SCHEDULES

SCHEDULE 5 E+W+SMinor and consequential amendments relating to Part 2

Social Security Administration Act 1992 (c. 5) E+W+S

2 E+W+SThe Administration Act is amended as follows.

[F1 3 E+W+SIn 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.”]

Textual Amendments

F1 Sch. 5 paras. 3-9 repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

[F1 4 E+W+SIn 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.”]

Textual Amendments

F1 Sch. 5 paras. 3-9 repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

[F1 5 E+W+SIn 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 ”.]

Textual Amendments

F1 Sch. 5 paras. 3-9 repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

Commencement Information

I1 Sch. 5 para. 5 in force at 1.4.2008 by S.I. 2008/411, art. 2(3)(c)

[F1 6 (1) Section 139F (enforcement notices) is amended as follows. E+W+S

(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.”]

Textual Amendments

F1 Sch. 5 paras. 3-9 repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

Commencement Information

I2 Sch. 5 para. 6 in force at 1.4.2008 by S.I. 2008/411, art. 2(3)(c)

[F1 7 (1) Section 139G (enforcement determinations) is amended as follows. E+W+S

(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 ”.]

Textual Amendments

F1 Sch. 5 paras. 3-9 repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

Commencement Information

I3 Sch. 5 para. 7 in force at 1.4.2008 by S.I. 2008/411, art. 2(3)(c)

[F1 8 (1) In section 140A(2)(c) (subsidies to certain authorities), for “or levying authority” substitute “ and to each local authority in Scotland ”. E+W+S

(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).]

Textual Amendments

F1 Sch. 5 paras. 3-9 repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

[F1 9 E+W+SIn section 140B(5A) (calculation of amount of subsidy), for “section 139D(3)” substitute “ section 139D(3A) or (3B) ”.]

Textual Amendments

F1 Sch. 5 paras. 3-9 repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

Commencement Information

I4 Sch. 5 para. 9 in force at 1.4.2008 by S.I. 2008/411, art. 2(3)(c)

10 E+W+SIn section 191 (interpretation), in the definition of “prescribe” at the end insert “ and “prescribed” must be construed accordingly ”.