Paragraph 38 Forfeiture Act 1982

In section 4 of the Forfeiture Act 1982^f1 (Commissioner to decide whether rule applies to social security benefits)—

(a)

in the heading for “Commissioner” substitute “Upper Tribunal”;

(b)

in subsections (1), (1A), (1G) and (1H) for “a Commissioner”, in each place, substitute “the Upper Tribunal”;

(c)

in subsections (1A), (1B) and (1E) for “the Commissioner”, in each place, substitute “the Upper Tribunal”;

(d)

in subsection (1B) for “he” substitute “it”;

(e)

in subsection (1E) for “he may direct that his” substitute “the Upper Tribunal may direct that its”;

(f)

in subsection (2)—

(i)

for the words from the beginning to “expedient” substitute “Tribunal Procedure Rules may make provision”;

(ii)

for “the regulations” substitute “the rules”; and

(iii)

omit paragraph (b) (together with the “and” immediately before it);

(g)

omit subsections (3) and (4); and

(h)

in subsection (5) omit the definition of “Commissioner”.

Annotations

f1: 1982 c.34. Subsections (1A) to (1H) were inserted by section 76(2) of the Social Security Act 1986 (c.50). Subsection (2)(b) was amended by paragraph 11(1) of Schedule 7 to the Social Security Act 1998 (c.14). In subsection (5) the definition of “Commissioner” was amended by paragraph 11(2) of Schedule 7 to the 1998 Act.