2012 No. 3090 (C. 123)
Social Security

The Welfare Reform Act 2012 (Commencement No.6 and Savings Provisions) Order 2012

Made
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) and (c) of the Welfare Reform Act 20121.

Citation and interpretation1.

(1)

This Order may be cited as the Welfare Reform Act 2012 (Commencement No.6 and Savings Provisions) Order 2012.

(2)

In this Order—

“the 1998 Act” means the Social Security Act 19982;

“the Act” means the Welfare Reform Act 2012;

“the Administration Act” means the Social Security Administration Act 19923; and
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 19924;

“budgeting loan” means a budgeting loan under section 138(1)(b) of the Contributions and Benefits Act;

“community care grant” means a community care grant under section 138(1)(b) of the Contributions and Benefits Act;

“crisis loan” means a crisis loan under section 138(1)(b) of the Contributions and Benefits Act.

Appointed days2.

(1)

Subject to article 3, 1st April 2013 is the day appointed for the coming into force of the following provisions of the Act—

(a)

section 70(1) and (3) to (10) (ending of discretionary payments);

(b)

section 73 (external provider social loans and community care grants);

(c)

paragraphs 1 to 3 of Schedule 8 (social fund discretionary payments: consequential amendments);

(d)

in Part 8 of Schedule 14 (social fund: ending of discretionary payments: repeals) the repeals relating to—

(i)

sections 1385, 1396 and 1407 of the Contributions and Benefits Act;

(ii)

sections 12 and 1688 of the Administration Act;

(iii)

sections 8(1)(b)9, 9(1), 10(1)10, 36 and 3811 of the 1998 Act.

(2)

1st August 2013 is the day appointed for the coming into force of the following provisions of the Act—

(a)

section 70(2) (abolition of the social fund Commissioner);

(b)

paragraph 4 of Schedule 8;

(c)

in Part 8 of Schedule 14 the repeals relating to—

(i)

Schedule 2 to the Parliamentary Commissioner Act 196712;

(ii)

Schedule 1 to the Superannuation Act 197213;

(iii)

Part 3 of Schedule 1 to the House of Commons Disqualification Act 197514;

(iv)

Part 1 of Schedule 4 to the Administration Act15;

(v)

section 37 of the 1998 Act16;

(vi)

Part 6 of Schedule 1 to the Freedom of Information Act 200017.

Savings provisions3.

(1)

Notwithstanding any repeal made by section 70(1) of the Act, or Part 8 of Schedule 14 to the Act, and except as provided in paragraph (3), the provisions listed in paragraph (2) continue to have effect on and after 1st April 2013 in so far as they relate to—

(a)

budgeting loans;

(b)

community care grants and crisis loans in cases where the application for the community care grant or crisis loan was made before 1st April 2013.

(2)

The provisions are—

(a)

the following provisions of the Contributions and Benefits Act—

(i)

in section 138(1), paragraph (b)18 and the “and” preceding it;

(ii)

section 138(3) and (5)19;

(iii)

sections 139 and 140;

(b)

sections 12 and 168 of the Administration Act20;

(c)

the following provisions of the 1998 Act21—

(i)

section 8(1)(b);

(ii)

in section 9(1), the words “Subject to section 36(3) below”;

(iii)

in section 10(1), the words “and section 36(3)”;

(iv)

section 36;

(v)

section 38;

(d)

the Social Fund (Applications and Miscellaneous Provisions) Regulations 200822;

(e)

the Social Fund (Application for Review) Regulations 198823.

(3)

The provisions listed in paragraph (4) of this article—

(a)

continue to have effect on and after 1st April 2013 in relation to budgeting loans, community care grants or crisis loans only in relation to cases where the application for a budgeting loan, community care grant or crisis loan was made before 1st April 2013; and

(b)

cease to have effect (whether in relation to budgeting loans, community care grants or crisis loans) after the end of 31st July 2013.

(4)

The provisions are—

(a)

section 38(3) to (5) of the 1998 Act, and section 38(6) to (13)24 in so far as relevant to review by a social fund inspector under section 38(3) or (5) of that Act;

(b)

regulation 2(1)(b) of the Social Fund (Application for Review) Regulations 1988, and the remainder of regulation 2 in so far as applying to review by a social fund inspector under regulation 2(1)(b) of those Regulations.

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

Steve Webb
Minister of State,
Department for Work and Pensions
EXPLANATORY NOTE
(This note is not part of the Order)

This is the sixth Commencement Order made under the Welfare Reform Act 2012 (“the Act”).

Article 2 brings into force various provisions of the Act which amend or repeal provisions of existing legislation relating to the social fund and the office of the social fund Commissioner.

The following provisions are brought into force on 1st April 2013, subject to savings provisions in article 3:

  • section 70(1), and (3) to (10), which provide for the ending of budgeting loans, community care grants and crisis loans;

  • section 73, which repeals sections 16 to 21 of the Welfare Reform Act 200925 (provisions relating to external provider social loans and community care grants), which were never brought into force;

  • amendments and repeals in Schedule 8 and Part 8 of Schedule 14 insofar as consequential upon these changes;

  • The following provisions are brought into force on 1st August 2013:

  • section 70(2), which abolishes the office of the social fund Commissioner;

  • amendments and repeals in Schedule 8 and Part 8 of Schedule 14 insofar as consequential upon this change.

The repeals commenced on 1st April 2013 by article 2(1) are subject to savings provisions in article 3. These ensure that:

  • applications for budgeting loans can continue on and after 1st April 2013;

  • applications for community care grants and crisis loans made before 1st April 2013 can continue to be determined after that date;

  • the process by which such decisions can be reviewed by an appropriate officer will also continue;

  • the process by which such decisions can be subject to a further review by a social fund inspector will continue in relation to budgeting loans, community care grants and crisis loans if the application was made before 1st April 2013, and will cease altogether (whether in relation to budgeting loans, community care grants or crisis loans) when the office of the social fund Commissioner ceases to exist on 1st August 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.

NOTE AS TO EARLIER COMMENCEMENT ORDERS
(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 69 (for the purpose only of exercising any power to make regulations)

27th November 2012

2012/2946

Section 69 (in so far as not already in force)

1st January 2013

2012/2946

Section 96 (for the purpose only of exercising any power to make regulations)

27th November 2012

2012/2946

Section 96 (so far as not already in force)

15th April 2013

2012/2946

Section 97(1) to (4)

27th November 2012

2012/2946

Section 97(5) and (6)

15th April 2013

2012/2946

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 12526

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