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

Article 3(9)

SCHEDULE 9 E+W+S MODIFICATION OF THE FINES (DEDUCTIONS FROM INCOME SUPPORT) REGULATIONS 1992

[F1 1.   As if in regulation 1(2) M1 (interpretation)— E+W+S

(a) the definition of “adjudication officer" were omitted;

(b) for the definition of “Commissioner" there were substituted the following definition—

““Commissioner" means the Chief or any other Social Security Commissioner appointed in accordance with section 14(12) of, and Schedule 4 to, the Social Security Act 1998 and includes a Tribunal of Commissioners constituted in accordance with section 16(7) of that Act;”; and

(c) for the definition of “tribunal" there were substituted the following definition—

““tribunal" means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998; and”.

Textual Amendments

F1 Sch. 9 revoked (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 20 para. 1(c) (with reg. 3(1)(b), Schs. 21-23)

Marginal Citations

M1 There are amendments to regulation 1 which are not relevant to this Order.

2.   As if for the heading to regulation 4 there were substituted “ Determination of application ”. E+W+S

Textual Amendments

F1 Sch. 9 revoked (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 20 para. 1(c) (with reg. 3(1)(b), Schs. 21-23)

3.   As if in regulation 4 M2 — E+W+S

(a) in paragraph (1)—

(i) the words “refer it forthwith to an adjudication officer who shall" were omitted;

(ii) for the words “the Secretary of State" there were substituted the word “ him ”;

(b) in paragraphs (2) and (2A) for the words—

(i) “adjudication officer" there were substituted the words “ Secretary of State ”;

(ii) “the Secretary of State" there were substituted the word “ him ”;

(c) in paragraph (3)—

(i) for the words “adjudication officer" there were substituted the words “ Secretary of State ”;

(ii) for the words “reference from the Secretary of State" there were substituted the word “ application ”.

Textual Amendments

F1 Sch. 9 revoked (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 20 para. 1(c) (with reg. 3(1)(b), Schs. 21-23)

Marginal Citations

M2 The relevant amendments are S.I. 1996/2344 and 1997/827.

4.   As if in regulation 5 (notification of decision)— E+W+S

(a) for the words “the adjudication officer’s" there were substituted the word “ his ”; and

(b) the words “from the date on which he receives that decision" were omitted.

Textual Amendments

F1 Sch. 9 revoked (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 20 para. 1(c) (with reg. 3(1)(b), Schs. 21-23)

5.   As if in regulations 6 M3 (deductions from offender’s income support or income-based jobseeker’s allowance) and 6A (deductions from offender’s contribution-based jobseeker’s allowance) for the words— E+W+S

(a) “adjudication officer" there were substituted the words “ Secretary of State ”; and

(b) “the Secretary of State" there were substituted the word “ he ”.

Textual Amendments

F1 Sch. 9 revoked (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 20 para. 1(c) (with reg. 3(1)(b), Schs. 21-23)

Marginal Citations

M3 Regulation 6 was amended and regulation 6A was inserted by S.I. 1996/2344.

6.   As if in regulation 7(5) (circumstances, time of making and termination of deductions) for the words “refer those further applications to the adjudication officer" there were substituted the words “ determine those further applications ”. E+W+S

Textual Amendments

F1 Sch. 9 revoked (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 20 para. 1(c) (with reg. 3(1)(b), Schs. 21-23)

7.   As if for regulation 9 (appeal) there were substituted the following regulation— E+W+S

“9.— (1) Where the Secretary of State has determined a question under regulation 4, the offender may appeal to a tribunal.

(2) Subject to section 13 of the Social Security Act 1998, an appeal lies to a Commissioner from the decision of a tribunal.”

Textual Amendments

F1 Sch. 9 revoked (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 20 para. 1(c) (with reg. 3(1)(b), Schs. 21-23)

8.   As if regulations 10 to 15 were omitted. E+W+S

Textual Amendments

F1 Sch. 9 revoked (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 20 para. 1(c) (with reg. 3(1)(b), Schs. 21-23)

9.   As if Schedules 1 and 2 were omitted.] E+W+S

Textual Amendments

F1 Sch. 9 revoked (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 20 para. 1(c) (with reg. 3(1)(b), Schs. 21-23)