The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006

Statutory Instruments

2006 No. 2378

SOCIAL SECURITY

The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006

Made

4th September 2006

Laid before Parliament

8th September 2006

Coming into force in accordance with regulation 1

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by—

• sections 30A(2A), 30C(4), 30E(1), 47(6), 64(1), 68(4), 71(6), 86A(1), 122(1), 123(1)(a), (d) and (e), 124(1)(e), 135(1), 136(3) and (5)(b) and (c), 136A(3), 137(1) and (2)(h) and (l), 171D, 171G(2) and 175(1) and (3) to (5) of, and paragraph 2(3) of Schedule 7 to, the Social Security Contributions and Benefits Act 1992(1),

• sections 5(1)(l) and (p) and 189(1), (4) and (5) of the Social Security Administration Act 1992(2),

• section 4 of the Social Security (Incapacity for Work) Act 1994(3),

• sections 4(5), 7(2)(a), 12(2) and (4)(b) and (c), 35(1) and 36(1), (2) and (4) of, and paragraphs 1(2)(b), 12, 16(1)(a) and (b) of Schedule 1 to, the Jobseekers Act 1995(4),

• paragraphs 4(6) and 20(1) and (3) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000(5), and

• sections 1(5)(a), 2(3)(b), 7(4), 15(6)(a) and (b), 17(1) and (2)(a) and 19(1) of the State Pension Credit Act 2002(6).

The Social Security Advisory Committee and the Industrial Injuries Advisory Council have agreed that the proposals in respect of these Regulations should not be referred to them(7).

In respect of the provisions in these Regulations relating to housing benefit and council tax benefit, the Secretary of State has consulted with such organisations which appear to him to be representative of the authorities concerned(8).

(1)

1992 c.4. Sections 30A, 30C, 30E, 86A, 171D and 171G were inserted by sections 1(1), 2(5), 3(1) and 6(1) of the Social Security (Incapacity for Work) Act 1994 (c.18). Section 30A(2A) was inserted by section 64(3) of the Welfare Reform and Pensions Act 1999 (c.30). Section 68 ceased to have effect when section 65 of the Welfare Reform and Pensions Act 1999 came into force on 6th April 2001 by virtue of article 2(3)(d) of the Welfare Reform and Pensions Act 1999 (Commencement No.9, and Transitional and Savings Provisions) Order 1999 (S.I. 2000/2958). Article 4 of S.I. 2000/2958 made savings in relation to section 68 for all those who were entitled to severe disablement allowance for days immediately before 6th April 2001 (which is the day severe disablement allowance is abolished) and would have continued to be entitled to it on that and subsequent days if the benefit had not been abolished. Section 123(1)(e) was substituted by paragraph 1(1) of Schedule 9 to the Local Government Finance Act 1992 (c.14). Sections 122(1), 137(1) and 171G(2) are cited because of the meaning given to the word “prescribed”. Section 124(1)(e) was inserted by paragraph 30(5) of Schedule 2 to the Jobseekers Act 1995 (c.18). Section 136A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act 2002 (c.16). Section 175(1) and (4) was amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2). Section 175(1) and (2) to (5) is applied to provisions of the State Pension Credit Act 2002 by section 19(1) of that Act.

(2)

1992 c.5. Section 189(1), (4) and (5) was amended by paragraph 109 of Schedule 7 to the Social Security Act 1998 (c.14). Section 189(1) was also amended by paragraph 57 of Schedule 3 to the Social Security (Transfer of Functions, etc.) Act 1999 and Schedule 6 to the Tax Credits Act 2002 (c.21).

(3)

1994 c.18.

(4)

1995 c.18. Section 35(1) is cited because of the meaning given to the word “prescribed”. Section 35(1) was amended by section 2 of, and paragraph 62 of Schedule 3 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2).

(5)

2000 c.19.

(6)

2002 c.16. Section 17(1) is cited because of the meaning given to the word “prescribed”.

(7)

See sections 170, 171, 172(1) and (2) and 173(1)(b) of the Social Security Administration Act 1992. Paragraph 67 of Schedule 2 to the Jobseekers Act 1995 and paragraph 20 of Schedule 2 to the State Pension Credit Act 2002 added those Acts to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee.

(8)

See section 176(1) of the Social Security Administration Act 1992 (c.5) which was amended by section 103 of and paragraph 23 of Schedule 9 to the Local Government Finance Act 1992 (c.14).