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The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999

Type Statutory-Instrument
Publication 1999-10-16
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
Reform history JSON API PDF

Made: 16th October 1999

The Secretary of State for Social Security, in exercise of the powers conferred upon 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

18th October 1999 is the day appointed for the coming into force of—

Consequential amendments and modifications

3

Transitional provisions

4

Schedules 16 to 18 to this Order shall have effect as from 18th October 1999 in relation to relevant benefit, vaccine damage payments, and credits of contributions or earnings and home responsibilities protection respectively.

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—

shall continue to have effect with respect to any decision given before 18th October 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 18TH OCTOBER 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) and (c) and (2)(a) and (c) Unified appeal tribunals
Section 8(1)(a) and (c), (2), (3)(a) and (b), (4) and (5) Decisions by 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 Social Security (Recovery of Benefits) Act 1997 and the definition of “the former legislation" in so far as it relates to the National Insurance Acts 1965 to 1974, the National Insurance (Industrial Injuries) Acts 1965 to 1974 and 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 1, 3, 5, 6(a) and (b)(ii), and 7 to 9 of Schedule 2) and (b) (in so far as it relates to paragraphs 1 to 6, 8, 9, 16 and 17 of Schedule 3), (2), (3), (4) and (6) to (9) Appeal to appeal tribunal
Section 13 Redetermination etc. of appeals by 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 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 appeal in other cases, and restrictions on entitlement in cases of error
Section 28 (except subsection (3)(c) and (e)) Correction of errors, and setting aside of decisions
Section 39 Interpretation etc. of Chapter II of Part I of the Act
Sections 45 to 47 Vaccine damage payments: decisions reversing earlier decisions, appeals to appeal tribunals and correction of errors etc.
Schedule 7 in the respects specified below, and section 86(1) in so far as it relates to them—Paragraph 4(2) in so far as it applies to the entries relating to regional or other full-time chairmen of disability appeal tribunals, members of a panel appointed under section 6 of the Tribunals and Inquiries Act 1992 of persons to act as chairmen of disability appeal tribunals, and members of a panel of persons appointed to serve on a vaccine damage tribunal Minor and consequential amendments—
Paragraphs 5 to 10 vaccine damage payments
Paragraphs 15 and 17 recovery of outstanding community charge by deductions from jobseeker’s allowance
Paragraph 55 recovery of fines etc. by deductions from jobseeker’s allowance
Paragraphs 66 to 71(a) miscellaneous provisions relating to benefits
Paragraph 79(1) claims and payments
Paragraph 81 overpayments
Paragraph 82 recovery of jobseeker’s allowance: severe hardship cases
Paragraphs 88 and 89 disclosure of information, and notification of deaths
Paragraph 96 effect of alteration of rates of a jobseeker’s allowance
Paragraph 98 implementation of increases in income-based jobseeker’s allowance due to attainment of particular ages
Paragraph 102 financial review and report
Paragraph 106 reciprocal arrangements with Northern Ireland: income-related benefits and child benefit
Paragraphs 107 and 108 reciprocal agreements and travelling expenses
Paragraph 109 regulations and orders under the Administration Act
Paragraph 117 recovery of council tax etc. by deductions from jobseeker’s allowance
Paragraph 118(1) in so far as it substitutes for the words “paragraph 38(a), 41(b), 41(e) or 43" the words “ paragraph 38(a) ” appointment of chairmen of certain tribunals
Paragraph 118(2) in so far as it relates to the tribunals specified in paragraph 41(b) of Schedule 1 to the Tribunals and Inquiries Act 1992 Paragraph 118(2) in so far as it relates to the tribunals specified in paragraph 41(b) of Schedule 1 to the Tribunals and Inquiries Act 1992
Paragraph 119 Concurrence required for removal of members of certain tribunals
Paragraph 121(2)(a), and (b) in so far as it relates to sub-paragraphs (b) and (e) of paragraph 41 of Schedule 1 to that Act Tribunals under supervision of Council on Tribunals
Paragraph 123(2) in so far as it applies to the entries relating to chairmen of disability appeal tribunals in Part II of Schedule 1 to the Judicial Pensions and Retirement Act 1993 judicial pensions—other appointments
Paragraph 124(2) in so far as it applies to the entries relating to chairmen of disability appeal tribunals and vaccine damage tribunals in Schedule 5 to that Act judicial retirement—the relevant offices
Paragraphs 134 to 146 jobseeker’s allowance
Paragraph 147 power to provide for recoupment of benefits
Schedule 8 in respect of the repeals specified below, and section 86(2) in so far as it relates to them—The entries in Part III of Schedule 1 to the House of Commons Disqualification Act 1975 relating to regional or other full-time chairmen of disability appeal tribunals, members of a panel appointed under section 6 of the Tribunals and Inquiries Act 1992 of persons to act as chairmen of disability appeal tribunals, members of a panel of persons who may be appointed to serve on a vaccine damage tribunal, and the President of disability appeal tribunalsIn the Vaccine Damage Payments Act 1979 —in section 5, subsections (1) to (3) and (5)in section 7(3), the words from “and in relation to" to the endSection 12(1)In the Judicial Pensions and Retirement Act 1993—in Schedule 1, in Part II, and in Schedule 5, the entries relating to chairmen of disability appeal tribunals and to chairmen of vaccine damage tribunalsIn the Jobseekers Act 1995 —in section 6(6), the words “(“the first determination")"in section 7(7), the words “(“the first determination")"Section 9(9)Section 10(8)Section 11in section 28, subsections (1)(b) and (3)in section 35(1), the definition of “adjudication officer"in Schedule 2, paragraphs 20(3), 41 to 47 and 57 Repeals—

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

As if in regulation 1(2)[^f00033] (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 — 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 of the Social Security Act 1998 or a supersession under section 10 of that Act of ”.

2

As if in regulation 3(g) (claims not required for entitlement to benefit in certain cases)—

3

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

4

As if in regulation 13A (advance award of disability living allowance)—

5

As if in regulation 13C (further claim for and award of disability living allowance)—

6

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

7

As if in regulation 26A (jobseeker’s allowance) for the word “revised" in each place where it occurs there were substituted the words “ revised or superseded ”.

8

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

9

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

10

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)—

11

As if in paragraph 1(2)(a) of Schedule 2 (special provisions relating to claims for jobseeker’s allowance during periods connected with public holidays) for the words “an adjudication officer" there were substituted the words “ the Secretary of State ”.

12

As if in Schedule 9 (deductions from benefit and direct payment to third parties)—

13

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