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Statutory Instruments

2008 No. 1167

Social Security

The Discretionary Housing Payments (Grants) Amendment Order 2008

Made

24th April 2008

Laid before Parliament

30th April 2008

Coming into force

22nd May 2008

The Secretary of State for Work and Pensions in the exercise of powers conferred by sections 140B(1) and 140C(1) and (4) and 189(4) to (6) of the Social Security Administration Act 1992(1) and section 70 of the Child Support, Pensions and Social Security Act 2000(2) with the consent of the Treasury(3) and after consultation with organisations appearing to be representative of the authorities concerned(4) makes the following Order:

Citation, commencement, application and interpretation  

1.—(1) This Order may be cited as the Discretionary Housing Payment (Grants) Amendment Order 2008 and shall come into force on 22nd May 2008.

(2) Article 2(6) of this Order shall apply in respect of any year commencing on or after 2nd July 2001.

(3) Articles 1 and 2(1) to (5) of this Order shall apply in respect any year commencing on or after 1st April 2006.

(4) In this Order, “the 2001 Order” means the Discretionary Housing Payments (Grants) Order 2001(5).

Amendment of the 2001 Order    

2.—(1) The 2001 Order is amended as follows.

(2) Sub-paragraph (2)(g) of article 3 (claims) is omitted.

(3) Paragraphs (1) and (2) of article 4 (records and information provisions) are omitted.

(4) Article 5 (audit provisions) is omitted.

(5) For article 6 (payment) substitute—

6.  Subject to article 6A, the Secretary of State may make payments by way of instalments by reference to claims submitted in accordance with article 3 but no final payment shall be made until the Secretary of State is satisfied that no request for information in accordance with article 4 is outstanding..

Signed by authority of the Secretary of State for Work and Pensions.

James Plaskitt

Parliamentary Under-Secretary of State,

Department for Work and Pensions

22nd April 2008

We consent

Alan Campbell

Frank Roy

Two of the Lords Commissioners of Her Majesty’s Treasury

24th April 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Discretionary Housing Payments (Grants) Order 2001. It removes the requirement that a relevant authority’s final claim in respect of discretionary housing payments be audited.

An impact assessment has not been prepared as this instrument has no impact on business, charities or the voluntary sector.

(3)

Section 189(8) of the Social Security Administration Act 1992 (c.5).

(4)

Section 176(1) of the Social Security Admi nistration Act 1992.

(5)

S.I. 2001/2340 as amended by S.I.s 2004/2329 and 2005/2052.