Contents
Final
34Power to make consequential provision#
(1)The Secretary of State may by regulations make such amendments and revocations of subordinate legislation (whenever made) as appear to the Secretary of State to be necessary or expedient in consequence of any provision of this Act.
(2)In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978.
(3)Regulations under this section must be made by statutory instrument.
(4)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
35Extent#
(1)The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland—
(a)section 1 (full employment: reporting obligation);
(b)section 4 (children living in low-income households),
(c)sections 5, 6 and 7 (life chances);
(d)section 11(2) and (6) (freeze of rates of child benefit for four tax years);
(e)section 12 and paragraph 2 of Schedule 1 (freeze of certain tax credit amounts for four tax years);
(f)section 13 (changes to child tax credit);
(g)section 34, this section, section 36 and section 37.
(2)The following provisions of this Act extend to England and Wales—
(a)section 2 (apprenticeships reporting obligation);
(b)section 3 (support for troubled families: reporting obligation);
(c)sections 23 to 33 and Schedule 2 (reduction in social housing rents).
(3)The following provisions of this Act extend to England and Wales and Scotland—
(a)sections 8, 9 and 10 (benefit cap and review of benefit cap);
(b)section 11(1), (3), (4) and (5) and paragraph 1 of Schedule 1 (freeze of certain social security benefits for four tax years);
(c)section 14 (changes to child element of universal credit);
(d)section 15 (employment and support allowance: work-related activity component);
(e)section 16 (universal credit: limited capability for work element);
(f)section 17 (universal credit: work-related requirements);
(g)sections 18 to 21 (loans for mortgage interest etc);
(h)section 22 (expenses of paying sums in respect of vehicle hire etc).
36Commencement#
(1)The following provisions of this Act come into force on the day on which it is passed—
(a)section 9(6) and (7);
(b)sections 11 and 12 and Schedule 1;
(c)section 23(3) and (4);
(d)section 25;
(e)paragraphs 6 and 9 of Schedule 2 and section 26, so far as relating to paragraphs 6 and 9;
(f)section 34, section 35, this section and section 37.
(2)The following provisions of this Act come into force at the end of the period of two months beginning on the day on which it is passed—
(a)section 1;
(b)section 2;
(c)section 4;
(d)sections 5, 6 and 7.
(3)Sections 8 and 9(1) to (5) come into force—
(a)for the purposes of making regulations, on the day on which this Act is passed;
(b)for remaining purposes, on such day or days as the Secretary of State may by regulations appoint.
(4)Section 13 comes into force—
(a)for the purposes of making regulations, on the day on which this Act is passed;
(b)for remaining purposes, on 6 April 2017.
(5)Sections 23, 24 and 26 to 33 and Schedule 2, so far as not brought into force by subsection (1), come into force—
(a)for the purposes of making regulations, on the day on which this Act is passed;
(b)for remaining purposes, on such day or days as the Secretary of State may by regulations appoint.
(6)The remaining provisions of this Act come into force on such day or days as the Secretary of State may by regulations appoint.
(7)Regulations under subsection (3), (5) or (6) may—
(a)appoint different days for different areas;
(b)appoint different days for different cases or purposes.
(8)Regulations under subsection (3), (5) or (6) may make such transitional or transitory provision or savings as the Secretary of State considers necessary or expedient in connection with the coming into force of the provisions to which they relate.
(9)Section 176 of the Social Security Administration Act 1992 (consultation with representative organisations) does not apply in relation to regulations under this section so far as relating to section 8 or 9.
(10)Regulations under this section must be made by statutory instrument.
Reports
1Full employment: reporting obligation#
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2Apprenticeships reporting obligation#
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3Support for troubled families: reporting obligation#
(1)Before the start of each financial year, the Secretary of State must issue a notice—
(a)specifying the descriptions of relevant households as regards which support provided by a local authority may constitute relevant support;
(b)specifying the matters by reference to which the progress made by a household that receives relevant support from a local authority in that year will be measured.
(2)The ways in which relevant households may be described under subsection (1)(a) include describing relevant households by reference to problems that they have.
(3)In each financial year, the Secretary of State must prepare a report about the progress made by relevant households to which local authorities have provided relevant support.
(4)A report prepared under this section may include material about progress made by relevant households to which local authorities have provided support similar to relevant support in periods falling before the coming into force of this section.
(5)A report prepared under this section may compare the progress made by such relevant households as are described in subsection (3) or (4) relative to other households in England.
(6)The Secretary of State must lay before Parliament a report prepared under this section.
(7)A report prepared under this section must be laid before Parliament before the end of the financial year in which it is prepared.
(8)For the purposes of this section, support provided by a local authority in a financial year is relevant support if—
(a)it is provided to a relevant household of a description specified under subsection (1)(a) in respect of that financial year,
(b)it is directed towards achieving progress in respect of the matters specified under subsection (1)(b) in respect of that financial year, and
(c)the Secretary of State pays a grant to the local authority under section 31 of the Local Government Act 2003 in respect of expenditure incurred or to be incurred on that support.
(9)In this section—
(b)a reference to support provided by a local authority includes a reference to support provided under arrangements made by the local authority.
(10)In this section—• “child” means—(a) a person who has not attained the age of 16;(b) a person who is 16, 17 or 18 and is in full-time education;(c) a person who is 16, 17 or 18, is not in employment or full-time education and is a member of the same household as the person's parent;(d) a person who has attained the age of 16 but not the age of 25 and for whom an EHC plan is maintained under section 37 of the Children and Families Act 2014 or a statement of special educational needs is maintained under section 324 of the Education Act 1996;• “education” includes training;• “financial year” means—(a) a period starting with the day on which this section comes into force and ending with the following 31 March;(b) except where paragraph (a) applies, a period of 12 months ending with 31 March;• “household” means a group of two or more persons who—(a) have the same only or main residence, and(b) share living accommodation or one meal each day;• “local authority” means—(a) a county council in England;(b) a district council for an area in England for which there is no county council;(c) a London borough council;(d) the Common Council of the City of London, in its capacity as a local authority;(e) the Council of the Isles of Scilly;• “parent”, in relation to a person, includes an individual—(a) who is not a parent of the person but does have parental responsibility for the person, or(b) who has care of the person;• “relevant household” means a household that includes—(a) a child, and(b) a person who is that child's parent.
(11)In relation to the first financial year in which this section is in force—
(a)the requirement in subsection (1) to issue a notice before the beginning of a financial year is to be treated as a requirement to issue a notice after this section comes into force;
(b)the requirement in subsection (3) may be satisfied by a report that includes only such material as is described in subsection (4).
Children living in low-income households
4Publication of data on children living in low-income households#
(1)Before the end of the financial year beginning with 1 April 2016 and each subsequent financial year the Secretary of State must publish data on the percentage of children in the United Kingdom—
(a)who live in households whose equivalised net income for the relevant financial year is less than 60% of median equivalised net household income for that financial year;
(b)who live in households whose equivalised net income for the relevant financial year is less than 70% of median equivalised net household income for that financial year, and who experience material deprivation;
(c)who live in households whose equivalised net income for the relevant financial year is less than 60% of median equivalised net household income for the financial year beginning 1 April 2010, adjusted to take account of changes in the value of money since that financial year;
(d)who live in households whose equivalised net income has been less than 60% of median equivalised net household income in at least 3 of the last 4 survey periods.
(2)The published data must be accompanied by information on how the Secretary of State has approached the following for the purpose of the data—
(a)the meaning of “child”;
(b)the meaning of “household”;
(d)what is the income of a household for a financial year;
(e)what deductions are made in calculating the net income of a household;
(f)how net household income is equivalised;
(g)when a child experiences material deprivation;
(h)how household income is adjusted to take account of changes in the value of money since the financial year beginning 1 April 2010;
(i)the meaning of “survey period”.
(3)The published data may be accompanied by information as to how and when the references in subsections (1) and (2) to the financial year beginning 1 April 2010 are to be read as references to a later financial year.
(4)In this section—• “equivalised”, in relation to household income, means adjusted to take account of variations in household size and composition;• “financial year” means the 12 months ending with 31 March;• “relevant financial year”, in relation to a financial year in which data is to be published, means the most recent financial year for which the data is available.
Life chances
5Workless households and educational attainment: reporting obligations#
In the Child Poverty Act 2010, before section 1 insert—“A1A 1 The Secretary of State must publish and lay before Parliament a report containing data on—a children living in workless households in England;b children living in long-term workless households in England;c the educational attainment of children in England at the end of Key Stage 4;d the educational attainment of disadvantaged children in England at the end of Key Stage 4.2 The report must set out how the Secretary of State has interpreted the following terms for the purposes of the report—a child;b household;c worklessness;d long-term worklessness;e educational attainment;f disadvantage.3 The data contained in the report, and the provision about how the terms used in it are to be interpreted, must, so far as practicable, be derived from any relevant official statistics.4 The first report must be published before the end of the financial year ending with 31 March 2017.5 Later reports must be published before the end of each subsequent financial year.6 In this section—• “Key Stage 4” means the fourth key stage, within the meaning of Part 6 of the Education Act 2002;• “official statistics” has the meaning given by section 6(1) of the Statistics and Registration Service Act 2007.”
6Social Mobility Commission#
(1)After section A1A of the Child Poverty Act 2010 (inserted by section 5) insert—“A1B 1 The body established by section 8 of this Act continues in existence.2 On and after the commencement date the body is to be called the Social Mobility Commission (in this Act referred to as “the Commission”).3 “The commencement date” is the date on which section 6 of the Welfare Reform and Work Act 2016 comes into force.4 The Commission's functions are those conferred on it by or under this Act.5 Schedule 1 contains further provision about the Commission.A1C 1 The Commission must promote social mobility in England.2 The Commission must on request give advice to a Minister of the Crown about how to improve social mobility in England.3 Advice given under subsection (2) must be published.4 The Commission must publish a report setting out its views on the progress made towards improving social mobility in the United Kingdom.5 The report must also describe, in the case of a report made after the appointed day for Northern Ireland, the measures taken by the Northern Ireland departments in accordance with a Northern Ireland strategy.6 The report may be published as one or more documents as a Minister of the Crown may direct.7 The first report must be published before the end of the financial year ending with 31 March 2017.8 Later reports must be published before the end of each subsequent financial year.9 A Minister of the Crown must lay a report under this section before Parliament.10 A Minister of the Crown may direct the Commission to carry out any other activity relating to improving social mobility in England or Northern Ireland.”
(2)In Schedule 1 to the Child Poverty Act 2010, for the title substitute “ Social Mobility Commission ”.
7Other amendments to Child Poverty Act 2010#
(1)Sections 1 to 11, 15, 17 and 19 to 25 of, and Schedule 2 to, the Child Poverty Act 2010 are repealed.
(2)In the italic heading before section 11, omit “Scottish Ministers and”.
(3)In section 12 (Northern Ireland strategies)—
(a)in subsection (2), omit paragraph (a) (and the “and” immediately after it);
(b)in subsection (3), for “after the beginning of the target year” substitute “ after 31 March 2020 ”;
(c)in subsection (4)(a), for “before the end of the target year” substitute “ before 1 April 2021 ”;
(d)in subsection (4)(a), omit sub-paragraph (i);
(e)in subsection (4)(a)(ii), omit “other”;
(f)in subsection (4)(b), for “by the end of the target year” substitute “ by 31 March 2021 ”;
(g)in subsection (4)(b), omit “otherwise than by contributing to the meeting of the targets”;
(h)in subsection (5), omit paragraph (b) (and the “and” immediately after it);
(i)in subsection (5)(c), for “other” substitute “ the ”;
(j)in subsection (7), omit paragraph (b) (and the “and” immediately after it);
(k)in subsection (7)(c), for “other” substitute “ the ”;
(l)in subsection (8)(b), for “after the end of the target year” substitute “ after 31 March 2021 ”;
(m)in subsection (9)(a), for “before the beginning of the target year” substitute “ before 1 April 2020 ”;
(n)in subsection (9)(b), for “ending with the target year” substitute “ ending with 31 March 2021 ”.
(4)In section 13 (consultation: Scotland and Northern Ireland)—
(a)in subsection (3), omit “a Scottish strategy or”;
(b)in subsection (3), for “devolved administration”, wherever occurring, substitute “ relevant Northern Ireland department ”;
(c)omit subsection (3)(a);
(d)omit subsection (4);
(e)in the section heading, omit “Scotland and”.
(5)In section 16 (economic and fiscal circumstances)—
(a)omit subsections (1) and (2);
(b)for subsection (3) substitute—“3 In preparing a Northern Ireland strategy, the relevant Northern Ireland department must have regard to—a the resources that are or may be available to the Northern Ireland departments, andb the effect of the implementation of the strategy on those resources.”
(6)In section 18 (interpretation of Part 1)—
(a)for subsection (1) substitute—“1 In this Part—• “child” means—(a) a person under the age of 16, or(b) a person who is a qualifying young person for the purposes of Part 9 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (child benefit);• “parent” means—(a) any individual who has parental responsibility for a child, or(b) any other individual with whom a child resides and who has care of the child.”
(b)after subsection (1) insert—“1A In paragraph (a) of the definition of “parent” in subsection (1), the reference to “parental responsibility” is to be read in accordance with the Children (Northern Ireland) Order 1995.”
(c)omit subsections (2) and (3).
(7)For the heading to Part 1 substitute “ Strategies: Northern Ireland ”.
(8)For section 27 (general interpretation) substitute—“27 1 In this Act—• “the Commission” means the Social Mobility Commission;• “financial year” means the 12 months ending with 31 March;• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;• “Northern Ireland strategy” has the meaning given by section 12(2);• “the relevant Northern Ireland department” means the Office of the First Minister and deputy First Minister.2 In this Act “appointed day for Northern Ireland” means such day as a Minister of the Crown may by order with the consent of the Northern Ireland Assembly appoint (and different days may be appointed for the purposes of different provisions of this Act).”
(9)In section 28 (regulations and orders)—
(a)in subsections (1), (2) and (3), omit “regulations or”;
(b)omit subsections (4) and (5);
(10)In section 30 (extent)—
(a)omit subsection (2);
(b)in subsection (3), for “Section 12” substitute “ Part 1 ”;
(c)in subsection (4), for “Part 2 and section 26 extend” substitute “ Section 26 extends ”.
(11)In Schedule 1 (Social Mobility and Child Poverty Commission), in paragraph 1(1) (membership), omit paragraphs (b) and (c).
(c)in the section heading, omit “Regulations and”.
Loans for mortgage interest etc
18Loans for mortgage interest etc#
(1)The Secretary of State may by regulations provide for loans to be made in respect of a person's liability to make owner-occupier payments in respect of accommodation occupied by the person as the person's home.
(2)The regulations may make provision about eligibility to receive a loan under the regulations.
(3)Regulations under subsection (2) may in particular require that a person—
(a)is entitled to receive income support, income-based jobseeker's allowance, income-related employment and support allowance, state pension credit or universal credit;
(b)has received such a benefit for a period prescribed by the regulations.
(4)The regulations may make provision about the liabilities in respect of which a loan under the regulations may be made.
(5)Regulations under subsection (4) may in particular provide that a loan under the regulations may only be made if, and to the extent that, a person's liability to make owner-occupier payments was incurred for purposes prescribed by the regulations.
(6)Regulations under subsection (4) may in particular make provision about—
(a)determining or calculating the amount of a person's liabilities;
(b)the maximum amount of a person's liabilities in respect of which a loan under the regulations may be made.
(7)The regulations may—
(a)make provision about determining or calculating the amount that may be paid by way of loan under the regulations;
(b)require that a loan under the regulations be secured by a mortgage of or charge over a legal or beneficial interest in land or, in Scotland, by a heritable security.
(8)The regulations may define “owner-occupier payment”.
(9)Regulations under this section may make different provision for different purposes.
(10)Regulations under this section must be made by statutory instrument.
(11)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
19Section 18: further provision#
(1)This section makes further provision about regulations under section 18.
(2)The regulations may make provision about—
(a)circumstances in which a person is to be treated as liable or not liable to make owner-occupier payments;
(b)circumstances in which a person is to be treated as occupying or not occupying particular accommodation as a home.
(3)The regulations may include—
(a)provision about applying for a loan;
(b)provision requiring a person to satisfy requirements prescribed by the regulations before a loan may be made under the regulations, including requirements about receiving financial advice;
(c)provision about entering into an agreement (which may contain such terms and conditions as the Secretary of State thinks fit, subject to what may be provided in the regulations);
(d)provision about the time when, and manner in which, a loan must be repaid;
(e)provision about other terms upon which a loan is made;
(f)provision about the payment of interest, including provision prescribing or providing for the determination of the rate of interest;
(g)provision enabling administrative costs to be charged;
(h)provision about adding administrative costs to the amount of a loan;
(i)provision about accepting substituted security.
(4)The regulations may make provision—
(a)requiring that, in circumstances prescribed by the regulations, money lent in respect of a person's liability to make owner-occupier payments—
(i)is paid directly to the qualifying lender;
(ii)is applied by the qualifying lender towards discharging the person's liability to make owner-occupier payments;
(b)for the costs of administering the making of payments to qualifying lenders to be defrayed, in whole or in part, at the expense of the qualifying lenders, whether by requiring them to pay fees prescribed by the regulations, by deducting and retaining such part as may be prescribed by the regulations of the amounts that would otherwise be paid to them or otherwise;
(c)for requiring a qualifying lender, in a case where by virtue of paragraph (b) the amount paid to the lender is less than it would otherwise have been, to credit against the liability in relation to which the amount is paid the amount of the difference (in addition to the payment actually made);
(d)for enabling a body which, or person who, would otherwise be a qualifying lender to elect not to be regarded as a qualifying lender for the purposes of this section (other than this paragraph);
(e)for the recovery from any body or person—
(i)of any sums paid to that body or person by way of payment under the regulations that ought not to have been so paid;
(ii)of any fees or other sums due from that body or person by virtue of paragraph (b);
(f)for cases where the same person is liable to make owner-occupier payments under more than one agreement to make such payments.
(5)The regulations may provide for the Secretary of State to make arrangements with another person for the exercise of functions under the regulations.
(6)The regulations may include—
(a)provision requiring information and documents to be provided;
(b)provision authorising the disclosure of information.
(7)The bodies and persons who are “qualifying lenders” for the purposes of this section are—
(a)a deposit taker;
(b)an insurer;
(c)a county council, a county borough council, a district council, a London Borough Council, the Common Council of the City of London or the Council of the Isles of Scilly;
(d)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
(e)a new town corporation;
(f)other bodies or persons prescribed by regulations under section 18.
(8)In this section—• “deposit taker” means—(a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits, note...(b) note...• “insurer” means—(a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to effect and carry out contracts of insurance, note...(b) note...
(9)The definitions of “deposit taker” and ‘insurer” in this section must be read with—
(a)section 22 of the Financial Services and Markets Act 2000;
(b)any relevant order under that section;
(c)Schedule 2 to that Act.
20Consequential amendments#
(1)Section 15A of the Social Security Administration Act 1992 (payment out of benefit of sums in respect of mortgage interest) is repealed.
(2)In section 170 of the Social Security Administration Act 1992 (Social Security Advisory Committee), in subsection (5)—
(a)in the definition of “the relevant enactments”, after paragraph (an) insert—“ao sections 18, 19 and 21 of the Welfare Reform and Work Act 2016;”
(b)in the definition of “the relevant Northern Ireland enactments”, after paragraph (an) insert—“ao any provisions in Northern Ireland which correspond to sections 18, 19 and 21 of the Welfare Reform and Work Act 2016;”
(3)In section 2 of the Social Security Act 1998 (use of computers), in subsection (2)—
(a)omit the “or” after paragraph (m);
(b)after paragraph (n) insert“or o sections 18 to 21 of the Welfare Reform and Work Act 2016.”
(4)In section 8 of the Social Security Act 1998 (decisions by Secretary of State)—
(a)in subsection (3) (meaning of “relevant benefit”), after paragraph (bb) insert—“bc a loan under section 18 of the Welfare Reform and Work Act 2016;”
(b)in subsection (4) (meaning of “relevant enactment”), for “or section 30 of that Act” substitute “, section 30 of that Act or sections 18 to 21 of the Welfare Reform and Work Act 2016”.
(5)In section 11 of the Social Security Act 1998 (regulations with respect to decisions), in subsection (3), in the definition of “the current legislation”, for “and section 30 of that Act” substitute “, section 30 of that Act and sections 18 to 21 of the Welfare Reform and Work Act 2016”.
(6)In section 28 of the Social Security Act 1998 (correction of errors and setting aside of decisions), in subsection (3)—
(a)omit the “or” after paragraph (i);
(b)after paragraph (j) insert“; or k sections 18 to 21 of the Welfare Reform and Work Act 2016.”
(7)In section 39 of the Social Security Act 1998 (interpretation etc of Chapter 2 of Part 1), after subsection (1) insert—“1A In this Chapter—a a reference to a benefit includes a reference to a loan under section 18 of the Welfare Reform and Work Act 2016;b a reference to a claim for a benefit includes a reference to an application for a loan under section 18 of the Welfare Reform and Work Act 2016;c a reference to a claimant includes a reference to an applicant for a loan under section 18 of the Welfare Reform and Work Act 2016 or, in relation to a couple jointly applying for a loan under that section, a reference to the couple or either member of the couple;d a reference to an award of a benefit to a person includes a reference to a decision that a person is eligible for a loan under section 18 of the Welfare Reform and Work Act 2016;e a reference to entitlement to a benefit includes a reference to eligibility for a loan under section 18 of the Welfare Reform and Work Act 2016.”
(8)In section 3A of the State Pension Credit Act 2002 (housing credit), in subsection (5)(a), omit the words from “(and,” to “payments)”.
(9)In section 11 of the Welfare Reform Act 2012 (universal credit: amount in respect of housing costs), in subsection (3)(a), omit the words from “(and,” to “payments)”.
(10)In section 131 of the Welfare Reform Act 2012 (information-sharing in relation to welfare services etc), in subsection (12), in the definition of “relevant social security benefit” for the words from “has” to the end substitute“means— a a relevant social security benefit as defined in section 121DA(7) of the Social Security Administration Act 1992, orb a loan under section 18 of the Welfare Reform and Work Act 2016 (loans for mortgage interest etc);”
(11)The following provisions are repealed—
(b)in the Jobseekers Act 1995, paragraph 40(3)(b) and (4) of Schedule 2;
(c)in the State Pension Credit Act 2002, paragraph 9 of Schedule 2;
(d)in the Civil Partnership Act 2004, paragraph 57 of Schedule 24;
(e)in the Welfare Reform Act 2007, paragraph 10(5) of Schedule 3;
(f)in the Welfare Reform Act 2012—
(i)in Schedule 2, paragraph 6;
(ii)in Schedule 4, paragraph 11;
(g)in the Financial Services Act 2012, paragraph 74(2) of Schedule 18.
21Transitional provision#
(1)Regulations made by the Secretary of State may make such transitional or transitory provision or savings as the Secretary of State considers necessary or expedient in connection with the coming into force of sections 18 to 20.
(2)The regulations may include provision for temporarily excluding the making of a loan under regulations under section 18 after the coming into force of sections 18 to 20.
(3)Regulations under subsection (2) may in particular—
(a)provide for a temporary exclusion to continue until a time or times specified in a notice issued by the Secretary of State;
(b)enable the Secretary of State to issue notices under paragraph (a) specifying different times for different persons or descriptions of person.
(4)The regulations may include provision for enabling assistance with payments in respect of accommodation occupied as a home to be given by means of a qualifying benefit after the coming into force of sections 18 to 20 (including where the making of loans is temporarily excluded).
(5)Regulations under subsection (4) may in particular—
(a)provide for legislation that has been repealed or revoked to be treated as having effect;
(b)provide for assistance by means of a qualifying benefit to continue until a time or times specified in a notice issued by the Secretary of State;
(c)enable the Secretary of State to issue notices under paragraph (b) specifying different times for different persons or descriptions of person.
(6)In this section “qualifying benefit” means income support, income-based jobseeker's allowance, income-related employment and support allowance, state pension credit or universal credit.
(7)Regulations under this section may make different provision for different areas, cases or purposes.
(8)Regulations under this section must be made by statutory instrument.
(9)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
Welfare benefits
8Benefit cap#
(1)Section 96 of the Welfare Reform Act 2012 (benefit cap) is amended as follows.
(2)For subsection (5) (meaning of the “relevant amount”) substitute—“5 Regulations under this section may make provision for determining the “relevant amount” for the reference period applicable in the case of a single person or couple by reference to the annual limit applicable in the case of that single person or couple.5A For the purposes of this section the “annual limit” is—a £23,000 or £15,410, for persons resident in Greater London;b £20,000 or £13,400, for other persons.5B Regulations under subsection (5) may—a specify which annual limit applies in the case of—i different prescribed descriptions of single person;ii different prescribed descriptions of couple;b define “resident” for the purposes of this section;c provide for the rounding up or down of an amount produced by dividing the amount of the annual limit by the number of periods of a duration equal to the reference period in a year.”
(3)Subsections (6) to (8) (provision about estimated average earnings) are omitted.
(4)In subsection (10), in the definition of “welfare benefit”, for the words from “means” to the end substitute“means— a bereavement allowance (see section 39B of the Social Security Contributions and Benefits Act 1992),b child benefit (see section 141 of the Social Security Contributions and Benefits Act 1992),c child tax credit (see section 1(1)(a) of the Tax Credits Act 2002),d employment and support allowance (see section 1 of the Welfare Reform Act 2007), including income-related employment and support allowance (as defined in section 1(7) of the Welfare Reform Act 2007),e housing benefit (see section 130 of the Social Security Contributions and Benefits Act 1992),f incapacity benefit (see section 30A of the Social Security Contributions and Benefits Act 1992),g income support (see section 124 of the Social Security Contributions and Benefits Act 1992),h jobseeker's allowance (see section 1 of the Jobseekers Act 1995), including income-based jobseeker's allowance (as defined in section 1(4) of the Jobseekers Act 1995),i maternity allowance under section 35 or 35B of the Social Security Contributions and Benefits Act 1992,j severe disablement allowance (see section 68 of the Social Security Contributions and Benefits Act 1992),k universal credit,l widow's pension (see section 38 of the Social Security Contributions and Benefits Act 1992),m widowed mother's allowance (see section 37 of the Social Security Contributions and Benefits Act 1992), orn widowed parent's allowance (see section 39A of the Social Security Contributions and Benefits Act 1992).”
(5)Subsection (11) (benefits that regulations may not prescribe as welfare benefits) is omitted.
(6)In section 97 of the Welfare Reform Act 2012 (benefit cap: supplementary)—
(a)subsection (3) (procedure for first regulations under section 96) is omitted;
(b)in subsection (4), omit “other”.
(7)Paragraph 52 of Schedule 12 to the Pensions Act 2014 is omitted.
(8)Regulations made by the Secretary of State may make such transitional or transitory provision or savings as the Secretary of State considers necessary or expedient in connection with the coming into force of subsections (1) to (6).
(9)Regulations under subsection (8) may in particular—
(a)provide for section 96 to have effect as if the amendments made by subsections (2) to (5) and (7) had not been made, in relation to such persons or descriptions of persons as are specified in the regulations or generally, until a time or times specified in a notice issued by the Secretary of State;
(b)provide for the Secretary of State to issue notices under paragraph (a) specifying different times for different persons or descriptions of person;
(c)make provision about the issuing of notices under paragraph (a), including provision for the Secretary of State to issue notices to authorities administering housing benefit that have effect in relation to persons specified, or persons of a description specified, in the notices.
(10)Section 176 of the Social Security Administration Act 1992 (consultation with representative organisations) does not apply in relation to regulations under subsection (8).
(11)Regulations under subsection (8) must be made by statutory instrument.
(12)A statutory instrument containing regulations under subsection (8) is subject to annulment in pursuance of a resolution of either House of Parliament.
9Review of benefit cap#
(1)After section 96 of the Welfare Reform Act 2012 insert—“96A 1 The Secretary of State must at least once in each Parliament review the sums specified in section 96(5A) to determine whether it is appropriate to increase or decrease any one or more of those sums.2 The Secretary of State may, at any other time the Secretary of State considers appropriate, review the sums specified in section 96(5A) to determine whether it is appropriate to increase or decrease any one or more of those sums.3 In carrying out a review, the Secretary of State must take into account—a the national economic situation, andb any other matters that the Secretary of State considers relevant.4 After carrying out a review, the Secretary of State may, if the Secretary of State considers it appropriate, by regulations amend section 96(5A) so as to increase or decrease any one or more of the sums specified in section 96(5A).5 Regulations under subsection (4) may provide for amendments of section 96(5A) to come into force—a on different days for different areas;b on different days for different cases or purposes.6 Regulations under subsection (4) may make such transitional or transitory provision or savings as the Secretary of State considers necessary or expedient in connection with the coming into force of any amendment made by regulations under subsection (4).7 Regulations under subsection (6) may in particular—a provide for section 96(5A) to have effect as if the amendments made by regulations under subsection (4) had not been made, in relation to such persons or descriptions of persons as are specified in the regulations or generally, until a time or times specified in a notice issued by the Secretary of State;b provide for the Secretary of State to issue notices under paragraph (a) specifying different times for different persons or descriptions of person;c make provision about the issuing of notices under paragraph (a), including provision for the Secretary of State to issue notices to authorities administering housing benefit that have effect in relation to persons specified, or persons of a description specified, in the notices.8 Section 176 of the Social Security Administration Act 1992 (consultation with representative organisations) does not apply in relation to regulations under subsection (4).9 If an early parliamentary general election is to take place in accordance with section 2 of the Fixed-term Parliaments Act 2011, the duty in subsection (1) is to be disregarded.”
(2)Section 97 of the Welfare Reform Act 2012 (benefit cap: supplementary) is amended as follows.
(3)In subsection (1), after “96” insert “ or 96A ”.
(4)In subsection (2), after “96” insert “ or 96A ”.
(5)After subsection (4) insert—“4A A statutory instrument containing regulations under section 96A may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
(6)Subsection (5) is omitted.
(7)In section 150 of the Social Security Administration Act 1992 (annual up-rating of benefits), subsection (7A) (review of the benefit cap) is omitted.
10Benefit cap: Social Security Advisory Committee#
(1)In section 170 of the Social Security Administration Act 1992 (Social Security Advisory Committee), in subsection (5)—
(a)in the definition of “the relevant enactments”, after paragraph (al) insert—“ala sections 96 to 97 of that Act;”
(b)in the definition of “the relevant Northern Ireland enactments”, after paragraph (al) insert—“ala any provisions in Northern Ireland which correspond to sections 96 to 97 of that Act;”
(2)In Schedule 7 to the Social Security Administration Act 1992 (regulations not requiring prior submission), in Part 1 (Social Security Advisory Committee), after paragraph 3 insert—“3A Regulations under section 96A of the Welfare Reform Act 2012.”
11Freeze of certain social security benefits for four tax years#
(1)For each of the tax years ending with 5 April 2017, 5 April 2018, 5 April 2019 and 5 April 2020, the amount of each of the relevant sums is to remain the same as it was in the tax year ending with 5 April 2016.
(3)A review under section 150(1) of the Social Security Administration Act 1992 (review of whether certain benefits have retained their value) in the tax years ending with 5 April 2016, 5 April 2017, 5 April 2018 and 5 April 2019 need not cover any of the relevant sums or the rates of child benefit.
(4)A draft up-rating order which is laid before Parliament under section 150(2) of that Act in the tax years ending with 5 April 2016, 5 April 2017, 5 April 2018 and 5 April 2019 need not cover any of the relevant sums or the rates of child benefit.
(5)In each of the tax years ending with 5 April 2016, 5 April 2017, 5 April 2018 and 5 April 2019, the Secretary of State must lay before Parliament a copy of a report by the Government Actuary or the Deputy Government Actuary giving that Actuary's opinion on the likely effect of the provision in subsection (1) on the National Insurance Fund in the following tax year, so far as that provision relates to any sums payable out of the Fund.
(6)In this section—• “child benefit”—(a) in relation to England and Wales and Scotland, has the same meaning as in Part 9 of the Social Security Contributions and Benefits Act 1992;(b) in relation to Northern Ireland, has the same meaning as in Part 9 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;• “the relevant sums” means the sums described in paragraph 1 of Schedule 1;• “tax year” means a period beginning with 6 April in one year and ending with 5 April in the next.
12Freeze of certain tax credit amounts for four tax years#
(1)For each of the tax years ending with 5 April 2017, 5 April 2018, 5 April 2019 and 5 April 2020, each of the relevant amounts is to remain the same as it was in the tax year ending with 5 April 2016.
(2)A review under section 41 of the Tax Credits Act 2002 (review of whether certain tax credit amounts have retained their value) in the tax years ending with 5 April 2016, 5 April 2017, 5 April 2018 and 5 April 2019 need not cover any of the relevant amounts.
(3)In this section—• “the relevant amounts” means the amounts described in paragraph 2 of Schedule 1;• “tax year” means a period beginning with 6 April in one year and ending with 5 April in the next.
13Changes to child tax credit#
(1)Section 9 of the Tax Credits Act 2002 (maximum rate of child tax credit) is amended as follows.
(2)In subsection (2)—
(b)at the end insert“, and c an element which is to be included in the case of a child or qualifying young person who is disabled or severely disabled.”
(3)In subsection (3), at the end insert “ and that specified in paragraph (c) of that subsection is to be known as the disability element of child tax credit ”.
(4)After subsection (3) insert—“3A Subsection (3B) applies in the case of a person or persons entitled to child tax credit where the person is, or either or both of them is or are, responsible for a child or qualifying young person born on or after 6 April 2017.3B The prescribed manner of determination in relation to the person or persons must not include an individual element of child tax credit in respect of the child or qualifying young person unless—a he is (or they are) claiming the individual element of child tax credit for no more than one other child or qualifying young person, orb a prescribed exception applies.”
14Changes to child element of universal credit#
(1)Section 10 of the Welfare Reform Act 2012 (responsibility for children and young persons) is amended as set out in subsections (2) to (4).
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In subsection (2)—
(a)for “if such a” substitute “ for each ”;
(b)after “person” insert “ for whom a claimant is responsible who ”.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In the Universal Credit Regulations 2013 (S.I. 2013/376)—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in regulation 36 (table showing amount of elements), in the table—
(6)The Secretary of State may by regulations make such transitional or transitory provision or savings as the Secretary of State considers necessary or expedient in connection with the coming into force of this section.
(7)Regulations under subsection (6) must be made by statutory instrument.
(8)A statutory instrument containing regulations under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.
15Employment and support allowance: work-related activity component#
(1)Part 1 of the Welfare Reform Act 2007 (employment and support allowance) is amended as follows.
(2)In section 2 (amount of contributory allowance)—
(a)in subsection (1)(b), omit “or the work-related activity component”;
(b)omit subsection (3);
(c)in subsection (4), in each of paragraphs (a), (b) and (c), omit “or (3)”.
(3)In section 4 (amount of income-related allowance) (so far as it remains in force)—
(a)in subsection (2)(b), omit “or the work-related activity component”;
(b)omit subsection (5);
(c)in subsection (6), in each of paragraphs (a), (b) and (c), omit “or (5)”.
(4)The Secretary of State may by regulations make such transitional or transitory provision or savings as the Secretary of State considers necessary or expedient in connection with the coming into force of subsections (1) to (3).
(5)Regulations under subsection (4) may in particular make provision about including a work-related activity component in an award of employment and support allowance that is converted under paragraph 7 of Schedule 4 to the Welfare Reform Act 2007 from an award of incapacity benefit, severe disablement allowance or income support after the coming into force of subsections (1) to (3).
(6)Regulations under this section must be made by statutory instrument.
(7)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
16Universal credit: limited capability for work element#
In section 12(2) of the Welfare Reform Act 2012 (universal credit: particular needs or circumstances), omit paragraph (a).
17Universal credit: work-related requirements#
(1)In Chapter 2 of Part 1 of the Welfare Reform Act 2012 (claimant responsibilities)—
(a)in section 20(1)(a) (claimants subject to work-focused interview requirement only), for the words from “at least 1” to “3)” substitute “ 1 ”;
(b)in section 21(1) (claimants subject to work preparation requirement), after paragraph (a) (but before the “or” immediately after it) insert—“aa the claimant is the responsible carer for a child who is aged 2,”
(c)omit section 21(5) (claimants of prescribed description to include responsible carers of children aged 3 or 4).
(2)In the Universal Credit Regulations 2013 (S.I. 2013/376)—
(a)in regulation 91 (claimants subject to work-focused interview requirement only), omit paragraph (1);
(b)regulation 91A (claimants subject to work preparation requirement) is revoked.
Schedule 1 · Meaning of “the relevant sums” and “the relevant amounts”
(1)“The relevant sums” for the purposes of section 11 are the sums—
(a)specified in paragraph 1 of Schedule 2 to the Income Support (General) Regulations 1987 (S.I. 1987/1967);
(b)specified in paragraph 1 of Schedule 3 to the Housing Benefit Regulations 2006 (S.I. 2006/213);
(c)specified in paragraph 25 of Schedule 3 to the Housing Benefit Regulations 2006 (S.I. 2006/213);
(d)specified in regulations under section 4(2) of the Jobseekers Act 1995;
(e)specified in paragraph 1 of Schedule 1 to the Jobseeker's Allowance Regulations 1996 (S.I. 1996/207);
(f)specified in regulations under section 2(1)(a) of the Welfare Reform Act 2007;
(g)specified in regulations under section 2(4)(c) of the Welfare Reform Act 2007, so far as relating to the component under section 2(3) of that Act;
(h)specified in paragraph 1 of Schedule 4 to the Employment and Support Allowance Regulations 2008 (S.I. 2008/794);
(i)specified in regulations under section 4(6)(c) of the Welfare Reform Act 2007, so far as relating to the component under section 4(5) of that Act;
(j)specified in regulations under section 9(2) of the Welfare Reform Act 2012;
(k)specified in regulations under section 10(3) of the Welfare Reform Act 2012 in respect of an amount to be included under section 10(2) of that Act (but where more than one sum is so specified, only the smaller or smallest of those sums is a “relevant sum”);
(l)specified in regulations under section 12(3) of the Welfare Reform Act 2012 in respect of needs or circumstances of a claimant prescribed by virtue of section 12(2)(a) of that Act (but not in respect of needs or circumstances prescribed by virtue of section 12(2)(b)).
(2)“The relevant amounts” for the purposes of section 12 are the amounts—
(a)specified in Schedule 2 to the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (S.I. 2002/2005) for the basic element, the 30 hour element, the second adult element and the lone parent element;
(b)specified in regulation 7(4)(c) and (f) of the Child Tax Credit Regulations 2002 (S.I. 2002/2007).
Schedule 2 · Further provision about social housing rents
Part 1 · Provision about levels of rents
Tenancy of affordable rent housing
(3)
(1)This paragraph applies in relation to a tenant of social housing in England if—
(a)the tenancy begins after the beginning of 8 July 2015, and
(b)the accommodation is affordable rent housing (see paragraph 4).
(2)If the tenancy begins before or at the beginning of the first relevant year, the registered provider must secure that the maximum amount of rent payable to the registered provider by the tenant in respect of the first relevant year is the higher of—
(a)the amount found by—
(i)determining the rate of the market rent for that social housing when the tenancy begins, and
(ii)determining the amount that is 80% of the amount that would be payable in respect of a year if that rate had applied during the year, and
(b)the amount that would be payable in respect of the first relevant year if the tenant were paying rent at the social rent rate.
(3)If the tenancy begins after the beginning of the first relevant year, the registered provider must secure that—
(a)the maximum amount of rent payable to the registered provider by the tenant in respect of the part of the relevant year falling after the tenancy begins, where the tenancy begins after part of a relevant year has elapsed, or
(b)the maximum amount of rent payable to the registered provider by the tenant in respect of the relevant year, where the tenancy begins at the beginning of a relevant year,
is the higher of the amounts described in sub-paragraph (4).
(4)The amounts referred to in sub-paragraph (3) are—
(a)the amount found by—
(i)determining the rate of the market rent for that social housing when the tenancy begins,
(ii)determining the amount that is 80% of the amount that would be payable in respect of a year if that rate had applied during the year, and
(iii)(if necessary) reducing that amount in proportion to the part of that relevant year that elapsed before the tenancy begins, and
(b)the amount that would be payable in respect of the period in question if the tenant were paying rent at the social rent rate.
(5)If the tenancy begins after the beginning of the first relevant year and not at the beginning of the second or third relevant year, the registered provider must secure that the maximum amount of rent payable to the registered provider by the tenant in respect of the relevant year following the one in which the tenancy begins is the higher of—
(a)the amount that would be found under sub-paragraph (4)(a) if sub-paragraph (4)(a)(iii) were disregarded, and
(b)the amount that would be found under sub-paragraph (4)(b) if the period in question were the whole of the relevant year in which the tenancy begins,
reduced by 1%.
(6)If—
(a)the tenancy comes to an end after part of a relevant year to which sub-paragraph (2), (3) or (5) applies has elapsed, or
(b)sub-paragraph (2), (3) or (5) ceases to apply in relation to the tenancy after part of the relevant year in question has elapsed,
sub-paragraph (2), (3) or (5) has effect in relation to the part of the relevant year falling before that time with a proportionate reduction in the maximum amount of rent payable to the registered provider by the tenant.
(7)The market rent is to be determined using a RICS valuation method.
(4)
(1)This paragraph has effect for the purposes of paragraph 3.
(2)Affordable rent housing is accommodation identified by regulations made by the Secretary of State as accommodation that may be let as social housing at an affordable rent.
(3)Regulations under sub-paragraph (2) may, in particular, make provision for identifying accommodation that may be let as social housing at an affordable rent by reference to an agreement or arrangement relating to the provision of social housing by a registered provider.
(4)Regulations made by virtue of sub-paragraph (3) may, for example, make provision by reference to—
(a)an agreement relating to the exercise of a power under section 5 or 19 of the Housing and Regeneration Act 2008 (powers of the Homes and Communities Agency as regards the provision of housing or other land and financial assistance);
(b)an agreement relating to the exercise of a power under section 30 or 34 of the Greater London Authority Act 1999 (general and subsidiary powers of the Greater London Authority);
(c)an agreement between a local authority and the Secretary of State under section 11(6) of the Local Government Act 2003 (agreement about capital receipts payable to the Secretary of State);
(d)an arrangement between a local authority and the Homes and Communities Agency, the Greater London Authority or the Secretary of State under which rents for social housing may be set on a particular basis.
(7)A reference to an amount of market rent includes a reference to an amount payable by way of service charge.
(8)“RICS valuation method” means a method for determining market rent that complies with standards for valuation published from time to time by the Royal Institution of Chartered Surveyors.
Part 2 · Exceptions and exemptions
Exceptions
(5)
(1)Part 1 does not apply in relation to a tenant of social housing if—
(a)the accommodation is low cost home ownership accommodation;
(b)the accommodation is both low cost rental accommodation and low cost home ownership accommodation (see section 71 of the Housing and Regeneration Act 2008).
(2)Part 1 does not apply in relation to social housing of a registered provider if, where the registered provider's interest in the property that consists of or includes the social housing is subject to a mortgage—
(a)the mortgagee is in possession of the interest in the property or the part of the property that includes the social housing, in the exercise of the mortgagee's powers to enforce the mortgage,
(b)a receiver has been appointed in relation to the interest in the property or the part of the property that includes the social housing by—
(ii)the court, in connection with enforcing the mortgage,
and that appointment is in force, or
(c)a person has been appointed by the mortgagee, in the exercise of the mortgagee's powers to enforce the mortgage (including, in the case of a floating charge which relates to the interest in the property, the power under paragraph 14 of Schedule B1 to the Insolvency Act 1986), to exercise powers that include a power to sell or otherwise dispose of the interest in the property or the part of the property that includes the social housing and that appointment is in force.
(3)If—
(a)a registered provider's interest in property that consists of or includes social housing was made subject to a mortgage, and
(b)the interest in the property, or the interest in the part that includes the social housing, is sold or otherwise disposed of after the coming into force of Part 1 by—
(ii)a receiver appointed by the mortgagee or by the court as described in sub-paragraph (2)(b), or
(iii)a person appointed by the mortgagee as described in sub-paragraph (2)(c),
(5)The Secretary of State may by regulations provide for Part 1 not to apply in cases prescribed by the regulations.
(6)Regulations under sub-paragraph (5) may in particular make provision about—
(a)tenants of a description prescribed by the regulations;
(b)tenancies of a description prescribed by the regulations;
(c)accommodation of a description prescribed by the regulations;
(d)accommodation which satisfies conditions prescribed by the regulations, including conditions relating to the funding of its building or refurbishment;
(e)events of a description prescribed by the regulations.
(7)Regulations made by virtue of sub-paragraph (6)(a) may include provision about tenants whose income exceeds, or whose household's incomes exceed, an amount prescribed by the regulations during a period prescribed by the regulations.
Exemptions
(6)
(1)The regulator may issue a direction mentioned in sub-paragraph (2) in respect of a private registered provider if—
(a)the condition in sub-paragraph (4) or (5) is satisfied, and
(b)the Secretary of State consents.
(2)The directions are—
(a)a direction that Part 1 does not apply in relation to a private registered provider specified in the direction;
(b)a direction that Part 1 is to have effect in relation to a private registered provider specified in the direction as if a reference in Part 1 to the social rent rate were a reference to that rate increased by the percentage specified in the direction;
(c)a direction that Part 1 is to have effect in relation to a private registered provider specified in the direction as if paragraph 1(4)(c) or (5)(c)—
(i)were omitted,
(ii)required the lesser reduction specified in the direction, or
(iii)required the increase specified in the direction;
(d)a direction that Part 1 is to have effect in relation to a private registered provider specified in the direction as if—
(i)in paragraph 3(5), “reduced by 1%” were omitted,
(ii)paragraph 3(5) required the lesser reduction specified in the direction, or
(iii)paragraph 3(5) required the increase specified in the direction.
(3)The regulator may specify in a direction—
(a)the period during which it is to have effect, and
(b)the social housing in relation to which it is to have effect.
(4)The condition in this sub-paragraph is that the regulator considers that complying with Part 1 would jeopardise the financial viability of the private registered provider.
(5)The condition in this sub-paragraph is that the circumstances of the private registered provider satisfy requirements prescribed in regulations made by the Secretary of State.
(6)The regulator may publish a document about the measures that the regulator considers could be taken by a private registered provider to comply with Part 1 and to avoid jeopardising its financial viability.
(7)The Secretary of State may issue a direction mentioned in sub-paragraph (8) in respect of a local authority if the condition in sub-paragraph (10) or (11) is satisfied.
(8)The directions are—
(a)a direction that Part 1 does not apply in relation to a local authority specified in the direction;
(b)a direction that Part 1 is to have effect in relation to a local authority specified in the direction as if a reference in Part 1 to the social rent rate were a reference to that rate increased by the percentage specified in the direction;
(c)a direction that Part 1 is to have effect in relation to a local authority specified in the direction as if paragraph 1(4)(c) or (5)(c)—
(i)were omitted,
(ii)required the lesser reduction specified in the direction, or
(iii)required the increase specified in the direction;
(d)a direction that Part 1 is to have effect in relation to a local authority specified in the direction as if—
(i)in paragraph 3(5), “reduced by 1%” were omitted,
(ii)paragraph 3(5) required the lesser reduction specified in the direction, or
(iii)paragraph 3(5) required the increase specified in the direction.
(9)The Secretary of State may specify in a direction—
(a)the period during which it is to have effect, and
(b)the social housing in relation to which it is to have effect.
(10)The condition in this sub-paragraph is that the Secretary of State considers that the local authority would be unable to avoid serious financial difficulties if it were to comply with Part 1.
(11)The condition in this sub-paragraph is that the circumstances of the local authority satisfy requirements prescribed in regulations by the Secretary of State.
(12)The Secretary of State may publish a document about the measures that the Secretary of State considers could be taken by a local authority in order to comply with Part 1 and to avoid serious financial difficulties.
Part 3 · General
Regulations
(7)
(1)Regulations under this Schedule must be made by statutory instrument.
(2)A statutory instrument containing regulations under this Schedule is subject to annulment in pursuance of a resolution of either House of Parliament.
Guidance
(8)
(1)The Secretary of State may issue guidance about determining, for the purposes of paragraph 1(5)(a)(iii) or (iv), what rate of rent is likely to have been payable by a tenant of particular social housing at a particular time.
(2)Registered providers must have regard to guidance issued under sub-paragraph (1).
Interpretation
(9)
(1)In this Schedule “the relevant day”, in relation to social housing, means—
(a)8 July 2015, or
(b)if the Secretary of State consents to the use of a different day (“the permitted review day”) in the case of that social housing, the permitted review day.
(2)A consent given for the purposes of sub-paragraph (1) may be a consent given for a particular case or for a description of cases.
Contains public sector information licensed under the Open Government Licence v3.0.