Child Support, Pensions and Social Security Act 2000

Part V: Miscellaneous and Supplemental

Miscellaneous

Section 82: Tests for determining parentage andSection 83: Declarations of status are described in Part 1 of these notes covering the Child Support measures.

Supplemental

Section 84: Expenses

910. This section authorises expenditure incurred under this Act and any increase in expenditure incurred under any Act in so far as that increase is attributable to any provision of this Act.

Section 85: Repeals

911. This section gives effect to Schedule 9, which repeals certain existing legislation as a consequence of the measures in the Act.

• Part I of the Schedule (Child Support): see commentary on Part I of the Act;

• Part II of the Schedule (State pensions): see commentary on Part II, Chapter I of the Act;

• Part III of the Schedule (occupational and personal pension schemes): see commentary on Part II, Chapter II of the Act;

• Part IV of the Schedule (War Pensions): see commentary on Part II, Chapter III of the Act;

• Part V of the Schedule (loss of benefit): see commentary on sections 62 to 66 (loss of benefit for breach of community service order);

• Part VI of the Schedule (Investigation Powers): see commentary on Schedule 6 (Investigation Powers);

• Part VII of the Schedule (Housing Benefit and Council Tax Benefit): see commentary on sections 68 to 71;

• Part VIII of the Schedule (NICs in respect of benefits in kind: Great Britain (1) and Northern Ireland (2)): see commentary on Part IV of the Act;

• Part IX of the Schedule (Tests for determining parentage and declarations of status): see commentary on sections 82 and 83 (following section 15).

Section 86: Commencement and transitional provisions

Commencement provisions

912. This Act introduces a large number of measures, not all of which will come into force at the same time. Subsections (2) and (3) provide for the provisions listed in subsection (1) to be brought into force, possibly on different days and for different purposes, by order made by the Secretary of State or, in the case of provisions specified in subsection (3)(b), by the Lord Chancellor. Subsection (4) provides that for the measures relating to Child Support, other than section 24 (which removes the requirement for the CSA to complete periodical reviews), and the reduction and withdrawal of benefit (sections 62 to 66), this power also includes the power to pilot the measures by bringing the provisions into force on different days in different areas. Those measures which are not specified in, or excepted from, subsection (1) will come into force on Royal Assent.

Transitional provisions

913. Subsection (5) provides the power to make, by regulations, any necessary transitional arrangements in relation to the measures on selection of trustees and of directors of corporate trustees, and on Housing Benefit and Council Tax Benefit revisions and appeals and discretionary housing payments. Subsection (6) provides that regulations made under subsection (5) are to be made by negative instrument, and subsection (7) enables the regulations to (among other things) make different provision for different classes of cases, impose conditions or create exceptions.

Section 87: Short title and extent

914. The measures in the Act will apply throughout Great Britain. This section sets out which of the provisions of the Act will extend to Northern Ireland. The provisions, specified in subsection (2), are concerned with

(a)

an amendment of a provision about member nominated trustees which itself extends to Northern Ireland;

(b)

War Pensions;

(c)

consultation with the Social Security Advisory Committee about regulations relating to disclosure of state pension information, loss of benefits, Housing Benefit and Council Tax Benefit revisions and appeals and discretionary housing payments;

(d)

liability for Class 1A National Insurance Contributions in Northern Ireland, and collection of contributions there;

(e)

consequential amendments made in Schedule 3 in Acts which extend to Northern Ireland;

(f)

calculation of the contributions equivalent premium in Northern Ireland; and

(g)

this section, and the provision for expenses and commencement etc. in this Part of the Act, and repeals in Acts which apply in, or extend to, Northern Ireland.