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Change 1
As published
SCHEDULE 4 Persons employed in social security administration or adjudication
Section 123
Part I The specified persons
Government departments
A civil servant in—
the Department for Work and Pensions;
the Ministry of Justice.
The Ministry of Defence
Other public departments and offices
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A civil servant in the Scottish Administration or the Scottish Courts Administration.
Local authorities etc
A member, officer or employee of an authority administering housing benefit or council tax benefit.
A person authorised to exercise any function of such an authority relating to such a benefit or any employee of such a person.
A person authorised under section 139A(1) of this Act to consider and report to the Secretary of State on the administration of housing benefit or council tax benefit.
A member, officer or employee of a county council in England who exercises—
any function conferred on the county council by regulations made under section 7A of this Act;
any function in connection with a relevant purpose within the meaning of section 7B(3) of this Act.
A person authorised to exercise any such function of such a county council or an employee of such a person.
Adjudication officers
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Adjudicating bodies
The clerk to, or other officer or member of the staff of, any of the following bodies—
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a Pensions Appeal Tribunal constituted under the Pensions Appeal Tribunals Act 1943.
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The Occupational Pensions Board
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Former officers
An officer or other member of the staff of—
the former Supplementary Benefits Commission;
the former National Assistance board;
the former Attendance Allowance Board.
A benefit officer.
An insurance officer.
A supplement officer.
A Chief Adjudication Officer.
An adjudication officer.
A social fund officer.
The social fund Commissioner.
A social fund inspector.
A member of any staff employed in connection with the social fund.
A clerk to, or other officer or member of the staff of, the former social security appeal tribunal, the former disability appeal tribunal or the former medical appeal tribunal.
The clerk to, or other officer or member of the staff of, an appeal tribunal.
The clerk to, or other officer or member of the staff of, a Pensions Appeal Tribunal for England and Wales.
Part II Construction of references to government departments etc.
1 The reference in Part 1 of this Schedule to the Department for Work and Pensions is a reference to that Department only to the extent that the functions carried out in it relate to social security, to the investigation or prosecution of offences relating to tax credits, to child support or to occupational or personal pension schemes.
1A The reference in Part 1 of this Schedule to the Department for Work and Pensions includes a reference to—
(a) the former Department of Social Security,
(b) the former Department for Education and Employment, to the extent that the functions carried out in it related to a jobseeker's allowance or to unemployment benefit or income support or to the former supplementary benefit,
(c) the former Department of Health and Social Security, to the extent that the functions carried out in it related to social security or to occupational or personal pension schemes or to war pensions,
(d) the former Ministry of Pensions and National Insurance,
(e) the former Ministry of Social Security and
(f) any other former government department, to the extent that the functions carried out in related to social security or to occupational or personal pensions or to war pensions,
and paragraph 1 above does not apply for the purposes of this paragraph.
1B The reference in Part 1 of this Schedule to the Scottish Administration is a reference to that Administration only to the extent that the functions carried out by persons in its employ—
(a) relate to social security, or
(b) are, or are connected with, functions of the First-tier Tribunal or Upper Tribunal which relate to social security or to occupational or personal pension schemes or to war pensions or functions of the Chief, or any other, Social Security Commissioner.
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3 Any reference in Part I of this Schedule to the Ministry of Justice ... or or the Scottish Courts Administration is a reference to that Ministry or Administration only to the extent that the functions carried out by persons in its employ are, or are connected with—
(a) functions of the First-tier Tribunal or Upper Tribunal which relate to social security or to occupational or personal pension schemes or to war pensions or functions of the Chief, or any other, Social Security Commissioner; ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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3ZA. Any reference in Part 1 of this Schedule to the Ministry of Justice includes a reference to—
(a) the former Lord Chancellor’s Department, and
(b) the former Department of Constitutional Affairs,
to the extent that the functions carried out by persons in its employ were, or were connected with, functions of the Chief, or any other, Social Security Commissioner (and paragraph 3 above does not apply for the purposes of this paragraph).
3A The reference in Part 1 of this Schedule to the Ministry of Defence is a reference to it only to the extent that the functions carried out in it relate to war pensions.
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5 In this Part of this Schedule “war pension” has the meaning given by section 25(4) of the Social Security Act 1989.
Your change, as a redline
SCHEDULE 4 Persons employed in social security administration or adjudication
Section 123
Part I The specified persons
Government departments
A civil servant in—
the Department for Work and Pensions;
the Ministry of Justice.
The Ministry of Defence
Other public departments and offices
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A civil servant in the Scottish Administration or the Scottish Courts Administration.
Local authorities etc
A member, officer or employee of an authority administering housing benefit or council tax benefit.
A person authorised to exercise any function of such an authority relating to such a benefit or any employee of such a person.
A person authorised under section 139A(1) of this Act to consider and report to the Secretary of State on the administration of housing benefit or council tax benefit.
A member, officer or employee of a county council in England who exercises—
any function conferred on the county council by regulations made under section 7A of this Act;
any function in connection with a relevant purpose within the meaning of section 7B(3) of this Act.
A person authorised to exercise any such function of such a county council or an employee of such a person.
Adjudication officers
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adjudicating bodies
The clerk to, or other officer or member of the staff of, any of the following bodies—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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a Pensions Appeal Tribunal constituted under the Pensions Appeal Tribunals Act 1943.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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The Occupational Pensions Board
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Former officers
An officer or other member of the staff of—
the former Supplementary Benefits Commission;
the former National Assistance board;
the former Attendance Allowance Board.
A benefit officer.
An insurance officer.
A supplement officer.
A Chief Adjudication Officer.
An adjudication officer.
A social fund officer.
The social fund Commissioner.
A social fund inspector.
A member of any staff employed in connection with the social fund.
A clerk to, or other officer or member of the staff of, the former social security appeal tribunal, the former disability appeal tribunal or the former medical appeal tribunal.
The clerk to, or other officer or member of the staff of, an appeal tribunal.
The clerk to, or other officer or member of the staff of, a Pensions Appeal Tribunal for England and Wales.
Part II Construction of references to government departments etc.
1 The reference in Part 1 of this Schedule to the Department for Work and Pensions is a reference to that Department only to the extent that the functions carried out in it relate to social security, to the investigation or prosecution of offences relating to tax credits, to child support or to occupational or personal pension schemes.
1A The reference in Part 1 of this Schedule to the Department for Work and Pensions includes a reference to—
(a) the former Department of Social Security,
(b) the former Department for Education and Employment, to the extent that the functions carried out in it related to a jobseeker's allowance or to unemployment benefit or income support or to the former supplementary benefit,
(c) the former Department of Health and Social Security, to the extent that the functions carried out in it related to social security or to occupational or personal pension schemes or to war pensions,
(d) the former Ministry of Pensions and National Insurance,
(e) the former Ministry of Social Security and
(f) any other former government department, to the extent that the functions carried out in related to social security or to occupational or personal pensions or to war pensions,
and paragraph 1 above does not apply for the purposes of this paragraph.
1B The reference in Part 1 of this Schedule to the Scottish Administration is a reference to that Administration only to the extent that the functions carried out by persons in its employ—
(a) relate to social security, or
(b) are, or are connected with, functions of the First-tier Tribunal or Upper Tribunal which relate to social security or to occupational or personal pension schemes or to war pensions or functions of the Chief, or any other, Social Security Commissioner.
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 Any reference in Part I of this Schedule to the Ministry of Justice ... or or the Scottish Courts Administration is a reference to that Ministry or Administration only to the extent that the functions carried out by persons in its employ are, or are connected with—
(a) functions of the First-tier Tribunal or Upper Tribunal which relate to social security or to occupational or personal pension schemes or to war pensions or functions of the Chief, or any other, Social Security Commissioner; ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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3ZA. Any reference in Part 1 of this Schedule to the Ministry of Justice includes a reference to—
(a) the former Lord Chancellor’s Department, and
(b) the former Department of Constitutional Affairs,
to the extent that the functions carried out by persons in its employ were, or were connected with, functions of the Chief, or any other, Social Security Commissioner (and paragraph 3 above does not apply for the purposes of this paragraph).
3A The reference in Part 1 of this Schedule to the Ministry of Defence is a reference to it only to the extent that the functions carried out in it relate to war pensions.
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 In this Part of this Schedule “war pension” has the meaning given by section 25(4) of the Social Security Act 1989.
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