Made |
27th September 1999 |
Laid before parliament |
27th September 1999 |
Coming into force |
18th October 1999 |
The Secretary of State for Social Security, in exercise of the powers conferred by sections 3A(1), (3) and (4), 4(2) and 8(2)(b) and (3)(a) of the Vaccine Damage Payments Act 1979147, sections 19(2) and 36(1) of the Jobseekers Act 1995, and sections 9(1), 10(3) and (6), 12(7), 16(1) and 79(1), (3) and (4) of, and paragraph 1(a) of Schedule 5 to, the Social Security Act 1998, and of all other powers enabling him in that behalf, after consultation with the Social Security Advisory Committee148 (except in relation to the provisions concerned with vaccine damage payments), by this Instrument hereby makes the following Regulations:
Part I
Citation, commencement and interpretation
1.-(1) These Regulations may be cited as the Social Security and Child Support (Decisions and Appeals), Vaccine Damage Payments and Jobseeker's Allowance (Amendment) Regulations 1999 and shall come into force on 18th October 1999.
(2) In Part II below any reference to a regulation or a Part is to a regulation or a Part of the Vaccine Damage Payments Regulations 1979149.
(3) In Part IV below any reference to a regulation is a reference to a regulation in the Social Security and Child Support (Decisions and Appeals) Regulations 1999150.
[Regulations 2-4 amend regulations 1(2), 4(1) and Part IV of S.I. 1979/432.]
[Regulation 5 amends regulation 69 of S.I. 1996/207.]
[Regulation 6-10 amend regulations 3, 6, 8, 33(1)(a)(i) and 53(3) of S.I. 1999/991.]
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker | |
Minister of State, | |
27th September 1999 |
Department of Social Security |
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Vaccine Damage Payments Regulations 1979 (S.I. 1979/432) ("the 1979 Regulations"), the Jobseeker's Allowance Regulations 1996 (S.I. 1996/207) ("the 1996 Regulations") and the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (ante) ("the 1999 Regulations").
Part II amends the 1979 Regulations in consequence of the commencement of sections 45 to 47 of the Social Security Act 1998 ("the 1998 Act"). Part IV (reconsideration) of the 1979 Regulations is replaced with a new Part IV (decisions reversing earlier decisions) which provides for the circumstances in which a decision of the Secretary of State or of an appeal tribunal may be reversed by a decision of the Secretary of State. The new Part IV also provides for the procedure to be followed in connection with the reversal of a decision. Minor amendments are also made to the 1979 Regulations to reflect the new procedures introduced by the 1998 Act.
Part III makes an amendment to the 1996 Regulations as to when benefit ceases to be payable under section 19 (circumstances in which a jobseeker's allowance is not payable) of the Jobseekers Act 1995 ("the 1995 Act") in cases where benefit is paid otherwise than fortnightly in arrears.
Part IV contains amendments to the 1999 Regulations. Provision is made-
- for the revision of decisions within one month of an appeal being made (regulation 6)
- to prevent revision or supersession of a decision in relation to an attendance allowance or a disability living allowance on the ground that a person is terminally ill unless an application for revision or supersession is made expressly on that ground (regulations 6 and 7);
- in connection with the supersession of decisions in relation to jobseeker's allowance where a sanction is imposed under section 19 of the 1995 Act (regulation 8).
Minor amendments are made by regulations 9 and 10 (so that provision is made explicitly in relation to the making of appeals against decisions of the Secretary of State under the Vaccine Damage Payments Act 1979 (1979 c. 17) and appeal tribunal decisions on such appeals).
These Regulations do not impose a charge on business.
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