Welfare Reform Act 2012

70 Ending of discretionary payments E+W+S

(1) Section 138(1)(b) of the Social Security Contributions and Benefits Act 1992 (discretionary payments out of social fund) is repealed.

(2) In consequence of the provision made by subsection (1), the office of the social fund Commissioner is abolished.

(3) Payments are to be made out of the social fund into the Consolidated Fund in respect of—

(a) amounts allocated under section 168 of the Social Security Administration Act 1992 to the making of such payments as are mentioned in section 138(1)(b) but which are not so applied in consequence of subsection (1);

(b) sums relating to such payments as are mentioned in section 138(1)(b) that are paid into the social fund under section 164 of the Social Security Administration Act 1992.

(4) The payments are to be such as the Secretary of State determines in accordance with any directions of the Treasury to be appropriate.

(5) Subsection (3) is not to prevent the Secretary of State from re-allocating amounts allocated under section 168(1) of the Social Security Administration Act 1992.

(6) The Secretary of State may by order provide for the transfer of property, rights and liabilities from the social fund Commissioner.

(7) An order under this section may—

(a) provide for the transfer of property, rights and liabilities whether or not they would otherwise be capable of being transferred;

(b) make such supplementary, incidental, consequential or transitional provision as the Secretary of State considers appropriate.

(8) An order under this section is to be made by statutory instrument.

(9) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(10) Schedule 8 contains consequential amendments.

Commencement Information

I1 S. 70(1) (3)-(10) in force at 1.4.2013 by S.I. 2012/3090, art. 2(1)(a) (with art. 3)

I2 S. 70(2) in force at 1.8.2013 by S.I. 2012/3090, art. 2(2)(a)