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The Social Security (Benefit) (Members of the Forces) (Amendment) Regulations 2012

S.I. 2012/1656 · Made 25 June 2012

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Social Security

Made 25th June 2012

Laid before Parliament 27th June 2012

Coming into force 30th July 2012

The Treasury makes the following Regulations, with the concurrence of the Secretary of State for Work and Pensions, in exercise of the powers conferred by sections 116(2) and 175(3) and (4) of the Social Security Contributions and Benefits Act 1992f1 and sections 116(2) and 171(3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f2.

The Secretary of State for Work and Pensions also makes the following Regulations in exercise of the powers conferred by sections 35(1), 36(2) and 40 of the Jobseekers Act 1995f3.

In accordance with section 173(1)(b) of the Social Security Administration Act 1992f4, 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 it.

Annotations to the whole text

Footnotes

f1

1992 c. 4. Section 116(2) was amended by paragraph 22 of Schedule 3 and paragraph 5 of Schedule 7 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) (“the 1999 Act”), paragraph 28 of Schedule 2 to the Jobseekers Act 1995 (c. 18) and paragraph 67 of Schedule 7 to the Social Security Act 1998 (c. 12). Section 175(4) was amended by paragraph 29 of Schedule 3 to the 1999 Act.

f2

1992 c. 7. Section 116(2) was amended by S.I. 1995/2705 (N.I. 15), S.R. 1996/401, S.I. 1998/1506 (N.I. 10), S.R. 1999/149, S.R. 1999/310, S.R. 1999/428, S.R. 1999/472 and S.I. 1999/671.

f3

1995 c. 18. Section 35(1) is an interpretation provision and is cited for the meaning it gives to the word “regulations”.

f4

1992 c. 5.

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of the Social Security (Benefit) (Members of the Forces) Regulations 1975
  3. Signature
  4. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Social Security (Benefit) (Members of the Forces) (Amendment) Regulations 2012.

(2)

They come into force on 30th July 2012.

(3)

Regulation 2(3)(a) does not extend to Northern Ireland.

2Amendment of the Social Security (Benefit) (Members of the Forces) Regulations 1975

(1)

The Social Security (Benefit) (Members of the Forces) Regulations 1975f1 are amended as follows.

(2)

In regulation 1(2) (interpretation), in the definition of “serving member of the forces” for “regulation 1(2) of the Social Security (Contributions) Regulations 1975” substitute “regulation 1(2) of the Social Security (Contributions) Regulations 2001f2”.

(3)

In regulation 2 (unemployment, sickness and invalidity benefit and severe disablement allowance)—

(a)

omit “a jobseeker’s allowance,”;

(b)

omit “either—”;

(c)

in paragraph (a), for “Part 1 of Schedule 5 to the Social Security (Contributions) Regulations 1975” substitute “Part 1 of Schedule 6 to the Social Security (Contributions) Regulations 2001”; and

(d)

omit both “; or” at the end of paragraph (a) and paragraph (b).

Signature

James Duddridge

Brooks Newmark

Two of the Lord Commissioners of Her Majesty’s Treasury

21st June 2012

Chris Grayling

Signed by the authority of the Secretary of State

Department for Work and Pensions

25th June 2012

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Benefit) (Members of the Forces) Regulations 1975.

Regulation 2(3)(a) (which does not extend to Northern Ireland) removes a provision which disentitles a person from receiving a jobseeker’s allowance in respect of any day on which that person is a serving member of the armed forces.

Regulation 2(2) and (3)(c) (which extends to the whole of the United Kingdom) replaces references to provisions in the Social Security (Contributions) Regulations 1975 (which have been revoked) with references to provisions in the Social Security (Contributions) Regulations 2001.

Regulation 2(3)(b) and (d) revoke a provision referring to the Ulster Defence Regiment, which no longer exists, and make amendments which are consequential upon that change.

A full impact assessment has not been published for this instrument as it has no impact on the costs of business or the voluntary sector.