Made |
20th March 2001 |
Coming into force |
2nd July 2001 |
The Lord Chancellor, in exercise of the powers conferred upon him by paragraphs 8 to 10, 19, 20(1) and (3) and 23(1) and (2) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000, sections 14 to 16, 28, 79(2), (4) and (6) and 84 of, and Schedules 4 and 5 to, the Social Security Act 1998, section 4(2) of the Forfeiture Act 1982, and of all other powers enabling him in that behalf, after consultation with the Scottish Ministers, in accordance with section 79(2) 85 of the Social Security Act 1998 and paragraph 20(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000, and with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992 , makes the following Regulations, a draft of which has, in accordance with section 80(1) of the Social Security Act 1998, been laid before and approved by resolution of each House of Parliament:
Citation, commencement and interpretation
1. - (1) These Regulations may be cited as the Social Security Commissioners (Procedure) (Amendment) Regulations 2001 and shall come into force on 2nd July 2001.
(2) In these Regulations a reference to a regulation by number alone means the regulation so numbered in the Social Security Commissioners (Procedure) Regulations 1999 86 .
Amendments to the Social Security Commissioners (Procedure) Regulations 1999
2. In regulation 3(2)(d) for the words "the Act", in both places that they occur, there shall be substituted the words "the 1998 Act".
3. In regulation 4 -
(a) at the beginning insert "(1)";
(b) in the definition of "the Act" for the words "the Act" there shall be substituted the words "the 1998 Act";
(c) after that definition there shall be inserted the following definition - [ for text see S.I. 1999 No. 1495, ante,regn.4 - the 2000 Act;]
(d) in the definition of "appeal tribunal" for the words "the Act" there shall be substituted the words "the 1998 Act";
(e) in the definition of "authorised officer" for the words "the Act" there shall be substituted the words "the 1998 Act";
(f) in the definition of "the chairman", in paragraph (ii), for the words "section 14 of the Act" there shall be substituted the words "section 14 of the 1998 Act or paragraph 8 of Schedule 7 to the 2000 Act";
(g) in the definition of "Commissioner" for the words "the Act" there shall be substituted the words "the 1998 Act";
(h) after the definition of "party" there shall be inserted the following definition - [ for text see S.I. 1999 No.1495,ante,regn.4 - person affected; ]
(i) after the definition of "proceedings" there shall be inserted the following definition - [ for text see S.I. 1999 No.1495, ante, regn.4 - relevant authority ;]
(j) for the definition of "respondent" there shall be substituted the following definition - [ for text see S.I. 1999 No. 1495,ante, regn.4 - -respondent;] and
(k) after the definition of "tax credit" there shall be inserted the following - [ for text see S.I. 1999 No.1495, ante, regn.4(2) .]
4. In regulation 10(3) for the words "by the Secretary of State or the Board, he or they" there shall be substituted the words "by the Secretary of State, the Board or a relevant authority, the applicant".
5. In regulation 14 -
(a) in paragraph (1) for the words "the Act" there shall be substituted the words "the 1998 Act";
(b) the following shall be substituted for paragraph (2) - [ for text see S.I. 1999 No.1495, ante, regn.14(2) .]; and
(c) in sub-paragraph (3)(c) for the words "the Secretary of State or the Board" there shall be substituted the words "the Secretary of State, the Board or the relevant authority".
6. In regulation 15 -
(a) in paragraph (1) -
(i) for the words "Section 16(7) of the Act" there shall be substituted the words "Section 16(7) of the 1998 Act and paragraph 10(5) of Schedule 7 to the 2000 Act"; and
(ii) for the words "in relation to an appeal under the Act" there shall be substituted the words "in relation to an appeal under either of those Acts"; and
(b) in paragraph (2) for the words "Sections 9 and 10 of the Act" there shall be substituted the words "Sections 9 and 10 of the 1998 Act and paragraphs 3 and 4 of Schedule 7 to the 2000 Act".
7. In regulation 18 after paragraph (3) there shall be inserted the following paragraph (4) - [ for text see S.I. 1999 No.1495, ante, regn.18(4).]
8. In regulation 19(3) the words "from the respondent" shall be deleted, and for the words "section 14(7) of the Act" there shall be substituted the words "section 14(7) of the 1998 Act or paragraph 8(3) of Schedule 7 to the 2000 Act".
9. In regulation 21 for the words "the Act" there shall be substituted the words "the 1998 Act".
10. In regulation 24(6) -
(a) in sub-paragraph (d) for the words "the Act" there shall be substituted the words "the 1998 Act";
(b) in sub-paragraph (f) for the words "section 71 or 74" there shall be substituted the words "section 71, 74, 75 or 76" and at the end of the sub-paragraph the word "and" shall be omitted;
(c) after sub-paragraph (f) there shall be inserted - [ for text see S.I. 1999 No.1495, ante, regn.24(6)(ff) ]
11. In regulation 28(2) for the words "section 14(7) of the Act" there shall be substituted the words "section 14(7) of the 1998 Act or paragraph 8(3) of Schedule 7 to the 2000 Act".
12. In regulation 29 for the words "the Secretary of State or the Board" there shall be substituted the words "the Secretary of State, the Board or the relevant authority".
13. In regulation 32(1) for the words "section 14(7) of the Act" there shall be substituted the words "section 14(7) of the 1998 Act or paragraph 8(3) of Schedule 7 to the 2000 Act".
14. In regulation 33 -
(a) in paragraph (1) for the words "section 15 of the Act" there shall be substituted the words "section 15 of the 1998 Act or paragraph 9 of Schedule 7 to the 2000 Act";
(b) in paragraph (3) -
(i) after the words "Social Security (Claims and Payments) Regulations 1987" there shall be inserted the words [ for text see S.I. 1999 No.1495, ante, regn.33(3) ];
(ii) for the words "section 15 of the Act" there shall be substituted the words "section 15 of the 1998 Act and paragraph 9 of Schedule 7 to the 2000 Act"; and
(iii) for the words "as it applies" there shall be substituted "as they apply"; and
(c) the following shall be substituted for paragraph (4) - [ for text see S.I. 1999 No.1495, ante, regn.33(4).]
Signed by authority of the Lord Chancellor
Jane Kennedy, | |
20th March 2001 |
Parliamentary Secretary Lord Chancellors Department |
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Social Security Commissioners (Procedure) Regulations 1999. The amendments are in consequence of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 which makes provision for appeals against decisions made in connection with claims for housing benefit and council tax benefit.
The Social Security Commissioners (Procedure) Regulations 1999 were recently amended by the Social Security Commissioners (Procedure) (Amendment) Regulations 2000. The amendments were in consequence of the transfer under the Tax Credits Act 1999 of functions relating to family credit and disability working allowance (now known as working families' tax credit and disabled person's tax credit) from the Department of Social Security to the Treasury and the Board of Inland Revenue.
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