§ '(1) Regulations may make provision for requiring or enabling, in prescribed circumstances—
- (a) the Secretary of State to review any determination of his under this Part; and
- (b) an insurance office or (on a reference from an insurance officer) a local tribunal to review any other determination under this Part, whether made by an insurance officer or by a local tribunal or Commissioner;
§ (2) Regulations under this section may in particular provide for any decision on a review carried out in accordance with the regulations to be subject to appeal in such circumstances and in such manner as may be prescribed.'.—[Mr. Rossi.]
§ Brought up, and read the First time.
4.21 pm§ The Minister for Social Security (Mr. Hugh Rossi)I beg to move, That the clause be read a Second time.
The effect of the clause is to give power to make regulations enabling the Secretary of State, insurance officers or local tribunals to review certain decisions in the circumstances prescribed in regulations.
The regulation-making power provides for review by the Secretary of State of any of his determinations under clause 11, such as whether a person is an employer or employee. The power also provides for review by the insurance officer or local tribunal of any decision made by an insurance officer, local tribunal of commissioner.
In Committee the Government undertook that they would substitute for the provision that gives the Secretary of State a right of appeal one giving insurance officers power to review decisions that appear to stand in need of correction.
We shall come later to amendments to clause 13—amendments Nos. 25, 26 and 27—which will give full effect to the new clause.
Powers to review are an integral and well-established part of the existing adjudication procedures for social security benefits. Their purpose is to provide a simple and straightforward means of correcting decisions. They are particularly useful where, despite the efforts of the Department to establish the full facts, a further vital piece of evidence emerges after the insurance officer has given his decision. Without review powers, such decisions could be revised only by going to the local tribunal or commissioner. When this happens the time for appealing is almost invariably exhausted. Although it was not originally thought necessary to include review powers in the Bill, when lawyers and officials came to study the 499 position in greater depth it was recognised that the absence of such powers would mean inconvenience for employers and employees alike.
That was the point that was made in Committee, when hon. Members questioned whether it was necessary for the Secretary of State to have powers of appeal rather than having the cases reviewed, as we now propose. We considered that it would be wrong perhaps to force employers or employees to attend a tribunal hearing when a far simpler procedure could be made available. It is for this reason that we have produced the clause, in answer to the representations made in Committee. I am sure that all hon. Members will see it as beneficial to employers and employees.
§ Question put and agreed to.
§ Clause read a Second time and added to the Bill.