Clause 7 - Amendment and repeals

Part of Armed Forces – in a Public Bill Committee at 10:15 am on 24th February 2004.

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Photo of David Lammy David Lammy Parliamentary Under-Secretary (Department for Constitutional Affairs) 10:15 am, 24th February 2004

I beg to move amendment No. 22, in

clause 7, page 3, line 23, at end insert—

'( ) In Schedule 4 to the Social Security Act 1998 (c.14) (Social Security Commissioners), in paragraph 3(1) (expenses of attending appeal proceedings), after ''under section 14 of this Act'' there is inserted '',under section 6A of the Pensions Appeal Tribunals Act 1943''.'.

I referred to this amendment earlier. Paragraph 3(1) of schedule 4 to the Social Security Act 1998 provides for the expenses of applicants appearing before the commissioners. The effect of the provision is that persons attending commissioner hearings qualify for travelling allowances and others covering overnight stays and subsistence.

As we have discussed, the Bill introduces a new appeals jurisdiction to the commissioners and not to the High Court. The new PAT jurisdiction needs to be explicitly mentioned in the expenses provision to extend the expenses regime to appeals to the PAT. The amendment will add the reference

''under section 6A of the Pensions Appeal Tribunals Act 1943'' to the relevant provision of the Social Security Act 1998. Section 6A is the new section inserted by the Bill and enables appeals from the PAT to the commissioners. That reference allows the expenses to be made.

In moving the amendment, it is right to say that I am grateful to the hon. Member for Aldershot for his amendment, which alerted us to the oversight.