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

Article 4(10)

SCHEDULE 10 MODIFICATION OF THE SOCIAL SECURITY (PAYMENTS ON ACCOUNT, OVERPAYMENTS AND RECOVERY) REGULATIONS 1988

1.  As if, in regulation 1(2) (interpretation), for the definition of “adjudicating authority” there were substituted the following definition:—

• ““adjudicating 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.  As if, in regulation 2, in paragraph (1)(b) (making of interim payments), for the word “review” there were substituted the words “revision, supersession,”.

3.  As if, in Case 1 in regulation 5(2) (offsetting prior payment against subsequent award)—

(a) in the heading, after the word “revised” there were inserted the word “superseded”; and

(b) for the words “varied on appeal or revised on a review” there were substituted the words “revised or superseded or is varied on appeal”.

4.  As if, in regulation 8(2) (duplication and prescribed payments), for the word “review” there were substituted the words “revision, supersession”.

5.  As if, in regulation 12 (circumstances in which determination need not be revised)—

(a) for the words “variation or revision” there were substituted the words “variation, revision or supersession”; and

(b) for the words “reviewing and revising” there were substituted the words “revising or superseding”.