Welfare Reform Act 2012

Section 103

SCHEDULE 12 Supersession of decisions of former appellate bodies

Child Support Act 1991 (c. 48)

1 The Child Support Act 1991 is amended as follows.

2 (1) Section 17 (decisions superseding earlier decisions) is amended as follows.

(2) In subsection (1)—

(a) in paragraphs (b) and (d) after “any decision of” there is inserted “an appeal tribunal or”;

(b) in paragraph (e) after “any decision of“ there is inserted “a Child Support Commissioner or”.

(3) After subsection (5) there is inserted—

“(6) In this section—

• “appeal tribunal” means an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (the functions of which have been transferred to the First-tier Tribunal);

• “Child Support Commissioner” means a person appointed as such under section 22 (the functions of whom have been transferred to the Upper Tribunal).”

3 (1) In Schedule 4C (departure directions), paragraph 2 is amended as follows.

(2) In sub-paragraph (1)(c), after “any decision of” there is inserted “an appeal tribunal or”.

(3) In sub-paragraph (2), after “any decision of“ (in each place) there is inserted “an appeal tribunal or”.

(4) After sub-paragraph (2) there is inserted—

“(3) In this paragraph “appeal tribunal“ means an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (the functions of which have been transferred to the First-tier Tribunal).”

Social Security Act 1998 (c. 14)

4 (1) Section 10 of the Social Security Act 1998 (decisions superseding earlier decisions) is amended as follows.

(2) In subsection (1), the “and” at the end of paragraph (a) is repealed and after that paragraph there is inserted—

“(aa) any decision under this Chapter of an appeal tribunal or a Commissioner; and”.

(3) After subsection (6) there is inserted—

“(7) In this section—

• “appeal tribunal” means an appeal tribunal constituted under Chapter 1 of this Part (the functions of which have been transferred to the First-tier Tribunal);

• “Commissioner” means a person appointed as a Social Security Commissioner under Schedule 4 (the functions of whom have been transferred to the Upper Tribunal), and includes a tribunal of such persons.”

Child Support, Pensions and Social Security Act 2000 (c. 19)

5 (1) In Schedule 7 to the Child Support, Pensions and Social Security Act 2000 (housing benefit and council tax benefit), paragraph 4 (decisions superseding earlier decisions) is amended as follows.

(2) In sub-paragraph (1), the “and” at the end of paragraph (a) is repealed and after that paragraph there is inserted—

“(aa) any decision under this Schedule of an appeal tribunal or a Commissioner, and”.

(3) In sub-paragraph (2)—

(a) after “the decision appealed against to“ there is inserted “the tribunal or”;

(b) after “the decision being appealed against to” there is inserted “the Commissioner or”.

(4) After sub-paragraph (6) there is inserted—

“(7) In this paragraph—

• “appeal tribunal” means an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (the functions of which have been transferred to the First-tier Tribunal);

• “Commissioner” means a person appointed as a Social Security Commissioner under Schedule 4 to that Act (the functions of whom have been transferred to the Upper Tribunal), and includes a tribunal of such persons.”