The Welfare Reform (2007 Act) (Commencement No. 6 and Transitional and Savings Provisions) Order (Northern Ireland) 2008

Made: 7th August 2008

The Department for Social Development makes the following Order in exercise of the powers conferred by sections 59 and 60(1) of the Welfare Reform Act (Northern Ireland) 2007[^f00001].

Citation and interpretation

1

• (1) This Order may be cited as the Welfare Reform (2007 Act) (Commencement No. 6 and Transitional and Savings Provisions) Order (Northern Ireland) 2008.

• (2) In this Order any reference to a numbered section or Schedule is to the section of, or Schedule to, the Welfare Reform Act (Northern Ireland) 2007 bearing that number.

Appointed days

2

• (1) The day appointed for the coming into operation of section 39 (information relating to certain benefits) for the purpose only of authorising the making of orders or regulations, is 8th August 2008.

• (2) The day appointed for the coming into operation of—

• (a) section 39 in so far as not already in operation;

• (b) section 40 (unlawful disclosure of certain information); and

• (c) in Schedule 8 the repeal of Articles 6 and 7 of the Housing Support Services (Northern Ireland) Order 2002[^f00002] and section 58 in so far as it relates to those repeals,

is 1st September 2008.

• (3) The day appointed for the coming into operation of—

• (a) sections 46 and 47 (widowed mother’s allowance and widowed parent’s allowance); and

• (b) in Schedule 8 the repeal of paragraphs 38 and 40 of Schedule 3 to the Tax Credits Act 2002[^f00003] and section 58 in so far as it relates to those repeals,

is 7th October 2008.

Transitional and savings provisions

3

• (1) The following provisions of the Housing Support Services (Northern Ireland) Order 2002 continue to have effect after 31st August 2008 in relation to information supplied on or before that date by virtue of Article 6 of that Order—

• (a) Article 6(3) and (4) (which permits the onward supply of information received by virtue of Article 6(2) to a person providing housing support services); and

• (b) Article 7 (under which a person is guilty of an offence if he makes an unauthorised disclosure of information).

• (2) Paragraph (1) applies notwithstanding Article 2(2) (which brings the repeal of Articles 6 and 7 into operation on 1st September 2008).

• (3) In cases to which Article 2(2) of the Tax Credits Act 2002 (Transitional Provisions and Savings) Order (Northern Ireland) 2003[^f00004] applies, sections 37 and 39A of the Contributions and Benefits Act[^f00005] (widowed mother’s allowance and widowed parent’s allowance) (as they continue to apply by virtue of Article 3 of that Order) have effect as if the amendments specified in sections 46 and 47 had not come into operation.

Signed

Sealed with the Official Seal of the Department for Social Development on 7th August 2008

John O’Neill — A senior officer of the Department for Social Development

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Article 2 of this Order provides for the coming into operation of the following provisions of the Welfare Reform Act (Northern Ireland) 2007—

• section 39 (information relating to certain benefits), for the purpose only of authorising the making of orders or regulations, on 8th August 2008 and for all other purposes, together with consequential repeals, on 1st September 2008;

• section 40 (unlawful disclosure of certain information), on 1st September 2008; and

• sections 46 and 47 (widowed mother’s allowance and widowed parent’s allowance) and consequential repeals, on 7th October 2008.

Article 3 makes transitional and savings provisions—

• to provide that where persons have been supplied with information pursuant to Article 6 of the Housing Support Services (Northern Ireland) Order 2002— under Article 6(3) and (4) of that Order they will continue to be permitted to supply that information to persons providing housing support services; and under Article 7 of that Order it will remain an offence for them, in certain circumstances, to disclose that information without lawful authority (paragraphs (1) and (2)); and

• for the continuing application of sections 37 and 39A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 relating to entitlement to widowed mother’s allowance and widowed parent’s allowance for certain cases (paragraph (3)).

Footnotes

[^f00001]: 2007 c. 2 (N.I.)

[^f00002]: S.I. 2002/3154 (N.I. 8)

[^f00003]: 2002 c. 21

[^f00004]: S.R. 2003 No. 212

[^f00005]: Section 37 was amended by paragraph 38 of Schedule 3 to the Tax Credits Act 2002 (c. 21), paragraph 72 of Schedule 24 and Schedule 30 to the Civil Partnership Act 2004 (c.33) and paragraph 28 of Schedule 1 to the Child Benefit Act 2005 (c.6) and section 39A was inserted by Article 52(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and amended by paragraph 40 of Schedule 3 to the Tax Credits Act 2002, paragraph 74 of Schedule 24 and Schedule 30 to the Civil Partnership Act 2004 and paragraph 29 of Schedule 1 to the Child Benefit Act 2005