Explanatory note

This Order provides for the coming into force on 18th October 1999 of further provisions of the Social Security Act 1998 (“the Act") so as to introduce on that date—as respects attendance allowance, disability living allowance, invalid care allowance and jobseeker’s allowance (defined as “relevant benefit"), vaccine damage payments, home responsibilites protection and credits—the new arrangements for decision-making and appeals provided for in Chapter II of Part I of the Act.

The provisions brought into force by article 2(c) and Schedule 1 relate in particular to the transfer of decision-making functions from adjudication officers to the Secretary of State, and from social security appeal tribunals, disability appeal tribunals and medical appeal tribunals to appeal tribunals constituted under Chapter I of Part I of the Act, and provide for the exercise of such functions under the provisions of Chapter II of that Part (which replace the adjudication arrangements currently in force under Part II of the Social Security Administration Act 1992) (“the Administration Act").

This Order makes consequential amendments and modifications in other statutory instruments in so far as they are concerned with, or make reference to, existing arrangements for decision-making and appeals, specifically in relation to relevant benefit (article 3 and Schedules 5 to 14). Certain other provisions (for example, those which relate to claims and payments generally) are modified in relation to relevant benefit (article 3 and Schedules 2 to 4 and 15).

This Order makes transitional provision, in particular as to the manner in which matters which, immediately before 18th October 1999, are awaiting determination under the existing arrangements for decision-making and appeals are to be dealt with on or after that date (article 4 and Schedules 16 to 18). These include questions which fell to be dealt with under the Social Security (Introduction of Disability Living Allowance) Regulations 1991 and the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996.

Savings are made as respects certain provisions of the Administration Act and regulations made under them in relation to certain decisions taken by the Secretary of State before 18th October 1999 (article 5).