The Social Security Act 1998 (Commencement Nos. 9 and 11) (Amendment) Order 2006

• Citation: S.I. 2006/2540
• Sections: 3

Section 1 Citation

(1) This Order may be cited as the Social Security Act 1998 (Commencement Nos. 9 and 11) (Amendment) Order 2006.

(2) The provisions of this Order shall take effect as from 16th October 2006.

Section 2 Amendment of Social Security Act 1998 (Commencement No. 9 etc. ) Order 1999

(1) The Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999 is amended as follows.

(2) In Article 1(2) (citation and interpretation) after paragraph (c) add—

(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.

(3) In Article 3 (consequential amendments and modifications)—

(a) in paragraph (1), at the beginning, insert “Subject to paragraph (15)”; and

(b) after paragraph (14) add—

(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

(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.

(4) In paragraph 4(1) of Schedule 14 (transitional provisions)—

(a) in sub-paragraph (a) omit “or”; and

(b) after sub-paragraph (a) insert—

(aa) under or by virtue of Part III of the Social Security Act 1975; or

Section 3 Amendment of Social Security Act 1998 (Commencement No. 11 etc.) Order 1999

(1) The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions ) Order 1999 is amended as follows .

(2) In Article 1(2) (citation and interpretation) after sub-paragraph (c) add—

(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 .

(3) In Article 3 (consequential amendments and modification)—

(a) in paragraph (1), at the beginning, insert “Subject to paragraph (15)”; and

(b) after paragraph (15) insert—

(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)”.

(4) In paragraph 4(1) of Schedule 16 (transitional provisions in relation to relevant benefits)—

(a) in sub-paragraph (a) omit “or”; and

(b) after sub-paragraph (a) insert—

(aa) under or by virtue of Part III of the Social Security Act 1975; or