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The Social Security (Habitual Residence) (Amendment) Regulations 2012

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Statutory Instruments

2012 No. 2587

Social Security

The Social Security (Habitual Residence) (Amendment) Regulations 2012

Made

11th October 2012

Laid before Parliament

17th October 2012

Coming into force

8th November 2012

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(a), (d) and (e), 131(3)(b), 135(1) and (2), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992(1), sections 4(5) and (12), 35(1) and 36(2) and (4) of the Jobseekers Act 1995(2), sections 1(5)(a) and 17(1) of the State Pension Credit Act 2002(3) and sections 4(3), 24, 25(2), (3) and (5) of the Welfare Reform Act 2007(4).

He has consulted with such organisations which appear to him to be representative of the authorities concerned with these Regulations in so far as they relate to housing benefit and council tax benefit(5).

The Social Security Advisory Committee has agreed that the proposals to make these Regulations should not be referred to it(6).

(1)

1992 c.4; sections 123 and 131 were amended, with respect to council tax benefit, by Schedule 9 to the Local Government Finance Act 1992 (c.14), paragraphs 1(1) and 4. Section 137(1) is cited because of the meaning given to the word “prescribed”. Section 175(1), (3) and (4) is applied to provisions of the State Pension Credit Act 2002 (c.16) by section 19(1) of that Act.

(2)

1995 c.18; section 35(1) is cited because of the meaning given to the words “applicable amount”, “prescribed” and “regulations”.

(3)

2002 c.16; section 17(1) is cited because of the meaning given to the word “regulations”.

(4)

2007 c.5; section 24 is cited because of the meaning given to the word “regulations”.

(5)

See section 176(1) of the Social Security Administration Act 1992 (c.5) which was amended by paragraph 23 of Schedule 9 to the Local Government Finance Act 1992.

(6)

See sections 170, 172 and 173(1)(b) of the Social Security Administration Act 1992; paragraph 67 of Schedule 2 to the Jobseekers Act 1995, paragraph 20 of Schedule 2 to the State Pension Credit Act 2002 and paragraph 10 of Schedule 3 to the Welfare Reform Act 2007 added those Acts respectively to the list of “the relevant enactments” in respect of which regulations must normally be referred to the Committee.

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