SCHEDULES

SCHEDULE 12Supersession of decisions of former appellate bodies

Section 103

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In subsection (1), the “and” at the end of paragraph (a) is repealed and after that paragraph there is inserted—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