The Child Support, Pensions and Social Security Act 2000 (Commencement No.2) Order 2000

Statutory Instruments

2000 No. 2950 (C. 87)

PENSIONS

SOCIAL SECURITY

The Child Support, Pensions and Social Security Act 2000 (Commencement No.2) Order 2000

Made

31st October 2000

The Secretary of State for Social Security, in exercise of powers conferred by section 86(2) and (3)(a) of the Child Support, Pensions and Social Security Act 2000(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Child Support, Pensions and Social Security Act 2000 (Commencement No.2) Order 2000.

(2) In this Order—

(a) unless the context otherwise requires, references to numbered sections and numbered Schedules are references to the sections and Schedules bearing those numbers in the Child Support, Pensions and Social Security Act 2000;

(b) “the Administration Act” means the Social Security Administration Act 1992(2).

Provisions coming into force on 1st November 2000 for certain purposes

2.  1st November 2000 is the day appointed for the coming into force of—

(a) section 36 (report on cost of pension uprating in line with general earnings level);

(b) section 73 (Social Security Advisory Committee) for the purposes of inserting a new paragraph (af) into each of the definitions of “relevant enactments” and “relevant Northern Ireland enactments” in section 170(5) of the Administration Act so far as each new paragraph (af) refers to—

(i) section 69 (discretionary financial assistance with housing); and

(ii) Schedule 7, paragraphs 3, 4, 6, 8 to 10, 12 to 16, 19, 20, 21 and 23 and, so far as relating to those paragraphs, paragraph 1 and section 68 (housing benefit and council tax benefit: revisions and appeals);

(c) Schedule 5, paragraph 10 (register of disqualified trustees) and section 56 so far as it relates to that paragraph; and

(d) Schedule 6 (social security investigation powers)—

(i) paragraph 7;

(ii) paragraph 8 so far as it inserts section 121DA(1) and (7) into the Administration Act for the purposes of construing section 113 of that Act(3) as amended by paragraph 7;

and, so far as relating thereto, paragraph 1 and section 67.

Provisions coming into force on 1st November 2000 for regulation-making purposes

3.  1st November 2000 is the day appointed for the coming into force of—

(a) section 69;

(b) section 71 (recovery of housing benefit); and

(c) Schedule 7, paragraphs 3, 4, 6, 8 to 10, 12 to 16, 19, 20, 21 and 23 and, so far as relating to those paragraphs, paragraph 1 and section 68;

for the purposes of making regulations.

Provisions coming into force on 1st December 2000 for certain purposes

4.  1st December 2000 is the day appointed for the coming into force of section 73 (Social Security Advisory Committee) for the purposes of inserting a new paragraph (af) into each of the definitions of “relevant enactments” and “relevant Northern Ireland enactments” in section 170(5) of the Administration Act so far as each new paragraph (af) refers to sections 62 to 65 (loss of benefit).

Provisions coming into force on 1st December 2000 for regulation-making purposes

5.  1st December 2000 is the day appointed for the coming into force, for the purposes of making regulations, of sections 62 to 65.

Provisions coming into force on 8th January 2001 for regulation-making and order-making purposes

6.  8th January 2001 is the day appointed for the coming into force, for the purposes of making regulations and of making orders, of sections 30 to 35 (and Schedule 4) (state second pension).

Signed by authority of the Secretary of State for Social Security.

Jeff Rooker

Minister of State,

Department of Social Security

31st October 2000

Explanatory Note

(This note is not part of the Order)

This Order brings into force further provisions of the Child Support, Pensions and Social Security Act 2000 as follows.

Provisions relating to—

• discretionary financial assistance with housing (section 69); and

• housing benefit and council tax benefit revisions and appeals (certain paragraphs of Schedule 7)

are commenced on 1st November 2000 for regulation-making purposes (article 3(a) and (c)), and on the same date related provisions are commenced regarding the Social Security Advisory Committee (section 73 partially) (article 2(b)).

Also commenced on 1st November 2000 are—

• the section which provides for the Government Actuary’s report on uprating pensions by reference to earnings (section 36) (article 2(a));

• the provision relating to recovery of housing benefit (section 71) for regulation-making purposes (article 3(b));

• provisions relating to the register of disqualified trustees held by the Occupational Pensions Regulatory Authority (Schedule 5, paragraph 10) (article 2(c)); and

• certain provisions relating to social security investigation powers (Schedule 6, paragraph 7 and paragraph 8 partially) (article 2(d)).

Provisions relating to loss of benefit (sections 62 to 65) are commenced on 1st December 2000 for regulation-making purposes (article 5), and on the same date the related provisions regarding the Social Security Advisory Committee are commenced (section 73 partially) (article 4).

Provisions relating to state second pension (sections 30 to 35 and Schedule 4) are commenced on 8th January 2001 for regulation-making and order-making purposes (article 6).

The impact on business of the commencement of provisions in the Child Support, Pensions and Social Security Act 2000 is detailed in the Regulatory Impact Assessment (as revised) relating to the Child Support, Pensions and Social Security Bill (which was introduced in the House of Commons on 1st December 1999). A copy of that Assessment has been placed in the libraries of both Houses of Parliament and can be obtained from the Department of Social Security, Regulatory Impact Unit, 3rd Floor, the Adelphi, 1-11 John Adam Street, London WC2N 6HT.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions have been brought into force by the Child Support, Pensions and Social Security Act 2000 (Commencement No. 1) Order 2000 (S.I. 2000/2666 (C.74)).

Provision	Date of commencement	S.I. No.
Section 41	29th September 2000	2000/2666
Section 72	9th October 2000	2000/2666

(1)

2000 c. 19.

(2)

1992 c. 5.

(3)

Section 113 was substituted by section 60 of the Social Security Act 1998 (c. 14) and amended by section 5 of, and paragraph 5 of Schedule 5 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).