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Statutory Instruments

2008 No. 1082

Social Security

The Employment and Support Allowance (Consequential Provisions) Regulations 2008

Made

14th April 2008

Laid before Parliament

18th April 2008

Coming into force

27th October 2008

Contents

Go to Preamble

  1. PART 1

    General

    1. 1.Citation and commencement

  2. PART 2

    Common provisions

    1. 2.Amendment of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006

    2. 3.Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

  3. PART 3

    The Housing Benefit Regulations 2006

    1. 4.General

    2. 5.Amendment of regulation 2

    3. 6.Amendment of regulation 5

    4. 7.Amendment of regulation 6

    5. 8.Amendment of regulation 10

    6. 9.Amendment of regulation 11

    7. 10.Amendment of regulation 19

    8. 11.Amendment of regulation 22

    9. 12.Amendment of regulation 23

    10. 13.Amendment of regulation 26

    11. 14.Amendment of regulation 28

    12. 15.Amendment of regulation 40

    13. 16.Amendment of regulation 50

    14. 17.Amendment of regulation 56

    15. 18.Amendment of regulation 74

    16. 19.Amendment of regulation 83

    17. 20.Amendment of regulation 88

    18. 21.Amendment of regulation 95

    19. 22.Amendment of regulation 105

    20. 23.Amendment of Schedule 3

    21. 24.Amendment of Schedule 4

    22. 25.Amendment of Schedule 5

    23. 26.Amendment of Schedule 6

    24. 27.Amendment of Schedule 9

  4. PART 4

    The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

    1. 28.General

    2. 29.Amendment of regulation 2

    3. 30.Amendment of regulation 5

    4. 31.Amendment of regulation 6

    5. 32.Amendment of regulation 19

    6. 33.Amendment of regulation 29

    7. 34.Amendment of regulation 31

    8. 35.Amendment of regulation 48

    9. 36.Amendment of regulation 54

    10. 37.Amendment of regulation 55

    11. 38.Amendment of regulation 64

    12. 39.Amendment of regulation 86

    13. 40.Amendment of Schedule 4

    14. 41.Amendment of Schedule 6

  5. PART 5

    Council Tax Benefit Regulations 2006

    1. 42.General

    2. 43.Amendment of regulation 2

    3. 44.Amendment of regulation 5

    4. 45.Amendment of regulation 6

    5. 46.Amendment of regulation 7

    6. 47.Amendment of regulation 9

    7. 48.Amendment of regulation 12

    8. 49.Amendment of regulation 13

    9. 50.Amendment of regulation 16

    10. 51.Amendment of regulation 18

    11. 52.Amendment of regulation 30

    12. 53.Amendment of regulation 40

    13. 54.Amendment of regulation 45

    14. 55.Amendment of regulation 58

    15. 56.Amendment of regulation 69

    16. 57.Amendment of regulation 74

    17. 58.Amendment of regulation 90

    18. 59.Amendment of Schedule 1

    19. 60.Amendment of Schedule 2

    20. 61.Amendment of Schedule 3

    21. 62.Amendment of Schedule 4

    22. 63.Amendment of Schedule 5

    23. 64.Amendment of Schedule 8

  6. PART 6

    The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

    1. 65.General

    2. 66.Amendment of regulation 2

    3. 67.Amendment of regulation 5

    4. 68.Amendment of regulation 6

    5. 69.Amendment of regulation 9

    6. 70.Amendment of regulation 19

    7. 71.Amendment of regulation 21

    8. 72.Amendment of regulation 38

    9. 73.Amendment to regulation 42

    10. 74.Amendment of regulation 45

    11. 75.Amendment of regulation 53

    12. 76.Amendment of regulation 59

    13. 77.Amendment of regulation 75

    14. 78.Amendment of Schedule 2

    15. 79.Amendment of Schedule 4

    16. 80.Amendment of Schedule 6

    17. 81.Amendment of Schedule 7

Go to Explanatory Note

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(1), 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(2), sections 34(1), 79(1), (3), (4) and (6) and 84 of the Social Security Act 1998(3), paragraphs 4(6), 20(1)(b) and (3) and 23(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000(4) and sections 32(1) and 34(6) of the Welfare Reform Act 2007(5).

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(6).

In accordance with section 176(1)(7) 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.

(1)

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

(2)

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”. Back [2]

(3)

1998 c. 14. Section 84 is cited for the meaning given to “prescribed”. Back [3]

(4)

2000 c. 19. Paragraph 23(1) of Schedule 7 is cited for the meaning given to “prescribed”. Back [4]

(5)

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

(6)

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. Back [6]

(7)

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. Back [7]