Statutory Instrument 1997 No. 2311

      The Social Fund Cold Weather Payments (General) Amendment Regulations 1997

      © Crown Copyright 1997

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STATUTORY INSTRUMENTS

1997 No. 2311

SOCIAL SECURITY

The Social Fund Cold Weather Payments (General) Amendment Regulations 1997

  Made 25th September 1997 
  Laid before Parliament 9th October 1997 
  Coming into force 1st November 1997 

The Secretary of State for Social Security, in exercise of the powers conferred on her by sections 138(2) and (4) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992[1] and of all other powers enabling her in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it[2], hereby makes the following Regulations:

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment Regulations 1997 and shall come into force on 1st November 1997.

    (2) In these Regulations, "the principal Regulations" means the Social Fund Cold Weather Payments (General) Regulations 1988[3].

Amendment of regulation 1 of the principal Regulations
     2. In regulation 1(2) of the principal Regulations (interpretation), at the end of the definition of "postcode district"[4], there shall be added the words "except in the case of any postcode district which is identified with an alpha suffix which shall, for the purposes of these Regulations, be treated as if it forms part of a postcode district which is identified without that suffix".

Amendment of regulation 2 of the principal Regulations
     3.  - (1) Regulation 2 of the principal Regulations[5] (prescribed circumstances) shall be amended in accordance with the following paragraphs.

    (2) In paragraph (1)(a) - 

    (a) after the word "paragraphs" there shall be inserted "(1A), (1B),";

    (b) in head (ii), for the word "or" there shall be substituted the word "and";

    (c) head (iii) shall be omitted.

    (3) After paragraph (1) there shall be inserted the following paragraphs - 

        " (1A) For the purposes of paragraph (1)(a)(i), where a station identified in column (1) of Schedule 1 to these Regulations (in this paragraph and in paragraph (1B) referred to as "the primary station") is unable to provide temperature information in respect of a particular day, the mean daily temperature on that day - 

      (a) at the alternative station for that primary station specified in column (2) of Schedule 2 to these Regulations; or

      (b) where there is no such alternative station specified, at the nearest station to that primary station able to provide temperature information in respect of that day,

    shall be used to determine whether or not there is a recorded period of cold weather at the relevant primary station.

        (1B) For the purposes of paragraph (1)(a)(ii), where the Meteorological Office is unable to produce a forecast in respect of a particular period at a primary station, any forecast produced in respect of that period - 

      (a) at the alternative station for that primary station specified in column (2) of Schedule 2 to these Regulations; or

      (b) where there is no such alternative station specified, at the nearest station to that primary station able to provide temperature information for that period,

    shall be used to determine whether or not there is a forecasted period of cold weather at the relevant primary station.".

Substitution of Schedule 1 to the principal Regulations
     4. For Schedule 1 to the principal Regulations[6] (identification of stations and postcode districts), there shall be substituted the Schedule set out in Schedule 1 to these Regulations.

Substitution of Schedule 2 to the principal Regulations
     5. For Schedule 2 to the principal Regulations[7] (specified alternative stations), there shall be substituted the Schedule set out in Schedule 2 to these Regulations.



Signed by authority of the Secretary of State for Social Security.


Frank Field
Minister of State, Department of Social Security

25th September 1997



SCHEDULE 1
Regulation 4


IDENTIFICATION OF STATIONS AND POSTCODE DISTRICTS


The following Schedule is substituted for Schedule 1 to the principal Regulations.






SCHEDULE 2
Regulation 5


SPECIFIED ALTERNATIVE STATIONS


The following Schedule is substituted for Schedule 2 to the principal Regulations.





EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Social Fund Cold Weather Payments (General) Regulations 1988 (S.I. 1988/1724 as amended) ("the principal Regulations") by - 

     -  making an exception from the definition of "postcode district" in regulation 1(2) of the principal Regulations for postcode districts identified with alpha suffixes (regulation 2);

     -  providing for a procedure to be operated when a weather station specified in Schedule 1 is unable to provide temperature information in respect of a certain day or period (regulation 3);

     -  substituting the list of weather stations and applicable postcode districts in Schedule 1 to the principal Regulations with a new list which largely re-enacts the list in the former Schedule 1 but which also adds two new weather stations, replaces four stations which are due to close and enacts certain other changes to postcodes and to weather station linkages (regulation 4 and Schedule 1). Schedule 2 to these Regulations replaces Schedule 2 to the principal Regulations to take account of the new Schedule 1 (regulation 5 and Schedule 2).

The Postcode Atlas of Great Britain and Northern Ireland and the postcode maps may be obtained from their publishers. A person may establish the current postcode for their address by contacting the Royal Mail Postcode Enquiries office (tel. no. 0345 111222).

These Regulations do not impose a charge on business.

Notes:

 [1] 1992 c.4; section 138(4) is an interpretation provision and is cited because of the meaning ascribed to the word "prescribed".back

[2] See section 173(1)(b) of the Social Security Administration Act 1992 (c.5).back

[3] S.I. 1988/1724.back

[4] The definition of "postcode district" was inserted by S.I. 1996/2544.back

[5] Regulation 2 was substituted by S.I. 1991/2238 and amended by S.I. 1991/2448, 1992/2448 and 1996/2544.back

[6] Schedule 1 was substituted by S.I. 1996/2544.back

[7] Schedule 2 was substituted by S.I. 1996/2544.back


ISBN 0 11 064941 9


 
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 © Crown copyright 1997
Prepared 14 October 1997