The Social Security (Adjudication) Regulations 1995

SECTION A — THE SECRETARY OF STATE

Construction of Section A

12.  In this Section“a person interested” means, except in relation to statutory sick pay or statutory maternity pay, a person whose interest in the application or decision relates to that person’s own liability under the Acts or his actual or potential rights under them and in relation to statutory sick pay or statutory maternity pay means an employer or employee (including a person who is alleged or claims to be the employer or employee of another person)—

(a) in relation to whose rights, duties or obligations under Parts XI and XII of the Contributions and Benefits Act or under regulations under those Parts, a question has arisen that is for determination by the Secretary of State under section 17(1)(g) or (h) of the Administration Act; or

(b) whose rights, duties or obligations are called in question by way of review of a determination under section 19 of the Administration Act,

and references to a person appearing to be interested shall be construed accordingly.

Application for decision of the Secretary of State on principal questions

13.—(1) A person desiring to obtain the decision of the Secretary of State on any of the questions mentioned in section 17(1) of the Administration Act (including those to which that section applies by virtue of section 170(1) of the Pension Schemes Act 1993(1)) shall deliver or send to the Secretary of State an application for the purpose in writing in a form approved by him.

(2) The Secretary of State shall take steps to bring any such application to the notice of any person appearing to him to be interested in the application and to obtain from such person such particulars within such time and in such form as he considers reasonably necessary for the proper determination of the question.

(3) An application for a decision of the Secretary of State shall not be made otherwise than by a person interested or, in the case of an application relating to statutory sick pay or statutory maternity pay, by an inspector appointed under section 110 of the Administration Act.

(4) Nothing in paragraph (1) or (3) shall affect any right or obligation under the Acts or Regulations made under the Acts to refer any question to the Secretary of State.

Procedure for inquiries

14.  Any person appointed by the Secretary of State under section 17(4) of the Administration Act to hold an inquiry into any question or any matters arising in connection therewith and to report to him thereon may—

(a) by summons require persons to attend any such inquiry to give evidence or to produce documents reasonably required for the purpose of the inquiry;

(b) require any person so summoned, or who otherwise attends to give evidence, to be examined on oath; and

(c) for that purpose administer oaths.

The Secretary of State’s decision and statement of grounds

15.—(1) The Secretary of State shall give notice in writing of his decision under section 17 of the Administration Act and of the right to request a statement of the grounds of the decision to the applicant and to any persons appearing to him to be interested therein and may publish his decision in such manner as he thinks fit.

(2) The applicant and any other persons appearing to the Secretary of State to be interested shall, on request, be furnished with such a statement of the grounds of the Secretary of State’s decision under section 17 of the Administration Act as will enable him to determine whether any question of law (not being a question which has been referred to the High Court or the Court of Session in accordance with section 18(1) of that Act) has arisen upon which he may appeal to the High Court of the Court of Session under section 18(3) of that Act.

Review of reference

16.—(1) The provisions of regulation 13(3) and (4) shall apply to any application for a review under section 19(1) of the Administration Act of a decision under section 17(1) of that Act as they apply to an application under regulation 13(1).

(2) The provisions of regulations 13(2), 14 and 15 shall apply with the necessary modifications to any case in which—

(a) a question has been raised with a view to the review under section 19(1) of the Administration Act of any decision of the Secretary of State given in accordance with this Section of this Part of these Regulations; or

(b) a question such as is mentioned in regulation 13(1) is referred to the Secretary of State—

(i) under section 37(1) of the Administration Act (reference by an adjudica-tion officer of any such question for determination where such question arises on the consideration of any claim or question); or

(ii) under section 117(2) of the Administration Act (reference of such question for decision by the Secretary of State where the decision thereof is necessary for the determination of any proceedings).

Questions for determination by the Secretary of State

17.—(1) It shall be for the Secretary of State to determine—

(a) a question whether—

(i) an increase of disablement pension under section 104 of the Contributions and Benefits Act (constant attendance), or

(ii) a further increase under section 105 of the Contributions and Benefits Act (exceptionally severe disablement), is to be granted or renewed and, if so, for what period and of what amount;

(b) a question how the limitations under Part VI of Schedule 7 to the Contributions and Benefits Act on the benefit payable in respect of any death are to be applied in the circumstances of any case.

(c) a question arising under Regulations made under section 7 of the Administration Act (claims in the alternative or in addition).

(2) The Secretary of State may review any determination given by him on any question referred to in paragraph (1) if—

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

(b) he is satisfied that the determination—

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

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

(iii) was erroneous in point of law.

(3) A decision of the Secretary of State on a question under section 70(7) of the Contributions and Benefits Act or on any question which by virtue of regulations falls to be determined by the Secretary of State in his discretion may be given so as to have effect with respect to a period before the date of the decision; and he may at any time and from time to time reconsider the exercise of his discretion with respect to such a question and decide it again with such other effects as may seem to him to be proper in the circumstances of the case.

(1)

1993 c. 48.