Statutory Instruments
Social Security
Made
24th November 2012
The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by section 150(3) and (4)(a) of the Welfare Reform Act 2012(1).
1.—(1) This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 5) Order 2012.
(2) In this Order “the Act” means the Welfare Reform Act 2012.
2.—(1) Section 69 of the Act (housing benefit: determination of appropriate maximum) comes into force—
(a)for the purpose only of exercising any power to make regulations, on 27th November 2012;
(b)for all other purposes on 1st January 2013.
(2) Section 96 (benefit cap) of the Act comes into force—
(a)for the purpose only of exercising any power to make regulations, on 27th November 2012;
(b)for all other purposes on 15th April 2013.
(3) Section 97(1) to (4) of the Act (benefit cap: supplementary) comes into force on 27th November 2012.
(4) Section 97(5) and (6) of the Act comes into force on 15th April 2013.
Signed by authority of the Secretary of State for Work and Pensions.
Freud
Parliamentary Under Secretary of State
Department for Work and Pensions
24th November 2012
(This note is not part of the Order)
This is the fifth Commencement Order made under the Welfare Reform Act 2012 (“the Act”).
Article 2(1) brings into force section 69 of the Act which amends sections 130A (appropriate maximum housing benefit) and 176(1) (parliamentary control) of the Social Security Contributions and Benefits Act 1992 (c. 4) for the purpose only of making regulations on 27th November 2012 and on 1st January 2013 for all other purposes.
Article 2(2) brings into force section 96 of the Act which introduces the benefit cap, on 27th November 2012 for the purpose only of making regulations and for all other purposes on 15th April 2013.
Article 2(3) and (4) bring into force section 97 of the Act which makes supplementary provision relating to the benefit cap. Paragraph (3) brings into force subsections (1) to (4) of that section on 27th November 2012 and paragraph (4) brings into force on subsections (4) and (5), which respectively make amendments to the Social Security Administration Act 1992 (c.5) and the Social Security Act 1998 (c.12) on 15th April 2013.
A full impact assessment has not been produced for this instrument as it has no impact on the private sector or civil society organisations.
(This note is not part of the Order)
The following provisions of the Act have been or will be brought into force by commencement order made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 44(5) | 10th June 2012 | 2012/1246 |
| Section 45 | 8th October 2012 | 2012/2530 |
| Section 46(1) and (3) (for the purpose only of exercising any power to make regulations) | 10th June 2012 | 2012/1246 |
| Section 46(1) (in so far as not already in force) | 22nd October 2012 | 2012/2530 |
| Section 46(2) | 10th June 2012 | 2012/1246 |
| Section 46(3) (in so far as not already in force) | 22nd October 2012 | 2012/2530 |
| Section 46(4) | 22nd October 2012 | 2012/2530 |
| Section 47 | 20th March 2012 | 2012/863 |
| Section 48 (partially) | 22nd October 2012 | 2012/2530 |
| Section 51 (for the purpose only of exercising the power to make regulations in subsection (4)) | 20th March 2012 | 2012/863 |
| Section 51 (in so far as not already in force) | 1st May 2012 | 2012/863 |
| Sections 52 and 53 | 1st May 2012 | 2012/863 |
| Section 55 | 3rd December 2012 | 2012/2530 |
| Section 56 | 26th November 2012 | 2012/2530 |
| Section 58(1) and (2) | 20th March 2012 | 2012/863 |
| Section 64 (for the purpose only of exercising any power to make regulations) | 30th October 2012 | 2012/2530 |
| Section 64 (in so far as not already in force) | 5th December 2012 | 2012/2530 |
| Section 65 | 5th December 2012 | 2012/2530 |
| Section 66 (for the purpose only of exercising any power to make regulations) | 30th October 2012 | 2012/2530 |
| Section 67 | 5th December 2012 | 2012/2530 |
| Section 68 | 5th December 2012 | 2012/2530 |
| Section 105(1) (partially and for the purpose of exercising certain powers to make regulations) | 1st July 2012 | 2012/1246 |
| Section 105(1) (partially) | 1st October 2012 | 2012/1246 |
| Section 105(4) | 1st October 2012 | 2012/1246 |
| Section 106 | 1st July 2012 | 2012/1246 |
| Sections 113 to 115 | 8th May 2012 | 2012/863 |
| Section 116(1) (for the purpose only of exercising any power to make regulations) | 10th May 2012 | 2012/1246 |
| Section 116(2) | 10th May 2012 | 2012/1246 |
| Section 116(1) (in so far as not already in force) | 1st October 2012 | 2012/1246 |
| Sections 122, 123 and 125(2) | 6th June 2012 | 2012/1246 |
| Sections 128 and 129 | 20th March 2012 | 2012/863 |
| Section 130 (for the purpose only of exercising any power to make regulations) | 20th March 2012 | 2012/863 |
| Section 130 (in so far as not already in force) | 8th May 2012 | 2012/863 |
| Section 131 (for the purpose only of exercising any power to make regulations) | 20th March 2012 | 2012/863 |
| Section 131 (in so far as not already in force ) | 8th May 2012 | 2012/863 |
| Section 132(8) | 20th March 2012 | 2012/863 |
| Section 132 (in so far as not already in force) | 8th May 2012 | 2012/863 |
| Section 133(1) to (4) | 20th March 2012 | 2012/863 |
| Section 133(6) (with savings) | 2nd July 2012 | 2012/1651 |
| Sections 143 and 144 | 8th May 2012 | 2012/863 |
| Section 146 | 8th May 2012 | 2012/863 |
| Schedule 7 (partially) | 22nd October 2012 | 2012/2530 |
| Part 3 of Schedule 14 (partially) | 22nd October 2012 | 2012/2530 |
| Part 14 of Schedule 14 | 8th May 2012 | 2012/863 |
S.I. 2012/1246 was amended by S.I. 2012/1440 and 2012/2530.