The Income-related Benefits (Amendment) (No. 2) Regulations 2005

Statutory Instruments

2005 No. 3391

SOCIAL SECURITY

The Income-related Benefits (Amendment) (No. 2) Regulations 2005

Made

8th December 2005

Laid before Parliament

9th December 2005

Coming into force

12th December 2005

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(a), (d) and (e), 136(3) and (5)(b), 136A(3), 137(1), 138(1)(a) and (4) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992(1), sections 12(1) and (4)(b), 35(1) and 36(2) and (4)(a) of the Jobseekers Act 1995(2), section 29 and paragraph 8 of Schedule 1 to the Social Security (Recovery of Benefits) Act 1997(3) and sections 15(6)(b) and 17(1) of the State Pension Credit Act 2002(4).

The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it(5).

The Secretary of State considers that, because of the urgency of the matter, it is inexpedient to consult, in respect of provisions in these Regulations relating to housing benefit and council tax benefit, with organisations appearing to him to be representative of the authorities concerned(6):

(1)

1992 c. 4. Section 123(1)(e) was substituted by the Local Government Finance Act 1992 (c. 14), Schedule 9 paragraph 1(1). Section 136A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act 2002 (c. 16). Sections 137(1) and 138(4) are interpretation provisions and are cited because of the meaning given to the word “prescribed”. Section 175(1) and (4) were amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), section 2 and Schedule 3 paragraph 29. Section 175(1), (3) and (4) are applied to provisions of the State Pension Credit Act 2002 by section 19(1) of that Act.

(2)

1995 c. 18. Section 35(1) is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”. Sections 35(1) and 36(4) were amended by section 2 of, and paragraphs 62 and 63 respectively of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999.

(3)

1997 c. 27. Section 29 is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”.

(4)

2002 c. 16. Section 17(1) is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”.

(5)

See sections 172(1) and 173(1)(b) of the Social Security Administration Act (c.5). Paragraph 67 of Schedule 2 to the Jobseekers Act 1995 and paragraph 20 of Schedule 2 to the State Pension Credit Act 2002 respectively added those Acts to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee.

(6)

See section 176(1) and (2)(a) of the Social Security Administration Act 1992 (c. 5) as amended by section 103 of, and paragraph 23 of Schedule 9 to, the Local Government Finance Act 1992.