The Welfare Reform Act 2007 (Commencement No. 10, Transitional and Savings Provisions) Order 2009

Made: 23rd March 2009

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[^f00001].

Citation and interpretation

1

• (1) This Order may be cited as the Welfare Reform Act 2007 (Commencement No. 10, Transitional and Savings Provisions) Order 2009.

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

Appointed days

2

27th March 2009 is the day appointed for the coming into force of the following provisions of the Act—

• (a) section 36 (supply of information by rent officers);

• (b) section 67 and Schedule 8 (repeals) in so far as those provisions relate to the partial repeal of sections 37(2) (widowed mother’s allowance) and 39A(3) (widowed parent’s allowance) of the Social Security Contributions and Benefits Act 1992[^f00002].

Transitional and savings provision

3

In cases to which article 3(2) of the Tax Credits Act 2002 (Commencement No. 3 and Transitional Provisions and Savings) Order 2003[^f00003] applies, sections 37 (widowed mother’s allowance) and 39A (widowed parent’s allowance) of the Social Security Contributions and Benefits Act 1992 (as they continue to apply by virtue of article 4 of that Order) have effect as if the repeals specified in article 2(b) of this Order had not come into force.

Signed

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

Kitty Ussher — Parliamentary Under-Secretary of State — Department for Work and Pensions — 23rd March 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force the following provisions of the Welfare Reform Act 2007—

• (a) section 36 (supply of information by rent officers), and

• (b) section 67 and Schedule 8 (repeals) so far as they relate to the partial repeal of sections 37(2) (widowed mother’s allowance) and 39A(3) (widowed parent’s allowance) of the Social Security Contributions and Benefits Act 1992.

Article 2 (a) provides for the commencement of section 36 which inserts section 122F into the Social Security Administration Act 1992. Section 122F enables the Secretary of State to require a rent officer to supply housing benefit information to the Secretary of State for use for purposes listed in that section.

Article 2 (b) provides for the commencement of section 67 and Schedule 8 (repeals) so far as they relate to the partial repeal of sections 37(2) and 39A(3) of the Social Security Contributions and Benefits Act 1992. These repeals are consequential on the commencement of sections 50 and 51 of the 2007 Act made by the Welfare Reform Act 2007 (Commencement No. 7, Transitional and Savings Provisions) Order 2008 ([S.I. 2008/2101](https://www.legislation.gov.uk/uksi/2008/2101)).

Article 3 makes transitional and savings provision relating to article 2(b). It concerns 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 produced for this instrument as it has no impact on the private or voluntary sectors.

Footnotes

[^f00001]: 2007 c.5.

[^f00002]: 1992 c.4. Section 37 was amended by paragraphs 24 and 26 of Schedule 3 to the Tax Credits Act 2002 (c.21), section 254(1) of, and paragraph 18 of Schedule 24 to, the Civil Partnership Act 2004 (c.33) and section 1(3) of, and paragraphs 1 and 2 of Schedule 1 to, the Child Benefit Act 2005 (c.6). Section 39A was inserted by section 55(2) of the Welfare Reform and Pensions Act 1999 (c.30) and amended by paragraphs 24 and 28 of Schedule 3 to the Tax Credits Act 2002, section 254(1) of, and paragraph 20 of Schedule 24 to, the Civil Partnership Act 2004 and section 1(3) of, and paragraphs 1 and 3 of Schedule 1 to, the Child Benefit Act 2005.

[^f00003]: S.I. 2003/938.