2009 No.775 (C. 49)

Social Security

The Welfare Reform Act 2007 (Commencement No. 10, Transitional and Savings Provisions) Order 2009

Made

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 20071.

Citation and interpretation1

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 days2

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 19922.

Transitional and savings provision3

In cases to which article 3(2) of the Tax Credits Act 2002 (Commencement No. 3 and Transitional Provisions and Savings) Order 20033 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 UssherParliamentary Under-Secretary of StateDepartment for Work and Pensions
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