Explanatory note

These Regulations, which are made by virtue of, or in consequence of, provisions in the Social Security Act 1998 and the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (“the Transfer Act"), further amend the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (“the principal Regulations") which make provision in relation to new arrangements for decision making and appeals introduced by the Social Security Act 1998. In particular, these Regulations make provision in the light of the transfer, from the Secretary of State to officers of the Commissioners of Inland Revenue (“the Board"), of the function of making decisions in relation to issues arising in connection with social security contributions, statutory sick pay and statutory maternity pay under the Social Security Contributions and Benefits Act 1992.

New regulations 11A and 38A are inserted into the principal Regulations to provide for the referral to the Board of issues falling to be decided by the Board which arise on consideration of a claim or other matter, an application for revision or supersession of a decision, or an appeal. The new regulations also make provision for the seeking of a preliminary opinion from the Board on any issue referred to them, and for dealing with any matter pending a final decision on the referred question (regulation 2(3) and (4)).

Amendments are also made in regulation 41 of the principal Regulations to specify incapacity for work as one of the issues in relation to which an appeal tribunal may require a person to undergo a medical examination, and to remove provision in relation to appeals about statutory sick pay and statutory maternity pay (which by virtue of the Transfer Act, no longer fall to be determined by appeal tribunals) (regulation 2(5)).