The Welfare Reform Act 2007 (Commencement No. 7, Transitional and Savings Provisions) Order 2008

Made: 4th August 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 2007¹.

Citation and interpretation

1

• (1) This Order may be cited as the Welfare Reform Act 2007 (Commencement No. 7, Transitional and Savings Provisions) Order 2008.

• (2) In this Order “the Act” means the Welfare Reform Act 2007.

Appointed days

2

• (1) For the purpose only of conferring power to make orders or regulations, the day after the day on which this Order is made is the day appointed for the coming into force of section 42 of the Act (information relating to certain benefits).

• (2) 1st September 2008 is the day appointed for the coming into force of the following provisions of the Act—

• (a) section 42, in so far as not already in force;

• (b) section 43 (unlawful disclosure of certain information);

• (c) section 67 and Schedule 8 (repeals) so far as they relate to the repeal of sections 94 and 95 of the Local Government Act 2000².

• (3) 7th October 2008 is the day appointed for the coming into force of the following provisions of the Act—

• (a) section 50 (widowed mother’s allowance);

• (b) section 51 (widowed parent’s allowance);

• (c) section 67 and Schedule 8 so far as they relate to the repeal of paragraphs 26 and 28 of Schedule 3 to the Tax Credits Act 2002³.

Transitional and savings provisions

3

• (1) The following provisions of the Local Government Act 2000 continue to have effect after 31st August 2008 in relation to information supplied on or before that date by virtue of section 94 of that Act—

• (a) section 94(4), (5) and (6) (which permits the onward supply of information received by virtue of section 94(3) to a person providing qualifying welfare services); and

• (b) section 95 (under which a person is guilty of an offence if he makes an unauthorised disclosure of information).

• (2) Paragraph (1) applies notwithstanding article 2(2) (which brings into force on 1st September 2008 the repeal of sections 94 and 95).

• (3) In cases to which article 3(2) of the Tax Credits Act 2002 (Commencement No. 3 and Transitional Provisions and Savings) Order 2003⁴ applies, sections 37 (widowed mother’s allowance)⁵ and 39A (widowed parent’s allowance)⁶ of the Social Security Contributions and Benefits Act 1992⁷ (as they continue to apply by virtue of article 4 of that Order) have effect as if the amendments specified in sections 50 and 51 of the Act had not come into force.

Signed

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

Stephen C. Timms — Minister of State, — Department for Work and Pensions — 4th August 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force the following sections of the Welfare Reform Act 2007 (“the Act”):

• (a) section 42 (information relating to certain benefits);

• (b) section 43 (unlawful disclosure of certain information);

• (c) section 50 (widowed mother’s allowance);

• (d) section 51 (widowed parent’s allowance); and

• (e) section 67 of, and Schedule 8 to, the Act (repeals), so far as they relate to the repeal of—

• (i) sections 94 and 95 of the Local Government Act 2000; and

• (ii) paragraphs 26 and 28 of Schedule 3 to the Tax Credits Act 2002.

Section 42 relates to information sharing for purposes connected with “welfare services” and certain income-related benefits. Section 43 creates an offence of unlawful disclosure of certain information so shared. The Order also brings into force the repeal of sections 94 and 95 of the Local Government Act 2000 which set out, respectively, an existing information sharing provision relating to welfare services and income-related benefits and a related unauthorised disclosure of information provision.

Section 42 is to come into force for the purposes of making regulations and orders on the day after the day on which this Order is made. The other related provisions (and section 42 for remaining purposes) are to come into force on 1st September 2008.

Section 50 amends section 37(2) of the Social Security Contributions and Benefits Act 1992 so that entitlement to widowed mother’s allowance on the ground of being entitled to child benefit is no longer linked to whether one of the conditions specified in section 77(5) of that Act is satisfied. Section 51 amends section 39A(3) of that Act in respect of widowed parent’s allowance in the same way. The Order also brings into force connected repeals.

Sections 50 and 51 and the connected repeals are to come into force on 7th October 2008.

Article 3 sets out transitional and savings provisions. Paragraphs (1) and (2) provide that where persons have been supplied with information pursuant to section 94 of the Local Government Act 2000:

• (a) they will continue to be permitted to supply that information to persons providing qualifying welfare services; and

• (b) it will remain an offence for them, in certain circumstances, to disclose that information without lawful authority.

Paragraph (3) makes transitional provision relating to entitlement to widowed mother’s allowance and widowed parent’s allowance for the cases to which article 3(2) of the Tax Credits Act 2002 (Commencement No. 3 and Transitional Provisions and Savings) Order 2003 applies (broadly speaking, persons entitled to a child dependency increase before 6th April 2003).

A full impact assessment has not been published for this instrument as it has no impact on the private or voluntary sectors.

Footnotes