Social Security Act 1979

Appeals and reviews, etc.

6 Appeals from and to Supplementary Benefit Appeal Tribunals

(1) After section 15 of the Act of 1976 (appeals from Supplementary Benefits Commission) there is inserted the following section—

“15A Appeals from Appeal Tribunal.

(1) The Secretary of State may by rules make provision for any party to proceedings before an Appeal Tribunal (whether under this or any other Act) to appeal to a National Insurance Commissioner against a decision of the tribunal.

(2) Rules under this section may, in particular, make provision—

(a) as to the cases and circumstances in which, and the conditions subject to which, appeals may be made, including provision either generally or in relation to specified classes of case for appeals—

(i) to be confined to points of law;

(ii) to be made only with leave ;

(b) as to the manner in which, and the time within which, appeals are to be brought and (where appropriate) applications are to be made for leave to appeal;

(c) as to the procedure to be followed on appeals;

(d) as to the payment by the Secretary of State to persons attending proceedings before a Commissioner of travelling and other allowances (including compensation for loss of remunerative time).

(3) The power to make provision as to procedure under subsection (2)(c) above includes power to make provision as to the representation of one person in any proceedings by another person.

(4) Rules under this section may provide for a Commissioner hearing an appeal—

(a) to give any decision which might have been given by the tribunal;

(b) to refer the case to another tribunal, with directions;

(c) to dispose of the appeal in such other manner as may be specified ;

and in any case where directions are given to a tribunal in accordance with rules under this section the tribunal shall proceed accordingly.

(5) In this section " National Insurance Commissioner " has the same meaning as in the Social Security Act 1975 and includes a Tribunal of Commissioners under section 116 of that Act.”

(2) For Schedule 4 to the Act of 1976 (constitution, jurisdiction and proceedings of appeal tribunals) there is substituted the Schedule set out in Schedule 2 to this Act.

(3) In section 14(2) of the Act of 1976 (power to make regulations) after paragraph (e) there is inserted the following paragraph—

“(ee) for suspending the payment of supplementary benefit pending the determination of questions ; and”.

7 Incompatible benefits

In section 86 of the principal Act (set-off of overpayments) the following subsection is substituted for subsection (2)—

“(2) Where on review or appeal a decision awarding or refusing a person benefit is revised, or is reversed or varied, but he retains any sums paid either in pursuance of the original decision or of any other decision awarding him benefit and those sums would not have been payable if the decision on the review or appeal had been given in the first instance, then, except in so far as regulations otherwise provide.—

(a) where the decision on the review or appeal reverses a decision refusing the person benefit, the decision on the review or appeal shall direct that those sums shall be treated as having been paid on account of that benefit (except to the extent that they exceed the amount of that benefit);

(b) in any other case, any subsequent decision awarding the person other benefit, being a benefit to which a right to any of those sums would by virtue of any such provision as is mentioned in subsection (1) above have disentitled him, shall direct that those sums shall be treated as having been paid on account of the other benefit (except to the extent that they exceed the amount of that other benefit).”.

8 Repayment of benefit

After subsection (2) of section 119 of the principal Act there is inserted the following subsection—

“(2A) Where, in pursuance of a decision, an amount of benefit was paid which would not have been paid if the facts established for the purpose of any subsequent decision by an insurance officer, local tribunal or Commissioner had been known and—

(a) the subsequent decision is given in relation to the same benefit but is not given on an appeal against or a review of the earlier decision; and

(b) the circumstances are not such as to enable the earlier decision to be reviewed ;

the subsequent decision shall require repayment of that amount (except so much of it as is directed by the decision to be treated as having been properly paid) unless it is shown to the satisfaction of the insurance officer, tribunal or Commissioner that in the obtaining and receipt of the benefit the beneficiary, and any person acting for him, has throughout used due care and diligence to avoid overpayment.”.

9 Qualification of National Insurance Commissioners in Great Britain and Northern Ireland

(1) In section 97(3) of the principal Act, after the word " barristers " there is inserted the word " solicitors ".

(2) In section 97(3) of the [1975 c. 15.] Social Security (Northern Ireland) Act 1975 after the word " barristers " there are inserted the words " or solicitors ".