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The Social Security and Child Support (Decisions and Appeals) Regulations 1999

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Social Security and Child Support (Decisions and Appeals) Regulations 1999 No. 991

  1. Introductory Text

  2. PART I GENERAL

    1. 1.Citation, commencement and interpretation

    2. 2.Service of notices or documents

  3. PART II REVISIONS, SUPERSESSIONS AND OTHER MATTERS SOCIAL SECURITY

    1. CHAPTER I REVISIONS

      1. 3.Revision of decisions

      2. 4.Late application for a revision

      3. 5.Date from which a decision revised under section 9 takes effect

    2. CHAPTER II SUPERSESSIONS

      1. 6.Supersession of decisions

      2. 7.Date from which a decision superseded under section 10 takes effect

      3. 8.Effective date for late notifications of change of circumstances

    3. CHAPTER III OTHER MATTERS

      1. 9.Certificates of recoverable benefits

      2. 10.Effect of a determination as to capacity for work

      3. 11.Secretary of State to determine certain matters

      4. 12.Decision of the Secretary of State relating to industrial injuries benefit

      5. 13.Income support and social fund determinations on incomplete evidence

      6. 14.Effect of alteration in the component rates of income support and jobseeker’s allowance

      7. 15.Jobseeker’s allowance determinations on incomplete evidence

  4. PART III SUSPENSION, TERMINATION AND OTHER MATTERS

    1. CHAPTER I SUSPENSION AND TERMINATION

      1. 16.Suspension in prescribed cases

      2. 17.Provision of information or evidence

      3. 18.Termination in cases of failure to furnish information or evidence

      4. 19.Suspension and termination for failure to submit to medical examination

      5. 20.Making of payments which have been suspended

    2. CHAPTER II OTHER MATTERS

      1. 21.Decisions involving issues that arise on appeal in other cases

      2. 22.Appeals involving issues that arise in other cases

      3. 23.Child support decisions involving issues that arise on appeal in other cases

      4. 24.Child support appeals involving issues that arise in other cases

  5. PART IV RIGHTS OF APPEAL AND PROCEDURE FOR BRINGING APPEALS

    1. CHAPTER I GENERAL

      1. GENERAL APPEALS MATTERS NOT INCLUDING CHILD SUPPORT APPEALS

        1. 25.Other persons with a right of appeal

        2. 26.Decisions against which an appeal lies

        3. 27.Decisions against which no appeal lies

        4. 28.Notice of decision against which appeal lies

        5. 29.Further particulars required relating to certificate of recoverable benefits appeals or applications

      2. GENERAL APPEALS MATTERS INCLUDING CHILD SUPPORT APPEALS

        1. 30.Appeal against a decision which has been revised

        2. 31.Time within which an appeal is to be brought

        3. 32.Late appeals

        4. 33.Making of appeals and applications

        5. 34.Death of a party to an appeal

  6. PART V APPEAL TRIBUNALS FOR SOCIAL SECURITY CONTRACTING OUT OF PENSIONS VACCINE DAMAGE AND CHILD SUPPORT

    1. CHAPTER I THE PANEL AND APPEAL TRIBUNALS

      1. 35.Persons appointed to the panel

      2. 36.Composition of appeal tribunals

      3. 37.Assignment of clerks to appeal tribunals: function of clerks

    2. CHAPTER II PROCEDURE IN CONNECTION WITH DETERMINATION OF APPEALS AND REFERRALS

      1. 38.Consideration and determination of appeals and referrals

      2. 39.Directions concerning oral hearings

      3. 40.Withdrawal of appeal or referral

      4. 41.Medical examination required by appeal tribunal

      5. 42.Non-disclosure of medical advice or evidence

      6. 43.Summoning of witnesses and administration of oaths

      7. 44.Confidentiality in child support appeals or referrals

      8. 45.Consideration of more than one appeal under section 20 of the Child Support Act

    3. CHAPTER III STRIKING OUT APPEALS

      1. 46.Appeals which may be struck out

      2. 47.Reinstatement of struck out appeals

      3. 48.Misconceived appeals

    4. CHAPTER IV ORAL HEARINGS

      1. 49.Procedure at oral hearings

      2. 50.Manner of providing expert assistance

      3. 51.Postponement and adjournment

      4. 52.Physical examinations at oral hearings

    5. CHAPTER V DECISIONS OF APPEAL TRIBUNALS AND RELATED MATTERS

      1. APPEAL TRIBUNAL DECISIONS

        1. 53.Decisions of appeal tribunals

        2. 54.Late applications for a statement of reasons of tribunal decision

        3. 55.Record of tribunal proceedings

        4. 56.Correction of accidental errors

        5. 57.Setting aside decisions on certain grounds

      2. APPLICATIONS FOR LEAVE TO APPEAL TO A COMMISSIONER (NOT INCLUDING CHILD SUPPORT)

        1. 58.Application for leave to appeal to a Commissioner from an appeal tribunal

  7. PART VI REVOCATIONS

    1. 59.Revocations

  8. Signature

    1. SCHEDULE 1

      Provisions conferring powers exercised in making these Regulations

    2. SCHEDULE 2

      Decisions against which no appeal lies

      1. Child Benefit

        1. 1.A decision of the Secretary of State as to whether...

        2. 2.A decision of the Secretary of State to recognise education...

        3. 3.A decision of the Secretary of State made in accordance...

        4. 4.A decision of the Secretary of State made in accordance...

      2. Claims and Payments

        1. 5.A decision of the Secretary of State under the Claims...

      3. Contracted Out Pension Schemes

        1. 6.A decision of the Secretary of State under section 109...

      4. Decisions depending on other cases

        1. 7.A decision of the Secretary of State under section 25...

      5. Deductions

        1. 8.A decision which falls to be made by the Secretary...

        2. 9.(1) Except in relation to a decision to which sub-paragraph...

      6. European Community Regulations

        1. 10.An authorization given by the Secretary of State in accordance...

      7. Expenses

        1. 11.A decision of the Secretary of State whether to pay...

      8. Guardian’s Allowance

        1. 12.A decision of the Secretary of State relating to the...

      9. Income Support

        1. 13.A decision of the Secretary of State which embodies a...

      10. Industrial Injuries Benefit

        1. 14.A decision of the Secretary of State relating to the...

        2. 15.A decision of the Secretary of State under regulation 2(2)...

        3. 16.A decision of the Secretary of State to approve or...

        4. 17.A decision of the Secretary of State as to how...

      11. Invalid Vehicle Scheme

        1. 18.A decision of the Secretary of State relating to the...

      12. Jobseeker’s Allowance

        1. 19.(1) A decision of the Secretary of State under Chapter...

      13. Payments on Account, Overpayments and Recovery

        1. 20.A decision of the Secretary of State under the Social...

      14. Persons Abroad

        1. 21.A decision of the Secretary of State made under—

      15. Reciprocal Agreements

        1. 22.A decision of the Secretary of State made in accordance...

      16. Social Fund Awards

        1. 23.A decision of the Secretary of State under section 78...

      17. Suspension

        1. 24.A decision of the Secretary of State relating to the...

      18. Up-rating

        1. 25.A decision of the Secretary of State relating to the...

    3. SCHEDULE 3

      Qualifications of Persons Appointed to the Panel

      1. Legal Qualifications

        1. 1.Persons who— (a) have a general qualification (construed in accordance...

      2. Medical Qualifications

        1. 2.Fully registered medical practitioners, where— (a) the practitioner’s name appears...

        2. 3.In paragraph 2 above and in this paragraph— “EEA Agreement”...

      3. Financial Qualifications

        1. 4.Accountants who are members of— (a) the Institute of Chartered...

      4. Disability Qualifications

        1. 5.Persons, other than registered medical practitioners, who are experienced in...

    4. SCHEDULE 4

      REVOCATIONS

  9. Explanatory Note

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