The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999

Citation and interpretation E+W+S

1.—(1) This Order may be cited as the Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999.

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

(a) “the Act" means the Social Security Act 1998;

(b) “the 1997 Regulations" means the Social Security (Recovery of Benefits) (Appeals) Regulations 1997 M1 ;

(c) “the Adjudication Regulations" means the Social Security (Adjudication) Regulations 1995 M2 ;

(d) “legally qualified panel member" has the meaning it bears in regulation 1(3) of the Regulations;

(e) “the No. 8 Order" means the Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999 M3 ;

(f) “the No. 9 Order" means the Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999 M4 ;

(g) “the No. 11 Order" means the Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 M5 ;

(h) “the Regulations" means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 M6 ; and

(i) “relevant benefit" means income support, child’s special allowance under section 56 of the Contributions and Benefits Act or, as the case may be, a social fund payment mentioned in section 138(1)(a) or (2) of that Act,

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

Marginal Citations

M1 S.I. 1997/2237.

M2 S.I. 1995/1801; relevant amending instruments are S.I. 1996/182 and 2450.

M3 S.I. 1999/1958 (C. 51).

M4 S.I. 1999/2422 (C. 61).

M5 S.I. 1999/2860 (C. 75).

M6 S.I. 1999/991; to which there are amendments not relevant to this Order.

Appointed day E+W+S

2.—(1) Subject to paragraph (2) below, 29th November 1999 is the day appointed for the coming into force of the–

(a) the provisions specified in Schedule 1 to this Order; and

(b) sections 1 and 4 to 7 in relation to–

(i) statutory sick pay under Part XI of the Contributions and Benefits Act; and

(ii) statutory maternity pay under Part XII of that Act,

in so far as those provisions are not already in force.

(2) Paragraph (1)(a) above shall not apply in relation to–

(a) housing benefit;

(b) council tax benefit; nor

(c) decisions to which article 4(6) of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (Commencement No. 1 and Transitional Provisions) Order 1999 M7 applies.

(3) 31st March 2000 is the day appointed for the coming into force of paragraph 10 of Schedule 1 (appeal tribunals: supplementary provisions) and sections 5(3) and 7(7) in so far as they relate to it.

Marginal Citations

M7 S.I. 1999/527 (C. 11).

Consequential amendments E+W+S

3.—(1) The amendments and revocations effected by this Order–

(a) shall take effect as from 29th November 1999; and

(b) shall not have effect in relation to–

(i) working families’ tax credit;

(ii) disabled person’s tax credit;

(iii) decisions to which article 4(6) of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (Commencement No. 1 and Transitional Provisions) Order 1999 applies.

(2) The Social Security Benefit (Dependency) Regulations 1977 M8 shall be amended in accordance with Schedule 2 to this Order.

(3) The Social Security (General Benefit) Regulations 1982 M9 shall be amended in accordance with Schedule 3 to this Order.

(4) The Social Fund Maternity and Funeral Expenses (General) Regulations 1987 M10 shall be amended in accordance with Schedule 4 to this Order.

(5) The Income Support (General) Regulations 1987 M11 shall be amended in accordance with Schedule 5 to this Order.

(6) The Social Security (Claims and Payments) Regulations 1987 M12 shall be amended in accordance with Schedule 6 to this Order.

F1 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The Social Fund (Application for Review) Regulations 1988 M13 shall be amended in accordance with Schedule 8 to this Order.

(9) The Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988 M14 shall be amended in accordance with Schedule 9 to this Order.

(10) The Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 M15 shall be amended in accordance with Schedule 10 to this Order.

(11) The Community Charges (Deductions from Income Support) (No. 2) Regulations 1990 M16 shall be amended in accordance with Schedule 11 to this Order.

(12) The Fines (Deductions from Income Support) Regulations 1992 M17 shall be amended in accordance with Schedule 12 to this Order.

(13) The Council Tax (Deductions from Income Support) Regulations 1993 M18 shall be amended in accordance with Schedule 13 to this Order.

(14) The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 M19 shall be amended in accordance with Schedule 14 to this Order.

(15) The Social Security (Back to Work Bonus) (No. 2) Regulations 1996 M20 shall be amended in accordance with Schedule 15 to this Order.

(16) The Social Security Benefit (Computation of Earnings) Regulations 1996 M21 shall be amended in accordance with Schedule 16 to this Order.

(17) The Social Security (Recovery of Benefits) Regulations 1997 M22 shall be amended in accordance with Schedule 17 to this Order.

(18) The Social Fund Winter Fuel Payment Regulations 1998 M23 shall be amended in accordance with Schedule 18 to this Order.

(19) The Social Security and Child Support (Decisions and Appeals) Regulations 1999 shall be amended in accordance with Schedule 19 to this Order.

(20) The No. 8 Order, the No. 9 Order and the No. 11 Order shall be amended in accordance with Schedule 20 to this Order.

Textual Amendments

F1 Art. 3(7) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

Modifications etc. (not altering text)

C1 Art. 3(6) modified (7.4.2003 for specified purposes) by The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (S.I. 2003/492), regs. 1, 43, Sch. 3 Pt. 1 (with regs. 1(2), 44)

C2 Art. 3(9) modified (7.4.2003 for specified purposes) by The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (S.I. 2003/492), regs. 1, 43, Sch. 3 Pt. 1 (with regs. 1(2), 44)

Marginal Citations

M8 S.I. 1977/343; amendment was made by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 8, paragraph 1(3)(a).

M9 S.I. 1982/1408; relevant amending instruments are S.I. 1983/186 and 1993/1985.

M10 S.I. 1987/481; relevant amending instrument is S.I. 1997/2538.

M11 S.I. 1987/1967; relevant amending instruments are S.I. 1989/534, 663, 1678, 1990/671, 1993/2119, 1995/516, 2303, 1996/206, 462 and 1997/65 and 2863.

M12 S.I. 1987/1968; relevant amending instruments are S.I. 1988/522, 1989/136 and 1686, 1990/2208, 1991/387, 2741 and 2284, 1992/247, 1026 and 2595, 1993/1113 and 2113, 1994/2319 and 2943, 1995/1613, 1996/1460 and 2306 and 1998/1174 and 1381.

M13 S.I. 1988/34; relevant amending instruments are S.I. 1988/1843 and 1990/580.

M14 S.I. 1988/664; relevant amending instruments are S.I. 1991/2742, 1996/30 and 1345.

M15 S.I. 1989/507 (S. 59); relevant amending instruments are S.I. 1990/113, 1992/1026, 1993/2113 and 1996/2344.

M16 S.I. 1990/545; relevant amending instruments are S.I. 1992/1026, 1993/2113 and 1996/2344.

M17 S.I. 1992/2182; relevant amending instruments are S.I. 1993/495, 1996/2344 and 1997/827.

M18 S.I. 1993/494; relevant amending instruments are S.I. 1996/2344 and 1997/827.

M19 S.I. 1996/2349.

M20 S.I. 1996/2570; the relevant amending instrument is S.I. 1997/454.

M21 S.I. 1996/2745.

M22 S.I. 1997/2205.

M23 S.I. 1998/19, to which there are amendments not relevant to this Order.

Transitional provisions E+W+S

4.  Schedules 21 to 23 to this Order shall take effect as from 29th November 1999.

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

Angela Eagle

Parliamentary Under-Secretary of State,

Department of Social Security