The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 No. 2860 (C. 75)

Article 3(5)

SCHEDULE 5 E+W+S MODIFICATION OF THE COMMUNITY CHARGES (DEDUCTIONS FROM INCOME SUPPORT) (SCOTLAND) REGULATIONS 1989

[F1 1.   As if in regulation 1(2) M1 (interpretation)— E+W+S

(a) the definition of “adjudication officer" were omitted;

(b) for the definition of “Commissioner" there were substituted the following definition—

““Commissioner" means the Chief or any other Social Security Commissioner appointed in accordance with section 14(12) of, and Schedule 4 to, the Social Security Act 1998 and includes a Tribunal of Commissioners constituted in accordance with section 16(7) of that Act;”; and

(c) for the definition of “tribunal" there were substituted the following definition—

““tribunal" means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998; and”.

Textual Amendments

F1 Schs. 2-6 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. 3(1)(a), Sch. 20 para. 1(c) (with reg. 3(1)(b), Schs. 21-23)

Marginal Citations

M1 The relevant amending instrument is S.I. 1990/113.

2.   As if in regulation 2 M2 (deductions from income support or jobseeker’s allowance)— E+W+S

(a) in paragraph (4)—

(i) the words “refer it to an adjudication officer who shall" were omitted;

(ii) in sub-paragraph (a)—

(aa) for the words “the Secretary of State" there were substituted the word “ him ”;

(bb) for the words “adjudication officer" there were substituted the words “ Secretary of State ”;

(iii) in sub-paragraph (aa)—

(aa) for the words “the Secretary of State" there were substituted the word “ him ”;

(bb) for the words “the adjudication officer" there were substituted the word “ he ”; and

(b) in paragraph (5)—

(i) for the words “or review" there were substituted the words “ , revision or supersession ”;

(ii) for the words “adjudication officer" there were substituted the words “ Secretary of State ”.

Textual Amendments

F1 Schs. 2-6 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. 3(1)(a), Sch. 20 para. 1(c) (with reg. 3(1)(b), Schs. 21-23)

Marginal Citations

M2 The relevant amending instruments are S.I. 1990/113, 1992/1026 and 1996/2344.

3.   As if in regulation 2A M3 (deductions from debtor’s jobseeker’s allowance) for the words— E+W+S

(a) “adjudication officer" in both places in which they occur there were substituted the words “ Secretary of State ”; and

(b) “the Secretary of State" in both places in which they occur there were substituted the word “ he ”.

Textual Amendments

F1 Schs. 2-6 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. 3(1)(a), Sch. 20 para. 1(c) (with reg. 3(1)(b), Schs. 21-23)

Marginal Citations

M3 Regulation 2A was inserted by S.I. 1996/2344.

4.   As if in regulation 3 (notification of decision)— E+W+S

(a) for the words “the adjudication officer’s" there were substituted the word “ his ”; and

(b) the words “after he receives that decision" were omitted.

Textual Amendments

F1 Schs. 2-6 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. 3(1)(a), Sch. 20 para. 1(c) (with reg. 3(1)(b), Schs. 21-23)

5.   As if regulation 5 (appeal) there were substituted the following regulation— E+W+S

“5.— (1) Where the Secretary of State has determined a question under regulation 2(4), the debtor may appeal to a tribunal.

(2) Subject to section 13 of the Social Security Act 1998, an appeal lies to a Commissioner from the decision of a tribunal.”

Textual Amendments

F1 Schs. 2-6 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. 3(1)(a), Sch. 20 para. 1(c) (with reg. 3(1)(b), Schs. 21-23)

6.   As if regulations 6 to 11 were omitted. E+W+S

Textual Amendments

F1 Schs. 2-6 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. 3(1)(a), Sch. 20 para. 1(c) (with reg. 3(1)(b), Schs. 21-23)

7.   As if Schedules 1 and 2 were omitted.] E+W+S

Textual Amendments

F1 Schs. 2-6 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. 3(1)(a), Sch. 20 para. 1(c) (with reg. 3(1)(b), Schs. 21-23)