Statutory Instruments
social security
Made
27th June 2007
Laid before Parliament
3rd July 2007
Coming into force
31st July 2007
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred upon him by sections 5(1)(p), 189(1) and (4) and 191 of the Social Security Administration Act 1992(1).
In accordance with section 173(1)(b) the Secretary of State has obtained the agreement of the Social Security Advisory Committee that proposals to make these Regulations should not be referred to it.
1. These Regulations may be cited as the Social Security (Claims and Payments) Amendment (No. 2) Regulations 2007 and shall come into force on 31st July 2007.
2. In the Social Security (Claims and Payments) Regulations 1987(2), in Schedule 9 (deductions from benefit and direct payment to third parties)—
(a)in paragraph 1(1) (interpretation) after the definition of “the Income Support Regulations” insert—
““integration loan which is recoverable by deductions” means an integration loan which is made under the Integration Loans for Refugees and Others Regulations 2007(3) and which is recoverable from the recipient by deductions from a specified benefit under regulation 9 of those Regulations”;
(b)after paragraph 7C(4) insert—
7D. Subject to paragraphs 2(2), 8 and 9, where a person has an integration loan which is recoverable by deductions, any weekly amount payable shall be equal to 5 per cent. of the personal allowance of a single claimant aged not less than 25 years, including where the loan is a joint loan.”;
(c)in paragraph 8(5) (maximum amount of payments to third parties)—
(i)in sub-paragraph (1) after “Fines Regulations” insert “, and in respect of an integration loan which is recoverable by deductions”; and
(ii)in sub-paragraph (2) for “and 7” substitute “,7 and 7D”;
(d)in paragraph 9(6) (priority as between certain debts)—
(i)in sub-paragraph (1A)(b), for “and regulation 5 of the Council Tax Regulations” substitute “, regulation 5 of the Council Tax Regulations and regulation 9 of the Integration Loans for Refugees and Others Regulations 2007”; and
(ii)after sub-paragraph (1B)(g) insert—
“(ga)any liability to repay an integration loan which is recoverable by deductions.”.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
27th June 2007
(This note is not part of the Regulations)
These Regulations amend the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968) to provide for how loans made to refugees and others under the Integration Loans for Refugees and Others Regulations 2007 (S.I.2007/1598) may be repaid by deductions from specified benefits.
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities and voluntary bodies.
1992 c.5. Section 191 is cited for the meaning given to “prescribe”.
S.I. 2007/1598, made under section 13 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19).
Paragraph 7C was inserted by S.I. 2006/3188.
The relevant amending instruments are S.I. 1990/2208, 1991/2284, 1992/1026, 1993/495, 1996/481 and 1460, 1997/827, 2002/3019, 2005/777 and 2006/2377.
In paragraph 9, sub-paragraphs (1A) and (1B) were substituted for sub-paragraph (1) by S.I.1993/495 and amended by S.I. 2005/777 and 2006/3188..