The Social Fund Cold Weather Payments (General) Amendment Regulations 1988

Statutory Instruments

1988 No. 1908

SOCIAL SECURITY

The Social Fund Cold Weather Payments (General) Amendment Regulations 1988

Made

2nd November 1988

Laid before Parliament

3rd November 1988

Coming into force

7th November 1988

The Secretary of State for Social Security in exercise of the powers conferred by sections 32(2A) and 84(1) of the Social Security Act 1986(1) and section 166(1) to (3A) of the Social Security Act 1975(2) and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals to make the Regulations should not be referred to it(3), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment Regulations 1988 and shall come into force on 7th November 1988.

(2) In these Regulations “the principal Regulations” means the Social Fund Cold Weather Payments (General) Regulations 1988(4).

Amendment of regulation 1 of the principal Regulations

2.  In regulation 1(2) of the principal Regulations (interpretation), for the definition of “period of cold weather” there shall be substituted the following definition—

““period of cold weather” means a period of 7 consecutive days during which the average of the mean daily temperature for that period is equal to or below 0 degrees celsius; and for the purposes of this definition where a day forms part of a period of cold weather it shall not form part of any other such period;”.

Amendment of regulation 2 of the principal Regulations

3.  In regulation 2(1)(c)(ii) of the principal Regulations (prescribed circumstances) for “2” there shall be substituted “5”.

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

Peter Lloyd

Parliamentary Under-Secretary of State,

Department of Social Security

2nd November 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend in two respects the Social Fund Cold Weather Payments (General) Regulations 1988.

The definition of a period of cold weather no longer includes the requirement that the period shall begin on a Monday and end on the following Sunday (regulation 2).

A claimant who otherwise meets the conditions for a payment out of the Social Fund to meet expenses for heating may now receive such a payment if a member of his family is under the age of 5 (regulation 3).

(1)

1986 c. 50; section 32(2A) was added by section 11 of, and paragraph 2 of Schedule 3 to, the Social Security Act 1988 (c. 7). Section 84(1) is cited because of the meaning assigned to the word “prescribed”.

(2)

1975 c. 14; section 166(3A) was added by section 62(1) of the Social Security Act 1986 and section 166(1) to (3A) is applied by section 83(1) of that Act.

(3)

See section 10(2)(b) of the Social Security Act 1980 (c. 30) and 61(1)(b) of the Social Security Act 1986.

(4)

S.I. 1988/1724.