§ 10 Clause 33, page 43, line 13, at end insert—
§ "(11 A) A person applying for a social fund payment may appeal to a social security appeal tribunal constituted in 435 accordance with section 97(2) to (2E) of the Social Security Act 1975 against any determination of a social fund officer with respect to the appication.
§ (11B) On an appeal under subsection (11A) above the appeal tribunal may—
- (a) confirm the determination appealed against;
- (b) substitute for that determination any other determination which a social fund officer could have made; or
- (c) if the appeal is against a determination under subsection (3) or (4) above, set aside that determination".
§ The Commons disagreed to the above amendment but proposed the following amendments in lieu thereof:
§ 11 Page 41, line 22, leave out from "fund" to "shall" in line 28 and insert—
§ "(1A) Payments may be made out of that fund, in accordance with this Part of this Act—
- (a) to meet, in prescribed circumstances, maternity expenses and funeral expenses; and
- (b) to meet other needs in accordance with directions given or guidance issued by the Secretary of Slate.
§ (1B) Payments under this section.".
§ 12Page 41, line 28, at end insert—
"(1C) Social fund payments to meet funeral expenses may in all cases be recovered, as if they were funeral expenses, out of the estate of the deceased, and (subject to section 51 below) by no other means.".
§ 13Page 41, line 35, leave out subsection (4).
§ 14 Page 42, line 6, at end insert "such as are mentioned in subsection (lA)(b) above; and the Secretary of State may allocate an amount, or allocate different amounts for different purposes, for such payments by a particular social fund officer or group of officers in a financial year.".
§ 15Page 42, line 10, after "payment", insert ", such as is mentioned in section 32 (lA)(b) above".
§ 16Page 42, line 18, leave out "under section 32(l)(b) or (c) above".
§ 17Page 42, line 22, leave out subsection (6).
§ 18Page 42, line 26, leave out "made under section 32(1)(c) above".
§ 19Page 42, line 28, leave out "made under section 32(1)(c) above".
§ 20Page 43, line 7, leave out "(4)" and insert "(6)".
§ 21Page 43, line 36, leave out from "inspector" to end of line 37 and insert "appointed by the social fund Commissioner under section [The social fund Commissioner] below".
§ 22 After Clause 34, insert the following new Clause—
§ A.—(l) There shall be an officer to be known as the social fund Commissioner (in this section referred to as "the Commissioner.").
§ (2) The Commissioner shall be appointed by the Secretary of State.
§ (3) The Commissioner—
- (a) shall appoint such social fund inspectors;
- (b) may appoint such officers and staff for himself and for social fund inspectors, as he thinks fit, but with the consent of the Secretary of State and the Treasury as to numbers.
§ (4) Appointments under subsection (3) above shall be made from persons made available to the Commissioner by the Secretary of State.
§ (5) It shall be the duty of the Commissioner—
- (a) to monitor the quality of decisions of social fund inspectors and give them such advice and assistance as he thinks fit to improve the standard of their decisions;
- (b) to arrange such training of social fund inspectors as he considers appropriate; and
- (c) to carry out such other functions in connection with the work of social fund inspectors as the Secretary of State may direct.
§ (6) The commissioner shall report annually in writing to the Secretary of State on the standards of reviews by social fund inspectors and the Secretary of Slate shall publish his report.''.436
23Page 44, line 2, at end insert—
"(4A) A social fund inspector may review a determination under subsection (3) above made by himself or some other social fund inspector.".
§ 24Page 55, line 8, at end insert "and any social fund payments such as are mentioned in section 32(1A)(a) above".
§ 25Page 56, line 9, at end insert "and any social fund payments such as are mentioned in section 32(1A)(a) above".
§ 26Page 59, line 16, at end insert "and any social fund payments such as are mentioned in section 32(1A)(a) above".
§ Baroness Trumpington
My Lords, I beg to move that this House do not insist on their Amendment No.10 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 11to 26 in lieu thereof.
§ Moved, That this House do not insist on their Amendment No. 10 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 11 to 26 in lieu thereof.— (Baroness Trumpington).
§ [Amendments Nos. 27 to 27G not moved.]