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The Employment and Support Allowance (Consequential Provisions) Regulations 2008

S.I. 2008/1082 · Made 14 April 2008

Up to date with all changes known to legislation.gov.uk, revised to 27 October 2008.

Social Security

Made 14th April 2008

Laid before Parliament 18th April 2008

Coming into force 27th October 2008

The Secretary of State makes the following Regulations in exercise of the powers conferred on him by sections 130(2) to (4), 135(1), 136(3), 137(1) and (2)(d) and (i) and 175(1), (2), (3) and (4) of the Social Security Contributions and Benefits Act 1992 M1, sections 5(1)(a), (i) and (p), 6(1)(a) and (k), 75(4) 189(1), (3) and (4) to (6) and 191 of the Social Security Administration Act 1992 M2, sections 34(1), 79(1), (3), (4) and (6) and 84 of the Social Security Act 1998 M3, paragraphs 4(6), 20(1)(b) and (3) and 23(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 M4 and sections 32(1) and 34(6) of the Welfare Reform Act 2007 M5.

These Regulations are made in consequence of the Welfare Reform Act 2007 and are made within six months beginning with the coming into force of those provisions M6.

In accordance with section 176(1) M7 of the Social Security Administration Act 1992 the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.

Annotations to the whole text

Marginal citations

M1

1992 c. 4. Section 137(1) is cited for the meaning given to “prescribed”.

M2

1992 c. 5. Section 5(1) was amended by section 74 of, and paragraph 79(1)(a) of Schedule 7 and Schedule 8 to, the Social Security Act 1998 (c. 14) and paragraph 21(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 (c. 19). Section 6(1) was amended by paragraph 12 of Schedule 9 to the Local Government Finance Act 1992 (c. 14) and Schedule 8 to the Social Security Act 1998, paragraph 21(2) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000. Section 191 is cited for the meaning given to “prescribed”.

M3

1998 c. 14. Section 84 is cited for the meaning given to “prescribed”.

M4

2000 c. 19. Paragraph 23(1) of Schedule 7 is cited for the meaning given to “prescribed”.

M5

2007 c. 5. Section 34 is cited for the meaning given to “prescribed”.

M6

See section 173(5) of the Social Security Administration Act 1992. The requirement to refer Regulations to the Social Security Advisory Committee does not apply where Regulations are contained in a statutory instrument made before the end of the period of six months beginning with the coming into force of the enactment under which the regulations were made.

M7

Section 176(1) was amended by paragraph 23 of Schedule 9 to the Local Government Finance Act 1992, paragraph 3(4) of Schedule 13 to the Housing Act 1996 (c. 52) and section 69(6) of the Child Support, Pensions and Social Security Act 2000.

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. Part 2: Common provisions
  4. 2Amendment of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006
  5. 3Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
  6. Part 3: The Housing Benefit Regulations 2006
  7. 4General
  8. 5Amendment of regulation 2
  9. 6Amendment of regulation 5
  10. 7Amendment of regulation 6
  11. 7AAmendment of regulation 7
  12. 8Amendment of regulation 10
  13. 9Amendment of regulation 11
  14. 10Amendment of regulation 19
  15. 11Amendment of regulation 22
  16. 12Amendment of regulation 23
  17. 13Amendment of regulation 26
  18. 14Amendment of regulation 28
  19. 15Amendment of regulation 40
  20. 16Amendment of regulation 50
  21. 17Amendment of regulation 56
  22. 18Amendment of regulation 74
  23. 19Amendment of regulation 83
  24. 20Amendment of regulation 88
  25. 21Amendment of regulation 95
  26. 22Amendment of regulation 105
  27. 23Amendment of Schedule 3
  28. 24Amendment of Schedule 4
  29. 25Amendment of Schedule 5
  30. 26Amendment of Schedule 6
  31. 27Amendment of Schedule 9
  32. Part 4: The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  33. 28General
  34. 29Amendment of regulation 2
  35. 30Amendment of regulation 5
  36. 31Amendment of regulation 6
  37. 32Amendment of regulation 19
  38. 33Amendment of regulation 29
  39. 34Amendment of regulation 31
  40. 35Amendment of regulation 48
  41. 36Amendment of regulation 54
  42. 37Amendment of regulation 55
  43. 38Amendment of regulation 64
  44. 39Amendment of regulation 86
  45. 40Amendment of Schedule 4
  46. 41Amendment of Schedule 6
  47. Part 5: Council Tax Benefit Regulations 2006
  48. 42General
  49. 43Amendment of regulation 2
  50. 44Amendment of regulation 5
  51. 45Amendment of regulation 6
  52. 46Amendment of regulation 7
  53. 47Amendment of regulation 9
  54. 48Amendment of regulation 12
  55. 49Amendment of regulation 13
  56. 50Amendment of regulation 16
  57. 51Amendment of regulation 18
  58. 52Amendment of regulation 30
  59. 53Amendment of regulation 40
  60. 54Amendment of regulation 45
  61. 55Amendment of regulation 58
  62. 56Amendment of regulation 69
  63. 57Amendment of regulation 74
  64. 58Amendment of regulation 90
  65. 59Amendment of Schedule 1
  66. 60Amendment of Schedule 2
  67. 61Amendment of Schedule 3
  68. 62Amendment of Schedule 4
  69. 63Amendment of Schedule 5
  70. 64Amendment of Schedule 8
  71. Part 6: The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  72. 65General
  73. 66Amendment of regulation 2
  74. 67Amendment of regulation 5
  75. 68Amendment of regulation 6
  76. 69Amendment of regulation 9
  77. 70Amendment of regulation 19
  78. 71Amendment of regulation 21
  79. 72Amendment of regulation 38
  80. 73Amendment to regulation 42
  81. 74Amendment of regulation 45
  82. 75Amendment of regulation 53
  83. 76Amendment of regulation 59
  84. 77Amendment of regulation 75
  85. 78Amendment of Schedule 2
  86. 79Amendment of Schedule 4
  87. 80Amendment of Schedule 6
  88. 81Amendment of Schedule 7
  89. Signature
  90. Explanatory note