Chwilio Deddfwriaeth

Social Security Act 1998

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Point in time view as at 03/11/2008.

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Social Security Act 1998, Chapter I is up to date with all changes known to be in force on or before 28 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Chapter IGeneral

Modifications etc. (not altering text)

C1Pt. I Ch. I functions transferred (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), arts. 1(1), 3(1), 4, 5, Sch. 1 (with Sch. 4)

Decisions

1Transfer of functions to Secretary of State

The following functions are hereby transferred to the Secretary of State, namely—

(a)the functions of adjudication officers appointed under section 38 of the Social Security Administration Act 1992 (“the Administration Act”);

(b)the functions of social fund officers appointed under section 64 of that Act; and

(c)the functions of child support officers appointed under section 13 of the Child Support Act 1991 (“the Child Support Act”).

Modifications etc. (not altering text)

C2S. 1(a): transfer of functions (5.10.1999) by Tax Credits Act 1999 (c. 10), ss. 2(1)(b), 20(2), Sch. 2 para. 5(a) (with s. 19)

Commencement Information

I1S. 1 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(2), Sch. 1 (with art. 4, Schs. 21-23)

I2S. 1(a) in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I3S. 1(a) in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I4S. 1(a) in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I5S. 1(a) in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I6S. 1(c) in force at 1.6.1999 by S.I. 1999/1510, art. 2(a) (with arts. 48-51)

2Use of computers

(1)Any decision, determination or assessment falling to be made or certificate falling to be issued by the Secretary of State under or by virtue of a relevant enactment, or in relation to a war pension, may be made or issued not only by an officer of his acting under his authority but also—

(a)by a computer for whose operation such an officer is responsible; and

(b)in the case of a decision, determination or assessment that may be made or a certificate that may be issued by a person providing services to the Secretary of State, by a computer for whose operation such a person is responsible.

(2)In this section “relevant enactment” means any enactment contained in—

(a)Chapter II of this Part;

(b)the Social Security Contributions and Benefits Act 1992 (“the Contributions and Benefits Act”);

(c)the Administration Act;

(d)the Child Support Act;

(e)the Social Security (Incapacity for Work) Act 1994;

(f)the Jobseekers Act 1995 (“the Jobseekers Act”);

(g)the Child Support Act 1995; F1...

(h)the Social Security (Recovery of Benefits) Act 1997; F2...

[F3(i)the State Pension Credit Act 2002][F4; or

(j)Part 1 of the Welfare Reform Act 2007].

(3)In this section and section 3 below “war pension” has the same meaning as in section 25 of the Social Security Act 1989 (establishment and functions of war pensions committees).

Textual Amendments

F3S. 2(2)(i) and preceding word inserted (2.7.2002 for specified purposes, 7.4.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 1 para. 5; S.I. 2002/1691, art. 2(i); S.I. 2003/966, art. 2(a)

F4S. 2(2)(j) and preceding word inserted (27.7.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 17(2); S.I. 2008/787, art. 2(3)(a)

Modifications etc. (not altering text)

C3S. 2 applied (with modifications) (4.3.1999 for specified purposes, 5.7.1999 for specified purposes) by Pension Schemes Act 1993 (c. 48), s. 170(1) (as substituted by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 131 (with s. 83, Sch. 6); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12))

Commencement Information

I7S. 2 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

I8S. 2(1)(2)(b)-(h)(3) in force at 8.9.1998 by S.I. 1998/2209, art. 2(a), Sch. Pt. I

I9S. 2(2)(a) in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I10S. 2(2)(a) in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I11S. 2(2)(a) in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I12S. 2(2)(a) in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

3Use of information

(1)Subsection (2) below applies to information relating to [F5any of the matters specified in subsection (1A) below] which is held—

(a)by the Secretary of State or the Northern Ireland Department; or

(b)by a person providing services to the Secretary of State or the Northern Ireland Department in connection with the provision of those services.

[F6(1A)The matters are—

(a)social security, child support or war pensions;

(b)employment or training;

(c)private pensions policy;

(d)retirement planning.]

(2)Information to which this subsection applies—

(a)may be used for the purposes of, or for any purposes connected with, the exercise of functions in relation to [F7any of the matters specified in subsection (1A) above]; and

(b)may be supplied to, or to a person providing services to, the Secretary of State or the Northern Ireland Department for use for those purposes.

F8(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In this section “the Northern Ireland Department” means the Department of Health and Social Services for Northern Ireland [F9or the Department for Employment and Learning in Northern Ireland].

[F10(5)In this section—

  • private pensions policy” means policy relating to occupational pension schemes or personal pension schemes (within the meaning given by section 1 of the Pension Schemes Act 1993);

  • retirement planning” means promoting financial planning for retirement.]

Textual Amendments

F5Words in s. 3(1) substituted (18.11.2004) by Pensions Act 2004 (c. 35), s. 322(2)(a), Sch. 10 para. 1(2) (with s. 313)

F7Words in s. 3(2)(a) substituted (18.11.2004) by Pensions Act 2004 (c. 35), s. 322(2)(a), Sch. 10 para. 1(4) (with s. 313)

Modifications etc. (not altering text)

C7S. 3(2)(a) applied (with modifications) (1.10.2004) by The Welfare Food Regulations 1996 (S.I. 1996/1434), reg. 22(1), Sch. 6 (as amended by S.I. 2004/2311, regs. 1(2), 2)

Commencement Information

I13S. 3 in force at 8.9.1998 by S.I. 1998/2209, art. 2(a), Sch. Pt. I

Appeals

F114Unified appeal tribunals

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F125President of appeal tribunals

(1)The Lord Chancellor may, after consultation with the Lord Advocate, appoint a President of appeal tribunals.

(2)A person is qualified to be appointed President if—

[F13(a)he satisfies the judicial-appointment eligibility condition on a 7-year basis; or]

(b)he is an advocate or solicitor in Scotland of at least [F147] years' standing.

(3)Schedule 1 to this Act shall have effect for supplementing this section.]

Textual Amendments

F12S. 5 omitted except in relation to S. for specified purposes (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), arts. 1(1)(5), Sch. 3 para. 145

Modifications etc. (not altering text)

C8Ss. 5-7 applied (with modifications) (25.2.2005) by The Child Trust Funds (Non-tax Appeals) Regulations 2005 (S.I. 2005/191), regs. 1(1), 5

C9S. 5(1): functions of Lord Advocate transferred (19.5.1999) by The Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678), arts. 1, 2(1), Sch.

C10S. 5(1): functions treated as exercisable in or as regards Scotland (30.6.1999) by The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), arts. 1, 3, Sch. 1 para. 19

Commencement Information

I14S. 5 in force at 1.6.1999 by S.I. 1999/1510, art. 2(c) (with arts. 48-51)

I15S. 5 in force at 29.11.1999 for further specified purposes by S.I. 1999/3178, art. 2(1)(b) (with art. 4, Schs. 21-23)

I16S. 5(3) in force at 31.3.2000 for further specified purposes by S.I. 1999/3178, art. 2(3) (with art. 4, Schs. 21-23)

[F156Panel for appointment to appeal tribunals

(1)The Lord Chancellor shall constitute a panel of persons to act as members of appeal tribunals.

(2)Subject to subsection (3) below, the panel shall be composed of [F16persons appointed by the Lord Chancellor].

(3)The panel shall include persons possessing such qualifications as may be prescribed by regulations made with the concurrence of the Lord Chancellor.

[F17(3A)As part of the selection process for the appointment of a medical practitioner as a member of the panel, the Judicial Appointments Commission shall consult the Chief Medical Officer.]

(4)The numbers of persons appointed to the panel, and the terms and conditions of their appointments, shall be determined by the Lord Chancellor with the consent of the Secretary of State.

(5)A person may be removed from the panel by the Lord Chancellor on the ground of incapacity or misbehaviour[F18; but the Lord Chancellor may remove such a person only with the concurrence of the appropriate senior judge].

[F19(5A)The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.]

(6)In this section “the Chief Medical Officer” means—

(a)in relation to England, the Chief Medical Officer of the Department of Health;

(b)in relation to Wales, the Chief Medical Officer of the Welsh Office; and

(c)in relation to Scotland, the Chief Medical Officer of the [F20Scottish Administration].]

Textual Amendments

F15S. 6 omitted except in relation to S. for specified purposes (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 146

Modifications etc. (not altering text)

C8Ss. 5-7 applied (with modifications) (25.2.2005) by The Child Trust Funds (Non-tax Appeals) Regulations 2005 (S.I. 2005/191), regs. 1(1), 5

Commencement Information

I17S. 6(3) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I18S. 6 in force at 1.6.1999 in so far as not already in force by S.I. 1999/1510, art. 2(c) (with arts. 48-51)

I19S. 6 in force at 29.11.1999 for further specified purposes by S.I. 1999/3178, art. 2(1)(b) (with art. 4, Schs. 21-23)

[F217Constitution of appeal tribunals

(1)Subject to subsection (2) below, an appeal tribunal shall consist of one, two or three members drawn by the President from the panel constituted under section 6 above.

(2)The member, or (as the case may be) at least one member, of an appeal tribunal must—

[F22(a)be a solicitor of the Senior Courts of England and Wales, a barrister in England and Wales or have a qualification that is specified under subsection (6A); or]

(b)be an advocate or solicitor in Scotland.

(3)Where an appeal tribunal has more than one member—

(a)the President shall nominate one of the members as chairman;

(b)decisions shall be taken by a majority of votes; and

(c)unless regulations otherwise provide, the chairman shall have any casting vote.

(4)Where it appears to an appeal tribunal that a matter before it involves a question of fact of special difficulty, then, unless regulations otherwise provide, the tribunal may require one or more experts to provide assistance to it in dealing with the question.

(5)In subsection (4) above “expert” means a member of the panel constituted under section 6 above who appears to the appeal tribunal concerned to have knowledge or experience which would be relevant in determining the question of fact of special difficulty.

(6)Regulations shall make provision with respect to—

(a)the composition of appeal tribunals;

(b)the procedure to be followed in allocating cases among differently constituted tribunals; and

(c)the manner in which expert assistance is to be given under subsection (4) above.

[F23(6A)The Lord Chancellor may by order specify a qualification for the purposes of subsection (2)(a) above.

(6B)Subsections (2) to (4), (9) and (10) of section 51 of the Tribunals, Courts and Enforcement Act 2007 (contents of orders under subsection (1) of that section, and cessation of effect of such orders) shall apply for the purposes of subsection (6A) above as they apply for the purposes of subsection (1) of that section, but as if the reference in subsection (3) of that section to section 50 of that Act were a reference to this section.

(6C)For the purposes of subsection (2)(a) above, a person shall be taken first to become a barrister—

(a)when the person completes pupillage in connection with becoming a barrister, or

(b)in the case of a person not required to undertake pupillage in connection with becoming a barrister, when the person is called to the Bar of England and Wales.

(6D)For the purposes of subsection (2)(a) above, a person shall be taken not to be a solicitor or a barrister, or not to have a qualification specified under subsection (6A) above, if as a result of disciplinary proceedings he is prevented from practising as a solicitor or (as the case may be) as a barrister or as a holder of the specified qualification.]

(7)Schedule 1 to this Act shall have effect for supplementing this section.]

Textual Amendments

F21S. 7 omitted except in relation to S. for specified purposes (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 147

Modifications etc. (not altering text)

C8Ss. 5-7 applied (with modifications) (25.2.2005) by The Child Trust Funds (Non-tax Appeals) Regulations 2005 (S.I. 2005/191), regs. 1(1), 5

Commencement Information

I20S. 7(6) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I21S. 7(7) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I22S. 7 in force at 1.6.1999 in so far as not already in force by S.I. 1999/1510, art. 2(c) (with arts. 48-51)

I23S. 7 in force at 29.11.1999 for further specified purposes by S.I. 1999/3178, art. 2(1)(b) (with art. 4, Schs. 21-23)

I24S. 7(7) in force at 31.3.2000 for further specified purposes by S.I. 1999/3178, art. 2(3) (with art. 4, Schs. 21-23)

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