Statutory Instruments
SOCIAL SECURITY
Made
31st March 1999
The Secretary of State for Social Security, in exercise of the powers conferred by sections 79(3) 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:
1.-(1) This Order may be cited as the Social Security Act 1998 (Commencement No. 6) 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.
(3) In this Order "subject to directions and guidance" means in accordance with-“
(a)directions given under section 138(1)(b) of the Contributions and Benefits Act(2) and section 66 of the Administration Act(3);
(b)general directions issued under section 140(2) of the Contributions and Benefits Act and sections 66 and 168(5) of the Administration Act; and
(c)guidance issued under section 138(1)(b) of the Contributions and Benefits Act,
and taking account of guidance and general guidance issued under section 66 of the Administration Act and general guidance issued under section 140(2) of the Contributions and Benefits Act and section 64(3) the Administration Act.
2. 5th April 1999 is the appointed day for the coming into force of-“
(a)sections 70 and 71;
(b)sub-paragraphs (3) and (4) of paragraph 72 of Schedule 7 and section 86(1) in so far as it relates to them; and
(c)section 86(2) and Schedule 8 in so far as they repeal sections 139(3) and 140(4)(e) of the Contributions and Benefits Act.
3.-(1) Any question arising upon-“
(a)an application made before the appointed day for a payment out of the social fund; or
(b)a review of a determination made subject to directions and guidance in force before the appointed day, shall be determined subject to directions and guidance in force immediately before the appointed day.
(2) Until the coming into force of paragraph 73 of Schedule 7, section 140(1A) of the Contributions and Benefits Act shall have effect as if the references to "an appropriate officer" and "the appropriate officer" were references respectively to "a social fund officer" and "the social fund officer".
Signed by authority of the Secretary of State for Social Security.
Patricia Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
31st March 1999
(This note is not part of the Order)
This Order provides for the coming into force on 5th April 1999 of provisions in the Social Security Act 1998 which amend provisions in the Social Security Contributions and Benefits Act 1992 relating to payments from the social fund.
Article 2(a) commences provisions which enable payments to be made out of the social fund by way of community care grant, crisis loan or budgeting loan in accordance with directions given or guidance issued by the Secretary of State. The terms "community care grant", "crisis loan" and "budgeting loan" are defined. Provision is made that an application for an award of a community care grant may be treated as an application for an award of a crisis loan and vice versa in circumstances specified in a direction issued by the Secretary of State. Provision is also made as to the factors which a social fund officer should take into account in determining whether to make a budgeting loan.
Article 2(b) and (c) commence provisions which make amendments to, and repeal, provisions consequential on the effect of the provisions commenced by article 2(a).
Article 3 makes transitional provision in the light of the effect of the provisions commenced by article 2. Article 3(1) provides that questions arising on applications or decisions made before 5th April 1999 shall be determined subject to directions and guidance in force on 4th April 1999. Article 3(2) provides that the references to appropriate officers in section 140(1A) (which is inserted by virtue of article 2(a)) shall be treated as references to social fund officers.
This Order does not impose a charge on business.
(This note is not part of the Order)
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 (Commencement No. 2) Order 1998 (S.I. 1998/2780), the Social Security Act 1998 (Commencement No. 3) Order 1999 (S.I. 1999/418), the Social Security Act 1998 (Commencement No. 4) Order 1999 (S.I. 1999/526) and the Social Security Act 1998 (Commencement No. 5) Order 1999 (S.I. 1999/528).
Provision of Social Security Act | 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 |
*(4) section 6 (3) | 4th March 1999 | 1999/528 |
*section 7(6) | 4th March 1999 | 1999/528 |
*section 7(7) in so far as it relates to the regulation-making powers in paragraphs 7, 11 and 12 of Schedule 1 | 4th March 1999 | 1999/528 |
*section 9(1), (4) and (6) | 4th March 1999 | 1999/528 |
*section 10(3) and (6) | 4th March 1999 | 1999/528 |
*section 11(1) | 4th March 1999 | 1999/528 |
*section 12(1) in so far as it relates to paragraph 9 of Schedule 2 and paragraphs 1, 4 and 9 of Schedule 3 | 4th March 1999 | 1999/528 |
*section 12(2), (3), (6) and (7) | 4th March 1999 | 1999/528 |
*section 14(3), (10) and (11) | 4th March 1999 | 1999/528 |
*section 14(12) in so far as it relates to paragraph 6 and 8 of Schedule 4 | 4th March 1999 | 1999/528 |
*section 15(2) and (3) | 4th March 1999 | 1999/528 |
*section 16(1) to (3) and (9) and Schedule 5 | 4th March 1999 | 1999/528 |
section 16(4) and (5) | 8th September 1998 and 6th April 1999 | 1998/2209 |
*section 17 | 4th March 1999 | 1999/528 |
*section 18(1) | 4th March 1999 | 1999/528 |
*sections 20 to 24 | 4th March 1999 | 1999/528 |
*section 25(3)(b) and (5)(c) | 4th March 1999 | 1999/528 |
*section 26(6)(c) | 4th March 1999 | 1999/528 |
*section 28 | 4th March 1999 | 1999/528 |
*section 31(2) and (3) | 4th March 1999 | 1999/528 |
*section 38(1)(a) and (3) | 4th March 1999 | 1999/528 |
section 40 | 16th November 1998 and 7th December 1998 | 1998/2780 |
*section 41 in so far as it substitutes section 17(3) and (5) of the Child Support Act 1991(5) | 4th March 1999 | 1999/528 |
*section 42 in so far as it substitutes section 20(4), (5) and (6) of the Child Support Act 1991 | 4th March 1999 | 1999/528 |
*section 43 in so far as it inserts section 28ZA(2)(b) and (4)(c) and 28ZB(6)(c) to the Child Support Act 1991 | 4th March 1999 | 1999/528 |
*section 44 in so far as it inserts section 28ZD into the Child Support Act 1991 | 4th March 1999 | 1999/528 |
*section 45 in so far as it inserts section 3A(1), (3) and (4) into the Vaccine Damage Payments Act 1979(6) | 4th March 1999 | 1999/528 |
*section 46 in so far as it substitutes section 4(2) and (3) of the Vaccine Damage Payments Act 1979 | 4th March 1999 | 1999/528 |
*section 47 in so far as it inserts section 7A into the Vaccine Damage Payments Act 1979 | 4th March 1999 | 1999/528 |
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 74 | 4th March 1999 | 1999/528 |
section 75 | 5th October 1998 | 1998/2209 |
section 76 | 16th November 1998 | 1998/2780 |
*Schedule 1, paragraphs 7, 11 and 12 | 4th March 1999 | 1999/528 |
*Schedule 2, paragraph 9 | 4th March 1999 | 1999/528 |
*Schedule 3, paragraphs 1, 4 and 9 | 4th March 1999 | 1999/528 |
*Schedule 4, paragraphs 6 and 8 | 4th March 1999 | 1999/528 |
Schedule 7 in the respects specified below and section 86(1) in so far as it relates to them-“
| 4th March 1999 | 1999/528 |
| 4th March 1999 | 1999/528 |
| 6th April 1999 | 1999/418 |
| 8th September 1998 | 1998/2209 |
| 4th March 1999 | 1999/528 |
| 4th March 1999 | 1999/528 |
| 4th March 1999 | 1999/528 |
| 4th March 1999 | 1999/528 |
| 16th November 1998 and 4th March 1999 | 1998/2780 and 1999/528 |
| 8th September 1998 | 1998/2209 |
| 4th March 1999 | 1999/528 |
| 4th March 1999 | 1999/528 |
| 4th March 1999 | 1999/528 |
| 8th September 1998 and 6th April 1999 | 1998/2209 |
| 6th April 1999 | 1998/2209 |
| 6th April 1999 | 1999/418 |
| 6th April 1999 | 1998/2209 |
| 6th April 1999 | 1999/418 |
| 6th April 1999 | 1999/418 |
| 8th September 1998 and 6th April 1999 | 1998/2209 |
| 6th April 1999 | 1998/418 |
| 8th September 1998 and 6th April 1999 | 1998/2209 |
| 6th April 1999 | 1999/526 |
| 6th April 1999 | 1998/2209 1999/526 |
| 6th April 1999 | 1999/526 |
| 6th April 1999 | 1999/418 |
| 8th September 1998 and 6th April 1999 | 1998/2209 |
| 6th April 1999 | 1999/418 |
| 8th September 1998 and 6th April 1999 | 1998/2209 1999/418 1999/526 |
| 6th April 1999 | 1998/2209 and |
1999/526 | ||
| 4th March 1999 | 1999/528 |
| 8th September 1998 and 6th April 1999 | 1998/2209 |
| 6th April 1999 | 1999/418 |
| 8th September 1998 and 6th April 1999 | 1998/2209 |
| 6th April 1999 | 1999/418 |
| 4th March 1999 | 1999/528 |
| 4th March 1999 | 1999/528 |
| 6th April 1999 | 1999/418 |
| 4th March 1999 | 1999/528 |
section 86(2) and Schedule 8 (partially) | 8th September 1998 and 6th April 1999 | 1998/2209, 1999/418 and 1999/526 |
In this note an asterisk indicates that the provision or provisions in the entry to which it relates has or have been commenced only for the purposes of making regulations.