SCHEDULES

Section 1.

SCHEDULE 1Substituted Part I of Schedule 1 to the Child Support Act 1991

“PART ICalculation of weekly amount of child support maintenance

General rule

1(1)The weekly rate of child support maintenance is the basic rate unless a reduced rate, a flat rate or the nil rate applies.

(2)Unless the nil rate applies, the amount payable weekly to a person with care is—

(a)the applicable rate, if paragraph 6 does not apply; or

(b)if paragraph 6 does apply, that rate as apportioned between the persons with care in accordance with paragraph 6,

as adjusted, in either case, by applying the rules about shared care in paragraph 7 or 8.

Basic rate

2(1)The basic rate is the following percentage of the non-resident parent’s net weekly income—

• 15% where he has one qualifying child;

• 20% where he has two qualifying children;

• 25% where he has three or more qualifying children.

(2)If the non-resident parent also has one or more relevant other children, the appropriate percentage referred to in sub-paragraph (1) is to be applied instead to his net weekly income less—

• 15% where he has one relevant other child;

• 20% where he has two relevant other children;

• 25% where he has three or more relevant other children.

Reduced rate

3(1)A reduced rate is payable if—

(a)neither a flat rate nor the nil rate applies; and

(b)the non-resident parent’s net weekly income is less than £200 but more than £100.

(2)The reduced rate payable shall be prescribed in, or determined in accordance with, regulations.

(3)The regulations may not prescribe, or result in, a rate of less than £5.

Flat rate

4(1)Except in a case falling within sub-paragraph (2), a flat rate of £5 is payable if the nil rate does not apply and—

(a)the non-resident parent’s net weekly income is £100 or less; or

(b)he receives any benefit, pension or allowance prescribed for the purposes of this paragraph of this sub-paragraph; or

(c)he or his partner (if any) receives any benefit prescribed for the purposes of this paragraph of this sub-paragraph.

(2)A flat rate of a prescribed amount is payable if the nil rate does not apply and—

(a)the non-resident parent has a partner who is also a non-resident parent;

(b)the partner is a person with respect to whom a maintenance calculation is in force; and

(c)the non-resident parent or his partner receives any benefit prescribed under sub-paragraph (1)(c).

(3)The benefits, pensions and allowances which may be prescribed for the purposes of sub-paragraph (1)(b) include ones paid to the non-resident parent under the law of a place outside the United Kingdom.

Nil rate

5The rate payable is nil if the non-resident parent—

(a)is of a prescribed description; or

(b)has a net weekly income of below £5.

Apportionment

6(1)If the non-resident parent has more than one qualifying child and in relation to them there is more than one person with care, the amount of child support maintenance payable is (subject to paragraph 7 or 8) to be determined by apportioning the rate between the persons with care.

(2)The rate of maintenance liability is to be divided by the number of qualifying children, and shared among the persons with care according to the number of qualifying children in relation to whom each is a person with care.

Shared care—basic and reduced rate

7(1)This paragraph applies only if the rate of child support maintenance payable is the basic rate or a reduced rate.

(2)If the care of a qualifying child is shared between the non-resident parent and the person with care, so that the non-resident parent from time to time has care of the child overnight, the amount of child support maintenance which he would otherwise have been liable to pay the person with care, as calculated in accordance with the preceding paragraphs of this Part of this Schedule, is to be decreased in accordance with this paragraph.

(3)First, there is to be a decrease according to the number of such nights which the Secretary of State determines there to have been, or expects there to be, or both during a prescribed twelve-month period.

(4)The amount of that decrease for one child is set out in the following Table—

(5)If the person with care is caring for more than one qualifying child of the non-resident parent, the applicable decrease is the sum of the appropriate fractions in the Table divided by the number of such qualifying children.

(6)If the applicable fraction is one-half in relation to any qualifying child in the care of the person with care, the total amount payable to the person with care is then to be further decreased by £7 for each such child.

(7)If the application of the preceding provisions of this paragraph would decrease the weekly amount of child support maintenance (or the aggregate of all such amounts) payable by the non-resident parent to the person with care (or all of them) to less than £5, he is instead liable to pay child support maintenance at the rate of £5 a week, apportioned (if appropriate) in accordance with paragraph 6.

Shared care—flat rate

8(1)This paragraph applies only if—

(a)the rate of child support maintenance payable is a flat rate; and

(b)that rate applies because the non-resident parent falls within paragraph 4(1)(b) or (c) or 4(2).

(2)If the care of a qualifying child is shared as mentioned in paragraph 7(2) for at least 52 nights during a prescribed 12-month period, the amount of child support maintenance payable by the non-resident parent to the person with care of that child is nil.

Regulations about shared care

9The Secretary of State may by regulations provide—

(a)for which nights are to count for the purposes of shared care under paragraphs 7 and 8, or for how it is to be determined whether a night counts;

(b)for what counts, or does not count, as “care” for those purposes; and

(c)for paragraph 7(3) or 8(2) to have effect, in prescribed circumstances, as if the period mentioned there were other than 12 months, and in such circumstances for the Table in paragraph 7(4) (or that Table as modified pursuant to regulations made under paragraph 10A(2)(a)), or the period mentioned in paragraph 8(2), to have effect with prescribed adjustments.

Net weekly income

10(1)For the purposes of this Schedule, net weekly income is to be determined in such manner as is provided for in regulations.

(2)The regulations may, in particular, provide for the Secretary of State to estimate any income or make an assumption as to any fact where, in his view, the information at his disposal is unreliable, insufficient, or relates to an atypical period in the life of the non-resident parent.

(3)Any amount of net weekly income (calculated as above) over £2,000 is to be ignored for the purposes of this Schedule.

Regulations about rates, figures, etc.

10A(1)The Secretary of State may by regulations provide that—

(a)paragraph 2 is to have effect as if different percentages were substituted for those set out there;

(b)paragraph 3(1) or (3), 4(1), 5, 7(7) or 10(3) is to have effect as if different amounts were substituted for those set out there.

(2)The Secretary of State may by regulations provide that—

(a)the Table in paragraph 7(4) is to have effect as if different numbers of nights were set out in the first column and different fractions were substituted for those set out in the second column;

(b)paragraph 7(6) is to have effect as if a different amount were substituted for that mentioned there, or as if the amount were an aggregate amount and not an amount for each qualifying child, or both.

Regulations about income

10BThe Secretary of State may by regulations provide that, in such circumstances and to such extent as may be prescribed—

(a)where the Secretary of State is satisfied that a person has intentionally deprived himself of a source of income with a view to reducing the amount of his net weekly income, his net weekly income shall be taken to include income from that source of an amount estimated by the Secretary of State;

(b)a person is to be treated as possessing income which he does not possess;

(c)income which a person does possess is to be disregarded.

References to various terms

10C(1)References in this Part of this Schedule to “qualifying children” are to those qualifying children with respect to whom the maintenance calculation falls to be made.

(2)References in this Part of this Schedule to “relevant other children” are to—

(a)children other than qualifying children in respect of whom the non-resident parent or his partner receives child benefit under Part IX of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992; and

(b)such other description of children as may be prescribed.

(3)In this Part of this Schedule, a person “receives” a benefit, pension, or allowance for any week if it is paid or due to be paid to him in respect of that week.

(4)In this Part of this Schedule, a person’s “partner” is—

(a)if they are a couple, the other member of that couple;

(b)if the person is a husband or wife by virtue of a marriage entered into under a law which permits polygamy, another party to the marriage who is of the opposite sex and is a member of the same household.

(5)In sub-paragraph (4)(a), “couple” means a man and a woman who are—

(a)married to each other and are members of the same household; or

(b)not married to each other but are living together as husband and wife.”.

Section 6.

SCHEDULE 2Substituted Schedules 4A and 4B to the 1991 Act

Part ISubstituted Schedule 4A

“SCHEDULE 4AApplications for a variation

Interpretation

1In this Schedule, “regulations” means regulations made by the Secretary of State.

Applications for a variation

2Regulations may make provision—

(a)as to the procedure to be followed in considering an application for a variation;

(b)as to the procedure to be followed when an application for a variation is referred to an appeal tribunal under section 28D(1)(b).

Completion of preliminary consideration

3Regulations may provide for determining when the preliminary consideration of an application for a variation is to be taken to have been completed.

Information

4If any information which is required (by regulations under this Act) to be furnished to the Secretary of State in connection with an application for a variation has not been furnished within such period as may be prescribed, the Secretary of State may nevertheless proceed to consider the application.

Joint consideration of applications for a variation and appeals

5(1)Regulations may provide for two or more applications for a variation with respect to the same application for a maintenance calculation to be considered together.

(2)In sub-paragraph (1), the reference to an application for a maintenance calculation includes an application treated as having been made under section 6.

(3)An appeal tribunal considering an application for a variation under section 28D(1)(b) may consider it at the same time as an appeal under section 20 in connection with an interim maintenance decision, if it considers that to be appropriate.”

Part IISubstituted Schedule 4B

“SCHEDULE 4BApplications for a variation: The Cases and Controls

Part IThe Cases

General

1(1)The cases in which a variation may be agreed are those set out in this Part of this Schedule or in regulations made under this Part.

(2)In this Schedule “applicant” means the person whose application for a variation is being considered.

Special expenses

2(1)A variation applied for by a non-resident parent may be agreed with respect to his special expenses.

(2)In this paragraph “special expenses” means the whole, or any amount above a prescribed amount, or any prescribed part, of expenses which fall within a prescribed description of expenses.

(3)In prescribing descriptions of expenses for the purposes of this paragraph, the Secretary of State may, in particular, make provision with respect to—

(a)costs incurred by a non-resident parent in maintaining contact with the child, or with any of the children, with respect to whom the application for a maintenance calculation has been made (or treated as made);

(b)costs attributable to a long-term illness or disability of a relevant other child (within the meaning of paragraph 10C(2) of Schedule 1);

(c)debts of a prescribed description incurred, before the non-resident parent became a non-resident parent in relation to a child with respect to whom the maintenance calculation has been applied for (or treated as having been applied for)—

(i)for the joint benefit of both parents;

(ii)for the benefit of any such child; or

(iii)for the benefit of any other child falling within a prescribed category;

(d)boarding school fees for a child in relation to whom the application for a maintenance calculation has been made (or treated as made);

(e)the cost to the non-resident parent of making payments in relation to a mortgage on the home he and the person with care shared, if he no longer has an interest in it, and she and a child in relation to whom the application for a maintenance calculation has been made (or treated as made) still live there.

(4)For the purposes of sub-paragraph (3)(b)—

(a)“disability” and “illness” have such meaning as may be prescribed; and

(b)the question whether an illness or disability is long-term shall be determined in accordance with regulations made by the Secretary of State.

(5)For the purposes of sub-paragraph (3)(d), the Secretary of State may prescribe—

(a)the meaning of “boarding school fees”; and

(b)components of such fees (whether or not itemised as such) which are, or are not, to be taken into account,

and may provide for estimating any such component.

Property or capital transfers

3(1)A variation may be agreed in the circumstances set out in sub-paragraph (2) if before 5th April 1993—

(a)a court order of a prescribed kind was in force with respect to the non-resident parent and either the person with care with respect to the application for the maintenance calculation or the child, or any of the children, with respect to whom that application was made; or

(b)an agreement of a prescribed kind between the non-resident parent and any of those persons was in force.

(2)The circumstances are that in consequence of one or more transfers of property of a prescribed kind and exceeding (singly or in aggregate) a prescribed minimum value—

(a)the amount payable by the non-resident parent by way of maintenance was less than would have been the case had that transfer or those transfers not been made; or

(b)no amount was payable by the non-resident parent by way of maintenance.

(3)For the purposes of sub-paragraph (2), “maintenance” means periodical payments of maintenance made (otherwise than under this Act) with respect to the child, or any of the children, with respect to whom the application for a maintenance calculation has been made.

Additional cases

4(1)The Secretary of State may by regulations prescribe other cases in which a variation may be agreed.

(2)Regulations under this paragraph may, for example, make provision with respect to cases where—

(a)the non-resident parent has assets which exceed a prescribed value;

(b)a person’s lifestyle is inconsistent with his income for the purposes of a calculation made under Part I of Schedule 1;

(c)a person has income which is not taken into account in such a calculation;

(d)a person has unreasonably reduced the income which is taken into account in such a calculation.

Part IIRegulatory Controls

5(1)The Secretary of State may by regulations make provision with respect to the variations from the usual rules for calculating maintenance which may be allowed when a variation is agreed.

(2)No variations may be made other than those which are permitted by the regulations.

(3)Regulations under this paragraph may, in particular, make provision for a variation to result in—

(a)a person’s being treated as having more, or less, income than would be taken into account without the variation in a calculation under Part I of Schedule 1;

(b)a person’s being treated as liable to pay a higher, or a lower, amount of child support maintenance than would result without the variation from a calculation under that Part.

(4)Regulations may provide for the amount of any special expenses to be taken into account in a case falling within paragraph 2, for the purposes of a variation, not to exceed such amount as may be prescribed or as may be determined in accordance with the regulations.

(5)Any regulations under this paragraph may in particular make different provision with respect to different levels of income.

6The Secretary of State may by regulations provide for the application, in connection with child support maintenance payable following a variation, of paragraph 7(2) to (7) of Schedule 1 (subject to any prescribed modifications).”

Section 26.

SCHEDULE 3Amendment of enactments relating to child support

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

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

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

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

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

2(1)Section 150A of the Air Force Act 1955 (enforcement of maintenance assessment by deductions from pay) shall be amended as follows.

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

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

The Matrimonial Causes Act 1973 (c. 18)

3(1)The Matrimonial Causes Act 1973 shall be amended as follows.

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

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

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

(c)in subsection (6)(b), for “maintenance assessments” there shall be substituted “maintenance calculations”; and

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

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

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

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

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

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

4(1)The Domestic Proceedings and Magistrates Courts Act 1978 shall be amended as follows.

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

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

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

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

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

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

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

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

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

5(1)The Family Law (Scotland) Act 1985 shall be amended as follows.

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

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

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

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

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

The Insolvency Act 1986 (c. 45)

6In section 281 of the Insolvency Act 1986 (effect of discharge on a bankrupt), in subsection (5)(b), for “maintenance assessment” there shall be substituted “maintenance calculation”.

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

7(1)The Debtors (Scotland) Act 1987 shall be amended as follows.

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

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

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

8(1)The Income and Corporation Taxes Act 1988 shall be amended as follows.

(2)In section 347B (qualifying maintenance payments)—

(a)in subsections (8) and (9)(a) and (c), for “maintenance assessment” there shall be substituted “maintenance calculation”;

(b)in subsection (9)(b) and (c), for “the assessment” there shall be substituted “the calculation”; and

(c)for subsection (11) there shall be substituted—

“(11)In this section “maintenance calculation” means a maintenance calculation made under the Child Support Act 1991 or a maintenance assessment made under the Child Support (Northern Ireland) Order 1991.”

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

The Finance Act 1988 (c. 39)

9In the Finance Act 1988, in each of subsection (5A) of section 36 (annual payments) and subsection (8A) of section 38 (maintenance payments under existing obligations: 1989-90 onwards), for “maintenance assessment made” there shall be substituted “maintenance calculation or maintenance assessment made respectively”.

The Children Act 1989 (c. 41)

10(1)Schedule 1 to the Children Act 1989 (financial provision for children) shall be amended as follows.

(2)In paragraph 3—

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

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

(c)in sub-paragraph (6)(b), for “maintenance assessments” there shall be substituted “maintenance calculations”; and

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

(3)In paragraph 6—

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

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

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

The Child Support Act 1991 (c. 48)

11(1)The 1991 Act shall be amended as follows.

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

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

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

(b)in subsection (9), after “an application” there shall be inserted “treated as made”.

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

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

“(b)no parent has been treated under section 6(3) as having applied for a maintenance calculation with respect to the child.”; and

(b)in subsection (10)—

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

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

(iii)at the end there shall be inserted “or

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

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

(a)in subsection (1), after “duly made” there shall be inserted “(or treated as made)”;

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

(c)for subsection (3A) there shall be substituted—

“(3A)Unless a maintenance calculation has been made with respect to the child concerned, subsection (3) does not prevent a court from varying a maintenance order in relation to that child and the non-resident parent concerned—

(a)if the maintenance order was made on or after the date prescribed for the purposes of section 4(10)(a) or 7(10)(a); or

(b)where the order was made before then, in any case in which section 4(10) or 7(10) prevents the making of an application for a maintenance calculation with respect to or by that child.”; and

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

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

(6)In section 9 (agreements about maintenance), in subsection (6), for paragraphs (a) and (b) there shall be substituted—

“(a)no parent has been treated under section 6(3) as having applied for a maintenance calculation with respect to the child; or

(b)a parent has been so treated but no maintenance calculation has been made,”.

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

(8)In section 26 (disputes about parentage), in subsection (1), after “made” there shall be inserted “or treated as made”.

(9)In section 27A (recovery of fees for scientific tests)—

(a)in subsection (1)(a), after “made” there shall be inserted “or treated as made”; and

(b)in subsection (1)(b), after “made” there shall be inserted “or, as the case may be, treated as made”.

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

(a)after “made”, where it first occurs, there shall be inserted “or treated as made”; and

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

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

(a)in paragraph (a), for the words “in relation to a maintenance assessment” there shall be substituted “or with respect to a reduced benefit decision under section 46”; and

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

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

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

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

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

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

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

(a)in subsection (1)(b)(i), at the end there shall be inserted “or one treated as having been so made, or under section 46 as to the reduction of benefit”;

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

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

(d)in subsection (3), after “liability” there shall be inserted “or the reduction of a person’s benefit”; and

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

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

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

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

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

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

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

“(6)Where regulations have been made under section 29(3)(a)—

(a)the liable person fails to make a payment (for the purposes of subsection (1)(a) of this section); and

(b)a payment is not paid (for the purposes of subsection (3)),

unless the payment is made to, or through, the person specified in or by virtue of those regulations for the case of the liable person in question.”

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

“(4)The provisions of this Act with respect to—

(a)the collection of child support maintenance;

(b)the enforcement of any obligation to pay child support maintenance,

shall apply equally (with any necessary modifications) to fees payable by virtue of regulations made under this section.”

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

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

“(ii)the making of decisions under section 11;

(iii)the making of decisions under section 16 or 17;”; and

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

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

(20)In section 54 (interpretation)—

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

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

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

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

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

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

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

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

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

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

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

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

(22)In Schedule 1 (maintenance assessments)—

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

(b)in paragraph 14 (which provides for consolidated applications and assessments), the existing text shall be sub-paragraph (1) of that paragraph, and after that sub-paragraph there shall be inserted—

“(2)In sub-paragraph (1), the references (however expressed) to applications for maintenance calculations include references to applications treated as made.”; and

(c)in paragraph 16 (which is about the termination of assessments)—

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

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

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

The Social Security Administration Act 1992 (c. 5)

12In section 7A of the Social Security Administration Act 1992 (sharing of functions as regards certain claims and information), in subsection (6)(a)—

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

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

The Child Support Act 1995 (c. 34)

13(1)The Child Support Act 1995 shall be amended as follows.

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

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

Prisoners' Earnings Act 1996 (c. 33)

14In section 1 of the Prisoners' Earnings Act 1996 (power to make deductions and impose levies), in subsection (4), in paragraph (d) of the definition of “net weekly earnings”, for “maintenance assessment” there shall be substituted “maintenance calculation”.

The Social Security Act 1998 (c. 14)

15(1)The Social Security Act 1998 shall be amended as follows.

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

“Reduction in accordance with reduced benefit decision

8A decision to reduce the amount of a person’s benefit in accordance with a reduced benefit decision (within the meaning of section 46 of the Child Support Act).”.

Section 31.

SCHEDULE 4Additional pension

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

“SCHEDULE 4AAdditional pension

Part IThe amount

1(1)The amount referred to in section 45(2)(c) above is to be calculated as follows—

(a)take for each tax year concerned the amount for the year which is found under the following provisions of this Schedule;

(b)add the amounts together;

(c)divide the sum of the amounts by the number of relevant years;

(d)the resulting amount is the amount referred to in section 45(2)(c) above, except that if the resulting amount is a negative one the amount so referred to is nil.

(2)For the purpose of applying sub-paragraph (1) above in the determination of the rate of any additional pension by virtue of section 39(1), 39C(1), 48A(4) or 48B(2) above, in a case where the deceased spouse died under pensionable age, the divisor used for the purposes of sub-paragraph (1)(c) above shall be whichever is the smaller of the alternative numbers referred to below (instead of the number of relevant years).

(3)The first alternative number is the number of tax years which begin after 5th April 1978 and end before the date when the entitlement to the additional pension commences.

(4)The second alternative number is the number of tax years in the period—

(a)beginning with the tax year in which the deceased spouse attained the age of 16 or, if later, 1978-79; and

(b)ending immediately before the tax year in which the deceased spouse would have attained pensionable age if he had not died earlier.

(5)For the purpose of applying sub-paragraph (1) above in the determination of the rate of any additional pension by virtue of section 48BB(5) above, in a case where the deceased spouse died under pensionable age, the divisor used for the purposes of sub-paragraph (1)(c) above shall be whichever is the smaller of the alternative numbers referred to below (instead of the number of relevant years).

(6)The first alternative number is the number of tax years which begin after 5th April 1978 and end before the date when the deceased spouse dies.

(7)The second alternative number is the number of tax years in the period—

(a)beginning with the tax year in which the deceased spouse attained the age of 16 or, if later, 1978-79; and

(b)ending immediately before the tax year in which the deceased spouse would have attained pensionable age if he had not died earlier.

(8)In this paragraph “relevant year” has the same meaning as in section 44 above.

Part IISurplus earnings factor

2(1)This Part of this Schedule applies if for the tax year concerned there is a surplus in the pensioner’s earnings factor.

(2)The amount for the year is to be found as follows—

(a)calculate the part of the surplus for that year falling into each of the bands specified in the appropriate table below;

(b)multiply the amount of each such part in accordance with the last order under section 148 of the Administration Act to come into force before the end of the final relevant year;

(c)multiply each amount found under paragraph (b) above by the percentage specified in the appropriate table in relation to the appropriate band;

(d)add together the amounts calculated under paragraph (c) above.

(3)The appropriate table for persons attaining pensionable age after the end of the first appointed year but before 6th April 2009 is as follows—

(4)The appropriate table for persons attaining pensionable age on or after 6th April 2009 is as follows—

(5)Regulations may provide, in relation to persons attaining pensionable age after such date as may be prescribed, that the amount found under this Part of this Schedule for the second appointed year or any subsequent tax year is to be calculated using only so much of the surplus in the pensioner’s earnings factor for that year as falls into Band 1 in the table in sub-paragraph (4) above.

(6)For the purposes of the tables in this paragraph—

(a)the value of N is 0.5 for each tax year by which the tax year in which the pensioner attained pensionable age precedes 2009-10;

(b)“LET” means the low earnings threshold for that year as specified in section 44A above;

(c)“QEF” means the qualifying earnings factor for the tax year concerned.

(7)In the calculation of “2QEF” the amount produced by doubling QEF shall be rounded to the nearest whole £100 (taking any amount of £50 as nearest to the previous whole £100).

(8)In this paragraph “final relevant year” has the same meaning as in section 44 above.

Part IIIContracted-out employment etc

Introduction

3(1)This Part of this Schedule applies if the following condition is satisfied in relation to each tax week in the tax year concerned.

(2)The condition is that any earnings paid to or for the benefit of the pensioner in the tax week in respect of employment were in respect of employment qualifying him for a pension provided by a salary related contracted-out scheme or by a money purchase contracted-out scheme or by an appropriate personal pension scheme.

(3)If the condition is satisfied in relation to one or more tax weeks in the tax year concerned, Part II of this Schedule does not apply in relation to the year.

The amount

4The amount for the year is amount C where—

(a)amount C is equal to amount A minus amount B, and

(b)amounts A and B are calculated as follows.

Amount A

5(1)Amount A is to be calculated as follows.

(2)If there is an assumed surplus in the pensioner’s earnings factor for the year—

(a)calculate the part of the surplus for that year falling into each of the bands specified in the appropriate table below;

(b)multiply the amount of each such part in accordance with the last order under section 148 of the Administration Act to come into force before the end of the final relevant year;

(c)multiply each amount found under paragraph (b) above by the percentage specified in the appropriate table in relation to the appropriate band;

(d)add together the amounts calculated under paragraph (c) above.

(3)The appropriate table for persons attaining pensionable age after the end of the first appointed year but before 6th April 2009 is as follows—

(4)The appropriate table for persons attaining pensionable age on or after 6th April 2009 is as follows—

Amount B (first case)

6(1)Amount B is to be calculated in accordance with this paragraph if the pensioner’s employment was entirely employment qualifying him for a pension provided by a salary related contracted-out scheme or by a money purchase contracted-out scheme.

(2)If there is an assumed surplus in the pensioner’s earnings factor for the year—

(a)multiply the amount of the assumed surplus in accordance with the last order under section 148 of the Administration Act to come into force before the end of the final relevant year;

(b)multiply the amount found under paragraph (a) above by the percentage specified in sub-paragraph (3) below.

(3)The percentage is—

(a)20 + N if the person attained pensionable age after the end of the first appointed year but before 6th April 2009;

(b)20 if the person attained pensionable age on or after 6th April 2009.

Amount B (second case)

7(1)Amount B is to be calculated in accordance with this paragraph if the pensioner’s employment was entirely employment qualifying him for a pension provided by an appropriate personal pension scheme.

(2)If there is an assumed surplus in the pensioner’s earnings factor for the year—

(a)calculate the part of the surplus for that year falling into each of the bands specified in the appropriate table below;

(b)multiply the amount of each such part in accordance with the last order under section 148 of the Administration Act to come into force before the end of the final relevant year;

(c)multiply each amount found under paragraph (b) above by the percentage specified in the appropriate table in relation to the appropriate band;

(d)add together the amounts calculated under paragraph (c) above.

(3)The appropriate table for persons attaining pensionable age after the end of the first appointed year but before 6th April 2009 is as follows—

(4)The appropriate table for persons attaining pensionable age on or after 6th April 2009 is as follows—

Interpretation

8(1)In this Part of this Schedule “salary related contracted-out scheme”, “money purchase contracted-out scheme” and “appropriate personal pension scheme” have the same meanings as in the Pension Schemes Act 1993.

(2)For the purposes of this Part of this Schedule the assumed surplus in the pensioner’s earnings factor for the year is the surplus there would be in that factor for the year if section 48A(1) of the Pension Schemes Act 1993 (no primary Class 1 contributions deemed to be paid) did not apply in relation to any tax week falling in the year.

(3)Section 44A above shall be ignored in applying section 44(6) above for the purpose of calculating amount B.

(4)For the purposes of this Part of this Schedule—

(a)the value of N is 0.5 for each tax year by which the tax year in which the pensioner attained pensionable age precedes 2009-10;

(b)“LET” means the low earnings threshold for that year as specified in section 44A above;

(c)“QEF” is the qualifying earnings factor for the tax year concerned.

(5)In the calculation of “2QEF” the amount produced by doubling QEF shall be rounded to the nearest whole £100 (taking any amount of £50 as nearest to the previous whole £100).

(6)In this Part of this Schedule “final relevant year” has the same meaning as in section 44 above.

Part IVOther cases

9The Secretary of State may make regulations containing provisions for finding the amount for a tax year in—

(a)cases where the circumstances relating to the pensioner change in the course of the year;

(b)such other cases as the Secretary of State thinks fit.”

Section 56.

SCHEDULE 5Pensions: miscellaneous amendments and alternative to anti-franking rules

Part IMiscellaneous amendments

Guaranteed minimum for widows and widowers

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

“(4A)The scheme must provide for the widow or widower’s pension to be payable to the widow or widower—

(a)for any period for which a Category B retirement pension is payable to the widow or widower by virtue of the earner’s contributions or would be so payable but for section 43(1) of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992 (persons entitled to more than one retirement pension);

(b)for any period for which widowed parent’s allowance or bereavement allowance is payable to the widow or widower by virtue of the earner’s contributions; and

(c)in the case of a widow or widower whose entitlement by virtue of the earner’s contributions to a widowed parent’s allowance or bereavement allowance has come to an end at a time after the widow or widower attained the age of 45, for so much of the period beginning with the time when the entitlement came to an end as neither—

(i)comprises a period during which the widow or widower and a person of the opposite sex are living together as husband and wife; nor

(ii)falls after the time of any remarriage by the widow or widower.”

(2)In subsection (5) of that section—

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

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

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

Transfer of rights to overseas personal pension schemes

2(1)In section 20(1) of the 1993 Act (power to make provision for transfer of rights relating to guaranteed minimum pensions to an occupational or a personal pension scheme)—

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

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

(2)In section 28(2)(b) of that Act (effect may be given to protected rights by a transfer to an occupational or personal pension scheme)—

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

(b)in sub-paragraph (ii), for “or to an occupational pension scheme” there shall be substituted “, to an occupational pension scheme or to an overseas arrangement”.

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

““overseas arrangement” means a scheme or arrangement which—

(a)has effect, or is capable of having effect, so as to provide benefits on termination of employment or on death or retirement to or in respect of earners;

(b)is administered wholly or primarily outside Great Britain;

(c)is not an appropriate scheme; and

(d)is not an occupational pension scheme;”.

Protected rights

3(1)Section 28 of the 1993 Act (ways of giving effect to protected rights) shall be amended as follows.

(2)In subsection (4) (giving effect to protected rights at or after retirement age), for paragraph (d) there shall be substituted—

“(d)the amount of the lump sum is equal to the value on that date of the protected rights to which effect is being given.”

(3)After that subsection there shall be inserted—

“(4A)Subject to subsection (4B), in the case of an occupational pension scheme, effect may be given to protected rights by the provision of a lump sum if—

(a)the trustees or managers of the scheme are satisfied that the member is terminally ill and likely to die within the period of twelve months beginning with the date on which the lump sum becomes payable; and

(b)the amount of the lump sum is equal to the value on that date of the protected rights to which effect is being given.

(4B)The value of the protected rights to which effect may be given under subsection (4A) in a case in which the member is a married person on the date on which the lump sum becomes payable shall not exceed one half of the value on that date of all the member’s protected rights.”

(4)In subsections (3) and (5), for “or (4)”, in each case, there shall be substituted “, (4) or (4A)”.

Review and alteration of rates of contribution

4In section 42(1)(a)(i) and (3) of the 1993 Act (review of percentages mentioned in section 41), for “41(1A)(a) and (b)” there shall be substituted “41(1A) and (1B)”.

Contributions equivalent premiums: Great Britain

5(1)For subsection (4) of section 58 of the 1993 Act (calculation of contributions equivalent premiums) there shall be substituted—

“(4)Subject to subsection (4A), the amount of the contributions equivalent premium shall be equal to the sum of the following amounts—

(a)the amount of every reduction made under section 41 (as from time to time in force) in the amount of Class 1 contributions payable in respect of the earner’s employment in employment which was contracted-out by reference to the scheme; and

(b)the total amount by which the reductions falling within paragraph (a) would have been larger if the amount of the contributions falling to be reduced had in each case been at least equal to the amount of the reduction of those contributions provided for by section 41.

(4A)The amounts brought into account in accordance with subsection (4)(b) shall not include any amount which, by virtue of regulations made under section 41(1D) so as to avoid the payment of trivial or fractional amounts, is an amount that was not payable by the Inland Revenue to the secondary contributor.”

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

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

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

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

Contributions equivalent premiums: Northern Ireland

6(1)For subsection (4) of section 54 of the [1993 c. 49.] Pension Schemes (Northern Ireland) Act 1993 (calculation of contributions equivalent premiums) there shall be substituted—

“(4)Subject to subsection (4A), the amount of the contributions equivalent premium shall be equal to the sum of the following amounts—

(a)the amount of every reduction made under section 37 (as from time to time in force) in the amount of Class 1 contributions payable in respect of the earner’s employment in employment which was contracted-out by reference to the scheme; and

(b)the total amount by which the reductions falling within paragraph (a) would have been larger if the amount of the contributions falling to be reduced had in each case been at least equal to the amount of the reduction of those contributions provided for by section 37.

(4A)The amounts brought into account in accordance with subsection (4)(b) shall not include any amount which, by virtue of regulations made under section 37(1D) so as to avoid the payment of trivial or fractional amounts, is an amount that was not payable by the Inland Revenue to the secondary contributor.”

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

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

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

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

Use of cash equivalent for annuity

7Section 95(4) of the 1993 Act (cash equivalent of rights under a money purchase contracted-out scheme not to be used for purchase of annuity) shall cease to have effect.

Transfer values where pension in payment

8(1)In section 97(2) of the 1993 Act (regulations about calculation of cash equivalents), for the “and” at the end of paragraph (a) there shall be substituted—

“(aa)for a cash equivalent, including a guaranteed cash equivalent, to be reduced so as to take account of the extent (if any) to which an entitlement has arisen under the scheme to the present payment of the whole or any part of—

(i)any pension; or

(ii)any benefit in lieu of pension;

and”.

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

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

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

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

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

Information about contracting-out

9For section 156 of the 1993 Act (provision of information as to guaranteed minimum pensions) there shall be substituted—

“156Information for purposes of contracting-out

(1)The Secretary of State or the Inland Revenue may give to the trustees or managers of an occupational pension scheme or appropriate scheme such information as appears to the Secretary of State or Inland Revenue appropriate to give to them for the purpose of enabling them to comply with their obligations under Part III.

(2)The Secretary of State or Inland Revenue may also give to such persons as may be prescribed any information that they could give under subsection (1) to trustees or managers of a scheme.”

Register of disqualified trustees

10(1)In subsection (7) of section 30 of the 1995 Act (disclosure of contents of register of disqualified trustees), for the words from “and” onwards there shall be substituted “but the arrangements made by the Authority for the register must secure that the contents of the register are not disclosed or otherwise made available to members of the public except in accordance with section 30A.”

(2)After that subsection there shall be inserted—

“(8)Nothing in subsection (7) requires the Authority to exclude any matter from a report published under section 103.”

(3)After that section there shall be inserted—

“30AAccessibility of register of disqualified trustees

(1)The Authority shall make arrangements that secure that the disqualification register is open, during the normal working hours of the Authority, for inspection in person and without notice at—

(a)the principal office used by them for the carrying out of their functions under this Act; and

(b)such other offices (if any) of theirs as they consider to be places where it would be reasonable for a copy of the register to be kept open for inspection.

(2)If a request is made to the Authority—

(a)to state whether a particular person identified in the request is a person appearing in the disqualification register as disqualified in respect of a scheme specified in the request, or

(b)to state whether a particular person identified in the request is a person appearing in that register as disqualified in respect of all trust schemes,

it shall be the duty of the Authority promptly to comply with the request in such manner as they consider reasonable.

(3)The Authority may, in such manner as they think fit, publish a summary of the disqualification register if (subject to subsections (6) to (8)) the summary—

(a)contains all the information described in subsection (4);

(b)arranges that information in the manner described in subsection (5);

(c)does not (except by identifying a person as disqualified in respect of all trust schemes) identify any of the schemes in respect of which persons named in the summary are disqualified; and

(d)does not disclose any other information contained in the register.

(4)That information is—

(a)the full names and titles, so far as the Authority have a record of them, of all the persons appearing in the register as persons who are disqualified;

(b)the dates of birth of such of those persons as are persons whose dates of birth are matters of which the Authority have a record; and

(c)in the case of each person whose name is included in the published summary, whether that person appears in the register—

(i)as disqualified in respect of only one scheme;

(ii)as disqualified in respect of two or more schemes but not in respect of all trust schemes; or

(iii)as disqualified in respect of all trust schemes.

(5)For the purposes of paragraph (c) of subsection (4), the information contained in the published summary must be arranged in three separate lists, one for each of the descriptions of disqualification specified in the three sub-paragraphs of that paragraph.

(6)The Authority shall ensure, in the case of any published summary, that a person is not identified in the summary as a disqualified person if it appears to them that the determination by virtue of which that person appears in the register—

(a)is the subject of any pending review, appeal or legal proceedings which could result in that person’s removal from the register; or

(b)is a determination which might still become the subject of any such review, appeal or proceedings.

(7)The Authority shall ensure, in the case of any published summary, that the particulars relating to a person do not appear in a particular list mentioned in subsection (5) if it appears to them that a determination by virtue of which that person’s particulars would appear in that list—

(a)is the subject of any pending review, appeal or legal proceedings which could result in such a revocation or other overturning of a disqualification of that person as would require his particulars to appear in a different list; or

(b)is a determination which might still become the subject of any such review, appeal or proceedings.

(8)Where subsection (7) prevents a person’s particulars from being included in a particular list in the published summary, they shall be included, instead, in the list in which they would have been included if the disqualification to which the review, appeal or proceedings relate had already been revoked or otherwise overturned.

(9)For the purposes of this section a determination is one which might still become the subject of a review, appeal or proceedings if, and only if, in the case of that determination—

(a)the time for the making of an application for a review, or for the bringing of an appeal or other proceedings, has not expired; and

(b)there is a reasonable likelihood that such an application might yet be made, or that such an appeal or such proceedings might yet be brought.

(10)In this section—

• “the disqualification register” means the register kept by the Authority under section 30(7); and

• “name”, in relation to a person any of whose names is recorded by the Authority as an initial, means that initial.”

Conditions of payment of surplus to employer

11(1)Section 37 of the 1995 Act (payment of surplus to employer) shall be amended as follows.

(2)For paragraph (d) of subsection (4) (conditions of payment of surplus) there shall be substituted—

“(d)the annual rates of the pensions under the scheme are increased, at intervals of not more than twelve months, by at least the relevant percentage,”.

(3)After subsection (5) there shall be inserted—

“(5A)For the purposes of subsection (4)(d), the relevant percentage is the percentage which, for the purposes of the increases of the annual rates of the pensions under the scheme—

(a)falls to be computed by reference to a period which, except in the case of the first increase—

(i)begins with the end of the period by reference to which the last preceding increase was made; and

(ii)ends with a date which falls after the date of the last preceding increase;

and

(b)is equal to whichever is the lesser of—

(i)the percentage increase in the retail prices index over the period by reference to which the increase is made; and

(ii)the equivalent over that period of 5 per cent. per annum.”

(4)In subsection (6) (interpretation of section), for the words from the beginning to the end of paragraph (a) there shall be substituted—

“(6)In this section—

(a)“annual rate” has the same meaning as in section 54, and”.

(5)The preceding provisions of this paragraph have effect in relation to payments made to an employer at any time after the commencement of this paragraph.

Duties relating to statements of contributions

12(1)In section 41 of the 1995 Act (provision of documents for members), for subsection (5) there shall be substituted—

“(5)Regulations may in the case of occupational pension schemes provide for—

(a)prescribed persons,

(b)persons with prescribed qualifications or experience, or

(c)persons approved by the Secretary of State,

to act for the purposes of subsection (2) instead of scheme auditors or actuaries.

(5A)Regulations may impose duties on the trustees or managers of an occupational pension scheme to disclose information to, and make documents available to, a person acting under subsection (5).

(5B)If any duty imposed under subsection (5A) is not complied with, sections 3 and 10 apply to any trustee, and section 10 applies to any manager, who has failed to take all such steps as are reasonable to secure compliance.”

(2)In section 49 of that Act, in subsection (9) (duties in event of employer’s failure to pay contributions in prescribed period), after paragraph (b) there shall be inserted “; and

(c)except in prescribed circumstances, any person acting instead of an auditor for the purposes of section 41(2)(b) in relation to the scheme must give notice of the failure, within the prescribed period, to the Authority.”

(3)In that section, there shall be inserted after subsection (10)—

“(10A)Section 10 applies to a person who fails to comply with subsection (9)(c).”

(4)In section 88 of that Act (payment schedule to money purchase schemes: supplementary), after subsection (4) there shall be inserted—

“(5)Except in prescribed circumstances, any person acting instead of an auditor for the purposes of section 41(2)(b) in relation to an occupational pension scheme to which section 87 applies must, where any amounts payable in accordance with the payment schedule have not been paid on or before the due date, give notice of that fact, within the prescribed period, to the Authority.

(6)Section 10 applies to a person so acting who fails to comply with subsection (5).”

Interpretation of Part I

13In this Part of this Schedule—

• “the 1993 Act” means the [1993 c. 48.] Pension Schemes Act 1993; and

• “the 1995 Act” means the [1995 c. 26.] Pensions Act 1995.

Part IIAlternative to anti-franking rules

Cases in which alternative applies

14(1)Subject to the following provisions of this paragraph, this Part of this Schedule applies, instead of Chapter III of Part IV of the 1993 Act (anti-franking rules), in the case of a person (“the pensioner”) who is entitled to benefits under any occupational pension scheme if the benefits to which he is entitled under the scheme include a guaranteed minimum pension.

(2)This Part of this Schedule does not apply in the pensioner’s case, instead of Chapter III of Part IV of the 1993 Act, unless—

(a)the pensioner is a member of the scheme who, in relation to that scheme, left pensionable service after the coming into force of this Part of this Schedule;

(b)the pensioner is the widow or widower of a member of the scheme whose pensionable service ended (by death or otherwise) after the coming into force of this Part of this Schedule; or

(c)sub-paragraph (3) applies to the benefits to which the pensioner is entitled under the scheme.

(3)This sub-paragraph applies to the benefits to which the pensioner is entitled under the scheme if—

(a)the time at which the benefits first become payable is after the coming into force of this Part of this Schedule;

(b)the benefits do not first become payable in respect of the death of a member of the scheme to whom benefits had already become payable under the scheme before the coming into force of this Part of this Schedule; and

(c)the trustees or managers of the scheme have elected, in the prescribed manner, that this Part of this Schedule should apply to benefits first becoming payable under the scheme after the coming into force of this Part of this Schedule.

(4)This Part of this Schedule does not apply in the pensioner’s case (and, accordingly, Chapter III of Part IV of the 1993 Act does) if the scheme is a scheme of a prescribed description, unless the trustees or managers of the scheme have elected, in the prescribed manner, that this Part of this Schedule should apply in the case of the scheme.

(5)An election for the purposes of any provision of this paragraph—

(a)shall not be exercisable differently in relation to different members of the scheme; and

(b)once exercised, shall be irrevocable.

Alternative rules

15(1)Where this Part of this Schedule applies in the pensioner’s case, the amount of the benefits to which he is entitled under the scheme shall not be less than the amount of the benefits to which he would have been entitled under the scheme if his entitlement fell to be calculated by the method set out in sub-paragraph (2).

(2)That method is as follows—

• Step 1: compute the amount of any benefits consisting in the guaranteed minimum pension to which the pensioner is entitled;

• Step 2: compute what would have been the amount of those benefits on the assumptions set out in sub-paragraph (3);

• Step 3: determine the extent (if any) to which attributing an amount of benefits equal to the amount computed in accordance with Step 2 to rights accruing before 6th April 1997 would leave any such rights unused;

• Step 4: compute, in accordance with sub-paragraph (4), the amount of such of the benefits to which the pensioner is entitled under the scheme as are attributable to rights accruing before 6th April 1997 (if any) which, applying the determination in Step 3, would be left unused after the attribution of the amount mentioned in that Step to rights so accruing;

• Step 5: compute the amount resulting, on the required assumption, from the application of the statutory revaluations and increases in the case of the benefits computed in accordance with Step 4;

• Step 6: compute, in accordance with sub-paragraph (4), the amount of such of the benefits to which the pensioner is entitled under the scheme as are attributable to rights accruing on or after 6th April 1997;

• Step 7: compute the amount resulting, on the required assumption, from the application of the statutory revaluations and increases in the case of the benefits computed in accordance with Step 6;

• Step 8: aggregate the results of Steps 1, 5 and 7 to give the minimum benefits required by sub-paragraph (1).

(3)The assumptions referred to in Step 2 in sub-paragraph (2) are—

(a)that no increases are required to be made in accordance with section 15 or 109 of the 1993 Act (deferment increases and indexation);

(b)that increases in accordance with section 16(1) of that Act (revaluation of earnings factors for early leavers) of any earner’s earnings factors are to be calculated as if references to the final relevant year were references to whichever is the earlier of—

(i)the final relevant tax year; and

(ii)the tax year immediately preceding that in which the member in question left service that qualified him for salary-related benefits under the scheme; and

(c)that no increases in accordance with any provision included in the scheme by virtue of section 16(3) of that Act (increases of weekly equivalent for person leaving contracted-out service before final relevant year) are to be made for any year after the tax year immediately preceding that in which the member in question left service that qualified him for salary-related benefits under the scheme.

(4)For the purposes of Steps 4 and 6 in sub-paragraph (2)—

(a)if (apart from this sub-paragraph) there would be a difference between the two Steps in the level of salary taken as the level by reference to which any salary-related benefits are to be computed, the level used for Step 4 must be no lower than that used for Step 6; and

(b)statutory revaluations and increases shall not be attributed to rights accruing at any time.

(5)For the purposes of Steps 5 and 7 in sub-paragraph (2), the required assumption is that the benefits in whose case the statutory revaluations and increases are applied comprise a whole pension deriving from the rights to which they are taken to be attributable for the purposes of Step 4 or, as the case may be, Step 6.

(6)Subject to sub-paragraph (7), references in this paragraph to the statutory revaluations and increases are references to—

(a)the revaluations required to be made in accordance with Chapter II of Part IV of the 1993 Act (revaluation of accrued benefits); and

(b)the increases required to be made by virtue of section 51 of the 1995 Act (indexation).

(7)For the purpose of applying the statutory revaluations and increases for the purposes of Steps 5 and 7 in sub-paragraph (2)—

(a)money may be used in a way allowed by section 110(1) of the 1993 Act (use of money to pay guaranteed minimum pension increase for subsequent year); and

(b)any deductions authorised by section 53(1) or (2) of the 1995 Act (permitted deductions from statutory increases) may be made.

(8)In this paragraph “the pensioner” has the meaning given by paragraph 14.

(9)Any reference in this paragraph to a provision of the 1993 Act includes a reference to any enactment re-enacted in that provision.

Relationship between alternative rules and other rules

16(1)Paragraph 15 shall not apply to benefits consisting in an alternative to a short service benefit provided for under section 73(2)(b) of the 1993 Act, except to the extent that—

(a)that paragraph would apply for the computation of the short service benefit to which those benefits are an alternative; and

(b)the amount of any of the alternative benefits falls to be computed wholly or partly by reference to the value of what would have been the short service benefit.

(2)Section 94 of the 1993 Act (right to cash equivalent) shall have effect as if the provisions of this Part of this Schedule were included for the purposes of that section in the applicable rules.

(3)Subject to sub-paragraph (4), the preceding provisions of this Part of this Schedule override any provision of an occupational pension scheme with which they are inconsistent except a provision which, under subsection (3) of section 129 of the 1993 Act, is a protected provision for the purposes of subsection (2) of that section.

(4)The preceding provisions of this Part of this Schedule shall be without prejudice to any person’s entitlement to exercise—

(a)any right of commutation, forfeiture or surrender of the whole or any part of any benefits computed in accordance with this Part of this Schedule;

(b)any charge or lien on the whole or any part of any such benefits; or

(c)any right of set-off against the whole or any part of any such benefits;

and, accordingly, the computations to be done under paragraph 15 shall be done disregarding anything falling within any of paragraphs (a) to (c).

Supplemental

17(1)In this Part of this Schedule references to rights accruing to a member of a scheme before 6th April 1997 include references—

(a)in relation to salary-related benefits, to rights accruing at any time in respect of service before that date; and

(b)in relation to benefits of any description, to rights that derive from any transfer of accrued rights or transfer payment and represent rights accruing under any other scheme before that date;

and a reference in this Part of this Schedule to rights accruing on or after that date shall be construed accordingly.

(2)For the purposes of this Part of this Schedule rights to money purchase benefits that are attributable to payments in respect of employment are rights accruing before 6th April 1997 in so far only as that employment was employment carried on before that date; and a reference in this Part of this Schedule to rights accruing on or after that date shall be construed accordingly.

(3)In this Part of this Schedule—

• “the 1993 Act” means the [1993 c. 48.] Pension Schemes Act 1993;

• “the 1995 Act” means the [1995 c. 26.] Pensions Act 1995; and

• “salary-related benefits” means benefits that are not money purchase benefits.

(4)Expressions defined for the purposes of the 1993 Act have the same meanings in this Part of this Schedule as they have in that Act.

(5)Any power of the Secretary of State to make regulations under this Part of this Schedule shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6)The Secretary of State may by order make such modifications of paragraphs 14 to 16 as he considers appropriate.

(7)An order under sub-paragraph (6) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(8)Subsections (2) to (5) of section 182 of the 1993 Act (supplemental provision in connection with powers to make subordinate legislation under that Act) shall apply—

(a)to any power of the Secretary of State to make regulations under this Part of this Schedule, and

(b)to the power of the Secretary of State to make an order under sub-paragraph (6),

as they apply to his powers to make regulations and orders under that Act.

(9)In section 178(a) of the 1993 Act (regulations providing for who is to be treated as a manager of a scheme), for the words from “or Part III” to “1999” there shall be substituted “, Part III or IV of the [1999 c. 30.] Welfare Reform and Pensions Act 1999 or Part II of Schedule 5 to the [1999 c. 30.] Child Support, Pensions and Social Security Act 2000”.

Section 67.

SCHEDULE 6Social security investigation powers

Preliminary

1Part VI of the [1992 c. 5.] Social Security Administration Act 1992 (enforcement) shall be amended as follows.

Replacement for inspector’s powers

2The following sections shall be substituted for section 110 (appointment and powers of inspectors)—

“109AAuthorisations for investigators

(1)An individual who for the time being has the Secretary of State’s authorisation for the purposes of this Part shall be entitled, for any one or more of the purposes mentioned in subsection (2) below, to exercise any of the powers which are conferred on an authorised officer by sections 109B and 109C below.

(2)Those purposes are—

(a)ascertaining in relation to any case whether a benefit is or was payable in that case in accordance with any provision of the relevant social security legislation;

(b)investigating the circumstances in which any accident, injury or disease which has given rise, or may give rise, to a claim for—

(i)industrial injuries benefit, or

(ii)any benefit under any provision of the relevant social security legislation,

occurred or may have occurred, or was or may have been received or contracted;

(c)ascertaining whether provisions of the relevant social security legislation are being, have been or are likely to be contravened (whether by particular persons or more generally);

(d)preventing, detecting and securing evidence of the commission (whether by particular persons or more generally) of benefit offences.

(3)An individual has the Secretary of State’s authorisation for the purposes of this Part if, and only if, the Secretary of State has granted him an authorisation for those purposes and he is—

(a)an official of a Government department;

(b)an individual employed by an authority administering housing benefit or council tax benefit;

(c)an individual employed by an authority or joint committee that carries out functions relating to housing benefit or council tax benefit on behalf of the authority administering that benefit; or

(d)an individual employed by a person authorised by or on behalf of any such authority or joint committee as is mentioned in paragraph (b) or (c) above to carry out functions relating to housing benefit or council tax benefit for that authority or committee.

(4)An authorisation granted for the purposes of this Part to an individual of any of the descriptions mentioned in subsection (3) above—

(a)must be contained in a certificate provided to that individual as evidence of his entitlement to exercise powers conferred by this Part;

(b)may contain provision as to the period for which the authorisation is to have effect; and

(c)may restrict the powers exercisable by virtue of the authorisation so as to prohibit their exercise except for particular purposes, in particular circumstances or in relation to particular benefits or particular provisions of the relevant social security legislation.

(5)An authorisation granted under this section may be withdrawn at any time by the Secretary of State.

(6)Where the Secretary of State grants an authorisation for the purposes of this Part to an individual employed by a local authority, or to an individual employed by a person who carries out functions relating to housing benefit or council tax benefit on behalf of a local authority—

(a)the Secretary of State and the local authority shall enter into such arrangements (if any) as they consider appropriate with respect to the carrying out of functions conferred on that individual by or in connection with the authorisation granted to him; and

(b)the Secretary of State may make to the local authority such payments (if any) as he thinks fit in respect of the carrying out by that individual of any such functions.

(7)The matters on which a person may be authorised to consider and report to the Secretary of State under section 139A below shall be taken to include the carrying out by any such individual as is mentioned in subsection (3)(b) to (d) above of any functions conferred on that individual by virtue of any grant by the Secretary of State of an authorisation for the purposes of this Part.

(8)The powers conferred by sections 109B and 109C below shall be exercisable in relation to persons holding office under the Crown and persons in the service of the Crown, and in relation to premises owned or occupied by the Crown, as they are exercisable in relation to other persons and premises.

109BPower to require information

(1)An authorised officer who has reasonable grounds for suspecting that a person—

(a)is a person falling within subsection (2) below, and

(b)has or may have possession of or access to any information about any matter that is relevant for any one or more of the purposes mentioned in section 109A(2) above,

may, by written notice, require that person to provide all such information described in the notice as is information of which he has possession, or to which he has access, and which it is reasonable for the authorised officer to require for a purpose so mentioned.

(2)The persons who fall within this subsection are—

(a)any person who is or has been an employer or employee within the meaning of any provision made by or under the Contributions and Benefits Act;

(b)any person who is or has been a self-employed earner within the meaning of any such provision;

(c)any person who by virtue of any provision made by or under that Act falls, or has fallen, to be treated for the purposes of any such provision as a person within paragraph (a) or (b) above;

(d)any person who is carrying on, or has carried on, any business involving the supply of goods for sale to the ultimate consumers by individuals not carrying on retail businesses from retail premises;

(e)any person who is carrying on, or has carried on, any business involving the supply of goods or services by the use of work done or services performed by persons other than employees of his;

(f)any person who is carrying on, or has carried on, an agency or other business for the introduction or supply, to persons requiring them, of persons available to do work or to perform services;

(g)any local authority acting in their capacity as an authority responsible for the granting of any licence;

(h)any person who is or has been a trustee or manager of a personal or occupational pension scheme;

(i)any person who is or has been liable to make a compensation payment or a payment to the Secretary of State under section 6 of the [1997 c. 27.] Social Security (Recovery of Benefits) Act 1997 (payments in respect of recoverable benefits); and

(j)the servants and agents of any such person as is specified in any of paragraphs (a) to (i) above.

(3)The obligation of a person to provide information in accordance with a notice under this section shall be discharged only by the provision of that information, at such reasonable time and in such form as may be specified in the notice, to the authorised officer who—

(a)is identified by or in accordance with the terms of the notice; or

(b)has been identified, since the giving of the notice, by a further written notice given by the authorised officer who imposed the original requirement or another authorised officer.

(4)The power of an authorised officer under this section to require the provision of information shall include a power to require the production and delivery up and (if necessary) creation of, or of copies of or extracts from, any such documents containing the information as may be specified or described in the notice imposing the requirement.

(5)No one shall be required under this section to provide any information (whether in documentary form or otherwise) that tends to incriminate either himself or, in the case of a person who is married, his spouse.

109CPowers of entry

(1)An authorised officer shall be entitled, at any reasonable time and either alone or accompanied by such other persons as he thinks fit, to enter any premises which—

(a)are liable to inspection under this section; and

(b)are premises to which it is reasonable for him to require entry in order to exercise the powers conferred by this section.

(2)An authorised officer who has entered any premises liable to inspection under this section may—

(a)make such an examination of those premises, and

(b)conduct any such inquiry there,

as appears to him appropriate for any one or more of the purposes mentioned in section 109A(2) above.

(3)An authorised officer who has entered any premises liable to inspection under this section may—

(a)question any person whom he finds there;

(b)require any person whom he finds there to do any one or more of the following—

(i)to provide him with such information,

(ii)to produce and deliver up and (if necessary) create such documents or such copies of, or extracts from, documents,

as he may reasonably require for any one or more of the purposes mentioned in section 109A(2) above; and

(c)take possession of and either remove or make his own copies of any such documents as appear to him to contain information that is relevant for any of those purposes.

(4)The premises liable to inspection under this section are any premises (including premises consisting in the whole or a part of a dwelling house) which an authorised officer has reasonable grounds for suspecting are—

(a)premises which are a person’s place of employment;

(b)premises from which a trade or business is being carried on or where documents relating to a trade or business are kept by the person carrying it on or by another person on his behalf;

(c)premises from which a personal or occupational pension scheme is being administered or where documents relating to the administration of such a scheme are kept by the person administering the scheme or by another person on his behalf;

(d)premises where a person who is the compensator in relation to any such accident, injury or disease as is referred to in section 109A(2)(b) above is to be found;

(e)premises where a person on whose behalf any such compensator has made, may have made or may make a compensation payment is to be found.

(5)An authorised officer applying for admission to any premises in accordance with this section shall, if required to do so, produce the certificate containing his authorisation for the purposes of this Part.

(6)Subsection (5) of section 109B applies for the purposes of this section as it applies for the purposes of that section.”

Exercise of powers on behalf of local authorities

3For sections 110A and 110B (inspectors appointed by local authorities etc. for the purposes of housing benefit or council tax benefit), there shall be substituted—

“110AAuthorisations by local authorities

(1)An individual who for the time being has the authorisation for the purposes of this Part of an authority administering housing benefit or council tax benefit (“a local authority authorisation”) shall be entitled, for any one or more of the purposes mentioned in subsection (2) below, to exercise any of the powers which, subject to subsection (8) below, are conferred on an authorised officer by sections 109B and 109C above.

(2)Those purposes are—

(a)ascertaining in relation to any case whether housing benefit or council tax benefit is or was payable in that case;

(b)ascertaining whether provisions of the relevant social security legislation that relate to housing benefit or council tax benefit are being, have been or are likely to be contravened (whether by particular persons or more generally);

(c)preventing, detecting and securing evidence of the commission (whether by particular persons or more generally) of benefit offences relating to housing benefit or council tax benefit.

(3)An individual has the authorisation for the purposes of this Part of an authority administering housing benefit or council tax benefit if, and only if, that authority have granted him an authorisation for those purposes and he is—

(a)an individual employed by that authority;

(b)an individual employed by another authority or joint committee that carries out functions relating to housing benefit or council tax benefit on behalf of that authority;

(c)an individual employed by a person authorised by or on behalf of—

(i)the authority in question,

(ii)any such authority or joint committee as is mentioned in paragraph (b) above,

to carry out functions relating to housing benefit or council tax benefit for that authority or committee;

(d)an official of a Government department.

(4)Subsection (4) of section 109A above shall apply in relation to a local authority authorisation as it applies in relation to an authorisation under that section.

(5)A local authority authorisation may be withdrawn at any time by the authority that granted it or by the Secretary of State.

(6)The certificate or other instrument containing the grant or withdrawal by any local authority of any local authority authorisation must be issued under the hand of either—

(a)the officer designated under section 4 of the [1989 c. 42.] Local Government and Housing Act 1989 as the head of the authority’s paid service; or

(b)the officer who is the authority’s chief finance officer (within the meaning of section 5 of that Act).

(7)It shall be the duty of any authority with power to grant local authority authorisations to comply with any directions of the Secretary of State as to—

(a)whether or not such authorisations are to be granted by that authority;

(b)the period for which authorisations granted by that authority are to have effect;

(c)the number of persons who may be granted authorisations by that authority at any one time; and

(d)the restrictions to be contained by virtue of subsection (4) above in the authorisations granted by that authority for those purposes.

(8)The powers conferred by sections 109B and 109C above shall have effect in the case of an individual who is an authorised officer by virtue of this section as if those sections had effect—

(a)with the substitution for every reference to the purposes mentioned in section 109A(2) above of a reference to the purposes mentioned in subsection (2) above; and

(b)with the substitution for every reference to the relevant social security legislation of a reference to so much of it as relates to housing benefit or council tax benefit.

(9)Nothing in this section conferring any power on an authorised officer in relation to housing benefit or council tax benefit shall require that power to be exercised only in relation to cases in which the authority administering the benefit is the authority by whom that officer’s authorisation was granted.”

Consequential amendments

4In section 111 (delay and obstruction of inspector)—

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

(b)in subsection (4)—

(i)for “section 110(5) above any power conferred by section 110 above” there shall be substituted “an authorisation granted under section 109A or 110A above, any power conferred by section 109B or 109C above”; and

(ii)for the words “section 110”, where they occur at the end of the subsection, there shall be substituted “sections 109B and 109C”.

5In section 111A(1) (dishonest representations), before “social security legislation” there shall be inserted “relevant”.

6In section 112(1) (false representations), before “social security legislation” there shall be inserted “relevant”.

7(1)In subsection (1) of section 113 (breach of regulations)—

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

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

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

(2)After that subsection there shall be inserted—

“(1A)The legislation to which this section applies is—

(a)the relevant social security legislation; and

(b)the enactments specified in section 121DA(1) so far as relating to contributions, statutory sick pay or statutory maternity pay.”

8After section 121D (but still in Part VI) there shall be inserted—

“121DAInterpretation of Part VI

(1)In this Part “the relevant social security legislation” means the provisions of any of the following, except so far as relating to contributions, working families' tax credit, disabled person’s tax credit, statutory sick pay or statutory maternity pay, that is to say—

(a)the Contributions and Benefits Act;

(b)this Act;

(c)the Pensions Act, except Part III;

(d)section 4 of the [1994 c. 18.] Social Security (Incapacity for Work) Act 1994;

(e)the [1995 c. 18.] Jobseekers Act 1995;

(f)the [1997 c. 27.] Social Security (Recovery of Benefits) Act 1997;

(g)Parts I and IV of the [1998 c. 14.] Social Security Act 1998;

(h)Part V of the [1999 c. 30.] Welfare Reform and Pensions Act 1999;

(i)the [1975 c. 60.] Social Security Pensions Act 1975;

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

(k)any subordinate legislation made, or having effect as if made, under any enactment specified in paragraphs (a) to (j) above.

(2)In this Part “authorised officer” means a person acting in accordance with any authorisation for the purposes of this Part which is for the time being in force in relation to him.

(3)For the purposes of this Part—

(a)references to a document include references to anything in which information is recorded in electronic or any other form;

(b)the requirement that a notice given by an authorised officer be in writing shall be taken to be satisfied in any case where the contents of the notice—

(i)are transmitted to the recipient of the notice by electronic means; and

(ii)are received by him in a form that is legible and capable of being recorded for future reference.

(4)In this Part “premises” includes—

(a)moveable structures and vehicles, vessels, aircraft and hovercraft;

(b)installations that are offshore installations for the purposes of the [1971 c. 61.] Mineral Workings (Offshore Installations) Act 1971; and

(c)places of all other descriptions whether or not occupied as land or otherwise;

and references in this Part to the occupier of any premises shall be construed, in relation to premises that are not occupied as land, as references to any person for the time being present at the place in question.

(5)In this Part—

• “benefit” includes any allowance, payment, credit or loan;

• “benefit offence” means a criminal offence committed in connection with a claim for benefit under a provision of the relevant social security legislation, or in connection with the receipt or payment of such a benefit; and

• “compensation payment” has the same meaning as in the [1997 c. 27.] Social Security (Recovery of Benefits) Act 1997.

(6)In this Part—

(a)any reference to a person authorised to carry out any function relating to housing benefit or council tax benefit shall include a reference to a person providing services relating to the benefit directly or indirectly to an authority administering it; and

(b)any reference to the carrying out of a function relating to such a benefit shall include a reference to the provision of any services relating to it.

(7)In this section “subordinate legislation” has the same meaning as in the [1978 c. 30.] Interpretation Act 1978.”

9In paragraph 5 of Schedule 10 to the [1992 c. 5.] Social Security Administration Act 1992 (transitional provisions for supplementary benefit), for the words before sub-paragraph (a) there shall be substituted “Part VI of this Act shall have effect as if the following Acts were included in the Acts comprised in the relevant social security legislation”.

Section 68.

SCHEDULE 7Housing benefit and council tax benefit: revisions and appeals

Introductory

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

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

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

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

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

Decisions on claims for benefit

2Where at any time a claim for housing benefit or council tax benefit is decided by a relevant authority—

(a)the claim shall not be regarded as subsisting after that time; and

(b)accordingly, the claimant shall not (without making a further claim) be entitled to the benefit on the basis of circumstances not obtaining at that time.

Revision of decisions

3(1)Any relevant decision may be revised or further revised by the relevant authority which made the decision—

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

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

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

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

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

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

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

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

Decisions superseding earlier decisions

4(1)Subject to sub-paragraph (4), the following, namely—

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

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

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

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

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

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

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

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

Use of experts by relevant authorities

5Where it appears to a relevant authority that a matter in relation to which a relevant decision falls to be made by them involves a question of fact requiring special expertise, they may direct that, in dealing with that matter, they shall have the assistance of one or more persons appearing to them to have knowledge or experience which would be relevant in determining that question.

Appeal to appeal tribunal

6(1)Subject to sub-paragraph (2), this paragraph applies to any relevant decision (whether as originally made or as revised under paragraph 3) of a relevant authority which—

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

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

(2)This paragraph does not apply to—

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

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

(c)so much of any decision of a relevant authority as adopts a decision of a rent officer under any order made by virtue of section 122 of the [1996 c. 52.] Housing Act 1996 (decisions of rent officers for the purposes of housing benefit);

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

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

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

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

(a)a prescribed decision; or

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

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

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

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

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

(9)In deciding an appeal under this paragraph, an appeal tribunal—

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

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

Redetermination etc. of appeals by tribunal

7(1)This paragraph applies where an application is made to a person for leave under paragraph 8(7)(a) or (c) to appeal from a decision of an appeal tribunal.

(2)If the person considers that the decision was erroneous in point of law, he may set aside the decision and refer the case either for redetermination by the tribunal or for determination by a differently constituted tribunal.

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

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

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

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

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

Appeal from tribunal to Commissioner

8(1)Subject to the provisions of this paragraph, an appeal lies to a Commissioner from any decision of an appeal tribunal under paragraph 6 or 7 on the ground that the decision of the tribunal was erroneous in point of law.

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

(a)the Secretary of State;

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

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

(3)If each of the principal parties to the appeal expresses the view that the decision appealed against was erroneous in point of law, the Commissioner may set aside the decision and refer the case to a tribunal with directions for its determination.

(4)Where the Commissioner holds that the decision appealed against was erroneous in point of law, he shall set it aside.

(5)Where under sub-paragraph (4) the Commissioner sets aside a decision—

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

(b)he shall also have power, if he considers it expedient, to make such findings and to give such decision as he considers appropriate in the light of them; and

(c)if he does not exercise the power in paragraph (a) or (b), he shall refer the case to a tribunal with directions for its determination.

(6)Subject to any direction of the Commissioner, a reference under sub-paragraph (3) or (5)(c) shall be to a differently constituted tribunal.

(7)No appeal lies under this paragraph without leave; and leave for the purposes of this sub-paragraph may be given—

(a)by the person who constituted, or was the chairman of, the tribunal when the decision to be appealed against was given;

(b)subject to and in accordance with regulations, by a Commissioner; or

(c)in a prescribed case, by such person not falling within paragraph (a) or (b) as may be prescribed.

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

Appeal from Commissioner on point of law

9(1)Subject to sub-paragraphs (2) and (3), an appeal on a question of law shall lie to the appropriate court from any decision of a Commissioner.

(2)No appeal under this paragraph 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 paragraph 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 decision to which the Commissioner’s decision relates was given;

(c)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 paragraph, and with respect to the procedure for dealing with such applications.

(4)On an application to a Commissioner for leave under this paragraph, 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 dwelling is in England or Wales; and

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

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 paragraph (a) or (b) as the appropriate court, it shall be his duty to specify that court as the appropriate court.

(5)In this paragraph—

• “the appropriate court”, except in sub-paragraph (4), means the court specified in pursuance of that sub-paragraph;

• “the relevant dwelling”, in relation to any decision, means the dwelling by reference to which any claim or award of housing benefit or council tax benefit to which the decision relates was made.

Procedure

10(1)Regulations may make for the purposes of this Schedule any such provision as is specified in Schedule 5 to the [1998 c. 14.] Social Security Act 1998, or as would be so specified if the references to the Secretary of State in paragraph 1 of that Schedule were references to a relevant authority.

(2)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.

(3)It is hereby declared that the power by regulations to prescribe procedure includes power—

(a)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)to confer on the Secretary of State a right to be represented and heard in any proceedings before a Commissioner to which he is not already a party.

(4)If it appears to a Commissioner that a matter before him involves a question of fact of special difficulty, he may direct that in dealing with that matter he shall have the assistance of one or more persons appearing to him to have knowledge or experience which would be relevant in determining that question.

(5)If it appears to the Chief 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—

(a)an application for leave under paragraph 8(7)(b), or

(b)an appeal,

falling to be heard by one of the Commissioners involves a question of law of special difficulty, he may direct that the application or appeal be dealt with, not by that Commissioner alone, but by a tribunal consisting of any three or more of the Commissioners.

(6)If the decision of such a tribunal is not unanimous, the decision of the majority shall be the decision of the tribunal; and the presiding Commissioner shall have a casting vote if the votes (including his first vote) are equally divided.

(7)Where a direction is given under sub-paragraph (5)(a), paragraph 8(7)(b) shall have effect as if the reference to a Commissioner were a reference to such a tribunal as is mentioned in sub-paragraph (5).

(8)Except so far as it may be applied in relation to England and Wales by regulations, Part I of the [1996 c. 23.] Arbitration Act 1996 shall not apply to any proceedings under this Schedule.

Finality of decisions

11Subject to the provisions of this Schedule, any decision made in accordance with the preceding provisions of this Schedule shall be final.

Matters arising as respects decisions

12Regulations may make provision as respects matters arising—

(a)pending any decision under this Schedule of a relevant authority, an appeal tribunal or a Commissioner which relates to—

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

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

or

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

Suspension in prescribed circumstances

13(1)Regulations may provide for—

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

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

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

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

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

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

(c)an appeal is pending against a decision of an appeal tribunal, a Commissioner or a court; or

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

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

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

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

(c)the time within which—

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

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

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

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

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

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

Suspension for failure to furnish information etc.

14(1)The powers conferred by this paragraph are exercisable in relation to persons who fail to comply with information requirements.

(2)Regulations may provide for—

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

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

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

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

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

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

Termination in cases of a failure to furnish information

15Regulations may provide that, except in prescribed cases or circumstances—

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

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

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

Decisions involving issues that arise on appeal in other cases

16(1)This paragraph applies where—

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

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

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

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

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

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

(4)Where—

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

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

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

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

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

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

(c)the time within which—

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

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

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

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

(a)an application for judicial review of the decision under section 31 of the [1981 c. 54.] Supreme Court Act 1981 or for leave to apply for judicial review; or

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

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

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

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

Appeals involving issues that arise on appeal in other cases

17(1)This paragraph applies where—

(a)an appeal (“appeal A”) in relation to a relevant decision (whether as originally made or as revised under paragraph 3) is made to an appeal tribunal, or from an appeal tribunal to a Commissioner; and

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

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

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

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

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

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

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

(4)Where appeal A is to be dealt with in accordance with this sub-paragraph, the appeal tribunal or Commissioner shall either—

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

(b)if the tribunal or Commissioner considers it to be in the interests of the appellant to do so, determine appeal A as if—

(i)appeal B had already been determined; and

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

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

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

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

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

(c)the time within which—

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

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

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

(7)In this paragraph—

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

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

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

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

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

(i)an application for judicial review of the decision under section 31 of the [1981 c. 54.] Supreme Court Act 1981 or for leave to apply for judicial review; or

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

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

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

Restrictions on entitlement to benefit in certain cases of error

18(1)Subject to sub-paragraph (2), this paragraph applies where—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a)the High Court;

(b)the Court of Appeal;

(c)the Court of Session;

(d)the House of Lords; or

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

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

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

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

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

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

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

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

Correction of errors and setting aside of decisions

19(1)Regulations may make provision with respect to—

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

(b)the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that—

(i)a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party’s representative, or was not received at an appropriate time by the body or person who gave the decision; or

(ii)a party to the proceedings or a party’s representative was not present at a hearing related to the proceedings.

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

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

(a)any of the provisions of this Schedule;

(b)any of the provisions of Part VII of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992 so far as they relate to housing benefit or council tax benefit; or

(c)any of the provisions of Part VIII of the [1992 c. 4.] Administration Act or of any regulations under section 2A of that Act, so far as the provisions or regulations relate to, or to arrangements for, housing benefit or council tax benefit.

Regulations

20(1)The power to make regulations under this Schedule shall be exercisable—

(a)in the case of regulations with respect to proceedings before the Commissioners, by the Lord Chancellor; and

(b)in any other case, by the Secretary of State;

and the Lord Chancellor shall consult with the Scottish Ministers before making any regulations under this Schedule that apply to Scotland.

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

(3)Subsections (3) to (7) of section 79 of the [1998 c. 14.] Social Security Act 1998 (supplemental provision in connection with powers to make subordinate legislation under that Act) shall apply to any power to make regulations under this Schedule as they apply to any power to make regulations under that Act.

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

(5)A statutory instrument—

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

(b)which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)In this paragraph the reference to regulations with respect to proceedings before the Commissioners includes a reference to regulations with respect to any such proceedings for the determination of any matter, or for leave to appeal to or from the Commissioners.

Consequential amendments of the Administration Act

21(1)In section 5(1)(hh) of the Administration Act (regulations about claims for and payments of benefit)—

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

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

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

“(hh)for requiring such person as may be prescribed in accordance with the regulations to furnish any information or evidence needed for a determination whether a decision on an award of a benefit—

(i)should be revised under paragraph 3 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000; or

(ii)should be superseded under paragraph 4 of that Schedule;”.

Consequential amendments of the Social Security Act 1998

22(1)Section 34(4) and (5) and section 35 of the [1998 c. 14.] Social Security Act 1998 (regulations for the determination of claims and reviews of housing benefit and council tax benefit and for the suspension of those benefits) shall cease to have effect.

(2)In paragraph 4(1)(a) of Schedule 1 to that Act (supplementary provisions relating to the appeal tribunals), for “or section 20 of the Child Support Act” there shall be substituted “, section 20 of the Child Support Act or paragraph 6 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000”.

(3)In paragraph 3(1) of Schedule 4 to that Act (provisions relating to the Social Security Commissioners), after “section 14 of this Act” there shall be inserted “or under paragraph 8 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000”.'.

Interpretation

23(1)In this Schedule—

• “the Administration Act” means the [1992 c. 5.] Social Security Administration Act 1992;

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

• “appeal tribunal” means an appeal tribunal constituted under Chapter I of Part I of the [1998 c. 14.] Social Security Act 1998;

• “the Chief Commissioner” means the Chief Social Security Commissioner;

• “Commissioner” means the Chief Commissioner or any other Social Security Commissioner, and includes a tribunal of three or more Commissioners constituted under paragraph 10(5);

• “prescribed” means prescribed by regulations under this Schedule;

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

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

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

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

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

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

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

Section 83.

SCHEDULE 8Declarations of status: consequential amendments

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

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

The Magistrates' Courts Act 1980 (c. 43)

2(1)Section 65 of the Magistrates' Courts Act 1980 (meaning of family proceedings) shall be amended as follows.

(2)In subsection (1) (proceedings which are family proceedings), after paragraph (m) there shall be inserted—

“(mm)section 55A of the [1986 c. 55.] Family Law Act 1986;”.

(3)In subsection (2) (power of court to treat combined proceedings as family proceedings), in paragraph (e), before “section 20” there shall be inserted “proceedings under”.

The Family Law Act 1986 (c. 55)

3The Family Law Act 1986 shall be amended as follows.

4In section 55 (declarations as to marital status)—

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

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

5In section 56 (declarations as to legitimacy or legitimation)—

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

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

6In section 57(1) (application to the court for declaration as to overseas adoption), for “the court” there shall be substituted “the High Court or a county court”.

7In section 58 (general provisions)—

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

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

8In section 59 (provisions relating to the Attorney-General)—

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

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

The Family Law Reform Act 1987 (c. 42)

9In section 23(1) of the Family Law Reform Act 1987—

(a)in subsection (2) to be substituted for section 20(2) of the [1969 c. 46.] Family Law Reform Act 1969 (report to court about scientific tests), for “person responsible for” there shall be substituted “individual”; and

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

The Children Act 1989 (c. 41)

10(1)Part I of Schedule 11 to the Children Act 1989 (jurisdiction) shall be amended as follows.

(2)In paragraph 1(2A) (additional proceedings which may be required to be commenced in a particular court)—

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

“(a)under section 55A of the [1986 c. 55.] Family Law Act 1986 (declarations of parentage); or”, and

(b)in paragraph (b), for “of that Act” there shall be substituted “of the [1991 c. 48.] Child Support Act 1991”.

(3)In paragraph 2(3) (power to transfer certain proceedings)—

(a)after paragraph (b) there shall be inserted—

“(ba)any proceedings under section 55A of the [1986 c. 55.] Family Law Act 1986”, and

(b)in paragraph (bb), before “section 20” there shall be inserted “any proceedings under”.

The Child Support Act 1991 (c. 48)

11The Child Support Act 1991 shall be amended as follows.

12In section 26(2) (cases where Secretary of State may make maintenance calculation despite denial of parentage), in Case C (where there has been a declaration under section 56 of the [1986 c. 55.] Family Law Act 1986), after “section” there shall be inserted “55A or”.

13For section 27 (declarations of parentage) there shall be substituted—

“27Applications for declaration of parentage under Family Law Act 1986

(1)This section applies where—

(a)an application for a maintenance calculation has been made (or is treated as having been made), or a maintenance calculation is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application or calculation was made or treated as made;

(b)the Secretary of State is not satisfied that the case falls within one of those set out in section 26(2); and

(c)the Secretary of State or the person with care makes an application for a declaration under section 55A of the [1986 c. 55.] Family Law Act 1986 as to whether or not the alleged parent is one of the child’s parents.

(2)Where this section applies—

(a)if it is the person with care who makes the application, she shall be treated as having a sufficient personal interest for the purposes of subsection (3) of that section; and

(b)if it is the Secretary of State who makes the application, that subsection shall not apply.

(3)This section does not apply to Scotland.”

14In section 27A(2)(b) (Secretary of State to recover fees for scientific tests if a court has made a declaration of parentage under section 27), for “section 27” there shall be substituted “section 55A of the [1986 c. 55.] Family Law Act 1986”.

The Access to Justice Act 1999 (c. 22)

15In Schedule 2 to the Access to Justice Act 1999 (services which are not to be funded as part of community legal services), in paragraph 2(3), after paragraph (d) there shall be inserted—

“(da)under section 55A of the Family Law Act 1986 (declarations of parentage),”.

Section 85.

SCHEDULE 9Repeals and revocations

Part IChild support

Part IIState pensions

Part IIIOccupational and personal pension schemes

Part IVWar pensions

Part VLoss of benefit

Part VIInvestigation powers

Part VIIHousing Benefit and Council Tax Benefit

Part VIIINICs in respect of benefits in kind

Part IXTests for determining parentage and declarations of status