The Social Fund Winter Fuel Payment (Amendment) Regulations 2024

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 138(2) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992[^f00001] and section 71(1)(a), (2)(a), (3) and (5) of the Scotland Act 2016[^f00002].

In accordance with section 173(1)(a) of the Social Security Administration Act 1992[^f00003], it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient to refer the proposals in respect of these Regulations to the Social Security Advisory Committee.

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Social Fund Winter Fuel Payment (Amendment) Regulations 2024 and come into force immediately before the Social Fund Winter Fuel Payment Regulations 2024[^f00004] come into force.

• (2) These Regulations extend to England and Wales and Scotland.

Amendments to the Social Fund Winter Fuel Payment Regulations 2024

2

• (1) The Social Fund Winter Fuel Payment Regulations 2024 are amended as follows.

• (2) In regulation 7(1) (revocations) after “Regulations” insert “and Orders”.

• (3) In Schedule 2—

• (a) in the heading after “Regulations” insert “and Orders”;

• (b) in the heading to the first column of the table after “Regulations” insert “and Orders”;

• (c) in the table—

• (i) in the entry relating to the Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005[^f00005], in the third column, for “Paragraph 34” substitute “Paragraph 32”;

• (ii) in the entry relating to the Health and Social Care Act 2008 (Miscellaneous Consequential Amendments) Order 2010[^f00006], in the third column, for “Regulation 10” substitute “Article 10”.

Signed

Signed by authority of the Secretary of State

Emma Reynolds — Parliamentary Under Secretary of State — Department for Work and Pensions — at 2.50 p.m. on 3rd September 2024

Explanatory note

(This note is not part of the Regulations)

Explanatory Note

These Regulations amend the Social Fund Winter Fuel Payment Regulations 2024 (S.I. 2024/869) (“the 2024 Regulations”) to correct minor errors in regulation 7(1) of, and Schedule 2 to, those Regulations (revocations).

Regulation 7(1) of the 2024 Regulations makes provision for the revocation of various statutory instruments as set out in Schedule 2 to the Regulations. This is amended to make it clear that provisions of both Regulations and Orders are being revoked. The heading to Schedule 2 to the 2024 Regulations and the heading to the first column of the table in that Schedule are similarly amended.

The entry in Schedule 2 to the 2024 Regulations relating to the Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877) is amended so that paragraph 32 of Schedule 3 to that instrument is revoked rather than paragraph 34 of Schedule 3 to that instrument.

The entry in Schedule 2 to the 2024 Regulations relating to the Health and Social Care Act 2008 (Miscellaneous Consequential Amendments) Order 2010 (S.I. 2010/1881) is amended to refer to Article 10 of that instrument rather than to refer incorrectly to Regulation 10.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sectors is foreseen.

Footnotes

[^f00001]: 1992 c. 4. See section 138(4) for the definition of “prescribed”. Section 175(1) is amended by paragraph 29(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).

[^f00002]: 2016 c. 11. See also section 23 which amends Section F1 (social security schemes) in Part 2 of Schedule 5 to the Scotland Act 1998 (c. 46), to give the Scottish Parliament legislative competence over the provision of financial or other assistance for the purposes of meeting or reducing expenses for heating incurred due to cold weather.

[^f00003]: 1992 c. 5.

[^f00004]: S.I. 2024/869.

[^f00005]: S.I. 2005/2877.

[^f00006]: S.I. 2010/1881.

Editorial notes

[^key-37ec6ad49ae9ebe13c93960dd6a06b9a]: Reg. 1 in force at 16.9.2024 (immediately before the Social Fund Winter Fuel Payment Regulations 2024 (S.I. 2024/869) come into force), see reg. 1(1)

[^key-be65434eaa78f1e2a2132ca4de34a98f]: Reg. 2 in force at 16.9.2024 (immediately before the Social Fund Winter Fuel Payment Regulations 2024 (S.I. 2024/869) come into force), see reg. 1(1)