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Statutory Instruments

2001 No. 1252 (C. 45)

FAMILY LAW

CHILD SUPPORT

PENSIONS

SOCIAL SECURITY

The Child Support, Pensions and Social Security Act 2000 (Commencement No. 8) Order 2001

Made

28th March 2001

The Secretary of State for Social Security, in exercise of the powers conferred on him by section 86(2) and (3)(a) of the Child Support, Pensions and Social Security Act 2000( 1 ) and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and interpretation

1. —(1) This Order may be cited as the Child Support, Pensions and Social Security Act 2000 (Commencement No.8) Order 2001.

(2) In this Order, unless the context otherwise requires, any reference to a numbered section or Schedule is a reference to the section or, as the case may be, the Schedule bearing that number in the Child Support, Pensions and Social Security Act 2000.

Appointed days

2. —(1) 2nd April 2001 is the day appointed for the coming into force of—

(a) section 67 and Schedule 6 (social security investigation powers), so far as not already in force;

(b) sub-paragraphs (1) and (3) of paragraph 13 of Schedule 3 (by virtue of which section 24 of the Child Support Act 1995( 2 ), which is now spent, ceases to have effect), and section 26 so far as it relates to those sub-paragraphs;

(c) paragraph 11 of Schedule 5 (conditions of payment of surplus out of funds of an occupational pension scheme to employer), and section 56 so far as it relates to that paragraph;

(d) Part I of Schedule 9 (repeals and revocations—child support provisions) so far as it relates to—

(i) the repeals in section 15(10) of the Child Support Act 1991( 3 ),

(ii) the repeal of section 40(1) and (2) of that Act, of section 24 of the Child Support Act 1995 and of paragraph 28 of Schedule 7 to the Social Security Act 1998( 4 ), and

(iii) the revocation in the Social Security Act 1998 (Commencement No.2) Order 1998( 5 ); and

(e) Part VI of Schedule 9 (repeals—investigation powers).

(2) 2nd July 2001 is the day appointed for the coming into force of the following provisions so far as not already in force:—

(a) in Schedule 7 (housing benefit and council tax benefit: revisions and appeals)

(i) paragraphs 1 to 16,

(ii) paragraph 18, except for sub-paragraph (2)(b),

(iii) paragraphs 19 to 21,

(iv) except for the purposes specified in paragraph (3) below, paragraph 22(1), and

(v) paragraphs 22(2) and (3) and 23,

and section 68 so far as it relates thereto;

(b) section 69 (discretionary financial assistance with housing); and

(c) except for the purposes specified in paragraph (3) below, Part VII of Schedule 9 (repeals—housing benefit and council tax benefit).

(3) The purposes referred to in paragraph (2)(a)(iv) and (c) above are where, pursuant to a request for a further review of a determination under section 34 of the Social Security Act 1998 relating to housing benefit or council tax benefit—

(a) an oral hearing by a Review Board constituted under the Housing Benefit (General) Regulations 1987( 6 ) or, as the case may be, the Council Tax Benefit (General) Regulations 1992( 7 ) has been held and completed before 2nd July 2001, the purpose of enabling the Review Board on or after that date to record its decision, or to give or send its decision to persons likely to be affected by it; or

(b) a decision on the further review has been given by such a Review Board, whether before, on or after that date—

(i) the purpose of enabling the Review Board to correct any accidental error in the record of its decision,

(ii) where proceedings are brought by way of judicial review in connection with that decision, the purpose of enabling the Review Board to participate in those proceedings or in any appeal arising out of those proceedings, or

(iii) the purpose of giving effect to the Review Board’s decision.

Amendment of earlier Order

3. In article 2(5) of the Child Support, Pensions and Social Security Act 2000 (Commencement No.4) Order 2000( 8 ) sub-paragraph (b) (which brings Part II of Schedule 5 into force on 1st June 2001 for all purposes other than that of authorising the making of regulations and orders) shall be omitted.

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

Jeff Rooker

Minister of State,

Department of Social Security

28th March 2001

( 1 )

2000 c. 19 .

( 2 )

1995 c. 34 .

( 3 )

1991 c. 48 .

( 4 )

1998 c. 14 .

( 5 )

S.I. 1998/2780 (C.66) .

( 6 )

S.I. 1987/1971 ; relevant amendments were made by S.I. 1993/317 , 1994/2137 and 2000/897 .

( 7 )

S.I. 1992/1814 ; relevant amendments were made by S.I. 1993/688 , 1994/2137 and 2000/897 .

( 8 )

S.I. 2000/3166 (C.101) .

( 9 )

S.I. 2000/2950 (C.87) was amended by article 3 of S.I. 2000/3166 (C.101) .

( 10 )

In this note an asterisk indicates that the provision or provisions in the entry to which it relates has or have been commenced in part, or for certain purposes only.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Child Support, Pensions and Social Security Act 2000 (Commencement No. 8) Order 2001 (2001/1252)

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