Part 5

Social security: general

Benefit cap

Benefit cap: supplementary
97
1
Regulations under section 96 may make different provision for different purposes or cases.
2
Regulations under section 96 must be made by statutory instrument.
3
A statutory instrument containing the first regulations under section 96 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
4
A statutory instrument containing other regulations under section 96 is subject to annulment in pursuance of a resolution of either House of Parliament.
5
In section 150 of the Social Security Administration Act 1992 (annual up-rating of benefits) after subsection (7) there is inserted—
7A
The Secretary of State—
a
shall in each tax year review the amount specified under subsection (5) of section 96 of the Welfare Reform Act 2012 (benefit cap) to determine whether its relationship with estimated average earnings (within the meaning of that section) has changed, and
b
after that review may, if the Secretary of State considers it appropriate, include in the draft of an up-rating order provision increasing or decreasing that amount.
6
In Schedule 2 to the Social Security Act 1998 (decisions against which no appeal lies) after paragraph 8 there is inserted—

Reduction on application of benefit cap
8A
A decision to apply the benefit cap in accordance with regulations under section 96 of the Welfare Reform Act 2012.