The Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 2008

Statutory Instruments

2008 No. 1957

Social Security, England And Wales

Family Law, England And Wales

Child Support

The Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 2008

Made

18th July 2008

Laid before Parliament

22nd July 2008

Coming into force

20th August 2008

The Secretary of State, in exercise of the powers conferred by section 6(3) of the Social Security Act 1998(1), and with the concurrence of the Lord Chancellor, makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 2008 and will come into force on 20th August 2008.

Amendment to the Social Security and Child Support (Decisions and Appeals) Regulations 1999

2.  For paragraph 1(a) of Schedule 3 to the Social Security and Child Support (Decisions and Appeals) Regulations 1999(2) substitute—

“(a) are solicitors of the Senior Courts of England and Wales, barristers in England and Wales or who have a qualification that is specified in an order made under section 7(6A) of the Social Security Act 1998(3); or”.

3.  At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005(4) (renaming of Supreme Court), the reference to the Senior Courts in paragraph 1(a) of Schedule 3 to the Social Security and Child Support (Decisions and Appeals) Regulations 1999, as substituted by regulation 2, is to be read as a reference to the Supreme Court.

Jack Straw

Secretary of State for Justice

18th July 2008

I concur

Jack Straw

Lord Chancellor

18th July 2008

EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations amend the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991) (“the 1999 Regulations”). The 1999 Regulations supplement changes introduced by the Social Security Act 1998 (c.14) and provide for procedural rules and other requirements of a new unified appeals system introduced by the Act for social security, child support, contracting out of pensions and vaccine damage.

These Regulations amend the provisions setting out the legal qualifications required for a person to become a panel member for the purposes of section 6 of the 1998 Act by substituting a reference to qualification as a solicitor or barrister (or a qualification specified by Order) in place of a reference to a qualification mentioned in section 71 of the Courts and Legal Services Act 1990 (c. 41) for appointment as a panel member.

(1)

1998 c. 14; section 6 was amended by the Constitutional Reform Act 2005 (c. 4), section 15(1), Schedule 4, Part 1, paragraphs 271 and 272; and by S.I. 2000/253 and by S.I. 1999/1042.

(2)

S.I. 1999/991.

(3)

1998 c.14; section 7(6A) was substituted by the Tribunals, Courts and Enforcement Act 2007 (c.15), section 50 and Schedule 10, Part 1, paragraph 29(1) and (4).

(4)

2005 c. 4.