Search Legislation

The Welfare Reform (2007 Act) (Commencement No. 6 and Transitional and Savings Provisions) Order (Northern Ireland) 2008

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Rules of Northern Ireland

2008 No. 339 (C. 18)

Social Security

The Welfare Reform (2007 Act) (Commencement No. 6 and Transitional and Savings Provisions) Order (Northern Ireland) 2008

Made

7th August 2008

The Department for Social Development makes the following Order in exercise of the powers conferred by sections 59 and 60(1) of the Welfare Reform Act (Northern Ireland) 2007(1).

Citation and interpretation

1.  (1)  This Order may be cited as the Welfare Reform (2007 Act) (Commencement No. 6 and Transitional and Savings Provisions) Order (Northern Ireland) 2008.

(2) In this Order any reference to a numbered section or Schedule is to the section of, or Schedule to, the Welfare Reform Act (Northern Ireland) 2007 bearing that number.

Appointed days

2.  (1)  The day appointed for the coming into operation of section 39 (information relating to certain benefits) for the purpose only of authorising the making of orders or regulations, is 8th August 2008.

(2) The day appointed for the coming into operation of—

(a)section 39 in so far as not already in operation;

(b)section 40 (unlawful disclosure of certain information); and

(c)in Schedule 8 the repeal of Articles 6 and 7 of the Housing Support Services (Northern Ireland) Order 2002(2) and section 58 in so far as it relates to those repeals,

is 1st September 2008.

(3) The day appointed for the coming into operation of—

(a)sections 46 and 47 (widowed mother’s allowance and widowed parent’s allowance); and

(b)in Schedule 8 the repeal of paragraphs 38 and 40 of Schedule 3 to the Tax Credits Act 2002(3) and section 58 in so far as it relates to those repeals,

is 7th October 2008.

Transitional and savings provisions

3.  (1)  The following provisions of the Housing Support Services (Northern Ireland) Order 2002 continue to have effect after 31st August 2008 in relation to information supplied on or before that date by virtue of Article 6 of that Order—

(a)Article 6(3) and (4) (which permits the onward supply of information received by virtue of Article 6(2) to a person providing housing support services); and

(b)Article 7 (under which a person is guilty of an offence if he makes an unauthorised disclosure of information).

(2) Paragraph (1) applies notwithstanding Article 2(2) (which brings the repeal of Articles 6 and 7 into operation on 1st September 2008).

(3) In cases to which Article 2(2) of the Tax Credits Act 2002 (Transitional Provisions and Savings) Order (Northern Ireland) 2003(4) applies, sections 37 and 39A of the Contributions and Benefits Act(5) (widowed mother’s allowance and widowed parent’s allowance) (as they continue to apply by virtue of Article 3 of that Order) have effect as if the amendments specified in sections 46 and 47 had not come into operation.

Sealed with the Official Seal of the Department for Social Development on 7th August 2008

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Order)

Article 2 of this Order provides for the coming into operation of the following provisions of the Welfare Reform Act (Northern Ireland) 2007—

  • section 39 (information relating to certain benefits), for the purpose only of authorising the making of orders or regulations, on 8th August 2008 and for all other purposes, together with consequential repeals, on 1st September 2008;

  • section 40 (unlawful disclosure of certain information), on 1st September 2008; and

  • sections 46 and 47 (widowed mother’s allowance and widowed parent’s allowance) and consequential repeals, on 7th October 2008.

Article 3 makes transitional and savings provisions—

  • to provide that where persons have been supplied with information pursuant to Article 6 of the Housing Support Services (Northern Ireland) Order 2002—

    • under Article 6(3) and (4) of that Order they will continue to be permitted to supply that information to persons providing housing support services; and

    • under Article 7 of that Order it will remain an offence for them, in certain circumstances, to disclose that information without lawful authority (paragraphs (1) and (2)); and

  • for the continuing application of sections 37 and 39A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 relating to entitlement to widowed mother’s allowance and widowed parent’s allowance for certain cases (paragraph (3)).

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Welfare Reform Act (Northern Ireland) 2007 have been brought into operation by earlier commencement orders as from the dates shown.

ProvisionDate of CommencementS.R. No.
Sections 1 to 5 (partially)1st July 2008 and 27th October 20082008 No. 276 (C. 14)
Sections 6 and 727th October 20082008 No. 276 (C. 14)
Sections 8 and 9 (partially)1st July 2008 and 27th October 20082008 No. 276 (C. 14)
Section 1027th October 20082008 No. 276 (C. 14)
Sections 11, 12, 14 and 16 to 18 (partially)1st July 2008 and 27th October 20082008 No. 276 (C. 14)
Section 1927th October 20082008 No. 276 (C. 14)
Section 20 (partially)1st July 2008 and 27th October 20082008 No. 276 (C. 14)
Section 2127th October 20082008 No. 276 (C. 14)
Sections 22 to 26 (partially)1st July 2008, 27th July 2008 and 27th October 20082008 No. 276 (C. 14)
Section 2727th October 20082008 No. 276 (C. 14)
Sections 28 and 29 (partially)1st July 2008, 27th July 2008 and 27th October 20082008 No. 276 (C. 14)
Section 30 (partially)10th March 2008 and 7th April 20082008 No. 93 (C. 3)
Sections 32 to 34 (partially)1st July 2008 and 6th October 20082008 No. 276 (C. 14)
Section 361st April 20082008 No. 147 (C. 7)
Section 37 (partially)1st April 20082008 No. 147 (C. 7)
Section 38(1)8th October 20072007 No. 429 (C. 27)
Section 451st April 20082008 No. 147 (C. 7)
Sections 48 and 498th October 20072007 No. 429 (C. 27)
Section 52 (partially)19th July 2007 and 10th August 20072007 No. 335 (C. 23)
Section 54 (partially)8th October 2007 and 29th October 20072007 No. 429 (C. 27)
Section 56 (partially)8th October 20072007 No. 429 (C. 27)
7th April 20082008 No. 93 (C. 3)
Section 58 (partially)8th October 20072007 No. 429 (C. 27)
7th April 20082008 No. 93 (C. 3)
27th October 20082008 No. 276 (C. 14)
Schedules 1 and 2 (partially)1st July 2008 and 27th October 20082008 No. 276 (C. 14)
Schedule 3 (partially)1st July 2008, 27th July 2008 and 27th October 20082008 No. 276 (C. 14)
Schedule 4 (partially)1st July 2008 and 27th July 20082008 No. 276 (C. 14)
Schedule 5 (partially)1st April 20082008 No. 147 (C. 7)
Schedule 6 (partially)19th July 2007 and 10th August 20072007 No. 335 (C. 23)
Schedule 7 (partially)8th October 20072007 No. 429 (C. 27)
27th October 20082008 No. 276 (C. 14)
Schedule 8 (partially)8th October 20072007 No. 429 (C. 27)
7th April 20082008 No. 93 (C. 3)
27th October 20082008 No. 276 (C. 14)
(5)

Section 37 was amended by paragraph 38 of Schedule 3 to the Tax Credits Act 2002 (c. 21), paragraph 72 of Schedule 24 and Schedule 30 to the Civil Partnership Act 2004 (c.33) and paragraph 28 of Schedule 1 to the Child Benefit Act 2005 (c.6) and section 39A was inserted by Article 52(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and amended by paragraph 40 of Schedule 3 to the Tax Credits Act 2002, paragraph 74 of Schedule 24 and Schedule 30 to the Civil Partnership Act 2004 and paragraph 29 of Schedule 1 to the Child Benefit Act 2005

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources