The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010

Statutory Instruments

2010 No. 641

Social Security

The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010

Made

7th March 2010

Laid before Parliament

11th March 2010

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), 130(2), 131(3), 135(1), 136(3) and (5), 136A(2) and (3), 137(1) and (2)(d), (f) and (i), 138(1)(a) and (4) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992(1),

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

• sections 3(1)(f)(iii), 3A(1)(e)(ii), 4(5), 12(4)(a) to (c), 20B(4) and (6), 35(1) and 36(2) and (4) and paragraphs 1(2)(b) and 8A(1) of Schedule 1 to the Jobseekers Act 1995(3),

• section 29 and paragraph 8 of Schedule 1 to the Social Security (Recovery of Benefits) Act 1997(4),

• sections 2(3)(b), 7(7)(a), 15(1)(f), (6)(a) and (b) and 17(1) of the State Pension Credit Act 2002(5), and

• sections 4(2), 17(1) and (3)(a) and (b), 24(1) and 25(2), (3) and (5) of the Welfare Reform Act 2007(6).

The Social Security Advisory Committee have agreed that the proposals in respect of these Regulations should not be referred to it(7).

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(8).

(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 130(2) was amended by paragraph 3 of Schedule 9 to the Local Government Finance Act 1992, section 96(2) of the Local Government Act 2000 (c. 22) and paragraph 1(1) and (3) of Schedule 5 to the Welfare Reform Act 2007 (c. 5). Section 131 was substituted by paragraph 4 of Schedule 9 of the Local Government Finance Act 1992. Section 136A was inserted by paragraphs 1 and 3 of Schedule 2 to the State Pension Credit Act 2002 (c. 16). Section 137(1) and 138(4) are interpretation provisions, cited because of the meaning given to the word “prescribed”. Section 137(2)(d) was substituted by paragraph 35(3) of Schedule 2 to the Jobseekers Act 1995 (c. 18). Section 138(1) was substituted by section 70(1) of the Social Security Act 1998 (c. 14). Section 175(1) and (4) was amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).

(2)

1992 c. 5. Section 189(1), (4) and (5) was amended by paragraph 109 of Schedule 7 and Schedule 8 to the Social Security Act 1998. Section 189(1) was also amended by paragraph 57(1) and (2) of Schedule 3 to the Social Security (Transfer of Functions, etc.) Act 1999 and Schedule 6 to the Tax Credits Act 2002 (c. 21). 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 4 and 6 of Schedule 7 to the Welfare Reform and Pensions Act 1999 (c. 30) (“the 1999 Act”). Section 20B was inserted by paragraph 13 of Schedule 7 to the 1999 Act. Section 35(1) is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”. Section 36(4) was amended by paragraph 63 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999. Paragraph 8A(1) of Schedule 1 was inserted by paragraph 16(1) and (2) of Schedule 7 to the 1999 Act.

(4)

1997 c. 27. Paragraph 8 of Schedule 1 applies to lump sum payments by virtue of section 1A(4)(b) of the Social Security (Recovery of Benefits) Act 1997, which was inserted by section 54 of the Child Maintenance and Other Payments Act 2008 (c. 6). Section 29 is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”.

(5)

2002 c. 16. Section 17(1) is an interpretation provision and is cited because of the meaning given to the word “prescribed”.

(6)

2007 c. 5. Section 24(1) is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”.

(7)

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

(8)

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