The Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009

Statutory Instruments

2009 No. 792

Pensions

Social Security

The Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009

Made

26th March 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 30DD(5)(c) and 175(3) of the Social Security Contributions and Benefits Act 1992(1) and sections 190(1)(a) and (2), 286, 315(2) and (4) and 318(1) of the Pensions Act 2004(2).

In accordance with section 176(1)(a)(3) of the Social Security Contributions and Benefits Act 1992 and section 316(2)(n) of the Pensions Act 2004, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

The Secretary of State has consulted such persons as the Secretary of State considers appropriate in accordance with section 317(1) of the Pensions Act 2004.

The Social Security Advisory Committee has agreed that the proposal in respect of regulation 2 should not be referred to it(4).

(1)

1992 c.4. Section 30DD was inserted by section 63 of the Welfare Reform and Pensions Act 1999 (c.30) and amended by S.I.s 2006/343 and 745; there is provision in Schedule 8 to the Welfare Reform Act 2007 for this section to be repealed, but that provision has not yet been commenced as at the date of coming into force of these Regulations.

(2)

2004 c.35. Section 190 is modified by S.I. 2005/1986 and section 286 was amended by section 18(2) and (3) of the Pensions Act 2007 (c.22) and section 124(2) to (6) of the Pensions Act 2008 (c.30) (although of those subsections, only (2) and (6) have been commenced, for certain purposes, as at the date of coming into force of these Regulations), and is modified by S.I. 2005/441. Section 318(1) is cited because of the meanings it gives to “prescribed” and “regulations”.

(3)

Section 30DD(5)(c) was inserted by paragraph 25 of Schedule 2 to the Welfare Reform and Pensions Act 1999.

(4)

See section 173(1)(b) of the Social Security Administration Act 1992 (c.5).