SCHEDULES
SCHEDULE 5Minor and consequential amendments relating to Part 2
Social Security Administration Act 1992 (c. 5)
2
The Administration Act is amended as follows.
F13
In section 134 (arrangements for housing benefit)—
a
in subsection (8)(a) before “war” in each place insert “
prescribed
”;
b
in that subsection omit “or surviving civil partner's”;
c
after subsection (13) insert—
14
In this section “war widow's pension” includes any corresponding pension payable to a widower or surviving civil partner.
F14
In section 139 (arrangements for council tax benefit)—
a
in subsection (6)(a) before “war” in each place insert “
prescribed
”;
b
in subsection (11) omit the definition of “war disablement pension” and for the definition of “war widow's pension” substitute—
“war widow's pension” includes any corresponding pension payable to a widower or surviving civil partner.
I1F15
In section 139E (information about attainment of standards), in subsection (1)—
a
for “section 139D(3)” substitute “
section 139D(3A) or (3B)
”;
b
after paragraph (a) insert—
aa
whether the authority has taken the action which it has been directed to take;
c
in paragraph (b) after “those standards” insert “
or take that action
”.
I2F16
1
Section 139F (enforcement notices) is amended as follows.
2
In subsection (1)—
a
for “section 139D(3)” substitute “
section 139D(3A) or (3B)
”;
b
after paragraph (a) insert—
aa
is not satisfied that the authority has taken the action which it has been directed to take;
c
in paragraph (b) after “those standards” insert “
or take that action
”.
3
In subsection (2)(a), after “paragraph (a)” insert “
, (aa)
”.
4
In subsection (4), at the beginning insert “
If the notice identifies directions under section 139D(3A),
”.
5
After subsection (4) insert—
4A
If the notice identifies directions under section 139D(3B), the authority's response shall either—
a
state that the authority has taken the action, or is likely to take it within the time specified in the directions, and justify that statement; or
b
state that the authority has not taken the action, or is not likely to take it within that time, and (if the authority wishes) give reasons why a determination under section 139G below should not be made or should not include any particular provision.
I3F17
1
Section 139G (enforcement determinations) is amended as follows.
2
In subsection (1)—
a
in paragraph (a) after “the standards” insert “
or taken the action
”;
b
in paragraph (b) after “those standards” insert “
or take that action
”.
3
In subsections (3) and (5)(c), after “the standards” insert “
or the taking of the action
”.
F18
1
In section 140A(2)(c)
(subsidies to certain authorities), for “or levying authority” substitute “
and to each local authority in Scotland
”.
2
Sub-paragraph (1) must be taken to have had effect from 1 April 1997 (the date of the coming into force of section 140A of that Act).
I4F19
In section 140B(5A)
(calculation of amount of subsidy), for “section 139D(3)” substitute “
section 139D(3A) or (3B)
”.
10
In section 191 (interpretation), in the definition of “prescribe” at the end insert “
and “prescribed” must be construed accordingly
”
.