The Welfare Reform Act 2009 (Commencement No.8) Order 2012

Statutory Instruments

2012 No. 1256 (C. 43)

Registration Of Births, Deaths, Marriages, Etc, England And Wales

Social Security

The Welfare Reform Act 2009 (Commencement No.8) Order 2012

Made

10th May 2012

In accordance with section 61(5) of the Welfare Reform Act 2009(1), the Secretary of State has consulted the Registrar General for England and Wales before making this Order.

The Secretary of State makes the following Order in exercise of the powers conferred by section 61(3) and (4)(a) of the Welfare Reform Act 2009.

Citation

1.  This Order may be cited as the Welfare Reform Act 2009 (Commencement No.8) Order 2012.

Appointed day

2.—(1) 21st May 2012 is the day appointed for section 3(1) (lone parents) of the Welfare Reform Act 2009 to come into force, for the purpose only of inserting subsection (1A) into section 124 of the Social Security Contributions and Benefits Act 1992(2).

(2) 28th May 2012 is the day appointed for the following provisions of the Welfare Reform Act 2009 to come into force—

(a) section 56 (registration of births) in so far as it relates to the entries in Schedule 6 to that Act set out in sub-paragraph (b); and

(b) paragraphs 5 to 9, 12(4), 14 and 20 of Schedule 6.

Damian Green

Minister of State

Home Office

10th May 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force, on 21st May 2012, section 3(1) of the Welfare Reform Act 2009 in so far as it inserts subsection (1A) into section 124 of the Social Security Contributions and Benefits Act 1992 (SSCBA). Section 124(1A) of the SSCBA requires regulations setting out the prescribed categories of person who are entitled to income support must include lone parents who have a child under the age of five. (Section 124(1A) was amended by section 58 of the Welfare Reform Act 2012 with effect from 20th March 2012 so as to substitute the age of five for the age of seven.)

This Order also brings into force, on 28th May 2012, section 56 (registration of births) of the Welfare Reform Act 2009, in so far as it relates to, and the following entries in, Schedule 6 to that Act—

(a) paragraphs 5 to 7, which contain amendments to the Births and Deaths Registration Act 1953 (“the 1953 Act”) to remove the requirement for a superintendent registrar to take a declaration about a birth and sign the birth register in addition to the registrar doing so where the birth is registered after more than three months have expired from the date of birth;

(b) paragraph 8, which amends section 7 of the 1953 Act (registration after 12 months from the date of birth) to omit the exclusion for still-births;

(c) paragraph 9, which is a minor consequential amendment to section 8 of the 1953 Act (penalty for improper registration);

(d) paragraph 12(4), which is a minor consequential amendment to section 10A(2) of the 1953 Act (re-registration where parents were neither married nor civil partners);

(e) paragraph 14, which is a minor consequential amendment to section 34(3) of the 1953 Act (entry in register as evidence of birth or death); and

(f) paragraph 20, which amends the Population (Statistics) Act 1938 to provide, on registration of births, for the collection of particulars about mothers concerning previous births, marriages and civil partnerships.

A full impact assessment has not been produced for this instrument as no impact on the private sector or civil society organisations is foreseen.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Welfare Reform Act 2009 have been brought into force by commencement order made before the date of this Order:

Provision	Date of Commencement	S.I. No.
Section 3(2) and (5) (for the purpose of conferring the power to make regulations)	6th October 2011	2011/2427
Section 3(2) and (5) (for all other purposes)	31st October 2011	2011/2427
Section 10	10th February 2010	2010/293
Section 12(1) and (3)	1st October 2010	2010/2377
Section 12(2), (4) and (6)	1st November 2010	2010/2377
Section 12(5) (insofar as it inserts subsections (3B)(a) and (3C) only into section 2 of the Jobseekers Act 1995	29th November 2011	2011/2857
Section 13(1)	1st October 2010	2010/2377
Section 13(2) and (3)	1st November 2010	2010/2377
Section 13(4) (for the purpose of conferring the power to make regulations)	1st October 2010	2010/2377
Section 13(4) (for all other purposes)	1st November 2010	2010/2377
Section 13(5)	29th November 2011	2011/2857
Section 14 (for the purpose of conferring the power to make regulations)	11th April 2010	2010/293
Section 14 (partially)	15th October 2010	2010/293
Section 14 (for all other purposes)	11th April 2011	2010/293
Section 24 (for the purpose of conferring the power to make regulations)	12th January 2010	2010/45
Section 24 (for all other purposes)	1st April 2010	2010/45
Section 26	22nd March 2010	2010/293
Section 29	19th January 2012	2012/68
Section 32(1) (partially)	9th March 2011	2011/682
Section 32(2) (partially)	9th March 2011	2011/682
Section 33 (for the purpose of conferring the power to make regulations)	10th February 2010	2010/293
Section 33 (for all other purposes)	6th April 2010	2010/293
Section 35	10th February 2010	2010/293
Section 55(3) and section 55(1) (in so far as it relates to section 55(3))	14th January 2010	2010/45
Section 58(1) (partially)	22nd March 2010	2010/293
Section 58(1) (partially)	1st April 2010	2010/293
Schedule 4 (for the purpose of conferring the power to make regulations)	12th January 2010	2010/45
Schedule 4 (for all other purposes)	1st April 2010	2010/45
Part 3 of Schedule 7 (partially)	22nd March 2010	2010/293
Part 3 of Schedule 7 (partially)	1st April 2010	2010/293

(1)

2009 c. 24.

(2)

1992. c.4. Section 124(1A) was amended by section 58(1) and (2) of the Welfare Reform Act 2012 (c.5). There are further amendments to section 124 which are not material to this Order.