1999 No. 2739 (C.67)
The Social Security Act 1998 (Commencement No. 10 and Transitional Provisions) Order 1999
Made
The Secretary of State for Social Security, in exercise of the powers conferred on him by sections 79(3) and (4) and 87(2) and (3) of the Social Security Act 19981 and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation and interpretation1
1
This Order may be cited as the Social Security Act 1998 (Commencement No. 10 and Transitional Provisions) Order 1999.
2
In this Order, unless the context otherwise requires “the Act” means the Social Security Act 1998; and references to sections and Schedules are references to sections of, and Schedules to, the Act.
Appointed day2
5th October 1999 is the day appointed for the coming into force of the provisions specified in Schedule 1 to this Order, in so far as those provisions are not already in force, for the purposes of family credit and disability working allowance under Part VII of the Contributions and Benefits Act.
Transitional provisions3
Schedule 2 to this Order shall have effect as from 5th October 1999.
Signed by authority of the Secretary of State for Social Security.
SCHEDULE 1PROVISIONS BROUGHT INTO FORCE ON 5TH OCTOBER 1999 FOR THE PURPOSES SPECIFIED IN ARTICLE 2
Provision of the Act | Subject matter |
|---|---|
Section 1(a) | Transfer of functions of adjudication officers to Secretary of State |
Section 2(2)(a) | Use of computers |
Section 4(1)(a), in so far as it relates to social security appeal tribunals and disability appeal tribunals, and (2)(a) | Unified appeal tribunals |
Section 8(1)(a) and (c), (2), (3)(d) and (e), (4) and (5)2 | Decisions by the Secretary of State |
Sections 9 and 10(a) | Revision of decisions and decisions superseding earlier decisions |
Section 11(1) and (2), and (3) except the definition of “the current legislation” in so far as it relates to the Jobseekers Act, the Social Security (Recovery of Benefits) Act 19973 and the definition of “the former legislation” in so far as it relates to the National Insurance Acts 19654 to 1974, the National Insurance (Industrial Injuries) Acts 19655 to 1974 and the Social Security Act 19756 | Regulations with respect to decisions, and assistance from experts |
Section 12(1)(a) (in so far as it relates to paragraphs 6(a), 8 and 9 of Schedule 2) and (b) (in so far as it relates to paragraphs 1, 2, 3(a) and (c), 4, 5 (except in so far as that paragraph relates to section 71A of the Administration Act7), 6 and 9 of Schedule 3), (2), (3), (4) (except in so far as it relates to section 74 of the Administration Act) and (6) to (9)8 | Appeal to appeal tribunal |
Section 13 | Redetermination etc. of appeals by appeal tribunal |
Section 14 and Schedule 49 | Appeal from tribunal to Commissioner |
Section 15 | Appeal from Commissioner on point of law |
Section 16 and Schedule 5 | Procedure |
Section 17 | Finality of decisions |
Sections 18(1) and 1910 | Matters arising as respects decisions, and medical examination required by Secretary of State |
Section 20(1), (2) and (3)(a)11 | Medical examination required by appeal tribunal |
Sections 2111 to 27 (except Section 26(8)) | Suspension and termination of benefit, decisions and appeals involving issues that arise on appeal in other cases, and restrictions on entitlement to benefit in certain cases of error |
Section 2812 (except subsection (3)(c) to (e)) | Correction of errors and setting aside of decisions |
Section 3912 | Interpretation etc. of Chapter II of Part I of the Act |
Schedule 713 in the respects specified below, and section 86(1) in so far as it relates to them— | Minor and consequential amendments— |
paragraph 79(1) | Claims and payments |
paragraph 81 | Overpayments |
paragraphs 88 and 89 | Disclosure of information, and notification of deaths |
paragraphs 106 to 108 | Reciprocal agreements and travelling expenses |
paragraph 109 | Regulations and orders under the Administration Act |
paragraph 112 | Application to Northern Ireland |
paragraph 121(2)(a) and (c) | Tribunals under supervision of Council on Tribunals |
paragraph 123(1)(a) | Judicial pensions—other appointments |
paragraph 124(1)(a) | Judicial retirement—the relevant offices |
SCHEDULE 2TRANSITIONAL PROVISIONS
1
In this Schedule—
2
A decision which fell to be made before 5th October 1999 (but which was not made before that date)—
a
on a claim for; or
b
under or by virtue of Part II of the Administration Act in relation to,
family credit or disability working allowance (other than a decision which fell to be made on appeal) shall be made by the Secretary of State under paragraph (a) or, as the case may be, paragraph (c) of section 8(1).
3
1
Any application duly made before 5th October 1999 under Part II of the Administration Act for a review of a decision (other than a decision made on appeal) in relation to family credit or disability working allowance which was not decided before that date shall on or after that date be treated as an application to the Secretary of State—
a
where the application is made—
i
within three months of the date on which the applicant was notified of the decision, or within such longer period as may be allowed under sub-paragraph (3) below; and
ii
other than on the ground of a relevant change of circumstances,
for a revision of that decision under section 9; or
b
in any other case, for a decision under section 10 to supersede that decision.
2
Any application duly made before 5th October 1999 under Part II of the Administration Act for a review of a decision in relation to family credit or disability working allowance made on appeal shall on or after that date be treated as an application to the Secretary of State for a decision under section 10 to supersede that decision.
3
Subject to sub-paragraphs (4) and (5) below, the period of three months specified in sub-paragraph (1)(a) above may be extended where an application for such an extension is made before 5th November 2000 by a claimant or a person acting on his behalf containing—
a
the grounds on which an extension of time is sought; and
b
sufficient details of the decision to enable it to be identified.
4
An application for an extension of time shall not be granted under sub-paragraph (3) above unless the Secretary of State is satisfied that—
a
it is reasonable to grant that application;
b
the application for review has merit; and
c
special circumstances are relevant to the application for extension of time as a result of which it was not practicable for the application for review to be made within three months of the date of the adjudication officer’s decision being notified to the claimant.
5
In deciding whether to grant an extension of time no account shall be taken of the following factors—
a
that the claimant or any person acting for him misunderstood or was unaware of the law applicable to his case (including misunderstanding or being unaware of the period specified in sub-paragraph (1)(a) above); or
b
that a Commissioner or a court has taken a different view of the law from that previously understood and applied by the adjudication officer.
6
Where, by virtue of sub-paragraph (1)(b) or (2) above—
a
a decision is made under section 10 which is advantageous to the applicant; and
b
the same decision could have been made on a review prior to 5th October 1999,
that decision shall have effect as from the date on which it would have taken effect had the decision been so made.
4
1
A decision (other than a decision of a social security appeal tribunal, a disability appeal tribunal or a Commissioner), made before 5th October 1999—
a
on a claim for; or
b
under or by virtue of Part II of the Administration Act in relation to,
family credit or disability working allowance, shall be treated on or after that date as a decision of the Secretary of State under paragraph (a) or, as the case may be, paragraph (c) of section 8(1).
2
Where, before 5th October 1999, any person was required to give notice to the claimant of the decision referred to in sub-paragraph (1) above, and such notice has not been given to the claimant before that date, the Secretary of State shall on or after that date give notice to the claimant of that decision.
5
1
This paragraph applies where the time limit for making an appeal to a social security appeal tribunal or a disability appeal tribunal in respect of a decision relating to family credit or disability working allowance made before 5th October 1999 has not expired before that date.
2
Where sub-paragraph (1) above applies, regulation 3 of the Adjudication Regulations as it relates to the period within which an appeal may be made, or an extension of that period, shall, notwithstanding regulation 59 of the Regulations, continue to have effect, subject to the modifications in sub-paragraph (3) below, with respect to any appeal to an appeal tribunal made on or after 5th October 1999 in relation to that decision.
3
The modifications referred to in sub-paragraph (2) above are as if—
a
references to—
i
a chairman or to a person considering the application were references to a legally qualified panel member; and
ii
a tribunal were references to an appeal tribunal constituted under Chapter I of Part I of the Act; and
b
in paragraph (3E)16 for the words from “6 years” to the end of the paragraph there were substituted the words “5th November 2000”.
4
Notwithstanding regulation 3 of the Regulations, the Secretary of State may revise under section 9 a decision made before 5th October 1999 on a claim for or award of family credit or disability working allowance (other than a decision made on appeal)—
a
pursuant to an application for a review of a decision made within three months of the notification of that decision; or
b
where an appeal has been duly made against that decision but not determined.
5
Where a decision is revised pursuant to sub-paragraph (4) above the appeal shall lapse unless the decision as revised is not more advantageous to the appellant than the decision before it was revised.
6
An appeal to a social security appeal tribunal or a disability appeal tribunal in relation to family credit or disability working allowance which was duly made before 5th October 1999 and which has not been determined before that date shall, without prejudice to Chapter III of Part V of the Regulations, be treated on or after that date as an appeal duly made to an appeal tribunal in relation to a decision of the Secretary of State under section 8.
7
1
This paragraph applies where a clerk to a social security appeal tribunal or a disability appeal tribunal has before 5th October 1999 given a direction under regulation 22(1) or, as the case may be, regulation 29(1) of the Adjudication Regulations in connection with an appeal in relation to family credit or disability working allowance to that tribunal, and the notification mentioned in paragraph (1A) of that regulation 22 or paragraph (1A)17 of that regulation 29 has not been received by the clerk before that date.
2
A notification in response to such a direction given under that regulation 22(1) or regulation 29(1) shall be—
a
in writing; and
b
made within 14 days of receipt of the direction or within such other period as the clerk to an appeal tribunal may direct.
3
An appeal may be struck out by the clerk to an appeal tribunal where the notification referred to in sub-paragraph (2) above is not received within the period specified in that sub-paragraph.
4
An appeal which has been struck out in accordance with sub-paragraph (3) above shall be treated for the purpose of reinstatement as if it had been struck out under regulation 46 of the Regulations.
5
An oral hearing of the appeal shall be held where—
a
a notification is received by the clerk to the appeal tribunal under sub-paragraph (2) above; or
b
the chairman or, in the case of an appeal tribunal which has only one member, that member is satisfied that such a hearing is necessary to enable the appeal tribunal to reach a decision.
8
Where an appeal to a social security appeal tribunal or a disability appeal tribunal in relation to family credit or disability working allowance has been struck out under regulation 7 of the Adjudication Regulations, a legally qualified panel member may on or after 5th October 1999, on an application made by any party to the proceedings not later than three months from the date of the order under paragraph (1) of that regulation, reinstate the appeal if he is satisfied that—
a
the applicant did not receive a notice under paragraph (2) of that regulation; and
b
the conditions in paragraph (2A) of that regulation were not satisfied,
and the appeal shall then be treated as an appeal to an appeal tribunal in relation to a decision of the Secretary of State under section 8.
9
An appeal tribunal shall completely rehear any appeal to a social security appeal tribunal or a disability appeal tribunal in relation to family credit or disability working allowance which stands adjourned immediately before 5th October 1999.
10
A copy of a statement of—
a
the reasons for a decision of a social security appeal tribunal or, as the case may be, a disability appeal tribunal in relation to family credit or disability working allowance; and
b
its findings on questions of fact material thereto,
shall be supplied to each party to the proceedings before that tribunal, if requested by any such party within 21 days of the date on which notification of that decision was given or sent.
11
1
Subject to sub-paragraph (2) below, any decision of a social security appeal tribunal or a disability appeal tribunal in relation to family credit or disability working allowance shall be treated as a decision of an appeal tribunal made under section 12.
2
Where sub-paragraph (1) above applies, any application for leave to appeal which is made for the purposes of section 14(10)(a) shall be made no later than three months after the date on which a copy of the statement of the reasons for the decision of the social security appeal tribunal or, as the case may be, the disability appeal tribunal was given or sent to the applicant.
12
1
Subject to sub-paragraph (3) below, regulation 10 of the Adjudication Regulations, and regulation 3 of those Regulations in so far as it relates to that regulation 10, shall, notwithstanding regulation 59 of the Regulations, continue to have effect, subject to the modifications specified in sub-paragraph (2) below, in relation to any application to set aside a decision of a social security appeal tribunal or a disability appeal tribunal in relation to family credit or disability working allowance.
2
The modifications referred to in sub-paragraph (1) above are as if in—
a
regulation 3 for the reference to a chairman there were substituted a reference to a legally qualified panel member; and
b
regulation 10(1) the first reference to the adjudicating authority who gave the decision and the reference to an authority of like status were a reference to an appeal tribunal which consists of a legally qualified panel member.
3
Paragraph (1) above shall not apply in any case where an application to set aside a decision of a social security appeal tribunal or a disability appeal tribunal is made after 5th November 2000.
13
Where, immediately before 5th October 1999, payment of family credit or disability working allowance was suspended or withheld by virtue of any provision of Part V of the Social Security (Claims and Payments) Regulations 198718 (suspension and extinguishment), the provisions of Chapter I of Part III of the Regulations (suspension and termination) shall apply with respect to that suspension or withholding as if it were a suspension imposed by virtue of those provisions.
14
For the purpose of section 10(1)(b), a decision of a Commissioner as respects family credit or disability working allowance made before 5th October 1999 shall be treated as a decision of a Commissioner made under section 14.
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions have been brought into force by the Social Security Act 1998 (Commencement No. 1) Order 1998 (S.I.1998/2209), the Social Security Act 1998 (Commencement No. 2) Order 1998 (S.I.1998/2780), the Social Security Act 1998 (Commencement No. 3) Order 1999 (S.I.1999/418), the Social Security Act 1998 (Commencement No. 4) Order 1999 (S.I.1999/526), the Social Security Act 1998 (Commencement No. 5) Order 1999 (S.I.1999/528), the Social Security Act 1998 (Commencement No. 6) Order 1999 (S.I.1999/1055), the Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999 (S.I.1999/1510), the Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I.1999/1958) and the Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I.1999/2422).
Provision of Social Security Act 1998 | Date of Commencement | S.I. Number |
|---|---|---|
*19 Section 1(a) | 5th July and 6th September 1999 | |
Section 1(c) | 1st June 1999 | |
Section 2 (except section 2(2)(a)) | 8th September 1998 | |
*Section 2(2)(a) | 5th July and 6th September 1999 | |
Section 3 | 8th September 1998 | |
*Section 4(1)(a) and (2)(a) | 5th July and 6th September 1999 | |
Section 4(1)(b) and (2)(b) | 1st June 1999 | |
Section 5 | 1st June 1999 | |
Sections 6 and 7 | 4th March and 1st June 1999 | |
*Section 8(1)(a) and (c), (2) and (3)(a) | 5th July and 6th September 1999 | |
*Section 8(3)(g) | 5th July 1999 | |
*Section 8(4) and (5) | 5th July and 6th September 1999 | |
*Sections 9 to 12 | 4th March, 5th July and 6th September 1999 | |
*Section 13 | 5th July and 6th September 1999 | |
*Section 14 and Schedule 4 | 4th March, 5th July and 6th September 1999 | |
*Section 15 | 4th March, 5th July and 6th September 1999 | |
*Section 16 and Schedule 5 | 8th September 1998, 4th March, 6th April, 5th July and 6th September 1999 | |
*Sections 17 and 18(1) | 4th March, 5th July and 6th September 1999 | |
*Section 19 | 5th July and 6th September 1999 | |
*Sections 20 to 26 (except section 26(8)) | 4th March, 5th July and 6th September 1999 | |
Section 26(8) | 1st June 1999 | |
*Section 27 | 5th July and 6th September 1999 | |
*Section 28 | 4th March, 5th July and 6th September 1999 | |
*Sections 29 and 30 | 5th July 1999 | |
Section 31 | 4th March and 6th September 1999 | |
*Section 38(1)(a) and (3) | 4th March 1999 | |
*Section 39 | 5th July and 6th September 1999 | |
Section 40 | 16th November and 7th December 1998 | |
Sections 41 to 44 | 4th March and 1st June 1999 | |
*Section 45 in so far as it inserts section 3A(1), (3) and (4) into the Vaccine Damage Payments Act 197920 | 4th March 1999 | |
*Section 46 in so far as it substitutes section 4(2) and (3) of the Vaccine Damage Payments Act 1979 | 4th March 1999 | |
*Section 47 in so far as it inserts section 7A into the Vaccine Damage Payments Act 1979 | 4th March 1999 | |
Sections 48 and 49 | 8th September 1998 | |
Section 50(1) | 8th September 1998 | |
Section 51 | 23rd February and 6th April 1999 | |
Section 52 | 8th September 1998 | |
Section 53 | 8th September 1998 and 6th April 1999 | |
Section 54 | 4th March and 6th April 1999 | |
Section 55 | 8th September 1998 | |
Section 56 | 4th March and 6th April 1999 | |
Section 57 | 4th March and 6th April 1999 | |
Section 59 | 8th September 1998 | |
Section 60 | 4th March and 6th April 1999 | |
Section 61 | 4th March and 6th April 1999 | |
Section 62 | 6th April 1999 | |
Section 63 | 4th March and 6th April 1999 | |
Section 64 | 6th April 1999 | |
Section 65 | 8th September 1998 and 6th April 1999 | |
Section 68 | 8th September 1998 | |
Sections 70 and 71 | 5th April 1999 | |
Section 73 | 6th April 1999 | |
Section 74 | 4th March 1999 | |
Section 75 | 5th October 1998 | |
Section 76 | 16th November 1998 | |
*Schedule 1, paragraphs 1 to 9 and 11 to 13 | 4th March and 1st June 1999 | |
*Schedule 2, paragraphs 4, 5, 6(a) and 9 | 4th March and 5th July 1999 | |
*Schedule 3, paragraphs 1, 2, 3(a) and (c), 4 to 7 and 9 | 4th March and 5th July 1999 | |
Schedule 7 in the respects specified below and section 86(1) in so far as it relates to them— | ||
| 1st June 1999 | |
| 1st June 1999 | |
| 1st June 1999 | |
| 4th March 1999 | |
| 5th July and 6th September 1999 | |
| 6th April 1999 | |
| 6th April 1999 | |
| 1st June 1999 | |
| 8th September 1998 and 1st June 1999 | |
| 1st June 1999 | |
| 4th March and 1st June 1999 | |
| 1st June 1999 | |
| 4th March and 1st June 1999 | |
| 4th March and 1st June 1999 | |
| 1st June 1999 | |
| 4th March and 1st June 1999 | |
| 1st June 1999 | |
| 16th November 1998, 4th March and 1st June 1999 | |
| 1st June 1999 | |
| 1st June 1999 | |
| 8th September 1998 | |
| 1st June 1999 | |
| 4th March and 1st June 1999 | |
| 8th September 1998 and 6th April 1999 | |
| 6th April 1999 | |
| 6th April 1999 | |
| 6th April 1999 | |
| 6th April 1999 | |
| 6th September 1999 | |
| 5th July 1999 | |
| 5th July and 6th September 1999 | |
| 8th September 1998 and 6th April, 5th July and 6th September 1999 | |
| 5th April 1999 | |
| 6th April 1999 | |
| 6th September 1999 | |
| 8th September 1998 and 6th April 1999 | |
| 6th April 1999 | |
paragraph 78 | 6th September 1999 | |
| 5th July and 6th September 1999 | |
| 5th July 1999 | |
| 6th April 1999 | |
| 6th April 1999 | |
| 6th April 1999 | |
| 5th July and 6th September 1999 | |
| 6th April 1999 | |
| 8th September 1998 and 6th April 1999 | |
| 6th April 1999 | |
| 8th September 1998 and 6th April 1999 | |
| 6th April 1999 | |
| 6th April 1999 | |
| 5th July 1999 | |
| 5th July and 6th September 1999 | |
| 4th March 1999 | |
| 5th July 1999 | |
| 5th July 1999 | |
| 5th July and 6th September 1999 | |
| 6th September 1999 | |
| 8th September 1998 and 6th April 1999 | |
| 6th April 1999 | |
| 5th July 1999 | |
| 6th September 1999 | |
| 8th September 1998 and 6th April 1999 | |
| 5th July 1999 | |
| 1st June 1999 | |
| 4th March 1999 | |
| 1st June 1999 | |
| 6th September 1999 | |
| 1st June 1999 | |
| 6th September 1999 | |
| 1st June 1999 | |
| 6th September 1999 | |
| 6th April 1999 | |
| 5th July 1999 | |
| 4th March and 5th July 1999 | |
| 6th April 1999 | |
| 4th March 1999 | |
| 8th September 1998, 5th and 6th April, 1st June, 5th July and 6th September 1999 |