The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009

Statutory Instruments

2009 No. 2655

Social Security

The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009

Made

2nd October 2009

Laid before Parliament

5th October 2009

Coming into force in accordance with regulation 1

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

• sections 123(1)(a), (d) and (e), 124(1)(d) and (e), 136(3), (4) and (5), 136A(3), 137(1) and (2)(f) and (h), and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992(1),

• sections 5(1)(b), 12(2)(a) and 189(1), (4) to (6) and 191 of the Social Security Administration Act 1992(2),

• sections 3(1)(f)(iii), 3A(1)(e)(ii), 4(5), 12(1), (2), (4)(a) and (b), 35(1) and 36(2) and (4) of the Jobseekers Act 1995(3),

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

• sections 4(2)(a), 12(1), (2)(h) and (7), 17(1), (2) and (3)(a) and (b), 18(4), 24(1), and 25(5)(a) of the Welfare Reform Act 2007(5).

The Social Security Advisory Committee have agreed that the proposals in respect of these Regulations should not be referred to it(6).

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(7).

(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) Paragraphs (d) and (e) were respectively substituted and inserted by paragraph 30(5) of Schedule 2 to the Jobseekers Act 1995 (c. 18) and Paragraph (e) was amended by Schedule 3 to the State Pension Credit Act 2002 (c. 16). Section 136A was inserted by paragraphs 1 and 3 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) was amended by 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).

(2)

1992 c. 5. The benefits to which section 5 applies are set out in section 5(2), which was amended by paragraph 39, Schedule 2 to the Jobseekers Act 1995, paragraphs 1 and 3(1) and (2) of Part 1 of Schedule 1 to the State Pension Credit Act 2002, Schedule 6 to the Tax Credits Act 2002, 10(1) and (4) of Schedule 3 to the Welfare Reform Act 2007 (c. 5), and section 132(1) of the Health and Social Care Act 2008 (c.14). Section 189(1), (4) and (5) were amended by paragraph 109 of Schedule 7 and Schedule 8 to the Social Security Act 1998 (c. 14). Section 191 is an interpretation provision and is cited because of the meaning given to the word “prescribe”.

(3)

1995 c. 18. Section 3A was inserted by paragraphs 1 and 4(2) of Schedule 7 to the Welfare Reform and Pensions Act 1999 (c.30). Section 35(1) is an interpretation provision and is cited because of the meaning given to the word “prescribed” and also provides that “regulations” means regulations made by the Secretary of State. Section 36(1) provides that, save for limited exceptions, any power to make regulations under the Jobseekers Act will be exercisable by statutory instrument. Section 36(1) was amended by paragraph 145 of Schedule 7 to the Social Security Act 1998 and paragraphs 29(1) and (6) of Schedule 8 to the Welfare Reform and Pensions Act 1999. Section 36(4) was amended by paragraph 63 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc) Act 1999.

(4)

2002 c. 16. Section 5 was amended by paragraph 140 of Part 13 of Schedule 24 to the Civil Partnership Act 2004 (c. 33). Section 17(1) is an interpretation provision and is cited because of the meaning given to the word “prescribed”.

(5)

2007 c. 5. Section 24(1) is an interpretation provision and is cited because of the meaning given there to the word “prescribed” and also provides that “regulations” means regulations made by the Secretary of State.

(6)

See sections 172(1) and 173(1)(b) of the Social Security Administration Act 1992.

(7)

See section 176(1) of the Social Security Administration Act 1992.