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The Social Security, Child Support, Vaccine Damage and Other Payments (Decisions and Appeals) (Amendment) Regulations 2013

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Statutory Instruments

2013 No. 2380

Social Security

Family Law

Child Support

Public Health

The Social Security, Child Support, Vaccine Damage and Other Payments (Decisions and Appeals) (Amendment) Regulations 2013

Made

10th September 2013

Coming into force

28th October 2013

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by—

  • sections 3A(3), 4(1B) and (2) and 8(1), (2)(b) and (5) of the Vaccine Damage Payments Act 1979(1),

  • sections 20(3A) and (5) (as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act 2000)(2) and 52(4) of the Child Support Act 1991(3),

  • sections 20(2A) and (4) (as substituted by section 10 of the Child Support, Pensions and Social Security Act 2000) and 52(4) of the Child Support Act 1991(4),

  • sections 1A(3)(e), 11(2A), (5) and 30(4) of the Social Security (Recovery of Benefits) Act 1997(5), and

  • sections 9(1), 12(3A) and (7), 79(4), (6) and (7) and 84 of the Social Security Act 1998(6),

  • sections 49(2), 50(1A) and (4) and 53(1), (2) and (2A) of the Child Maintenance and Other Payments Act 2008(7).

In so far as these Regulations are made under the Social Security (Recovery of Benefits) Act 1997 and the Social Security Act 1998, the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it(8).

A draft of this instrument was laid before Parliament in accordance with section 8(2A)(b) of the Vaccine Damage Payments Act 1979(9), section 52(2)(a) of the Child Support Act 1991(10), section 30(2A) of the Social Security (Recovery of Benefits) Act 1997(11), section 80(1) of the Social Security Act 1998(12) and section 53(3) of the Child Maintenance and Other Payments Act 2008(13) and approved by resolution of each House of Parliament.

(1)

1979 c. 17 (“the 1979 Act”). Section 3A was inserted by section 45 of the Social Security Act 1998 (c. 14) (“the 1998 Act”). It was amended by S.I. 2008/2833, by section 67 of, and Schedule 8 to, the Welfare Reform Act 2007 (c. 5) (“the 2007 Act”) from a date to be appointed and by paragraph 108 of the Schedule to S.I. 2012/2007. Section 4 was substituted by section 46 of the 1998 Act and was amended by sections 57 and 63 of, and Schedule 7 to, the 2007 Act (date in force to be appointed), by S.I. 2008/2833 and by section 102(6) of, and Schedule 11 to, the Welfare Reform Act 2012 (c. 5) (“the 2012 Act”). Section 8 was substituted by Schedule 7 of the 1998 Act for the purpose of making regulations and for the purposes specified in article 1and Schedule 1 of S.I. 1999/2866.

(2)

2000 c. 19 (“the 2000 Act”).

(3)

1991 c. 48. Section 20(3A) was inserted by section 102 of, and Schedule 11 to, the 2012 Act. Section 52 was repealed by Schedule 4 to the Constitutional Reform Act 2005 (c. 4) (“the 2005 Act”) and by Schedule 8 of the Child Maintenance and Other Payments Act 2008 (c. 6) (“the 2008 Act”). It was substituted by Part 1 section 25 of the 2000 Act in relation to cases specified in article 3 of S.I. 2003/192 and by Schedule 7 of the 2008 Act.

(4)

Section 20(2A) of the 2000 Act was inserted by section 102 of, and Schedule 11 to, the 2012 Act.

(5)

1997 c. 27. (“the 1997 Act”). Section 1A was inserted by section 54 of the 2008 Act. Section 11 was amended by section 86 of, and Schedule 7 to, the 1998 Act, section 59 of, and Schedule 11 to, the Constitutional Reform Act 2005 (c. 4) and by S.I. 2008/2833. Section 11(2A) was inserted, and 30 was amended, by section 102 of, and Schedule 11 to, the 2012 Act. Section 11(2A) was also amended by paragraph 108 of the Schedule to S.I. 2012/2007.

(6)

1998 c. 14. Section 9 was amended by section 147 of, and Schedule 14 to the 2012 Act. Section 12(3A) was inserted, and section 12(7) was amended by, section 102 of the 2012 Act. Section 84 is cited for the meaning of “prescribe”.

(7)

2008 c. 6. Sections 49(2) was amended by, and sections 50(1A) and 53(2A) were inserted by section 102 of, and Schedule 11 to, the 2012 Act.

(8)

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

(9)

Section 8(2A) of the 1979 Act was inserted by section 102 of, and Schedule 11 to, the 2012 Act.

(10)

Section 52(2) of the 1991 Act was substituted by section 25 of the 2000 Act and was amended by section 102 of, and Schedule 11 to, the 2012 Act.

(11)

Section 30(2A) of the 1997 Act was inserted by section 102 of, and Schedule 11 to, the 2012 Act.

(12)

Section 80(1) of the 1998 Act was amended by S.I. 2008/2833 any by section 102 of, and Schedule 11 to, the 2012 Act.

(13)

Section 53(3) of the 2008 Act was amended by section 102 of, and Schedule 11 to, the 2012 Act.

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