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STATUTORY INSTRUMENTS

2005 No. 2724

SOCIAL SECURITY

The Social Fund Cold Weather Payments (General) Amendment Regulations 2005

  Made 3rd October 2005 
  Laid before Parliament 7th October 2005 
  Coming into force 1st November 2005 

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 138(2) and (4) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992[1] and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it[2], makes the following Regulations:

Citation, commencement and interpretation
     1. —(1) These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment Regulations 2005 and shall come into force on 1st November 2005.

    (2) In these Regulations "the principal Regulations" means the Social Fund Cold Weather Payments (General) Regulations 1988[3].

Amendment of the principal Regulations
     2. The principal Regulations are amended in accordance with regulations 3, 4 and 5.

Amendment of regulation 1 of the principal Regulations
     3. In regulation 1 of the principal Regulations (citation, commencement and interpretation)—

Substitution of Schedule 1 to the principal Regulations
     4. For Schedule 1[8] to the principal Regulations (identification of stations and postcode districts), substitute the Schedule set out in Schedule 1 to these Regulations.

Substitution of Schedule 2 to the principal Regulations
     5. For Schedule 2[9] to the principal Regulations (specified alternative stations), substitute the Schedule set out in Schedule 2 to these Regulations.



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


Stephen C. Timms
Minister of State, Department for Work and Pensions

3rd October 2005



SCHEDULE 1
Regulation 4

The following Schedule is substituted for Schedule 1 to the principal Regulations—






SCHEDULE 2
Regulation 5

The following Schedule is substituted for Schedule 2 to the principal Regulations—





EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Social Fund Cold Weather Payments (General) Regulations 1988 (S.I. 1988/1724) ("the 1988 Regulations") principally by substituting new Schedules to those Regulations in relation to the lists of weather stations and applicable postcode districts in Schedule 1, and alternative weather stations in Schedule 2, but also by amending the interpretation provisions.

Regulation 3 deletes from the interpretation provisions of the 1988 Regulations a number of definitions for terms which are no longer used in the Regulations. It also amends the definition of "claimant" by adding references to "state pension credit" and "income-based jobseeker's allowance" and adds a definition of "state pension credit".

Schedule 1 to the 1988 Regulations specifies primary weather stations which are relevant to determining whether there is a recorded, or forecasted, period of cold weather. Schedule 2 to the 1988 Regulations specifies alternative stations used to determine this information where the primary station is unable to do so (where there is no specified alternative station, the nearest station to the primary station able to provide this information is used).

Regulation 4 replaces Schedule 1 to the 1988 Regulations with Schedule 1 to these Regulations. The new Schedule largely re-enacts the list contained in the former Schedule 1, but it assigns postcodes from Newcastle Weather Station (which is being closed) to other weather stations, adds Albemarle and Loftus as new weather stations to the scheme and provides for certain other changes to the postcode and weather station linkages.

Regulation 5 replaces Schedule 2 to the 1988 Regulations with Schedule 2 to these Regulations. The new Schedule largely re-enacts the list contained in the former Schedule 2 but makes a change due to the closure of Church Lawford weather station and adds two specified alternative weather stations, Linton on Ouse and St Catherine's Point.

The Postcode Atlas of Great Britain and Northern Ireland and the postcode maps may be obtained from their publishers. A person may establish the current postcode for their address by contacting the Royal Mail Postcode Enquiries Office (telephone 08457 111222) or by logging on to the Royal Mail website at www.royalmail.com.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

Notes:

 [1] 1992 c.4; section 138(4) is an interpretation provision and is cited because of the meaning ascribed to the word "prescribed".back

[2] See sections 170 and 173(1)(b) of the Social Security Administration Act 1992 (c.5).back

[3] S.I. 1988/1724. Amendments to the principal Regulations have been made which are not relevant to these Regulations and they are not mentioned in the footnotes.back

[4] The definition was substituted by S.I. 1991/2238.back

[5] The definitions were inserted by S.I. 1990/580.back

[6] 2002 c.16.back

[7] Paragraph (2A) was inserted by S.I. 1990/580.back

[8] Schedule 1 was substituted by S.I. 2004/2600 (Schedule 1 had previously been substituted and amended by other statutory instruments the most recent being S.I. 2000/2690, 2001/3368, 2002/2524, 2003/2605 and 2003/3023).back

[9] Schedule 2 was substituted by S.I. 2003/2605 (Schedule 2 had previously been substituted by S.I. 1999/2781).back


ISBN 0 11 073408 4


 © Crown copyright 2005

Prepared 10 October 2005

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URL: http://www.bailii.org/uk/legis/num_reg/2005/20052724.html