The Social Security Act 1998 (Commencement Nos. 9 and 11) (Amendment) Order 2006

© Crown Copyright 2006

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Social Security Act 1998 (Commencement Nos. 9 and 11) (Amendment) Order 2006, ISBN 0110751302. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

" (d) "relevant benefit" also means the following benefits under the Social Security Act 1975[3]—


(i) sickness benefit under section 14;

(ii) unemployment benefit under section 14;

(iii) invalidity pension under section 15; and

(iv) invalidity allowance under section 16.".

    (3) In Article 3 (consequential amendments and modifications)—

(a) in paragraph (1), at the beginning, insert "Subject to paragraph (15)"; and

(b) after paragraph (14) add—

    " (15) The amendments in paragraph (16) shall take effect as from 16th October 2006.

    (16) In the Social Security (Incapacity Benefit) (Transitional) Regulations 1995[4]—


(a) in regulation 11 (transitional awards of short-term incapacity benefit) after paragraph (5) add—


    " (6) The transitional award under paragraph (1) is treated as a decision of the Secretary of State under section 8(1) of the Social Security Act 1998 (decisions by Secretary of State) and as an incapacity decision for the purposes of the Social Security and Child Support (Decisions and Appeals) Regulations 1999[5]"; and


(b) in regulation 17[6] (transitional awards of long-term incapacity benefit) after paragraph (4) add—


    " (5) The transitional award under paragraph (1) is treated as a decision of the Secretary of State under section 8(1) of the Social Security Act 1998 (decision by Secretary of State) and as an incapacity decision for the purposes of the Social Security and Child Support (Decisions and Appeals) Regulations 1999.".".



    (4) In paragraph 4(1) of Schedule 14 (transitional provisions)—



(a) in sub-paragraph (a) omit "or"; and

(b) after sub-paragraph (a) insert—


" (aa) under or by virtue of Part III of the Social Security Act 1975; or".



Amendment of Social Security Act 1998 (Commencement No. 11 etc.) Order 1999
     3. —(1) The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions ) Order 1999[7] is amended as follows .

    (2) In Article 1(2) (citation and interpretation) after sub-paragraph (c) add—



" (d) "relevant benefit" also means—


(i) an attendance allowance under section 35[8] of the Social Security Act 1975;

(ii) a mobility allowance under section 37A of that Act;

(iii) supplementary benefit under section 1 of the Supplementary Benefit Act 1976[9].".



    (3) In Article 3[10] (consequential amendments and modification)—



(a) in paragraph (1), at the beginning, insert "Subject to paragraph (15)"; and

(b) after paragraph (15) insert—


    " (16) The amendment in paragraph (17) shall take effect from 16th October 2006.

    (17) In regulation 14(1) of the Social Security (Introduction of Disability Living Allowance) Regulations 1991[11] (reviews) after "appellate authorities)" insert "and sections 9 and 10 of the Social Security Act 1998 (revision and supersession of decisions)".".



    (4) In paragraph 4(1) of Schedule 16 (transitional provisions in relation to relevant benefits)—



(a) in sub-paragraph (a) omit "or"; and

(b) after sub-paragraph (a) insert—


" (aa) under or by virtue of Part III of the Social Security Act 1975; or";





Signed by authority of the Secretary of State for Work and Pensions


James Plaskitt
Parliamentary Under Secretary of State, Department for Work and Pensions

20th September 2006




---

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999 ("the No. 9 Order") and the Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 ("the No. 11 Order").

Article 2 amends the No. 9 Order. Paragraph (2) adds a further definition of "relevant benefit". Paragraph (3) amends Article 3 to make consequential amendments to the Social Security (Incapacity Benefit) (Transitional) Regulations 1995. Paragraph (4) provides that decisions made by the Adjudication Officer in respect of those relevant benefits are treated as decisions of the Secretary of State.

Article 3 amends the No. 11 Order. Paragraph (2) adds a further definition of "relevant benefit". Paragraph (3) amends Article 3 to make consequential amendments to the Social Security (Introduction of Disability Living Allowance) Regulations 1991. Paragraph (4) provides that decisions of the Adjudication Officer in respect of those relevant benefits are treated as decisions of the Secretary of State.

A full regulatory impact assessment has not been carried out in respect of this Order as it does not impose a cost on business, charities or the voluntary sector.



---

Notes:

[1] 1998 c.14.back

[2] S.I. 1999/2422 (C.61). Article 3 was amended by S.I. 1999/3178.back

[3] 1975 c.14. These provisions were consolidated in the Social Security Contributions and Benefits Act 1992 (c.4).back

[4] S.I. 1995/310. Paragraph (4) was amended and paragraph (5) was inserted by S.I. 1996/3207.back

[5] S.I. 1999/991.back

[6] Regulation 17 was amended by S.I. 1996/3207.back

[7] S.I. 1999/2860 (C.75).back

[8] Sections 35 and 37A were repealed by the Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21).back

[9] 1976 c.71. This Act was repealed by the Social Security Act 1986 (c. 50), Schedule 11.back

[10] Article 3 was amended by S.I. 1999/3178.back

[11] S.I. 1991/2891.back

---


ISBN 0 11 075130 2