The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011

Statutory Instruments

2011 No. 2425

Social Security

The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011

Made

4th October 2011

Laid before Parliament

10th October 2011

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 90, 123(1)(a), (d) and (e), 130(3), 130A(2), 135(1), 136(3) and (5), 136A(3), 137(1), 138(1)(a) and (4), 151(4), 171A(2), 171D(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992(1),

• sections 2A(1), (3)(b), (d) and (e), (4) and (5), 2AA(1), (4)(f) and (5), 5(1)(p), 189(1), (4), (5) and (6) and 191 of the Social Security Administration Act 1992(2),

• sections 3(1)(f)(iii), (2) and (4), 4(5), 12(1) and (4)(a), 17A(1), (5)(d), (6) and (7), 35(1) and 36(2) and (4) of, and paragraphs 1(1) and 8A of Schedule 1 to, the Jobseekers Act 1995(3),

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

• sections 9(1)(a), 21(1)(a) and 84 of the Social Security Act 1998(5),

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

• sections 4(2)(a), 8(1), (4)(a) and (5), 9(1) and (4)(a), 24(1) and 28(2) of, and paragraph 1(4) of Schedule 1, paragraph 1(a) of Schedule 2 and paragraphs 1(1) and 8(1) of Schedule 4 to, the Welfare Reform Act 2007(7).

In accordance with section 173(1)(b) of the Social Security Administration Act 1992, the Secretary of State has obtained the agreement of the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it.

In respect of the provisions in these Regulations relating to housing benefit and council tax benefit, the Secretary of State has consulted with organisations appearing to the Secretary of State to be representative of the authorities concerned(8).

(1)

1992 c. 4. Section 90 was repealed but continued with savings by virtue of article 4 of S.I. 2000/2958. The remaining provisions of section 90 (in relation to carer’s allowance) were repealed on 6th April 2010 with savings by section 15 of the Welfare Reform Act 2009 (c. 24). Section 136A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act 2002 (c.16). Sections 137(1) and 138(4) are interpretation provisions and are cited because of the meaning given to the word “prescribed”. Section 175(1) and (4) has been amended, but not in a way material to these Regulations.

(2)

1992 c. 5. Section 2A was inserted by section 57 of the Welfare Reform and Pensions Act 1999 (c.30). Section 2AA was inserted by section 49 of the Employment Act 2002 (c.22). Section 189(1) and (4) was amended by section 86(1) and (2) of, and paragraph 109 of Schedule 7 and Schedule 8 to, the Social Security Act 1998 (c.14). Section 189(1) was also amended by paragraph 57(1) and (2) of 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). Section 191 is an interpretation provision and is cited because of the meaning given to the word “prescribe”.

(3)

1995 c. 18. Section 35(1) is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”. Paragraph 8A of Schedule 1 was inserted by section 59 of the Welfare Reform and Pensions Act 1999.

(4)

1997 c. 27. Section 29 is cited because of the meaning given to the words “prescribed” and “regulations”.

(5)

1998 c. 14. Section 84 is cited because of the meaning given to the word “prescribed”.

(6)

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

(7)

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

(8)

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