The Secretary of State for Social Security, in exercise of the powers conferred on him by sections 79(3) and (4) and 87(2) of the Social Security Act 1998[1] and of all other powers enabling him in that behalf, hereby makes the following Order:
- (1) This Order may be cited as the Social Security Act 1998 (Commencement No. 5) Order 1999.
(2) In this Order, except where the context otherwise requires, references to sections and Schedules are references to sections of and Schedules to the Social Security Act 1998.
| Column (1) | Column (2) |
| Provisions of the Social Security Act 1998 | Subject Matter |
| Section 6(3) | Qualifications for appointment to Lord Chancellor's Panel |
| Section 7(6) | Constitution of appeal tribunals |
| Section 9(1), (4) and (6) | Revision of decisions |
| Section 10(3) and (6) | Decisions superseding earlier decisions of the Secretary of State and appeal tribunals |
| Section 11(1) | Regulations with respect to decisions |
| Section 12(2), (3), (6) and (7) | Appeals to appeal tribunals |
| Section 14(3), (10) and (11) | Appeal from tribunal to Commissioner |
| Section 15(2) and (3) | Appeal from Commissioner on point of law |
| Section 16(1) to (3) and (9) and Schedule 5 | Procedure |
| Section 17 | Finality of decisions |
| Section 18(1) | Matters arising as respects decisions |
| Section 20 | Medical examination required by appeal tribunal |
| Section 21 | Suspension in prescribed circumstances |
| Section 22 | Suspension for failure to disclose information |
| Section 23 | Termination for failure to disclose |
| Section 24 | Consequences of refusal to submit to medical examination |
| Section 25(3)(b) and (5)(c) | Decisions involving issues that arise on appeal in other cases |
| Section 26(6)(c) | Appeals involving issues that arise on appeal in other cases |
| Section 28 | Correction of errors and setting aside of decisions |
| Section 31(2) and (3) | Incapacity for work |
| Section 38(1)(a) and (3) | Review of social fund determinations |
| Section 41 in so far as it substitutes section 17(3) and (5) to the Child Support Act 1991 | Child support decisions superseding earlier decisions |
| Section 42 in so far as it substitutes section 20(4), (5) and (6) of the Child Support Act 1991 | Child support appeals to appeal tribunals |
| Section 43 in so far as it inserts sections 28ZA(2)(b) and (4)(c) and 28ZB(6)(c) into the Child Support Act 1991 | Child support decisions and appeals dependent on other cases |
| Section 44 in so far as it inserts section 28ZD into the Child Support Act 1991 | Restrictions on liability for child support in certain cases of error, correction of errors and setting aside of decisions |
| Section 45 in so far as it inserts section 3A(1), (3) and (4) into the Vaccine Damage Payments Act 1979 | Amendments to the Vaccine Damage Payments Act 1979; Decisions reversing earlier decisions |
| Section 46 in so far as it substitutes section 4(2) and (3) of the Vaccine Damage Payments Act 1979 | Vaccine Damage Payments Act 1979, appeals |
| Section 47 which inserts section 7A into the Vaccine Damage Payments Act 1979 | Vaccine Damage Payments Act 1979, correction of errors and setting aside decisions |
| Section 74 which inserts section 5(1)(hh) into the Social Security Administration Act 1992 | Provision of information |
| Schedule 1 paragraphs 7, 11 and 12 and section 7(7) in so far as it relates to them | Appeal tribunals supplementary provisions |
| Schedule 2 paragraph 9 and section 12(1) in so far as it relates to it | Decisions against which no appeal lies |
| Schedule 3 paragraphs 1, 4 and 9 and section 12(1) in so far as it relates to them | Decisions against which an appeal lies |
| Schedule 4 paragraphs 6 and 8 and section 14(12) in so far as it relates to them | Social Security Commissioners |
Schedule 7 as respects the paragraphs specified below and section 86(1) in so far as it relates to them -
Paragraph 8
| Finality of decisions under the Vaccine Damage Payments Act 1979 |
Paragraph 9
| Amendment of section 8(3) of the Vaccine Damage Payments Act 1979, regulations |
Paragraph 35(2)
| Decisions revising or superseding a decision as to maintenance |
Paragraph 39
| Substitutes section 28H of the Child Support Act 1991, departure directions |
Paragraphs 40 and 43(3)
| Amendments as respects contributions to maintenance and reduced benefit directions |
Paragraph 44 in so far as it relates to the insertion of sections 46A(2) and 46B in the Child Support Act 1991
| Finality of decisions and matters arising as respects decisions |
Paragraph 46 in so far as it is not already in force
| Supplementary powers for regulations under section 51 Child of the Support Act 1991 |
Paragraph 52(4) which substitutes paragraph 6(2) of Schedule 4 to the Child Support Act 1991
| Finality of certain findings of fact |
Paragraph 53(5)
| Joint consideration of departure applications and appeals |
Paragraph 54 inserting Schedule 4C into the Child Support Act 1991
| Decisions and appeals: departure directions and reduced benefit directions |
Paragraph 121
| Tribunals under direct control of Council on Tribunals |
Paragraph 131
| Substitution of section 170 of the Pension Schemes Act 1993, decisions and appeals |
Paragraph 149(1)
| Substitution of section 10(1) the Social Security (Recovery of Benefits) Act 1997 |
This Order provides for the coming into force on 4th March 1999 of powers provided in the Social Security Act 1998 which are specified in the Schedule to this Order enabling Regulations to be made relating to the decision making and appeals under the specified enactments.
This Order does not impose a charge on businesses.
The following provisions have been brought into force by the Social Security Act 1998 (Commencement No.1) Order 1998 (S.I. 1998/2209), the Social Security Act 1998 (Commence ment No.2) Order 1998 (S.I. 1998/2780), the Social Security Act 1998 (Commencement No.3) Order 1999 (S.I. 1999/418) and the Social Security Act 1998 (Commencement No. 4) Order 1999 (S.I. 1999/526).
| Provision of Social Security Act 1998 | Date of Commencement | S.I. Number |
| Section 2 (except section 2(2)(a)) | 8th September 1998 | 1998/2209 |
| Section 3 | 8th September 1998 | 1998/2209 |
| Section 16(4) and (5) | 8th September 1998 and | |
| | 6th April 1999 | 1998/2209 |
| Section 40 | 16th November 1998 and 7th December 1998 | 1998/2780 |
| Section 48 | 8th September 1998 | 1998/2209 |
| Section 49 | 8th September 1998 | 1998/2209 |
| Section 50(1) (partially) | 8th September 1998 | 1998/2209 |
| Section 51 | 23rd February 1999 and 6th April 1999 | 1999/418 |
| Section 52 | 8th September 1998 | 1998/2209 |
| Section 53 | 8th September 1998 and 6th April 1999 | 1998/2209 |
| Section 54 | 4th March 1999 and 6th April 1999 | 1999/526 |
| Section 55 | 8th September 1998 | 1998/2209 |
| Section 56(1) | 6th April 1999 | 1999/526 |
| Section 56(2) | 4th March 1999 and 6th April 1999 | 1999/526 |
| Section 57 | 4th March 1999 and 6th April 1999 | 1999/526 |
| Section 59 | 8th September 1998 | 1998/2209 |
| Section 60 | 4th March 1999 and 6th April 1999 | 1999/526 |
| Section 61 (partially) | 4th March 1999 and 6th April 1999 | 1999/526 |
| Section 62 | 6th April 1999 | 1999/526 |
| Section 63 | 4th March 1999 and 6th April 1999 | 1999/526 |
| Section 64 | 6th April 1999 | 1999/526 |
| Section 65 | 8th September 1998 and 6th April 1999 | 1998/2209 |
| Section 68 | 8th September 1998 | 1998/2209 |
| Section 73 | 6th April 1999 | 1998/2209 |
| Section 75 | 5th October 1998 | 1998/2209 |
| Section 76 | 16th November 1998 | 1998/2780 |
| Section 86(2) and Schedule 8 (partially) | 8th September 1998 and 6th April 1999 | 1998/2209 |
Schedule 7 in the respects specified below and section 86(1) in so far as it relates to them -
paragraph 16
| 6th April 1999 | 1999/418 |
| paragraph 27(a) | 8th September 1998 | 1998/2209 |
| paragraph 46(a) | 16th November 1998 | 1998/2780 |
| paragraph 49 | 8th September 1998 | 1998/2209 |
| paragraph 56 | 8th September 1998 and 6th April 1999 | 1998/2209 |
| paragraph 57 | 6th April 1999 | 1998/2209 |
| paragraph 58(1) | 6th April 1999 | 1999/418 |
| paragraph 58(2) | 6th April 1999 | 1998/2209 |
| paragraphs 59 to 61 | 6th April 1999 | 1999/418 |
| paragraph 71(b), (c) and (e) | 6th April 1999 | 1999/418 |
| paragraph 71(d) | 8th September 1998 and 6th April 1999 | 1998/2209 |
| paragraphs 74, 75 and 77(2) to (5) | 6th April 1999 | 1999/418 |
| paragraph 77(1), (6) to (9), (11), (12) and (14) to (16) | 8th September 1998 and 6th April 1999 | 1998/2209 |
| paragraph 85 | 6th April 1999 | 1999/526 |
| paragraph 86 | 6th April 1999 | 1998/2209 |
| paragraph 87 | 6th April 1999 | 1999/526 |
| paragraph 90 | 6th April 1999 | 1999/418 |
| paragraph 91 | 8th September 1998 and 6th April 1999 | 1998/2209 |
| paragraphs 92 to 94 | 6th April 1999 | 1999/418 |
| paragraph 99 | 8th September 1998 and 6th April 1999 | 1998/2209 |
| | | 1999/418 |
| | | 1999/526 |
| paragraph 100 | 6th April 1999 | 1998/2209 |
| | | 1999/526 |
| paragraph 110(1)(a) | 8th September 1998 and 6th April 1999 | 1998/2209 |
| paragraph 110(1)(b) | 6th April 1999 | 1999/418 |
| paragraph 114 | 8th September 1998 and 6th April 1999 | 1998/2209 |
| paragraphs 126 to 128 and 133 | 6th April 1999 | 1999/418 |
| Schedule 8 (partially) and section 86(2) in so far as it relates to it | 6th April | 1999/526 |
