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The Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999

Type Statutory-Instrument
Publication 1999-07-04
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
Reform history JSON API PDF

Made: 4th July 1999

The Secretary of State for Social Security, in exercise of the powers conferred on him by sections 79(3) and (4) and 87(2) and (3) of the Social Security Act 1998 and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation

1

and references to sections and Schedules are references to sections of, and Schedules to, the Act.

Appointed day

2

Savings

3

shall continue to have effect with respect to any decision given before 1st April 1999 by the Secretary of State under section 17(1)(d) of that Act (decision whether person employed in employed earner’s employment for purposes of industrial injuries benefit).

Consequential amendments and modifications

4

Transitional provisions

5

Schedule 12 to this Order shall have effect.

SCHEDULE 1 — PROVISIONS BROUGHT INTO FORCE ON 5th JULY 1999 FOR PURPOSES SPECIFIED IN ARTICLE 2(1)(b)

Provision of the Act Subject matter
Section 1(a) Transfer of adjudication officer’s functions to Secretary of State
Section 2(2)(a) Use of computers
Section 4(1)(a), in so far as it relates to social security appeal tribunals and medical appeal tribunals, and (2)(a) Unified appeal tribunals
Section 8(1)(a) and (c), (2), (3)(a) and (g), (4) and (5) Decisions by Secretary of State
Sections 9 and 10 Revisions, and decisions superseding earlier decisions
Section 11(1) and (2), and (3) except the definition of “the current legislation" in so far as it relates to the Jobseekers Act 1995 and the Social Security (Recovery of Benefits) Act 1997 and the definition of the former legislation in so far as it relates to Part II of the Social Security Act 1986 Regulations with respect to decisions, and assistance from experts
Section 12(1)(a) (in so far as it relates to paragraphs 4, 5, 6(a) and 9 of Schedule 2) and (b) (in so far as it relates to paragraphs 1, 2, 3(a) and (c), 4, 5 (except in so far as that paragraph relates to section 71A of the Administration Act ), 6, 7 and 9 of Schedule 3), (2), (3), (4) (except in so far as it relates to section 74 of the Administration Act) and (5) to (9) Appeal to appeal tribunal
Section 13 Redetermination etc. of appeals
Section 14 and Schedule 4 Appeal from tribunal to Commissioner
Section 15 Appeal from Commissioner on point of law
Section 16 and Schedule 5 Procedure
Section 17 Finality of decisions
Sections 18(1) and 19 Matters arising as respects decisions, and medical examination required by Secretary of State
Section 20(1), (2) and (3)(a) Medical examination required by appeal tribunal
Sections 21 to 25 Suspension and termination of benefits, and decisions dependent on other cases
Section 26 Appeals involving issues that arise on appeal in other cases
Section 27 Restrictions on entitlement to benefit in cases of error
Section 28 (except subsection (3)(d) and (e)) Correction of errors, and setting aside of decisions
Sections 29 and 30 Industrial accidents
Section 39 Interpretation etc. of Chapter II of Part I of the Act
Schedule 7 in the respects specified below, and section 86(1) in so far as it relates to them— Minor and consequential amendments—
paragraph 11 provision as to forfeiture
paragraphs 63 to 65 provisions concerned with industrial injuries and diseases
paragraphs 66 to 71 miscellaneous provisions relating to benefits
paragraph 79(1) claims and payments
paragraph 81 overpayments
paragraph 84 issues arising in proceedings
paragraphs 88 and 89 disclosure of information, and notification of deaths
paragraphs 101 and 102 general financial matters
paragraphs 106 to 108 reciprocal agreements, and travelling expenses
paragraph 111(b) definition of “claimant"
paragraph 115 old cases payments
paragraph 129 information about pensions
paragraphs 130(2) and 131 decisions and appeals about pension schemes
Schedule 8 in respect of the repeals specified below, and section 86(2) in so far as it relates to them— repeals
in the Administration Act—section 164(5)(a)in the Pension Schemes Act 1993—section 167(4) in the Administration Act—section 164(5)(a)in the Pension Schemes Act 1993—section 167(4)

SCHEDULE 2 — AMENDMENT OF THE SOCIAL SECURITY (GUARDIAN’S ALLOWANCES) REGULATIONS 1975

In regulation 1(2) (interpretation), for the definition of “the determining authority” there shall be substituted the following definition—

  • “the determining authority” means, as the case may require, the Secretary of State, an appeal tribunal constituted under section 7 of the Social Security Act 1998, the Chief or any other Social Security Commissioner, or a tribunal consisting of any three or more such Commissioners constituted in accordance with section 16(7) of that Act;

SCHEDULE 3 — AMENDMENT OF THE CHILD BENEFIT (GENERAL) REGULATIONS 1976

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SCHEDULE 4 — AMENDMENT OF THE SOCIAL SECURITY (CLAIMS AND PAYMENTS) REGULATIONS 1979

1

In regulation 2(1) (interpretation) the definition of “determining authority" shall be omitted.

2

In regulation 26 (obligations of claimants for, and beneficiaries in receipt of, disablement benefit)—

SCHEDULE 5 — MODIFICATION OF THE SOCIAL SECURITY (GENERAL BENEFIT) REGULATIONS 1982

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SCHEDULE 6 — AMENDMENT OF THE WORKMEN’S COMPENSATION (SUPPLEMENTATION) SCHEME 1982

1

In article 1 (citation, commencement and interpretation)—

“the appropriate determining authority" means the Secretary of State or, as the case may be, an appeal tribunal or a Commissioner within the meaning of section 39 of the 1998 Act;

“claimant" means a person claiming an allowance and includes, in relation to the revision or supersession of a decision, a beneficiary under the award or affected by the decision;

“medical practitioner" means a medical practitioner who has experience in the issues specified in regulation 12(1) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999;

2

In article 6(5) (amount of workmen’s compensation) for the word “review" there shall be substituted the words “ revision or supersession ”;

3

For article 12 (determination of questions arising under the scheme) there shall be substituted the following article—

(12) Subject to the provisions of Part IV of this scheme, any question relating to any allowance or benefit under this scheme shall be determined as if it had arisen under Part V of the Social Security Contributions and Benefits Act 1992 and, except where this scheme otherwise provides, the provisions of the 1998 Act, and of the Social Security (General Benefit) Regulations 1982, the Social Security (Claims and Payments) Regulations 1987, the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988, the Social Security and Child Support (Decisions and Appeals) Regulations 1999 and the Social Security Commissioners (Procedure) Regulations 1999 which are specified in Schedule 2 to this scheme shall, with the necessary modifications, apply for the purposes of this scheme.

4

For article 13 (reference of questions to the medical board) there shall be substituted the following article—

(13) (1) Subject to the provisions of paragraph (2) of this article, where the Secretary of State has decided that a claimant is not totally disabled as a result of pneumoconiosis for the purposes of a compensation scheme, and that claimant claims a major incapacity allowance, that claim shall be referred by the Secretary of State to a medical practitioner for advice. (2) For the purposes of paragraph (1) of this article— (a) in a case where the claimant has been held in arbitration proceedings under the Workmen’s Compensation Acts to be totally disabled as a result of pneumoconiosis, the Secretary of State may determine that the claimant is so disabled without referring the question to a medical practitioner; (b) in a case where the Secretary of State is of the opinion that any other decision or determination disposes of the claim, he may, without referring the question whether the claimant is totally disabled as a result of pneumoconiosis to a medical practitioner, make a decision that an award cannot be made on the claim.

5

For article 14 (issue of certificate by a medical board) there shall be substituted the following article—

(14) Where, in pursuance of a reference under article 13 of this scheme, a medical practitioner is satisfied, having examined the claimant, that he is totally disabled as a result of pneumoconiosis, he shall report his findings to the Secretary of State accordingly.

6

In article 15 (radiographic examination) for the words—

7

In article 17 (obligations of claimants and of persons in receipt of allowances to undergo medical examination)—

8

For article 26 (review of decisions of the Board) there shall be substituted the following article—

(26) (1) The Secretary of State may at any time and from time to time revise or supersede any decision given by the Board under provisions of the Workmen’s Compensation (Supplementation) Scheme 1966 in force immediately before 1st July 1977, if— (a) the decision was erroneous in view of new facts which have been brought to his notice since the date on which the decision was given or by reason of some mistake being made with respect to the facts or the law; or (b) there has been any relevant change of circumstances since the decision was given. (2) A decision of the Board may be revised or superseded by the Secretary of State on his own initiative or by application in writing to him for the purpose. (3) Where it appears to the Secretary of State that an issue has arisen whether the decision as to an award of an allowance to which this article relates ought to be revised or superseded in accordance with the provisions of paragraph (1), he may decide that payment of the allowance shall be suspended in whole or in part until that issue has been determined. (4) Repayment of sums by way of an allowance in pursuance of the original decision shall not be required under this article in any case where it is shown to the satisfaction of the Secretary of State that in the obtaining and receipt of the benefit the beneficiary, and any person acting for him, has throughout used due care and diligence to avoid overpayment. (5) For the purposes of this article a decision given under any scheme made under the 1951 Act shall be treated as if it had been given under the Workmen’s Compensation (Supplementation) Scheme 1966 as it was immediately before the Workmen’s Compensation (Supplementation) Amendment Scheme 1977 came into operation. (6) On a revision or supersession of a decision given by the Board under any scheme made under the 1951 Act in force before 1st March 1966 a decision given by the Secretary of State may determine any issues referred to him arising under any such scheme.

9

In article 33 (review)—

11

For Schedule 2 there shall be substituted the following Schedule—

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