The Welfare Reform Act 2007 (Commencement No. 7, Transitional and Savings Provisions) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force the following sections of the Welfare Reform Act 2007 (“the Act”):

(a) section 42 (information relating to certain benefits);

(b) section 43 (unlawful disclosure of certain information);

(c) section 50 (widowed mother’s allowance);

(d) section 51 (widowed parent’s allowance); and

(e) section 67 of, and Schedule 8 to, the Act (repeals), so far as they relate to the repeal of—

(i) sections 94 and 95 of the Local Government Act 2000; and

(ii) paragraphs 26 and 28 of Schedule 3 to the Tax Credits Act 2002.

Section 42 relates to information sharing for purposes connected with “welfare services” and certain income-related benefits. Section 43 creates an offence of unlawful disclosure of certain information so shared. The Order also brings into force the repeal of sections 94 and 95 of the Local Government Act 2000 which set out, respectively, an existing information sharing provision relating to welfare services and income-related benefits and a related unauthorised disclosure of information provision.

Section 42 is to come into force for the purposes of making regulations and orders on the day after the day on which this Order is made. The other related provisions (and section 42 for remaining purposes) are to come into force on 1st September 2008.

Section 50 amends section 37(2) of the Social Security Contributions and Benefits Act 1992 so that entitlement to widowed mother’s allowance on the ground of being entitled to child benefit is no longer linked to whether one of the conditions specified in section 77(5) of that Act is satisfied. Section 51 amends section 39A(3) of that Act in respect of widowed parent’s allowance in the same way. The Order also brings into force connected repeals.

Sections 50 and 51 and the connected repeals are to come into force on 7th October 2008.

Article 3 sets out transitional and savings provisions. Paragraphs (1) and (2) provide that where persons have been supplied with information pursuant to section 94 of the Local Government Act 2000:

(a) they will continue to be permitted to supply that information to persons providing qualifying welfare services; and

(b) it will remain an offence for them, in certain circumstances, to disclose that information without lawful authority.

Paragraph (3) makes transitional provision relating to entitlement to widowed mother’s allowance and widowed parent’s allowance for the cases to which article 3(2) of the Tax Credits Act 2002 (Commencement No. 3 and Transitional Provisions and Savings) Order 2003 applies (broadly speaking, persons entitled to a child dependency increase before 6th April 2003).

A full impact assessment has not been published for this instrument as it has no impact on the private or voluntary sectors.