Loss of benefit provisions

11Loss of benefit regulations

1

In sections 7 to 10 “prescribed” means prescribed by or determined in accordance with regulations made by the Secretary of State.

2

Regulations under any of the provisions of sections 7 to 10 shall be made by statutory instrument which (except in the case of regulations to which subsection (3) applies) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

3

A statutory instrument containing (whether alone or with other provisions)—

a

a provision by virtue of which anything is to be treated for the purposes of section 7 as a disqualifying benefit but not a sanctionable benefit,

b

a provision prescribing the manner in which the applicable amount is to be reduced for the purposes of section 7(3) or 9(3),

c

a provision the making of which is authorised by section 7(4) or (5), 8(4) or 9(4) or (5), or

d

a provision prescribing the manner in which the amount of joint-claim jobseeker’s allowance is to be reduced for the purposes of section 8(3)(a),

shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

4

Subsections (4) to (6) of section 189 of the Administration Act (supplemental and incidental powers etc.) shall apply in relation to a power to make regulations that is conferred by any of the provisions of sections 7 to 10 as they apply in relation to the powers to make regulations that are conferred by that Act.

5

The provision that may be made in exercise of the powers to make regulations that are conferred by sections 7 to 10 shall include different provision for different areas.