The Welfare Reform and Pensions Act 1999 (Commencement No. 1) Order 1999

Statutory Instruments

1999 No. 3309 (C. 88)

PENSIONS AND SOCIAL SECURITY

The Welfare Reform and Pensions Act 1999 (Commencement No. 1) Order 1999

Made

9th December 1999

The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 83(1) and 89(1) and (6) of the Welfare Reform and Pensions Act 1999(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Welfare Reform and Pensions Act 1999 (Commencement No. 1) Order 1999.

(2) In this Order references to sections and Schedules are references to sections of, and Schedules to, the Welfare Reform and Pensions Act 1999.

Appointed days

2.—(1) The day appointed for the coming into force–

(a) of section 53 (extension of entitlement to maternity allowance)–

(i) for the purpose only of the exercise of any power to make regulations, is 12th January 2000,

(ii) for all other purposes, is 2nd April 2000;

(b) for the purposes of cases to which section 53 applies, of section 70 so far as it relates to Part VI of Schedule 8 (contribution conditions)–

(i) for the purposes only of the exercise of any power to make regulations, is 12th January 2000,

(ii) for all other purposes, is 2nd April 2000; and

(c) for the purposes of cases to which section 53 applies, of section 88 so far as it relates to the repeals referred to in Part V of Schedule 13 relating to section 21 of, Part I of Schedule 3 and Part I of Schedule 4 to, the Contributions and Benefits Act 1992(2) and the Maternity Allowance and Statutory Maternity Pay Regulations 1994(3), is 2nd April 2000.

(2) The day appointed for the coming into force of–

(a) section 61 (incapacity for work: personal capability assessments) and section 70 so far as it relates to paragraph 23(3) of Schedule 8 (requirement to have a medical examination), in so far as those provisions are not ready in force, and paragraph 24 of Schedule 8 (own occupation test), is 3rd April 2000;

(b) section 70 so far as it relates to paragraph 23(1), (2) and (4) of Schedule 8 (test of incapacity for work), and so far as not already in force, is 13th December 1999.

(3) The day appointed for the coming into force of section 66 (attendance allowance) and section 67(1) and (2) (disability living allowance) is 12th January 2000.

Signed by authority of the Secretary of State for Social Security.

Hugh Bayley

Parliamentary Under-Secretary of State,

Department of Social Security

9th December 1999

Explanatory Note

(This note is not part of the Order)

This Order provides for the coming into force of the following provisions of the Welfare Reform and Pensions Act 1999 (c. 30)–

section 53 (extension of entitlement to maternity allowance) and, for the purposes of cases to which section 53 applies section 70 so far as it relates to Part VI of Schedule 8, for the purposes only of authorising the making of regulations, on 12th January 2000 and for all other purposes on 2nd April 2000;

for the purposes of cases to which section 53 applies, section 88 so far as it relates to Part V of Schedule 13 in respect of maternity allowance, on 2nd April 2000;

section 61 (incapacity for work: personal capability assessments), and section 70 so far as it relates to paragraph 23(3) of Schedule 8 (requirement to have medical examination), in so far as those provisions are not already in force, and paragraph 24 of Schedule 8 (own occupation test), on 3rd April 2000;

section 70 so far as it relates to paragraph 23(1), (2) and (4) of Schedule 8 (test of incapacity for work), and so far as not already in force, on 13th December 1999;

section 66 (attendance allowance) and section 67(1) and (2) (disability living allowance), on 12th January 2000.

The cost to business of the commencement of provisions in the Welfare Reform and Pensions Act 1999 is detailed in the Compliance Cost Assessment laid before both Houses of Parliament when the Welfare Reform and Pensions Bill was introduced on 10th February 1999. Copies of the Assessment are available from the Department of Social Security, Regulatory Impact Unit, 3rd Floor, the Adelphi, 1–11 John Adam Street, London, WC2N 6HT.

(1)

1999 c. 30.

(2)

1992 c. 4.

(3)

S.I. 1994/1230.