The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999

• Citation: S.I. 1999/3178
• Sections: 111

Section 1 Citation and interpretation

(1) This Order may be cited as the Social Security Act 1998 (Commencement No. 12 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 1997 Regulations" means the Social Security (Recovery of Benefits) (Appeals) Regulations 1997 ;

(c) “the Adjudication Regulations" means the Social Security (Adjudication) Regulations 1995 ;

(d) “legally qualified panel member" has the meaning it bears in regulation 1(3) of the Regulations;

(e) “the No. 8 Order" means the Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999 ;

(f) “the No. 9 Order" means the Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999 ;

(g) “the No. 11 Order" means the Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 ;

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

(i) “relevant benefit" means income support, child’s special allowance under section 56 of the Contributions and Benefits Act or, as the case may be, a social fund payment mentioned in section 138(1)(a) or (2) of that Act,

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

Section 2 Appointed day

(1) Subject to paragraph (2) below, 29th November 1999 is the day appointed for the coming into force of the–

(a) the provisions specified in Schedule 1 to this Order; and

(b) sections 1 and 4 to 7 in relation to–

(i) statutory sick pay under Part XI of the Contributions and Benefits Act; and

(ii) statutory maternity pay under Part XII of that Act,

in so far as those provisions are not already in force.

(2) Paragraph (1)(a) above shall not apply in relation to–

(a) housing benefit;

(b) council tax benefit; nor

(c) decisions to which article 4(6) of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (Commencement No. 1 and Transitional Provisions) Order 1999 applies.

(3) 31st March 2000 is the day appointed for the coming into force of paragraph 10 of Schedule 1 (appeal tribunals: supplementary provisions) and sections 5(3) and 7(7) in so far as they relate to it.

Section 3 Consequential amendments

(1) The amendments and revocations effected by this Order–

(a) shall take effect as from 29th November 1999; and

(b) shall not have effect in relation to–

(i) working families’ tax credit;

(ii) disabled person’s tax credit;

(iii) decisions to which article 4(6) of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (Commencement No. 1 and Transitional Provisions) Order 1999 applies.

(2) The Social Security Benefit (Dependency) Regulations 1977 shall be amended in accordance with Schedule 2 to this Order.

(3) The Social Security (General Benefit) Regulations 1982 shall be amended in accordance with Schedule 3 to this Order.

(4) The Social Fund Maternity and Funeral Expenses (General) Regulations 1987 shall be amended in accordance with Schedule 4 to this Order.

(5) The Income Support (General) Regulations 1987 shall be amended in accordance with Schedule 5 to this Order.

(6) The Social Security (Claims and Payments) Regulations 1987 shall be amended in accordance with Schedule 6 to this Order.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The Social Fund (Application for Review) Regulations 1988 shall be amended in accordance with Schedule 8 to this Order.

(9) The Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988 shall be amended in accordance with Schedule 9 to this Order.

(10) The Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 shall be amended in accordance with Schedule 10 to this Order.

(11) The Community Charges (Deductions from Income Support) (No. 2) Regulations 1990 shall be amended in accordance with Schedule 11 to this Order.

(12) The Fines (Deductions from Income Support) Regulations 1992 shall be amended in accordance with Schedule 12 to this Order.

(13) The Council Tax (Deductions from Income Support) Regulations 1993 shall be amended in accordance with Schedule 13 to this Order.

(14) The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 shall be amended in accordance with Schedule 14 to this Order.

(15) The Social Security (Back to Work Bonus) (No. 2) Regulations 1996 shall be amended in accordance with Schedule 15 to this Order.

(16) The Social Security Benefit (Computation of Earnings) Regulations 1996 shall be amended in accordance with Schedule 16 to this Order.

(17) The Social Security (Recovery of Benefits) Regulations 1997 shall be amended in accordance with Schedule 17 to this Order.

(18) The Social Fund Winter Fuel Payment Regulations 1998 shall be amended in accordance with Schedule 18 to this Order.

(19) The Social Security and Child Support (Decisions and Appeals) Regulations 1999 shall be amended in accordance with Schedule 19 to this Order.

(20) The No. 8 Order, the No. 9 Order and the No. 11 Order shall be amended in accordance with Schedule 20 to this Order.

Section 4 Transitional provisions

Schedules 21 to 23 to this Order shall take effect as from 29th November 1999.

Section 1

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

“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 (“an appeal tribunal") or a Commissioner within the meaning of section 39(1) of that Act;

Section 2

In regulation 3 (allocation of contributions for spouse or children) in paragraph (4)(b)–

(a) for the words “varied on review" there shall be substituted the word “ superseded ” ;

(b) for the words “determining authority" there shall be substituted the words “ the Secretary of State ” ; and

(c) subject to sub-paragraph (a) above, for the word “review" in each place in which it occurs there shall be substituted the word “ supersession ” .

Section 1

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

“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 (“an appeal tribunal") or a Commissioner within the meaning of section 39(1) of that Act;

Section 2

In paragraphs (7) and (8) of regulation 11 (further definition of the principles of assessment of disablement and prescribed degrees of disablement), for the words from “the medical appeal tribunal" to “(as the case may be)" there shall be substituted the words “ the Secretary of State or, as the case may be, an appeal tribunal ” .

Section 3

In paragraphs (2) to (4) of regulation 40 (disqualification for receipt of benefit, suspension of proceedings on claims and suspension of payment of benefit), for the words “adjudication officer, a social security appeal tribunal or the Commissioner" there shall be substituted the words “ determining authority ” .

Section 1

In regulation 5(2)(b)(ii) (persons treated as engaged in remunerative work), for the words “of review" there shall be substituted the words “ on which a superseding decision is made under section 10 (decisions superseding earlier decisions) of the Social Security Act 1998 ” .

Section 2

In regulation 38 (calculation of net profit of self-employed earners)–

(a) in paragraph (7), for the words “An adjudication officer" there shall be substituted the words “ The Secretary of State ” ; and

(b) in paragraph (10), for the words “an adjudication officer" there shall be substituted the words “ the Secretary of State ” .

Section 3

For paragraph (1) of regulation 41 (capital treated as income) there shall be substituted the following paragraph–

(1) Capital which is payable by instalments which are outstanding on–

(a) the first day in respect of which income support is payable or the date of the determination of the claim, whichever is earlier; or

(b) in the case of a supersession, the date of that supersession,

shall be treated as income if the aggregate of the instalments outstanding and the amount of the claimant’s capital otherwise calculated in accordance with Chapter VI of this Part exceeds £8,000 or, in a case where regulation 45(b) applies, £16,000.

Section 4

In regulation 42 (notional income)–

(a) in paragraphs (2B) and (6) , for the words “adjudication officer" in each place in which they occur there shall be substituted the words “ Secretary of State ” ; and

(b) in paragraph (5), for the words “subsequent review the adjudication officer" there shall be substituted the words “ revision or supersession the Secretary of State ” .

Section 5

For paragraph (1) of regulation 44 (modifications in respect of children and young persons) there shall be substituted the following paragraph–

(1) Any capital of a child or young person payable by instalments which are outstanding on–

(a) the first day in respect of which income support is payable or at the date of the determination of the claim, whichever is the earlier; or

(b) in the case of a supersession, the date of that supersession,

shall be treated as income if the aggregate of the instalments outstanding and the amount of that child’s or young person’s other capital calculated in accordance with Chapter VI of this Part in like manner as for the claimant would exceed £3,000.

Section 6

In regulation 49(b)(i) (calculation of capital in the United Kingdom), for the words “review, the date of any subsequent review" there shall be substituted the words “ supersession, the date of that supersession ” .

Section 7

In regulation 69 (disregard of changes occurring during summer vacation) for the words “an adjudication officer shall disregard" there shall be substituted the words “ there shall be disregarded ” .

Section 8

In regulation 70(4)(b) (urgent cases) for the words “adjudication officer" there shall be substituted the words “ Secretary of State ” .

Section 9

In Schedule 3 (housing costs)–

(a) in paragraph 13–

(i) for sub-paragraph (6) there shall be substituted the following sub-paragraph–

(6) Where sub-paragraph (4) does not apply and the claimant (or other member of the family) was able to meet the financial commitments for the dwelling occupied as the home when these were entered into, no restriction shall be made under this paragraph during the 26 weeks immediately following the date on which–

(a) the claimant became entitled to income support where the claimant’s housing costs fell within one of the cases in sub-paragraph (1) on that date; or

(b) a decision took effect which was made under section 10 (decisions superseding earlier decisions) of the Social Security Act 1998 on the ground that the claimant’s housing costs fell within one of the cases in sub-paragraph (1),

nor during the next 26 weeks if and so long as the claimant uses his best endeavours to obtain cheaper accommodation.

(ii) in sub-paragraph (8)(b), the words “on appeal or review" shall be omitted;

(b) in paragraph 14–

(i) in sub-paragraph (1)(a)(i), for the words “held, on appeal or review," there shall be substituted the word “ determined ” ;

(ii) in sub-paragraph (1)(b), for the words “held on appeal or review" there shall be substituted the word “ determined ” ; and

(iii) in sub-paragraph (2)(a), the words “on review" shall be omitted; and

(c) in paragraph 18(2) and (7)(a), for the words “adjudication officer" there shall be substituted the words “ Secretary of State ” .

Section 10

In paragraph 3(4) of Schedule 3B (protected sum)–

(a) the words “on review" in each place in which they occur shall be omitted; and

(b) in paragraph (a), for the words “that review" there shall be substituted the words “ that determination ” .

Section 1

Subject to paragraphs 2 and 4 to 6, 10, 12 and 17 for the words “adjudicating authority" in each place in which they occur there shall be substituted the words “ Secretary of State ” .

Section 2

In regulation 2(1) (interpretation)–

(a) the definition of “adjudicating authority" shall be omitted; and

(b) in paragraph (c) of the definition of “claim for benefit" for the words “the review of an award or"–

(i) in the first place in which they occur there shall be substituted the words “ a revision under section 9 of the Social Security Act 1998 or a supersession under section 10 of that Act of ” ; and

(ii) in the second place in which they occur there shall be substituted the words “ a revision or a supersession of ” .

Section 3

In regulation 3 (claims not required for entitlement to benefit in certain cases), for paragraph (g) there shall be substituted the following paragraph–

(g) in the case of a jobseeker’s allowance where–

(i) payment of benefit has been suspended in the circumstance prescribed in regulation 16(2) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999; and

(ii) the claimant whose benefit has been suspended satisfies the conditions of entitlement (apart from the requirement to claim) to that benefit immediately before the suspension ends;

Section 4

In regulation 13 (advance claims and awards)–

(a) in paragraph (1), for the words “that authority" there shall be 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 shall be 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 5

In regulation 13A (advance award of disability living allowance)–

(a) in paragraph (1), for the words “that authority" there shall be substituted the words “ the 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 shall be 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 6

In regulation 13C(3) (further claim for and award of disability living allowance), for the words “An award under paragraph (2)(b) shall be reviewed by the adjudicating authority" there shall be substituted the words “ A decision pursuant to paragraph (2)(b) to award benefit may be revised under section 9 of the Social Security Act 1998 ” .

Section 7

In regulation 17(4) (duration of awards), the words from “; and where those" to the end of that paragraph shall be omitted.

Section 8

In regulation 26 (income support)–

(a) in paragraph (1), for the words “the day when any change of circumstances affecting entitlement is to have" there shall be substituted the words “ the date from which a superseding decision on the ground of a relevant change of circumstances has ” ; and

(b) in paragraphs (2) and (3), the words “on review" shall be omitted.

Section 9

In regulation 26A (jobseeker’s allowance)–

(a) in paragraph (4)–

(i) for the words “an award of jobseeker’s allowance is revised" there shall be substituted the words “ a decision in respect of a claim for jobseeker’s allowance is superseded ” ; and

(ii) for the words “revised award" there shall be substituted the word “ supersession ” ;

(b) in paragraph (5), for the words “revised award" in both places in which they occur there shall be substituted the word “ supersession ” ;

(c) in paragraph (6)–

(i) for the words “revised award" there shall be substituted the word “ supersession ” ; and

(ii) for the words “the award is again revised, the award, as again revised," there shall be substituted the words “ a further superseding decision is made, that further superseding decision ” ;

(d) in paragraph (7), for the words “revised award, that revised award" there shall be substituted the words “ supersession, that supersession ” ; and

(e) in paragraph (8), for the words “will be impracticable to give effect to that revised award in accordance with the other provisions of this regulation, the revised award" there shall be substituted the words “ is impracticable for a supersession to have effect in accordance with the other provisions of this regulation, the supersession ” .

Section 10

In regulation 31(4) (time and manner of payments of industrial injuries gratuities), the words “but any such decision may be varied by the adjudicating authority by whom the award of that gratuity is varied" shall be omitted.

Section 11

In the heading to Part V (suspension and extinguishment), the words “SUSPENSION AND" shall be omitted.

Section 12

Regulations 37 to 37B (suspension, withholding and payment of withheld benefit), are hereby revoked.

Section 13

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) in sub-paragraph (a), for the words “the Secretary of State has" there shall be substituted the word “ he ” ; and

(b) in sub-paragraph (c)–

(i) the words “the Secretary of State has certified" shall be omitted;

(ii) the word “that" in each place in which it occurs shall be omitted; and

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

Section 14

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 shall be substituted the words “ the Secretary of State ” .

Section 15

In Schedule 7 (manner and time of payment, effective date of change of circumstances and commencement of entitlement in income support cases)–

(a) in the heading, for the words “CHANGE OF CIRCUMSTANCES" there shall be substituted the words “ SUPERSEDING DECISION ” ;

(b) for the heading to paragraph 7 (date when change of circumstances is to take effect) there shall be substituted the heading “ Date from which superseding decision on ground of change of circumstances takes effect ” ; and

(c) in paragraph 7 –

(i) in sub-paragraph (1), for the words “changed because of a change of circumstances that change of circumstances" there shall be substituted the words “ changed by a superseding decision made on the ground of a change of circumstances that superseding decision ” ;

(ii) in sub-paragraph (2), for the words “the decision given on review" there shall be substituted the words “ the superseding decision ” ; and

(iii) for sub-paragraphs (4) to (6) there shall be substituted the following sub-paragraphs–

(4) A superseding decision made in consequence of a payment of income being treated as paid on a particular day under regulation 31(1)(b) or (2) or 39C(3) of the Income Support Regulations (date on which income is treated as paid) shall have effect on the day on which that payment is treated as paid.

(5) Where–

(a) it is decided upon supersession on the ground of a relevant change of circumstances that the amount of income support is, or is to be, reduced; and

(b) the Secretary of State certifies that it is impracticable for a superseding decision to have effect from the day prescribed in the preceding sub-paragraphs (other than where sub-paragraph (3)(f) or (4) applies),

that superseding decision shall have effect–

(i) where the relevant change has occurred, from the first day of the benefit week following that in which that superseding decision is made; or

(ii) where the relevant change is expected to occur, from the first day of the benefit week following that in which that change of circumstances is expected to occur.

(6) Where–

(a) a superseding decision (“the former supersession") was made on the ground of a relevant change of circumstances in the cases set out in sub-paragraph (3)(b) to (f); and

(b) that superseding decision is itself superseded by a subsequent decision because the circumstances which gave rise to the former supersession cease to apply (“the second change"),

that subsequent decision shall have effect from the date of the second change.

Section 16

In Schedule 9 (deductions from benefit and direct payment to third parties)–

(a) in paragraph 3(1) , for the word “its" there shall be substituted the word “ his ” ;

(b) in paragraph 6(4) , for the words “that determination falls to be reviewed" there shall be substituted the words “ a decision which embodies that determination falls to be superseded ” ; and

(c) in paragraph 7(2) , for the words “the authority" there shall be substituted the words “ the Secretary of State ” .

Section 17

In paragraph 3(1) of Schedule 9A (deductions of mortgage interest from benefit and payment to qualifying lenders), for the words “adjudicating authority in accordance with regulation 34A, shall be paid by the Secretary of State" there shall be substituted the words “ Secretary of State in accordance with regulation 34A, shall be paid ” .

Section 1

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Section 2

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Section 1

In regulation 1(2) (interpretation), 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 Social Security Act 1998 or a Commissioner within the meaning of section 39(1) of that Act;

Section 2

In regulation 2(1) (making of interim payments), for the words “a reference, review," there shall be substituted the word “ an ” .

Section 3

In regulation 5(2) (offsetting prior payment against subsequent award)–

(a) for Case 1 there shall be 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," shall be omitted.

Section 4

In regulation 8(2) (duplication of prescribed payments), for the words “on review" there shall be substituted the words “ by way of revision or supersession ” .

Section 5

In the heading to Part VI, the words “REVISION OF DETERMINATION AND" shall be omitted.

Section 6

In regulation 12 (circumstances in which determination need not be revised)–

(a) in the heading, for the word “revised" there shall be substituted the words “ reversed, varied, revised or superseded ” ;

(b) for the words “or revision of determination" there shall be substituted the words “ , revision or supersession ” ; and

(c) for the words “for reviewing and revising the determination under which payment was made" there shall be 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 7

In regulation 23 (increase of amount of award on appeal or review)–

(a) in the heading, for the word “review" there shall be substituted the word “ otherwise ” ;

(b) for the words “on review by an adjudicating authority" there shall be substituted the word “ otherwise ” ; and

(c) for the words “were the earnings subsequently reviewed under regulation 24" there shall be substituted the words “ , where a notice of variation of protected earnings is given under regulation 24, were the earnings stated in that notice ” .

Section 8

In regulation 24 (review of determination of protected earnings)–

(a) for the heading there shall be substituted the heading “Notice of variation of protected earnings";

(b) paragraph (1) shall be omitted; and

(c) for paragraph (2) there shall be substituted the following paragraph–

(2) The Secretary of State shall give a claimant’s employer written notice varying the deduction notice where a decision as to a claimant’s protected earnings is revised or superseded.

Section 9

In regulation 25(2)(b) (power to serve further deduction notice on resumption of employment), for the words “reviewed under regulation 24" there shall be substituted the word “ varied ” .

Section 10

In regulation 26 (right of Secretary of State to recover direct from claimant), for the words from “the Secretary of State has" to “for him" there shall be substituted the words “ , at any time, it is not practicable for the Secretary of State ” .

Section 1

In regulation 1(2) (interpretation)–

(a) the definitions of “the 1975 Act" and “adjudication officer" shall be omitted;

(b) after the definition of “the 1986 Act" there shall be inserted the following definition–

“the 1998 Act" means the Social Security Act 1998;

(c) for the definition of “Commissioner" there shall be substituted the following definition–

“Commissioner" has the meaning it bears in section 39(1) of the 1998 Act;

(d) for the definition of “tribunal" there shall be substituted the following definition–

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

Section 2

(1) In the heading to regulation 2 (deductions from income support or jobseeker’s allowance) for the word “Deductions" there shall be substituted the words “ Application for deductions ” .

(2) Paragraphs (4) and (5) of regulation 2 shall be omitted.