Statutory Instruments
2008 No. 787 (C. 36)
Social Security
The Welfare Reform Act 2007 (Commencement No. 6 and Consequential Provisions) Order 2008
Made
17th March 2008
The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by sections 68 and 70(2) of the Welfare Reform Act 2007( 1 ).
Citation and interpretation
1. —(1) This Order may be cited as the Welfare Reform Act 2007 (Commencement No. 6 and Consequential Provisions) Order 2008.
(2) In this Order “the Act” means the Welfare Reform Act 2007.
Commencement
2. —(1) For the purpose only of conferring power to make regulations, the day appointed for the coming into force of the provisions of the Act specified in the Schedule is 18th March 2008.
(2) 1st April 2008 is the day appointed for the coming into force of section 49 of the Act (loss of benefit for commission of benefit offences).
(3) Insofar as they are not already in force, 27th July 2008 is the day appointed for the coming into force of—
(a) paragraphs 10(1), (2) and (32) and 17(1), (2), (3) and (6) of Schedule 3 to the Act and section 28(1) of the Act so far as it relates to those paragraphs; and
(b) section 25(2)(b) of, and paragraphs 1, 2, 3(b), (c) and (d) and 11 of Schedule 4 to, the Act and section 29 of the Act so far as it relates to those paragraphs.
(4) Insofar as they are not already in force, 27th October 2008 is the day appointed for the coming into force of the following provisions of the Act—
(a) sections 1 to 12, 14, 16 to 27, 28(2) and (3);
(b) section 28(1) so far as it relates to the provisions of Schedule 3 referred to in sub-paragraph (f);
(c) section 67 so far as it relates to the repeals referred to in sub-paragraph (g);
(d) Schedule 1;
(e) Schedule 2;
(f) paragraphs 1 to 4, 6, 7(1), (7) and (8), 8, 9(1) to (4), (6) to (11) and (13), 10 to 20 and 22 to 24 of Schedule 3; and
(g) the repeals set out in Schedule 8 to the Act relating to—
(i) sections 6A(3) and 124(1) of the Social Security Contributions and Benefits Act 1992( 2 );
(ii) section 73(4) of the Social Security Administration Act 1992( 3 );
(iii) paragraphs 19(2) and (3), 40(2) and 53(2) of Schedule 2 to the Jobseeker’s Act 1995( 4 );
(iv) sections 2(2) and 28(3) of, paragraph 6(b) of Schedule 2 to, and paragraph 3 of Schedule 3 to, the Social Security Act 1998( 5 ); and
(v) section 72(3) of the Welfare Reform and Pensions Act 1999( 6 ).
Consequential provisions
3. —(1) The following amendments have effect as from 1st April 2008 (in consequence of the coming into force on that day of section 49 of the Act).
(2) In the Social Security and Child Support (Decisions and Appeals) Regulations 1999( 7 ), in paragraph 27 of Schedule 2 (decisions against which no appeal lies), for “3 years” substitute “5 years”.
(3) In the Social Security (Loss of Benefit) Regulations 2001( 8 ), in regulation 2(2) (disqualification period), for “3 years” substitute “5 years”.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
17th March 2008
Article 2(1)
SCHEDULE PROVISIONS BROUGHT INTO FORCE ON 18th MARCH 2008 FOR REGULATION-MAKING PURPOSES
| Provision of the Act | Subject-matter |
|---|---|
| Section 2(1)(a) and (c) and (4)(a) and (c) | Prescribing the amount of a contributory allowance |
| Section 3(1)(c) and (2)(b) and (d) | Deductions from contributory allowance: supplementary |
| Section 3(3) for the purposes of prescribing a payment under paragraph (b) of the definition of “pension payment” | Deductions from contributory allowance: supplementary |
| Section 4(2)(a), (3) and (6)(a) and (c) | Amount of income related allowance |
| Section 5(2) and (3) | Advance award of income-related allowance |
| Section 8 except for subsection (4)(c) | Limited capability for work |
| Section 9 except for subsection (4)(c) | Limited capability for work-related activity |
| Section 11(1), (2)(a) to (g), (3) to (5), (6)(a) and (7)(c) | Work-focused health-related assessments |
| Section 12(1), (2)(a) to (h) and (3) to (7) | Work-focused interviews |
| Section 14(1) and (2)(a) and (b) | Action plans in connection with work-focused interviews |
| Section 16(2)(a) and (4) | Contracting out |
| Section 17 | Income and capital: general |
| Section 18(1), (2) and (4) | Disqualification |
| Section 20(2) to (7) | Relationship with statutory payments |
| Section 22 insofar as it relates to paragraphs 1 to 7, 8(1), 9, 10, 12 and 14 of Schedule 2 | Supplementary provisions |
| Section 23(1) and (3) | Recovery of sums in respect of maintenance |
| Section 24(1) for the purpose of defining “employed”, “employment”, “period of limited capability for work”, “prescribed”, “regulations” and “week” | Interpretation of Part 1 |
| Section 24(2)(b) and (3) | Interpretation of Part 1 |
| Section 25(1) to (5) | Regulations |
| Section 26(2) | Parliamentary Control |
| Section 28(1) insofar as it relates to the provisions of Schedule 3 set out in this Schedule | Consequential amendments relating to Part 1 |
| Section 28(2) | Consequential amendments relating to Part 1 |
| Section 29 insofar as it relates to paragraphs 1(1), 2, 3(b), (c) and (d) of Schedule 4 | Transition relating to Part 1 |
| Paragraphs 1(4) and 3(2) of Schedule 1 | Conditions relating to national insurance |
| Paragraphs 4(1)(a) and (c), (3) and (4) of Schedule 1 | Conditions relating to youth |
| Paragraphs 6(1)(b), (2) to (4), (7) and (8) of Schedule 1 | Employment and Support Allowance: additional conditions: income-related allowance |
| Paragraph 6(5) of Schedule 1 for the purposes of the meaning of “couple”, “education” and “remunerative work” | Employment and Support Allowance: additional conditions: income-related allowance |
| Paragraphs 1 to 7, 8(1), 9, 10, 12 and 14 of Schedule 2 | Employment and Support Allowance: Supplementary Provisions |
| Paragraphs 7(1) and (8), 8, 9(1), (3)(b) and (4), 10(1), (2), (3) to (8), (12) and (32), 12(1) and (5), 15, 17(1), (3), (6) and (7), 18, 20, 23 (1) to (5) and (8) and 24 of Schedule 3 | Consequential amendments relating to Part 1 |
| Paragraphs 1(1), 2, 3(b), (c) and (d) of Schedule 4 | Transition relating to Part 1 |
S.I. 1999/991 . Paragraph 27 of Schedule 2 was inserted by S.I. 2001/4022 , regulation 21.
S.I. 2001/4022 . Regulation 2(2) was amended by S.I. 2002/486 , regulation 2(d).