The Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999

Made: 2nd September 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

• (1) This Order may be cited as the Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999.

• (2) In this Order, unless the context otherwise requires—

• (a) “the Act" means the Social Security Act 1998;

• (b) “the Regulations" means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ;

• (c) “relevant benefit" means any of the benefits to which article 2(c) of this Order refers,

• (d) “relevant benefit” also means the following benefits under the Social Security Act 1975—

• (i) sickness benefit under section 14;

• (ii) unemployment benefit under section 14;

• (iii) invalidity pension under section 15; and

• (iv) invalidity allowance under section 16.

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

Appointed day

2

6th September 1999 is the day appointed for the coming into force of—

• (a) section 31;

• (b) section 39(3) in so far as it provides that section 61A of the Administration Act shall cease to have effect, and section 86(2) and Schedule 8 in so far as they repeal that section 61A; and

• (c) the provisions specified in Schedule 1 to this Order, in so far as those provisions are not already in force, for the purposes of—

• (i) benefits under Part II of the Contributions and Benefits Act except child’s special allowance;

• (ii) severe disablement allowance under sections 68 and 69 of that Act;

• (iii) benefits for the aged under sections 78 and 79 of that Act;

• (iv) increases for dependants under Part IV of that Act; and

• (v) graduated retirement benefit under sections 36 and 37 of the National Insurance Act 1965 .

Consequential amendments and modifications

3

• (1) Subject to paragraph (15) the amendments and modifications made by the following paragraphs of this article shall take effect as from 6th September 1999.

• (2) The Social Security Benefit (Dependency) Regulations 1977 shall as they relate to any of the relevant benefits be modified in accordance with Schedule 2 to this Order.

• (3) Section 36(10) of the National Insurance Act 1965 as continued in force by virtue of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 shall be omitted.

• (4) The Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 shall be amended in accordance with Schedule 3 to this Order.

• (5) The Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations 1979 shall be amended in accordance with Schedule 4 to this Order.

• (6) The Social Security (Severe Disablement Allowance) Regulations 1984 shall be amended in accordance with Schedule 5 to this Order.

• (7) The Income Support (General) Regulations 1987 shall be amended in accordance with Schedule 6 to this Order.

• (8) The Social Security (Claims and Payments) Regulations 1987 shall as they relate to any of the relevant benefits be modified in accordance with Schedule 7 to this Order.

• (9) The Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988 shall as they relate to any of the relevant benefits be modified in accordance with Schedule 8 to this Order.

• (10) The Social Security (Incapacity Benefit-Increases for Dependants) Regulations 1994 shall be amended in accordance with Schedule 9 to this Order.

• (11) The Social Security (Incapacity for Work) (General) Regulations 1995 shall be amended in accordance with Schedule 10 to this Order.

• (12) The Disability Working Allowance and Income Support (General) Amendment Regulations 1995 shall be amended in accordance with Schedule 11 to this Order.

• (13) The Social Security (Persons From Abroad) Miscellaneous Amendments Regulations 1996 shall be amended in accordance with Schedule 12 to this Order.

• (14) The Social Security Benefit (Computation of Earnings) Regulations 1996 shall as they relate to any of the relevant benefits be modified in accordance with Schedule 13 to this Order.

• (15) The amendments in paragraph (16) shall take effect as from 16th October 2006.

• (16) In the Social Security (Incapacity Benefit) (Transitional) Regulations 1995—

• (a) in regulation 11 (transitional awards of short-term incapacity benefit) after paragraph (5) add—

(6) The transitional award under paragraph (1) is treated as a decision of the Secretary of State under section 8(1) of the Social Security Act 1998 (decisions by Secretary of State) and as an incapacity decision for the purposes of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

; and

• (b) in regulation 17 (transitional awards of long-term incapacity benefit) after paragraph (4) add—

(5) The transitional award under paragraph (1) is treated as a decision of the Secretary of State under section 8(1) of the Social Security Act 1998 (decision by Secretary of State) and as an incapacity decision for the purposes of the Social Security and Child Support (Decisions and Appeals) Regulations 1999.

Transitional provisions

4

Schedule 14 to this Order shall have effect as from 6th September 1999.

Savings

5

Notwithstanding the coming into force of section 39(3) (Part II of the Administration Act to cease to have effect), section 86(2) and Schedule 8 (repeals) or regulation 59 (revocations) of the Regulations—

• (a) sections 18 and 19 of the Administration Act (appeals on questions of law, and review of decisions);

• (b) sections 59 to 61 of, and Schedule 3 to, that Act (regulations about procedural and supplementary matters) as they relate to regulations made in relation to those sections; and

• (c) any regulations made under or in connection with the operation of any of those sections or that Schedule,

shall continue to have effect with respect to any decision given before 6th September 1999 by the Secretary of State under section 17 of that Act (questions for the Secretary of State).

SCHEDULE 1 — PROVISIONS BROUGHT INTO FORCE ON 6TH SEPTEMBER 1999 FOR THE PURPOSES SPECIFIED IN ARTICLE 2(c)

Provision of the Act	Subject matter
Section 1(a)	Transfer of functions of adjudication officers 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), (4) and (5)	Decisions by the Secretary of State
Sections 9 and 10	Revision, 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 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 and 9 of Schedule 3), (2), (3), (4) (except in so far as it relates to section 74 of the Administration Act) and (6) to (9)	Appeal to appeal tribunal
Section 13	Redetermination etc. of appeals by appeal tribunal
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 27 (except section 26(8))	Suspension and termination of benefit, decisions and appeals involving issues that arise on appeals in other cases, and restrictions on entitlement in cases of error
Section 28 (except subsection (3)(c) to (e))	Correction of errors, and setting aside of decisions
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
paragraph 62	Category A and Category B retirement pensions: supplemental provisions
paragraphs 66 to 71(a)	miscellaneous provisions relating to benefits
paragraph 76	incapacity for work: disqualification etc.
paragraph 78	late claims for widowhood benefits
paragraph 79(1)	claims and payments
paragraph 81	overpayments
paragraphs 88 and 89	disclosure of information, and notification of deaths
paragraph 102	financial review and report
paragraphs 107 and 108	reciprocal agreements and travelling expenses
paragraph 109	regulations and orders under the Administration Act
paragraph 112	application to Northern Ireland
paragraph 121(2)(a) and (c)	tribunals under supervision of Council on Tribunals
paragraph 123(1)(a)	judicial pensions—other appointments
paragraph 124(1)(a)	judicial retirement—the relevant offices

SCHEDULE 2 — MODIFICATION OF THE SOCIAL SECURITY BENEFIT (DEPENDENCY) REGULATIONS 1977

As if in regulation 1(2)[^f00028] (interpretation), for the definition of “the determining authority” there were substituted the following definition—

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

SCHEDULE 3 — AMENDMENT OF THE SOCIAL SECURITY (WIDOW’S BENEFIT AND RETIREMENT PENSIONS) REGULATIONS 1979

1

In regulation 1 (citation, commencement and interpretation)—

• (a) in paragraph (2), 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 Chapter I of Part I of the Social Security Act 1998 or a Commissioner, or a tribunal consisting of three or more such Commissioners constituted in accordance with section 16(7) of that Act;

; and

• (b) in paragraph (3) the words—

• (i) “the Secretary of State or"; and

• (ii) “, whichever is appropriate",

shall be omitted.

2

In regulation 4(2)(b)(i) (days to be treated as days of increment) the words—

• (a) “the Secretary of State or"; and

• (b) “, whichever is appropriate,",

shall be omitted.

SCHEDULE 4 — AMENDMENT OF THE SOCIAL SECURITY (WIDOW’S BENEFIT, RETIREMENT PENSIONS AND OTHER BENEFITS) (TRANSITIONAL) REGULATIONS 1979

1

In regulation 2(3) (interpretation), for the words “, a social security appeal tribunal or an adjudication officer" there shall be substituted the words “ or an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998 ”.

2

Paragraph (2) of regulation 19 shall be omitted.

SCHEDULE 5 — AMENDMENT OF THE SOCIAL SECURITY (SEVERE DISABLEMENT ALLOWANCE) REGULATIONS 1984

1

In regulation 10 (adjudication)—

• (a) in paragraph (1)(i), for the words “an adjudicating medical authority" there shall be substituted the words “ the Secretary of State or, as the case may be, an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998 ”; and

• (b) paragraphs (3) and (4) shall be omitted.

2

Sub-paragraph (c) of regulation 18(3) shall be omitted.

SCHEDULE 6 — AMENDMENT OF THE INCOME SUPPORT (GENERAL) REGULATIONS 1987

1

In regulation 22A (reduction in applicable amount where claimant is appealing against a decision that he is not incapable of work)—

• (a) in paragraphs (1) and (3) and in the heading, after the words “against a decision" there shall be inserted the words “ which embodies a determination ”; and

• (b) in paragraph (3), for the word “decision" in the second place in which it occurs there shall be substituted the word “ determination ”.

2

In regulations 71(1)(d) (applicable amounts in urgent cases) and 76(a)(d) (reductions), after the words “against a decision" in each place in which it occurs there shall be inserted the words “ which embodies a determination ”.

3

In Schedule 1B(d) (prescribed categories of person)—

• (a) in paragraphs 24 and 25, after the words “against the" there shall be inserted the words “ decision which embodies a ”;

• (b) in paragraphs 26 and 27, after the word “decisions" there shall be inserted the words “ which embody a determination ”; and

• (c) in the heading to paragraphs 24 to 28, after the word “decision" there shall be inserted the words “ which embodies a determination ”.

SCHEDULE 7 — MODIFICATION OF THE SOCIAL SECURITY (CLAIMS AND PAYMENTS) REGULATIONS 1987

1

As if in regulation 2(1) (interpretation), in the definition of “claim for benefit" for the words “the review of an award or" (in both places where the expression occurs) there were substituted the words “ a revision under section 9 or a supersession under section 10 of the Social Security Act 1998 of ”.

2

As if in regulation 13 (advance claims and awards)—

• (a) in paragraph (1) for the words—

• (i) “adjudicating authority" there were substituted the words “ Secretary of State ”;

• (ii) “that authority" there were substituted the words “ the Secretary of State ”; and

• (b) in paragraph (2), for the words “An award under paragraph (1)(b) shall be reviewed by the adjudicating authority" there were substituted the words “ A decision pursuant to paragraph (1)(b) to award benefit may be revised under section 9 of the Social Security Act 1998 ”.

3

As if in regulation 17(4) (duration of awards), the words from “; and where those" to the end were omitted.

4

As if in the heading to Part V, the words “SUSPENSION AND" were omitted.

5

As if regulations 37 to 37B (suspension and withholding of benefit) were omitted.

6

As if in regulation 38(2A) (extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period)—

• (a) for the words “adjudicating authority" in both places in which they occur there were substituted the words “ Secretary of State ”;

• (b) in sub-paragraph (a) for the words “the Secretary of State has" there were substituted the word “ he ”; and

• (c) in sub-paragraph (c)—

• (i) the words “the Secretary of State has certified" were omitted;

• (ii) the word “that" in each place in which it occurs were omitted;

• (iii) in head (ii), for the word “him" there were substituted the words “ the Secretary of State ”.

SCHEDULE 8 — MODIFICATION OF THE SOCIAL SECURITY (PAYMENTS ON ACCOUNT, OVERPAYMENTS AND RECOVERY) REGULATIONS 1988

1

As if in regulation 1(2) (interpretation), for the definition of “adjudicating authority" there were substituted the following definition—

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

2

As if in regulation 2(1)(b) (making of interim payments), for the words “a reference, review," there were substituted the word “ an ”.

3

As if in regulation 5(2) (offsetting prior payment against subsequent award)—

• (a) for Case 1 there were substituted the following case—

Where a person has been paid a sum by way of benefit pursuant to a decision which is subsequently revised under section 9 of the Social Security Act 1998, superseded by a decision under section 10 of that Act or overturned on appeal

; and

• (b) in Case 2, the words “, on review or appeal," were omitted.

4

As if in the heading to Part VI the words “REVISION OF DETERMINATION AND" were omitted.

5

As if in regulation 12 (circumstances in which determination need not be revised) for the words—

• (a) “or revision of determination" there were substituted the words “ , revision or supersession ”; and

• (b) “for reviewing and revising the determination under which payment was made" there were substituted the words “ for the decision pursuant to which the payment was made to be revised under section 9 of the Social Security Act 1998 or superseded under section 10 of that Act ”.

SCHEDULE 9 — AMENDMENT OF THE SOCIAL SECURITY (INCAPACITY BENEFIT—INCREASES FOR DEPENDANTS) REGULATIONS 1994

In regulation 3 (allocation of contributions for a spouse or child)—

• (a) in paragraph (1), for the words “may be determined by the adjudicating authority so as to” there shall be substituted the word “would”; and