Statutory Instrument 1999 No. 1958 (C.51)

      The Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999

      © Crown Copyright 1999

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STATUTORY INSTRUMENTS

1999 No. 1958 (C.51)

SOCIAL SECURITY

The Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999

  Made 4th July 1999 

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 1998[1] and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation
     1.  - (1) This Order may be cited as the Social Security Act 1998 (Commencement No. 8, and Savings and Consequential 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 day
     2.  - (1) Subject to paragraph (2) below and to articles 3 and 5 of this Order, 5th July 1999 is the day appointed for the coming into force of - 

    (2) Paragraphs 63 and 102 of Schedule 7 shall come into force immediately before, respectively, paragraphs 4 and 14 of Schedule 7 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999[5] come into force.

Savings
     3.  - (1) 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 Social Security and Child Support (Decisions and Appeals) Regulations 1999[6] - 

    (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 1st April 1999 by the Secretary of State under section 17(1)(d) of that Act (decision whether person employed in employed earner's employment for purposes of industrial injuries benefit).

    (2) Notwithstanding the coming into force of paragraph 101 of Schedule 7, section 164(5)(a) of the Administration Act (which provides for certain fees to be paid into the National Insurance Fund) shall continue to have effect in relation to any payment of fees made on or after 5th July 1999 under regulations made by virtue of section 62(2)(b) of that Act in connection with a medical examination conducted before that date.

Consequential amendments and modifications
     4.  - (1) The amendments and modifications made by the following paragraphs of this article shall take effect on 5th July 1999.

    (2) The Social Security (Guardian's Allowances) Regulations 1975[7] shall be amended in accordance with Schedule 2 to this Order.

    (3) The Child Benefit (General) Regulations 1976[8] shall be amended in accordance with Schedule 3 to this Order.

    (4) The Social Security (Claims and Payments) Regulations 1979[9] shall be amended in accordance with Schedule 4 to this Order.

    (5) The Social Security (General Benefit) Regulations 1982[10] shall, as they relate to any benefit to which this paragraph applies, have effect subject to the modifications specified in Schedule 5 to this Order.

    (6) The Workmen's Compensation (Supplementation) Scheme 1982[11] shall be amended in accordance with Schedule 6 to this Order.

    (7) The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983[12] shall be amended in accordance with Schedule 7 to this Order.

    (8) The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985[13] shall be amended in accordance with Schedule 8 to this Order.

    (9) The Social Security (Claims and Payments) Regulations 1987[14] shall, as they relate to any benefit to which this paragraph applies, have effect subject to the modifications specified in Schedule 9 to this Order.

    (10) The Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988[15] shall, as they relate to any benefit to which this paragraph applies, have effect subject to the modifications specified in Schedule 10 to this Order.

    (11) The Social Security Benefit (Dependency) Regulations 1977[16] shall, as they relate to any benefit to which this paragraph applies, have effect subject to the modification specified in Schedule 11 to this Order.

    (12) Paragraphs (5), (9), (10) and (11) of this article apply to any benefit mentioned in article 2(1)(b)(i) to (iii) of this Order.

Transitional provisions
     5. Schedule 12 to this Order shall have effect.



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


Angela Eagle
Parliamentary Under-Secretary of State, Department of Social Security

4th July 1999



SCHEDULE 1
Article 2


PROVISIONS BROUGHT INTO FORCE ON 5th JULY 1999 FOR PURPOSES SPECIFIED IN ARTICLE 2(1)(b)


Provision of the Act Subject matter
Section 1(a) Transfer of adjudication officer's functions 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 medical appeal tribunals, and (2)(a) Unified appeal tribunals
Section 8(1)(a) and (c), (2), (3)(a) and (g), (4) and (5)[17] Decisions by Secretary of State
Sections 9 and 10[18] Revisions, 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 1995[19] and the Social Security (Recovery of Benefits) Act 1997[20] and the definition of the former legislation in so far as it relates to Part II of the Social Security Act 1986 Regulations with respect to decisions, and assistance from experts
Section 12(1)(a) (in so far as it relates to paragraphs 4, 5, 6(a) 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 Act[21]), 6, 7 and 9 of Schedule 3), (2), (3), (4) (except in so far as it relates to section 74 of the Administration Act) and (5) to (9)[22] Appeal to appeal tribunal
Section 13[23] Redetermination etc. of appeals
Section 14 and Schedule 4[24] Appeal from tribunal to Commissioner
Section 15 Appeal from Commissioner on point of law
Section 16 and Schedule 5[25] Procedure
Section 17 Finality of decisions
Sections 18(1) and 19[26] Matters arising as respects decisions, and medical examination required by Secretary of State
Section 20(1), (2) and (3)(a)[27] Medical examination required by appeal tribunal
Sections 21 to 25[28] Suspension and termination of benefits, and decisions dependent on other cases
Section 26 Appeals involving issues that arise on appeal in other cases
Section 27 Restrictions on entitlement to benefit in cases of error
Section 28 (except subsection (3)(d) and (e))[29] Correction of errors, and setting aside of decisions
Sections 29 and 30 Industrial accidents
Section 39[30] Interpretation etc. of Chapter II of Part I of the Act
Schedule 7[31] in the respects specified below, and section 86(1) in so far as it relates to them -  Minor and consequential amendments - 
paragraph 11

 provision as to forfeiture
paragraphs 63 to 65

 provisions concerned with industrial injuries and diseases
paragraphs 66 to 71

 miscellaneous provisions relating to benefits
paragraph 79(1)

 claims and payments
paragraph 81

 overpayments
paragraph 84

 issues arising in proceedings
paragraphs 88 and 89

 disclosure of information, and notification of deaths
paragraphs 101 and 102

 general financial matters
paragraphs 106 to 108

 reciprocal agreements, and travelling expenses
paragraph 111(b)

 definition of "claimant"
paragraph 115

 old cases payments
paragraph 129

 information about pensions
paragraphs 130(2) and 131

 decisions and appeals about pension schemes
Schedule 8 in respect of the repeals specified below, and section 86(2) in so far as it relates to them -  repeals
in the Administration Act - 

        section 164(5)(a)

in the Pension Schemes Act 1993 - 

        section 167(4)

  

SCHEDULE 2
Article 4(2)


AMENDMENT OF THE SOCIAL SECURITY (GUARDIAN'S ALLOWANCES) REGULATIONS 1975


In regulation 1(2) (interpretation), for the definition of "the determining authority" there shall be substituted the following definition - 

      " "the determining authority" means, as the case may require, the Secretary of State, an appeal tribunal constituted under section 7 of the Social Security Act 1998, 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;".



SCHEDULE 3
Article 4(3)


AMENDMENT OF THE CHILD BENEFIT (GENERAL) REGULATIONS 1976


     1. In regulation 14A (exception to section 6(3) of the Act) - 

    (a) in paragraph (1)(b), for the words "on review" (in both places where they occur) there shall be substituted the words "under section 9 or 10 of the Social Security Act 1998";

    (b) for paragraph (2) there shall be substituted the following paragraph - 

        " (2) In this regulation "determining authority" means, as the case may require, the Secretary of State, an appeal tribunal constituted under section 7 of the Social Security Act 1998, 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.".

     2. In paragraph (g) of regulation 14B (prescribed conditions relating to persons subject to immigration control) for the words "reviewed under section 25 of the Social Security Administration Act 1992" there shall be substituted the words "revised under section 9 of the Social Security Act 1998 or superseded under section 10 of that Act".



SCHEDULE 4
Article 4(4)


AMENDMENT OF THE SOCIAL SECURITY (CLAIMS AND PAYMENTS) REGULATIONS 1979


     1. In regulation 2(1) (interpretation) the definition of "determining authority" shall be omitted.

     2. In regulation 26 (obligations of claimants for, and beneficiaries in receipt of, disablement benefit) - 



SCHEDULE 5
Article 4(5)


MODIFICATION OF THE SOCIAL SECURITY (GENERAL BENEFIT) REGULATIONS 1982


     1. As if, in regulation 1(2) (citation, commencement and interpretation), for the definition of "determining authority" there were substituted the following definition - 

      " "determining authority" means, as the case may require, the Secretary of State, an appeal tribunal constituted under section 7 of the Social Security Act 1998, the Chief or any other Social Security Commissioner appointed under Schedule 4 to that Act, or a tribunal consisting of any three or more such Commissioners constituted in accordance with section 16(7) of that Act;".

     2. As if, in regulation 11 (further definition of the principles of assessment of disablement and prescribed degrees of disablement), in paragraphs (7) and (8) for the words from "the medical appeal tribunal" to "(as the case may be)" there were substituted the words "the Secretary of State or, as the case may be, an appeal tribunal".

     3. As if, in regulation 40 (disqualification for receipt of benefit, suspension of proceedings on claims and suspension of payment of benefit), in paragraphs (2) to (4) for the words "adjudication officer, a social security appeal tribunal" there were substituted the words "Secretary of State, an appeal tribunal".



SCHEDULE 6
Article 4(6)


AMENDMENT OF THE WORKMEN'S COMPENSATION (SUPPLEMENTATION) SCHEME 1982


     1. In article 1 (citation, commencement and interpretation) - 

    (a) after the definition of "the 1965 Act" there shall be inserted the following definition ""the 1998 Act" means the Social Security Act 1998;";

    (b) for the definition of "the appropriate determining authority" there shall be substituted the following definition - 

      " "the appropriate determining authority" means the Secretary of State or, as the case may be, an appeal tribunal or a Commissioner within the meaning of section 39 of the 1998 Act;"

    (c) for the definition of "claimant" there shall be substituted the following definition - 

      " "claimant" means a person claiming an allowance and includes, in relation to the revision or supersession of a decision, a beneficiary under the award or affected by the decision;";

    (d) the definition of "the adjudication officer" shall be omitted; and

    (e) after the definition of "medical board" there shall be inserted the following definition: - 

      " "medical practitioner" means a medical practitioner who has experience in the issues specified in regulation 12(1) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999;".

     2. In article 6(5) (amount of workmen's compensation) for the word "review" there shall be substituted the words "revision or supersession";

     3. For article 12 (determination of questions arising under the scheme) there shall be substituted the following article - 

     4. For article 13 (reference of questions to the medical board) there shall be substituted the following article - 

    " Reference for report to a medical practitioner
         13.  - (1) Subject to the provisions of paragraph (2) of this article, where the Secretary of State has decided that a claimant is not totally disabled as a result of pneumoconiosis for the purposes of a compensation scheme, and that claimant claims a major incapacity allowance, that claim shall be referred by the Secretary of State to a medical practitioner for advice.

        (2) For the purposes of paragraph (1) of this article - 

      (a) in a case where the claimant has been held in arbitration proceedings under the Workmen's Compensation Acts to be totally disabled as a result of pneumoconiosis, the Secretary of State may determine that the claimant is so disabled without referring the question to a medical practitioner;

      (b) in a case where the Secretary of State is of the opinion that any other decision or determination disposes of the claim, he may, without referring the question whether the claimant is totally disabled as a result of pneumoconiosis to a medical practitioner, make a decision that an award cannot be made on the claim.".

     5. For article 14 (issue of certificate by a medical board) there shall be substituted the following article - 

    " Provision of a report by a medical practitioner
         14. Where, in pursuance of a reference under article 13 of this scheme, a medical practitioner is satisfied, having examined the claimant, that he is totally disabled as a result of pneumoconiosis, he shall report his findings to the Secretary of State accordingly.".

     6. In article 15 (radiographic examination) for the words - 

    (a) "medical board" there shall be substituted the words "Secretary of State";

    (b) "where they consider necessary, to make or cause to be made" there shall be substituted the words "where he considers it necessary, to cause to be made".

     7. In article 17 (obligations of claimants and of persons in receipt of allowances to undergo medical examination) - 

    (a) in paragraph (1), the words "by a medical authority (as defined in paragraph (4) of this article)" shall be omitted;

    (b) in paragraph (2)(a), for the words "the medical board" there shall be substituted the words "a medical practitioner";

    (c) paragraph (4) shall be omitted.

     8. For article 26 (review of decisions of the Board) there shall be substituted the following article - 

         " 26.  - (1) The Secretary of State may at any time and from time to time revise or supersede any decision given by the Board under provisions of the Workmen's Compensation (Supplementation) Scheme 1966 in force immediately before 1st July 1977, if - 

      (a) the decision was erroneous in view of new facts which have been brought to his notice since the date on which the decision was given or by reason of some mistake being made with respect to the facts or the law; or

      (b) there has been any relevant change of circumstances since the decision was given.

        (2) A decision of the Board may be revised or superseded by the Secretary of State on his own initiative or by application in writing to him for the purpose.

        (3) Where it appears to the Secretary of State that an issue has arisen whether the decision as to an award of an allowance to which this article relates ought to be revised or superseded in accordance with the provisions of paragraph (1), he may decide that payment of the allowance shall be suspended in whole or in part until that issue has been determined.

        (4) Repayment of sums by way of an allowance in pursuance of the original decision shall not be required under this article in any case where it is shown to the satisfaction of the Secretary of State that in the obtaining and receipt of the benefit the beneficiary, and any person acting for him, has throughout used due care and diligence to avoid overpayment.

        (5) For the purposes of this article a decision given under any scheme made under the 1951 Act shall be treated as if it had been given under the Workmen's Compensation (Supplementation) Scheme 1966 as it was immediately before the Workmen's Compensation (Supplementation) Amendment Scheme 1977 came into operation.

        (6) On a revision or supersession of a decision given by the Board under any scheme made under the 1951 Act in force before 1st March 1966 a decision given by the Secretary of State may determine any issues referred to him arising under any such scheme.".

     9. In article 33 (review) - 

    (a) for the words "a question" there shall be substituted the words "an issue";

    (b) for the words "reviewed by the adjudication officer" there shall be substituted the words "considered by the Secretary of State who may decide the issue afresh";

    (c) for the words "the question" there shall be substituted the words "the issue".

     11. For Schedule 2 there shall be substituted the following Schedule - 



 
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