- Latest available (Revised)
- Point in Time (29/11/1999)
- Original (As enacted)
Version Superseded: 01/12/1999
Point in time view as at 29/11/1999.
Social Security Act 1998, Chapter I is up to date with all changes known to be in force on or before 18 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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The following functions are hereby transferred to the Secretary of State, namely—
(a)the functions of adjudication officers appointed under section 38 of the Social Security Administration Act 1992 (“the Administration Act”);
(b)the functions of social fund officers appointed under section 64 of that Act; and
(c)the functions of child support officers appointed under section 13 of the Child Support Act 1991 (“the Child Support Act”).
Modifications etc. (not altering text)
C1S. 1(a): transfer of functions (5.10.1999) by Tax Credits Act 1999 (c. 10), ss. 2(1)(b), 20(2), Sch. 2 para. 5(a) (with s. 19)
Commencement Information
I1S. 1 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(2), Sch. 1 (with art. 4, Schs. 21-23)
I2S. 1(a) in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)
I3S. 1(a) in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)
I4S. 1(a) in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)
I5S. 1(a) in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)
I6S. 1(c) in force at 1.6.1999 by S.I. 1999/1510, art. 2(a) (with arts. 48-51)
(1)Any decision, determination or assessment falling to be made or certificate falling to be issued by the Secretary of State under or by virtue of a relevant enactment, or in relation to a war pension, may be made or issued not only by an officer of his acting under his authority but also—
(a)by a computer for whose operation such an officer is responsible; and
(b)in the case of a decision, determination or assessment that may be made or a certificate that may be issued by a person providing services to the Secretary of State, by a computer for whose operation such a person is responsible.
(2)In this section “relevant enactment” means any enactment contained in—
(a)Chapter II of this Part;
(b)the Social Security Contributions and Benefits Act 1992 (“the Contributions and Benefits Act”);
(c)the Administration Act;
(d)the Child Support Act;
(e)the Social Security (Incapacity for Work) Act 1994;
(f)the Jobseekers Act 1995 (“the Jobseekers Act”);
(g)the Child Support Act 1995; or
(h)the Social Security (Recovery of Benefits) Act 1997.
(3)In this section and section 3 below “war pension” has the same meaning as in section 25 of the Social Security Act 1989 (establishment and functions of war pensions committees).
Modifications etc. (not altering text)
C2S. 2 applied (with modifications) (4.3.1999 for specified purposes, 5.7.1999 for specified purposes) by Pension Schemes Act 1993 (c. 48), s. 170(1) (as substituted by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 131 (with s. 83, Sch. 6); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12))
Commencement Information
I7S. 2 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)
I8S. 2(1)(2)(b)-(h)(3) in force at 8.9.1998 by S.I. 1998/2209, art. 2(a), Sch. Pt. I
I9S. 2(2)(a) in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)
I10S. 2(2)(a) in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)
I11S. 2(2)(a) in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)
I12S. 2(2)(a) in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)
(1)Subsection (2) below applies to information relating to social security, child support or war pensions which is held—
(a)by the Secretary of State or the Northern Ireland Department; or
(b)by a person providing services to the Secretary of State or the Northern Ireland Department in connection with the provision of those services.
(2)Information to which this subsection applies—
(a)may be used for the purposes of, or for any purposes connected with, the exercise of functions in relation to social security, child support or war pensions; and
(b)may be supplied to, or to a person providing services to, the Secretary of State or the Northern Ireland Department for use for those purposes.
(3)The following sections, namely—
(a)section 122C of the Administration Act (supply of information to authorities administering benefit); and
(b)section 122D of that Act (supply of information by authorities administering benefit),
shall each have effect as if the reference in subsection (1) to social security included references to child support and war pensions.
(4)In this section “the Northern Ireland Department” means the Department of Health and Social Services for Northern Ireland.
Modifications etc. (not altering text)
C3S. 3(1) extended by Social Security Administration Act 1992 (c. 5), s. 2B(9) (as inserted (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 57, 89(4)(a))
Commencement Information
I13S. 3 in force at 8.9.1998 by S.I. 1998/2209, art. 2(a), Sch. Pt. I
(1)Subject to the provisions of this Act—
(a)the functions of social security appeal tribunals, disability appeal tribunals and medical appeal tribunals constituted under Part II of the Administration Act;
(b)the functions of child support appeal tribunals established under section 21 of the Child Support Act; and
(c)the functions of vaccine damage tribunals established by regulations made under section 4 of the [1979 c. 17.] Vaccine Damage Payments Act 1979 (“the Vaccine Damage Payments Act”),
are hereby transferred to appeal tribunals constituted under the following provisions of this Chapter.
(2)Accordingly appeals under—
(a)section 12 below;
(b)section 20 of the Child Support Act, as substituted by section 42 below;
(c)section 4 of the Vaccine Damage Payments Act, as substituted by section 46 below; and
(d)section 11 of the [1997 c. 27.] Social Security (Recovery of Benefits) Act 1997,
shall be determined by appeal tribunals so constituted (in the following provisions of this Chapter referred to as “appeal tribunals”).
Commencement Information
I14S. 4 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(2), Sch. 1 (with art. 4, Schs. 21-23)
I15S. 4(1)(a)(2)(a) in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)
I16S. 4(1)(a)(2)(a) in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)
I17S. 4(1)(a)(2)(a) in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)
I18S. 4(1)(a)(c)(2)(a)(c) in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)
I19S. 4(1)(b)(2)(b) in force at 1.6.1999 by S.I. 1999/1510, art. 2(b) (with arts. 48-51)
(1)The Lord Chancellor may, after consultation with the Lord Advocate, appoint a President of appeal tribunals.
(2)A person is qualified to be appointed President if—
(a)he has a 10 year general qualification (construed in accordance with section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990); or
(b)he is an advocate or solicitor in Scotland of at least 10 years' standing.
(3)Schedule 1 to this Act shall have effect for supplementing this section.
Modifications etc. (not altering text)
C4S. 5(1): functions of Lord Advocate transferred (19.5.1999) by The Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678), arts. 1, 2(1), Sch.
C5S. 5(1): functions treated as exercisable in or as regards Scotland (30.6.1999) by The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), arts. 1, 3, Sch. 1 para. 19
C6S. 5(1): functions transferred in relation to Scotland (1.7.1999) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3
Commencement Information
I20S. 5 in force at 1.6.1999 by S.I. 1999/1510, art. 2(c) (with arts. 48-51)
I21S. 5 in force at 29.11.1999 for further specified purposes by S.I. 1999/3178, art. 2(1)(b) (with art. 4, Schs. 21-23)
(1)The Lord Chancellor shall constitute a panel of persons to act as members of appeal tribunals.
(2)Subject to subsection (3) below, the panel shall be composed of such persons as the Lord Chancellor thinks fit to appoint after consultation, in the case of medical practitioners, with the Chief Medical Officer.
(3)The panel shall include persons possessing such qualifications as may be prescribed by regulations made with the concurrence of the Lord Chancellor.
(4)The numbers of persons appointed to the panel, and the terms and conditions of their appointments, shall be determined by the Lord Chancellor with the consent of the Secretary of State.
(5)A person may be removed from the panel by the Lord Chancellor on the ground of incapacity or misbehaviour.
(6)In this section “the Chief Medical Officer” means—
(a)in relation to England, the Chief Medical Officer of the Department of Health;
(b)in relation to Wales, the Chief Medical Officer of the Welsh Office; and
(c)in relation to Scotland, the Chief Medical Officer of the [F1Scottish Administration].
Textual Amendments
F1Words in s. 6(6)(c) substituted (1.7.1999) by The Scotland Act 1998 (Consequential Modifications) (No.1) Order 1999 (S.I. 1999/1042), art. 1(2)(c), Sch. 3 Pt. I para. 4; S.I. 1998/3178, art. 3
Commencement Information
I22S. 6(3) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.
I23S. 6 in force at 1.6.1999 in so far as not already in force by S.I. 1999/1510, art. 2(c) (with arts. 48-51)
I24S. 6 in force at 29.11.1999 for further specified purposes by S.I. 1999/3178, art. 2(1)(b) (with art. 4, Schs. 21-23)
(1)Subject to subsection (2) below, an appeal tribunal shall consist of one, two or three members drawn by the President from the panel constituted under section 6 above.
(2)The member, or (as the case may be) at least one member, of an appeal tribunal must—
(a)have a general qualification (construed in accordance with section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990); or
(b)be an advocate or solicitor in Scotland.
(3)Where an appeal tribunal has more than one member—
(a)the President shall nominate one of the members as chairman;
(b)decisions shall be taken by a majority of votes; and
(c)unless regulations otherwise provide, the chairman shall have any casting vote.
(4)Where it appears to an appeal tribunal that a matter before it involves a question of fact of special difficulty, then, unless regulations otherwise provide, the tribunal may require one or more experts to provide assistance to it in dealing with the question.
(5)In subsection (4) above “expert” means a member of the panel constituted under section 6 above who appears to the appeal tribunal concerned to have knowledge or experience which would be relevant in determining the question of fact of special difficulty.
(6)Regulations shall make provision with respect to—
(a)the composition of appeal tribunals;
(b)the procedure to be followed in allocating cases among differently constituted tribunals; and
(c)the manner in which expert assistance is to be given under subsection (4) above.
(7)Schedule 1 to this Act shall have effect for supplementing this section.
Commencement Information
I25S. 7(6) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.
I26S. 7(7) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.
I27S. 7 in force at 1.6.1999 in so far as not already in force by S.I. 1999/1510, art. 2(c) (with arts. 48-51)
I28S. 7 in force at 29.11.1999 for further specified purposes by S.I. 1999/3178, art. 2(1)(b) (with art. 4, Schs. 21-23)
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