Statutory Instrument 1999 No. 1510 (C.43)

The Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1999 No. 1510 (C.43)

SOCIAL SECURITY

FAMILY LAW

CHILD SUPPORT

The Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999

Made

27th May 1999

The Secretary of State for Social Security, in exercise of the powers conferred on him by sections 79(3) and (4) and 87(2) and (3) of the Social Security Act 1998[1] and of all other powers enabling him in that behalf, hereby makes the following Order:



PART I
Citation and interpretation
    1. - (1) This Order may be cited as the Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999.

    (2) In Part III of this Order a reference to a numbered regulation is to a regulation of the Child Support (Information, Evidence and Disclosure) Regulations 1992[2] bearing that number.

    (3) In Part IV of this Order a reference to a numbered regulation or Schedule is to a regulation of or, as the case may be, a numbered Schedule to the Child Support (Maintenance Assessments and Special Cases) Regulations 1992[3] bearing that number.

    (4) In Part V of this Order, unless the context otherwise requires, a reference to a numbered regulation is to a regulation of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992[4] bearing that number.

    (5) In Part VI of this Order a reference to a numbered regulation is to a regulation of the Child Support (Collection and Enforcement) Regulations 1992[5] bearing that number.

    (6) In Part VIII of this Order a reference to a numbered regulation is to a regulation of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992[6] bearing that number.

    (7) In Part IX of this Order a reference to a numbered regulation is to a regulation of the Child Support (Miscellaneous Amendments and Transitional Provisions) Regulations 1994[7] bearing that number.

    (8) In Part X of this Order a reference to a numbered regulation is to a regulation of the Child Support and Income Support (Amendment) Regulations 1995[8] bearing that number.

    (9) In Part XI of this Order a reference to a numbered regulation is to a regulation of the Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995[9] bearing that number.

    (10) In Part XI of this Order a reference to a numbered regulation is to a regulation of the Child Support (Compensation for Recipients of Family Credit and Disability Working Allowance) Regulations 1995[10] bearing that number.

    (11) In Part XVII of this Order a reference to a numbered regulation is to a regulation of the Child Support (Miscellaneous Amendments) Regulations 1999[11] bearing that number.

Appointed day
    2.1st June 1999 is the appointed day for the coming into force of the following provisions of the Social Security Act 1998 (in so far as they are not already in force) - 

(a) section 1(c);

(b) section 4(1)(b) and (2)(b);

(c) sections 5 to 7 and paragraphs 1 to 9 and 11 to 13 of Schedule 1;

(d) sections 26(8) and 41 to 44;

(e) section 86(1) in so far as it relates to the provisions referred to in paragraph (g);

(f) section 86(2) and Schedule 8 in so far as they repeal - 


(i) the entries in Part III of Schedule 1 to the House of Commons Disqualification Act 1975[12] to which paragraph (g)(ii) below applies;

(ii) words in the Debtors (Scotland) Act 1987[13];

(iii) provisions in the Child Support Act 1991 and the Child Support Act 1995[14];

(iv) paragraph 3 of Schedule 2 to the Social Security Administration Act 1992[15];

(v) paragraph 3 of Schedule 2 to the Tribunals and Inquiries Act 1992[16];

(vi) the entries relating to chairmen of child support appeal tribunals in Part II of Schedule 1 to, and in Schedule 5 to, the Judicial Pensions and Retirement Act 1993[17]; and

(vii) paragraph 23(1) of Schedule 6 to the Judicial Pensions and Retirement Act 1993 and paragraph 21(1) of Schedule 8 to that Act; and



(g) in Schedule 7 - 



(i) paragraphs 1 and 2;

(ii) paragraph 4(2) in so far as it applies to the entries relating to regional or other full-time chairmen of child support appeal tribunals, the Chief Child Support Officer and members of a panel appointed under section 6 of the Tribunals and Inquiries Act 1992 of persons to act as chairmen of child support appeal tribunals;

(iii) paragraphs 4(3) and 18 to 45;

(iv) paragraph 47(a) and sub-paragraph (b) in so far as it relates to the definitions of "Chief Child Support Officer", "child support appeal tribunal" and "child support officer";

(v) paragraphs 46(b), 48 and 50 to 54;

(vi) paragraph 118(1) in so far as it substitutes for the words "paragraph 7" the words "paragraph 7(b)";

(vii) paragraphs 121(1), 122, 123(1)(b) and 124(1)(b); and

(viii) paragraphs 123(2) and 124(2) in so far as they apply to the entries relating to chairmen of child support appeal tribunals in Part II of Schedule 1 to, and in Schedule 5 to, the Judicial Pensions and Retirement Act 1993.

Date on which consequential amendments have effect
    3. - (1) Subject to paragraph (2), Part XVIII below and the amendments made by the following provisions of this Order shall have effect on 1st June 1999.

    (2) The amendment made by article 11(a)(iii) below shall have effect on 29th November 1999.

PART II
AMENDMENT OF SOCIAL SECURITY PROVISIONS
Amendment of Schedule 9 to the Social Security (Claims and Payments) Regulations 1987
    4.In paragraph 7A(1) of Schedule 9 to the Social Security (Claims and Payments) Regulations 1987[18], for the words "a child support officer (within the meaning of section 13 of the Child Support Act 1991)" there shall be substituted the words "the Secretary of State".

Amendment of regulation 51A of the Family Credit (General) Regulations 1987 and of regulation 56A of the Disability Working Allowance (General) Regulations 1991
    5. - (1) In paragraph (1)(a) of regulation 51A of the Family Credit (General) Regulations 1987[19] ("the Family Credit Regulations") and of regulation 56A of the Disability Working Allowance (General) Regulations 1991[20] ("the Disability Working Allowance Regula tions"), the words "by a child support officer" shall be omitted.

    (2) Paragraph (2)(a) of regulation 51A of the Family Credit Regulations and paragraph (2)(a) of regulation 56A of the Disability Working Allowance Regulations shall be omitted.



PART III
AMENDMENT OF THE CHILD SUPPORT (INFORMATION, EVIDENCE AND DISCLOSURE) REGULATIONS 1992
Amendment of regulation 2
    6.In regulation 2[21] (persons under a duty to furnish information or evidence) - 

(a) for paragraph (1) there shall be substituted the following paragraph - 

    " (1) A person falling within a category listed in paragraph (2) shall furnish such information or evidence - 


(a) with respect to the matter or matters specified in that paragraph in relation to that category; and

(b) which is in his possession or which he can reasonably be expected to acquire,



as is required by the Secretary of State to enable a decision to be made under section 11, 12, 16 or 17 of the Act."; and

(b) in paragraph (2) - 


(i) in sub-paragraph (b), the words "in respect of which a child support officer is conducting or proposing to conduct a review" shall be omitted; and

(ii) in sub-paragraphs (c) and (cc), the words "and a child support officer is conducting or proposing to conduct a review of that assessment" shall be omitted.

Amendment of regulation 3
    7.In regulation 3(1)[22] (purposes for which information or evidence may be required) - 

(a) the words "or a child support officer" shall be omitted; and

(b) in sub-paragraph (b), for the words "a child support officer" there shall be substituted the words "the Secretary of State".

Substitution of regulation 3A
    8.For regulation 3A[23] (contents of request for information or evidence) there shall be substituted the following regulation - 

    " 3A.Any request by the Secretary of State in accordance with regulations 2 and 3 for the provision of information or evidence shall set out the possible consequences of failure to provide such information or evidence.".

Amendment of regulation 5
    9.In regulation 5[24] (time within which information or evidence is to be furnished) - 

(a) in paragraph (1) - 


(i) the words "paragraph (2) and" shall be omitted; and

(ii) for the words ", 6(1) and 17(5)" there shall be substituted the words "and 6(1)"; and



(b) paragraph (2) shall be omitted.

Amendment of regulation 6
    10.In regulation 6 (continuing duty of persons with care) the words "or a child support officer" shall be omitted.

Amendment of regulation 8
    11.In regulation 8[25] (disclosure of information to a court or tribunal) - 

(a) in paragraph (1) - 


(i) the words "or a child support officer" shall be omitted;

(ii) for the word "them" there shall be substituted the word "him"; and

(iii) sub-paragraph (c) shall be omitted;



(b) in paragraph (2), for the words "a child support" there shall be substituted the word "an"; and

(c) in paragraph (3) - 



(i) the words "or a child support officer" shall be omitted; and

(ii) for the word "them" there shall be substituted the word "him".

Amendment of regulation 9A
    12.In regulation 9A[26] (disclosure of information to other persons) - 

(a) the words "or a child support officer" in each place in which they occur shall be omitted;

(b) in paragraph (1)(a), for the words "review under section 17 or 18 of the Act" there shall be substituted the words "revision under section 16 of the Act or a decision under section 17 of the Act superseding an earlier decision";

(c) in paragraph (2) - 


(i) in sub-paragraph (b), for the words "3A of the Child Support Appeal Tribunals (Procedure) Regulations 1992" there shall be substituted the words "34 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999[27]"; and

(ii) in sub-paragraph (c)(i), for the word "review" in both places in which it occurs there shall be substituted the words "revision, supersession"; and



(d) in paragraph (4)(a), for the words "the child support officer concerned" there shall be substituted the words "the officer concerned who is exercising functions of the Secretary of State under the Act".

Revocation of regulations 10 and 10A
    13.Regulations 10 (disclosure of information by the Secretary of State) and 10A[28] (disclosure of information by a child support officer) are hereby revoked.

PART IV
AMENDMENT OF THE CHILD SUPPORT (MAINTENANCE ASSESSMENTS AND SPECIAL CASES) REGULATIONS 1992
Amendment of regulation 1
    14. - (1) In regulation 1(2)[29] (interpretation) - 

(a) in the definition of "day to day care" - 


(i) for the words "child support officer, a period other than 12 months but ending with the relevant week" there shall be substituted the words "Secretary of State, a period other than 12 months"; and

(ii) for heads (iii) and (iv) there shall be substituted the following head - 


" (iii) in a case where notification is given under regulation 24 of the Maintenance Assessment Procedure Regulations to the relevant persons on different dates, "relevant week" means the period of seven days immediately preceding the date of the latest notification;";



(b) in the definition of "home" - 



(i) for the words "child support officer" there shall be substituted the words "Secretary of State"; and

(ii) for the words "that officer" there shall be substituted the words "the Secretary of State"; and



(c) for the definition of "relevant week" there shall be substituted the following definition - 

" "relevant week" means - 
(a) in relation to an application for child support maintenance - 


(i) in the case of the applicant, the period of seven days immediately preceding the date on which the appropriate maintenance assessment application form (being an effective application within the meaning of regulation 2(4) of the Maintenance Assessment Procedure Regulations) is submitted to the Secretary of State;

(ii) in the case of a person to whom a maintenance assessment enquiry form is given or sent as the result of such an application, the period of seven days immediately preceding the date on which that form is given or sent to him or, as the case may be, the date on which it is treated as having been given or sent to him under regulation 1(6)(b) of the Maintenance Assessment Procedure Regulations;



(b) where a decision ("the original decision") is to be - 



(i) revised under section 16 of the Act; or

(ii) superseded by a decision under section 17 of the Act on the basis that the original decision was made in ignorance of, or was based upon a mistake as to some material fact or was erroneous in point of law,



the period of seven days which was the relevant week for the purposes of the original decision;

(c) where a decision ("the original decision") is to be superseded by a decision under section 17 of the Act - 



(i) on an application made for the purpose on the basis that a material change of circumstances has occurred since the original decision was made, the period of seven days immediately preceding the date on which that application was made;

(ii) subject to paragraph (b), in a case where a relevant person is given notice under regulation 24 of the Maintenance Assessment Procedure Regulations[30], the period of seven days immediately preceding the date of that notification;



except that where, under paragraph 15 of Schedule 1 to the Act, the Secretary of State makes separate maintenance assessments in respect of different periods in a particular case, because he is aware of one or more changes of circumstances which occurred after the date which is applicable to that case under paragraph (a), (b) or (c) the relevant week for the purposes of each separate assessment made to take account of each such change of circumstances, shall be the period of seven days immediately preceding the date on which notification was given to the Secretary of State of the change of circumstances relevant to that separate maintenance assessment;".

Amendment of regulation 2
    15.In regulation 2(3)[31] (calculation or estimation of amounts), for the words "A child support officer" there shall be substituted the words "The Secretary of State".

Amendment of regulations 7, 10A and 20
    16.In regulations 7(4)[32], 10A(2)(b)(ii)[33] and 20(2)(b)(ii), for the words "child support officer" there shall be substituted the words "Secretary of State".

Amendment of regulation 19
    17.In regulation 19[34] (both parents are absent) - 

(a) in paragraph (3), the words "or to a child support officer" shall be omitted; and

(b) in paragraph (4), for the words "child support officer" there shall be substituted the words "Secretary of State".

Amendment of regulation 22
    18.In regulation 22[35] (multiple applications relating to an absent parent) - 

(a) in paragraph (2B) for sub-paragraph (c) there shall be substituted the following sub-paragraph - 


" (c) any of those assessments falls to be replaced by a fresh assessment to be made by virtue of a revision under section 16 of the Act or a decision under section 17 of the Act superseding an earlier decision,"; and



(b) in paragraph (2C) for the words "it is not reviewed under any of the provisions set out in" there shall be substituted the words "not within".

Amendment of Schedule 1
    19.In Schedule 1[36] (calculation of N and M) - 

(a) in paragraph 2 - 


(i) in sub-paragraphs (1), (1A) and (4), for the words "child support officer" in each place in which they occur there shall be substituted the words "Secretary of State"; and

(ii) in sub-paragraph (3A), for the words "a child support officer" there shall be substituted the words "the Secretary of State";



(b) in paragraph 5 - 



(i) in sub-paragraph (2A), for the words "the officer" there shall be substituted the words "the Secretary of State"; and

(ii) in sub-paragraphs (2A), (3) and (5), for the words "child support officer" in each place in which they occur there shall be substituted the words "Secretary of State";



(c) in paragraph 16(6), for the words "child support officer" in both places in which they occur there shall be substituted the words "Secretary of State";

(d) in paragraphs 26, 27 and 30, for the words "a child support officer" in each place in which they occur there shall be substituted the words "the Secretary of State"; and

(e) in paragraphs 27, 30 and 31, for the words "child support officer" there shall be substituted the words "Secretary of State".

Amendment of Schedule 3
    20.In paragraph 2(k)[37] of Schedule 3 (eligible housing costs), for the words "child support officer" there shall be substituted the words "Secretary of State".

Amendment of Schedule 3A
    21.In Schedule 3A[38] (amount to be allowed in respect of transfers of property) - 

(a) in paragraph 2(2) - 


(i) for the words "a child support officer" there shall be substituted the words "the Secretary of State"; and

(ii) for the words "the officer" there shall be substituted the word "he"; and



(b) for paragraph 3 there shall be substituted the following paragraph - 

    " 3. - (1) Where an absent parent has notified the Secretary of State that he wishes him to consider whether an amount should be allowed in respect of the relevant value of a qualifying transfer, the Secretary of State shall - 


(a) give notice to the other parent of that application; and

(b) have regard in determining the application to any representations made by the other parent which are received within the period specified in sub-paragraph (2).



    (2) The period specified in this sub-paragraph is one month from the date on which the notice referred to in sub-paragraph (1)(a) above was sent or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case.".

Amendment of Schedule 3B
    22.In paragraphs 1 (in the definition of "work place"), 4(b), 8(2), 10, 15(2) and 17 of Schedule 3B[39] (amount to be allowed in respect of travelling costs), for the words "child support officer" there shall be substituted the words "Secretary of State".

Amendment of Schedule 5
    23.Paragraphs 1 to 8 of Schedule 5[40] (provisions applying to cases to which section 43 of the Act and regulation 28 apply) shall be omitted.

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Notes:

[1] 1998 c.14.back

[2] S.I. 1992/1812; the relevant amending instruments are S.I. 1995/123, 1995/1045, 1995/3261, 1996/1945, 1996/2907, 1998/58 and 1999/977.back

[3] S.I. 1992/1815; the relevant amending instruments are S.I. 1993/913, 1995/1045, 1995/3261, 1996/3196 and 1998/58.back

[4] S.I. 1992/1816; the relevant amending instruments are S.I. 1993/913, 1995/1045, 1995/3261, 1996/2907 and 1998/2799.back

[5] S.I. 1992/1989; the relevant amending instruments are S.I. 1995/1045 and 1998/2799.back

[6] S.I. 1992/2645, to which there are amendments not relevant to this Order.back

[7] S.I. 1994/227; the relevant amending instruments are S.I. 1995/1045 and 1995/3261.back

[8] S.I. 1995/1045.back

[9] S.I. 1995/3261.back

[10] S.I. 1995/3263.back

[11] S.I. 1999/977.back

[12] 1975 c.24.back

[13] 1987 c.18.back

[14] 1995 c.34.back

[15] 1992 c.5.back

[16] 1992 c.53.back

[17] 1993 c.8.back

[18] S.I. 1987/1968; paragraph 7A was inserted by S.I. 1993/478 and sub-paragraph (1) was substituted by S.I. 1993/2113.back

[19] S.I. 1987/1973; regulation 51A was inserted by S.I. 1993/315.back

[20] S.I. 1991/2887; regulation 56A was inserted by S.I. 1993/315.back

[21] Regulation 2 was amended by S.I. 1995/123, 1995/1045, 1995/3261 and 1996/1945.back

[22] The relevant amending instruments are S.I. 1995/3261 and 1996/1945.back

[23] Regulation 3A was inserted by S.I. 1995/3261.back

[24] Regulation 5 was substituted by S.I. 1995/3261.back

[25] Regulation 8 was amended by S.I. 1996/2907 and 1998/58.back

[26] Regulation 9A was inserted by S.I. 1995/1045 and amended by S.I. 1995/3261, 1996/2907, 1998/58 and 1999/977.back

[27] S.I. 1999/991.back

[28] Regulations 10 and 10A were substituted for regulation 10 by S.I. 1995/3261 and amended by S.I. 1996/2907.back

[29] The relevant amending instruments are S.I. 1993/913, 1995/1045, 1995/3261, 1996/3196 and 1998/58.back

[30] Regulation 24 was added by S.I. 1999/1047.back

[31] There are amendments to regulation 2 which are not relevant to this Order.back

[32] There is an amendment to regulation 7 which is not relevant to this Order.back

[33] Regulation 10A was inserted by S.I. 1996/3196.back

[34] The relevant amending instrument is S.I. 1999/977.back

[35] Paragraph (2B) was inserted by S.I. 1998/58.back

[36] The relevant amending instruments are S.I. 1995/1045 and 1996/3196.back

[37] Paragraph 2 was amended by S.I. 1995/1045.back

[38] Schedule 3A was inserted by S.I. 1995/1045. There are amendments to Schedule 3A which are not relevant to this Order.back

[39] Schedule 3B was inserted by S.I. 1995/1045 and amended by S.I. 1995/3261.back

[40] Schedule 5 was added by S.I. 1993/913 and amended by S.I. 1993/925 and 1995/1045.back

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