The Social Security (1998 Order) (Commencement No. 5) Order (Northern Ireland) 1999

Statutory Rules of Northern Ireland

1999 No. 168 (C. 16)

SOCIAL SECURITY

The Social Security (1998 Order) (Commencement No. 5) Order (Northern Ireland) 1999

Made

31st March 1999

The Department of Health and Social Services, in exercise of the powers conferred on it by Article 1(2) and (4) of the Social Security (Northern Ireland) Order 1998(1) and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Social Security (1998 Order) (Commencement No. 5) Order (Northern Ireland) 1999.

(2) In this Order “the Order” means the Social Security (Northern Ireland) Order 1998.

Appointed day

2.  The day appointed for the coming into operation of—

(a) Articles 66 (discretionary payments out of the social fund) and 67 (budgeting loans: criteria for making awards) of the Order;

(b) paragraph 53(3) and (4) of Schedule 6 to the Order (minor and consequential amendments) and Article 78(1) of the Order in so far as it relates to it; and

(c) in Schedule 7 the repeal of sections 135(3) and 136(4)(e) of the Contributions and Benefits Act and Article 78(2) in so far as it relates to them,

is 5th April 1999.

Transitional provisions and modifications

3.—(1) Any question arising upon—

(a) an application made before the appointed day for a payment out of the social fund; or

(b) a review of a determination made subject to directions and guidance in force before the appointed day,

shall be determined subject to directions and guidance in force immediately before the appointed day.

(2) Until such time as paragraph 54 of Schedule 6 is commenced section 136(1A) of the Contributions and Benefits Act shall have effect as if references to “an appropriate officer” and “the appropriate officer” were references respectively to “a social fund officer” and “the social fund officer”.

(3) In paragraph (1) “subject to directions and guidance” means—

(a) directions given under section 134(1)(b) of the Contributions and Benefits Act and section 64 of the Administration Act;

(b) general directions issued under section 136(2) of the Contributions and Benefits Act and sections 64 and 147(5) of the Administration Act; and

(c) guidance issued under section 134(1)(b) of the Contributions and Benefits Act,

and taking account of guidance and general guidance issued under section 64 of the Administration Act and general guidance issued under section 136(2) of the Contributions and Benefits Act and section 62(3) of the Administration Act.

Sealed with the Official Seal of the Department of Health and Social Services on

L.S.

John O'Neill

Assistant Secretary

31st March 1999.

Explanatory Note

(This note is not part of the Order.)

This Order provides for the coming into operation on 5th April 1999 of provisions of the Social Security (Northern Ireland) Order 1998 which amend the Social Security Contributions and Benefits (Northern Ireland) Act 1992 to provide for payments to be made out of the social fund by way of community care grants, crisis loans or budgeting loans.

The Order also makes transitional provisions and modifications.

Note as to Earlier Commencement Orders

(This note is not part of the Order.)

The following provisions of the Social Security (Northern Ireland) Order 1998 have been brought into operation by earlier commencement orders as from the dates shown.

Provision	Date of Commencement	S.R. Number
Article 4(1) and (2)(b) to (h)	9.9.98	1998 No. 312 (C. 15)
Article 7(3) (partially)	10.3.99	1999 No. 102 (C. 13)
Article 8(6) (partially)	10.3.99	1999 No. 102 (C. 13)
Article 8(7) and Schedule 1 (partially)	10.3.99	1999 No. 102 (C. 13)
Article 10(1), (4) and (6) (partially)	10.3.99	1999 No. 102 (C. 13)
Article 11(3) and (6) (partially)	10.3.99	1999 No. 102 (C. 13)
Article 12(1) (partially)	10.3.99	1999 No. 102 (C. 13)
Article 13(1) to (3), (6) and (7) and Schedules 2 and 3 (partially)	10.3.99	1999 No. 102 (C. 13)
Article 15(3), (10) and (11) (partially)	10.3.99	1999 No. 102 (C. 13)
Article 16(1) to (3) and (9) and Schedule 4 (partially)	10.3.99	1999 No. 102 (C. 13)
Article 16(4)(a) and (5)	9.9.98	1998 No. 312 (C. 15)
Article 16(4)(b)	6.4.99	1998 No. 312 (C. 15)
Article 17 (partially)	10.3.99	1999 No. 102 (C. 13)
Article 18(1) (partially)	10.3.99	1999 No. 102 (C. 13)
Article 20 to 24 (partially)	10.3.99	1999 No. 102 (C. 13)
Article 25(3)(b) and (5)(c) (partially)	10.3.99	1999 No. 102 (C. 13)
Article 26(6)(c) (partially)	10.3.99	1999 No. 102 (C. 13)
Article 28 (partially)	10.3.99	1999 No. 102 (C. 13)
Article 31(2) and (3) (partially)	10.3.99	1999 No. 102 (C. 13)
Article 38(1)(a) and (3) (partially)	10.3.99	1999 No. 102 (C. 13)
Article 40	16.11.98 and 7.12.98	1998 No. 395 (C. 19)
Article 41 to 44 (partially)	10.3.99	1999 No. 102 (C. 13)
Article 45 and 46	9.9.98	1998 No. 312 (C. 15)
Article 47(1) (partially)	9.9.98	1998 No. 312 (C. 15)
Article 48	24.2.99 and 6.4.99	1999 No. 72 (C. 9)
Article 49	9.9.98	1998 No. 312 (C. 15)
Article 50	9.9.98 and 6.4.99	1998 No. 312 (C. 15)
Article 51	10.3.99 and 6.4.99	1999 No. 102 (C. 13)
Article 52	9.9.98	1998 No. 312 (C. 15)
Article 53	10.3.99 and 6.4.99	1999 No. 102 (C. 13)
Article 54	10.3.99 and 6.4.99	1999 No. 102 (C. 13)
Article 56	10.3.99 and 6.4.99	1999 No. 102 (C. 13)
Article 57 (partially)	10.3.99 and 6.4.99	1999 No. 102 (C. 13)
Article 58	6.4.99	1999 No. 102 (C. 13)
Article 59	10.3.99 and 6.4.99	1999 No. 102 (C. 13)
Article 60	6.4.99	1999 No. 102 (C. 13)
Article 61	9.9.98 and 6.4.99	1998 No. 312 (C. 15)
Article 64	9.9.98	1998 No. 312 (C. 15)
Article 69	6.4.99	1998 No. 312 (C. 15)
Article 70 (partially)	10.3.99	1999 No. 102 (C. 13)
Article 71	5.10.98	1998 No. 312 (C. 15)
Article 72	16.11.98	1998 No. 395 (C. 19)
Article 78(1) and Schedule 6 (partially)	9.9.98, 16.11.98, 10.3.99 and 6.4.99	1998 No. 312 (C. 15) 1998 No. 395 (C. 19) 1999 No. 72 (C. 9) 1999 No. 102 (C. 13)
Article 78(2) and Schedule 7 (partially)	9.9.98 and 6.4.99	1998 No. 312 (C. 15) 1999 No. 72 (C. 9) 1999 No. 102 (C. 13)

(1)

S.I. 1998/1506 (N.I. 10)