sum which a court orders a person to pay under section 106 above includes by virtue of subsection (1) above an amount (in this section referred to as a “personal allowance element”) in respect of income support by virtue of paragraph 1(2) of Schedule 2 to the [S.I. 1987/1967.] Income Support (General) Regulations 1987 (personal allowance for lone parent) the order shall separately identify the amount of the personal allowance element.

(3) In any case where—

(a) there is in force an order under subsection (2) of section 106 above made against a person (“the liable parent”) who is the parent of one or more children, in respect of the other parent or the children; and

(b) payments under the order fall to be made to the Secretary of State by virtue of subsection (4)(a) of that section; and

(c) that other parent (“the dependent parent”) ceases to claim income support,

the Secretary of State may, by giving notice in writing to the court which made the order and to the liable parent and the dependent parent, transfer to the dependent parent the right to receive the payments under the order, exclusive of any personal allowance element, and to exercise the relevant rights in relation to the order, except so far as relating to that element.

(4) Notice under subsection (3) above shall not be given (and if purportedly given, shall be of no effect) at a time when there is in force a maintenance order made against the liable parent—

(a) in favour of the dependent parent or one or more of the children; or

(b) in favour of some other person for the benefit of the dependent parent or one or more of the children;

and if such a maintenance order is made at any time after notice under that subsection has been given, the order under section 106(2) above shall cease to have effect.

(5) In any case where—

(a) notice is given to a magistrates' court under subsection (3) above,

(b) payments under the order are required to be made by any method of payment falling within section 59(6) of the [1980 c. 43.] Magistrates' Courts Act 1980 (standing order, etc.), and

(c) the clerk to the justices for the petty sessions area for which the court is acting decides that payment by that method is no longer possible,

the clerk shall amend the order to provide that payments under the order shall be made by the liable parent to the clerk.

(6) Except as provided by subsections (8) and (12) below, where the Secretary of State gives notice under subsection (3) above, he shall cease to be entitled—

(a) to receive any payment under the o