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Statutory Instruments

1999 No. 528 (C.12)

SOCIAL SECURITY

FAMILY LAW

CHILD SUPPORT

The Social Security Act 1998 (Commencement No. 5) Order 1999

Made

3rd March 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) 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. 5) Order 1999.

(2) In this Order, except where the context otherwise requires, references to sections and Schedules are references to sections of and Schedules to the Social Security Act 1998.

Appointed day

2.  4th March 1999 is the appointed day for the coming into force of—

(a)the provisions of the Social Security Act 1998 which are specified in the Schedule to this Order in so far as they authorise the making of regulations; and

(b)paragraph 104 of Schedule 7 to that Act and section 86(1) in so far as it relates to that paragraph.

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

Hugh Bayley

Parliamentary Under-Secretary of State,

Department of Social Security

3rd March 1999

Article 2(a)

SCHEDULEProvisions conferring powers to make regulations commenced by this Order.

Column (1)Column (2)
Provisions of the Social Security Act 1998Subject Matter
Section 6(3)Qualifications for appointment to Lord Chancellor’s Panel
Section 7(6)Constitution of appeal tribunals
Section 9(1), (4) and (6)Revision of decisions
Section 10(3) and (6)Decisions superseding earlier decisions of the Secretary of State and appeal tribunals
Section 11(1)Regulations with respect to decisions
Section 12(2), (3), (6) and (7)Appeals to appeal tribunals
Section 14(3), (10) and (11)Appeal from tribunal to Commissioner
Section 15(2) and (3)Appeal from Commissioner on point of law
Section 16(1) to (3) and (9) and Schedule 5Procedure
Section 17Finality of decisions
Section 18(1)Matters arising as respects decisions
Section 20Medical examination required by appeal tribunal
Section 21Suspension in prescribed circumstances
Section 22Suspension for failure to disclose information
Section 23Termination for failure to disclose
Section 24Consequences of refusal to submit to medical examination
Section 25(3)(b) and (5)(c)Decisions involving issues that arise on appeal in other cases
Section 26(6)(c)Appeals involving issues that arise on appeal in other cases
Section 28Correction of errors and setting aside of decisions
Section 31(2) and (3)Incapacity for work
Section 38(1)(a) and (3)Review of social fund determinations
Section 41 in so far as it substitutes section 17(3) and (5) to the Child Support Act 1991Child support decisions superseding earlier decisions
Section 42 in so far as it substitutes section 20(4), (5) and (6) of the Child Support Act 1991Child support appeals to appeal tribunals
Section 43 in so far as it inserts sections 28ZA(2)(b) and (4)(c) and 28ZB(6)(c) into the Child Support Act 1991Child support decisions and appeals dependent on other cases
Section 44 in so far as it inserts section 28ZD into the Child Support Act 1991Restrictions on liability for child support in certain cases of error, correction of errors and setting aside of decisions
Section 45 in so far as it inserts section 3A(1), (3) and (4) into the Vaccine Damage Payments Act 1979Amendments to the Vaccine Damage Payments Act 1979; Decisions reversing earlier decisions
Section 46 in so far as it substitutes section 4(2) and (3) of the Vaccine Damage Payments Act 1979Vaccine Damage Payments Act 1979, appeals
Section 47 which inserts section 7A into the Vaccine Damage Payments Act 1979Vaccine Damage Payments Act 1979, correction of errors and setting aside decisions
Section 74 which inserts section 5(1)(hh) into the Social Security Administration Act 1992Provision of information
Schedule 1 paragraphs 7, 11 and 12 and section 7(7) in so far as it relates to themAppeal tribunals supplementary provisions
Schedule 2 paragraph 9 and section 12(1) in so far as it relates to itDecisions against which no appeal lies
Schedule 3 paragraphs 1, 4 and 9 and section 12(1) in so far as it relates to themDecisions against which an appeal lies
Schedule 4 paragraphs 6 and 8 and section 14(12) in so far as it relates to themSocial Security Commissioners

Schedule 7 as respects the paragraphs specified below and section 86(1) in so far as it relates to them—

  • Paragraph 8

Finality of decisions under the Vaccine Damage Payments Act 1979

  • Paragraph 9

Amendment of section 8(3) of the Vaccine Damage Payments Act 1979, regulations

  • Paragraph 35(2)

Decisions revising or superseding a decision as to maintenance

  • Paragraph 39

Substitutes section 28H of the Child Support Act 1991, departure directions

  • Paragraphs 40 and 43(3)

Amendments as respects contributions to maintenance and reduced benefit directions

  • Paragraph 44 in so far as it relates to the insertion of sections 46A(2) and 46B in the Child Support Act 1991

Finality of decisions and matters arising as respects decisions

  • Paragraph 46 in so far as it is not already in force

Supplementary powers for regulations under section 51 Child of the Support Act 1991

  • Paragraph 52(4) which substitutes paragraph 6(2) of Schedule 4 to the Child Support Act 1991

Finality of certain findings of fact

  • Paragraph 53(5)

Joint consideration of departure applications and appeals

  • Paragraph 54 inserting Schedule 4C into the Child Support Act 1991

Decisions and appeals: departure directions and reduced benefit directions

  • Paragraph 121

Tribunals under direct control of Council on Tribunals

  • Paragraph 131

Substitution of section 170 of the Pension Schemes Act 1993, decisions and appeals

  • Paragraph 149(1)

Substitution of section 10(1) the Social Security (Recovery of Benefits) Act 1997

Explanatory Note

(This note is not part of the Order)

This Order provides for the coming into force on 4th March 1999 of powers provided in the Social Security Act 1998 which are specified in the Schedule to this Order enabling Regulations to be made relating to the decision making and appeals under the specified enactments.

This Order does not impose a charge on businesses.

Note as to Earlier Commencement Orders

(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 (Commence ment No.2) Order 1998 (S.I. 1998/2780), the Social Security Act 1998 (Commencement No.3) Order 1999 (S.I. 1999/418) and the Social Security Act 1998 (Commencement No. 4) Order 1999 (S.I. 1999/526).

Provision of Social Security Act 1998Date of CommencementS.I. Number
Section 2 (except section 2(2)(a))8th September 199811998/2209
Section 38th September 19981998/2209
Section 16(4) and (5)8th September 1998 and
6th April 19991998/2209
Section 4016th November 1998 and1998/2780
7th December 1998
Section 488th September 19981998/2209
Section 498th September 19981998/2209
Section 50(1) (partially)8th September 19981998/2209
Section 5123rd February 1999 and1999/418
6th April 1999
Section 528th September 19981998/2209
Section 538th September 1998 and1998/2209
6th April 1999
Section 544th March 1999 and 6th April 19991999/526
Section 558th September 19981998/2209
Section 56(1)6th April 19991999/526
Section 56(2)4th March 1999 and 6th April 19991999/526
Section 574th March 1999 and 6th April 19991999/526
Section 598th September 19981998/2209
Section 604th March 1999 and 6th April 19991999/526
Section 61 (partially)4th March 1999 and 6th April 19991999/526
Section 626th April 19991999/526
Section 634th March 1999 and 6th April 19991999/526
Section 646th April 19991999/526
Section 658th September 1998 and
6th April 19991998/2209
Section 688th September 19981998/2209
Section 736th April 19991998/2209
Section 755th October 19981998/2209
Section 7616th November 19981998/2780
Section 86(2) and Schedule 8 (partially)8th September 1998 and1998/2209
6th April 1999

Schedule 7 in the respects specified below and section 86(1) in so far as it relates to them—

  • paragraph 16

6th April 19991999/418

  • paragraph 27(a)

8th September 19981998/2209

  • paragraph 46(a)

16th November 19981998/2780

  • paragraph 49

8th September 19981998/2209

  • paragraph 56

8th September 1998 and
6th April 19991998/2209

  • paragraph 57

6th April 19991998/2209

  • paragraph 58(1)

6th April 19991999/418

  • paragraph 58(2)

6th April 19991998/2209

  • paragraphs 59 to 61

6th April 19991999/418

  • paragraph 71(b), (c) and (e)

6th April 19991999/418

  • paragraph 71(d)

8th September 1998 and
6th April 19991998/2209

  • paragraphs 74, 75 and 77(2) to (5)

6th April 19991999/418

  • paragraph 77(1), (6) to (9), (11), (12) and (14) to (16)

8th September 1998 and
6th April 19991998/2209

  • paragraph 85

6th April 19991999/526

  • paragraph 86

6th April 19991998/2209

  • paragraph 87

6th April 19991999/526

  • paragraph 90

6th April 19991999/418

  • paragraph 91

8th September 1998 and
6th April 19991998/2209

  • paragraphs 92 to 94

6th April 19991999/418

  • paragraph 99

8th September 1998 and
6th April 19991998/2209
1999/418
1999/526

  • paragraph 100

6th April 19991998/2209
1999/526

  • paragraph 110(1)(a)

8th September 1998 and
6th April 19991998/2209

  • paragraph 110(1)(b)

6th April 19991999/418

  • paragraph 114

8th September 1998 and
6th April 19991998/2209

  • paragraphs 126 to 128 and 133

6th April 19991999/418
Schedule 8 (partially) and section 86(2) in so far as it relates to it6th April1999/526