OpenLegislation

Section 93 Principal questions for Secretary of State

Original text. Later amendments are not shown.

(1)

Subject to this Part of this Act, any of the following questions arising under this Act shall be determined by the Secretary of State—

(a)

a question whether a person is an earner and, if he is, as to the category of earners in which he is to be included;

(b)

subject to subsection (2) below, a question whether the contribution conditions for any benefit are satisfied, or otherwise relating to a person's contributions or his earnings factor;

(c)

a question which of two or more persons satisfying the conditions for an increase of benefit (whether benefit of the same or a different description) is entitled to the increase where by virtue of some provision of Part II not more than one of those persons is so entitled;

(d)

a question whether a person is or was employed in employed earner's employment for the purposes of Part II, Chapters IV and V.

(2)

Subsection (1)(b) above includes any question arising—

(a)

under section 9(7) of this Act as to whether by regulations under that subsection a person is excepted from liability for Class 4 contributions, or his liability is deferred; or

(b)

under regulations made by virtue of section 9(9) or 10;

but not any other question relating to Class 4 contributions, nor any question within section 98(1)(c) (disqualification for unemployment benefit, etc.).

(3)

The Secretary of State may, if he thinks fit, before determining any question within subsection (1) above, appoint a person to hold an inquiry into the question, or any matters arising in connection therewith, and to report on the question, or on those matters, to the Secretary of State.