LegalizeThe Social Security Act 1998 (Commencement No. 5) Order 1999
Made: 3rd March 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) 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. 5) 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.
Appointed day
2
4th March 1999 is the appointed day for the coming into force of—
- (a) the provisions of the Social Security Act 1998 which are specified in the Schedule to this Order in so far as they authorise the making of regulations; and
- (b) paragraph 104 of Schedule 7 to that Act and section 86(1) in so far as it relates to that paragraph.
SCHEDULE — Provisions conferring powers to make regulations commenced by this Order.
| Column (1) | Column (2) |
|---|---|
| Provisions of the Social Security Act 1998 | Subject Matter |
| Section 6(3) | Qualifications for appointment to Lord Chancellor’s Panel |
| Section 7(6) | Constitution of appeal tribunals |
| Section 9(1), (4) and (6) | Revision of decisions |
| Section 10(3) and (6) | Decisions superseding earlier decisions of the Secretary of State and appeal tribunals |
| Section 11(1) | Regulations with respect to decisions |
| Section 12(2), (3), (6) and (7) | Appeals to appeal tribunals |
| Section 14(3), (10) and (11) | Appeal from tribunal to Commissioner |
| Section 15(2) and (3) | Appeal from Commissioner on point of law |
| Section 16(1) to (3) and (9) and Schedule 5 | Procedure |
| Section 17 | Finality of decisions |
| Section 18(1) | Matters arising as respects decisions |
| Section 20 | Medical examination required by appeal tribunal |
| Section 21 | Suspension in prescribed circumstances |
| Section 22 | Suspension for failure to disclose information |
| Section 23 | Termination for failure to disclose |
| Section 24 | Consequences of refusal to submit to medical examination |
| Section 25(3)(b) and (5)(c) | Decisions involving issues that arise on appeal in other cases |
| Section 26(6)(c) | Appeals involving issues that arise on appeal in other cases |
| Section 28 | Correction of errors and setting aside of decisions |
| Section 31(2) and (3) | Incapacity for work |
| Section 38(1)(a) and (3) | Review of social fund determinations |
| Section 41 in so far as it substitutes section 17(3) and (5) to the Child Support Act 1991 | Child support decisions superseding earlier decisions |
| Section 42 in so far as it substitutes section 20(4), (5) and (6) of the Child Support Act 1991 | Child support appeals to appeal tribunals |
| Section 43 in so far as it inserts sections 28ZA(2)(b) and (4)(c) and 28ZB(6)(c) into the Child Support Act 1991 | Child support decisions and appeals dependent on other cases |
| Section 44 in so far as it inserts section 28ZD into the Child Support Act 1991 | Restrictions on liability for child support in certain cases of error, correction of errors and setting aside of decisions |
| Section 45 in so far as it inserts section 3A(1), (3) and (4) into the Vaccine Damage Payments Act 1979 | Amendments to the Vaccine Damage Payments Act 1979; Decisions reversing earlier decisions |
| Section 46 in so far as it substitutes section 4(2) and (3) of the Vaccine Damage Payments Act 1979 | Vaccine Damage Payments Act 1979, appeals |
| Section 47 which inserts section 7A into the Vaccine Damage Payments Act 1979 | Vaccine Damage Payments Act 1979, correction of errors and setting aside decisions |
| Section 74 which inserts section 5(1)(hh) into the Social Security Administration Act 1992 | Provision of information |
| Schedule 1 paragraphs 7, 11 and 12 and section 7(7) in so far as it relates to them | Appeal tribunals supplementary provisions |
| Schedule 2 paragraph 9 and section 12(1) in so far as it relates to it | Decisions against which no appeal lies |
| Schedule 3 paragraphs 1, 4 and 9 and section 12(1) in so far as it relates to them | Decisions against which an appeal lies |
| Schedule 4 paragraphs 6 and 8 and section 14(12) in so far as it relates to them | Social Security Commissioners |
| Schedule 7 as respects the paragraphs specified below and section 86(1) in so far as it relates to them— Paragraph 8 | Finality of decisions under the Vaccine Damage Payments Act 1979 |
| Paragraph 9 | Amendment of section 8(3) of the Vaccine Damage Payments Act 1979, regulations |
| Paragraph 35(2) | Decisions revising or superseding a decision as to maintenance |
| Paragraph 39 | Substitutes section 28H of the Child Support Act 1991, departure directions |
| Paragraphs 40 and 43(3) | Amendments as respects contributions to maintenance and reduced benefit directions |
| Paragraph 44 in so far as it relates to the insertion of sections 46A(2) and 46B in the Child Support Act 1991 | Finality of decisions and matters arising as respects decisions |
| Paragraph 46 in so far as it is not already in force | Supplementary powers for regulations under section 51 Child of the Support Act 1991 |
| Paragraph 52(4) which substitutes paragraph 6(2) of Schedule 4 to the Child Support Act 1991 | Finality of certain findings of fact |
| Paragraph 53(5) | Joint consideration of departure applications and appeals |
| Paragraph 54 inserting Schedule 4C into the Child Support Act 1991 | Decisions and appeals: departure directions and reduced benefit directions |
| Paragraph 121 | Tribunals under direct control of Council on Tribunals |
| Paragraph 131 | Substitution of section 170 of the Pension Schemes Act 1993, decisions and appeals |
| Paragraph 149(1) | Substitution of section 10(1) the Social Security (Recovery of Benefits) Act 1997 |
Signed
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley — Parliamentary Under-Secretary of State, — Department of Social Security — 3rd March 1999
Explanatory note
(This note is not part of the Order)
This Order provides for the coming into force on 4th March 1999 of powers provided in the Social Security Act 1998 which are specified in the Schedule to this Order enabling Regulations to be made relating to the decision making and appeals under the specified enactments.
This Order does not impose a charge on businesses.
Footnotes
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