65 Loss of benefit regulations.E+W+S
(1)In the loss of benefit provisions “prescribed” means prescribed by or determined in accordance with regulations made by the Secretary of State.
(2)Regulations prescribing a period for the purposes of any of the loss of benefit provisions may contain provision for determining the time from which the period is to run.
(3)Regulations under any of the loss of benefit provisions shall be made by statutory instrument which (except in the case of regulations to which subsection (4) applies) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)A statutory instrument containing (whether alone or with other provisions)—
(a)a provision prescribing the manner in which the applicable amount is to be reduced for the purposes of section 62(3),
(b)a provision prescribing the manner in which an amount of joint-claim jobseeker’s allowance is to be reduced for the purposes of section 63(3)(a),
(c)a provision the making of which is authorised by section 62(4) [F1or (4A)] or 63(4),
(d)a provision prescribing benefits under the M1Social Security Contributions and Benefits Act 1992 as benefits that are to be relevant benefits for the purposes of section 62, or
(e)a provision that any description of order is to be a relevant community order for the purposes of that section,
shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(5)Subsections (4) to (6) of section 189 of the M2Social Security Administration Act 1992 (supplemental and incidental powers etc.) shall apply in relation to any power to make regulations that is conferred by the loss of benefit provisions as they apply in relation to the powers to make regulations that are conferred by that Act.
(6)The provision that may be made in exercise of the powers to make regulations that are conferred by the loss of benefit provisions shall include different provision for different areas.
(7)Where regulations made under section 62(8) prescribe a description of order made under the M3Criminal Procedure (Scotland) Act 1995 as a relevant community order for the purposes of that section, the regulations may make such modifications of that section as appear to the Secretary of State to be necessary in consequence of so prescribing.
(8)In this section “the loss of benefit provisions” means sections 62 to 64 of this Act.
Textual Amendments
F1Words in s. 65(4)(c) inserted (18.3.2008 for certain purposes and 27.10.2008 insofar as not already in force) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 20(4); S.I. 2008/787, art. 2(1)(4), Sch.
Commencement Information
I1S. 65 partly in force; s. 65 not in force at Royal Assent, see s. 86(2); s. 65 in force for certain purposes at 1.12.2000 by S.I. 2000/2950, art. 5; s. 65(1)-(6)(8) in force for certain further purposes at 15.10.2001 by S.I. 2001/2619, art. 2(1)(b)(iv)
Marginal Citations