The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999

Article 3(7)

SCHEDULE 7 E+W+S AMENDMENT OF THE SOCIAL SECURITY (DISABILITY LIVING ALLOWANCE) REGULATIONS 1991

1.  In regulation 1(2) M1 (interpretation)— E+W+S

(a) after the definition of “the Administration Act" there shall be inserted the following definition—

““the 1998 Act" means the Social Security Act 1998”; and

(b) for the definition of “adjudicating authority" there shall be substituted the following definition—

““adjudicating authority" means, as the case may require, the Secretary of State, an appeal tribunal constituted under Chapter I of Part I of the 1998 Act, the Chief or any other Social Security Commissioner, or a tribunal consisting of any three or more such Commissioners constituted in accordance with section 16(7) of that Act;”.

Marginal Citations

M1 The relevant amending instrument is S.I. 1993/1939.

2.  In regulation 2(4)(b), for the word “review" there shall be substituted the words “ revision under section 9 of the 1998 Act or supersession under section 10 of that Act ”. E+W+S

3.  Regulations 5A, 5B and 5C M2 (medical examination, withholding of benefit and payment of withheld benefit) are hereby revoked. E+W+S

Marginal Citations

M2 Regulations 5A, 5B and 5C were inserted by S.I. 1997/1839.

4.  In regulations 9A(2)(a) M3 in the substituted paragraph (2B)(b) and (c), 10(6)(b) and (c) and 12B(9A)(b) and (c) for the word “review" there shall be substituted the words “ revision under section 9 of the 1998 Act or supersession under section 10 of that Act ”. E+W+S

Marginal Citations

M3 Regulation 9A was inserted by S.I. 1994/1779.

5.  In Schedule 1 M4 (persons aged 65 and over)— E+W+S

(a) for the word “Review" where it appears in the heading to paragraph 1 there shall be substituted the words “ Revision or supersession ”;

(b) in paragraph 1(1)(c) for the words “in writing is made in accordance with section 30(7) or 35(4) of the Administration Act for that award to be reviewed;" there shall be substituted the words “ is made in accordance with section 9 of the 1998 Act or section 10 of that Act for that award to be revised or superseded; ”;

(c) in paragraph 1(1)(d) for the words “both reviewed and revised" there shall be substituted the words “ revised or superseded ”;

(d) in paragraph 1(2) for the words “revised award" there shall be substituted the words “ revision or supersession ”;

(e) in paragraph 1(3) the words “for review" shall be omitted and for the word “reviewed" there shall be substituted the word “ superseded ”;

(f) for the word “Reviews" where it appears in the heading to paragraph 2 there shall be substituted the words “ Revision or supersession ”;

(g) in paragraph 2 for the word “review" there shall be substituted the words “ revision or supersession ”, for the word “reviews" there shall be substituted the words “ revisions or supersessions ” and for the word “reviewed" where it first appears there shall be substituted the words “ revised or superseded ”;

(h) in paragraph 2(b) for the words “reviewed and revised" there shall be substituted the word “ superseded ”;

(i) in paragraph 3(1)(a) for the words “revised on a review under section 30, 31 or 35 of the Administration Act" there shall be substituted the words “ revised under section 9 of the 1998 Act or superseded under section 10 of that Act ”;

(j) in paragraph 3(2) for the words “under review" there shall be substituted the words “ being revised or superseded ”; and

(k) in paragraphs 5(1)(a), 6(1)(a) and 7(1)(a) for the words “revised on a review under section 30, 31 or 35 of the Administration Act" there shall be substituted the words “ revised under section 9 of the 1998 Act or superseded under section 10 of that Act ”.

Marginal Citations

M4 The relevant amending instrument is S.I. 1993/1939.