The Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999

Citation and interpretation

1.—(1) This Order may be cited as the Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999.

(2) In this Order, unless the context otherwise requires—

“the Act” means the Social Security Act 1998;

“the Administration Act” means the Social Security Administration Act 1992(1);

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

Appointed day

2.—(1) Subject to paragraph (2) below and to articles 3 and 5 of this Order, 5th July 1999 is the day appointed for the coming into force of—

(a) paragraph 105 of Schedule 7 (co-ordination with Northern Ireland), and section 86(1) in so far as it relates to that paragraph; and

(b) the provisions of the Act specified in Schedule 1 to this Order, in so far as those provisions are not already in force, for the purposes of—

(i) guardian’s allowance under Part III of the Social Security Contributions and Benefits Act 1992(2),

(ii) benefits under Part V of that Act (benefits for industrial injuries),

(iii) child benefit, and

(iv) any matter to which, by virtue of section 170 of the Pension Schemes Act 1993(3), provisions of Chapter II of Part I of the Act are to apply.

(2) Paragraphs 63 and 102 of Schedule 7 shall come into force immediately before, respectively, paragraphs 4 and 14 of Schedule 7 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999(4) come into force.

Savings

3.—(1) Notwithstanding the coming into force of section 39(3) (Part II of the Administration Act to cease to have effect) or regulation 59 (revocations) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999(5)—

(a) sections 18 and 19 of the Administration Act (appeals on questions of law, and review of decisions);

(b) sections 59 to 61 of, and Schedule 3 to, that Act (regulations about procedural and supplementary matters) as they relate to regulations made in relation to those sections; and

(c) any regulations made under or in connection with the operation of any of those sections or that Schedule,

shall continue to have effect with respect to any decision given before 1st April 1999 by the Secretary of State under section 17(1)(d) of that Act (decision whether person employed in employed earner’s employment for purposes of industrial injuries benefit).

(2) Notwithstanding the coming into force of paragraph 101 of Schedule 7, section 164(5)(a) of the Administration Act (which provides for certain fees to be paid into the National Insurance Fund) shall continue to have effect in relation to any payment of fees made on or after 5th July 1999 under regulations made by virtue of section 62(2)(b) of that Act in connection with a medical examination conducted before that date.

Consequential amendments and modifications

4.—(1) The amendments and modifications made by the following paragraphs of this article shall take effect on 5th July 1999.

(2) The Social Security (Guardian’s Allowances) Regulations 1975(6) shall be amended in accordance with Schedule 2 to this Order.

(3) The Child Benefit (General) Regulations 1976(7) shall be amended in accordance with Schedule 3 to this Order.

(4) The Social Security (Claims and Payments) Regulations 1979(8) shall be amended in accordance with Schedule 4 to this Order.

(5) The Social Security (General Benefit) Regulations 1982(9) shall, as they relate to any benefit to which this paragraph applies, have effect subject to the modifications specified in Schedule 5 to this Order.

(6) The Workmen’s Compensation (Supplementation) Scheme 1982(10) shall be amended in accordance with Schedule 6 to this Order.

(7) The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983(11) shall be amended in accordance with Schedule 7 to this Order.

(8) The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985(12) shall be amended in accordance with Schedule 8 to this Order.

(9) The Social Security (Claims and Payments) Regulations 1987(13) shall, as they relate to any benefit to which this paragraph applies, have effect subject to the modifications specified in Schedule 9 to this Order.

(10) The Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988(14) shall, as they relate to any benefit to which this paragraph applies, have effect subject to the modifications specified in Schedule 10 to this Order.

(11) The Social Security Benefit (Dependency) Regulations 1977(15) shall, as they relate to any benefit to which this paragraph applies, have effect subject to the modification specified in Schedule 11 to this Order.

(12) Paragraphs (5), (9), (10) and (11) of this article apply to any benefit mentioned in article 2(1)(b)(i) to (iii) of this Order.

Transitional provisions

5.  Schedule 12 to this Order shall have effect.

Signed by authority of the Secretary of State for Social Security.

Angela Eagle

Parliamentary Under-Secretary of State,

Department of Social Security

4th July 1999