Statutory Instruments
Social Security
Made
26th January 2012
Coming into force
1st March 2012
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 123(1)(d) and (e), 136(3) and (5)(a) and (b), 137(1) and 175(3) and (4) of the Social Security Contributions and Benefits Act 1992(1), sections 6(4), 7(4), 12(1) and (4)(a) and (b), 17A(1), (2), (5)(a), (b), (d) and (f) and (6) to (9), 20B(4), (5) and (6), 29, 35(1) and 36(2) and (4) of the Jobseekers Act 1995(2) and sections 30 and 146(1) and (2) of the Housing Grants, Construction and Regeneration Act 1996(3).
These Regulations are made with the consent of the Treasury, in so far as regulation 4 is made by virtue of the powers conferred by section 30 (means testing in case of application by owner-occupier or tenant) of the Housing Grants, Construction and Regeneration Act 1996.
In respect of the provision in these Regulations that relates to housing benefit and council tax benefit, organisations appearing to the Secretary of State to be representative of the authorities concerned have agreed that consultations need not be undertaken.
In accordance with section 173(1)(b) of the Social Security Administration Act 1992(4), the Secretary of State has obtained the agreement of the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to them.
A draft of this instrument was laid before Parliament in accordance with section 37(2) of the Jobseeker’s Act 1995 and approved by a resolution of each House of Parliament.
1992 c. 4. Section 123(1) was amended by section 103 of, and Schedule 9 to, the Local Government Finance Act 1992 (c. 14), by section 60 of, and Schedule 6 to, the Tax Credits Act 2002 (c. 21); section 137(1) is an interpretation provision and is cited because of the meaning given to the word “prescribed”; section 175(4) was amended by section 2 of, and paragraph 29(1) and (4) of Schedule 3 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).
1995 c.18; section 17A was inserted by section 1 of the Welfare Reform Act 2009; section 35(1) is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”; the definitions of “prescribed” and “regulations” were amended by section 2 of, and paragraph 62 of Schedule 3 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999.
1996 c. 53 (“the 1996 Act”). Section 30 was amended by S.I. 2002/1860 and by section 81 of, and Schedule 8 to, the Civil Partnership Act 2004 (c. 33); the functions of the Secretary of State and the Treasury, so far as exercisable in relation to Wales were transferred to the National Assembly for Wales, by the National Assembly for Wales (Transfer of Functions) Order 1999, SI 1999/672, art 2, Schedule 1; section 146 was amended by the Local Democracy, Economic Development and Construction Act 2009 (c. 20), and so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, SI 1999/672, art 2, Schedule 1.