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	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Social Security Commissioners (Procedure) (Amendment) Regulations 2001 No. 1095 URL: https://www.bailii.org/uk/legis/num_reg/2001/20011095.html

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" "person affected" means, subject to paragraph (2), a person who is a person affected under regulation 3 of the Housing Benefit and Council Tax Benefit (Decision and Appeals) Regulations 2001[7] provided that he is an appellant against the appeal tribunal's decision or was a party to the appeal tribunal proceedings;";

(i) after the definition of "proceedings" there shall be inserted the following definition - 

" "relevant authority" has the same meaning as in paragraph 1(1) of Schedule 7 to the 2000 Act;";

(j) for the definition of "respondent" there shall be substituted the following definition - 

" "respondent" means - 
(i) any person or organisation other than the applicant, appellant or person making the reference who is one of the principal parties as defined in section 13 of the 1998 Act,

(ii) any other person taking part in the proceedings in accordance with section 14 of the 1998 Act or as a person affected or as a relevant authority or at the direction or with the leave of the Commissioner,

(iii) the Secretary of State in any case where he is not otherwise a respondent and has given notice to the Commissioner of his wish to be joined as a party to the proceedings."; and



(k) after the definition of "tax credit" there shall be inserted the following - 

    " (2) For the purpose of paragraph 8(2)(c) of Schedule 7 to the 2000 Act "person affected" shall be construed in accordance with regulation 3 of the Housing Benefit and Council Tax Benefit (Decision and Appeals) Regulations 2001 and for the purpose of paragraph 8(3) of Schedule 7 to the 2000 Act "person affected" shall have the meaning given in paragragh (1).".

     4. In regulation 10(3) for the words "by the Secretary of State or the Board, he or they" there shall be substituted the words "by the Secretary of State, the Board or a relevant authority, the applicant".

     5. In regulation 14 - 

(a) in paragraph (1) for the words "the Act" there shall be substituted the words "the 1998 Act";

(b) the following shall be substituted for paragraph (2) - 

    " (2) Where a forfeiture rule question arises,


(a) the Board, in cases concerning tax credits,

(b) the relevant authority, in cases concerning housing benefit or council tax benefit, or

(c) the Secretary of State, in any other case,



shall refer it to a Commissioner to determine, and shall notify the person in relation to whom the question arises that such a reference has been made."; and



(c) in sub-paragraph (3)(c) for the words "the Secretary of State or the Board" there shall be substituted the words "the Secretary of State, the Board or the relevant authority".

     6. In regulation 15 - 

(a) in paragraph (1) - 


(i) for the words "Section 16(7) of the Act" there shall be substituted the words "Section 16(7) of the 1998 Act and paragraph 10(5) of Schedule 7 to the 2000 Act"; and

(ii) for the words "in relation to an appeal under the Act" there shall be substituted the words "in relation to an appeal under either of those Acts"; and



(b) in paragraph (2) for the words "Sections 9 and 10 of the Act" there shall be substituted the words "Sections 9 and 10 of the 1998 Act and paragraphs 3 and 4 of Schedule 7 to the 2000 Act".

     7. In regulation 18 after paragraph (3) there shall be inserted the following paragraph (4) - 

    " (4) Where there is more than one respondent, the order of and time for written observations shall be as directed by a Commissioner under regulation 20.".

     8. In regulation 19(3) the words "from the respondent" shall be deleted, and for the words "section 14(7) of the Act" there shall be substituted the words "section 14(7) of the 1998 Act or paragraph 8(3) of Schedule 7 to the 2000 Act".

     9. In regulation 21 for the words "the Act" there shall be substituted the words "the 1998 Act".

     10. In regulation 24(6) - 

(a) in sub-paragraph (d) for the words "the Act" there shall be substituted the words "the 1998 Act";

(b) in sub-paragraph (f) for the words "section 71 or 74" there shall be substituted the words "section 71, 74, 75 or 76" and at the end of the sub-paragraph the word "and" shall be omitted;

(c) after sub-paragraph (f) there shall be inserted - 


" (ff) in cases concerning housing benefit or council tax benefit, the relevant authority and any person affected; and".

     11. In regulation 28(2) for the words "section 14(7) of the Act" there shall be substituted the words "section 14(7) of the 1998 Act or paragraph 8(3) of Schedule 7 to the 2000 Act".

     12. In regulation 29 for the words "the Secretary of State or the Board" there shall be substituted the words "the Secretary of State, the Board or the relevant authority".

     13. In regulation 32(1) for the words "section 14(7) of the Act" there shall be substituted the words "section 14(7) of the 1998 Act or paragraph 8(3) of Schedule 7 to the 2000 Act".

     14. In regulation 33 - 

(a) in paragraph (1) for the words "section 15 of the Act" there shall be substituted the words "section 15 of the 1998 Act or paragraph 9 of Schedule 7 to the 2000 Act";

(b) in paragraph (3) - 


(i) after the words "Social Security (Claims and Payments) Regulations 1987" there shall be inserted the words ", regulation 71(2) to (6) of the Housing Benefit (General) Regulations 1987[8] and regulation 61(2) to (6) of the Council Tax Benefit (General) Regulations 1992[9]";

(ii) for the words "section 15 of the Act" there shall be substituted the words "section 15 of the 1998 Act and paragraph 9 of Schedule 7 to the 2000 Act"; and

(iii) for the words "as it applies" there shall be substituted "as they apply"; and



(c) the following shall be substituted for paragraph (4) - 

    " (4) A person in respect of whom a forfeiture rule question arises and


(a) the Board, in cases concerning tax credits,

(b) the relevant authority, in cases concerning housing benefit or council tax benefit, or

(c) the Secretary of State, in any other case,



shall be authorised to apply for leave to appeal from a Commissioner's decision on a forfeiture rule question.".

Signed by authority of the Lord Chancellor


Jane Kennedy
Parliamentary Secretary, Lord Chancellor's Department

20th March 2001

[2] 1998 c. 14. Section 28 was amended by paragraph 34 of Schedule 7 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2). Section 84 is an interpretation provision and is cited because of the meaning assigned to the word "prescribe".back

[3] 1982 c. 34. Section 4(2) was amended by Article 3 of the Transfer of Functions (Social Security Commissioners) Order 1984 (S.I. 1984/1818).back

[4] The functions of the Lord Advocate under section 79(2) were transferred to the Secretary of State by the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678), Article 2(1) and the Schedule. Those functions were then treated as being exercisable in or as regards Scotland, for the purposes of section 63 of the Scotland Act 1998 (c. 46), by the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), Article 3 and paragraph 19 of Schedule 1, and transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), Article 2 and Schedule 1.back

[5] 1992 c. 53.back

[6] S.I. 1999/1495, as amended by the Social Security Commissioners (Procedure) (Amendments) Regulations 2000 (S.I. 2000/2854).back

[7] S.I. 2001/1002.back

[8] S.I. 1987/1971.back

[9] S.I. 1992/1814; amended by S.I. 1993/688.back

 © Crown copyright 2001