The Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999

Consequential amendments and modifications E+W+S

3.—(1)  [F1 Subject to paragraph (15)] the amendments and modifications made by the following paragraphs of this article shall take effect as from 6th September 1999.

(2) [F2 The Social Security Benefit (Dependency) Regulations 1977 M1 shall as they relate to any of the relevant benefits be modified in accordance with Schedule 2 to this Order. ]

(3) Section 36(10) of the National Insurance Act 1965 as continued in force by virtue of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 shall be omitted.

(4) The Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 M2 shall be amended in accordance with Schedule 3 to this Order.

(5) The Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations 1979 M3 shall be amended in accordance with Schedule 4 to this Order.

(6) The Social Security (Severe Disablement Allowance) Regulations 1984 M4 shall be amended in accordance with Schedule 5 to this Order.

(7) The Income Support (General) Regulations 1987 M5 shall be amended in accordance with Schedule 6 to this Order.

(8) [F2 The Social Security (Claims and Payments) Regulations 1987 M6 shall as they relate to any of the relevant benefits be modified in accordance with Schedule 7 to this Order. ]

(9) [F2 The Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988 M7 shall as they relate to any of the relevant benefits be modified in accordance with Schedule 8 to this Order. ]

(10) The Social Security (Incapacity Benefit-Increases for Dependants) Regulations 1994 M8 shall be amended in accordance with Schedule 9 to this Order.

(11) The Social Security (Incapacity for Work) (General) Regulations 1995 M9 shall be amended in accordance with Schedule 10 to this Order.

(12) The Disability Working Allowance and Income Support (General) Amendment Regulations 1995 M10 shall be amended in accordance with Schedule 11 to this Order.

(13) The Social Security (Persons From Abroad) Miscellaneous Amendments Regulations 1996 M11 shall be amended in accordance with Schedule 12 to this Order.

(14) [F2 The Social Security Benefit (Computation of Earnings) Regulations 1996 M12 shall as they relate to any of the relevant benefits be modified in accordance with Schedule 13 to this Order. ]

[F3 (15) The amendments in paragraph (16) shall take effect as from 16th October 2006.

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

(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”; and

(b) in regulation 17 (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.”.]

Textual Amendments

F1 Words in art. 3(1) inserted (16.10.2006) by Social Security Act 1998 (Commencement Nos.9 and 11) (Amendment) Order 2006 (S.I. 2006/2540), arts. 1(2), 2(3)(a)

F2 Art. 3(2), (8), (9), (14) revoked (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 1, Sch. 20 para. 1(b)

F3 Art. 3(15)(16) added (16.10.2006) by Social Security Act 1998 (Commencement Nos.9 and 11) (Amendment) Order 2006 (S.I. 2006/2540), arts. 1(2), 2(3)(b)

Modifications etc. (not altering text)

C1 Art. 3(8)(9) modified (7.4.2003 for specified purposes) by The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (S.I. 2003/492), regs. 1, 43, Sch. 3 Pt. 1 (with regs. 1(2), 44)

Marginal Citations

M1 S.I. 1977/343; amendment was made by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 8, paragraph 1(3)(a).

M2 S.I. 1979/642; amendment was made by the Health and Social Services and Social Security Adjudications Act 1983, Schedule 8, paragraph 1(3)(a).

M3 S.I. 1979/643; amendments were made by the Social Security Act 1980 (c.30), section 12(a) and the Health and Social Services and Social Security Adjudications Act 1983, Schedule 8, paragraph 1(3)(a).

M4 S.I. 1984/1303; the relevant amending instrument is S.I. 1988/1983.

M5 S.I. 1987/1967; the relevant amending instrument is S.I. 1996/206.

M6 S.I. 1987/1968; relevant amending instruments are S.I. 1992/247, 1993/2113, 1994/2319, 1996/1460, 1996/2306 and 1998/1381.

M7 S.I. 1988/664; the relevant amending instruments are S.I. 1991/2742 and 1996/30.

M8 S.I. 1994/2945, to which there are amendments not relevant to this Order.

M9 S.I. 1995/311; the relevant amending instrument is S.I. 1995/987.

M10 S.I. 1995/482; the relevant amending instrument is S.I. 1995/2303.

M11 S.I. 1996/30.

M12 S.I. 1996/2745.