The Welfare Reform Act 2012 (Commencement No.6 and Savings Provisions) Order 2012

• Citation: S.I. 2012/3090
• Sections: 3

Section 1 Citation and interpretation

(1) This Order may be cited as the Welfare Reform Act 2012 (Commencement No.6 and Savings Provisions) Order 2012.

(2) In this Order—

“the 1998 Act ” means the Social Security Act 1998 ;

“ the Act ” means the Welfare Reform Act 2012;

“the Administration Act ” means the Social Security Administration Act 1992 ; and

“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ;

“budgeting loan” means a budgeting loan under section 138(1)(b) of the Contributions and Benefits Act;

“community care grant” means a community care grant under section 138(1)(b) of the Contributions and Benefits Act;

“crisis loan” means a crisis loan under section 138(1)(b) of the Contributions and Benefits Act.

Section 2 Appointed days

(1) Subject to article 3, 1st April 2013 is the day appointed for the coming into force of the following provisions of the Act—

(a) section 70(1) and (3) to (10) (ending of discretionary payments);

(b) section 73 (external provider social loans and community care grants);

(c) paragraphs 1 to 3 of Schedule 8 (social fund discretionary payments: consequential amendments);

(d) in Part 8 of Schedule 14 (social fund: ending of discretionary payments: repeals) the repeals relating to—

(i) sections 138 , 139 and 140 of the Contributions and Benefits Act;

(ii) sections 12 and 168 of the Administration Act;

(iii) sections 8(1)(b) , 9(1), 10(1) , 36 and 38 of the 1998 Act.

(2) 1st August 2013 is the day appointed for the coming into force of the following provisions of the Act—

(a) section 70(2) (abolition of the social fund Commissioner);

(b) paragraph 4 of Schedule 8;

(c) in Part 8 of Schedule 14 the repeals relating to—

(i) Schedule 2 to the Parliamentary Commissioner Act 1967 ;

(ii) Schedule 1 to the Superannuation Act 1972 ;

(iii) Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 ;

(iv) Part 1 of Schedule 4 to the Administration Act ;

(v) section 37 of the 1998 Act ;

(vi) Part 6 of Schedule 1 to the Freedom of Information Act 2000 .

Section 3 Savings provisions

(1) Notwithstanding any repeal made by section 70(1) of the Act, or Part 8 of Schedule 14 to the Act, and except as provided in paragraph (3), the provisions listed in paragraph (2) continue to have effect on and after 1st April 2013 in so far as they relate to—

(a) budgeting loans;

(b) community care grants and crisis loans in cases where the application for the community care grant or crisis loan was made before 1st April 2013.

(2) The provisions are—

(a) the following provisions of the Contributions and Benefits Act—

(i) in section 138(1), paragraph (b) and the “and” preceding it;

(ii) section 138(3) and (5) ;

(iii) sections 139 and 140;

(b) sections 12 and 168 of the Administration Act ;

(c) the following provisions of the 1998 Act —

(i) section 8(1)(b);

(ii) in section 9(1), the words “Subject to section 36(3) below”;

(iii) in section 10(1), the words “and section 36(3)”;

(iv) section 36;

(v) section 38;

(d) the Social Fund (Applications and Miscellaneous Provisions) Regulations 2008 ;

(e) the Social Fund (Application for Review) Regulations 1988 .

(3) The provisions listed in paragraph (4) of this article—

(a) continue to have effect on and after 1st April 2013 in relation to budgeting loans, community care grants or crisis loans only in relation to cases where the application for a budgeting loan, community care grant or crisis loan was made before 1st April 2013; and

(b) cease to have effect (whether in relation to budgeting loans, community care grants or crisis loans) after the end of 31st July 2013.

(4) The provisions are—

(a) section 38(3) to (5) of the 1998 Act, and section 38(6) to (13) in so far as relevant to review by a social fund inspector under section 38(3) or (5) of that Act;

(b) regulation 2(1)(b) of the Social Fund (Application for Review) Regulations 1988, and the remainder of regulation 2 in so far as applying to review by a social fund inspector under regulation 2(1)(b) of those Regulations.