Loss of benefit provisionsU.K.

11 Loss of benefit regulationsU.K.

(1)In [F1sections 6B to 10]prescribed” means prescribed by or determined in accordance with regulations made by the Secretary of State.

(2)Regulations under any of the provisions of [F2sections 6B to 10] shall be made by statutory instrument which (except in the case of regulations to which subsection (3) applies) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)A statutory instrument containing (whether alone or with other provisions)—

(a)a provision by virtue of which anything is to be treated for the purposes of section[F36B or] 7 as a disqualifying benefit but not a sanctionable benefit,

(b)a provision prescribing the manner in which the applicable amount is to be reduced for the purposes of section[F46B(6),] 7(3) or 9(3),

(c)a provision the making of which is authorised by section[F5[F66B(5A), (7)], (8), (9) or (10),] [F77(2A), (4)] [F8, (4A)][F9, (4B)] or (5), 8(4) or [F109(2A), (4)] [F8, (4A)][F9, (4B)] or (5), or

(d)a provision prescribing the manner in which the amount of joint-claim jobseeker’s allowance is to be reduced for the purposes of section 8(3)(a),

[F11(e)regulations under section 6B(14) or an order under section 6B(15), or]

shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4)Subsections (4) to (6) of section 189 of the Administration Act (supplemental and incidental powers etc.) shall apply in relation to a power to make regulations that is conferred by any of the provisions of [F12sections 6B to 10] as they apply in relation to the powers to make regulations that are conferred by that Act.

(5)The provision that may be made in exercise of the powers to make regulations that are conferred by [F13sections 6B to 10] shall include different provision for different areas.

Textual Amendments

F1Words in s. 11(1) substituted (12.1.2010 for specified purposes, 1.4.2010 in so far as not already in force) by Welfare Reform Act 2009 (c. 24), s. 61(3), Sch. 4 para. 6(2); S.I. 2010/45, art. 2(1)(2)

F2Words in s. 11(2) substituted (12.1.2010 for specified purposes, 1.4.2010 in so far as not already in force) by Welfare Reform Act 2009 (c. 24), s. 61(3), Sch. 4 para. 6(2); S.I. 2010/45, art. 2(1)(2)

F3Words in s. 11(3)(a) inserted (12.1.2010 for specified purposes, 1.4.2010 in so far as not already in force) by Welfare Reform Act 2009 (c. 24), s. 61(3), Sch. 4 para. 6(3)(a); S.I. 2010/45, art. 2(1)(2)

F4Word in s. 11(3)(b) inserted (12.1.2010 for specified purposes, 1.4.2010 in so far as not already in force) by Welfare Reform Act 2009 (c. 24), s. 61(3), Sch. 4 para. 6(3)(b); S.I. 2010/45, art. 2(1)(2)

F5Words in s. 11(3)(c) inserted (12.1.2010 for specified purposes, 1.4.2010 in so far as not already in force) by Welfare Reform Act 2009 (c. 24), s. 61(3), Sch. 4 para. 6(3)(c); S.I. 2010/45, art. 2(1)(2)

F8Words in s. 11(3)(c) inserted (2.7.2002 for the purpose of making regulations, 6.10.2003 in so far as not already in force) by 2002 c. 16, s. 14, Sch. 2, Pt. 3 para. 48; S.I. 2002/1691, art. 2; S.I. 2003/1766, art. 2(a)

F12Words in s. 11(4) substituted (12.1.2010 for specified purposes, 1.4.2010 in so far as not already in force) by Welfare Reform Act 2009 (c. 24), s. 61(3), Sch. 4 para. 6(4); S.I. 2010/45, art. 2(1)(2)

F13Words in s. 11(5) substituted (12.1.2010 for specified purposes, 1.4.2010 in so far as not already in force) by Welfare Reform Act 2009 (c. 24), s. 61(3), Sch. 4 para. 6(4); S.I. 2010/45, art. 2(1)(2)

Commencement Information

I1S. 11 wholly in force at 1.4.2002; s. 11 not in force at Royal Assent see s. 20; s. 11 in force for specified purposes at 17.11.2001 and wholly in force at 1.4.2002 by S.I. 2001/3689, art. 2(1)(a)(b)