Citation and interpretation

1.—(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(2);

(c)“relevant benefit” means any of the benefits to which article 2(c)(i) and (ii) of this Order refers,

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—

(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.

Consequential amendments and modifications

3.—(1) 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(3) 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(4) 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(5) 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(6) 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(7) 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(8) shall be amended in accordance with Schedule 7 to this Order.

(8) The Social Security (Attendance Allowance) Regulations 1991(9) shall be amended in accordance with Schedule 8 to this Order.

(9) The Fines (Deductions from Income Support) Regulations 1992(10) 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(11) 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(12) shall be amended in accordance with Schedule 11 to this Order.

(12) The Jobseeker’s Allowance Regulations 1996(13) 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(14) 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(15) 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(16) shall as they relate to relevant benefit be modified in accordance with Schedule 15 to this Order.

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) 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).

Article 2(c)

SCHEDULE 1PROVISIONS BROUGHT INTO FORCE ON 18TH OCTOBER 1999 FOR THE PURPOSES SPECIFIED IN ARTICLE 2(c)

Article 3(2)

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

As if in regulation 1(2)(33) (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;”.

Article 3(3)

SCHEDULE 3MODIFICATION OF THE SOCIAL SECURITY (CLAIMS AND PAYMENTS) REGULATIONS 1987

1.  As if in regulation 2(1)(34) (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)(35) (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”.

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”.

4.  As if in regulation 13A(36) (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”.

5.  As if in regulation 13C(37) (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”.

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(38) (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(39) (suspension and withholding of benefit) were omitted.

10.  As if in regulation 38(2A)(40) (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”.

11.  As if in paragraph 1(2)(a)(41) 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)—

(a)in paragraphs 3 to 7B and 9(42) 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)(43) for the word “reviewed” there were substituted the words “revised or superseded”.

13.  As if in paragraph 3(1)(44) 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”.

Article 3(4)

SCHEDULE 4MODIFICATION OF THE SOCIAL SECURITY (PAYMENTS ON ACCOUNT, OVERPAYMENTS AND RECOVERY) REGULATIONS 1988

1.  As if in regulation 1(2)(45) (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;”.

2.  As if in regulation 2(1)(b)(46) (making of interim payments), for the words “a reference, review,” there were substituted the word “an”.

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”; and

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

4.  As if in regulation 8(2)(47) (duplication and prescribed payments) for the words “on review” there were substituted the words “by way of revision or supersession”.

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

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”.

Article 3(5)

SCHEDULE 5MODIFICATION OF THE COMMUNITY CHARGES (DEDUCTIONS FROM INCOME SUPPORT) (SCOTLAND) REGULATIONS 1989

1.  As if in regulation 1(2)(48) (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;”; and

(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”.

2.  As if in regulation 2(49) (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”.

3.  As if in regulation 2A(50) (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”.

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.

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.”

6.  As if regulations 6 to 11 were omitted.

7.  As if Schedules 1 and 2 were omitted.

Article 3(6)

SCHEDULE 6MODIFICATION OF THE COMMUNITY CHARGES (DEDUCTIONS FROM INCOME SUPPORT) (NO. 2) REGULATIONS 1990

1.  As if in regulation 1(2)(51) (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;”; and

(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”.

2.  As if in regulation 2(52) (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”.

3.  As if in regulation 2A(53) (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”.

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.

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.”

6.  As if regulations 6 to 11 were omitted.

7.  As if Schedules 1 and 2 were omitted.

Article 3(7)

SCHEDULE 7AMENDMENT OF THE SOCIAL SECURITY (DISABILITY LIVING ALLOWANCE) REGULATIONS 1991

1.  In regulation 1(2)(54) (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”; and

(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;”.

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”.

3.  Regulations 5A, 5B and 5C(55) (medical examination, withholding of benefit and payment of withheld benefit) are hereby revoked.

4.  In regulations 9A(2)(a)(56) 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”.

5.  In Schedule 1(57) (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”.

Article 3(8)

SCHEDULE 8AMENDMENT OF THE SOCIAL SECURITY (ATTENDANCE ALLOWANCE) REGULATIONS 1991

1.  In regulations 7A(2)(a)(58) 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”.

2.  Regulations 8C, 8D and 8E(58) (medical examination, withholding of benefit and payment of withheld benefit) are hereby revoked.

Article 3(9)

SCHEDULE 9MODIFICATION OF THE FINES (DEDUCTIONS FROM INCOME SUPPORT) REGULATIONS 1992

1.  As if in regulation 1(2)(59) (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;”; and

(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”.

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

3.  As if in regulation 4(60)—

(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”.

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.

5.  As if in regulations 6(61) (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”.

6.  As if in regulation 7(5) (circumstances, time of making and termination of deductions) for the words “refer those further applications to the adjudication officer” there were substituted the words “determine those further applications”.

7.  As if for regulation 9 (appeal) there were substituted the following regulation—

“9.—(1) Where the Secretary of State has determined a question under regulation 4, the offender 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.”

8.  As if regulations 10 to 15 were omitted.

9.  As if Schedules 1 and 2 were omitted.

Article 3(10)

SCHEDULE 10MODIFICATION OF THE COUNCIL TAX (DEDUCTIONS FROM INCOME SUPPORT) REGULATIONS 1993

1.  As if in regulation 1(2)(62) (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;”; and

(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.”.

2.  As if for the heading to regulation 5 there were substituted “Determination of application”.

3.  As if in regulation 5(63)—

(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”.

4.  As if in regulation 6 (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.

5.  As if in regulations 7(64) (deductions from debtor’s income support or income-based jobseeker’s allowance) and 7A (deductions from debtor’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”.

6.  As if in regulation 8(4) (circumstances, time of making and termination of deductions) for the words “refer those further applications to the adjudication officer” there were substituted the words “determine those further applications”.

7.  As if for regulation 10 (appeal) there were substituted the following regulation—

“10.—(1) Where the Secretary of State has determined a question under regulation 5, 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.”

8.  As if regulations 11 to 16 were omitted.

9.  As if Schedules 1 and 2 were omitted.

Article 3(11)

SCHEDULE 11AMENDMENT OF THE SOCIAL SECURITY (INCAPACITY FOR WORK) (GENERAL) REGULATIONS 1995

1.  In regulation 2(1)(65) (interpretation) the definition of “disability appeal tribunal” shall be omitted.

2.  In regulation 17(1)(c) the words “a disability appeal tribunal or” shall be omitted, and after the words “the Disability Living Allowance Advisory Board” there shall be inserted the words “or as a panel member with a disability qualification, as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, acting as a member of an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998”.

Article 3(12)

SCHEDULE 12AMENDMENT OF THE JOBSEEKER'S ALLOWANCE REGULATIONS 1996

1.  In regulation 31(g)—

(a)in sub-paragraph (ii) for the word “review” there shall be substituted the words “revision or supersession”;

(b)in sub-paragraph (iii) for the words—

(i)“a social security appeal tribunal” there shall be substituted the words “an appeal tribunal”; and

(ii)“on a review” there shall be substituted the words “following a revision or supersession”.

2.  In regulations 31(g), 32, 33, 35, 39, 40, 55(1)(b), 68(1) and (2), 70, 94(9), 101(8) and (11), 105(4), (12) and (13), 139, 140, 141(3), 147(6)(b) and 163(3) in the substituted regulation 101(9) and (11), Schedule 2 paragraph 17(2) and (7)(a) and Schedule 4 paragraph 10(3)(d)(66) for the words “an adjudication officer” and “the adjudication officer” in each place where they occur there shall be substituted the words “the Secretary of State”.

3.  In the heading to regulation 32 the words “by an Adjudication Officer” shall be omitted.

4.  Regulations 41 to 45 are hereby revoked.

5.  In regulations 51(2)(b)(ii), 104(1), 106(1) and 111(b)(i) and Schedule 2 paragraphs 12(6) and 13(2)(a)(67) for the word “review” in each place where it occurs there shall be substituted the word “suppression”.

6.  In regulation 105(12) for the words “subsequent review” there shall be substituted the words “review or supersession”.

7.  In regulation 140A(68) for the words “regulation 56A(6) of the Social Security (Adjudication) Regulations 1995” there shall be substituted the words “regulation 7(8) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999”.

8.  In regulation 141(5) for the words “regulation 37 of the Claims and Payments Regulations” there shall be substituted the words “regulation 16 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999”.

9.  In regulations 142(3) and 146(1)(a) for the words “section 5(1)(n) of the Administration Act” there shall be substituted the words “section 21 of the Social Security Act 1998”.

10.  In paragraphs 12(8)(b) and 13(1)(b) of Schedule 2 for the words “or review” there shall be substituted the words “, revision or supersession”.

11.  In paragraph 13(1)(a)(i)(69) of Schedule 2 for the word “review” there shall be substituted the word “revision”.

Article 3(13)

SCHEDULE 13MODIFICATION OF THE EMPLOYMENT PROTECTION (RECOUPMENT OF JOBSEEKER'S ALLOWANCE AND INCOME SUPPORT) REGULATIONS 1996

1.  As if in the heading to Part IV (determination and review of benefit recouped) the words “AND REVIEW” were omitted.

2.  As if the following paragraphs were substituted for paragraphs (2) and (3) of regulation 10 (provisions relating to determination of amount paid by way of or paid as on account of benefit)—

“(2) Where an employee has given notice in writing to the Secretary of State under paragraph (1) above that he does not accept that an amount specified in the recoupment notice is correct, the Secretary of State shall decide the question as to the amount of jobseeker’s allowance paid in respect of the period to which the prescribed element is attributable or, as appropriate, in respect of so much of the protected period as falls before the date on which the employer complies with Regulation 6 above.

(2A) The Secretary of State may revise either upon application made for the purpose or on his own initiative a decision under paragraph (2) above.

(2B) The employee shall have a right of appeal to an appeal tribunal constituted under Chapter I of Part I of the 1998 Act against a decision of the Secretary of State whether as originally made under paragraph (2) or as revised under paragraph (2A) above.

(2C) The Social Security and Child Support (Decisions and Appeals) Regulations 1999 shall apply for the purposes of paragraphs (2A) and (2B) above as though a decision of the Secretary of State under paragraph (2A) above were made under section 9 of the 1998 Act and any appeal under paragraph (2B) were made under section 12 of that Act.

(2D) In this Regulation “the 1998 Act” means the Social Security Act 1998.

(3) Where the Secretary of State recovers too much money from an employer under these Regulations the Secretary of State shall pay to the employee an amount equal to the excess.”.

Article 3(14)

SCHEDULE 14MODIFICATION OF THE SOCIAL SECURITY (BACK TO WORK BONUS) (NO. 2) REGULATIONS 1996

1.  As if in regulations 5(4)(c)(ii) and (6)(70), 8(5)(b) and 25(1) for the words “the adjudication officer” there were substituted the words “the Secretary of State”.

2.  As if in regulation 8(4)(c) and (d) for the word “review” there were substituted the words “revision or supersession”.

3.  As if in regulation 9(2) the words “upon the adjudication officer” were omitted.

Article 3(15)

SCHEDULE 15MODIFICATION OF THE SOCIAL SECURITY (COMPUTATION OF EARNINGS) REGULATIONS 1996

1.  Subject to the following provisions of this Schedule, as if for the words “the adjudicating authority” and “an adjudicating authority” in each place where they occur there were substituted the words “the Secretary of State”.

2.  As if in regulation 2(1) (interpretation), the definition of “adjudicating authority” were omitted.

3.  As if in regulation 4 (notional earnings)—

(a)in paragraph (1) for the words “of the determination of the claim or of any subsequent review the adjudicating authority shall treat the claimant” there were substituted the words “on which a decision falls to be made by the Secretary of State under Chapter II of Part I of the Social Security Act 1998 or regulations made thereunder the claimant shall be treated”; and

(b)in paragraph (2) for the words “the adjudicating authority shall treat the claimant” there were substituted the words “the claimant shall be treated”.

4.  As if in regulation 6(8) (calculation of earnings of employed earners) in paragraph (b)(ii)(bb) of the definition of “part-time employment”, for the words “of review” there were substituted the words “on which a revision or supersession of a decision falls to be made”.

5.  As if in regulation 13(8) (calculation of net profit of self-employed earners), for the words “The adjudicating authority shall refuse to make a deduction” there were substituted the words “A decision shall not be made”.

6.  As if in regulation 14(2) (deduction of tax and contributions for self-employed earners) for the words “of the determination of the claim or of any subsequent review” in both places where they occur there were substituted the words “on which a decision is made by the Secretary of State under Chapter II of Part I of the Social Security Act 1998 or regulations made thereunder”.

7.  As if regulation 16 (transitional provision to suspend benefit and make interim payments) were omitted.

Article 4

SCHEDULE 16TRANSITIONAL PROVISIONS IN RELATION TO RELEVANT BENEFIT

1.  In this Schedule—

“the Adjudication Regulations” means the Social Security (Adjudication) Regulations 1995(71);

“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987(72);

“claimant” and “legally qualified panel member” have the meanings they bear in regulation 1(3) of the Regulations; and

any reference to a decision includes a reference to a decision which fell to be made under the Social Security (Introduction of Disability Living Allowance) Regulations 1991(73) or the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996(74).

2.  A decision which fell to be made before 18th October 1999, but which was not made before that date—

(a)on a claim for; or

(b)under or by virtue of Part II of the Administration Act in relation to,

a relevant benefit (other than a decision which fell to be made on appeal) shall be made by the Secretary of State under paragraph (a) or, as the case may be, paragraph (c) of section 8(1).

3.—(1) Any application duly made before 18th October 1999 under Part II of the Administration Act for a review of a decision (other than a decision made on appeal) in relation to a relevant benefit which was not decided before that date shall on or after that date be treated as an application to the Secretary of State—

(a)where the application is made—

(i)within three months of the date on which the applicant was notified of the decision, or within such longer period as may be allowed under sub-paragraph (3) below; and

(ii)other than on the ground of a relevant change of circumstances,

for a revision of that decision under section 9; or

(b)in any other case, for a decision under section 10 to supersede that decision.

(2) Any application duly made before 18th October 1999 under Part II of the Administration Act for a review of a decision made on appeal in relation to a relevant benefit shall on or after that date be treated as an application to the Secretary of State for a decision under section 10 to supersede that decision.

(3) Subject to sub-paragraphs (4) and (5) below, the period of three months specified in sub-paragraph (1)(a) above may be extended where an application for such an extension is made before 18th November 2000 by a claimant or a person acting on his behalf containing—

(a)the grounds on which an extension of time is sought; and

(b)sufficient details of the decision to enable it to be identified.

(4) An application for an extension of time shall not be granted under sub-paragraph (3) above unless the Secretary of State is satisfied that—

(a)it is reasonable to grant that application;

(b)the application for review has merit; and

(c)special circumstances are relevant to the application for extension of time as a result of which it was not practicable for the application for review to be made within three months of the date of the adjudication officer’s decision being notified to the claimant.

(5) In deciding whether to grant an extension of time no account shall be taken of the following factors—

(a)that the claimant or any person acting for him misunderstood or was unaware of the law applicable to his case (including misunderstanding or being unaware of the period specified in sub-paragraph (1)(a) above); or

(b)that a Commissioner or a court has taken a different view of the law from that previously understood and applied by the adjudication officer.

(6) Where, by virtue of sub-paragraph (1)(b) or (2) above—

(a)a decision is made under section 10 which is advantageous to the applicant; and

(b)the same decision could have been made on a review prior to 18th October 1999,

that decision shall take effect from the date on which it would have taken effect had the decision been so made.

(7) Notwithstanding regulation 7(9) of the Regulations, but subject to sub-paragraph (6) above, where in any case relating to attendance allowance or disability living allowance a decision is made under section 10, on the basis of a relevant change of circumstances which occurred before 18th October 1999 and the decision is advantageous to the claimant, the decision shall take effect from—

(a)where the decision is made on the Secretary of State’s own initiative, the date of that decision;

(b)in a case where the change is relevant to the question of entitlement to a particular rate of benefit and the claimant notifies the change before a date one month after he satisfies the conditions of entitlement to that rate or within such longer period as may be allowed under regulation 8 of the Regulations, the first pay day (as specified in Schedule 6 to the Claims and Payments Regulations) after he satisfied those conditions;

(c)in a case where the change is relevant to the question of whether benefit is payable and the claimant notifies the change before a date one month after the change or within such longer period as may be allowed under regulation 8 of the Regulations, the first pay day (as specified in Schedule 6 to the Claims and Payments Regulations) after the change occurred; or

(d)in any other case, the date of the application for the superseding decision.

4.—(1) A decision (other than a decision of a social security appeal tribunal, a disability appeal tribunal, a medical appeal tribunal or a Commissioner) made before 18th October 1999—

(a)on a claim for; or

(b)under or by virtue of Part II of the Administration Act in relation to,

a relevant benefit, shall be treated on or after that date as a decision of the Secretary of State under paragraph (a) or, as the case may be, paragraph (c) of section 8(1).

(2) Where, before 18th October 1999, any person was required to give notice to the claimant of a decision referred to in sub-paragraph (1) above, and such notice has not been given to the claimant before that date, the Secretary of State shall on or after that date give notice to the claimant of that decision.

5.—(1) This paragraph applies where the time limit for making an appeal to a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal in respect of a decision in relation to a relevant benefit made before 18th October 1999 has not expired before that date.

(2) Where sub-paragraph (1) applies, regulation 3 of the Adjudication Regulations as it relates to the period within which an appeal may be made, or an extension of that period, shall, notwithstanding regulation 59 of the Regulations, continue to have effect, subject to the modifications in sub-paragraph (3) below, with respect to an appeal tribunal made on or after 18th October 1999 in relation to that decision.

(3) The modifications referred to in sub-paragraph (2) above are as if—

(a)references to—

(i)a chairman or a person considering the application were references to a legally qualified panel member;

(ii)a tribunal where references to an appeal tribunal constituted under Chapter I of Part I of the Act;

(b)in paragraph (3E)(75) for the words from “6 years” to the end of the paragraph there were substituted the words “18th November 2000”.

(4) Notwithstanding regulation 3 of the Regulations, the Secretary of State may revise under section 9 of the Act a decision made before 18th October 1999 on a claim for or award of a relevant benefit (other than a decision made on appeal)—

(a)pursuant to an application for a review of a decision made within three months of the notification of that decision; or

(b)where an appeal has been duly made against that decision but not determined.

(5) Where a decision is revised pursuant to sub-paragraph (4) the appeal shall lapse unless the decision as revised is not more advantageous to the appellant than the decision before it was revised.

6.  An appeal to a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal in relation to a relevant benefit which was duly made before 18th October 1999 and which has not been determined before that date shall, without prejudice to Chapter III of Part V of the Regulations, be treated on or after that date as an appeal duly made to an appeal tribunal in relation to a decision of the Secretary of State under section 8.

7.—(1) This paragraph applies where a clerk to a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal has before 18th October 1999 given a direction under regulation 22(1), regulation 29(1) or regulation 38(1)(76), as the case may be, of the Adjudication Regulations in connection with an appeal in relation to a relevant benefit to that tribunal, and the notification mentioned in paragraph (1A)(77) of that regulation 22, paragraph (1A)(77) of that regulation 29 or paragraph (1A)(77) of that regulation 38 has not been received by the clerk before that date.

(2) A notification in response to such a direction given under that regulation 22(1), regulation 29(1) or regulation 38(1) shall be—

(a)in writing; and

(b)made within 14 days of receipt of the direction or within such other period as the clerk to an appeal tribunal may direct.

(3) An appeal may be struck out by the clerk to an appeal tribunal where the notification referred to in sub-paragraph (2) above is not received within the period specified in that sub-paragraph.

(4) An appeal which has been struck out in accordance with sub-paragraph (3) above shall be treated for the purpose of reinstatement as if it had been struck out under regulation 46 of the Regulations.

(5) An oral hearing of the appeal shall be held where—

(a)a notification is received by the clerk to the appeal tribunal under sub-paragraph (2) above; or

(b)the chairman of the appeal tribunal or, in the case of an appeal tribunal which has only one member, that member of the appeal tribunal is satisfied that such a hearing is necessary to enable the appeal tribunal to reach a decision.

8.  Where an appeal to a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal in relation to a relevant benefit has been struck out under regulation 7(78) of the Adjudication Regulations, a legally qualified panel member may on or after 18th October 1999, on an application made by any party to the proceedings not later than three months from the date of the order under paragraph (1) of that regulation, reinstate the appeal if he is satisfied that—

(a)the applicant did not receive a notice under paragraph (2) of that regulation; and

(b)the conditions in paragraph (2A)(79) of that regulation were not satisfied,

and the appeal shall then be treated as an appeal to an appeal tribunal in relation to a decision of the Secretary of State under section 8.

9.  An appeal tribunal shall completely rehear any appeal to a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal in relation to a relevant benefit which stands adjourned immediately before 18th October 1999.

10.  Where, before 18th October 1999, a case fell to be referred by a medical appeal tribunal to an adjudication officer under any provision of the Social Security (Introduction of Disability Living Allowance) Regulations 1991, the appeal tribunal hearing the appeal on or after that date shall refer the case to the Secretary of State to be decided under section 8.

11.  A copy of a statement of—

(a)the reasons for a decision of a social security appeal tribunal, a disability appeal tribunal or, as the case may be, a medical appeal tribunal in relation to a relevant benefit; and

(b)its findings on questions of fact material thereto,

shall be supplied to each party to the proceedings before that tribunal, if requested by any such party within 21 days of the date on which notification of that decision was given or sent.

12.—(1) Subject to sub-paragraph (2) below, any decision of a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal in relation to a relevant benefit shall be treated as a decision of an appeal tribunal made under section 12.

(2) Where sub-paragraph (1) above applies, any application for leave to appeal which is made for the purposes of section 14(10)(a) shall be made no later than three months after the date on which a copy of the statement of the reasons for the decision of the social security appeal tribunal, disability appeal tribunal or, as the case may be, medical appeal tribunal was given or sent to the applicant.

13.—(1) Subject to sub-paragraph (3) below, regulation 10 of the Adjudication Regulations, and regulation 3 of those Regulations in so far as it relates to that regulation 10, shall, notwithstanding regulation 59 of the Regulations, continue to have effect, subject to the modifications specified in sub-paragraph (2) below, in relation to any application to set aside a decision of a social security appeal tribunal, disability appeal tribunal or medical appeal tribunal in relation to a relevant benefit.

(2) The modifications referred to in sub-paragraph (1) above are as if in regulation 3 for the reference to a chairman and in regulation 10(1) the first reference to the adjudicating authority which gave the decision and to an authority of like status, there were substituted references to a legally qualified panel member.

(3) Paragraph (1) above shall not apply in any case where an application to set aside a decision of a social security appeal tribunal, disability appeal tribunal or medical appeal tribunal is made after 18th November 2000.

14.  Where, immediately before 18th October 1999, payment of a relevant benefit was suspended or withheld by virtue of any provision of Part V of the Claims and Payments Regulations (suspension and extinguishment), the provisions of Chapter I of Part III of the Regulations (suspension and termination) shall apply with respect to that suspension or witholding as if it were a suspension imposed by virtue of those provisions.

15.  For the purpose of section 10(1)(b), a decision of a Commissioner made before 18th October 1999 as respects a relevant benefit shall be treated as a decision of a Commissioner made under section 14.

Article 4

SCHEDULE 17TRANSITIONAL PROVISIONS IN RELATION TO VACCINE DAMAGE PAYMENTS

1.  An application duly made for a reconsideration of a determination that a payment should not be made under section 1(1) of the Vaccine Damage Payments Act which was not determined before 18th October 1999 shall be treated as an application under section 3A (decisions reversing earlier decisions) of that Act(80) for a reversal of a decision.

2.  An application—

(a)duly made for a review of a determination that a person is, or where he has died, was immediately before his death severely disabled (within the meaning of section 1(4) of the Vaccine Damage Payments Act) as a result of vaccination against any of the diseases to which that Act applies; and

(b)which was not determined before 18th October 1999,

shall be treated as an appeal under section 4(81) (appeals to appeal tribunals) of that Act to an appeal tribunal.

3.  Where a review by a vaccine damage tribunal stands adjourned immediately before 18th October 1999 the case shall be reheard by an appeal tribunal as an appeal under section 4 (appeals to appeal tribunals) of the Vaccine Damage Payments Act.

4.  A decision upon review of a vaccine damage tribunal shall be treated as a decision upon appeal of an appeal tribunal under section 4 (appeals to appeal tribunals) of the Vaccine Damage Payments Act.

Article 4

SCHEDULE 18TRANSITIONAL PROVISION IN RELATION TO CREDITS OF CONTRIBUTIONS OR EARNINGS AND HOME RESPONSIBILITIES PROTECTION

A decision which fell to be made, but which was now made, before 18th October 1999 under or by virtue of Part II of the Administration Act as to whether—

(a)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; or

(b)a person was (within the meaning of regulations) precluded from regular employment by responsibilities at home,

shall be made by the Secretary of State under paragraph (c) of section 8(1).

Explanatory Note

(This note is not part of the Order)

This Order provides for the coming into force on 18th October 1999 of further provisions of the Social Security Act 1998 (“the Act”) so as to introduce on that date—as respects attendance allowance, disability living allowance, invalid care allowance and jobseeker’s allowance (defined as “relevant benefit”), vaccine damage payments, home responsibilites protection and credits—the new arrangements for decision-making and appeals provided for in Chapter II of Part I of the Act.

The provisions brought into force by article 2(c) and Schedule 1 relate in particular to the transfer of decision-making functions from adjudication officers to the Secretary of State, and from social security appeal tribunals, disability appeal tribunals and medical appeal tribunals to appeal tribunals constituted under Chapter I of Part I of the Act, and provide for the exercise of such functions under the provisions of Chapter II of that Part (which replace the adjudication arrangements currently in force under Part II of the Social Security Administration Act 1992) (“the Administration Act”).

This Order makes consequential amendments and modifications in other statutory instruments in so far as they are concerned with, or make reference to, existing arrangements for decision-making and appeals, specifically in relation to relevant benefit (article 3 and Schedules 5 to 14). Certain other provisions (for example, those which relate to claims and payments generally) are modified in relation to relevant benefit (article 3 and Schedules 2 to 4 and 15).

This Order makes transitional provision, in particular as to the manner in which matters which, immediately before 18th October 1999, are awaiting determination under the existing arrangements for decision-making and appeals are to be dealt with on or after that date (article 4 and Schedules 16 to 18). These include questions which fell to be dealt with under the Social Security (Introduction of Disability Living Allowance) Regulations 1991 and the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996.

Savings are made as respects certain provisions of the Administration Act and regulations made under them in relation to certain decisions taken by the Secretary of State before 18th October 1999 (article 5).

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions have been brought into force by the Social Security Act 1998 (Commencement No. 1) Order 1998 (S.I. 1998/2209), the Social Security Act 1998 (Commencement No. 2) Order 1998 (S.I. 1998/2780), the Social Security Act 1998 (Commencement No. 3) Order 1999 (S.I. 1999/418), the Social Security Act 1998 (Commencement No. 4) Order 1999 (S.I. 1999/526), the Social Security Act 1998 (Commencement No. 5) Order 1999 (S.I. 1999/528), the Social Security Act 1998 (Commencement No. 6) Order 1999 (S.I. 1999/1055), the Social Security Act 1998 (Commencement No. 7, and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1510), the Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1958), the Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2422) and the Social Security Act 1998 (Commencement No. 10 and

Transitional Provisions) Order 1999 (S.I. 1999/2739).