OpenLegislation

The Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 2010

S.I. 2010/424 · Made 22 February 2010 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2026.

Social Security

Made 22nd February 2010

Laid before Parliament 26th February 2010

Coming into force in accordance with regulation 1

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by section 57(1) and (2) of the Welfare Reform Act 2009f1.

Annotations to the whole text

Footnotes

f1

2009 c. 24.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Social Security (Credits) Regulations 1975
  3. 3Amendment of the Jobseeker’s Allowance Regulations 1996
  4. 4Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
  5. 5Amendment of the Discretionary Financial Assistance Regulations 2001
  6. 6Revocation of the Social Security (Breach of Community Order) Regulations 2001
  7. 7Amendment of the Social Security (Loss of Benefit) Regulations 2001
  8. 8Amendment of the Housing Benefit Regulations 2006
  9. 9Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  10. 10Amendment of the Council Tax Benefit Regulations 2006 Repealed
  11. 11Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 Repealed
  12. Signature
  13. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 2010.

(2)

Subject to paragraphs (3) and (4), these Regulations come into force on 22nd March 2010.

(3)

Regulations 3, 4 and 6 to 8, so far as they relate to a person who is subject to a restriction under section 62 or 63 of the Child Support, Pensions and Social Security Act 2000f1 immediately before 22nd March 2010, come into force on the first day of the first benefit week to commence for that person on or after 22nd March 2010.

(4)

Regulations 2, 5 and 9 to 11 come into force on 2nd April 2010.

(5)

In paragraph (3), “benefit week” has the meaning ascribed to that expression in regulation 3(7) of the Social Security (Breach of Community Order) Regulations 2001f2.

2Amendment of the Social Security (Credits) Regulations 1975I1

In regulation 8A(2)(d) (credits for unemployment) of the Social Security (Credits) Regulations 1975f1 omit the words “section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 or”.

3Amendment of the Jobseeker’s Allowance Regulations 1996I1

(1)

The Jobseeker’s Allowance Regulations 1996f1 are amended as follows.

(2)

In regulation 47(4)(b)(ii)f2 (jobseeking period) omit the words “section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 or”.

(3)

In regulation 170(1)f3 (persons in receipt of a training allowance) omit the words “or if he would be in receipt of a training allowance if the Social Security (Breach of Community Order) Regulations 2001 did not prevent the payment of a training allowance to him”.

4Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999I1

(1)

The Social Security and Child Support (Decisions and Appeals) Regulations 1999f1 are amended as follows.

(2)

In regulation 1(3)f2 (citation, commencement and interpretation) omit the definition of “the Breach of Community Order Regulations”.

(3)

In regulation 3f3 (revision of decisions) omit paragraph (8A).

(4)

In regulation 6f4 (supersession of decisions) omit paragraph (2)(i).

(5)

In regulation 7f5 (date from which a decision superseded under section 10 takes effect) omit paragraph (27).

(6)

In Schedule 2f6 (decisions against which no appeal lies) omit paragraph 19A and the preceding heading.

5Amendment of the Discretionary Financial Assistance Regulations 2001I1

F1In regulation 3(l) (circumstances in which discretionary housing payments may be made) of the Discretionary Financial Assistance Regulations 2001f1 omit the words “section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 or”.

6Revocation of the Social Security (Breach of Community Order) Regulations 2001I1

The Social Security (Breach of Community Order) Regulations 2001f1 are revoked.

7Amendment of the Social Security (Loss of Benefit) Regulations 2001I1

(1)

The Social Security (Loss of Benefit) Regulations 2001f1 are amended as follows.

(2)

In regulation 3 (reduction of income support and income-related employment and support allowance)—

(a)

in paragraph (1) for “to (4)” substitute “and (3)”;

(b)

omit paragraph (4)f2.

(3)

In regulation 5(3) (meaning of “person in hardship”)—

(a)

at the end of sub-paragraph (a) insert “or”;

(b)

at the end of sub-paragraph (b) for “; or” substitute “.”;

(c)

omit sub-paragraph (c).

8Amendment of the Housing Benefit Regulations 2006I1

In regulation 2(3)(d) (interpretation) of the Housing Benefit Regulations 2006f1 omit the words “section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 or”.

9Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006I1

In regulation 2(3)(d) (interpretation) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006f1 omit the words “section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 or”.

10Amendment of the Council Tax Benefit Regulations 2006F1I1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006F1I1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

Signed by authority of the Secretary of State for Work and Pensions

Helen Goodman

Parliamentary Under Secretary of State

Department for Work and Pensions

22 February 2010

Explanatory note

(This note is not part of the Regulations)

These Regulations revoke and amend other Statutory Instruments in consequence of section 26 of the Welfare Reform Act 2009 (c. 24) (“the 2009 Act”), which comes into force on 22nd March 2010 by virtue of the Welfare Reform Act 2009 (Commencement No. 2 and Transitory Provision) Order 2010. Section 26 of the 2009 Act repeals sections 62 to 66 of the Child Support, Pensions and Social Security Act 2000 (c. 19) (“the 2000 Act”), which provided for benefit sanctions to be applied to offenders found to be in breach of specified community orders.

Regulations 2 to 5 and 7 to 11 make consequential amendments to the Social Security (Credits) Regulations 1975 (S.I. 1975/556), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991), the Discretionary Financial Assistance Regulations 2001 (S.I. 2001/1167), the Social Security (Loss of Benefit) Regulations 2001 (S.I. 2001/4022), the Housing Benefit Regulations 2006 (S.I. 2006/213), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214), the Council Tax Benefit Regulations 2006 (S.I. 2006/215) and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/216), in particular so as to remove references to sections 62 to 66 of the 2000 Act.

Regulation 6 revokes the Social Security (Breach of Community Order) Regulations 2001.

A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.