Introductory text

Social Security

Made 5th March 2018

Laid before Parliament 6th March 2018

Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(a), 136(3) and (5)(b), 137(1), 138(1)(a), (2) and (4) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992^f1, sections 5(1)(p), 15A(2), 189(1), (4) and (6) and 191 of the Social Security Administration Act 1992^f2, sections 12(1) and (4)(b), 35(1) and 36(2) of the Jobseekers Act 1995^f3, sections 10(3) and (6), 11(1), 79(1) and (4) and 84 of the Social Security Act 1998^f4, sections 17(1) and (3)(b), 24(1) and 25(2) and (3) of the Welfare Reform Act 2007^f5 and sections 18, 19, 21 and 34 of the Welfare Reform and Work Act 2016^f6.

In accordance with section 173(1)(b) of the Social Security Administration Act 1992, the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.

Annotations

Footnotes

f1: 1992 c. 4. Section 123 was repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 (c. 5) which had effect on 1st April 2013, subject to savings and transitional provisions specified in S.I. 2013/358, to provide for the supersession of benefits by universal credit only in so far as they relate to the abolition of council tax benefit. Sections 137(1) and 138(4) are cited for the meaning of “prescribed”. Amendments have been made to section 137(1) which are not relevant to these Regulations. Section 138(1) was substituted by section 70(1) of the Social Security Act 1998 (c. 14), subject to transitional provisions specified in S.I. 1999/1055. The word “and” at the end of section 138(1)(a) was repealed by Part 8 of Schedule 14 to the Welfare Reform Act 2012 which had effect on 1st April 2012, as specified in S.I. 2012/3090, subject to savings only in so far as they relate to budgeting loans, community care grants and crisis loans. Section 138 was amended by section 23(5) of the Scotland Act 2016 (c. 11) with the effect of devolving the relevant powers to the Scottish Parliament for the purposes of making regulations only, with effect from 17th May 2017. For all other purposes, the powers devolved to the Scottish Parliament by section 23(5) do not come into force until 1st April 2020 as specified in S.I. 2017/455. Section 175(1) was amended by paragraphs 29(1) and (2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).
f2: 1992 c. 5. Section 15A(2) was amended by paragraphs 9(3) and (4) of Schedule 2 to the State Pension Credit Act 2002 (c. 16). Section 189(1) was amended by paragraph 57(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 and by paragraph 1 of Schedule 6 to the Tax Credits Act 2002 (c. 21). Section 191 is cited for the meaning of “prescribe”. The definition of “prescribe” was amended by paragraph 10 of Schedule 5 to the Welfare Reform Act 2007 (c. 5).
f3: 1995 c. 18. Section 35(1) is cited for the meaning of “prescribed” and “regulations”. The definitions of “prescribed” and “regulations” were amended by paragraph 62 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999.
f4: 1998 c. 14. Section 79(1) was amended by S.I. 2008/2833 (except in relation to Scotland for the purposes specified in article 3(3)(a) and (b)) and paragraphs 12 and 13 of Schedule 4 to the Tax Credits Act 2002. Section 84 is cited for the meaning of “prescribe”.
f5: 2007 c. 5. Section 24(1) is cited for the meaning of “prescribed” and “regulations”.
f6: 2016 c. 7.