The Social Security Act 1998 (Commencement Nos. 9 and 11) (Amendment) Order 2006

Amendment of Social Security Act 1998 (Commencement No. 9 etc.) Order 1999

2.—(1) The Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999(1) is amended as follows.

(2) In Article 1(2) (citation and interpretation) after paragraph (c) add—

“(d) “relevant benefit” also means the following benefits under the Social Security Act 1975(2)—

(i) sickness benefit under section 14;

(ii) unemployment benefit under section 14;

(iii) invalidity pension under section 15; and

(iv) invalidity allowance under section 16.”.

(3) In Article 3 (consequential amendments and modifications)—

(a) in paragraph (1), at the beginning, insert “Subject to paragraph (15)”; and

(b) after paragraph (14) add—

“(15) The amendments in paragraph (16) shall take effect as from 16th October 2006.

(16) In the Social Security (Incapacity Benefit) (Transitional) Regulations 1995(3)—

(a) in regulation 11 (transitional awards of short-term incapacity benefit) after paragraph (5) add—

“(6) The transitional award under paragraph (1) is treated as a decision of the Secretary of State under section 8(1) of the Social Security Act 1998 (decisions by Secretary of State) and as an incapacity decision for the purposes of the Social Security and Child Support (Decisions and Appeals) Regulations 1999(4)”; and

(b) in regulation 17(5) (transitional awards of long-term incapacity benefit) after paragraph (4) add—

“(5) The transitional award under paragraph (1) is treated as a decision of the Secretary of State under section 8(1) of the Social Security Act 1998 (decision by Secretary of State) and as an incapacity decision for the purposes of the Social Security and Child Support (Decisions and Appeals) Regulations 1999.”.”.

(4) In paragraph 4(1) of Schedule 14 (transitional provisions)—

(a) in sub-paragraph (a) omit “or”; and

(b) after sub-paragraph (a) insert—

“(aa) under or by virtue of Part III of the Social Security Act 1975; or”.

(1)

S.I. 1999/2422 (C.61). Article 3 was amended by S.I. 1999/3178.

(2)

1975 c.14. These provisions were consolidated in the Social Security Contributions and Benefits Act 1992 (c.4).

(3)

S.I. 1995/310. Paragraph (4) was amended and paragraph (5) was inserted by S.I. 1996/3207.

(4)

S.I. 1999/991.

(5)

Regulation 17 was amended by S.I. 1996/3207.