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The Social Security Amendment (Carer’s Allowance) Regulations 2002

Type Statutory-Instrument
Publication 2002-09-27
Last updated 2006-03-06
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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Made: 27th September 2002

Laid before Parliament: 4th October 2002

Coming into force—

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by the enactments set out in Column 1 of Schedule 1 to these Regulations as amended by the provisions set out in Column 2 of that Schedule and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it and after consultation, in so far as they relate to council tax benefit and housing benefit, with organisations appearing to him to be representative of the authorities concerned, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Social Security Amendment (Carer’s Allowance) Regulations 2002 and shall come into force—

  • (a) except for the purposes of regulation 3, on 28th October 2002; and
  • (b) for the purposes of regulation 3, on 1st April 2003.

Amendment of the Social Security (Invalid Care Allowance) Regulations 1976

2
  • (1) The following provisions of the Social Security (Invalid Care Allowance) Regulations 1976 are hereby revoked—
  • (a) regulation 10 (circumstances in which a person over the age of 65 is to be treated as having been entitled to invalid care allowance immediately before attaining that age); and
  • (b) regulation 11 (invalid care allowance for persons over the age of 65).
  • (2) In regulation 10A(c) of those Regulations (women aged 65 before 28th October 1994) the words “and (5)” shall be omitted.

Amendments consequential upon change of name of benefit

3

Schedule 2 to these Regulations (which substitutes references to carer’s allowance and makes related provision for references to invalid care allowance) shall have effect.

SCHEDULE 1 — Enactments conferring powers exercised in making these Regulations

Column 1 Column 2
Enactment conferring power Relevant amending provision
The Child Support Act 1991
Paragraph 4(1)(b) and (c) and (2) of Schedule 1 Part 1 of Schedule 1 was substituted by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 2000
The Social Security Contributions and Benefits Act 1992
Section 22(5) Amended by paragraph 22 of Schedule 2 to the Jobseekers Act 1995
Section 70 Amended by articles 2 and 3 of the Regulatory Reform (Carer’s Allowance) Order 2002
Section 79(2)
Section 90 Amended by section 70 of, and paragraph 26 of Schedule 8 to, the Welfare Reform and Pensions Act 1999
Section 113 Amended by paragraph 66 of Schedule 7 to the Social Security Act 1998
Section 124(1)(e) Subsection (1)(e) was inserted by pararaph 30 of Schedule 2 to the Jobseekers Act 1995
Section 135(1)
Section 136(3) and (5)(b)
Section 138(2) and (4)
Section 175(1) and (4) Amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999
Paragraph 2(8) of Schedule 3 Paragraph 2(8) was added by section 62(4) of the Welfare Reform and Pensions Act 1999
The Social Security Administration Act 1992
Section 2A Section 2A was inserted by section 57 of the Welfare Reform and Pensions Act 1999
Section 5(1)
Section 7A Section 7A was inserted by section 71 of the Welfare Reform and Pensions Act 1999
Section 73 Amended by paragraph 49 of Schedule 2 to the Jobseekers Act 1995
Section 78(2)
Section 107(1)
Section 189(1), (4) and (5) Amended by paragraph 109 of Schedule 7 to the Social Security Act 1998, by paragraph 57(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 and by Schedule 6 to the Tax Credits Act 2002
The Social Security (Consequential Provisions) Act 1992
Section 5
Paragraph 12 of Schedule 3
The Jobseekers Act 1995
Section 26(1)
Section 40
The Child Support Act 1995
Section 10
Section 26(1) and (3)
The Welfare Reform and Pensions Act 1999
Section 72
Section 83(1), (4) and (8)
The Immigration and Asylum Act 1999
Section 115(3), (4) and (5)
1

In the provisions mentioned in paragraph 2 below, for the words “invalid care allowance” wherever they occur, there shall be substituted the words “ carer’s allowance ”, preceded, where appropriate, by “a” instead of “an”.

2

The provisions referred to in paragraph 1 are—

3

In—

  • (a) Regulations 6 and 19 of the Social Security (Claims and Payments) Regulations 1987 ; and
  • (b) Regulation 3 of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 ,

after the words “invalid care allowance” wherever they occur, there shall be added “ or carer’s allowance, as the case may be, ”.

Signed

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

Ian McCartney — Minister of State, — Department for Work and Pensions — 2002-09-27

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: See sections 170 and 173(1)(b) of the Social Security Administration Act 1992 (c. 5).

[^f00002]: See section 176 of the Social Security Administration Act 1992.

[^f00003]: S.I. 1976/409. Relevant amending instruments are S.I. 1994/2556 and S.I. 1996/2744. Regulation 10A was inserted by S.I. 1994/2556.

[^f00004]: 1991 c. 48.

[^f00005]: 2000 c. 19.

[^f00006]: 1992 c. 4.

[^f00007]: 1995 c. 18.

[^f00008]: S.I. 2002/1457.

[^f00009]: 1999 c. 30.

[^f00010]: 1998 c. 14.

[^f00011]: 1999 c. 2.

[^f00012]: 1992 c. 5.

[^f00013]: 2002 c. 21.

[^f00014]: 1992 c. 6.

[^f00015]: 1995 c. 34.

[^f00016]: 1999 c. 33.

[^f00017]: S.I. 1975/563. Regulation 10B was inserted by S.I. 1976/409.

[^f00018]: S.I. 1975/1483. Regulation 7A was inserted by S.I. 1976/409 and the relevant amending instruments are S.I. 1987/414, S.I. 1988/1545, S.I. 1996/2367, S.I. 2000/1483 and S.I. 2002/490.

[^f00019]: S.I. 1976/409; the relevant amending instruments are S.I. 1977/342, S.I. 1978/1698, S.I. 1991/2742, S.I. 1995/829 and 2935, S.I. 1996/30 and 2744, S.I. 2000/636 and S.I. 2001/538. Regulation 2A was inserted by S.I. 1997/2676, regulations 10A and 11A were inserted by S.I. 1994/2556 and Schedule 1 was substituted by S.I. 1995/829.

[^f00020]: S.I. 1977/343; the relevant amending instruments are S.I. 1984/1699, S.I. 1987/355, S.I. 1988/554, S.I. 1989/1690, S.I. 1992/3041, S.I. 1994/2945, S.I. 1996/2745, S.I. 1999/3178 and S.I. 2001/910.

[^f00021]: S.I. 1979/597; the relevant amending instruments are S.I. 1983/186, S.I. 1984/1303, S.I. 1991/2742, S.I. 1992/3194, S.I. 1995/829, S.I. 1996/1345 and 3207 and S.I. 2000/1483.

[^f00022]: S.I. 1979/642; the relevant amending instruments are S.I. 1984/1303 and S.I. 1993/1242.

[^f00023]: S.I. 1987/1967; the relevant amending instruments are S.I. 1988/663, 1445 and 2022, S.I. 1989/534 and 1678, S.I. 1990/547 and 1776, S.I. 1991/236, 387, 1559 and 2742, S.I. 1992/468, S.I. 1993/315, 1150 and 2119, S.I. 1994/2139 and 3061, S.I. 1995/482, S.I. 1996/1517, 1803 and 1944, S.I. 1997/827, S.I. 1998/2231, S.I. 1999/2422, 2566, 3109 and 3329, S.I. 2000/636, 681, 724, 1922, 1981, 2239, 2545 and 2629, S.I. 2001/488, 652, 859 and 3767 and S.I. 2002/490. Schedule 1B was inserted by S.I. 1996/206.

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