The Welfare Reform (2007 Act) (Commencement No. 6 and Transitional and Savings Provisions) Order (Northern Ireland) 2008

Made7th August 2008

The Department for Social Development makes the following Order in exercise of the powers conferred by sections 59 and 60(1) of the Welfare Reform Act (Northern Ireland) 20071.

Citation and interpretation1

1

This Order may be cited as the Welfare Reform (2007 Act) (Commencement No. 6 and Transitional and Savings Provisions) Order (Northern Ireland) 2008.

2

In this Order any reference to a numbered section or Schedule is to the section of, or Schedule to, the Welfare Reform Act (Northern Ireland) 2007 bearing that number.

Appointed days2

1

The day appointed for the coming into operation of section 39 (information relating to certain benefits) for the purpose only of authorising the making of orders or regulations, is 8th August 2008.

2

The day appointed for the coming into operation of—

a

section 39 in so far as not already in operation;

b

section 40 (unlawful disclosure of certain information); and

c

in Schedule 8 the repeal of Articles 6 and 7 of the Housing Support Services (Northern Ireland) Order 20022 and section 58 in so far as it relates to those repeals,

is 1st September 2008.

3

The day appointed for the coming into operation of—

a

sections 46 and 47 (widowed mother’s allowance and widowed parent’s allowance); and

b

in Schedule 8 the repeal of paragraphs 38 and 40 of Schedule 3 to the Tax Credits Act 20023 and section 58 in so far as it relates to those repeals,

is 7th October 2008.

Transitional and savings provisions3

1

The following provisions of the Housing Support Services (Northern Ireland) Order 2002 continue to have effect after 31st August 2008 in relation to information supplied on or before that date by virtue of Article 6 of that Order—

a

Article 6(3) and (4) (which permits the onward supply of information received by virtue of Article 6(2) to a person providing housing support services); and

b

Article 7 (under which a person is guilty of an offence if he makes an unauthorised disclosure of information).

2

Paragraph (1) applies notwithstanding Article 2(2) (which brings the repeal of Articles 6 and 7 into operation on 1st September 2008).

3

In cases to which Article 2(2) of the Tax Credits Act 2002 (Transitional Provisions and Savings) Order (Northern Ireland) 20034 applies, sections 37 and 39A of the Contributions and Benefits Act5 (widowed mother’s allowance and widowed parent’s allowance) (as they continue to apply by virtue of Article 3 of that Order) have effect as if the amendments specified in sections 46 and 47 had not come into operation.

Sealed with the Official Seal of the Department for Social Development on 7th August 2008

(L.S.)John O’NeillA senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Order)

Article 2 of this Order provides for the coming into operation of the following provisions of the Welfare Reform Act (Northern Ireland) 2007—

section 39 (information relating to certain benefits), for the purpose only of authorising the making of orders or regulations, on 8th August 2008 and for all other purposes, together with consequential repeals, on 1st September 2008;
section 40 (unlawful disclosure of certain information), on 1st September 2008; and
sections 46 and 47 (widowed mother’s allowance and widowed parent’s allowance) and consequential repeals, on 7th October 2008.

Article 3 makes transitional and savings provisions—

to provide that where persons have been supplied with information pursuant to Article 6 of the Housing Support Services (Northern Ireland) Order 2002—
- under Article 6(3) and (4) of that Order they will continue to be permitted to supply that information to persons providing housing support services; and
- under Article 7 of that Order it will remain an offence for them, in certain circumstances, to disclose that information without lawful authority (paragraphs (1) and (2)); and
for the continuing application of sections 37 and 39A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 relating to entitlement to widowed mother’s allowance and widowed parent’s allowance for certain cases (paragraph (3)).

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Welfare Reform Act (Northern Ireland) 2007 have been brought into operation by earlier commencement orders as from the dates shown.

Provision	Date of Commencement	S.R. No.
Sections 1 to 5 (partially)	1st July 2008 and 27th October 2008	2008 No. 276 (C. 14)
Sections 6 and 7	27th October 2008	2008 No. 276 (C. 14)
Sections 8 and 9 (partially)	1st July 2008 and 27th October 2008	2008 No. 276 (C. 14)
Section 10	27th October 2008	2008 No. 276 (C. 14)
Sections 11, 12, 14 and 16 to 18 (partially)	1st July 2008 and 27th October 2008	2008 No. 276 (C. 14)
Section 19	27th October 2008	2008 No. 276 (C. 14)
Section 20 (partially)	1st July 2008 and 27th October 2008	2008 No. 276 (C. 14)
Section 21	27th October 2008	2008 No. 276 (C. 14)
Sections 22 to 26 (partially)	1st July 2008, 27th July 2008 and 27th October 2008	2008 No. 276 (C. 14)
Section 27	27th October 2008	2008 No. 276 (C. 14)
Sections 28 and 29 (partially)	1st July 2008, 27th July 2008 and 27th October 2008	2008 No. 276 (C. 14)
Section 30 (partially)	10th March 2008 and 7th April 2008	2008 No. 93 (C. 3)
Sections 32 to 34 (partially)	1st July 2008 and 6th October 2008	2008 No. 276 (C. 14)
Section 36	1st April 2008	2008 No. 147 (C. 7)
Section 37 (partially)	1st April 2008	2008 No. 147 (C. 7)
Section 38(1)	8th October 2007	2007 No. 429 (C. 27)
Section 45	1st April 2008	2008 No. 147 (C. 7)
Sections 48 and 49	8th October 2007	2007 No. 429 (C. 27)
Section 52 (partially)	19th July 2007 and 10th August 2007	2007 No. 335 (C. 23)
Section 54 (partially)	8th October 2007 and 29th October 2007	2007 No. 429 (C. 27)
Section 56 (partially)	8th October 2007	2007 No. 429 (C. 27)
	7th April 2008	2008 No. 93 (C. 3)
Section 58 (partially)	8th October 2007	2007 No. 429 (C. 27)
	7th April 2008	2008 No. 93 (C. 3)
	27th October 2008	2008 No. 276 (C. 14)
Schedules 1 and 2 (partially)	1st July 2008 and 27th October 2008	2008 No. 276 (C. 14)
Schedule 3 (partially)	1st July 2008, 27th July 2008 and 27th October 2008	2008 No. 276 (C. 14)
Schedule 4 (partially)	1st July 2008 and 27th July 2008	2008 No. 276 (C. 14)
Schedule 5 (partially)	1st April 2008	2008 No. 147 (C. 7)
Schedule 6 (partially)	19th July 2007 and 10th August 2007	2007 No. 335 (C. 23)
Schedule 7 (partially)	8th October 2007	2007 No. 429 (C. 27)
	27th October 2008	2008 No. 276 (C. 14)
Schedule 8 (partially)	8th October 2007	2007 No. 429 (C. 27)
	7th April 2008	2008 No. 93 (C. 3)
	27th October 2008	2008 No. 276 (C. 14)