The Social Fund Cold Weather Payments (General) Amendment (No. 2) Regulations 2010

Statutory Instruments

2010 No. 2591

Social Security

The Social Fund Cold Weather Payments (General) Amendment (No. 2) Regulations 2010

Made

21st October 2010

Laid before Parliament

25th October 2010

Coming into force

1st November 2010

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred upon him by sections 138(2) and (4) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992(1).

The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it(2).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment (No. 2) Regulations 2010.

(2) They come into force on 1st November 2010 (immediately after the coming into force of the Social Fund Cold Weather Payments (General) Amendment Regulations 2010(3)).

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

Prescribed amount of cold weather payment

2.  In regulation 3 (prescribed amount)(5) of the principal Regulations, for “£8.50” substitute “£25”.

Minor amendment and revocations

3.—(1) In regulation 1A(4) (prescribed description of persons)(6) of the principal Regulations, for “with” substitute “within”.

(2) The following provisions are revoked—

(a) regulation 2 (amendment of regulation 3 of the principal Regulations) of the Social Fund Cold Weather Payments (General) Amendment Regulations 1995(7);

(b) regulation 3 (modification of the principal Regulations in respect of the 2008–09 winter) of the Social Fund Cold Weather Payments (General) Amendment Regulations 2008(8); and

(c) regulation 3 (modification of the principal Regulations in respect of the 2009–10 winter) of the Social Fund Cold Weather Payments (General) Amendment Regulations 2009(9).

Signed by authority of the Secretary of State for Work and Pensions.

Steve Webb

Minister of State

Department for Work and Pensions

21st October 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend regulation 3 of the Social Fund Cold Weather Payments (General) Regulations 1988 so that the amount of a cold weather payment will be £25 instead of £8.50.

They also correct a minor error in regulation 1A of the 1988 Regulations and revoke spent provisions in—

• the Social Fund Cold Weather Payments (General) Amendment Regulations 1995 (which set the cold weather payment at £8.50), and

• the Social Fund Cold Weather Payments (General) Amendment Regulations 2008 and 2009 (which allowed for cold weather payments of £25 to be made in the 2008-09 and 2009-10 winters respectively).

A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.

(1)

1992 c.4; section 138(4) is an interpretation provision and is cited because of the meaning given to the word “prescribed”. Amendments not relevant to these Regulations have been made to section 175(1) and (4).

(2)

See sections 170, 172 and 173(1)(b) of the Social Security Administration Act 1992 (c.5). Amendments not relevant to these Regulations have been made to section 170.

(3)

S.I. 2010/2442.

(4)

S.I. 1988/1724.

(5)

Relevant amending instruments are S.I. 1991/2238 and 1995/2620.

(6)

The relevant amending instrument is S.I. 2010/2442.

(7)

S.I. 1995/2620.

(8)

S.I. 2008/2569.

(9)

S.I. 2009/2649.