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

Article 3(8)

SCHEDULE 7 MODIFICATION OF THE SOCIAL SECURITY (CLAIMS AND PAYMENTS) REGULATIONS 1987

1.  As if in regulation 2(1)(1) (interpretation), in the definition of “claim for benefit” for the words “the review of an award or” (in both places where the expression occurs) there were substituted the words “a revision under section 9 or a supersession under section 10 of the Social Security Act 1998 of”.

2.  As if in regulation 13 (advance claims and awards)—

(a) in paragraph (1) for the words—

(i) “adjudicating authority” there were substituted the words “Secretary of State”;

(ii) “that authority” there were substituted the words “the Secretary of State”; and

(b) in paragraph (2), for the words “An award under paragraph (1)(b) shall be reviewed by the adjudicating authority” there were substituted the words “A decision pursuant to paragraph (1)(b) to award benefit may be revised under section 9 of the Social Security Act 1998”.

3.  As if in regulation 17(4) (duration of awards), the words from “; and where those” to the end were omitted.

4.  As if in the heading to Part V, the words “SUSPENSION AND” were omitted.

5.  As if regulations 37 to 37B(2) (suspension and withholding of benefit) were omitted.

6.  As if in regulation 38(2A)(3) (extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period)—

(a) for the words “adjudicating authority” in both places in which they occur there were substituted the words “Secretary of State”;

(b) in sub-paragraph (a) for the words “the Secretary of State has” there were substituted the word “he”; and

(c) in sub-paragraph (c)—

(i) the words “the Secretary of State has certified” were omitted;

(ii) the word “that” in each place in which it occurs were omitted;

(iii) in head (ii), for the word “him” there were substituted the words “the Secretary of State”.

(1)

There are amendments to regulation 2 which are not relevant to this Order.

(2)

Regulations 37, 37A and 37B were substituted for regulation 37 by S.I. 1992/247. Regulation 37 was amended by S.I. 1993/2113, 1996/1460 and 1996/2306. Regulation 37A was substituted by S.I. 1998/1381. Regulations 37AA and 37AB were inserted by S.I. 1994/2319. Regulation 37AA was amended by S.I. 1996/2306 and 1996/1460.

(3)

Regulation 38 (2A) was inserted by S.I. 1989/1686 and amended by S.I. 1993/2113.