1985 No. 1305

SOCIAL SECURITY

The Social Security Benefit (Dependency) Amendment (No. 2) Regulations 1985

Made

Laid before Parliament

Coming into Operation

The Secretary of State for Social Services, in exercise of the powers conferred by sections 84(4) and 166 of, and Schedule 201 to, the Social Security Act 19752 and of all other powers enabling him in that behalf, hereby makes the following regulations, being regulations which could not have been made if the said section 84(4) had not been amended by section 13 of the Social Security Act 1985 and which are made before the expiry of the period of 6 months beginning with the passing of the latter Act:—

Citation and commencement1

These regulations may be cited as the Social Security Benefit (Dependency) Amendment (No. 2) Regulations 1985 and shall come into operation on 16th September 1985.

Amendment of the Social Security Benefit (Dependency) Regulations 19772

1

The Social Security Benefit (Dependency) Regulations 19773 (the “principal regulations”) shall be amended in accordance with the following provisions of this regulation.

2

In regulation 3(1) of the principal regulations after “44(1)(a),” there shall be inserted “44(3)(a),” and after “45(2)(b),” there shall be inserted “45A(2)(b), 47(1)(a),”4

3

For paragraph (5) of regulation 3 of the principal regulations there shall be substituted the following paragraph—

5

In the heading to this regulation and in paragraphs (1) and (2) the word “spouse” includes both husband and wife except in relation to maintenance contributions for the purposes of sections 44(1)(a) and 45(2)(b) where it means wife only, and in relation to maintenance contributions for the purposes of sections 44(3)(a), 45A(2)(b) and 47(1)(a) where it means husband only.

Signed by authority of the Secretary of State for Social Services.

TrumpingtonParliamentary Under-Secretary of StateDepartment of Health and Social Security
EXPLANATORY NOTE

These regulations further amend the Social Security Benefit (Dependency) Regulations 1977 (the “principal regulations”). They are regulations which could not have been made if section 84(4) of the Social Security Act 1975 had not been amended by section 13 of the Social Security Act 1985 and are made before the expiry of the period of 6 months beginning with the passing of the latter Act. Accordingly, by virtue of section 24(1)(b) and (5) of the latter Act they are exempt from the requirements of section 10(1) of the Social Security Act 1980 (reference of regulations to the Social Security Advisory Committee).

The regulations enlarge the list of dependency provisions which are within the scope of regulation 3(1) of the principal regulations (allocation of contributions for spouse or children) by adding references to section 44(3)(a), 45A(2)(b) and 47(1)(a) of the Social Security Act 1975 by which a wife may be entitled to an increase of benefit in respect of a dependent husband. They also substitute a new paragraph (5) in regulation 3 relating to the meaning of the word “spouse” in that regulation.