The Transfer of Tribunal Functions Order 2008

Child Support, Pensions and Social Security Act 2000 U.K.

190.—(1) Schedule 7 to the Child Support, Pensions and Social Security Act 2000(1) (housing benefit and council tax benefit: revisions and appeals) is amended as follows.

(2) In paragraph 4 (decisions superseding earlier decisions)—

(a) in sub-paragraph (1)(b) for “of an appeal tribunal or a Commissioner” substitute “of the First-tier Tribunal or any decision of the Upper Tribunal which relates to any such decision”; and

(b) in sub-paragraph (2)—

(i) for “tribunal” substitute “First-tier Tribunal”; and

(ii) for “Commissioner” substitute “Upper Tribunal”.

(3) In paragraph 6 (appeal to appeal tribunal)—

(a) in the heading for “appeal tribunal” substitute “First-tier Tribunal”; and

(b) in sub-paragraphs (3), (6) and (9) for “an appeal tribunal” substitute “the First-tier Tribunal”.

(4) In paragraph 7 (redetermination etc of appeals by tribunal)—

(a) in sub-paragraph (1) for the words from “to a person” to the end substitute “to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under paragraph 6”;

(b) omit sub-paragraph (2); and

(c) in sub-paragraph (3)—

(i) for “the person” substitute “the First-tier Tribunal”; and

(ii) for “tribunal” substitute “First-tier Tribunal”.

(5) In paragraph 8 (appeal from tribunal to Commissioner)—

(a) in the heading for “tribunal to Commissioner” substitute “First-tier Tribunal to Upper Tribunal”;

(b) omit sub-paragraph (1);

(c) in sub-paragraph (2)—

(i) for “lies under this paragraph” substitute “to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 from any decision of the First-tier Tribunal under paragraph 6 or 7 lies”; and

(ii) in paragraph (c) for “appeal tribunal” substitute “First-tier Tribunal”; and

(d) omit sub-paragraphs (3) to (8).

(6) In paragraph 9 (appeal from Commissioner on point of law)—

(a) for the heading substitute “Applications for permission to appeal against a decision of the Upper Tribunal”;

(b) omit sub-paragraphs (1) and (2); and

(c) in sub-paragraph (3)—

(i) for “An application for leave under this paragraph in respect of a Commissioner’s decision” substitute “An application for permission to appeal from a decision of the Upper Tribunal in respect of a decision of the First-tier Tribunal under paragraph 6 or 7”;

(ii) in paragraph (a) for “Commissioner”, in both places, substitute “Upper Tribunal”;

(iii) in paragraphs (a) and (b) for “Commissioner’s” substitute “Upper Tribunal’s”;

(iv) in paragraph (c) for “leave” substitute “permission”; and

(v) omit the words from “and regulations” to the end; and

(d) omit sub-paragraphs (4) and (5).

(7) In paragraph 10 (procedure) omit sub-paragraphs (2) to (8).

(8) In paragraph 11 (finality of decisions) after “Subject to the provisions of this Schedule” insert “and to any provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(9) In paragraph 12(a) (matters arising as respects decisions) for “, an appeal tribunal or a Commissioner” substitute “or the First-tier Tribunal, or any decision of the Upper Tribunal which relates to any decision under this Schedule of the First-Tier Tribunal,”.

(10) In paragraph 13 (suspension in prescribed circumstances)—

(a) in sub-paragraph (2)—

(i) in paragraph (c) for “an appeal tribunal, a Commissioner” substitute “the First-tier Tribunal, the Upper Tribunal”; and

(ii) in paragraph (d) for “a Commissioner” substitute “the Upper Tribunal”; and

(b) in sub-paragraph (3)(b) and (c) for “leave” substitute “permission”.

(11) In paragraph 16(1)(b) (decisions involving issues that arise on appeal in other cases) for “a Commissioner” substitute “the Upper Tribunal”.

(12) In paragraph 17 (appeals involving issues that arise on appeal in other cases)—

(a) in sub-paragraph (1)—

(i) in paragraph (a) for “an appeal tribunal, or from an appeal tribunal to a Commissioner” substitute “the First-tier Tribunal, or from the First-tier Tribunal to the Upper Tribunal”; and

(ii) in paragraph (b) for “a Commissioner” substitute “the Upper Tribunal”;

(b) in sub-paragraph (2) for “tribunal or Commissioner” substitute “First-tier Tribunal or Upper Tribunal”;

(c) in sub-paragraph (3)(a) and (b) for “tribunal” substitute “First-tier Tribunal”;

(d) in sub-paragraph (4)—

(i) for “appeal tribunal or Commissioner” substitute “First-tier Tribunal or Upper Tribunal”; and

(ii) in paragraph (b) for “tribunal or Commissioner” substitute “First-tier Tribunal or Upper Tribunal”;

(e) in sub-paragraph (5)—

(i) for “appeal tribunal or Commissioner” substitute “First-tier Tribunal or Upper Tribunal”; and

(ii) for “tribunal or Commissioner” substitute “First-tier Tribunal or Upper Tribunal”; and

(f) in sub-paragraph (7)(a) for “a Commissioner”, in both places, substitute “the Upper Tribunal”.

(13) In paragraph 18 (restrictions on entitlement to benefit in certain cases of error)—

(a) in sub-paragraph (1)(a) for “by virtue of this Schedule to a Commissioner” substitute “to the Upper Tribunal”;

(b) in sub-paragraph (3) for “the Commissioner” substitute “the Upper Tribunal”; and

(c) in sub-paragraph (9)(a) and (b) for “a Commissioner” substitute “the Upper Tribunal”.

(14) In paragraph 19(1) (correction of errors and setting aside of decisions)—

(a) in sub-paragraph (1)—

(i) in paragraph (a) after “record of a decision made” insert “by the relevant authority”; and

(ii) omit paragraph (b) (together with the “and” immediately before it); and

(b) in sub-paragraph (2) omit “or set aside decisions”.

(15) In paragraph 20 (regulations)—

(a) in paragraph (1) for the words from “exercisable—” to the end “substitute “exercisable by the Secretary of State”; and

(b) omit sub-paragraph (6).

(16) In paragraph 23 (interpretation) omit the definitions of “appeal tribunal”, “the Chief Commissioner” and “Commissioner”.

Commencement Information

I1 Sch. 3 para. 190 in force at 3.11.2008, see art. 1(1)

(1)

2000 c.19.