The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002

Statutory Instruments

2002 No. 3197

SOCIAL SECURITY

The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002

Made

19th December 2002

Laid before Parliament

23rd December 2002

Coming into force

for the purposes of regulations 1, 5, 6 and 7(4)

7th April 2003

for all other purposes

6th October 2003

The Treasury, with the concurrence of the Secretary of State, in relation to regulation 3, and the Secretary of State in relation to the remainder of the Regulations, in exercise of the powers conferred upon them by sections 3(2) and 175(3) to (5) of the Social Security Contributions and Benefits Act 1992(1), sections 5(1)(p), 15A(2)(aa), 189(4) to (6) and 191 of the Social Security Administration Act 1992(2), sections 26(1) and (4)(a), 35(1) and 36(2) of the Jobseekers Act 1995(3), sections 10(1) and (5)(a) and 26(3) of the Child Support Act 1995(4), section 10(3) and (6), 79(4) and 84 of the Social Security Act 1998(5) and sections 2(3)(b) and (6), 12(2)(b), 13, 15(3) and (6)(a) and (b), 16(2)(a) and 17(2)(a) of the State Pension Credit Act 2002, and of all other powers enabling them in that behalf, by this Instrument, which contains only regulations made by virtue of, or consequential upon, sections 1 to 17 of the State Pension Credit Act 2002 and which is made before the end of the period of 6 months beginning with the coming into force of those provisions(6), make the following Regulations:

(1)

1992 c. 4; section 3(2) is amended by the Social Security Contributions (Transfer of Functions etc.) Act 1999 (c. 2) (“the Transfer of Functions Act”), Schedule 3, paragraph 3, Section 175(3) to (5) are amended by the Social Security (Incapacity for Work) Act 1994 (c. 18), Schedule 1, paragraph 36 and by the Transfer of Functions Act, Schedule 3, paragraph 29. Section 175(3) to (5) are applied to the provisions of the State Pension Credit Act 2002 (c. 16) (“the State Pension Credit Act”) by section 19(1) of that Act.

(2)

1992 c. 5; section 15A is inserted by the Social Security (Mortgage Interest Payments) Act 1992 (c. 33), Schedule and is applied to state pension credit by subsections (1A) and (2)(aa) of that section, inserted by the State Pension Credit Act, Schedule 2, paragraph 9. Section 189(4) to (6) is amended by the Social Security Act 1998 (c. 14), Schedule 7, paragraph 109. Section 191 is cited because of the meaning ascribed to the word “prescribe”.

(3)

1995 c. 18; section 35(1) is cited because of the meaning ascribed to the words “prescribed” and “regulations”.

(4)

1995, c. 34.

(5)

Chapter II of Part 1 of the Act is applied to state pension credit by section 8(3)(bb) and (4) as inserted and amended by the State Pension Credit Act, Schedule 1, paragraph 6. Section 84 is cited because of the meaning ascribed to the word “prescribe”.

(6)

Paragraph 20(a) of Schedule 2 to the State Pension Credit Act added the provisions of that Act to the list of “the relevant enactments” in respect of which regulations must normally be referred to the Social Security Advisory Committee. See however section 173(5)(b) of the Social Security Administration Act 1992.