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The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999

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Article 2(c)

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

Provision of the ActSubject matter
Section 1(a)Transfer of functions of adjudication officers to Secretary of State
Section 2(2)(a)Use of computers
Section 4(1)(a) and (c) and (2)(a) and (c)Unified appeal tribunals
Section 8(1)(a) and (c), (2), (3)(a) and (b), (4) and (5) M1Decisions by Secretary of State
Sections 9 and 10 M1Revision, and decisions superseding earlier decisions
Section 11(1) and (2), and (3) except the definition of “the current legislation" in so far as it relates to the Social Security (Recovery of Benefits) Act 1997 M2 and the definition of “the former legislation" in so far as it relates to the National Insurance Acts 1965 M3 to 1974, the National Insurance (Industrial Injuries) Acts 1965 M4 to 1974 and Part II of the Social Security Act 1986 M5Regulations with respect to decisions, and assistance from experts
Section 12(1)(a) (in so far as it relates to paragraphs 1, 3, 5, 6(a) and (b)(ii), and 7 to 9 of Schedule 2) and (b) (in so far as it relates to paragraphs 1 to 6, 8, 9, 16 and 17 of Schedule 3), (2), (3), (4) and (6) to (9) M6Appeal to appeal tribunal
Section 13Redetermination etc. of appeals by tribunal
Section 14 and Schedule 4 M7Appeal from tribunal to Commissioner
Section 15Appeal from Commissioner on point of law
Section 16 and Schedule 5Procedure
Section 17Finality of decisions
Sections 18(1) and 19 M8Matters arising as respects decisions, and medical examination required by Secretary of State
Section 20 M9Medical examination required by appeal tribunal
Sections 21 M9 to 27 (except section 26(8))Suspension and termination of benefit, decisions and appeals involving issues that arise on appeal in other cases, and restrictions on entitlement in cases of error
Section 28 M10 (except subsection (3)(c) and (e))Correction of errors, and setting aside of decisions
Section 39 M10Interpretation etc. of Chapter II of Part I of the Act
Sections 45 to 47Vaccine damage payments: decisions reversing earlier decisions, appeals to appeal tribunals and correction of errors etc.

Schedule 7 M11 in the respects specified below, and section 86(1) in so far as it relates to them—

Paragraph 4(2) in so far as it applies to the entries relating to regional or other full-time chairmen of disability appeal tribunals, members of a panel appointed under section 6 of the Tribunals and Inquiries Act 1992 M12 of persons to act as chairmen of disability appeal tribunals, and members of a panel of persons appointed to serve on a vaccine damage tribunal

Minor and consequential amendments—

Paragraphs 5 to 10

vaccine damage payments

Paragraphs 15 and 17

recovery of outstanding community charge by deductions from jobseeker’s allowance

Paragraph 55

recovery of fines etc. by deductions from jobseeker’s allowance

Paragraphs 66 to 71(a)

miscellaneous provisions relating to benefits

Paragraph 79(1)

claims and payments

Paragraph 81

overpayments

Paragraph 82

recovery of jobseeker’s allowance: severe hardship cases

Paragraphs 88 and 89

disclosure of information, and notification of deaths

Paragraph 96

effect of alteration of rates of a jobseeker’s allowance

Paragraph 98

implementation of increases in income-based jobseeker’s allowance due to attainment of particular ages

Paragraph 102

financial review and report

Paragraph 106

reciprocal arrangements with Northern Ireland: income-related benefits and child benefit

Paragraphs 107 and 108

reciprocal agreements and travelling expenses

Paragraph 109

regulations and orders under the Administration Act

Paragraph 117

recovery of council tax etc. by deductions from jobseeker’s allowance

Paragraph 118(1) in so far as it substitutes for the words “paragraph 38(a), 41(b), 41(e) or 43" the words “ paragraph 38(a) ”

appointment of chairmen of certain tribunals

Paragraph 118(2) in so far as it relates to the tribunals specified in paragraph 41(b) of Schedule 1 to the Tribunals and Inquiries Act 1992

Paragraph 119

Concurrence required for removal of members of certain tribunals

Paragraph 121(2)(a), and (b) in so far as it relates to sub-paragraphs (b) and (e) of paragraph 41 of Schedule 1 to that Act

Tribunals under supervision of Council on Tribunals

Paragraph 123(2) in so far as it applies to the entries relating to chairmen of disability appeal tribunals in Part II of Schedule 1 to the Judicial Pensions and Retirement Act 1993 M13

judicial pensions—other appointments

Paragraph 124(2) in so far as it applies to the entries relating to chairmen of disability appeal tribunals and vaccine damage tribunals in Schedule 5 to that Act

judicial retirement—the relevant offices

Paragraphs 134 to 146

jobseeker’s allowance

Paragraph 147

power to provide for recoupment of benefits

Schedule 8 in respect of the repeals specified below, and section 86(2) in so far as it relates to them—

The entries in Part III of Schedule 1 to the House of Commons Disqualification Act 1975 M14 relating to regional or other full-time chairmen of disability appeal tribunals, members of a panel appointed under section 6 of the Tribunals and Inquiries Act 1992 of persons to act as chairmen of disability appeal tribunals, members of a panel of persons who may be appointed to serve on a vaccine damage tribunal, and the President of disability appeal tribunals

In the Vaccine Damage Payments Act 1979 M15—

in section 5, subsections (1) to (3) and (5)

in section 7(3), the words from “and in relation to" to the end

Section 12(1)

In the Judicial Pensions and Retirement Act 1993—

in Schedule 1, in Part II, and in Schedule 5, the entries relating to chairmen of disability appeal tribunals and to chairmen of vaccine damage tribunals

In the Jobseekers Act 1995 M16—

in section 6(6), the words “(“the first determination")"

in section 7(7), the words “(“the first determination")"

Section 9(9)

Section 10(8)

Section 11

in section 28, subsections (1)(b) and (3)

in section 35(1), the definition of “adjudication officer"

in Schedule 2, paragraphs 20(3), 41 to 47 and 57

Repeals—

Marginal Citations

M1Sections 8 and 10 are amended by paragraphs 22 and 23 respectively of Schedule 7 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2) (“the Transfer Act").

M6Section 12 and Schedule 3 are amended by paragraphs 25 and 36 respectively of Schedule 7 to the Transfer Act.

M7Sections 13 and 14 are amended by paragraphs 26 and 27 respectively of Schedule 7 to the Transfer Act.

M8Sections 18 and 19 are amended by paragraphs 29 and 30 respectively of Schedule 7 to the Transfer Act.

M9Sections 20 and 21 are amended by paragraphs 31 and 32 respectively of Schedule 7 to the Transfer Act.

M10Sections 28 and 39 are amended by paragraphs 34 and 35 respectively of Schedule 7 to the Transfer Act.

M11Certain provisions of Schedule 7 are repealed by Schedule 10 to the Transfer Act.

Article 3(2)

SCHEDULE 2E+W+SMODIFICATION OF THE SOCIAL SECURITY BENEFIT (DEPENDENCY) REGULATIONS 1977

[F1As if in regulation 1(2) M17 (interpretation), for the definition of “the determining authority" there were substituted the following definition—

““the determining authority" means, as the case may require, the Secretary of State, an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998, the Chief or any other Social Security Commissioner, or a tribunal consisting of three or more such Commissioners constituted in accordance with section 16(7) of that Act;”.]

Textual Amendments

Marginal Citations

Article 3(3)

SCHEDULE 3E+W+SMODIFICATION OF THE SOCIAL SECURITY (CLAIMS AND PAYMENTS) REGULATIONS 1987

Modifications etc. (not altering text)

[F11.  As if in regulation 2(1) M18 (interpretation), in the definition of “claim for benefit" for the words “the review of an award or" (in both places where the expression occurs) there were substituted the words “ a revision under section 9 of the Social Security Act 1998 or a supersession under section 10 of that Act of ”.E+W+S

Textual Amendments

Marginal Citations

M18There are amendments to regulation 2 which are not relevant to this Order.

2.  As if in regulation 3(g) M19 (claims not required for entitlement to benefit in certain cases)—E+W+S

(a)in sub-paragraph (ii)—

(i)for the words “37(1A)" there were substituted the words “ 16(2) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ”;

(ii)after the words “ought to be revised" there were inserted the words “ under section 9 of the Social Security Act 1998 or superseded under section 10 of that Act ”; and

(b)in sub-paragraph (iv) after the words “should be revised" there were inserted the words “ or superseded ”.

Textual Amendments

Marginal Citations

M19Regulation 3(g) was inserted by S.I. 1996/1460.

3.  As if in regulation 13 (advance claims and awards)—E+W+S

(a)in paragraph (1) for the words—

(i)“adjudicating authority" there were substituted the words “ Secretary of State ”;

(ii)“that authority" there were substituted the words “ Secretary of State ”; and

(b)in paragraph (2), for the words “An award under paragraph (1)(b) shall be reviewed by the adjudicating authority" there were substituted the words “ A decision pursuant to paragraph (1)(b) to award benefit may be revised under section 9 of the Social Security Act 1998 ”.

Textual Amendments

4.  As if in regulation 13A M20 (advance award of disability living allowance)—E+W+S

(a)in paragraph (1) for the words—

(i)“adjudicating authority" there were substituted the words “ Secretary of State ”;

(ii)“that authority" there were substituted the words “ Secretary of State ”; and

(b)in paragraph (3), for the words “An award under paragraph (1) or (2) shall be reviewed by the adjudicating authority" there were substituted the words “ A decision pursuant to paragraph (1) or (2) to award benefit may be revised under section 9 of the Social Security Act 1998 ”.

Textual Amendments

Marginal Citations

M20Regulation 13A was inserted by S.I. 1992/2741.

5.  As if in regulation 13C M21 (further claim for and award of disability living allowance)—E+W+S

(a)for the words “adjudicating authority" in both places where they occur there were substituted the words “ Secretary of State ”; and

(b)for the word “reviewed" there were substituted the word “ revised ”.

Textual Amendments

Marginal Citations

M21Regulation 13C was inserted by S.I. 1992/2741.

6.  As if in regulation 17(4) (duration of awards) the words from “; and where those" to the end were omitted.E+W+S

Textual Amendments

7.  As if in regulation 26A M22 (jobseeker’s allowance) for the word “revised" in each place where it occurs there were substituted the words “ revised or superseded ”.E+W+S

Textual Amendments

Marginal Citations

M22Regulation 26A was inserted by S.I. 1996/1460 and amended by S.I. 1998/1174.

8.  As if in the heading to Part V, the words “SUSPENSION AND" were omitted.E+W+S

Textual Amendments

9.  As if regulations 37 to 37B M23 (suspension and withholding of benefit) were omitted.E+W+S

Textual Amendments

Marginal Citations

M23Regulations 37, 37A and 37B were substituted for regulation 37 by S.I. 1992/247. Regulation 37 was amended by S.I. 1993/2113, 1996/1460 and 1996/2306. Regulation 37A was substituted by S.I. 1998/1381. Regulations 37AA and 37AB were inserted by S.I. 1994/2319. Regulation 37AA was amended by S.I. 1996/2306 and 1996/1460.

10.  As if in regulation 38(2A) M24 (extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period)—E+W+S

(a)for the words “adjudicating authority" in both places where they occur there were substituted the words “ Secretary of State ”;

(b)in sub-paragraph (a) for the words “the Secretary of State has" there were substituted the word “ he ”; and

(c)in sub-paragraph (c)—

(i)the words “the Secretary of State has certified" were omitted;

(ii)the word “that" in each place where it occurs were omitted;

(iii)in head (ii), for the word “him" there were substituted the words “ the Secretary of State ”.

Textual Amendments

Marginal Citations

M24Regulation 38(2A) was inserted by S.I. 1989/1686 and amended by S.I. 1993/2113.

11.  As if in paragraph 1(2)(a) M25 of Schedule 2 (special provisions relating to claims for jobseeker’s allowance during periods connected with public holidays) for the words “an adjudication officer" there were substituted the words “ the Secretary of State ”.E+W+S

Textual Amendments

Marginal Citations

M25Paragraph 1 was amended by S.I. 1996/1460.

12.  As if in Schedule 9 (deductions from benefit and direct payment to third parties)—E+W+S

(a)in paragraphs 3 to 7B and 9 M26 for the words “adjudicating authority" in each place where they occur there were substituted the words “ Secretary of State ”; and

(b)in paragraph 6(4) M27 for the word “reviewed" there were substituted the words “ revised or superseded ”.

Textual Amendments

Marginal Citations

M26The relevant amending instruments are S.I. 1988/522, 1989/136, 1989/1686, 1991/2284, 1992/1026, 1992/2595, 1992/3147, 1994/2319 and 1996/1460. Paragraph 7A was inserted by S.I. 1993/478 and amended by S.I. 1993/2113 and 1996/481. Paragraph 7B was inserted by S.I. 1996/2344.

M27The relevant amending instrument is S.I. 1992/2595.

13.  As if in paragraph 3(1) M28 of Schedule 9A (deductions of mortgage interest from benefit and payment to qualifying lenders)—E+W+S

(a)for the words “adjudicating authority" there were substituted the words “ Secretary of State ”; and

(b)for the words “the Secretary of State" there were substituted the word “ him ”.]

Textual Amendments

Marginal Citations

M28Schedule 9A was inserted by S.I. 1992/1026 and amended by S.I. 1995/1613 and S.I. 1996/1460.

Article 3(4)

SCHEDULE 4E+W+SMODIFICATION OF THE SOCIAL SECURITY (PAYMENTS ON ACCOUNT, OVERPAYMENTS AND RECOVERY) REGULATIONS 1988

[F11.  As if in regulation 1(2) M29 (interpretation), for the definition of “adjudicating authority" there were substituted the following definition—E+W+S

““adjudicating authority" means, as the case may require, the Secretary of State, an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998, the Chief or other Commissioner, or a tribunal consisting of any three or more Commissioners constituted in accordance with section 16(7) of that Act;”.

Textual Amendments

Marginal Citations

M29The relevant amending instrument is S.I. 1991/2742.

2.  As if in regulation 2(1)(b) M30 (making of interim payments), for the words “a reference, review," there were substituted the word “ an ”.E+W+S

Textual Amendments

Marginal Citations

M30The relevant amending instrument is S.I. 1996/30.

3.  As if in regulation 5(2) (offsetting prior payment against a subsequent award)—E+W+S

(a)for Case 1 there were substituted the following case—

“Case 1: Payment pursuant to a decision which is revised or superseded, or overturned on appeal

Where a person has been paid a sum by way of benefit pursuant to a decision which is subsequently revised under section 9 of the Social Security Act 1998, superseded by a decision under section 10 of that Act or overturned on appeal”; and

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

Textual Amendments

4.  As if in regulation 8(2) M31 (duplication and prescribed payments) for the words “on review" there were substituted the words “ by way of revision or supersession ”.E+W+S

Textual Amendments

Marginal Citations

M31The relevant amending instrument is S.I. 1996/1345.

5.  As if in the heading to Part VI the words “REVISION OF DETERMINATION AND" were omitted.E+W+S

Textual Amendments

6.  As if in regulation 12 (circumstances in which determination need not be revised) for the words—E+W+S

(a)“or revision of determination" there were substituted the words “ , revision or supersession ”; and

(b)“for reviewing and revising the determination under which payment was made" there were substituted the words “ for the decision pursuant to which the payment was made to be revised under section 9 of the Social Security Act 1998 or superseded under section 10 of that Act ”.]

Textual Amendments

Article 3(5)

SCHEDULE 5E+W+SMODIFICATION OF THE COMMUNITY CHARGES (DEDUCTIONS FROM INCOME SUPPORT) (SCOTLAND) REGULATIONS 1989

[F11.  As if in regulation 1(2) M32 (interpretation)—E+W+S

(a)the definition of “adjudication officer" were omitted;

(b)for the definition of “Commissioner" there were substituted the following definition—

““Commissioner" means the Chief or any other Social Security Commissioner appointed in accordance with section 14(12) of, and Schedule 4 to, the Social Security Act 1998 and includes a Tribunal of Commissioners constituted in accordance with section 16(7) of that Act;”; and

(c)for the definition of “tribunal" there were substituted the following definition—

““tribunal" means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998; and”.

Textual Amendments

Marginal Citations

M32The relevant amending instrument is S.I. 1990/113.

2.  As if in regulation 2 M33 (deductions from income support or jobseeker’s allowance)—E+W+S

(a)in paragraph (4)—

(i)the words “refer it to an adjudication officer who shall" were omitted;

(ii)in sub-paragraph (a)—

(aa)for the words “the Secretary of State" there were substituted the word “ him ”;

(bb)for the words “adjudication officer" there were substituted the words “ Secretary of State ”;

(iii)in sub-paragraph (aa)—

(aa)for the words “the Secretary of State" there were substituted the word “ him ”;

(bb)for the words “the adjudication officer" there were substituted the word “ he ”; and

(b)in paragraph (5)—

(i)for the words “or review" there were substituted the words “ , revision or supersession ”;

(ii)for the words “adjudication officer" there were substituted the words “ Secretary of State ”.

Textual Amendments

Marginal Citations

M33The relevant amending instruments are S.I. 1990/113, 1992/1026 and 1996/2344.

3.  As if in regulation 2A M34 (deductions from debtor’s jobseeker’s allowance) for the words—E+W+S

(a)“adjudication officer" in both places in which they occur there were substituted the words “ Secretary of State ”; and

(b)“the Secretary of State" in both places in which they occur there were substituted the word “ he ”.

Textual Amendments

Marginal Citations

M34Regulation 2A was inserted by S.I. 1996/2344.

4.  As if in regulation 3 (notification of decision)—E+W+S

(a)for the words “the adjudication officer’s" there were substituted the word “ his ”; and

(b)the words “after he receives that decision" were omitted.

Textual Amendments

5.  As if regulation 5 (appeal) there were substituted the following regulation—E+W+S

“5.—(1) Where the Secretary of State has determined a question under regulation 2(4), the debtor may appeal to a tribunal.

(2) Subject to section 13 of the Social Security Act 1998, an appeal lies to a Commissioner from the decision of a tribunal.”

Textual Amendments

6.  As if regulations 6 to 11 were omitted.E+W+S

Textual Amendments

7.  As if Schedules 1 and 2 were omitted.]E+W+S

Textual Amendments

Article 3(6)

SCHEDULE 6E+W+SMODIFICATION OF THE COMMUNITY CHARGES (DEDUCTIONS FROM INCOME SUPPORT) (NO. 2) REGULATIONS 1990

[F11.  As if in regulation 1(2) M35 (interpretation)—E+W+S

(a)the definition of “adjudication officer" were omitted;

(b)for the definition of “Commissioner" there were substituted the following definition—

““Commissioner" means the Chief or any other Social Security Commissioner appointed in accordance with section 14(12) of, and Schedule 4 to, the Social Security Act 1998 and includes a Tribunal of Commissioners constituted in accordance with section 16(7) of that Act;”; and

(c)for the definition of “tribunal" there were substituted the following definition—

““tribunal" means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998; and”.

Textual Amendments

Marginal Citations

M35There are amendments to regulation 1 which are not relevant to this Order.

2.  As if in regulation 2 M36 (deductions from income support or jobseeker’s allowance)—E+W+S

(a)in paragraph (4)—

(i)the words “refer it to an adjudication officer who shall" were omitted;

(ii)in sub-paragraph (a)—

(aa)for the words “the Secretary of State" there were substituted the word “ him ”;

(bb)for the words “adjudication officer" there were substituted the words “ Secretary of State ”;

(iii)in sub-paragraph (aa)—

(aa)for the words “the Secretary of State" there were substituted the word “ him ”;

(bb)for the words “the adjudication officer" there were substituted the word “ he ”;

(iv)in sub-paragraph (b) for the words “adjudication officer" there were substituted the words “ Secretary of State ”;

(b)in paragraph (5) for the words “refer those further applications to the adjudication officer" there were substituted the words “ determine those further applications ”; and

(c)in paragraph (6)—

(i)for the words “or review" there were substituted the words “ , revision or supersession ”;

(ii)for the words “adjudication officer" there were substituted the words “ Secretary of State ”.

Textual Amendments

Marginal Citations

M36The relevant amending instruments are S.I. 1992/1026, 1993/2113 and 1996/2344.

3.  As if in regulation 2A M37 (deductions from debtor’s jobseeker’s allowance) for the words—E+W+S

(a)“adjudication officer" in both places where they occur there were substituted the words “ Secretary of State ”; and

(b)“the Secretary of State" in both places where they occur there were substituted the word “ he ”.

Textual Amendments

Marginal Citations

M37Regulation 2A was inserted by S.I. 1996/2344.

4.  As if in regulation 3 (notification of decision)—E+W+S

(a)for the words “the adjudication officer’s" there were substituted the word “ his ”; and

(b)the words “after he receives that decision" were omitted.

Textual Amendments

5.  As if for regulation 5 (appeal) there were substituted the following regulation—E+W+S

“5.—(1) Where the Secretary of State has determined a question under regulation 2(4), the debtor may appeal to a tribunal.

(2) Subject to section 13 of the Social Security Act 1998, an appeal lies to a Commissioner from the decision of a tribunal.”

Textual Amendments

6.  As if regulations 6 to 11 were omitted.E+W+S

Textual Amendments

7.  As if Schedules 1 and 2 were omitted.]E+W+S

Textual Amendments

Article 3(7)

SCHEDULE 7E+W+SAMENDMENT OF THE SOCIAL SECURITY (DISABILITY LIVING ALLOWANCE) REGULATIONS 1991

1.  In regulation 1(2) M38 (interpretation)—E+W+S

(a)after the definition of “the Administration Act" there shall be inserted the following definition—

““the 1998 Act" means the Social Security Act 1998”; and

(b)for the definition of “adjudicating authority" there shall be substituted the following definition—

““adjudicating authority" means, as the case may require, the Secretary of State, an appeal tribunal constituted under Chapter I of Part I of the 1998 Act, the Chief or any other Social Security Commissioner, or a tribunal consisting of any three or more such Commissioners constituted in accordance with section 16(7) of that Act;”.

Marginal Citations

M38The relevant amending instrument is S.I. 1993/1939.

2.  In regulation 2(4)(b), for the word “review" there shall be substituted the words “ revision under section 9 of the 1998 Act or supersession under section 10 of that Act ”.E+W+S

3.  Regulations 5A, 5B and 5C M39 (medical examination, withholding of benefit and payment of withheld benefit) are hereby revoked.E+W+S

Marginal Citations

M39Regulations 5A, 5B and 5C were inserted by S.I. 1997/1839.

4.  In regulations 9A(2)(a) M40 in the substituted paragraph (2B)(b) and (c), 10(6)(b) and (c) and 12B(9A)(b) and (c) for the word “review" there shall be substituted the words “ revision under section 9 of the 1998 Act or supersession under section 10 of that Act ”.E+W+S

Marginal Citations

M40Regulation 9A was inserted by S.I. 1994/1779.

5.  In Schedule 1 M41 (persons aged 65 and over)—E+W+S

(a)for the word “Review" where it appears in the heading to paragraph 1 there shall be substituted the words “ Revision or supersession ”;

(b)in paragraph 1(1)(c) for the words “in writing is made in accordance with section 30(7) or 35(4) of the Administration Act for that award to be reviewed;" there shall be substituted the words “ is made in accordance with section 9 of the 1998 Act or section 10 of that Act for that award to be revised or superseded; ”;

(c)in paragraph 1(1)(d) for the words “both reviewed and revised" there shall be substituted the words “ revised or superseded ”;

(d)in paragraph 1(2) for the words “revised award" there shall be substituted the words “ revision or supersession ”;

(e)in paragraph 1(3) the words “for review" shall be omitted and for the word “reviewed" there shall be substituted the word “ superseded ”;

(f)for the word “Reviews" where it appears in the heading to paragraph 2 there shall be substituted the words “ Revision or supersession ”;

(g)in paragraph 2 for the word “review" there shall be substituted the words “ revision or supersession ”, for the word “reviews" there shall be substituted the words “ revisions or supersessions ” and for the word “reviewed" where it first appears there shall be substituted the words “ revised or superseded ”;

(h)in paragraph 2(b) for the words “reviewed and revised" there shall be substituted the word “ superseded ”;

(i)in paragraph 3(1)(a) for the words “revised on a review under section 30, 31 or 35 of the Administration Act" there shall be substituted the words “ revised under section 9 of the 1998 Act or superseded under section 10 of that Act ”;

(j)in paragraph 3(2) for the words “under review" there shall be substituted the words “ being revised or superseded ”; and

(k)in paragraphs 5(1)(a), 6(1)(a) and 7(1)(a) for the words “revised on a review under section 30, 31 or 35 of the Administration Act" there shall be substituted the words “ revised under section 9 of the 1998 Act or superseded under section 10 of that Act ”.

Marginal Citations

M41The relevant amending instrument is S.I. 1993/1939.

Article 3(8)

SCHEDULE 8E+W+SAMENDMENT OF THE SOCIAL SECURITY (ATTENDANCE ALLOWANCE) REGULATIONS 1991

1.  In regulations 7A(2)(a) M42 in the substituted paragraph (1A)(b) and (c) and 8(4)(b) and (c) for the word “review" there shall be substituted the words “ revision under section 9 of the Social Security Act 1998 or supersession under section 10 of that Act ”.E+W+S

Marginal Citations

M42Regulations 7A, 8C, 8D and 8E were inserted by S.I. 1994/1779.

2.  Regulations 8C, 8D and 8E M43 (medical examination, withholding of benefit and payment of withheld benefit) are hereby revoked.E+W+S

Marginal Citations

M43Regulations 7A, 8C, 8D and 8E were inserted by S.I. 1994/1779.

Article 3(9)

SCHEDULE 9E+W+SMODIFICATION OF THE FINES (DEDUCTIONS FROM INCOME SUPPORT) REGULATIONS 1992

[F21.  As if in regulation 1(2) M44 (interpretation)—E+W+S

(a)the definition of “adjudication officer" were omitted;

(b)for the definition of “Commissioner" there were substituted the following definition—

““Commissioner" means the Chief or any other Social Security Commissioner appointed in accordance with section 14(12) of, and Schedule 4 to, the Social Security Act 1998 and includes a Tribunal of Commissioners constituted in accordance with section 16(7) of that Act;”; and

(c)for the definition of “tribunal" there were substituted the following definition—

““tribunal" means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998; and”.

Textual Amendments

Marginal Citations

M44There are amendments to regulation 1 which are not relevant to this Order.

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

Textual Amendments

3.  As if in regulation 4 M45—E+W+S

(a)in paragraph (1)—

(i)the words “refer it forthwith to an adjudication officer who shall" were omitted;

(ii)for the words “the Secretary of State" there were substituted the word “ him ”;

(b)in paragraphs (2) and (2A) for the words—

(i)“adjudication officer" there were substituted the words “ Secretary of State ”;

(ii)“the Secretary of State" there were substituted the word “ him ”;

(c)in paragraph (3)—

(i)for the words “adjudication officer" there were substituted the words “ Secretary of State ”;

(ii)for the words “reference from the Secretary of State" there were substituted the word “ application ”.

Textual Amendments

Marginal Citations

M45The relevant amendments are S.I. 1996/2344 and 1997/827.

4.  As if in regulation 5 (notification of decision)—E+W+S

(a)for the words “the adjudication officer’s" there were substituted the word “ his ”; and

(b)the words “from the date on which he receives that decision" were omitted.

Textual Amendments

5.  As if in regulations 6 M46 (deductions from offender’s income support or income-based jobseeker’s allowance) and 6A (deductions from offender’s contribution-based jobseeker’s allowance) for the words—E+W+S

(a)“adjudication officer" there were substituted the words “ Secretary of State ”; and

(b)“the Secretary of State" there were substituted the word “ he ”.

Textual Amendments

Marginal Citations

M46Regulation 6 was amended and regulation 6A was inserted by S.I. 1996/2344.

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

Textual Amendments

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

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

(2) Subject to section 13 of the Social Security Act 1998, an appeal lies to a Commissioner from the decision of a tribunal.”

Textual Amendments

8.  As if regulations 10 to 15 were omitted.E+W+S

Textual Amendments

9.  As if Schedules 1 and 2 were omitted.]E+W+S

Textual Amendments

Article 3(10)

SCHEDULE 10E+W+SMODIFICATION OF THE COUNCIL TAX (DEDUCTIONS FROM INCOME SUPPORT) REGULATIONS 1993

[F31.  As if in regulation 1(2) M47 (interpretation)—E+W+S

(a)the definition of “adjudication officer" were omitted;

(b)for the definition of “Commissioner" there were substituted the following definition—

““Commissioner" means the Chief or any other Social Security Commissioner appointed in accordance with section 14(12) of, and Schedule 4 to, the Social Security Act 1998 and includes a Tribunal of Commissioners constituted in accordance with section 16(7) of that Act;”; and

(c)for the definition of “tribunal" there were substituted the following definition—

““tribunal" means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998.”.

Textual Amendments

Marginal Citations

M47There are amendments to regulation 1 which are not relevant to this Order.

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

Textual Amendments

3.  As if in regulation 5 M48—E+W+S

(a)in paragraph (1)—

(i)the words “refer it forthwith to an adjudication officer who shall" were omitted;

(ii)for the words “the Secretary of State" there were substituted the word “ him ”;

(b)in paragraphs (2) and (2A) for the words—

(i)“adjudication officer" there were substituted the words “ Secretary of State ”;

(ii)“the Secretary of State" there were substituted the word “ him ”;

(c)in paragraph (3)—

(i)for the words “adjudication officer" there were substituted the words “ Secretary of State ”;

(ii)for the words “reference from the Secretary of State" there were substituted the word “ application ”.

Textual Amendments

Marginal Citations

M48The relevant amending instruments are S.I. 1996/2344 and 1997/827.

4.  As if in regulation 6 (notification of decision)—E+W+S

(a)for the words “the adjudication officer’s" there were substituted the word “ his ”; and

(b)the words “from the date on which he receives that decision" were omitted.

Textual Amendments

5.  As if in regulations 7 M49 (deductions from debtor’s income support or income-based jobseeker’s allowance) and 7A (deductions from debtor’s contribution-based jobseeker’s allowance) for the words—E+W+S

(a)“adjudication officer" there were substituted the words “ Secretary of State ”; and

(b)“the Secretary of State" there were substituted the word “ he ”.

Textual Amendments

Marginal Citations

M49Regulation 7 was amended and regulation 7A was inserted by S.I. 1996/2344.

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

Textual Amendments

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

“10.—(1) Where the Secretary of State has determined a question under regulation 5, the debtor may appeal to a tribunal.

(2) Subject to section 13 of the Social Security Act 1998, an appeal lies to a Commissioner from the decision of a tribunal.”

Textual Amendments

8.  As if regulations 11 to 16 were omitted.E+W+S

Textual Amendments

9.  As if Schedules 1 and 2 were omitted.]E+W+S

Textual Amendments

Article 3(11)

SCHEDULE 11E+W+SAMENDMENT OF THE SOCIAL SECURITY (INCAPACITY FOR WORK) (GENERAL) REGULATIONS 1995

1.  In regulation 2(1) M50 (interpretation) the definition of “disability appeal tribunal" shall be omitted.E+W+S

Marginal Citations

M50There are amendments to regulation 2 which are not relevant to this Order.

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

Article 3(12)

SCHEDULE 12E+W+SAMENDMENT OF THE JOBSEEKER’S ALLOWANCE REGULATIONS 1996

1.  In regulation 31(g)—E+W+S

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

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

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

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

2.  In regulations 31(g), 32, 33, 35, 39, 40, 55(1)(b), 68(1) and (2), 70, 94(9), 101(8) and (11), 105(4), (12) and (13), 139, 140, 141(3), 147(6)(b) and 163(3) in the substituted regulation 101(9) and (11), Schedule 2 paragraph 17(2) and (7)(a) and Schedule 4 paragraph 10(3)(d) M51 for the words “an adjudication officer" and “the adjudication officer" in each place where they occur there shall be substituted the words “ the Secretary of State ”.E+W+S

Marginal Citations

M51The relevant amending instruments are S.I. 1996/1516, 1997/1827, 1997/2863 and 1999/264.

3.  In the heading to regulation 32 the words “by an Adjudication Officer" shall be omitted.E+W+S

4.  Regulations 41 to 45 are hereby revoked.E+W+S

5.  In regulations 51(2)(b)(ii), 104(1), 106(1) and 111(b)(i) and Schedule 2 paragraphs 12(6) and 13(2)(a) M52 for the word “review" in each place where it occurs there shall be substituted the word “ suppression ”.E+W+S

Marginal Citations

M52The relevant amending instruments are S.I. 1996/1516 and 1997/65.

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

7.  In regulation 140A M53 for the words “regulation 56A(6) of the Social Security (Adjudication) Regulations 1995" there shall be substituted the words “ regulation 7(8) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ”.E+W+S

Marginal Citations

M53Regulation 140A was inserted by S.I. 1997/2863.

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

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

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

11.  In paragraph 13(1)(a)(i) M54 of Schedule 2 for the word “review" there shall be substituted the word “ revision ”.E+W+S

Marginal Citations

M54The relevant amending instrument is S.I. 1996/1516.

Article 3(13)

SCHEDULE 13E+W+SMODIFICATION OF THE EMPLOYMENT PROTECTION (RECOUPMENT OF JOBSEEKER’S ALLOWANCE AND INCOME SUPPORT) REGULATIONS 1996

[F41.  As if in the heading to Part IV (determination and review of benefit recouped) the words “AND REVIEW" were omitted.E+W+S

Textual Amendments

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

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

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

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

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

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

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

Textual Amendments

Article 3(14)

SCHEDULE 14E+W+SMODIFICATION OF THE SOCIAL SECURITY (BACK TO WORK BONUS) (NO. 2) REGULATIONS 1996

[F41.  As if in regulations 5(4)(c)(ii) and (6) M55, 8(5)(b) and 25(1) for the words “the adjudication officer" there were substituted the words “ the Secretary of State ”.E+W+S

Textual Amendments

Marginal Citations

M55Regulation 5 was amended by S.I. 1997/454.

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

Textual Amendments

3.  As if in regulation 9(2) the words “upon the adjudication officer" were omitted.]E+W+S

Textual Amendments

Article 3(15)

SCHEDULE 15E+W+SMODIFICATION OF THE SOCIAL SECURITY (COMPUTATION OF EARNINGS) REGULATIONS 1996

[F41.  Subject to the following provisions of this Schedule, as if for the words “the adjudicating authority" and “an adjudicating authority" in each place where they occur there were substituted the words “ the Secretary of State ”.E+W+S

Textual Amendments

2.  As if in regulation 2(1) (interpretation), the definition of “adjudicating authority" were omitted.E+W+S

Textual Amendments

3.  As if in regulation 4 (notional earnings)—E+W+S

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

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

Textual Amendments

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

Textual Amendments

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

Textual Amendments

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

Textual Amendments

7.  As if regulation 16 (transitional provision to suspend benefit and make interim payments) were omitted.]E+W+S

Textual Amendments

Article 4

SCHEDULE 16E+W+STRANSITIONAL PROVISIONS IN RELATION TO RELEVANT BENEFIT

1.  In this Schedule—E+W+S

  • “the Adjudication Regulations" means the Social Security (Adjudication) Regulations 1995 M56;

  • “the Claims and Payments Regulations" means the Social Security (Claims and Payments) Regulations 1987 M57;

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

any reference to a decision includes a reference to a decision which fell to be made under the Social Security (Introduction of Disability Living Allowance) Regulations 1991 M58 or the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 M59.

Marginal Citations

M56S.I. 1995/1801: regulations 3 and 10 were amended by S.I. 1996/182 and 2450.

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

(a)on a claim for; or

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

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

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

(a)where the application is made—

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

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

for a revision of that decision under section 9; or

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

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

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

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

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

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

(a)it is reasonable to grant that application;

(b)the application for review has merit; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a)on a claim for; F5...

[F6(aa)under or by virtue of Part III of the Social Security Act 1975; or]

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

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

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

Textual Amendments

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

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

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

(a)references to—

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

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

(b)in paragraph (3E) M60 for the words from “6 years" to the end of the paragraph there were substituted the words “ 18th November 2000 ”.

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

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

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

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

Marginal Citations

M60Regulation 3E was inserted by S.I. 1996/182.

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

7.—(1) This paragraph applies where a clerk to a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal has before 18th October 1999 given a direction under regulation 22(1), regulation 29(1) or regulation 38(1) M61, as the case may be, of the Adjudication Regulations in connection with an appeal in relation to a relevant benefit to that tribunal, and the notification mentioned in paragraph (1A) M62 of that regulation 22, paragraph (1A) M62 of that regulation 29 or paragraph (1A) M62 of that regulation 38 has not been received by the clerk before that date.E+W+S

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

(a)in writing; and

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

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

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

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

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

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

Marginal Citations

M61Regulation 38(1) was substituted by S.I. 1996/2450.

M62Paragraph (1A) was inserted by S.I. 1996/2450.

8.  Where an appeal to a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal in relation to a relevant benefit has been struck out under regulation 7 M63 of the Adjudication Regulations, a legally qualified panel member may on or after 18th October 1999, on an application made by any party to the proceedings not later than three months from the date of the order under paragraph (1) of that regulation, reinstate the appeal if he is satisfied that—E+W+S

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

(b)the conditions in paragraph (2A) M64 of that regulation were not satisfied,

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

Marginal Citations

M63Regulation 7 was amended by S.I. 1996/2450.

M64Paragraph (2A) was inserted by S.I. 1996/2450.

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

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

11.  A copy of a statement of—E+W+S

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

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

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

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

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

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

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

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

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

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

Article 4

SCHEDULE 17E+W+STRANSITIONAL PROVISIONS IN RELATION TO VACCINE DAMAGE PAYMENTS

1.  An application duly made for a reconsideration of a determination that a payment should not be made under section 1(1) of the Vaccine Damage Payments Act which was not determined before 18th October 1999 shall be treated as an application under section 3A (decisions reversing earlier decisions) of that Act M65 for a reversal of a decision.E+W+S

Marginal Citations

M65Section 3A is inserted by section 45 of the Act.

2.  An application—E+W+S

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

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

shall be treated as an appeal under section 4 M66 (appeals to appeal tribunals) of that Act to an appeal tribunal.

Marginal Citations

M66Section 4 is substituted by section 46 of the Act.

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

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

Article 4

SCHEDULE 18E+W+STRANSITIONAL PROVISION IN RELATION TO CREDITS OF CONTRIBUTIONS OR EARNINGS AND HOME RESPONSIBILITIES PROTECTION

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

(a)a person is entitled to be credited with earnings or contributions in accordance with regulations made under section 22(5) of the Contributions and Benefits Act; or

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

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

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Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

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Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

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Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
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Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel gwnaed fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill

The data on this page is available in the alternative data formats listed: