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Statutory Instruments

1991 No. 2448

SOCIAL SECURITY

The Social Fund Cold Weather Payments (General) Amendment No. 3 Regulations 1991

Made

25th October 1991

Laid before Parliament

25th October 1991

Coming into force

1st November 1991

The Secretary of State for Social Security, in exercise of powers conferred by sections 32(2A) and 84(1) of the Social Security Act 1986(1) and section 166(1) to (3A) of the Social Security Act 1975(2), and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals to make these Regulations should not be referred to it(3), hereby makes the following Regulations:

Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment No. 3 Regulations 1991 and shall come into force on 1st November 1991 immediately after the coming into force of the Social Fund Cold Weather Payments (General) Amendment No. 2 Regulations 1991(4).

(2) In these Regulations "the Cold Weather Payments Regulations" means the Social Fund Cold Weather Payments (General) Regulations 1988(5).

Insertion of Regulation 1A of the Cold Weather Payments Regulations

2. After regulation 1 of the Cold Weather Payments Regulations (citation, com mencement and interpretation) there shall be inserted the following regulation-�

"Prescribed description of persons

1A. The description of persons prescribed as persons to whom a payment may be made out of the Social Fund to meet expenses for heating under section 32(2A) of the Act is claimants who have been awarded income support in respect of at least one day during the recorded or the forecasted period of cold weather specified in regulation 2(1)(a) and either-�

(i)whose applicable amount includes one or more of the premiums specified in paragraphs 9 to 14 of Part III of Schedule 2 to the General Regulations; or

(ii)whose family includes a member aged less than 5.".

Amendment of regulation 2 of the Cold Weather Payments Regulations

3. Regulation 2 of the Cold Weather Payments Regulations (prescribed circum-stances)(6) shall be amended in accordance with the following provisions of this Regulation, namely-�

(a)in paragraph (1)(b), at the end the word "; and" shall be omitted;

(b)paragraph (1)(c) shall be omitted;

(c)in paragraph (5)(a) after the words "a claimant" there shall be inserted the words "falls within the description of persons prescribed in Regulation 1A and";

(d)in paragraph (5)(c) for the words "satisfy the prescribed circumstances in paragraph (1)(c)" there shall be substituted the words "fall within the description of persons prescribed in Regulation 1A".

Signed by authority of the Secretary of State for Social Security.

Ann Widdecombe

Parliamentary Under-Secretary of State,

Department of Social Security

25th October 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Fund Cold Weather Payments (General) Regulations 1988 by prescribing the description of persons who may receive a cold weather payment.

(1)

1986 c. 50; section 32(2A) was inserted by section 11 of and paragraph 2 of Schedule 3 to the Social Security Act 1988 (c. 7); section 84(1) is an interpretation provision and is cited because of the meanings assigned to the words "prescribed" and "regulations".

(2)

1975 c. 14; section 166(3) was amended by paragraph 10(1) of Schedule 8 to the Social Security Act 1989 (c. 24); section 166(3A) was inserted by section 62(1) of the Social Security Act 1986 and section 166(1) to (3A) is applied by section 83(1) of that Act.

(3)

See The Social Security Act 1986 (c. 50), section 61(1)(b) and (10). The Social Security Act 1989 (c. 24), Schedule 8, added a definition of "regulations" to section 61(10) of the Social Security Act 1986.

(4)

S.I. 1991/2238.

(5)

S.I. 1988/1724, amended by S.I. 1988/1908, 1989/2388, 1990/580, 2302, 1991/251 and 2238.

(6)

Regulation 2 was substituted by S.I. 1991/2238.