The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008

Statutory Instruments

2008 No. 2767

Social Security

The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008

Made

17th October 2008

Laid before Parliament

24th October 2008

Coming into force in accordance with regulation 1

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

• sections 123(1)(a), (d) and (e), 124(1)(e), 130(4), 130A(2), 131(3)(b), (7)(b) and (10), 135(1), 136(3), (4) and (5)(a) to (c), 136A(3), 137(1), (2)(b) and (h) and 175(1) to (4) of the Social Security Contributions and Benefits Act 1992(1),

• sections 5(1)(h) and (p), 6(1)(h) and (k), 189(1) and (3) to (5) of the Social Security Administration Act 1992(2),

• sections 4(5), 12(1) to (3) and (4)(a) to (c), 35(1) and 36(1), (2) and (4) and paragraphs 1(2)(a), 3(b) and 11(2) of Schedule 1 to the Jobseekers Act 1995(3),

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

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

In respect of the provisions in these Regulations relating to housing benefit and council tax benefit, the Secretary of State has consulted the organisations appearing to him to be representative of the authorities concerned(6).

(1)

1992 c.4. Section 123(1)(e) was substituted by paragraph 1(1) of Schedule 9 to the Local Government Finance Act 1992 (c.14). Section 124(1)(e) was inserted by paragraph 30(5) of Schedule 2 to the Jobseeker’s Act 1995 (c.18) and amended by section 21 and Schedule 3 of the State Pension Credit Act 2002 (c.16). Section 130(4) was repealed by section 30(1) of the Welfare Reform Act 2007 (c.5) but saved for the purposes of amending regulations made under it by article 3(1)(a) of the Welfare Reform Act 2007 (Commencement No. 4, and Savings and Transitional Provisions) Order 2007 (S.I. 2007/2872). Section 130A was inserted by section 30(2) of the Welfare Reform Act 2007. Section 136A was inserted by section 14 and paragraphs 1 and 3 of Part 1 of Schedule 2 to the State Pension Credit Act 2002. Section 137(1) is an interpretation provision and is cited because of the meaning there given to the word “prescribed”. Section 175(1) and (4) was amended by section 2 of, and paragraph 29(1) and (2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2).

(2)

1992 c.5. Section 189(1), (4) and (5) was amended by paragraph 109(a) of Schedule 7 and Schedule 8 to the Social Security Act 1998 (c.14). Section 189(1) was also amended by paragraph 57 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2) and Schedule 6 to the Tax Credits Act 2002 (c.21).

(3)

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. Section 36(1) was amended by section 70 of and paragraph 29(1) and (6) of Schedule 8 to the Welfare Reform and Pensions Act 1999 (c.30) and section 86(1) of and paragraph 145 of Schedule 7 to the Social Security Act 1998 (c.14).

(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 1992.

(6)

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