The Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999

Explanatory Note

(This note is not part of the Order)

This Order provides for the coming into force on 1st June 1999 of the provisions of the Social Security Act 1998 which—

(a) enable the Lord Chancellor to—

(i) appoint a President of appeal tribunals; and

(ii) constitute a panel from which the President of appeal tribunals may draw persons to act as members of appeal tribunals;

(b) enable the Secretary of State to appoint officers and staff for the President of appeal tribunals and for appeal tribunals;

(c) enable regulations to be made supplementing the provision made by section 26 of the Social Security Act 1998.

(d) remove the power of the President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals to appoint officers and staff for—

(i) himself;

(ii) regional and other full-time chairmen of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals;

(iii) social security appeal tribunals;

(iv) disability appeal tribunals; and

(v) medical appeal tribunals;

(e) amend the Judicial Pensions and Retirement Act 1993 (c. 8) (“the 1993 Act”) in consequence of provisions of the Social Security Act 1998—

(i) by removing references to chairmen of child support appeal tribunals (in view of the replacement of such tribunals by appeal tribunals constituted under section 7 of the Social Security Act 1998);

(ii) so as to provide that the office of President of appeal tribunals is a qualifying judicial office for the purposes of the 1993 Act (new arrangements for judicial pensions);

(f) substitute new procedures for making decisions and appeals with respect to child support; and

(g) repeal words in the Debtors (Scotland) Act 1987 (c. 18) in consequence of the commencement of paragraph 12 of Schedule 7 to the Social Security Act 1998 by article 2(4)(b) of the Social Security Act 1998 (Commencement No. 4) Order 1999 (S.I. 1999/526) (article 2).

This Order amends—

(a) the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968);

(b) the Family Credit (General) Regulations 1987 (S.I. 1987/1973);

(c) the Disability Working Allowance (General) Regulations 1991 (S.I. 1991/2887);

(d) the Child Support (Information, Evidence and Disclosure) Regulations 1992 (S.I. 1992/1812);

(e) the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (S.I. 1992/1815);

(f) the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 (S.I. 1992/1816);

(g) the Child Support (Collection and Enforcement) Regulations 1992 (S.I. 1992/1989);

(h) the Child Support Act 1991 (Commencement No. 3 and Transitional Provisions) Order 1992 (S.I. 1992/2644);

(i) the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 (S.I. 1992/2645);

(j) the Child Support (Miscellaneous Amendments and Transitional Provisions) Regulations 1994 (S.I. 1994/227);

(k) the Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045);

(l) the Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261);

(m) the Child Support (Compensation for Recipients of Family Credit and Disability Working Allowance) Regulations 1995 (S.I. 1995/3263);

(n) the Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803);

(o) the Child Support (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1945);

(p) the Child Support (Miscellaneous Amendments) (No. 2) Regulations 1996 (S.I. 1996/3196);

(q) Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58); and

(r) the Child Support (Miscellaneous Amendments) Regulations 1999 (S.I. 1999/977),

in consequence of the amendments to the Child Support Act 1991 (c. 48) effected by the Social Security Act 1998 (c. 14).

References to “child support officer” are replaced with references to “Secretary of State” and provision referring to reviews is replaced with provision referring to revision and supersession. This Order also revokes provisions rendered obsolete by the Social Security Act 1998.

Provision is made for the revision and supersession of decisions with respect to the interest on arrears of child support maintenance (article 28).

Article 50 provides that appointments of officers and staff by the Secretary of State for the President of appeal tribunals and for appeal tribunals shall be treated as being in addition appointments for the offices and bodies described in sub-paragraph (b) above until those offices and bodies cease to exist.

Transitional provision is made for child support purposes in the light of the new procedures for making decisions and appeals which are introduced by virtue of provisions commenced by this Order.

This Order does not impose a charge on business.