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The Social Security (Credits, and Crediting and Treatment of Contributions) (Consequential and Miscellaneous Amendments) Regulations 2016

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Statutory Instruments

2016 No. 1145

Social Security

The Social Security (Credits, and Crediting and Treatment of Contributions) (Consequential and Miscellaneous Amendments) Regulations 2016

Made

24th November 2016

Laid before Parliament

28th November 2016

Coming into force

1st January 2017

The Secretary of State for Work and Pensions, in exercise of the powers conferred by sections 22(5), 122, and 175(1), (3) and (4) of, and paragraph 8(1)(d) and (1A) of Schedule 1 to, the Social Security Contributions and Benefits Act 1992(1), section 35 of, and paragraph 18 of Schedule 1 to, the Jobseekers Act 1995(2), sections 9(1), 10(3), 79(1), (4), (6) and (7) and 84 of the Social Security Act 1998(3) and section 24 of, and paragraph 11 of Schedule 2 to, the Welfare Reform Act 2007(4), makes the following Regulations.

In accordance with paragraph 8(1A) of Schedule 1 to the Social Security Contributions and Benefits Act 1992, regulation 5 of these Regulations is made with the concurrence of the Commissioners for Her Majesty’s Revenue and Customs(5).

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

(1)

1992 c.4. Section 22(5) was amended by section 41(4) of, and paragraph 22 of Schedule 2 to, the Jobseekers Act 1995 (c.18) and section 28(1) of, and paragraph 9(1) and (3)(b) of Schedule 3 to, the Welfare Reform Act 2007 (c.5). Section 175(1) and (4) was amended by section 2 of, and paragraph 29 of Schedule 3 to, the Social Security Contributions (Transfers of Functions, etc.) Act 1999 (c.2) (“TOFA 1999”). Paragraph 8 of Schedule 1 was amended by paragraph 39 of Schedule 3 to TOFA 1999 and section 81 of, and paragraph 3 of Schedule 11 to, the Welfare Reform and Pensions Act 1999 (c.30). Section 122 is cited as it defines “prescribe”.

(2)

1995 c.18. Paragraph 18 of Schedule 1 was amended for certain purposes by section 147 of, and Part 1 of Schedule 14 to, the Welfare Reform Act 2012 (c.5). Section 35 is cited as it defines “prescribed” and “regulations”.

(3)

1998 c.14. Section 9 was amended by paragraph 1 of Schedule 14 to the Welfare Reform Act 2012 (subject to the savings specified in S.I. 2012/3090). Section 79 was amended by paragraph 13 of Schedule 4 to the Tax Credits Act 2002 (c.21) and S.I. 2008/2833. Section 84 is cited as it defines “prescribe”.

(4)

2007 c.5. Paragraph 11 of Schedule 2 was amended for certain purposes by section 147 of, and Part 1 of Schedule 14 to, the Welfare Reform Act 2012. Section 24 is cited as it defines “prescribed” and “regulations”.

(5)

The functions of the Inland Revenue were transferred to the Commissioners for Her Majesty’s Revenue and Customs by section 5(1) of the Commissioners for Revenue and Customs Act 2005 (c.11). Section 50(1) of that Act provides that, in so far as it is appropriate in consequence of section 5, a reference (howsoever expressed) to the Commissioners of Inland Revenue is to be taken as a reference to the Commissioners for Her Majesty’s Revenue and Customs.

(6)

Section 173(1) of the Social Security Administration Act 1992 (c.5) provides that proposals in respect of regulations which would otherwise be referable to the Social Security Advisory Committee may not be so referred with the agreement of that Committee. These regulations would otherwise be referable by virtue of section 172 of that Act.

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