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

• Citation: S.I. 1999/2860
• Sections: 107

Section 1 Citation and interpretation

(1) This Order may be cited as the Social Security Act 1998 (Commencement No. 11, 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)(i) and (ii) of this Order refers,

(d) “relevant benefit” also means—

(i) an attendance allowance under section 35 of the Social Security Act 1975;

(ii) a mobility allowance under section 37A of that Act;

(iii) supplementary benefit under section 1 of the Supplementary Benefit Act 1976.

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

Section 2 Appointed Day

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

(a) sections 18(2), 32 and 34;

(b) section 39(3) in so far as it provides that section 63 of the Administration Act shall cease to have effect, and section 86(2) and Schedule 8 in so far as they repeal that section 63; 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) attendance allowance, disability living allowance and invalid care allowance under Part III of the Contributions and Benefits Act;

(ii) jobseeker’s allowance under Part I of the Jobseekers Act and any sum payable under section 26 of that Act;

(iii) vaccine damage payments under the Vaccine Damage Payments Act;

(iv) decisions whether a person is entitled to be credited with earnings or contributions in accordance with regulations made under section 22(5) of the Contributions and Benefits Act; and

(v) decisions whether a person was, within the meaning of regulations, precluded from regular employment by responsibilities at home.

Section 3 Consequential amendments and modifications

(1) Subject to paragraph (15) the amendments and modifications made by the following paragraphs of this article shall take effect as from 18th October 1999.

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

(3) The Social Security (Claims and Payments) Regulations 1987 shall as they relate to relevant benefit be modified in accordance with Schedule 3 to this Order.

(4) The Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988 shall as they relate to relevant benefit be modified in accordance with Schedule 4 to this Order.

(5) The Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 shall as they relate to jobseeker’s allowance be modified in accordance with Schedule 5 to this Order.

(6) The Community Charges (Deduction from Income Support) ( No. 2) Regulations 1990 shall as they relate to jobseeker’s allowance be modified in accordance with Schedule 6 to this Order.

(7) The Social Security (Disability Living Allowance) Regulations 1991 shall be amended in accordance with Schedule 7 to this Order.

(8) The Social Security (Attendance Allowance) Regulations 1991 shall be amended in accordance with Schedule 8 to this Order.

(9) The Fines (Deductions from Income Support) Regulations 1992 shall as they relate to jobseeker’s allowance be modified in accordance with Schedule 9 to this Order.

(10) The Council Tax (Deductions from Income Support) Regulations 1993 shall as they relate to jobseeker’s allowance be modified in accordance with Schedule 10 to this Order.

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

(12) The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with Schedule 12 to this Order.

(13) The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 shall as they relate to jobseeker’s allowance be modified in accordance with Schedule 13 to this Order.

(14) The Social Security (Back to Work Bonus) ( No. 2) Regulations 1996 shall be modified in accordance with Schedule 14 to this Order in relation to any sum to which a person may be entitled under section 26 of the Jobseekers Act by virtue of his having been in receipt of a jobseeker’s allowance.

(15) The Social Security Benefit (Computation of Earnings) Regulations 1996 shall as they relate to relevant benefit be modified in accordance with Schedule 15 to this Order.

(16) The amendment in paragraph (17) shall take effect from 16th October 2006.

(17) In regulation 14(1) of the Social Security (Introduction of Disability Living Allowance) Regulations 1991 (reviews) after “appellate authorities)” insert “and sections 9 and 10 of the Social Security Act 1998 (revision and supersession of decisions)”.

Section 4 Transitional provisions

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.

Section 5 Savings

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 18th October 1999 by the Secretary of State under section 17 of that Act (questions for the Secretary of State).

Section 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 ” .

Section 2

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

(a) in sub-paragraph (ii)—

(i) for the words “37(1A)" there were substituted the words “ 16(2) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ” ;

(ii) after the words “ought to be revised" there were inserted the words “ under section 9 of the Social Security Act 1998 or superseded under section 10 of that Act ” ; and

(b) in sub-paragraph (iv) after the words “should be revised" there were inserted the words “ or superseded ” .

Section 3

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 “ 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 ” .

Section 4

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

(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 “ Secretary of State ” ; and

(b) in paragraph (3), for the words “An award under paragraph (1) or (2) shall be reviewed by the adjudicating authority" there were substituted the words “ A decision pursuant to paragraph (1) or (2) to award benefit may be revised under section 9 of the Social Security Act 1998 ” .

Section 5

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

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

(b) for the word “reviewed" there were substituted the word “ revised ” .

Section 6

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

Section 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 ” .

Section 8

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

Section 9

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

Section 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)—

(a) for the words “adjudicating authority" in both places where 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 where it occurs were omitted;

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

Section 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 ” .

Section 12

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

(a) in paragraphs 3 to 7B and 9 for the words “adjudicating authority" in each place where they occur there were substituted the words “ Secretary of State ” ; and

(b) in paragraph 6(4) for the word “reviewed" there were substituted the words “ revised or superseded ” .

Section 13

As if in paragraph 3(1) of Schedule 9A (deductions of mortgage interest from benefit and payment to qualifying lenders)—

(a) for the words “adjudicating authority" there were substituted the words “ Secretary of State ” ; and

(b) for the words “the Secretary of State" there were substituted the word “ him ” .

Section 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;

Section 2

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

Section 3

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

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

Case 1: Payment pursuant to a decision which is revised or superseded, or overturned on appeal

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

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

Section 4

As if in regulation 8(2) (duplication and prescribed payments) for the words “on review" there were substituted the words “ by way of revision or supersession ” .

Section 5

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

Section 6

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 ” .

Section 1

As if in regulation 1(2) (interpretation)—

(a) the definition of “adjudication officer" were omitted;

(b) for the definition of “Commissioner" there were substituted the following definition—

“Commissioner" means the Chief or any other Social Security Commissioner appointed in accordance with section 14(12) of, and Schedule 4 to, the Social Security Act 1998 and includes a Tribunal of Commissioners constituted in accordance with section 16(7) of that Act;

(c) for the definition of “tribunal" there were substituted the following definition—

“tribunal" means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998; and

Section 2

As if in regulation 2 (deductions from income support or jobseeker’s allowance)—

(a) in paragraph (4)—

(i) the words “refer it to an adjudication officer who shall" were omitted;

(ii) in sub-paragraph (a)—

(aa) for the words “the Secretary of State" there were substituted the word “ him ” ;

(bb) for the words “adjudication officer" there were substituted the words “ Secretary of State ” ;

(iii) in sub-paragraph (aa)—

(aa) for the words “the Secretary of State" there were substituted the word “ him ” ;

(bb) for the words “the adjudication officer" there were substituted the word “ he ” ; and

(b) in paragraph (5)—

(i) for the words “or review" there were substituted the words “ , revision or supersession ” ;

(ii) for the words “adjudication officer" there were substituted the words “ Secretary of State ” .

Section 3

As if in regulation 2A (deductions from debtor’s jobseeker’s allowance) for the words—

(a) “adjudication officer" in both places in which they occur there were substituted the words “ Secretary of State ” ; and

(b) “the Secretary of State" in both places in which they occur there were substituted the word “ he ” .

Section 4

As if in regulation 3 (notification of decision)—

(a) for the words “the adjudication officer’s" there were substituted the word “ his ” ; and

(b) the words “after he receives that decision" were omitted.

Section 5

As if regulation 5 (appeal) there were substituted the following regulation—

(5)

(1) Where the Secretary of State has determined a question under regulation 2(4), the debtor may appeal to a tribunal.

(2) Subject to section 13 of the Social Security Act 1998, an appeal lies to a Commissioner from the decision of a tribunal.

Section 6

As if regulations 6 to 11 were omitted.

Section 7

As if Schedules 1 and 2 were omitted.

Section 1

As if in regulation 1(2) (interpretation)—

(a) the definition of “adjudication officer" were omitted;

(b) for the definition of “Commissioner" there were substituted the following definition—

“Commissioner" means the Chief or any other Social Security Commissioner appointed in accordance with section 14(12) of, and Schedule 4 to, the Social Security Act 1998 and includes a Tribunal of Commissioners constituted in accordance with section 16(7) of that Act;

(c) for the definition of “tribunal" there were substituted the following definition—

“tribunal" means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998; and

Section 2

As if in regulation 2 (deductions from income support or jobseeker’s allowance)—

(a) in paragraph (4)—

(i) the words “refer it to an adjudication officer who shall" were omitted;

(ii) in sub-paragraph (a)—

(aa) for the words “the Secretary of State" there were substituted the word “ him ” ;

(bb) for the words “adjudication officer" there were substituted the words “ Secretary of State ” ;

(iii) in sub-paragraph (aa)—

(aa) for the words “the Secretary of State" there were substituted the word “ him ” ;

(bb) for the words “the adjudication officer" there were substituted the word “ he ” ;

(iv) in sub-paragraph (b) for the words “adjudication officer" there were substituted the words “ Secretary of State ” ;

(b) in paragraph (5) for the words “refer those further applications to the adjudication officer" there were substituted the words “ determine those further applications ” ; and

(c) in paragraph (6)—

(i) for the words “or review" there were substituted the words “ , revision or supersession ” ;

(ii) for the words “adjudication officer" there were substituted the words “ Secretary of State ” .

Section 3

As if in regulation 2A (deductions from debtor’s jobseeker’s allowance) for the words—

(a) “adjudication officer" in both places where they occur there were substituted the words “ Secretary of State ” ; and

(b) “the Secretary of State" in both places where they occur there were substituted the word “ he ” .

Section 4

As if in regulation 3 (notification of decision)—

(a) for the words “the adjudication officer’s" there were substituted the word “ his ” ; and

(b) the words “after he receives that decision" were omitted.

Section 5

As if for regulation 5 (appeal) there were substituted the following regulation—

(5)

(1) Where the Secretary of State has determined a question under regulation 2(4), the debtor may appeal to a tribunal.

(2) Subject to section 13 of the Social Security Act 1998, an appeal lies to a Commissioner from the decision of a tribunal.

Section 6

As if regulations 6 to 11 were omitted.

Section 7

As if Schedules 1 and 2 were omitted.

Section 1

In regulation 1(2) (interpretation)—

(a) after the definition of “the Administration Act" there shall be inserted the following definition—

“the 1998 Act" means the Social Security Act 1998

(b) for the definition of “adjudicating authority" there shall be 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 1998 Act, 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;

Section 2

In regulation 2(4)(b), for the word “review" there shall be substituted the words “ revision under section 9 of the 1998 Act or supersession under section 10 of that Act ” .

Section 3

Regulations 5A, 5B and 5C (medical examination, withholding of benefit and payment of withheld benefit) are hereby revoked.

Section 4

In regulations 9A(2)(a) in the substituted paragraph (2B)(b) and (c), 10(6)(b) and (c) and 12B(9A)(b) and (c) for the word “review" there shall be substituted the words “ revision under section 9 of the 1998 Act or supersession under section 10 of that Act ” .

Section 5

In Schedule 1 (persons aged 65 and over)—

(a) for the word “Review" where it appears in the heading to paragraph 1 there shall be substituted the words “ Revision or supersession ” ;

(b) in paragraph 1(1)(c) for the words “in writing is made in accordance with section 30(7) or 35(4) of the Administration Act for that award to be reviewed;" there shall be substituted the words “ is made in accordance with section 9 of the 1998 Act or section 10 of that Act for that award to be revised or superseded; ” ;

(c) in paragraph 1(1)(d) for the words “both reviewed and revised" there shall be substituted the words “ revised or superseded ” ;

(d) in paragraph 1(2) for the words “revised award" there shall be substituted the words “ revision or supersession ” ;

(e) in paragraph 1(3) the words “for review" shall be omitted and for the word “reviewed" there shall be substituted the word “ superseded ” ;

(f) for the word “Reviews" where it appears in the heading to paragraph 2 there shall be substituted the words “ Revision or supersession ” ;

(g) in paragraph 2 for the word “review" there shall be substituted the words “ revision or supersession ” , for the word “reviews" there shall be substituted the words “ revisions or supersessions ” and for the word “reviewed" where it first appears there shall be substituted the words “ revised or superseded ” ;

(h) in paragraph 2(b) for the words “reviewed and revised" there shall be substituted the word “ superseded ” ;

(i) in paragraph 3(1)(a) for the words “revised on a review under section 30, 31 or 35 of the Administration Act" there shall be substituted the words “ revised under section 9 of the 1998 Act or superseded under section 10 of that Act ” ;

(j) in paragraph 3(2) for the words “under review" there shall be substituted the words “ being revised or superseded ” ; and

(k) in paragraphs 5(1)(a), 6(1)(a) and 7(1)(a) for the words “revised on a review under section 30, 31 or 35 of the Administration Act" there shall be substituted the words “ revised under section 9 of the 1998 Act or superseded under section 10 of that Act ” .

Section 1

In regulations 7A(2)(a) in the substituted paragraph (1A)(b) and (c) and 8(4)(b) and (c) for the word “review" there shall be substituted the words “ revision under section 9 of the Social Security Act 1998 or supersession under section 10 of that Act ” .

Section 2

Regulations 8C, 8D and 8E (medical examination, withholding of benefit and payment of withheld benefit) are hereby revoked.

Section 1

As if in regulation 1(2) (interpretation)—

(a) the definition of “adjudication officer" were omitted;

(b) for the definition of “Commissioner" there were substituted the following definition—

“Commissioner" means the Chief or any other Social Security Commissioner appointed in accordance with section 14(12) of, and Schedule 4 to, the Social Security Act 1998 and includes a Tribunal of Commissioners constituted in accordance with section 16(7) of that Act;

(c) for the definition of “tribunal" there were substituted the following definition—

“tribunal" means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998; and

Section 2

As if for the heading to regulation 4 there were substituted “ Determination of application ” .

Section 3

As if in regulation 4 —

(a) in paragraph (1)—

(i) the words “refer it forthwith to an adjudication officer who shall" were omitted;

(ii) for the words “the Secretary of State" there were substituted the word “ him ” ;

(b) in paragraphs (2) and (2A) for the words—

(i) “adjudication officer" there were substituted the words “ Secretary of State ” ;

(ii) “the Secretary of State" there were substituted the word “ him ” ;

(c) in paragraph (3)—

(i) for the words “adjudication officer" there were substituted the words “ Secretary of State ” ;

(ii) for the words “reference from the Secretary of State" there were substituted the word “ application ” .

Section 4

As if in regulation 5 (notification of decision)—

(a) for the words “the adjudication officer’s" there were substituted the word “ his ” ; and

(b) the words “from the date on which he receives that decision" were omitted.

Section 5

As if in regulations 6 (deductions from offender’s income support or income-based jobseeker’s allowance) and 6A (deductions from offender’s contribution-based jobseeker’s allowance) for the words—

(a) “adjudication officer" there were substituted the words “ Secretary of State ” ; and

(b) “the Secretary of State" there were substituted the word “ he ” .