The Social Security Act 1998 (Commencement No. 6) Order 1999

Made: 31st March 1999

The Secretary of State for Social Security, in exercise of the powers conferred by sections 79(3) and 87(2) and (3) of the Social Security Act 1998¹ and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation

1

• (1) This Order may be cited as the Social Security Act 1998 (Commencement No. 6) Order 1999.

• (2) In this Order, except where the context otherwise requires, references to sections and Schedules are references to sections of, and Schedules to, the Social Security Act 1998.

• (3) In this Order “subject to directions and guidance” means in accordance with–

• (a) directions given under section 138(1)(b) of the Contributions and Benefits Act² and section 66 of the Administration Act³;

• (b) general directions issued under section 140(2) of the Contributions and Benefits Act and sections 66 and 168(5) of the Administration Act; and

• (c) guidance issued under section 138(1)(b) of the Contributions and Benefits Act,

and taking account of guidance and general guidance issued under section 66 of the Administration Act and general guidance issued under section 140(2) of the Contributions and Benefits Act and section 64(3) the Administration Act.

Appointed day

2

5th April 1999 is the appointed day for the coming into force of–

• (a) sections 70 and 71;

• (b) sub-paragraphs (3) and (4) of paragraph 72 of Schedule 7 and section 86(1) in so far as it relates to them; and

• (c) section 86(2) and Schedule 8 in so far as they repeal sections 139(3) and 140(4)(e) of the Contributions and Benefits Act.

Transitional provision

3

• (1) Any question arising upon–

• (a) an application made before the appointed day for a payment out of the social fund; or

• (b) a review of a determination made subject to directions and guidance in force before the appointed day, shall be determined subject to directions and guidance in force immediately before the appointed day.

• (2) Until the coming into force of paragraph 73 of Schedule 7, section 140(1A) of the Contributions and Benefits Act shall have effect as if the references to “an appropriate officer” and “the appropriate officer” were references respectively to “a social fund officer” and “the social fund officer”.

Signed

Signed by authority of the Secretary of State for Social Security.

Patricia Hollis — Parliamentary Under-Secretary of State, — Department of Social Security — 31st March 1999

Explanatory note

(This note is not part of the Order)

This Order provides for the coming into force on 5th April 1999 of provisions in the Social Security Act 1998 which amend provisions in the Social Security Contributions and Benefits Act 1992 relating to payments from the social fund.

Article 2 (a) commences provisions which enable payments to be made out of the social fund by way of community care grant, crisis loan or budgeting loan in accordance with directions given or guidance issued by the Secretary of State. The terms “community care grant”, “crisis loan” and “budgeting loan” are defined. Provision is made that an application for an award of a community care grant may be treated as an application for an award of a crisis loan and vice versa in circumstances specified in a direction issued by the Secretary of State. Provision is also made as to the factors which a social fund officer should take into account in determining whether to make a budgeting loan.

Article 2 (b) and (c) commence provisions which make amendments to, and repeal, provisions consequential on the effect of the provisions commenced by article 2(a).

Article 3 makes transitional provision in the light of the effect of the provisions commenced by article 2. Article 3(1) provides that questions arising on applications or decisions made before 5th April 1999 shall be determined subject to directions and guidance in force on 4th April 1999. Article 3(2) provides that the references to appropriate officers in section 140(1A) (which is inserted by virtue of article 2(a)) shall be treated as references to social fund officers.

This Order does not impose a charge on business.

Footnotes