Social Security Act 1998

Section 86(1).

SCHEDULE 7Minor and consequential amendments

Army Act 1955 (c. 18)

1In section 150A(3) of the Army Act 1955 (enforcement of maintenance assessment by deductions from pay), for the words “a child support officer” there shall be substituted the words “the Secretary of State”.

Commencement Information

I1Sch. 7 para. 1 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(i) (with arts. 48-51)

Air Force Act 1955 (c. 19)

2In section 150A(3) of the Air Force Act 1955 (enforcement of maintenance assessment by deductions from pay), for the words “a child support officer” there shall be substituted the words “the Secretary of State”.

Commencement Information

I2Sch. 7 para. 2 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(i) (with arts. 48-51)

Parliamentary Commissioner Act 1967 (c. 13)

3F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In Schedule 4 to that Act (relevant tribunals for the purposes of section 5(7)) the following entries shall cease to have effect, namely—

Tribunals constituted in Great Britain under regulations made under section 4 of the Vaccine Damage Payments Act 1979;

Child support appeal tribunals constituted under section 21 of the Child Support Act 1991;

Social security appeal tribunals constituted under section 41 of the Social Security Administration Act 1992;

Disability appeal tribunals constituted under section 43 of that Act; and

Medical appeal tribunals constituted under section 50 of that Act.

House of Commons Disqualification Act 1975 (c. 24)

4(1)In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), in the entry relating to an adjudicating medical practitioner or specially qualified adjudicating medical practitioner, the words “Part II of the Social Security Administration Act 1992 or” shall cease to have effect.

(2)In that Part of that Schedule, the following entries shall cease to have effect, namely—

Regional or other full-time chairman of a child support appeal tribunal established under section 21 of the Child Support Act 1991;

A regional or other full-time Chairman of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals;

Chief Adjudication Officer appointed under section 39 of the Social Security Administration Act 1992;

Chief Child Support Officer appointed under section 13(3) of the Child Support Act 1991;

Member of a Medical Appeal Tribunal appointed under section 50 of the Social Security Administration Act 1992;

Member of a panel appointed under section 6 of the Tribunals and Inquiries Act 1992 of persons to act as chairmen of Child Support Appeal Tribunals;

Member of a panel appointed under section 6 of the Tribunals and Inquiries Act 1992 of persons to act as chairmen of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals;

Member of a panel of persons who may be appointed to serve on a Vaccine Damage Tribunal; and

President of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals.

(3)In that Part of that Schedule there shall be inserted at the appropriate places the following entries—

Member of a panel of persons appointed under section 6 of the Social Security Act 1998;

President of appeal tribunals (within the meaning of Chapter I of Part I of the Social Security Act 1998) appointed under section 5 of that Act.

Commencement Information

I3Sch. 7 para. 4(1)(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)

I4Sch. 7 para. 4(2) in force at 1.6.1999 for specified purposes by S.I. 1999/1510, art. 2(g)(ii) (with arts. 48-51)

I5Sch. 7 para. 4(2) 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)

I6Sch. 7 para. 4(3) in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

Vaccine Damage Payments Act 1979 (c. 17)

5In subsection (4) of section 3 of the Vaccine Damage Payments Act (determination of claims), for the words from “that, if an application” to the end there shall be substituted the words “of the right of appeal conferred by section 4 below”.

Commencement Information

I7Sch. 7 para. 5 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)

6In section 5 of that Act (reconsideration of determinations and recovery of payments in certain cases), subsections (1) to (3) and (5) shall cease to have effect.

Commencement Information

I8Sch. 7 para. 6 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)

7(1)In subsection (3) of section 7 of that Act (payments, claims etc. made prior to Act)—

(a)for the words “section 5 above”, in the first place where they occur, there shall be substituted the words “section 3A above”; and

(b)the words from “and in relation to” to the end shall cease to have effect.

(2)In subsection (4) of that section, for the words “Subsections (4) and (5) of section 5 above” there shall be substituted the words “Section 5(4) above”.

Commencement Information

I9Sch. 7 para. 7 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)

8After section 7A of that Act there shall be inserted the following section—

7BFinality of decisions

(1)Subject to the provisions of this Act, any decision made in accordance with the foregoing provisions of this Act shall be final.

(2)If and to the extent that regulations so provide, any finding of fact or other determination embodied in or necessary to such a decision, or on which such a decision is based, shall be conclusive for the purposes of—

(a)further such decisions;

(b)decisions made in accordance with sections 8 to 16 of the Social Security Act 1998, or with regulations under section 11 of that Act; and

(c)decisions made under the [1991 c. 48.] Child Support Act 1991.

Commencement Information

I10Sch. 7 para. 8 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I11Sch. 7 para. 8 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)

9In subsection (3) of section 8 of that Act (regulations)—

(a)for the words “a reconsideration under section 5 above”, in both places where they occur, there shall be substituted the words “a decision under section 3A above”; and

(b)for the words “the tribunals constituted under section 4 above” there shall be substituted the words “appeal tribunals”.

Commencement Information

I12Sch. 7 para. 9 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I13Sch. 7 para. 9 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)

10In section 12 of that Act (financial provisions), subsection (1) shall cease to have effect.

Commencement Information

I14Sch. 7 para. 10 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)

Forfeiture Act 1982 (c. 34)

F211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Debtors (Scotland) Act 1987 (c. 18)

12In subsection (5)(f) of section 1 (competence of time to pay direction) and subsection (4)(f) of section 5 (competence of time to pay order) of the Debtors (Scotland) Act 1987—

(a)the word “; or” after sub-paragraph (ii) shall cease to have effect; and

(b)after sub-paragraph (iii) there shall be inserted the words or

(iv)any amount by way of contributions, or by way of interest or penalty in respect of contributions, certified under section 118(1) of the [1992 c. 5.] Social Security Administration Act 1992 as liable to be paid to the Secretary of State.

Commencement Information

I15Sch. 7 para. 12 in force at 6.4.1999 by S.I. 1999/526, art. 2(3)(4)(b)

13In section 106 of that Act (interpretation), in the definition of “summary warrant”, after paragraph (c) there shall be inserted the following paragraph—

(cc)section 121B of the Social Security Administration Act 1992;.

Commencement Information

I16Sch. 7 para. 13 in force at 6.4.1999 by S.I. 1999/526, art. 2(3)(4)(b)

14In paragraph 35 of Schedule 5 to that Act (interpretation), in the definition of “creditor”, after paragraph (d) there shall be inserted the following paragraph—

(dd)for the purposes of section 121B of the Social Security Administration Act 1992, the Secretary of State;.

Commencement Information

I17Sch. 7 para. 14 in force at 6.4.1999 by S.I. 1999/526, art. 2(3)(4)(b)

Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47)

15In paragraph 7A of Schedule 2 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (recovery of outstanding community charge by deductions from income support or jobseeker’s allowance), for the words “appeals and reviews” in sub-paragraph (2)(a) there shall be substituted the words “appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act”.

Commencement Information

I18Sch. 7 para. 15 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)

I19Sch. 7 para. 15 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)

Income and Corporation Taxes Act 1988 (c. 1)

16In subsection (3) of section 172 of the Income and Corporation Taxes Act 1988 (exceptions from tax)—

(a)for the words “Class 1 contributions” there shall be substituted the words “secondary Class 1 contributions”; F3...

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Sch. 7 para. 16(b) and preceding word repealed (6.4.2000) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(3)(c), Sch. 13 Pt. VI; S.I. 1999/3420, art. 4(c)(e)

Commencement Information

I20Sch. 7 para. 16 in force at 6.4.1999 by S.I. 1999/418, art. 2(2)(3)(a)

Local Government Finance Act 1988 (c. 41)

17In sub-paragraph (2)(a) of paragraph 6 of Schedule 4 to the Local Government Finance Act 1988 (recovery of outstanding community charge by deductions from income support or jobseeker’s allowance), for the words “appeals and reviews” there shall be substituted the words “appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act”.

Commencement Information

I21Sch. 7 para. 17 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)

I22Sch. 7 para. 17 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)

Child Support Act 1991 (c. 48)

18In section 2 of the Child Support Act (welfare of children: the general principle), the words “or any child support officer” shall cease to have effect.

Commencement Information

I23Sch. 7 para. 18 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

19In subsection (4) of section 4 of that Act (child support maintenance), the words “or the child support officer” shall cease to have effect.

Commencement Information

I24Sch. 7 para. 19 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

F420. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 7 para. 20 repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

21In subsection (5) of section 7 of that Act (right of child in Scotland to apply for assessment), the words “or the child support officer” shall cease to have effect.

Commencement Information

I25Sch. 7 para. 21 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

22In subsections (1) and (2) of section 8 of that Act (role of courts with respect to maintenance for children), for the words “a child support officer” there shall be substituted the words “the Secretary of State”.

Commencement Information

I26Sch. 7 para. 22 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

23(1)In subsection (4) of section 10 of that Act (relationship between maintenance assessments and certain court orders)—

(a)for the words “the child support officer concerned” there shall be substituted the words “the Secretary of State”; and

(b)for the words “that officer” there shall be substituted the word “he”.

(2)In subsection (5) of that section, for the words “a child support officer” there shall be substituted the words “an officer of the Secretary of State”.

Commencement Information

I27Sch. 7 para. 23 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

F524. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Sch. 7 para. 24 repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F625. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Sch. 7 para. 25 repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

26Section 13 of that Act (child support officers) shall cease to have effect.

Commencement Information

I28Sch. 7 para. 26 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

27In section 14 of that Act (information required by Secretary of State)—

(a)subsections (2) and (2A) shall cease to have effect; and

(b)in subsection (3), the words “or by child support officers” shall cease to have effect and for the word “them” there shall be substituted the word “him”.

Commencement Information

I29Sch. 7 para. 27(a) in force at 8.9.1998 by S.I. 1998/2209, art. 2(a), Sch. Pt. I

I30Sch. 7 para. 27 in force at 1.6.1999 in so far as not already in force by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

F728. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F829. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F930. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31(1)In subsection (1) of section 26 of that Act (disputes about parentage), for the words “the child support officer concerned” there shall be substituted the words “the Secretary of State”.

(2)In subsection (2) of that section, in Case E, for the words “the child support officer” there shall be substituted the words “the Secretary of State”.

Commencement Information

I31Sch. 7 para. 31 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

F1032. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33In subsection (1) of section 28 of that Act (power of Secretary of State to initiate or defend actions of declarator: Scotland), for the words “a child support officer to whom the case is referred” there shall be substituted the words “the Secretary of State”.

Commencement Information

I32Sch. 7 para. 33 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

F1134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 7 para. 34 repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F1235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Sch. 7 para. 35 repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F1336. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1437. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14Sch. 7 para. 37 repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F1538. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15Sch. 7 para. 38 repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F1639. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16Sch. 7 para. 39 repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F1740. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17Sch. 7 para. 40 repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

41In subsection (1) of section 44 of that Act (jurisdiction), for the words “A child support officer” there shall be substituted the words “The Secretary of State”.

Commencement Information

I33Sch. 7 para. 41 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

F1842. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1943. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19Sch. 7 para. 43 repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

44After that section there shall be inserted the following sections—

46AFinality of decisions

(1)Subject to the provisions of this Act, any decision of the Secretary of State or an appeal tribunal made in accordance with the foregoing provisions of this Act shall be final.

(2)If and to the extent that regulations so provide, any finding of fact or other determination embodied in or necessary to such a decision, or on which such a decision is based, shall be conclusive for the purposes of—

(a)further such decisions;

(b)decisions made in accordance with sections 8 to 16 of the Social Security Act 1998, or with regulations under section 11 of that Act; and

(c)decisions made under the [1979 c. 17.] Vaccine Damage Payments Act 1979.

46BMatters arising as respects decisions

(1)Regulations may make provision as respects matters arising pending—

(a)any decision of the Secretary of State under section 11, 12 or 17;

(b)any decision of an appeal tribunal under section 20; or

(c)any decision of a Child Support Commissioner under section 24.

(2)Regulations may also make provision as respects matters arising out of the revision under section 16, or on appeal, of any such decision as is mentioned in subsection (1).

(3)Any reference in this section to section 16, 17 or 20 includes a reference to that section as extended by Schedule 4C.

Commencement Information

I34Sch. 7 para. 44 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I35Sch. 7 para. 44 in force at 1.6.1999 in so far as not already in force by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

45In subsection (5) of section 50 of that Act (unauthorised disclosure of information), in paragraph (c), after the words “other officer of,” there shall be inserted the words “an appeal tribunal or”.

Commencement Information

I36Sch. 7 para. 45 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

F2046. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20Sch. 7 para. 46 repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

47In section 54 of that Act (interpretation)—

F21(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the definitions of “adjudication officer”, “Chief Adjudication Officer”, “Chief Child Support Officer”, “child support appeal tribunal” and “child support officer” shall cease to have effect.

Textual Amendments

Commencement Information

I37Sch. 7 para. 47 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)

I38Sch. 7 para. 47(b) in force at 1.6.1999 for specified purposes by S.I. 1999/1510, art. 2(g)(iv) (with arts. 48-51)

48F22(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In paragraph 15 of that Schedule (separate assessments for different periods), for the words “a child support officer” there shall be substituted the words “the Secretary of State”.

(5)In paragraph 16 of that Schedule (termination of assessments)—

F23(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in sub-paragraph (10), the words “or a child support officer” shall cease to have effect.

Textual Amendments

F22Sch. 7 para. 48(1)(2)(3) repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F23Sch. 7 para. 48(5)(a)(b)(c) repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

Commencement Information

I39Sch. 7 para. 48 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(v) (with arts. 48-51)

49Paragraph 2 of Schedule 2 to that Act (local authority records) shall cease to have effect.

Commencement Information

I40Sch. 7 para. 49 in force at 8.9.1998 by S.I. 1998/2209, art. 2(a), Sch. Pt. I

50Schedule 3 to that Act (child support appeal tribunals) shall cease to have effect.

Commencement Information

I41Sch. 7 para. 50 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(v) (with arts. 48-51)

F2451. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2552. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2653. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26Sch. 7 para. 53 repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F2754. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27Sch. 7 para. 54 repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

Criminal Justice Act 1991 (c. 53)

55In subsection (2)(b) of section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from income support or jobseeker’s allowance), for the words “appeals and reviews” there shall be substituted the words “appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act”.

Commencement Information

I42Sch. 7 para. 55 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)

I43Sch. 7 para. 55 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)

Social Security Contributions and Benefits Act 1992 (c. 4)

56(1)In subsection (2) of section 1 of the Contributions and Benefits Act (outline of contributory system), for the word “five” there shall be substituted the word “six” and after paragraph (b) there shall be inserted the following paragraph—

(bb)Class 1B, payable under section 10A below by persons who are accountable to the Inland Revenue in respect of income tax on emoluments in accordance with a PAYE settlement agreement;.

(2)In subsection (4)(a) of that section after “1A,” there shall be inserted “1B,”.

(3)In subsection (6) of that section, after the words “Class 1A”, in both places where they occur, there shall be inserted the words “, Class 1B”.

Commencement Information

I44Sch. 7 para. 56 in force at 8.9.1998 for specified purposes and 6.4.1999 in so far as not already in force by S.I. 1998/2209, art. 2(b)(c), Sch. Pts. II, III

F2857. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2958. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29Sch. 7 para. 58 repealed (with effect in accordance with Sch. 9 Pt. 8(1) Note 1 of the amending Act) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(2), Sch. 9 Pt. VIII(1) (with s. 83(6))

59After subsection (3) of section 14 of that Act (restriction on right to pay Class 3 contributions) there shall be inserted the following subsection—

(4)Where primary Class 1 contributions have been paid or treated as paid on any part of a person’s earnings, subsection (1)(a) above shall have effect as if such contributions had been paid or treated as paid on so much of those earnings as did not exceed the upper earnings limit.

Commencement Information

I45Sch. 7 para. 59 in force at 6.4.1999 by S.I. 1999/418, art. 2(2)(3)(a)

60After subsection (5) of section 21 of that Act (contribution conditions) there shall be inserted the following subsection—

(5A)Where primary Class 1 contributions have been paid or treated as paid on any part of a person’s earnings, the following provisions, namely—

(a)subsection (5)(c) above;

(b)sections 22(1)(a) and (3)(a), 23(3)(a), 24(2)(a), 44(6)(a) and 45A(1)(a) below; and

(c)paragraphs 2(4)(a) and (5)(a), 4(2)(a), 5(2)(b) and (4)(a) and 7(4)(a) of Schedule 3 to this Act,

shall have effect as if such contributions had been paid or treated as paid on so much of the earnings as did not exceed the upper earnings limit.

Commencement Information

I46Sch. 7 para. 60 in force at 6.4.1999 by S.I. 1999/418, art. 2(2)(3)(a)

61In subsection (4) of section 22 of that Act (earnings factors), for the words “upon which” there shall be substituted the words “in respect of which”.

Commencement Information

I47Sch. 7 para. 61 in force at 6.4.1999 by S.I. 1999/418, art. 2(2)(3)(a)

62In subsection (2) of section 54 of that Act (Category A and Category B retirement pensions: supplemental provisions), for the words “Part II of the Administration Act” there shall be substituted the words “Chapter II of Part I of the Social Security Act 1998”.

Commencement Information

I48Sch. 7 para. 62 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

63In subsection (5)(c) of section 95 of that Act (relevant employments), after the words “the Administration Act” there shall be inserted the words “, or Chapter II of Part I of the Social Security Act 1998,”.

Commencement Information

I49Sch. 7 para. 63 in force at 5.7.1999 (immediately before the coming into force of Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), Sch. 7 para. 4) for specified purposes by S.I. 1999/1958, art. 2(1)(b)(2), Sch. 1 (with art. 5, Sch. 12)

64In subsection (1)(b) of section 97 of that Act (accidents in the course of illegal employments), for the words “section 44 of the Administration Act” there shall be substituted the words “section 29 of the Social Security Act 1998”.

Commencement Information

I50Sch. 7 para. 64 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)

65In subsection (2) of section 109 of that Act (general provisions relating to benefit under section 108)—

(a)in paragraph (a), for the words “or the Administration Act” there shall be substituted the words “, the Administration Act or Chapter II of Part I of the Social Security Act 1998”;

(b)in paragraph (b), for the words “and that Act” there shall be substituted the words “, that Act and that Chapter”;

(c)for the words “the Administration Act”, in the second place where they occur, there shall be substituted the words “that Act and that Chapter”; and

(d)after the words “section 1” there shall be inserted the words “of that Act”.

Commencement Information

I51Sch. 7 para. 65 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)

66In subsection (3) of section 113 of that Act (general provisions as to disqualification and suspension), for the words “or the Administration Act” there shall be substituted the words “, the Administration Act or Chapter II of Part I of the Social Security Act 1998”.

Commencement Information

I52Sch. 7 para. 66 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)

I53Sch. 7 para. 66 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I54Sch. 7 para. 66 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)

I55Sch. 7 para. 66 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)

67In subsection (2) of section 116 of that Act (Her Majesty’s forces), for the words “provision of Part II of the Administration Act which replaces” there shall be substituted the words “provisions of Chapter II of Part I of the Social Security Act 1998 which correspond to”.

Commencement Information

I56Sch. 7 para. 67 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)

I57Sch. 7 para. 67 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I58Sch. 7 para. 67 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)

I59Sch. 7 para. 67 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)

68In subsection (1) of section 117 of that Act (mariners, airmen etc.), for the words “provision of Part II of the Administration Act which replaces” there shall be substituted the words “provisions of Chapter II of Part I of the Social Security Act 1998 which correspond to”.

Commencement Information

I60Sch. 7 para. 68 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)

I61Sch. 7 para. 68 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I62Sch. 7 para. 68 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)

I63Sch. 7 para. 68 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)

69In section 119 of that Act (persons outside Great Britain), for the words “provision of Part II of the Administration Act which replaces” there shall be substituted the words “provisions of Chapter II of Part I of the Social Security Act 1998 which correspond to”.

Commencement Information

I64Sch. 7 para. 69 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)

I65Sch. 7 para. 69 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I66Sch. 7 para. 69 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)

I67Sch. 7 para. 69 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)

70In subsection (1) of section 120 of that Act (employment at sea: continental shelf operations), for the words “provision of Part II of the Administration Act which replaces” there shall be substituted the words “provisions of Chapter II of Part I of the Social Security Act 1998 which correspond to”.

Commencement Information

I68Sch. 7 para. 70 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)

I69Sch. 7 para. 70 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I70Sch. 7 para. 70 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)

I71Sch. 7 para. 70 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)

71In subsection (1) of section 122 of that Act (interpretation of Parts I to VI and supplementary provisions)—

(a)in the definition of “entitled”, for the words “and 68 of the Administration Act” there shall be substituted the words “of the Administration Act and section 27 of the Social Security Act 1998”;

(b)the definitions of “initial primary percentage” and “main primary percentage” shall cease to have effect;

(c)for the definitions of “lower earnings limit” and “upper earnings limit” there shall be substituted the following definitions—

“lower earnings limit”, “upper earnings limit” and “earnings threshold” are to be construed in accordance with subsection (1) of section 5 above, and references to the lower or upper earnings limit, or to the earnings threshold, of a tax year are to whatever is (or was) for that year the limit or threshold in force under that subsection;;

(d)after the definition of “Old Cases payments” there shall be inserted the following definition—

“PAYE settlement agreement” has the same meaning as in section 206A of the [1988 c. 1.] Income and Corporation Taxes Act 1988;; and

F30(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30Sch. 7 para. 71(e) repealed (with effect in relation to the tax year 2003-04 and subsequent tax years in accordance with s. 8(2) of the amending Act) by National Insurance Contributions Act 2002 (c. 19), Sch. 2

Commencement Information

I72Sch. 7 para. 71 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)

I73Sch. 7 para. 71 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)

I74Sch. 7 para. 71(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)

I75Sch. 7 para. 71(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)

I76Sch. 7 para. 71(b)(c)(e) in force at 6.4.1999 by S.I. 1999/418, art. 2(2)(3)(a)

I77Sch. 7 para. 71(d) in force at 8.9.1998 for specified purposes and 6.4.1999 in so far as not already in force by S.I. 1998/2209, art. 2(b)(c), Sch. Pts. II, III

72(1)For subsection (1) of section 139 of that Act (awards by social fund officers) there shall be substituted the following subsection—

(1)Whether a payment mentioned in section 138(1)(b) above is to be awarded, and how much it is to be, shall be determined by an appropriate officer, that is to say, an officer of the Secretary of State who, acting under his authority, is exercising functions of the Secretary of State in relation to payments so mentioned.

(2)In subsection (2) of that section, for the words “A social fund officer” there shall be substituted the words “An appropriate officer”.

(3)Subsection (3) of that section shall cease to have effect.

(4)In subsection (4) of that section, for the words “that is to be repayable” there shall be substituted the words “of a crisis loan or a budgeting loan”.

(5)In subsection (5) of that section, for the words “the social fund officer” there shall be substituted the words “the appropriate officer”.

Commencement Information

I78Sch. 7 para. 72 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)

I79Sch. 7 para. 72(3)(4) in force at 5.4.1999 by S.I. 1999/1055, art. 2(b) (with art. 3)

73(1)In subsection (1) of section 140 of that Act (principles of determination), for the words “a social fund officer” there shall be substituted the words “an appropriate officer”.

(2)In subsection (2) of that section, for the words “A social fund officer” there shall be substituted the words “An appropriate officer”.

(3)In subsection (3) of that section, for the words “a social fund officer or group of social fund officers” there shall be substituted the words “an appropriate officer or group of appropriate officers”.

(4)In subsection (4) of that section—

(a)for the words “a social fund officer”, in each place where they occur, there shall be substituted the words “an appropriate officer”; and

(b)for the words “social fund officers” there shall be substituted the words “appropriate officers”.

(5)In subsection (5) of that section—

(a)for the words “a social fund officer” there shall be substituted the words “an appropriate officer”; and

(b)for the words “the social fund officer nominated for his area under section 64 of the Administration Act” there shall be substituted the words “the appropriate officer nominated for his area under section 36 of the Social Security Act 1998”.

Commencement Information

I80Sch. 7 para. 73 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)

74In subsection (1) of section 163 of that Act (interpretation of Part XI), in the definition of “employer”, after the words “but for” there shall be inserted the words “the condition in”.

Commencement Information

I81Sch. 7 para. 74 in force at 6.4.1999 by S.I. 1999/418, art. 2(2)(3)(a)

75In subsection (1) of section 171 of that Act (interpretation of Part XII), in the definition of “employer”, after the words “but for” there shall be inserted the words “the condition in”.

Commencement Information

I82Sch. 7 para. 75 in force at 6.4.1999 by S.I. 1999/418, art. 2(2)(3)(a)

76In subsection (2) of section 171E of that Act (incapacity for work: disqualification etc.), for the words “Part II of the Administration Act” there shall be substituted the words “Chapter II of Part I of the Social Security Act 1998”.

Commencement Information

I83Sch. 7 para. 76 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

77(1)In the heading to Schedule 1 to that Act (supplementary provisions relating to contributions of Classes 1, 1A, 2 and 3), after “1A,” there shall be inserted “1B,”.

(2)For sub-paragraph (2) of paragraph 1 of that Schedule there shall be substituted the following sub-paragraph—

(2)Where earnings in respect of employments which include any contracted-out employment and any employment which is not a contracted-out employment are aggregated under sub-paragraph (1) above, then, except as may be provided by regulations—

(a)if the aggregated earnings exceed the current lower earnings limit, the amount of the primary Class 1 contribution in respect of the aggregated earnings shall be determined in accordance with sub-paragraph (3) below; and

(b)if the aggregated earnings exceed the current earnings threshold, the amount of the secondary Class 1 contribution in respect of the aggregated earnings shall be determined in accordance with sub-paragraph (6) below.

(3)In sub-paragraph (3) of that paragraph, immediately before the words “does not exceed”, in each place where they occur, there shall be inserted the words “exceeds the current lower earnings limit and”.

(4)In sub-paragraph (6) of that paragraph—

(a)in paragraph (a), for the words “the APPS earnings” there shall be substituted the words “such part of the APPS earnings as exceeds the earnings threshold”;

(b)in paragraphs (b) and (c), for the words “the part of the aggregated earnings attributable to such service” there shall be substituted the words “such part of the aggregated earnings attributable to such service as exceeds the earnings threshold”; and

(c)in paragraph (d), for the words “the remainder of the aggregated earnings” there shall be substituted the words “such part of the remainder of the aggregated earnings as exceeds the earnings threshold”.

(5)In sub-paragraph (1) of paragraph 3 of that Schedule, for the words “his own secondary contribution” there shall be substituted the words “any secondary contribution of his own”.

(6)For paragraph 5 of that Schedule there shall be substituted the following paragraph—

Class 1A contributions

5Regulations may—

(a)make provision for calculating the amount of Class 1A contributions so as to avoid fractional amounts;

(b)modify section 10 above in relation to cases where a car is made available by reason of two or more employed earner’s employments under different employers.

(7)After that paragraph there shall be inserted the following paragraph—

Class 1B contributions

5ARegulations may make provision for calculating the amount of Class 1B contributions so as to avoid fractional amounts.

(8)In sub-paragraph (1) of paragraph 6 of that Schedule, for paragraph (a) there shall be substituted the following paragraph—

(a)provide for Class 1, Class 1A, Class 1B or Class 2 contributions to be paid, accounted for and recovered in a similar manner to income tax in relation to which regulations under section 203 of the [1988 c. 1.] Income and Corporation Taxes Act 1988 (PAYE) have effect;.

(9)In sub-paragraph (2) of that paragraph—

(a)for the words “or Class 1A”, in each place where they occur, there shall be substituted the words “, Class 1A or Class 1B”; and

(b)in paragraph (b), the words “(being not less than one year after the end of the tax year in respect of which the sums are due)” shall cease to have effect.

F31(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)After that sub-paragraph there shall be inserted the following sub-paragraph—

(4A)Regulations under this paragraph shall not require the payment of interest on a sum due in respect of a Class 1B contribution if a relevant tax appeal has been brought but not finally determined; and “a relevant tax appeal” means an appeal against a determination as to the amount of income tax in respect of which the person liable to pay the Class 1B contribution is accountable in accordance with the relevant PAYE settlement agreement.

(12)In sub-paragraph (11)(a) of paragraph 7 of that Schedule, for the words “and Class 1A” there shall be substituted the words “, Class 1A and Class 1B”.

F32(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14)In paragraph (b) of sub-paragraph (1) of paragraph 8 of that Schedule, after the words “Class 1A” there shall be inserted the words “or Class 1B”.

(15)After paragraph (i) of that sub-paragraph there shall be inserted the following paragraph—

(ia)for the repayment, in prescribed cases, of the whole or a prescribed part of a Class 1B contribution;.

(16)In paragraph (l) of that sub-paragraph—

(a)in sub-paragraph (i), after the words “Class 1A contributions” there shall be inserted the words “or a Class 1B contribution”;

(b)in sub-paragraph (ii), after the words “Class 1 contributions” there shall be inserted the words “, a Class 1B contribution”;

(c)after that sub-paragraph there shall be inserted the following sub-paragraph—

(iia)the whole or part of any payment of a Class 1B contribution to be treated as a payment of secondary Class 1 contributions, Class 1A contributions or Class 2 contributions;; and

(d)in sub-paragraph (iii), for the words “or Class 1A contributions” there shall be substituted the words , Class 1A contributions or a Class 1B contribution

Textual Amendments

Commencement Information

I84Sch. 7 para. 77(1) in force at 6.4.1999 by S.I. 1998/2209, art. 2(c), Sch. Pt. III

I85Sch. 7 para. 77(2)-(5) in force at 6.4.1999 by S.I. 1999/418, art. 2(2)(3)(a)

I86Sch. 7 para. 77(6) in force at 8.9.1998 by S.I. 1998/2209, art. 2(a), Sch. Pt. I

I87Sch. 7 para. 77(7)-(9)(11)(14)-(16) in force at 8.9.1998 for specified purposes and 6.4.1999 in so far as not already in force by S.I. 1998/2209, art. 2(b)(c), Sch. Pts. II, III

I88Sch. 7 para. 77(12) in force at 6.4.1999 by S.I. 1998/2209, art. 2(c), Sch. Pt. III

Social Security Administration Act 1992 (c. 5)

F3378. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33Sch. 7 para. 78 repealed (24.4.2000 for specified purposes, 9.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 13 Pt. V; S.I. 2000/1047, art. 2(2)(a), Sch. Pt. 1

79(1)In subsection (1) of section 5 of that Act (regulations about claims for and payments of benefit)—

(a)for paragraph (e) there shall be substituted the following paragraph—

(e)for any such award to be revised under section 9 of the Social Security Act 1998, or superseded under section 10 of that Act, if any of those requirements are found not to have been satisfied;; and

(b)paragraphs (n) and (o) shall cease to have effect.

(2)Subsection (4) of that section shall cease to have effect.

Commencement Information

I89Sch. 7 para. 79(1) 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)

I90Sch. 7 para. 79(1) in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I91Sch. 7 para. 79(1) in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I92Sch. 7 para. 79(1) 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)

I93Sch. 7 para. 79(1) 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)

I94Sch. 7 para. 79(1)(b) in force at 2.7.2001 for specified purposes by S.I. 2001/2316, art. 2(b)

I95Sch. 7 para. 79(2) in force at 2.7.2001 by S.I. 2001/2316, art. 2(a)

80In subsection (1) of section 6 of that Act (regulations about council tax benefit administration), paragraphs (n) and (o) shall cease to have effect.

Commencement Information

I96Sch. 7 para. 80 in force at 2.7.2001 by S.I. 2001/2316, art. 2(a)

81(1)In subsection (2) of section 71 of that Act (overpayments: general), after the word “shall” there shall be inserted the words “in the case of the Secretary of State or a tribunal, and may in the case of a Commissioner or a court”.

F34(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (5A) of that section, for the words “revised on a review” there shall be substituted the words “has been revised under section 9 or superseded under section 10 of the Social Security Act 1998”.

Textual Amendments

F34Sch. 7 para. 81(2) repealed (3.7.2007) by Welfare Reform Act 2007 (c. 5), s. 70(1), Sch. 8

Commencement Information

I97Sch. 7 para. 81 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)

I98Sch. 7 para. 81 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I99Sch. 7 para. 81 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I100Sch. 7 para. 81 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)

I101Sch. 7 para. 81 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)

82In subsection (1) of section 71A of that Act (recovery of jobseeker’s allowance: severe hardship cases)—

(a)for the words “an adjudication officer”, in both places where they occur, there shall be substituted the words “the Secretary of State”; and

(b)for the words “the Secretary of State” there shall be substituted the word “he”.

Commencement Information

I102Sch. 7 para. 82 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)

83In section 116 of that Act (legal proceedings), subsection (6) shall cease to have effect.

Commencement Information

I103Sch. 7 para. 83 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)

84For section 117 of that Act there shall be substituted the following section—

117Issues arising in proceedings

(1)This section applies to proceedings before a court—

(a)for an offence under this Act or the [1995 c. 18.] Jobseekers Act 1995; or

(b)involving any question as to the payment of contributions (other than a Class 4 contribution recoverable by the Inland Revenue); or

(c)for the recovery of any sums due to the Secretary of State or the National Insurance Fund.

(2)A decision of the Secretary of State which—

(a)falls within Part II of Schedule 3 to the Social Security Act 1998 (“the 1998 Act”); and

(b)relates to or affects an issue arising in the proceedings,

shall be conclusive for the purposes of the proceedings.

(3)If—

(a)any such decision is necessary for the determination of the proceedings; and

(b)the decision of the Secretary of State has not been obtained or an application with respect to the decision has been made under section 9 or 10 of the 1998 Act,

the decision shall be referred to the Secretary of State to be made in accordance (subject to any necessary modifications) with Chapter II of Part I of that Act.

(4)Subsection (2) above does not apply where, in relation to the decision—

(a)an appeal has been brought but not determined;

(b)an application for leave to appeal has been made but not determined;

(c)an appeal has not been brought (or, as the case may be, an application for leave to appeal has not been made) but the time for doing so has not yet expired; or

(d)an application has been made under section 9 or 10 of the 1998 Act.

(5)In a case falling within subsection (4) above the court shall adjourn the proceedings until such time as the final decision is known; and that decision shall be conclusive for the purposes of the proceedings.

Commencement Information

I104Sch. 7 para. 84 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)

I105Sch. 7 para. 84 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)

85Subsection (2) of section 119 of that Act (recovery of unpaid contributions on prosecution) shall cease to have effect.

Commencement Information

I106Sch. 7 para. 85 in force at 6.4.1999 by S.I. 1999/526, art. 2(3)(4)(b)

86(1)In subsection (1) of section 120 of that Act (proof of previous offences), the words “or (2)(a)” shall cease to have effect.

(2)In subsection (3) of that section—

(a)after the words “Class 1A” there shall be inserted the words “or Class 1B”; and

(b)for the words “2 years” there shall be substituted the words “6 years”.

(3)In subsection (4) of that section—

(a)after the words “Class 1” there shall be inserted the words “or Class 1B”; and

(b)for the words “2 years” there shall be substituted the words “6 years”.

(4)After that subsection there shall be inserted the following subsection—

(4A)If the offence is one of failure to pay a Class 1B contribution, evidence may be given of failure on his part to pay such contributions, or any Class 1 or Class 1A contributions or contributions equivalent premiums, on the date of the offence, or during the 6 years preceding that date.

(5)In subsection (5) of that section—

(a)paragraph (b) and the word “or” immediately preceding that paragraph shall cease to have effect; and

(b)for the words “2 years” there shall be substituted the words “6 years”.

(6)In subsection (6) of that section, after the word “(4),” there shall be inserted the word “(4A)”.

Commencement Information

I107Sch. 7 para. 86(1)(2)(b)(3)(b)(5) in force at 6.4.1999 by S.I. 1999/526, art. 2(3)(4)(b)

I108Sch. 7 para. 86(2)(a)(3)(a)(4)(6) in force at 6.4.1999 by S.I. 1998/2209, art. 2(c), Sch. Pt. III

87In subsections (1) and (2) of section 121 of that Act (unpaid contributions: supplementary), the words “or (2)(a)” shall cease to have effect.

Commencement Information

I109Sch. 7 para. 87 in force at 6.4.1999 by S.I. 1999/526, art. 2(3)(4)(b)

88In subsection (6A) of section 123 of that Act (unauthorised disclosure of information relating to particular persons), for the words “section 54 above” there shall be substituted the words “section 19 of the Social Security Act 1998”.

Commencement Information

I110Sch. 7 para. 88 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)

I111Sch. 7 para. 88 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I112Sch. 7 para. 88 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I113Sch. 7 para. 88 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)

I114Sch. 7 para. 88 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)

89In subsection (1) of section 125 of that Act (regulations as to notification of deaths), after the words “the Social Security (Recovery of Benefits) Act 1997” there shall be inserted the words “, the Social Security Act 1998”.

Commencement Information

I115Sch. 7 para. 89 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)

I116Sch. 7 para. 89 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I117Sch. 7 para. 89 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I118Sch. 7 para. 89 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)

I119Sch. 7 para. 89 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)

90(1)In subsection (1) of section 143 of that Act (power to alter contributions with a view to adjusting level of National Insurance Fund), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

(a)the percentage rate specified as the primary percentage in section 8(2);

(b)the percentage rate specified as the secondary percentage in section 9(2);.

(2)In subsection (4) of that section, for paragraph (a) there shall be substituted the following paragraph—

(a)to increase for any tax year the primary percentage, or the secondary percentage, to a percentage rate more than 0.25 per cent higher than that applicable at the end of the preceding tax year;.

Commencement Information

I120Sch. 7 para. 90 in force at 6.4.1999 by S.I. 1999/418, art. 2(2)(3)(a)

F3591. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

92For subsections (1) to (3) of section 145 of that Act (power to alter primary and secondary contributions) there shall be substituted the following subsections—

(1)For the purpose of adjusting amounts payable by way of primary Class 1 contributions, the Secretary of State may at any time make an order altering the percentage rate specified as the primary percentage in section 8(2) of the Contributions and Benefits Act.

(2)For the purpose of adjusting amounts payable by way of secondary Class 1 contributions, the Secretary of State may at any time make an order altering the percentage rate specified as the secondary percentage in section 9(2) of the Contributions and Benefits Act.

(3)No order shall be made under this section so as to increase for any tax year the primary percentage, or the secondary percentage, to a percentage rate more than 0.25 per cent higher than that applicable at the end of the preceding tax year.

Commencement Information

I121Sch. 7 para. 92 in force at 6.4.1999 by S.I. 1999/418, art. 2(2)(3)(a)

93Section 146 of that Act (power to alter number of secondary earnings brackets) shall cease to have effect.

Commencement Information

I122Sch. 7 para. 93 in force at 6.4.1999 by S.I. 1999/418, art. 2(2)(3)(a)

94In subsections (1), (2) and (3) of section 147 of that Act (orders under sections 145 and 146: supplementary), the words “or 146” shall cease to have effect.

Commencement Information

I123Sch. 7 para. 94 in force at 6.4.1999 by S.I. 1999/418, art. 2(2)(3)(a)

95In subsection (2) of section 159 of that Act (effect of alteration in the component rates of income support), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.

Commencement Information

I124Sch. 7 para. 95 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)

96In subsection (3) of section 159A of that Act (effect of alteration of rates of a jobseeker’s allowance), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.

Commencement Information

I125Sch. 7 para. 96 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)

97In subsection (2) of section 160 of that Act (implementation of increases in income support due to attainment of particular ages), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.

Commencement Information

I126Sch. 7 para. 97 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)

98In subsection (2) of section 160A of that Act (implementation of increases in income-based jobseeker’s allowance due to attainment of particular ages), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.

Commencement Information

I127Sch. 7 para. 98 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)

99(1)After subsection (2) of section 162 of that Act (destination of contributions) there shall be inserted the following subsection—

(2A)References in subsections (1) and (2) above to contributions include references to payments on account of contributions made in accordance with regulations under section 3(5) of the Contributions and Benefits Act (payments on account of directors' contributions).

(2)After subsection (4) of that section there shall be inserted the following subsection—

(4A)The sums recovered by the Secretary of State under regulations made under paragraph 7A, 7B or 7C of Schedule 1 to the Contributions and Benefits Act in respect of interest or penalties shall be paid into the National Insurance Fund.

(3)In subsection (5)(b) of that section, for the words “those contributions” there shall be substituted the words “primary Class 1 contributions”.

(4)In subsection (8)(b) of that section, after the words “paragraph (c)” there shall be inserted the words “or (ca)”.

Commencement Information

I128Sch. 7 para. 99(1) in force at 8.9.1998 by S.I. 1998/2209, art. 2(a), Sch. Pt. I

I129Sch. 7 para. 99(2) in force at 6.4.1999 by S.I. 1999/526, art. 2(3)(4)(b)

I130Sch. 7 para. 99(3) in force at 6.4.1999 by S.I. 1999/418, art. 2(2)(3)(a)

I131Sch. 7 para. 99(4) in force at 8.9.1998 for specified purposes and 6.4.1999 in so far as not already in force by S.I. 1998/2209, art. 2(b)(c), Sch. Pts. II, III

100(1)In subsection (4) of section 163 of that Act (general financial arrangements), after the words “Class 1A” there shall be inserted the words “or 1B”.

(2)In subsection (5) of that section, after the words “paragraph 6”, in the first place where they occur, there shall be inserted the words “or 7B”.

Commencement Information

I132Sch. 7 para. 100(1) in force at 6.4.1999 by S.I. 1998/2209, art. 2(c), Sch. Pt. III

I133Sch. 7 para. 100(2) in force at 6.4.1999 by S.I. 1999/526, art. 2(3)(4)(b)

101In section 164 of that Act (destination of payments etc.), subsection (5)(a) shall cease to have effect.

Commencement Information

I134Sch. 7 para. 101 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with arts. 3, 5, Sch. 12)

I135Sch. 7 para. 101 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)

102(1)In subsection (1) of section 166 of that Act (financial review and report), in paragraph (d), for the words “so far as it relates” there shall be substituted the words “and Chapter II of Part I of the Social Security Act 1998 so far as they relate”.

(2)In subsection (2) of that section, in paragraph (c), for the words “so far as it relates” there shall be substituted the words “and Chapter II of Part I of the Social Security Act 1998 so far as they relate”.

Commencement Information

I136Sch. 7 para. 102 in force at 5.7.1999 (immediately before the coming into force of Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), Sch. 7 para. 14) for specified purposes by S.I. 1999/1958, art. 2(1)(b)(2), Sch. 1 (with art. 5, Sch. 12)

I137Sch. 7 para. 102 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I138Sch. 7 para. 102 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)

I139Sch. 7 para. 102 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)

103(1)In subsection (3)(a) of section 168 of that Act (allocations from social fund), for the words “a particular social fund officer or group of social fund officers” there shall be substituted the words “a particular appropriate officer or group of appropriate officers”.

(2)In subsection (5) of that section, for the words “social fund officers”, in each place where they occur, there shall be substituted the words “appropriate officers”.

(3)After that subsection there shall be inserted the following subsection—

(6)In this section “appropriate officer” means an officer of the Secretary of State who, acting under his authority, is exercising functions of the Secretary of State in relation to payments from the social fund such as are mentioned in section 138(1)(b) of the Contributions and Benefits Act.

Commencement Information

I140Sch. 7 para. 103 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)

104In subsection (5) of section 170 of that Act (the Social Security Advisory Committee)—

(a)in the definition of “the relevant enactments”, after paragraph (ac) there shall be inserted the following paragraph—

(ad)the provisions of Chapter II of Part I of the Social Security Act 1998 and section 72 of that Act;; and

(b)in the definition of “the relevant Northern Ireland enactments”, after paragraph (ac) there shall be inserted the following paragraph—

(ad)any provisions in Northern Ireland which correspond to provisions of Chapter II of Part I of the Social Security Act 1998 and section 72 of that Act;.

Commencement Information

I141Sch. 7 para. 104 in force at 4.3.1999 by S.I. 1999/528, art. 2(b)

105In subsection (5) of section 177 of that Act (co-ordination with Northern Ireland)—

(a)in paragraph (a), after the words “Jobseekers Act 1995” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”; and

(b)in paragraph (b), after the words “Jobseekers Act 1995” there shall be inserted the words “, any enactment in Northern Ireland corresponding to Chapter II of Part I of the Social Security Act 1998”.

Commencement Information

I142Sch. 7 para. 105 in force at 5.7.1999 by S.I. 1999/1958, art. 2(1)(a) (with art. 5, Sch. 12)

106(1)In subsection (1) of section 178 of that Act (reciprocal arrangements with Northern Ireland: income-related benefits and child benefit), after the words “Jobseekers Act 1995” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”.

(2)In subsection (3) of that section, after the words “Jobseekers Act 1995”, in each place where they occur, there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”.

Commencement Information

I143Sch. 7 para. 106 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)

I144Sch. 7 para. 106 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I145Sch. 7 para. 106 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)

I146Sch. 7 para. 106 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)

107(1)In subsection (3)(a) of section 179 of that Act (reciprocal agreements with countries outside the United Kingdom), after the words “Jobseekers Act 1995” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”.

(2)After subsection (4)(aa) of that section there shall be inserted the following paragraph—

(ab)to Chapter II of Part I of the Social Security Act 1998; and.

Commencement Information

I147Sch. 7 para. 107 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)

I148Sch. 7 para. 107 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I149Sch. 7 para. 107 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I150Sch. 7 para. 107 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)

I151Sch. 7 para. 107 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)

108In section 180 of that Act (payment of travelling expenses by Secretary of State)—

(a)in paragraph (a), after the words “the Social Security (Recovery of Benefits) Act 1997” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”; and

(b)in paragraph (b)(i), after the words “the Social Security (Recovery of Benefits) Act 1997” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”.

Commencement Information

I152Sch. 7 para. 108 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)

I153Sch. 7 para. 108 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I154Sch. 7 para. 108 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I155Sch. 7 para. 108 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)

I156Sch. 7 para. 108 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)

109In section 189 of that Act (regulations and orders: general), the following shall cease to have effect, namely—

(a)in subsection (1), the words “subsection (2) below and to”;

(b)subsection (2);

(c)in subsection (4), the words “24 or”;

(d)in subsection (5), the words “(other than the power conferred by section 24 above)”;

(e)in subsection (6), the word “24,”; and

(f)subsection (10).

Commencement Information

I157Sch. 7 para. 109 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I158Sch. 7 para. 109 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I159Sch. 7 para. 109 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)

I160Sch. 7 para. 109 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)

110(1)In subsection (1)(a) of section 190 of that Act (instruments containing provisions under certain provisions to be subject to the affirmative Parliamentary procedure)—

F36(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)“146,” shall cease to have effect.

(2)Subsection (4) of that section shall cease to have effect.

Textual Amendments

Commencement Information

I161Sch. 7 para. 110 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)

I162Sch. 7 para. 110(1)(b) in force at 6.4.1999 by S.I. 1999/418, art. 2(2)(3)(a)

111In section 191 of that Act (interpretation)—

(a)the definitions of “Commissioner”, “the disablement questions”, “5 year general qualification”, “President” and “10 year general qualification” shall cease to have effect; and

(b)in the definition of “claimant” (in relation to industrial injuries benefit), for the words “section 44 above” there shall be substituted the words “section 29 of the Social Security Act 1998”.

Commencement Information

I163Sch. 7 para. 111 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)

I164Sch. 7 para. 111(b) 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)

112In subsection (5) of section 192 of that Act (short title, commencement and extent), the words “section 24;” shall cease to have effect.

Commencement Information

I165Sch. 7 para. 112 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I166Sch. 7 para. 112 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I167Sch. 7 para. 112 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)

113In Part I of Schedule 4 to that Act (persons employed in social security administration or adjudication)—

(a)the entry headed “Adjudication officers” shall cease to have effect;

F37(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in the entry headed “The Social Fund”, the words “A social fund officer” shall cease to have effect; and

(d)at the end of the entry headed “Former officers” there shall be inserted the words—

A Chief Adjudication Officer.

An adjudication officer.

A social fund officer.

A clerk to, or other officer or member of the staff of, the former social security appeal tribunal, the former disability appeal tribunal or the former medical appeal tribunal.

Textual Amendments

Commencement Information

I168Sch. 7 para. 113 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)

114(1)In Part I of Schedule 7 to that Act (regulations not requiring prior submission to Social Security Advisory Committee), in paragraph 3(a), for the words “section 141, 143 or 145 above” there shall be substituted the words “section 141, 143, 143A or 145 above”.

(2)In Part II of that Schedule (regulations not requiring prior submission to Industrial Injuries Advisory Council), in paragraph 12, for the words “section 141, 143 or 150 above” there shall be substituted the words “section 141, 143, 143A or 150 above”.

Commencement Information

I169Sch. 7 para. 114 in force at 8.9.1998 for specified purposes and 6.4.1999 in so far as not already in force by S.I. 1998/2209, art. 2(b)(c), Sch. Pts. II, III

115In paragraph 1(6) of Schedule 9 to that Act (old cases payments administration), after the words “this Act” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”.

Commencement Information

I170Sch. 7 para. 115 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)

116(1)In sub-paragraph (1) of paragraph 3 of Schedule 10 to that Act (supplementary benefit), for the words “Sections 20 to 29, 36 to 43, 51 to 61” there shall be substituted the words “Sections 8 to 18, 29 to 31 and 39 of the Social Security Act 1998”.

(2)In sub-paragraph (2) of that paragraph, for the words “section 59 above” there shall be substituted the words “section 16 of the Social Security Act 1998”.

Commencement Information

I171Sch. 7 para. 116 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)

Local Government Finance Act 1992 (c. 14)

117In sub-paragraph (2)(a) of paragraph 6 of Schedule 4 to the Local Government Finance Act 1992 (recovery of council tax etc. by deductions from income support or jobseeker’s allowance), for the words “appeals and reviews” there shall be substituted the words “appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act”.

Commencement Information

I172Sch. 7 para. 117 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)

I173Sch. 7 para. 117 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)

Tribunals and Inquiries Act 1992 (c. 53)

118(1)In subsection (3) of section 6 of the Tribunals and Inquiries Act 1992 (appointment of chairmen of certain tribunals), for the words “paragraph 7, 38(a), 41(a), (b), (c) or (e) or 43” there shall be substituted the words “paragraph 7(b) or 38(a)”.

(2)Subsection (4) of that section shall cease to have effect.

Commencement Information

I174Sch. 7 para. 118 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)

I175Sch. 7 para. 118(1) in force at 1.6.1999 for specified purposes by S.I. 1999/1510, art. 2(g)(vi) (with arts. 48-51)

I176Sch. 7 para. 118(1)(2) 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)

119In subsection (2) of section 7 of that Act (concurrence required for removal of members of certain tribunals), for “43, 48 or 56(a)” there shall be substituted “48 or 56(a)”.

Commencement Information

I177Sch. 7 para. 119 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)

120In subsection (5) of section 13 of that Act (power to apply Act to additional tribunals and to repeal or amend certain provisions)—

(a)in paragraph (a), for “35(a) and (d)” there shall be substituted “35(d)”; and

(b)paragraph (b) shall cease to have effect.

Commencement Information

I178Sch. 7 para. 120(b) 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)

121(1)In paragraph 7 of Schedule 1 to that Act (tribunals under direct supervision of Council)—

(a)for sub-paragraph (a) there shall be substituted the following sub-paragraph—

(a)Appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 (c. 14); and

(b)in sub-paragraph (b), for the words “that Act” there shall be substituted the words “the Child Support Act 1991 (c. 48)”.

(2)In paragraph 41 of that Schedule—

(a)for sub-paragraph (a) there shall be substituted the following sub-paragraph—

(a)Appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 (c. 14);

(b)sub-paragraphs (b), (c) and (e) shall cease to have effect; and

(c)in sub-paragraph (d), for the words “section 52 of that Act” there shall be substituted the words “Schedule 4 to the Social Security Act 1998 (c. 14)”.

Commencement Information

I179Sch. 7 para. 121 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I180Sch. 7 para. 121(1) in force at 1.6.1999 in so far as not already in force by S.I. 1999/1510, art. 2(g)(vii) (with arts. 48-51)

I181Sch. 7 para. 121(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)

I182Sch. 7 para. 121(2)(a)(c) in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I183Sch. 7 para. 121(2)(a)(c) in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I184Sch. 7 para. 121(2)(a)(b) 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)

122(1)Paragraph 3 of Schedule 2 to that Act (transitory provisions) shall cease to have effect.

(2)In paragraph 4 of that Schedule—

(a)in sub-paragraph (a), for the words “1(a), 2(a) or 3(a)” there shall be substituted the words “1(a) or 2(a)”; and

(b)in sub-paragraph (b), for the words “1(b), 2(b) or 3(b)” there shall be substituted the words “1(b) or 2(b)” and for the words “1(a), 2(a) or 3(a)” there shall be substituted the words “1(a) or 2(a)”.

Commencement Information

I185Sch. 7 para. 122 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(vii) (with arts. 48-51)

Judicial Pensions and Retirement Act 1993 (c. 8)

123(1)In Part II of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (other appointments)—

(a)in the entry relating to the Chief or other Social Security Commissioner, for the words “section 52(2) of the Social Security Administration Act 1992” there shall be substituted the words “paragraph 1(2) of Schedule 4 to the Social Security Act 1998”; and

(b)for the entry relating to the President of social security appeal tribunals, medical appeal tribunals, disability appeal tribunals and child support appeal tribunals there shall be substituted the following entry—

President of appeal tribunals (within the meaning of Chapter I of Part I of the Social Security Act 1998), appointed under section 5 of that Act.

(2)In that Part of that Schedule, the following entries shall cease to have effect, namely—

Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals; and

Chairman of child support appeal tribunals.

Commencement Information

I186Sch. 7 para. 123 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)

I187Sch. 7 para. 123(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)

I188Sch. 7 para. 123(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)

I189Sch. 7 para. 123(1)(b) in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(vii) (with arts. 48-51)

I190Sch. 7 para. 123(2) in force at 1.6.1999 for specified purposes by S.I. 1999/1510, art. 2(g)(viii) (with arts. 48-51)

I191Sch. 7 para. 123(2) 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)

124(1)In Schedule 5 to that Act (retirement provisions: the relevant offices)—

(a)in the entry relating to the Chief or other Social Security Commissioner, for the words “section 52(2) of the Social Security Administration Act 1992” there shall be substituted the words “paragraph 1(2) of Schedule 4 to the Social Security Act 1998”; and

(b)for the entry relating to the President of social security appeal tribunals, medical appeal tribunals, disability appeal tribunals and child support appeal tribunals there shall be substituted the following entry—

President of appeal tribunals (within the meaning of Chapter I of Part I of the Social Security Act 1998) appointed under section 5 of that Act.

(2)In that Schedule, the following entries shall cease to have effect, namely—

Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals;

Chairman of child support appeal tribunals; and

Chairman of vaccine damage tribunals.

Commencement Information

I192Sch. 7 para. 124 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)

I193Sch. 7 para. 124(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)

I194Sch. 7 para. 124(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)

I195Sch. 7 para. 124(1)(b) in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(vii) (with arts. 48-51)

I196Sch. 7 para. 124(2) in force at 1.6.1999 for specified purposes by S.I. 1999/1510, art. 2(g)(viii) (with arts. 48-51)

I197Sch. 7 para. 124(2) 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)

125In paragraph 5(5) of Schedule 7 to that Act (ascertainment of potential retirement date), sub-paragraphs (iii) and (iv) shall cease to have effect.

Commencement Information

I198Sch. 7 para. 125 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)

Pension Schemes Act 1993 (c. 48)

F38126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38Sch. 7 para. 126 repealed (6.4.2012 being "the abolition date" for the purposes of s. 15(1) of the amending Act) by Pensions Act 2007 (c. 22), s. 27(6), Sch. 7 Pt. 6 (with Sch. 4 Pt. 3); S.I. 2011/1267, art. 2(a)

127For subsections (1) and (1A) of section 41 of that Act (reduced rates of Class 1 contributions) there shall be substituted the following subsections—

(1)Subsections (1A) to (1C) apply where—

(a)the earnings paid to or for the benefit of an earner in any tax week are in respect of an employment which is contracted-out employment at the time of the payment, and

(b)the earner’s service in the employment is service which qualifies him for a pension provided by a salary related contracted-out scheme;

and in subsections (1A) and (1B) “the relevant part”, in relation to those earnings, means so much of those earnings as exceeds the current lower earnings limit but not the current upper earnings limit for that week (or the prescribed equivalents if the earner is paid otherwise than weekly).

(1A)The amount of the primary Class 1 contribution in respect of the relevant part of those earnings (“amount A”) shall be reduced by an amount equal to 1.6 per cent of that part.

(1B)The amount of any secondary Class 1 contribution in respect of the earnings (“amount B”) shall be reduced by an amount equal to 3 per cent of the relevant part of those earnings (“amount C”).

(1C)Where amount C exceeds amount B, the excess shall be set off against the amount which the secondary contributor is liable to pay (under paragraph 3 of Schedule 1 to the [1992 c. 4.] Social Security Contributions and Benefits Act 1992) in respect of amount A.

Commencement Information

I199Sch. 7 para. 127 in force at 6.4.1999 by S.I. 1999/418, art. 2(2)(3)(a)

128For subsections (1) and (2) of section 42A of that Act (reduced rates of Class 1 contributions, and rebates) there shall be substituted the following subsections—

(1)Subsections (2) to (3) apply where—

(a)the earnings paid to or for the benefit of an earner in any tax week are in respect of an employment which is contracted-out employment at the time of the payment, and

(b)the earner’s service in the employment is service which qualifies him for a pension provided by a money purchase contracted-out scheme;

and in subsections (2) and (2A) “the relevant part”, in relation to those earnings, means so much of those earnings as exceeds the current lower earnings limit but not the current upper earnings limit for that week (or the prescribed equivalents if the earner is paid otherwise than weekly).

(2)The amount of the primary Class 1 contribution in respect of the relevant part of those earnings (“amount A”) shall be reduced by an amount equal to the appropriate flat-rate percentage of that part.

(2A)The amount of any secondary Class 1 contribution in respect of the earnings (“amount B”) shall be reduced by an amount equal to the appropriate flat-rate percentage of the relevant part of those earnings (“amount C”).

(2B)Where amount C exceeds amount B, the excess shall be set off against the amount which the secondary contributor is liable to pay (under paragraph 3 of Schedule 1 to the [1992 c. 4.] Social Security Contributions and Benefits Act 1992) in respect of amount A.

Commencement Information

I200Sch. 7 para. 128 in force at 6.4.1999 by S.I. 1999/418, art. 2(2)(3)(a)

129In subsection (6)(c) of section 158 of that Act (disclosure of information between government departments etc.), for the words “sections 17 to 62 of the Social Security Administration Act 1992” there shall be substituted the words “Chapter II of Part I of the Social Security Act 1998”.

Commencement Information

I201Sch. 7 para. 129 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)

I202Sch. 7 para. 129 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)

130[F39(1)In subsection (3) of section 167 of that Act (application of general provisions relating to administration of social security), for the words “Section 58 of that Act (regulations as to determination of questions and matters arising out of, or pending, reviews and appeals)” there shall be substituted the words “Section 11 of the Social Security Act 1998 (regulations with respect to decisions)”.

(2)Subsection (4) of that section shall cease to have effect.]

Textual Amendments

F39Sch. 7 para. 130 repealed (5.7.1999 in relation to the repeal of Sch. 7 para. 130(1)) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 10 Pt. I (with Sch. 8); S.I. 1999/1662, art. 2(b), Sch. Pt. 2 (with art. 4)

Commencement Information

I203Sch. 7 para. 130(2) 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)

131For section 170 of that Act there shall be substituted the following section—

170Decisions and appeals

(1)Section 2 (use of computers) of the Social Security Act 1998 (“the 1998 Act”) applies as if, for the purposes of subsection (1) of that section, this Act were a relevant enactment.

(2)Sections 8, 9 and 10 of the 1998 Act (decisions by the Secretary of State, revision of decisions and decisions superseding earlier decisions) apply as if, for the purposes of section 8(1)(c) of that Act, this Act were a relevant enactment.

(3)Regulations may make provision—

(a)with respect to the procedure to be adopted on any application made under section 9 or 10 of the 1998 Act by virtue of subsection (2); and

(b)generally with respect to such applications, and revisions under section 9 and decisions under section 10,

but may not prevent such a revision or decision being made without such an application.

(4)Section 12 of the 1998 Act (appeal to appeal tribunal) applies as if, for the purposes of subsection (1)(b) of that section, any decision of the Secretary of State falling to be made under this Act were a decision falling within Schedule 3 to that Act.

Commencement Information

I204Sch. 7 para. 131 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I205Sch. 7 para. 131 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)

F40132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Jobseekers Act 1995 (c. 18)

133After subsection (3) of section 2 of the Jobseekers Act (the contribution-based conditions) there shall be inserted the following subsection—

(3A)Where primary Class 1 contributions have been paid or treated as paid on any part of a person’s earnings, subsections (2)(b) and (3) above shall have effect as if such contributions had been paid or treated as paid on so much of the earnings as did not exceed the upper earnings limit.

Commencement Information

I206Sch. 7 para. 133 in force at 6.4.1999 by S.I. 1999/418, art. 2(2)(3)(a)

134[F41(1)In subsection (6) of section 6 of that Act (availability for employment)—

(a)the words “(“the first determination”)” shall cease to have effect; and

(b)for the words “on a review of the first determination” there shall be substituted the words “under section 9 or 10 of the Social Security Act 1998”.

(2)In subsection (8) of that section, for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.]

Textual Amendments

F41Sch. 7 para. 134 repealed (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 4; S.I. 2013/983, art. 7(1)(e) (with art. 7(2)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)

Commencement Information

I207Sch. 7 para. 134 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)

135[F42In subsection (7) of section 7 of that Act (actively seeking employment)—

(a)the words “(“the first determination”)” shall cease to have effect; and

(b)for the words “on a review of the first determination” there shall be substituted the words “under section 9 or 10 of the Social Security Act 1998”.]

Textual Amendments

F42Sch. 7 para. 135 repealed (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 4; S.I. 2013/983, art. 7(1)(e) (with art. 7(2)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)

Commencement Information

I208Sch. 7 para. 135 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)

136(1)In subsection (6) of section 9 of that Act (the jobseeker’s agreement), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.

(2)In subsection (7) of that section—

(a)for the words “An adjudication officer to whom a reference is made under subsection (6)” there shall be substituted the words “On a reference under subsection (6) the Secretary of State”; and

(b)for the words “the adjudication officer” there shall be substituted the words “the Secretary of State”.

(3)In subsection (8) of that section, for the words “an adjudication officer”, in each place where they occur, there shall be substituted the words “the Secretary of State”.

(4)Subsection (9) of that section shall cease to have effect.

Commencement Information

I209Sch. 7 paras. 136-146 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)

137(1)In subsection (5) of section 10 of that Act (variation of jobseeker’s agreement), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.

(2)In subsection (6) of that section, for the words “An adjudication officer to whom a reference is made under subsection (5)” there shall be substituted the words “On a reference under subsection (5) the Secretary of State”.

(3)In subsection (7) of that section, for the words “an adjudication officer”, in each place where they occur, there shall be substituted the words “the Secretary of State”.

(4)Subsection (8) of that section shall cease to have effect.

Commencement Information

I210Sch. 7 paras. 136-146 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)

138Section 11 of that Act (jobseeker’s agreement: reviews and appeals) shall cease to have effect.

Commencement Information

I211Sch. 7 paras. 136-146 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)

139(1)In subsection (3) of section 16 of that Act (severe hardship), for paragraph (b) there shall be substituted the following paragraph—

(b)it appears to him that the person concerned has, without good cause—

(i)neglected to avail himself of a reasonable opportunity of a place on a training scheme; or

(ii)after a place on such a scheme has been notified to him by an employment officer as vacant or about to become vacant, refused or failed to apply for it or to accept it when offered to him; or.

(2)For subsection (4) of that section there shall be substituted the following subsection—

(4)In this section—

  • “employment officer” means an officer of the Secretary of State or such other person as may be designated for the purposes of this section by an order made by the Secretary of State;

  • “period” includes—

    (a)

    a period of a determinate length;

    (b)

    a period defined by reference to the happening of a future event; and

    (c)

    a period of a determinate length but subject to earlier determination upon the happening of a future event;

  • “training scheme” has such meaning as may be prescribed.

Commencement Information

I212Sch. 7 paras. 136-146 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)

140(1)In subsection (2) of section 17 of that Act (reduced payments), for the word “either” there shall be substituted the word “any”.

(2)In subsection (3) of that section, for paragraph (b) there shall be substituted the following paragraphs—

(b)he has given up a place on a training scheme, or failed to attend such a scheme on which he has been given a place, and no certificate has been issued to him under subsection (4);

(c)he has lost his place on such a scheme through misconduct.

(3)For subsections (4) and (5) of that section there shall be substituted the following subsections—

(4)Where a young person who has given up a place on a training scheme, or failed to attend such a scheme on which he has been given a place—

(a)claims that there was good cause for his doing so; and

(b)applies to the Secretary of State for a certificate under this subsection,

the Secretary of State shall, if he is satisfied that there was good cause, issue a certificate to that effect and give a copy of it to the young person.

(5)In this section—

  • “training scheme” has such meaning as may be prescribed;

  • “young person” means a person who has reached the age of 16 but not the age of 18.

Commencement Information

I213Sch. 7 paras. 136-146 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)

F43141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

142In subsection (2)(b)(ii) of section 20 of that Act (exemptions from section 19), for the words “he has failed to complete a course of training” there shall be substituted the words “the condition mentioned in section 17(3)(b) or (c) is satisfied”.

Commencement Information

I214Sch. 7 paras. 136-146 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)

143In subsections (1) and (2) of section 31 of that Act (termination of awards), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.

Commencement Information

I215Sch. 7 paras. 136-146 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)

144In subsection (1) of section 35 of that Act (interpretation)—

(a)the definition of “adjudication officer” shall cease to have effect; and

(b)in the definition of “entitled”, for the words “sections 1 and 68 of the Administration Act” there shall be substituted the words “section 1 of the Administration Act and section 27 of the Social Security Act 1998”.

Commencement Information

I216Sch. 7 paras. 136-146 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)

145In subsection (1) of section 36 of that Act (regulations and orders), for the words “9(13) or 19(10)(a)” there shall be substituted the words “9(13), 16(4) or 19(10)(a)”.

Commencement Information

I217Sch. 7 paras. 136-146 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)

146In paragraph 10(2) of Schedule 1 to that Act (supplementary provisions), for the words “section 5(1)(n) of the Administration Act” there shall be substituted the words “section 21(2) of the Social Security Act 1998”.

Commencement Information

I218Sch. 7 paras. 136-146 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)

Industrial Tribunals Act 1996 (c. 17)

147In subsection (5) of section 16 of the Industrial Tribunals Act 1996 (power to provide for recoupment of benefits)—

(a)in paragraph (a), the words “adjudication officers or” shall cease to have effect; and

(b)for paragraph (d) there shall be substituted the following paragraphs—

(cc)provide for the determination by the Secretary of State of any issue arising as to the total or partial recoupment in pursuance of the regulations of a jobseeker’s allowance, unemployment benefit or income support,

(d)confer on an employee a right of appeal to an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998 against any decision of the Secretary of State on any such issue, and.

Commencement Information

I219Sch. 7 para. 147 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)

I220Sch. 7 para. 147 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)

Employment Rights Act 1996 (c. 18)

F44148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Social Security (Recovery of Benefits) Act 1997 (c. 27)

149(1)For subsection (1) of section 10 of the Social Security (Recovery of Benefits) Act 1997 (review of certificates of recoverable benefits) there shall be substituted the following subsection—

(1)Any certificate of recoverable benefits may be reviewed by the Secretary of State—

(a)either within the prescribed period or in prescribed cases or circumstances; and

(b)either on an application made for the purpose or on his own initiative.

(2)At the end of subsection (2) of that section there shall be inserted the words or

(c)revoke the certificate.

Commencement Information

I221Sch. 7 para. 149 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)

I222Sch. 7 para. 149(1) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

150(1)At the end of subsection (1) of section 11 of that Act (appeals against certificates of recoverable benefits) there shall be inserted the words or

(c)that listed benefits which have not been, and are not likely to be, paid to the injured person during the relevant period have been brought into account, or

(d)that the payment on the basis of which the certificate was issued is not a payment within section 1(1)(a).

(2)In subsection (2) of that section, after paragraph (a) there shall be inserted the following paragraph—

(aa)(in a case where that certificate was issued under section 7(2)(a)) the person to whom it was so issued, or.

(3)Subsection (6) of that section shall cease to have effect.

Commencement Information

I223Sch. 7 para. 150 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)

151(1)For subsections (1) and (2) of section 12 of that Act (reference of questions to medical appeal tribunal) there shall be substituted the following subsection—

(1)The Secretary of State must refer an appeal under section 11 to an appeal tribunal.

(2)In subsection (3) of that section, for the words “any question referred to it under subsection (1)” there shall be substituted the words “any appeal under section 11”.

(3)In subsection (4) of that section—

(a)for the words “a reference under subsection (1) a medical appeal tribunal” there shall be substituted the words “an appeal under section 11 an appeal tribunal”; and

(b)at the end there shall be inserted the words or

(c)declare that the certificate of recoverable benefits is to be revoked.

(4)In subsection (5) of that section—

(a)for the words “the decisions of the tribunal on the questions referred to it under subsection (1), he must in accordance with those decisions” there shall be substituted the words “the decision of the tribunal on the appeal under section 11, he must in accordance with that decision”; and

(b)at the end there shall be inserted the words or

(c)revoke the certificate.

(5)The following shall cease to have effect, namely—

(a)subsection (6) of that section;

(b)in subsection (7) of that section, the words “under subsection (6)(b)”; and

(c)subsection (8) of that section.

Commencement Information

I224Sch. 7 para. 151 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)

152F45(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In subsection (2) of that section—

(a)the word “or” at the end of paragraph (b) shall cease to have effect; and

(b)after that paragraph there shall be inserted the following paragraph—

(bb)(in a case where that certificate was issued under section 7(2)(a)) the person to whom it was so issued, or.

F46(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Subsection (4) of that section shall cease to have effect.

Textual Amendments

Commencement Information

I225Sch. 7 para. 152 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)

F47153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .