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	United Kingdom Statutory Instruments
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(a) in the case of this regulation and regulation 2(1), (3), (4)(a), (5) and (8), on 6th April 2003;

(b) in the case of the remainder of regulation 2, on the day on which the provisions of the Tax Credits Act 2002 specified in the Tax Credits Act 2002 (Commencement No. 3 and Transitional Provisions and Savings) Order 2003[4] come into force, subject to article 3 of that Order.

Consequential amendments
     2.  - (1) In the Social Security (Invalid Care Allowance) Regulations 1976[5], regulation 2A(a) shall be omitted.

    (2) In the Social Security Benefit (Dependency) Regulations 1977[6]-

(a) in regulation 3-


(i) in the heading, the words "or children" shall be omitted;

(ii) in paragraph (1), "43(1)(b)," shall be omitted;



(b) in regulation 4A(1), "41," shall be omitted;

(c) regulation 4B(1)(c) and (4)(e) shall be omitted.

    (3) In the Social Security (Overlapping Benefits) Regulations 1979[7], at the end of the definition of "dependency benefit" in regulation 2(1) there shall be added the words "or child tax credit under the Tax Credits Act 2002".

    (4) In the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979[8]-

(a) regulation 1A(a) shall be omitted;

(b) in regulation 6(3)(c)-


(i) "41," shall be omitted;

(ii) the word "and" after head (i) shall be omitted;

(iii) head (ii) shall be omitted.

    (5) In the Social Security (Severe Disablement Allowance) Regulations 1984[9], regulation 2A(a) shall be omitted.

    (6) In the Social Fund (Recovery by Deductions from Benefits) Regulations 1988[10], regulation 3(o) shall be omitted.

    (7) In the Social Security (Incapacity Benefit-Increases for Dependants) Regulations 1994[11]-

(a) for regulation 3 there shall be substituted the following regulation-

" Allocation of contributions for a spouse
     3. For the purposes of the Contributions and Benefits Act insofar as it relates to incapacity benefit, any sum paid by a person by way of contribution towards the maintenance of his spouse shall be treated for the purposes of regulations 9 and 12 as such contributions of such respective amounts equal in aggregate to the sum in respect of his spouse as would secure as large a payment as possible by way of benefit in respect of dependants.";

(b) Part II shall be omitted;

(c) in regulation 9-


(i) in paragraph (1)-


(aa) for sub-paragraph (a)(ii), there shall be substituted "the beneficiary is entitled to child benefit in respect of a child; or";

(bb) for sub-paragraph (c)(ii), there shall be substituted "cares for a child in respect of whom the beneficiary is entitled to child benefit; or";

(cc) for sub-paragraph (d)(ii), there shall be substituted "cares for a child in respect of whom the beneficiary is entitled to child benefit,";



(ii) paragraph (2) shall be omitted.

    (8) In the Social Security (Incapacity Benefit) Regulations 1994[12], regulation 2A(a) shall be omitted.



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


Malcolm Wicks
Parliamentary Under-Secretary of State, Department for Work and Pensions

28th March 2003

[2] 1992 c. 5. Section 1(1C) was inserted by the Social Security Administration (Fraud) Act 1997 (c. 47), Section 19. Section 191 is an interpretation provision and is cited because of the meaning ascribed to the word "prescribe".back

[3] See section 170 and 173(1)(b) of the Social Security Administration Act 1992.back

[4] S.I. 2003/ (C.).back

[5] S.I. 1976/409; regulation 2A was inserted by S.I. 1997/2676.back

[6] S.I. 1977/343; the relevant amending instruments are S.I. 1980/585, 1983/1001, 1989/523 and 2000/1483.back

[7] S.I. 1979/597 to which there are amendments which are not relevant to these Regulations.back

[8] S.I. 1979/642; regulation 1A was inserted by S.I. 1997/2676; regulation 6(3) was substituted by S.I. 1990/2642.back

[9] S.I. 1984/1303; regulation 2A was inserted by S.I. 1997/2676.back

[10] S.I. 1988/35; the relevant amending instrument is S.I. 1996/1944.back

[11] S.I. 1994/2945 to which there are amendments which are not relevant to these Regulations.back

[12] S.I. 1994/2946; regulation 2A was inserted by S.I. 1997/2676.back

 

© Crown copyright 2003

Prepared 31 March 2003