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

Explanatory Note

(This note is not part of the Order)

This Order provides for the coming into force on 5th July 1999 of further provisions of the Social Security Act 1998 (“the Act") so as to introduce on that date—as respects guardian’s allowance, industrial injuries benefits, child benefit and issues arising under the Pension Schemes Act 1993—the new arrangements for decision-making and appeals provided for in Chapter II of Part I of the Act.

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

Savings are made as respects provisions of the Administration Act in relation to certain decisions taken by the Secretary of State before 1st April 1999, and the destination of fees paid in connection with certain medical examinations (article 3).

This Order makes consequential amendments in other statutory instruments in so far as they are concerned with, or make reference to, existing arrangements for decision making and appeals specifically in relation to guardian’s allowance, child benefit or industrial injuries benefits (article 4 and Schedules 2 to 4 and 6 to 8). Certain other provisions (for example, those which relate to claims and payments generally) are modified in relation to those benefits pending their amendment once Chapter II of Part I of the Act is fully in force in relation to all benefits (article 4 and Schedules 5, 9, 10 and 11).

This Order also makes transitional provision, in particular as to the manner in which matters which, immediately before 5th July 1999, are awaiting determination under the existing arrangements for decision making and appeals are to be dealt with on or after that date (article 5 and Schedule 12).