OpenLegislation

Paragraph 44 I1I2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

After that section there shall be inserted the following sections—

“Finality of decisions

46A
(1)

Subject to the provisions of this Act, any decision of the Secretary of State or an appeal tribunal made in accordance with the foregoing provisions of this Act shall be final.

(2)

If and to the extent that regulations so provide, any finding of fact or other determination embodied in or necessary to such a decision, or on which such a decision is based, shall be conclusive for the purposes of—

(a)

further such decisions;

(b)

decisions made in accordance with sections 8 to 16 of the Social Security Act 1998, or with regulations under section 11 of that Act; and

(c)

decisions made under the 1979 c. 17.Vaccine Damage Payments Act 1979.

Matters arising as respects decisions

46B
(1)

Regulations may make provision as respects matters arising pending—

(a)

any decision of the Secretary of State under section 11, 12 or 17;

(b)

any decision of an appeal tribunal under section 20; or

(c)

any decision of a Child Support Commissioner under section 24.

(2)

Regulations may also make provision as respects matters arising out of the revision under section 16, or on appeal, of any such decision as is mentioned in subsection (1).

(3)

Any reference in this section to section 16, 17 or 20 includes a reference to that section as extended by Schedule 4C.”

Annotations

Commencement

I1

Sch. 7 para. 44 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I2

Sch. 7 para. 44 in force at 1.6.1999 in so far as not already in force by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)