The Social Security Amendment (Carer’s Allowance) Regulations 2002
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by the enactments set out in Column 1 of Schedule 1 to these Regulations as amended by the provisions set out in Column 2 of that Schedule and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to itM1 and after consultation, in so far as they relate to council tax benefit and housing benefit, with organisations appearing to him to be representative of the authorities concernedM2, hereby makes the following Regulations:
Citation and commencement1.
These Regulations may be cited as the Social Security Amendment (Carer’s Allowance) Regulations 2002 and shall come into force—
(a)
except for the purposes of regulation 3, on 28th October 2002; and
(b)
for the purposes of regulation 3, on 1st April 2003.
Amendment of the Social Security (Invalid Care Allowance) Regulations 19762.
(1)
The following provisions of the Social Security (Invalid Care Allowance) Regulations 1976 M3 are hereby revoked—
(a)
regulation 10 (circumstances in which a person over the age of 65 is to be treated as having been entitled to invalid care allowance immediately before attaining that age); and
(b)
regulation 11 (invalid care allowance for persons over the age of 65).
(2)
In regulation 10A(c) of those Regulations (women aged 65 before 28th October 1994) the words “and (5)” shall be omitted.
Amendments consequential upon change of name of benefit3.
Schedule 2 to these Regulations (which substitutes references to carer’s allowance and makes related provision for references to invalid care allowance) shall have effect.
Signed by authority of the Secretary of State for Work and Pensions.
SCHEDULE 1Enactments conferring powers exercised in making these Regulations
Column 1 | Column 2 |
|---|---|
Enactment conferring power | Relevant amending provision |
The Child Support Act 1991 M4 | |
Paragraph 4(1)(b) and (c) and (2) of Schedule 1 | Part 1 of Schedule 1 was substituted by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 2000 M5 |
The Social Security Contributions and Benefits Act 1992 M6 | |
Section 22(5) | Amended by paragraph 22 of Schedule 2 to the Jobseekers Act 1995 M7 |
Section 70 | Amended by articles 2 and 3 of the Regulatory Reform (Carer’s Allowance) Order 2002 M8 |
Section 79(2) | |
Section 90 | Amended by section 70 of, and paragraph 26 of Schedule 8 to, the Welfare Reform and Pensions Act 1999 M9 |
Section 113 | Amended by paragraph 66 of Schedule 7 to the Social Security Act 1998 M10 |
Section 124(1)(e) | Subsection (1)(e) was inserted by pararaph 30 of Schedule 2 to the Jobseekers Act 1995 |
Section 135(1) | |
Section 136(3) and (5)(b) | |
Section 138(2) and (4) | |
Section 175(1) and (4) | Amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 M11 |
Paragraph 2(8) of Schedule 3 | Paragraph 2(8) was added by section 62(4) of the Welfare Reform and Pensions Act 1999 |
The Social Security Administration Act 1992 M12 | |
Section 2A | Section 2A was inserted by section 57 of the Welfare Reform and Pensions Act 1999 |
Section 5(1) | |
Section 7A | Section 7A was inserted by section 71 of the Welfare Reform and Pensions Act 1999 |
Section 73 | Amended by paragraph 49 of Schedule 2 to the Jobseekers Act 1995 |
Section 78(2) | |
Section 107(1) | |
Section 189(1), (4) and (5) | Amended by paragraph 109 of Schedule 7 to the Social Security Act 1998, by paragraph 57(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 and by Schedule 6 to the Tax Credits Act 2002 M13 |
The Social Security (Consequential Provisions) Act 1992 M14 | |
Section 5 | |
Paragraph 12 of Schedule 3 | |
The Jobseekers Act 1995 | |
Section 26(1) | |
Section 40 | |
The Child Support Act 1995 M15 | |
Section 10 | |
Section 26(1) and (3) | |
The Welfare Reform and Pensions Act 1999 | |
Section 72 | |
Section 83(1), (4) and (8) | |
The Immigration and Asylum Act 1999 M16 | |
Section 115(3), (4) and (5) |
SCHEDULE 2Substitution of references to invalid care allowance and related provision
1.
In the provisions mentioned in paragraph 2 below, for the words “invalid care allowance” wherever they occur, there shall be substituted the words “
carer’s allowance
”
, preceded, where appropriate, by “a” instead of “an”.
2.
The provisions referred to in paragraph 1 are—
The Social Security Benefit (Persons Abroad) Regulations 1975 M17 | Regulation 10B |
The Social Security (Credits) Regulations 1975 M18 | Regulation 7A |
The Social Security (Invalid Care Allowance) Regulations 1976 M19 | Regulations 2A, 3, 6, 7, 8, 9, 10A, 11A and 14, and Schedule 1 |
The Social Security Benefit (Dependency) Regulations 1977 M20 | Regulations 1 and 12, and Parts I and II of Schedule 2 |
The Social Security (Overlapping Benefits) Regulations 1979 M21 | Regulations 4 and 12, and Schedule 1 |
The Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 M22 | Regulation 17 |
The Income Support (General) Regulations 1987 M23 | Regulation 57, Schedule 1B, Parts III and IV of Schedule 2, and Schedule 8 |
The Social Security (Claims and Payments) Regulations 1987 M24 | Regulations 2 and 4A and Part I of Schedule 1, and Schedule 6 |
|
|
The Social Fund (Recovery by Deductions from Benefits) Regulations 1988 M26 | Regulation 3 |
The Income Support (Liable Relatives) Regulations 1990 M27 | Regulation 2 |
|
|
The Social Security (Incapacity Benefit) Regulations 1994 M29 | Regulation 2B |
The Social Security (Back to Work Bonus) (No. 2) Regulations 1996 M30 | Regulation 4 |
The Social Security (Invalid Care Allowance) Amendment Regulations 1996 M31 | Regulation 3 |
The Social Security (Child Maintenance Bonus) Regulations 1996 M32 | Regulation 4 |
The Social Security (Claims and Information) Regulations 1999 M33 | Regulations 4 and 17 |
The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 M34 | Regulations 2 and 12, and Part II of the Schedule |
The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 M35 | Regulation 4 |
The Social Security (Jobcentre Plus Interviews) Regulations 2002 M36 | Regulations 2, 4 and 12 |
3.
In—
(a)
Regulations 6 and 19 of the Social Security (Claims and Payments) Regulations 1987 M37; and
(b)
Regulation 3 of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 M38,
after the words “invalid care allowance” wherever they occur, there shall be added “
or carer’s allowance, as the case may be,
”
.
(This note is not part of the Regulations)
These Regulations amend the Social Security (Invalid Care Allowance) Regulations 1976 (S.I. 1976/409) and other Regulations as a consequence of changes made to section 70 of the Social Security Contributions and Benefits Act 1992 by the Regulatory Reform (Carer’s Allowance) Order 2002 (S.I. 2002/1457).
Regulation 2 revokes regulations 10 and 11 of the Social Security (Invalid Care Allowance) Regulations 1976. These regulations are revoked as the powers under which they are made, namely section 70(5) and (6) of the Social Security Contributions and Benefits Act 1992, are repealed by article 3(2) of the Regulatory Reform (Carer’s Allowance) Order 2002.
Regulation 3 brings into force Schedule 2 to these Regulations which makes changes to secondary legislation, as a consequence of the change of the name of the allowance from invalid care allowance to carer’s allowance.
These Regulations do not impose any charge on business.