The Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999

Citation and interpretation

1.—(1) This Order may be cited as the Social Security Act 1998 (Commencement No. 9, and Savings 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 Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999(1);

(c) “relevant benefit” means any of the benefits to which article 2(c) of this Order refers,

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

Appointed day

2.  6th September 1999 is the day appointed for the coming into force of—

(a) section 31;

(b) section 39(3) in so far as it provides that section 61A of the Administration Act(2) shall cease to have effect, and section 86(2) and Schedule 8 in so far as they repeal that section 61A; and

(c) the provisions specified in Schedule 1 to this Order, in so far as those provisions are not already in force, for the purposes of—

(i) benefits under Part II of the Contributions and Benefits Act except child’s special allowance;

(ii) severe disablement allowance under sections 68 and 69 of that Act;

(iii) benefits for the aged under sections 78 and 79 of that Act;

(iv) increases for dependants under Part IV of that Act; and

(v) graduated retirement benefit under sections 36 and 37 of the National Insurance Act 1965(3).

Consequential amendments and modifications

3.—(1) The amendments and modifications made by the following paragraphs of this article shall take effect as from 6th September 1999.

(2) The Social Security Benefit (Dependency) Regulations 1977(4) shall as they relate to any of the relevant benefits be modified in accordance with Schedule 2 to this Order.

(3) Section 36(10) of the National Insurance Act 1965 as continued in force by virtue of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 shall be omitted.

(4) The Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979(5) shall be amended in accordance with Schedule 3 to this Order.

(5) The Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations 1979(6) shall be amended in accordance with Schedule 4 to this Order.

(6) The Social Security (Severe Disablement Allowance) Regulations 1984(7) shall be amended in accordance with Schedule 5 to this Order.

(7) The Income Support (General) Regulations 1987(8) shall be amended in accordance with Schedule 6 to this Order.

(8) The Social Security (Claims and Payments) Regulations 1987(9) shall as they relate to any of the relevant benefits be modified in accordance with Schedule 7 to this Order.

(9) The Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988(10) shall as they relate to any of the relevant benefits be modified in accordance with Schedule 8 to this Order.

(10) The Social Security (Incapacity Benefit-Increases for Dependants) Regulations 1994(11) shall be amended in accordance with Schedule 9 to this Order.

(11) The Social Security (Incapacity for Work) (General) Regulations 1995(12) shall be amended in accordance with Schedule 10 to this Order.

(12) The Disability Working Allowance and Income Support (General) Amendment Regulations 1995(13) shall be amended in accordance with Schedule 11 to this Order.

(13) The Social Security (Persons From Abroad) Miscellaneous Amendments Regulations 1996(14) shall be amended in accordance with Schedule 12 to this Order.

(14) The Social Security Benefit (Computation of Earnings) Regulations 1996(15) shall as they relate to any of the relevant benefits be modified in accordance with Schedule 13 to this Order.

Transitional provisions

4.  Schedule 14 to this Order shall have effect as from 6th September 1999.

Savings

5.  Notwithstanding the coming into force of section 39(3) (Part II of the Administration Act to cease to have effect) or regulation 59 (revocations) of the Regulations—

(a) sections 18 and 19 of the Administration Act (appeals on questions of law, and review of decisions);

(b) sections 59 to 61 of, and Schedule 3 to, that Act (regulations about procedural and supplementary matters) as they relate to regulations made in relation to those sections; and

(c) any regulations made under or in connection with the operation of any of those sections or that Schedule,

shall continue to have effect with respect to any decision given before 6th September 1999 by the Secretary of State under section 17 of that Act (questions for the Secretary of State).

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

Angela Eagle

Parliamentary Under-Secretary of State,Department of Social Security

2nd September 1999