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The Welfare Reform Act 2007 (Commencement No. 10, Transitional and Savings Provisions) Order 2009
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Statutory Instruments
2009 No.775 (C. 49)
Social Security
The Welfare Reform Act 2007 (Commencement No. 10, Transitional and Savings Provisions) Order 2009
Made
23rd March 2009
The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by sections 68 and 70(2) of the Welfare Reform Act 2007(1).
Citation and interpretation
1.—(1) This Order may be cited as the Welfare Reform Act 2007 (Commencement No. 10, Transitional and Savings Provisions) Order 2009.
(2) In this Order “the Act” means the Welfare Reform Act 2007.
Appointed days
2. 27th March 2009 is the day appointed for the coming into force of the following provisions of the Act—
(a)section 36 (supply of information by rent officers);
(b)section 67 and Schedule 8 (repeals) in so far as those provisions relate to the partial repeal of sections 37(2) (widowed mother’s allowance) and 39A(3) (widowed parent’s allowance) of the Social Security Contributions and Benefits Act 1992(2).
Transitional and savings provision
3. In cases to which article 3(2) of the Tax Credits Act 2002 (Commencement No. 3 and Transitional Provisions and Savings) Order 2003(3) applies, sections 37 (widowed mother’s allowance) and 39A (widowed parent’s allowance) of the Social Security Contributions and Benefits Act 1992 (as they continue to apply by virtue of article 4 of that Order) have effect as if the repeals specified in article 2(b) of this Order had not come into force.
Signed by authority of the Secretary of State for Work and Pensions
Kitty Ussher
Parliamentary Under-Secretary of State
Department for Work and Pensions
23rd March 2009
EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings into force the following provisions of the Welfare Reform Act 2007—
(a)section 36 (supply of information by rent officers), and
(b)section 67 and Schedule 8 (repeals) so far as they relate to the partial repeal of sections 37(2) (widowed mother’s allowance) and 39A(3) (widowed parent’s allowance) of the Social Security Contributions and Benefits Act 1992.
Article 2(a) provides for the commencement of section 36 which inserts section 122F into the Social Security Administration Act 1992. Section 122F enables the Secretary of State to require a rent officer to supply housing benefit information to the Secretary of State for use for purposes listed in that section.
Article 2(b) provides for the commencement of section 67 and Schedule 8 (repeals) so far as they relate to the partial repeal of sections 37(2) and 39A(3) of the Social Security Contributions and Benefits Act 1992. These repeals are consequential on the commencement of sections 50 and 51 of the 2007 Act made by the Welfare Reform Act 2007 (Commencement No. 7, Transitional and Savings Provisions) Order 2008 (S.I. 2008/2101).
Article 3 makes transitional and savings provision relating to article 2(b). It concerns entitlement to widowed mother’s allowance and widowed parent’s allowance for the cases to which article 3(2) of the Tax Credits Act 2002 (Commencement No. 3 and Transitional Provisions and Savings) Order 2003 applies (broadly speaking, persons entitled to a child dependency increase before 6th April 2003).
A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
The following provisions of the Act have been brought into force by commencement orders made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 1 | 27th October 2008 | 2008/787 |
| Section 2(1)(a) and (c) and (4)(a) and (c) (partially) | 18th March 2008 | 2008/787 |
| Section 2 (for all other purposes) | 27th October 2008 | 2008/787 |
| Section 3(1)(c) and (2)(b) and (d) (partially) | 18th March 2008 | 2008/787 |
| Section 3(3) for the purposes of prescribing a payment under paragraph (b) of the definition of “pension payment” (partially) | 18th March 2008 | 2008/787 |
| Section 3 (for all other purposes) | 27th October 2008 | 2008/787 |
| Section 4(2)(a), (3) and (6)(a) and (c) (partially) | 18th March 2008 | 2008/787 |
| Section 4 (for all other purposes) | 27th October 2008 | 2008/787 |
| Section 5(2) and (3) (partially) | 18th March 2008 | 2008/787 |
| Section 5 (for all other purposes) | 27th October 2008 | 2008/787 |
| Sections 6 and 7 | 27th October 2008 | 2008/787 |
| Section 8 except for subsection (4)(c) (partially) | 18th March 2008 | 2008/787 |
| Section 8 (for all other purposes) | 27th October 2008 | 2008/787 |
| Section 9 except for subsection (4)(c) (partially) | 18th March 2008 | 2008/787 |
| Section 9 (for all other purposes) | 27th October 2008 | 2008/787 |
| Section 10 | 27th October 2008 | 2008/787 |
| Section 11(1), (2)(a) to (g), (3) to (5), (6)(a) and (7)(c) (partially) | 18th March 2008 | 2008/787 |
| Section 11 (for all other purposes) | 27th October 2008 | 2008/787 |
| Section 12(1), (2)(a) to (h) and (3) to (7) (partially) | 18th March 2008 | 2008/787 |
| Section 12 (for all other purposes) | 27th October 2008 | 2008/787 |
| Section 13(7) | 27th October 2008 | 2008/2772 |
| Section 14(1) and (2)(a) and (b) (partially) | 18th March 2008 | 2008/787 |
| Section 14 (for all other purposes) | 27th October 2008 | 2008/787 |
| Section 16(2)(a) and (4) (partially) | 18th March 2008 | 2008/787 |
| Section 16 (for all other purposes) | 27th October 2008 | 2008/787 |
| Section 17 (partially) | 18th March 2008 | 2008/787 |
| Section 17 (for all other purposes) | 27th October 2008 | 2008/787 |
| Section 18(1), (2) and (4) (partially) | 18th March 2008 | 2008/787 |
| Section 18 (for all other purposes) | 27th October 2008 | 2008/787 |
| Section 19 | 27th October 2008 | 2008/787 |
| Section 20(2) to (7) (partially) | 18th March 2008 | 2008/787 |
| Section 20 (for all other purposes) | 27th October 2008 | 2008/787 |
| Section 21 | 27th October 2008 | 2008/787 |
| Section 22 insofar as it relates to paragraphs 1 to 7, 8(1), 9, 10, 12 and 14 of Schedule 2 (partially) | 18th March 2008 | 2008/787 |
| Section 22 (for all other purposes) | 27th October 2008 | 2008/787 |
| Section 23(1) and (3) (partially) | 18th March 2008 | 2008/787 |
| Section 23 (for all other purposes) | 27th October 2008 | 2008/787 |
| Section 24(1) for the purpose of defining “employed”, “employment”, “period of limited capability for work”, “prescribed”, “regulations” and “week” (partially) | 18th March 2008 | 2008/787 |
| Section 24(2)(b) and (3) (partially) | 18th March 2008 | 2008/787 |
| Section 24 (for all other purposes) | 27th October 2008 | 2008/787 |
| Section 25(1) to (5) (partially) | 18th March 2008 | 2008/787 |
| Section 25(2)(b) (for all other purposes) | 27th July 2008 | 2008/787 |
| Section 25(1), (2)(a) and (c) and (3) to (7) (for all other purposes) | 27th October 2008 | 2008/787 |
| Section 26(2) (partially) | 18th March 2008 | 2008/787 |
| Section 26 (for all other purposes) | 27th October 2008 | 2008/787 |
| Section 27 | 27th October 2008 | 2008/787 |
| Section 28(1) insofar as it relates to certain provisions of Schedule 3 (partially) | 18th March 2008 | 2008/787 |
| Section 28(1) (partially) | 27th July 2008 | 2008/787 |
| Section 28(1) (partially) | 27th October 2008 | 2008/787 |
| Section 28(2) (partially) | 18th March 2008 | 2008/787 |
| Section 28(2) (for all other purposes) | 27th October 2008 | 2008/787 |
| Section 28(3) | 27th October 2008 | 2008/787 |
| Section 29 insofar as it relates to paragraphs 1(1), 2, 3(b), (c) and (d) of Schedule 4 (partially) | 18th March 2008 | 2008/787 |
| Section 29 insofar as it relates to paragraphs 1, 2, 3(b), (c) and (d) (for all other purposes) and 11 of Schedule 4. | 27th July 2008 | 2008/787 |
| Section 29 insofar as it relates to paragraph 10 of Schedule 4 (partially) | 11th December 2008 | 2008/3167 |
| Section 30(1) | 7th April 2008 | 2007/2872 |
| Section 30(2) (partially) | 1st October 2007 | 2007/2872 |
| Section 30(2) (for all other purposes) | 7th April 2008 | 2007/2872 |
| Section 30(3) (partially) | 1st October 2007 | 2007/2872 |
| Section 30(3) (for all other purposes) | 7th April 2008 | 2007/2872 |
| Section 31 (partially) | 14th June 2007 | 2007/1721 |
| Section 31 (for all other purposes) | 1st November 2007 | 2007/1721 |
| Section 32 (partially) | 1st April 2008 | 2008/411 |
| Section 32 (for all other purposes) | 6th October 2008 | 2008/411 |
| Section 33 (partially) | 1st April 2008 | 2008/411 |
| Section 33 (for all other purposes) | 6th October 2008 | 2008/411 |
| Section 34 (partially) | 1st April 2008 | 2008/411 |
| Section 34 (for all other purposes) | 6th October 2008 | 2008/411 |
| Section 35(1) (partially) | 1st October 2007 | 2007/2872 |
| Section 35(1) (for all other purposes) | 7th April 2008 | 2007/2872 |
| Section 35(2) (partially) | 1st October 2007 | 2007/2872 |
| Section 35(2) (for all other purposes) | 7th April 2008 | 2007/2872 |
| Section 35(3) | 7th April 2008 | 2007/2872 |
| Section 38 | 1st April 2008 | 2008/411 |
| Section 39 | 1st April 2008 | 2008/411 |
| Section 41(1) | 1st October 2007 | 2007/2819 |
| Section 42 (partially) | 5th August 2008 | 2008/2101 |
| Section 42 (for all other purposes) | 1st September 2008 | 2008/2101 |
| Section 43 | 1st September 2008 | 2008/2101 |
| Section 46 (partially) | 19th February 2008 | 2008/411 |
| Section 46 (for all other purposes) | 7th April 2008 | 2008/411 |
| Section 47 (partially) | 19th February 2008 | 2008/411 |
| Section 47 (for all other purposes) | 7th April 2008 | 2008/411 |
| Section 49 | 1st April 2008 | 2008/787 |
| Section 50 | 7th October 2008 | 2008/2101 |
| Section 51 | 7th October 2008 | 2008/2101 |
| Section 52 | 1st October 2007 | 2007/2819 |
| Section 53 | 1st October 2007 | 2007/2819 |
| Section 58 (partially) | 12th July 2007 | 2007/1991 |
| Section 58 (for all other purposes) | 10th August 2007 | 2007/1991 |
| Section 60 (partially) | 1st October 2007 | 2007/2819 |
| Section 60 (for all other purposes) | 29th October 2007 | 2007/2819 |
| Section 63 (partially) | 1st October 2007 | 2007/2819 |
| Section 67 (partially) | 1st October 2007 | 2007/2819 |
| Section 67 (partially) | 27th October 2008 | 2008/787 |
| Section 67 (partially) | 1st September 2008 | 2008/2101 |
| Section 67 (partially) | 7th October 2008 | 2008/2101 |
| Schedule 1: paragraphs 1(4) and 3(2), 4(1)(a) and (c), (3) and (4), 6(1)(b), (2) to (4), (7) and (8) and 6(5) for the purposes of the meaning of “couple”, “education” and “remunerative work” (partially) | 18th March 2008 | 2008/787 |
| Schedule 1 (for all other purposes) | 27th October 2008 | 2008/787 |
| Schedule 2: paragraphs 1 to 7, 8(1), 9, 10, 12 and 14 (partially) | 18th March 2008 | 2008/787 |
| Schedule 2 (for all other purposes) | 27th October 2008 | 2008/787 |
| Schedule 3: paragraphs 7(1) and (8), 8, 9(1), (3)(b) and (4), 10(1), (2), (3) to (8), (12) and (32), 12(1) and (5), 15, 17(1), (3), (6) and (7), 18, 20, 23(1) to (5) and (8) and 24 (partially) | 18th March 2008 | 2008/787 |
| Schedule 3: paragraphs 10(1), (2) and (32) and 17(1), (2), (3) and (6) (for all other purposes) | 27th July 2008 | 2008/787 |
| Schedule 3: paragraphs 1 to 4, 6, 7(1), (7) and (8), 8, 9(1) to (4), (6) to (11) and (13), 10(3) to (31), 11 to 16, 17(4), (5), (7) to (9), 18 to 20 and 22 to 24 (for all other purposes) | 27th October 2008 | 2008/787 |
| Schedule 4: paragraphs 1(1), 2, 3(b), (c) and (d) (partially) | 18th March 2008 | 2008/787 |
| Schedule 4: paragraphs 1, 2, 3(b), (c) and (d) (for all other purposes) | 27th July 2008 | 2008/787 |
| Schedule 4: paragraph 10 | 11th December 2008 | 2008/3167 |
| Schedule 4: paragraph 11 | 27th July 2008 | 2008/787 |
| Schedule 5: paragraphs 5, 6, 7 and 9 | 1st April 2008 | 2008/411 |
| Schedule 5: paragraph 12 (partially) | 7th April 2008 | 2007/2872 |
| Schedule 6 (partially) | 12th July 2007 | 2007/1991 |
| Schedule 7 (partially) | 1st October 2007 | 2007/2819 |
| Schedule 8 (partially) | 1st October 2007 | 2007/2819 |
| Schedule 8 (partially) | 7th April 2008 | 2007/2872 |
| Schedule 8 (partially) | 1st September 2008 | 2008/2101 |
| Schedule 8 (partially) | 7th October 2008 | 2008/2101 |
| Schedule 8 (partially) | 27th October 2008 | 2008/787 |
(1)
(2)
1992 c.4. Section 37 was amended by paragraphs 24 and 26 of Schedule 3 to the Tax Credits Act 2002 (c.21), section 254(1) of, and paragraph 18 of Schedule 24 to, the Civil Partnership Act 2004 (c.33) and section 1(3) of, and paragraphs 1 and 2 of Schedule 1 to, the Child Benefit Act 2005 (c.6). Section 39A was inserted by section 55(2) of the Welfare Reform and Pensions Act 1999 (c.30) and amended by paragraphs 24 and 28 of Schedule 3 to the Tax Credits Act 2002, section 254(1) of, and paragraph 20 of Schedule 24 to, the Civil Partnership Act 2004 and section 1(3) of, and paragraphs 1 and 3 of Schedule 1 to, the Child Benefit Act 2005.
(3)
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