The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010

Statutory Instruments

2010 No. 2429

Social Security

The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010

Made

4th October 2010

Laid before Parliament

11th October 2010

Coming into force

1st November 2010

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by—

• sections 123(1)(a), (d) and (e), 124(1)(e), 136(3) and (5)(b), 136A(3), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992(1),

• sections 2A(1), (3)(e), (4)(b) and (5), 15A(2)(a) and (4), 189(1), (4) and (5) and 191 of the Social Security Administration Act 1992(2),

• sections 12(1) and (4)(b), 35(1) and 36(2) and (4)(a) of, and paragraph 8A(1) of Schedule 1 to, the Jobseekers Act 1995(3),

• section 16 of the Employment Tribunals Act 1996(4),

• sections 15(3) and (6)(b) and 17(1) of the State Pension Credit Act 2002(5), and

• sections 17(1) and (3)(a) and (b), 24(1) and 25(3), (4) and (5)(a) of the Welfare Reform Act 2007(6).

The Social Security Advisory Committee have agreed that the proposals in respect of these Regulations should not be referred to it(7).

In respect of the provisions in these Regulations relating to housing benefit and council tax benefit, the Secretary of State has consulted the organisations appearing to him to be representative of the authorities concerned(8).

(1)

1992 c. 4. Section 123(1)(e) was substituted by paragraph 1(1) of Schedule 9 to the Local Government Finance Act 1992 (c. 14). Section 124(1)(e) was inserted by paragraph 30 of Schedule 2 to the Jobseekers Act 1995 (c. 18) and was amended by Schedule 3 to the State Pension Credit Act 2002 (c. 16). Section 136A was inserted by paragraphs 1 and 3 of Schedule 2 to the State Pension Credit Act 2002. Section 137(1) is an interpretation provision and is cited because of the meaning given to the word “prescribed”. Section 175(1) and (4) was amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).

(2)

1992 c. 5. Section 2A was inserted by section 57 of the Welfare Reform and Pensions Act 1999 (c. 30). Section 15A was inserted by paragraph 1 of the Schedule to the Social Security (Mortgage Interest Payments) Act 1992 (c. 33). Section 15A(4) is an interpretation provision and is cited because of the meaning given to the phrase “relevant benefits” and this definition was amended by paragraph 40 of Schedule 2 to the Jobseekers Act 1995, paragraphs 8 and 9 of Schedule 2 to the State Pension Credit Act 2002 and paragraph 10 of Schedule 2 to the Welfare Reform Act 2007 (c. 5). Section 189(1), (4) and (5) was amended by paragraph 109 of Schedule 7 and by Schedule 8 to the Social Security Act 1998 (c. 14). Section 189(1) was also amended by paragraph 57(1) and (2) of Schedule 3 to the Social Security (Transfer of Functions, etc.) Act 1999 and Schedule 6 to the Tax Credits Act 2002 (c. 21). Section 191 is an interpretation provision and is cited because of the meaning given to the word “prescribe”.

(3)

1995 c. 18. Section 35(1) is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”. Section 36(4) was amended by paragraph 63 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999. Paragraph 8A of Schedule 1 was inserted by paragraph 16 of Schedule 7 to the Welfare Reform and Pensions Act 1999.

(4)

1996 c. 17. The title of this Act was amended by the Employment Rights (Dispute Resolution) Act 1998 (c. 8). Section 16 was amended by section 1(2) of the Employment Rights (Dispute Resolution) Act 1998, paragraph 147 of Schedule 7 and Schedule 8 to the Social Security Act 1998, paragraph 15 of Schedule 3 to the Welfare Reform Act 2007, paragraph 137 of Schedule 3 to S.I. 2008/2833 and regulation 17 of S.I. 2010/493.

(5)

2002 c. 16. Section 17(1) is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”.

(6)

2007 c. 5. Section 24(1) is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”.

(7)

See sections 172(1) and 173(1)(b) of the Social Security Administration Act 1992 (c. 5).

(8)

See section 176(1) of the Social Security Administration Act 1992.