The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

The Regulations contained in this Instrument are either made by virtue of, or are consequential upon, provisions in Part 1 of the Welfare Reform Act 2007 (c. 5). This Instrument is made before the expiry of the period of 6 months beginning with the coming into force of those provisions; the regulations in it are therefore exempt in accordance with section 173(5) of the Social Security Administration Act 1992 from the requirement in section 172(1) of that Act to refer proposals to make Regulations to the Social Security Advisory Committee and are made without reference to that Committee.

Part 2 makes miscellaneous amendments to legislation relating to employment by adding references to employment and support allowance to—

• — the Employment Rights Act 1996;

• — the National Minimum Wage Regulations 1999.

Part 3 makes miscellaneous amendments to legislation relating to Children and Education by adding references to employment and support allowance to—

• — the Education (Assisted Places) (Incidental Expenses) Regulations 1997;

• — the Education (Non-Maintained Special Schools) (England) Regulations 1999;

• — the Education (Student Loans) (Repayment) Regulations 2000;

• — the Special Guardianship Regulations 2005.

Part 4 makes miscellaneous amendments to legislation relating to Utilities by adding references to employment and support allowance to—

• — the Water Industry (Charges) (Vulnerable Groups) Regulations 1999;

• — the Home Energy Efficiency Scheme (England) Regulations 2005.

Part 5 amends the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 by adding references to employment and support allowance.

Part 6 amends the Asylum Support Regulations 2000 by adding a reference to employment and support allowance.

Part 7 amends the Bus Service Operators Grant (England) Regulations 2002 by adding a reference to employment and support allowance.

Part 8 makes miscellaneous amendments to legislation relating to Courts and Tribunals by adding references to employment and support allowance to—

• — the Community Legal Service (Financial) Regulations 2000;

• — the Criminal Defence Service (General) (No 2) Regulations 2001;

• — the Leasehold Valuation Tribunals (Fees) (England) Regulations 2003;

• — the Gender Recognition (Application Fees) Order 2006;

• — the Residential Property Tribunal (Fees) (England) Regulations 2006;

• — the Criminal Defence Service (Financial Eligibility) Regulations 2006;

• — the Gambling Appeals Tribunal Fees Regulations 2006.

Part 9 makes miscellaneous amendments to legislation relating to Tax Credits and Child Benefit by adding references to employment and support allowance to—

• — the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002;

• — the Tax Credits (Definition and Calculation of Income) Regulations 2002;

• — the Child Tax Credit Regulations 2002;

• — the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002;

• — the Child Benefit (General) Regulations 2006.

Part 10 makes miscellaneous amendments to Welsh legislation by adding references to employment and support allowance to—

• — the Bus Service Operators Grant (Wales) Regulations 2002;

• — the Individual Learning Accounts Wales Regulations 2003;

• — the Leasehold Valuation Tribunals (Fees) (Wales) Regulations 2004;

• — the Adoption Support Services (Local Authorities) (Wales) Regulations 2005;

• — the Special Guardianship (Wales) Regulations 2005;

• — the Residential Property Tribunal (Fees) (Wales) Regulations 2006;

• — the Homelessness (Wales) Regulations 2006;

• — the Home Energy Efficiency Schemes (Wales) Regulations 2007;

• — the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007.

Part 11 makes miscellaneous amendments to Scottish legislation by adding references to employment and support allowance to—

• — the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989;

• — the Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996;

• — the Repayment of Student Loans (Scotland) Regulations 2000;

• — the Bus Service Operators Grant (Scotland) Regulations 2002;

• — the Civil Legal Aid (Scotland) Regulations 2002;

• — the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003;

• — the Education Maintenance Allowances (Scotland) Regulations 2007.

These Regulations have no impact on the cost of business, charities or the voluntary sector and an Impact Assessment has not been published.