text:
Citation and commencement
1
These Regulations may be cited as the Occupational Pension Schemes (Scottish Parliamentary Pensions Act 2009) Regulations 2009 and shall come into force on 1st September 2009.
Amendments to secondary legislation
2
The Schedule to these Regulations has effect.
Signed by authority of the Secretary of State for Work and Pensions
Angela Eagle
Minister of State,
Department for Work and Pensions
15th July 2009


type: legislation

jurisdiction: UK

text:
1
The new highway, which the Welsh Ministers propose to construct along the route described in the Schedule to this Order, shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited map.
3
In this Order: —
All measurements of distance are measured along the route of the relevant highway;
“the deposited map” (“ y map a adneuwyd ”)
means the map numbered HA 10/2 WAG 3 and marked “The London to Fishguard Trunk Road (A40) (Improvement at The Kell, Treffgarne) Order 2009”, signed on behalf of the Welsh Ministers and deposited at the Welsh Assembly Government, Record Storage and Retrieval Unit ( RSRU ), Neptune Point, Ocean Way, Cardiff.
“the new trunk road” (“ y gefnffordd newydd ”)
means the highway mentioned in article 1 of this Order;
“the trunk road” (“ y gefnffordd ”)
means the London to Fishguard Trunk Road (A40).
4
This Order comes into force on 11 December 2009 and its title is The London to Fishguard Trunk Road (A40) (Improvement at The Kell, Treffgarne) Order 2009.
Signed on behalf of the Welsh Ministers
J Collins
Deputy Director of Transport Planning and Governance Welsh Assembly Government
3 December 2009


text:
PART 1 INTRODUCTION
Citation, commencement and effect
1
1
This Order may be cited as the Social Security Benefits Up-rating Order 2009.
2
Subject to paragraph (3), this Order shall come into force for the purposes of —
a
this article and articles 2, 6, 21, 22 and 28 on 1st April 2009;
b
article 8, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 1st April 2009, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in regulation 2(1) of the Computation of Earnings Regulations ;
c
article 3 —
i
in so far as it relates to any increase to which article 6(10)(b) applies, on 1st April 2009; and
ii
for all other purposes, on 6th April 2009;
d
articles 4, 5, 7, 9, 12 and 13, on 6th April 2009;
e
article 10, on 5th April 2009, except for the purpose of determining the rate of maternity allowance in accordance with section 35A(1) of the Contributions and Benefits Act , for which purpose it shall come into force on 6th April 2009;
f
article 11, on 5th April 2009;
g
articles 14 and 15, on 9th April 2009;
h
articles 16 to 18, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary, on or after 6th April 2009, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Income Support Regulations ;
i
articles 19 and 20, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 6th April 2009, and in relation to any other case, on 1st April 2009;
j
articles 23 to 25, in so far as they relate to a particular beneficiary —
i
for the purposes of article 23(c), in so far as it relates to an increase to which article 6(10)(b) applies, on 1st April 2009; and
ii
for all other purposes, on the first day of the first benefit week to commence for that beneficiary, on or after 6th April 2009, and for the purposes of this head “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations ;
k
article 26, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary, on or after 6th April 2009, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the State Pension Credit Regulations ; and
l
article 27, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary, on or after 6th April 2009, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Employment and Support Allowance Regulations .
3
The changes made —
a
in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act ; and
b
by article 23(c) in so far as it is relevant for the purposes referred to in article 6(10),
shall take effect for each case on the date specified in relation to that case in article 6.
Interpretation
2
In this Order —
“the Administration Act ” means the Social Security Administration Act 1992;
“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 1996 ;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit Regulations 2006 ;
“the Council Tax Benefit (SPC) Regulations ” means the Council Tax Benefit (Persons who have attained the qualifying age for State Pension Credit) Regulations 2006 ;
“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008 ;
“the Housing Benefit Regulations ” means the Housing Benefit Regulations 2006 ;
“the Housing Benefit (SPC) Regulations ” means the Housing Benefit (Persons who have attained the qualifying age for State Pension Credit) Regulations 2006 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ;
“the Pension Schemes Act” means the Pension Schemes Act 1993 ; and
“the State Pension Credit Regulations” means the State Pension Credit Regulations 2002 .
PART 2 SOCIAL SECURITY BENEFITS AND PENSIONS
Rates or amounts of certain benefits under the Contributions and Benefits Act
3
1
From and including the respective dates specified in article 6 —
a
the sums specified in paragraph (2) shall be increased; and
b
the sums specified in paragraph 3 of Part III of Schedule 4 to the Contributions and Benefits Act (age related addition) shall be reduced ,
so that Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit), except paragraph 5 of Part III of that Schedule (guardian’s allowance), has effect as set out in Schedule 1 to this Order.
2
The sums mentioned in paragraph (1) are the sums specified in Parts I, III , IV and V of Schedule 4 to the Contributions and Benefits Act except, in —
a
Part III, the sums specified for age related addition and age addition to a pension of any category and otherwise under section 79 of that Act;
b
Part IV, the sums specified in column (2) (increase for qualifying child); and
c
Part V, the sums specified for the increase in disablement pension for dependent children, widow’s pension (initial rate) and death benefit allowance in respect of children and qualifying young persons .
Increase in rates or amounts of certain pensions and allowances under the Contributions and Benefits Act
4
1
The sums specified in paragraphs (2) to (5) shall be increased from and including the respective dates specified in article 6.
2
The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of a beneficiary’s retirement allowance) shall be increased by 5.0 per cent.
3
In section 44(4) of the Contributions and Benefits Act (basic pension in a Category A retirement pension) —
a
for “£81.10” substitute “£86.20”; and
b
for “£90.70” substitute “£95.25”.
4
It is directed that the sums which are —
a
additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 2008-2009;
b
increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred);
c
lump sums to which surviving spouses or civil partners will become entitled under paragraph 7A of that Schedule on becoming entitled to a Category A or Category B retirement pension (entitlement to lump sum where pensioner’s deceased spouse or civil partner has deferred entitlement); and
d
payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975 , section 63 of the Social Security Act 1986 or section 150(1)(e) of the Administration Act,
shall in each case be increased by 5.0 per cent.
5
The sums which, under —
a
section 55A of the Contributions and Benefits Act , are shared additional pensions; and
b
paragraph 2 of Schedule 5A to the Contributions and Benefits Act , are increases in the rates of such pensions,
shall in each case be increased by 5.0 per cent.
Increase in rates or amount of certain benefits under the Pension Schemes Act
5
1
It is directed that the sums specified in paragraph (2) shall be increased from and including the respective dates specified in article 6.
2
Sums which are payable by virtue of section 15(1) of the Pension Schemes Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 17(2) and (3) of that Act), shall be increased by —
a
5.0 per cent. where the increase under section 15(1) is attributable to earnings factors for the tax year 1987-88 and earlier tax years ; and
b
2.0 per cent. where the increase under section 15(1) is attributable to earnings factors for the tax years 1988-89 to 1996-97 inclusive.
Dates on which sums specified for rates or amounts of benefits under the Contributions and Benefits Act or the Pension Schemes Act are changed by this Order
6
1
Paragraphs (2) to (9), which are subject to the provisions of paragraph (10), specify the date on which the changes made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case.
2
Subject to paragraph (3), any increases in the sums mentioned in articles 3, 4 and 12 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 6th April 2009.
3
In the case of a person over pensionable age —
a
whose entitlement to a Category A retirement pension is deferred; and
b
for whom the rate of short-term incapacity benefit falls to be calculated in accordance with section 30B(3) of the Contributions and Benefits Act ,
any increases in the sums mentioned in articles 3, 4 and 12 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 9th April 2009.
4
The increases in the sums mentioned in articles 4(4)(d) and 5(2) shall take effect on 6th April 2009.
5
Any increases in the sums specified for —
a
the rate of —
i
Category C and Category D retirement pension,
ii
attendance allowance, and
iii
carer’s allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday); and
b
any increases in —
i
Category C retirement pension and carer’s allowance referred to in sub-paragraph (a)(i) and (iii), and
ii
maternity allowance, widowed mother’s allowance and widowed parent’s allowance,
in respect of dependants,
shall in all cases take effect on 6th April 2009.
6
Any increases in the sums specified for —
a
the rate of —
i
carer’s allowance in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday,
ii
disablement benefit,
iii
maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act,
iv
industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children and qualifying young persons ,
v
the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the Contributions and Benefits Act; and
b
any increases in —
i
the benefits referred to in heads (i), (iii) and (iv) of sub-paragraph (a) in respect of dependants, and
ii
disablement pension,
shall in all cases take effect on 8th April 2009.
7
In any case where a person’s weekly rate of Category A or Category B retirement pension falls to be increased under the provisions of section 47(1) or 48C(2) of the Contributions and Benefits Act by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled, any increase in such sum shall take effect on 6th April 2009.
8
The changes in the sums specified for the rate of incapacity benefit and severe disablement allowance (together with, where appropriate, any increases for dependants) shall take effect in all cases on 9th April 2009.
9
The increases in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (retirement allowance) shall take effect on 8th April 2009.
10
Any increases in the sums specified in articles 3 and 23(c), in so far as those sums are relevant for the purposes of establishing whether the rate of any benefit is not to be increased in respect of an adult dependant because the earnings of the dependant exceed a specified amount , shall take effect —
a
except in a case where sub-paragraph (b) applies, on the first day of the first benefit week to commence for the beneficiary on or after 6th April 2009;
b
in a case where regulation 7(b) of the Computation of Earnings Regulations (date on which earnings are treated as paid) applies, on the first day of the first benefit week to commence for the beneficiary on or after 1st April 2009,
and for the purpose of this paragraph, “benefit week” has the same meaning as in regulation 2(1) of the Computation of Earnings Regulations.
Increase in rates of certain compensation and industrial diseases benefits in respect of employment before 5th July 1948
7
From and including —
a
8th April 2009, for “£50.55” referred to in paragraph 2(6)(c) of Schedule 8 to the Contributions and Benefits Act (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation);
b
9th April 2009, for that sum referred to in paragraph 6(2)(b) of that Schedule (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total),
substitute “£53.10”.
Earnings Limits
8
In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases) —
a
for “£185.00”, in both places where it occurs, substitute “£195.00”; and
b
for “£25.00” substitute “£26.00”.
Statutory Sick Pay
9
In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) for “£75.40” substitute “£79.15”.
Statutory Maternity Pay
10
In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (prescribed rate of statutory maternity pay) for “£117.18” substitute “£123.06”.
Statutory Paternity Pay and Statutory Adoption Pay
11
In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002 —
a
in regulation 2(a) (weekly rate of payment of statutory paternity pay) for “£117.18” substitute “£123.06”; and
b
in regulation 3(a) (weekly rate of payment of statutory adoption pay) for “£117.18” substitute “£123.06”.
Increase in rate of graduated retirement benefit
12
1
In section 36(1) of the National Insurance Act 1965 (graduated retirement benefit) —
a
the sum of 10.98 pence shall be increased by 5.0 per cent.; and
b
from and including 6th April 2009 the reference in that provision to that sum shall have effect as a reference to 11.53 pence.
2
The sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) ( No. 2) Regulations 1978 (increases for deferred retirement) shall be increased by 5.0 per cent.
3
The sums which are lump sums to which surviving spouses or civil partners will become entitled under Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005 (increases of graduated retirement benefit and lump sums) shall be increased by 5.0 per cent.
4
The sums which are the additions under section 37(1) of the National Insurance Act 1965 (additions for widows and widowers) shall be increased by 5.0 per cent.
Increase in rates of Disability Living Allowance
13
In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991 (rate of benefit) —
a
in paragraph (1)(a) for “£67.00” substitute “£70.35”;
b
in paragraph (1)(b) for “£44.85” substitute “£47.10”;
c
in paragraph (1)(c) for “£17.75” substitute “£18.65”;
d
in paragraph (2)(a) for “£46.75” substitute “£49.10”; and
e
in paragraph (2)(b) for “£17.75” substitute “£18.65”.
Rates of age addition to long-term incapacity benefit
14
In regulation 10(2) of the Social Security (Incapacity Benefit) Regulations 1994 (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date) —
a
in sub-paragraph (a) for “£17.75” substitute “£15.65”; and
b
in sub-paragraph (b) for “£8.90” substitute “£6.55”.
Rates of transitional invalidity allowance
15
1
Subject to paragraph (2), in regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (rate of long-term incapacity benefit in transitional cases) —
a
in sub-paragraph (a) for “£17.75” substitute “£18.65”;
b
in sub-paragraph (b) for “£11.40” substitute “£12.00”; and
c
in sub-paragraph (c) for “£5.70” substitute “£6.00”.
2
In the case of a claimant entitled to long-term incapacity benefit, the sums specified in regulation 18(2)(a), (b) and (c) shall be reduced to “£15.65”, “£9.10” and “£5.35” respectively.
PART 3 INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT
Applicable amounts for Income Support
16
1
The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in this article and Schedules 2 to 4 to this Order; and unless stated otherwise any reference in this article to a numbered Schedule is a reference to the Schedule to the Income Support Regulations bearing that number.
2
In —
a
regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii) and (d)(i); and
b
paragraphs 13A(2)(a) and 14(2)(a) of Part III of Schedule 2,
the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 2 to this Order.
4
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) for “£16.75” substitute “£17.30”; and
b
in sub-paragraph (1)(b) for “£16.75” substitute “£17.30”.
5
The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.
6
In paragraph 18 of Schedule 3 (housing costs: non-dependant deductions) —
a
in sub-paragraph (1)(a) “£47.75” remains unchanged;
b
in sub-paragraph (1)(b) “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) for “£116.00” substitute “£120.00”;
d
in sub-paragraph (2)(b) for “£116.00” and “£172.00” substitute “£120.00” and “£178.00” respectively and “£17.00” remains unchanged;
e
in sub-paragraph (2)(c) for “£172.00” and “£223.00” substitute “£178.00” and “£231.00” respectively and “£23.35” remains unchanged;
f
in sub-paragraph (2)(d) for “£223.00” and “£296.00” substitute “£231.00” and “£306.00” respectively and “£38.20” remains unchanged; and
g
in sub-paragraph (2)(e) for “£296.00” and “£369.00” substitute “£306.00” and “£382.00” respectively and “£43.50” remains unchanged.
7
The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 4 to this Order are the sums set out in column (2) of that Schedule.
Income Support Transitional Protection
17
It is directed that the sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987 (special transitional addition) shall be increased by 6.3 per cent.
The Relevant Sum for Income Support
18
In section 126(7) of the Contributions and Benefits Act (trade disputes: the relevant sum) for “£32.50” substitute “£34.50”.
Housing Benefit
19
1
The sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in this article and Schedules 5 and 6 to this Order; and unless otherwise stated, any reference in this article to a numbered Schedule is a reference to the Schedule to the Housing Benefit Regulations bearing that number.
2
In paragraph (4) the reference to regulation 74 means regulation 74 of the Housing Benefit Regulations as in force immediately before 1st April 2009 and regulation 74 as substituted by regulation 14 of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 .
3
In regulation 27(3) (calculation of income on a weekly basis) —
a
in sub-paragraph (a) “£175.00” remains unchanged; and
b
in sub-paragraph (b) “£300.00” remains unchanged.
4
In regulation 74 (non-dependant deductions) —
a
in paragraph (1)(a) “£47.75” remains unchanged;
b
in paragraph (1)(b) “£7.40” remains unchanged;
c
in paragraph (2)(a) for “£116.00” substitute “£120.00”;
d
in paragraph (2)(b) for “£116.00” and “£172.00” substitute “£120.00” and “£178.00” respectively and “£17.00” remains unchanged;
e
in paragraph (2)(c) for “£172.00” and “£223.00” substitute “£178.00” and “£231.00” respectively and “£23.35” remains unchanged;
f
in paragraph (2)(d) for “£223.00” and “£296.00” substitute “£231.00” and “£306.00” respectively and “£38.20” remains unchanged; and
g
in paragraph (2)(e) for “£296.00” and “£369.00” substitute “£306.00” and “£382.00” respectively and “£43.50” remains unchanged.
5
In paragraph 2 of Part 1 of Schedule 1 (ineligible service charges), for “£21.60”, “£21.60”, “£10.90”, “£14.35”, “£14.35”, “£7.20” and “£2.65” substitute “£22.95”, “£22.95”, “£11.60”, “£15.25”, “£15.25”, “£7.65” and “£2.80” respectively.
6
In paragraph 6 of Part 2 of Schedule 1 (payments in respect of fuel charges) —
a
in sub-paragraph (2)(a) for “£15.45” substitute “£21.55”;
b
in sub-paragraph (2)(b) and (d) for “£1.80” substitute “£2.50”; and
c
in sub-paragraph (2)(c) for “£1.25” substitute “£1.75”.
7
The sums specified in Part 1 of Schedule 3 (applicable amounts: personal allowances) shall be as set out in Schedule 5 to this Order.
8
In paragraph 3 of Part 2 of Schedule 3 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) “£22.20” remains unchanged;
b
in sub-paragraph (1)(b) for “£16.75” substitute “£17.30”; and
c
in sub-paragraph (2) “£10.50” remains unchanged.
9
The sums specified in Part 4 of Schedule 3 (applicable amounts: premiums) shall be as set out in Schedule 6 to this Order.
10
In Part 6 of Schedule 3 (amount of components) —
a
in paragraph 25 for “£24.00” substitute “£25.50”; and
b
in paragraph 26 for “£29.00” substitute “£30.85”.
11
In paragraph 17(1) and (3)(c) of Schedule 4 (sums to be disregarded in the calculation of earnings) for “£16.05” substitute “£16.85”.
12
In paragraph 56 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) for “£16.05” substitute “£16.85”.
Housing Benefit for certain persons over the qualifying age for State Pension Credit
20
1
The sums relevant to the calculation of an applicable amount as specified in the Housing Benefit (SPC) Regulations shall be the sums set out in this article and Schedules 7 and 8 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Housing Benefit (SPC) Regulations bearing that number.
2
In paragraph (4) the reference to regulation 55 means regulation 55 of the Housing Benefit (SPC) Regulations as in force immediately before 1st April 2009 and regulation 55 as substituted by regulation 14 of the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 .
3
In regulation 30(3) (calculation of income on a weekly basis) —
a
in sub-paragraph (a) “£175.00” remains unchanged; and
b
in sub-paragraph (b) “£300.00” remains unchanged.
4
In regulation 55 (non-dependant deductions) —
a
in paragraph (1)(a) “£47.75” remains unchanged;
b
in paragraph (1)(b) “£7.40” remains unchanged;
c
in paragraph (2)(a) for “£116.00” substitute “£120.00”;
d
in paragraph (2)(b) for “£116.00” and “£172.00” substitute “£120.00” and “£178.00” respectively and “£17.00” remains unchanged;
e
in paragraph (2)(c) for “£172.00” and “£223.00” substitute “£178.00” and “£231.00” respectively and “£23.35” remains unchanged;
f
in paragraph (2)(d) for “£223.00” and “£296.00” substitute “£231.00” and “£306.00” respectively and “£38.20” remains unchanged; and
g
in paragraph (2)(e) for “£296.00” and “£369.00” substitute “£306.00” and “£382.00” respectively and “£43.50” remains unchanged.
5
In paragraph 2 of Part 1 of Schedule 1 (ineligible service charges), for “£21.60”, “£21.60”, “£10.90”, “£14.35”, “£14.35”, “£7.20” and “£2.65” substitute “£22.95”, “£22.95”, “£11.60”, “£15.25”, “£15.25”, “£7.65” and “£2.80” respectively.
6
In paragraph 6 of Part 2 of Schedule 1 (payments in respect of fuel charges) —
a
in sub-paragraph (2)(a) for “£15.45” substitute “£21.55”;
b
in sub-paragraph (2)(b) and (d) for “£1.80” substitute “£2.50”; and
c
in sub-paragraph (2)(c) for “£1.25” substitute “£1.75”.
7
The sums specified in Part 1 of Schedule 3 (applicable amounts: personal allowances) shall be as set out in Schedule 7 to this Order.
8
In paragraph 3 of Part 2 of Schedule 3 (applicable amounts: family premium) —
a
in sub-paragraph (1) for “£16.75” substitute “£17.30”; and
b
in sub-paragraph (2) “£10.50” remains unchanged.
9
The sums specified in Part 4 of Schedule 3 (applicable amounts: amounts of premiums specified in Part 3) shall be as set out in Schedule 8 to this Order.
10
In paragraph 9(1) and (3)(c) of Schedule 4 (sums disregarded from claimant’s earnings) for “£16.05” substitute “£16.85”.
11
In paragraph 21 of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings) for “£16.05” substitute “£16.85”.
Council Tax Benefit
21
1
The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in this article and Schedules 9 and 10 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Council Tax Benefit Regulations bearing that number.
2
In regulation 17(3) (calculation of income on a weekly basis) —
a
in sub-paragraph (a) “£175.00” remains unchanged; and
b
in sub-paragraph (b) “£300.00” remains unchanged.
3
In regulation 58 (non-dependant deductions) —
a
in paragraph (1)(a) “£6.95” remains unchanged;
b
in paragraph (1)(b) “£2.30” remains unchanged;
c
in paragraph (2)(a) for “£172.00” substitute “£178.00”;
d
in paragraph (2)(b) for “£172.00” and “£296.00” substitute “£178.00” and “£306.00” respectively and “£4.60” remains unchanged; and
e
in paragraph (2)(c) for “£296.00” and “£369.00” substitute “£306.00” and “£382.00” respectively and “£5.80” remains unchanged.
4
The sums specified in Part 1 of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 9 to this Order.
5
In paragraph 3 of Part 2 of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) “£22.20” remains unchanged;
b
in sub-paragraph (1)(b) for “£16.75” substitute “£17.30”; and
c
in sub-paragraph (2) “£10.50” remains unchanged.
6
The sums specified in Part 4 of Schedule 1 (applicable amounts: premiums) shall be as set out in Schedule 10 to this Order.
7
In Part 6 of Schedule 1 (amount of components) —
a
in paragraph 25 for “£24.00” substitute “£25.50”; and
b
in paragraph 26 for “£29.00” substitute “£30.85”.
8
In the Table in paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit) —
a
in sub-paragraph (2)(b)(i) for “£169.00” substitute “£175.00”; and
b
in sub-paragraph (2)(b)(ii) for “£169.00” and “£220.00” substitute “£175.00” and “£228.00” respectively.
9
In paragraph 16(1) and (3)(c) of Schedule 3 (sums to be disregarded in the calculation of earnings) for “£16.05” substitute “£16.85”.
10
In paragraph 56 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) for “£16.05” substitute “£16.85”.
Council Tax Benefit for certain persons over the qualifying age for State Pension Credit
22
1
The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit (SPC) Regulations shall be the sums set out in this article and Schedules 11 and 12 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Council Tax Benefit (SPC) Regulations bearing that number.
2
In regulation 20(3) (calculation of income on a weekly basis) —
a
in sub-paragraph (a) “£175.00” remains unchanged; and
b
in sub-paragraph (b) “£300.00” remains unchanged.
3
In regulation 42 (non-dependant deductions) —
a
in paragraph (1)(a) “£6.95” remains unchanged;
b
in paragraph (1)(b) “£2.30” remains unchanged;
c
in paragraph (2)(a) for “£172.00” substitute “£178.00”;
d
in paragraph (2)(b) for “£172.00” and “£296.00” substitute “£178.00” and “£306.00” respectively and “£4.60” remains unchanged; and
e
in paragraph (2)(c) for “£296.00” and “£369.00” substitute “£306.00” and “£382.00” respectively and “£5.80” remains unchanged.
4
The sums specified in Part 1 of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 11 to this Order.
5
In paragraph 3 of Part 2 of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (1) for “£16.75” substitute “£17.30”; and
b
in sub-paragraph (2) “£10.50” remains unchanged.
6
The sums specified in Part 4 of Schedule 1 (amounts of premiums specified in Part 3) shall be as set out in Schedule 12 to this Order.
7
In paragraph 9(1) and (3)(c) of Schedule 2 (sums disregarded from claimant’s earnings) for “£16.05” substitute “£16.85”.
8
In paragraph 21 of Schedule 3 (amounts to be disregarded in the calculation of income other than earnings) for “£16.05” substitute “£16.85”.
9
In the Table in paragraph 1 of Schedule 6 (amount of alternative maximum council tax benefit) —
a
in sub-paragraph (2)(b)(i) for “£169.00” substitute “£175.00”; and
b
in sub-paragraph (2)(b)(ii) for “£169.00” and “£220.00” substitute “£175.00” and “£228.00” respectively.
PART 4 JOBSEEKER’S ALLOWANCE
Increase in age-related amounts of contribution-based Jobseeker’s Allowance
23
In regulation 79(1) of the Jobseeker’s Allowance Regulations (weekly amounts of contribution-based jobseeker’s allowance) —
a
in sub-paragraph (a) for “£47.95” substitute “£50.95”;
b
in sub-paragraph (b) for “£47.95” substitute “£50.95”; and
c
in sub-paragraph (c) for “£60.50” substitute “£64.30”.
Applicable amounts for Jobseeker’s Allowance
24
1
The sums relevant to the calculation of an applicable amount as specified in the Jobseeker’s Allowance Regulations shall be the sums set out in this article and Schedules 13 to 16 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Jobseeker’s Allowance Regulations bearing that number.
2
In —
a
regulations 83(b), 84(1)(c), 85(1) and 148(1)(a)(ii) and (d)(i); and
b
paragraphs 15A(2)(a) and 16(2)(a) of Part III of Schedule 1,
the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 13 to this Order.
4
In paragraph 4 of Part II of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) for “£16.75” substitute “£17.30”; and
b
in sub-paragraph (1)(b) for “£16.75” substitute “£17.30”.
5
The sums specified in Part IV of Schedule 1 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 14 to this Order.
6
The sums specified in Part IVB of Schedule 1 (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 15 to this Order.
7
In paragraph 17 of Schedule 2 (housing costs: non-dependant deductions) —
a
in sub-paragraph (1)(a) “£47.75” remains unchanged;
b
in sub-paragraph (1)(b) “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) for “£116.00” substitute “£120.00”;
d
in sub-paragraph (2)(b) for “£116.00” and “£172.00” substitute “£120.00” and “£178.00” respectively and “£17.00” remains unchanged;
e
in sub-paragraph (2)(c) for “£172.00” and “£223.00” substitute “£178.00” and “£231.00” respectively and “£23.35” remains unchanged;
f
in sub-paragraph (2)(d) for “£223.00” and “£296.00” substitute “£231.00” and “£306.00” respectively and “£38.20” remains unchanged; and
g
in sub-paragraph (2)(e) for “£296.00” and “£369.00” substitute “£306.00” and “£382.00” respectively and “£43.50” remains unchanged.
8
The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 16 to this Order are the sums set out in column (2) of that Schedule.
The Prescribed Sum for Jobseeker’s Allowance
25
In regulation 172 of the Jobseeker’s Allowance Regulations (trade disputes: prescribed sum) for “£32.50” substitute “£34.50”.
PART 5 STATE PENSION CREDIT
State Pension Credit
26
1
The amounts as specified in the State Pension Credit Regulations shall be the amounts set out in this article and Schedule 17 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the State Pension Credit Regulations bearing that number.
2
In regulation 6 (amount of the guarantee credit) —
a
in paragraph (1)(a) for “£189.35” substitute “£198.45”;
b
in paragraph (1)(b) for “£124.05” substitute “£130.00”;
c
in paragraph (5)(a) for “£50.35” substitute “£52.85”;
d
in paragraph (5)(b) for “£100.70” substitute “£105.70”; and
e
in paragraph (8) for “£27.75” substitute “£29.50”.
3
In regulation 7 (savings credit) —
a
in paragraph (1) “60 per cent.”, “60 per cent.” and “40 per cent.” in sub-paragraphs (a), (b) and (c) respectively remain unchanged; and
b
in paragraph (2) for “£91.20” and “£145.80” substitute “£96.00” and “£153.40” respectively.
4
In paragraph 14 of Schedule II (persons residing with the claimant) —
a
in sub-paragraph (1)(a) “£47.75” remains unchanged;
b
in sub-paragraph (1)(b) “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) for “£116.00” substitute “£120.00”;
d
in sub-paragraph (2)(b) for “£116.00” and “£172.00” substitute “£120.00” and “£178.00” respectively and “£17.00” remains unchanged;
e
in sub-paragraph (2)(c) for “£172.00” and “£223.00” substitute “£178.00” and “£231.00” respectively and “£23.35” remains unchanged;
f
in sub-paragraph (2)(d) for “£223.00” and “£296.00” substitute “£231.00” and “£306.00” respectively and “£38.20” remains unchanged; and
g
in sub-paragraph (2)(e) for “£296.00” and “£369.00” substitute “£306.00” and “£382.00” respectively and “£43.50” remains unchanged.
5
In paragraph 1 of Schedule III (polygamous marriages) —
a
in sub-paragraph (5) for “£189.35” and “£65.30” substitute “£198.45” and “£68.45” respectively; and
b
in sub-paragraph (7) for “£145.80” substitute “£153.40”.
6
The amounts specified in any provision of the State Pension Credit Regulations set out in column (1) of Schedule 17 to this Order are the amounts set out in column (2) of that Schedule.
PART 6 EMPLOYMENT AND SUPPORT ALLOWANCE
Applicable amounts for Employment and Support Allowance
27
1
The sums relevant to the calculation of an applicable amount as specified in the Employment and Support Allowance Regulations shall be the sums set out in this article and Schedules 18 to 20 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Employment and Support Allowance Regulations bearing that number.
2
The sums specified in Part 1 of Schedule 4 (prescribed amounts) shall be as set out in Schedule 18 to this Order.
3
The sums specified in Part 3 of Schedule 4 (weekly amount of premiums specified in Part 2) shall be as set out in Schedule 19 to this Order.
4
In Part 4 of Schedule 4 (the components) —
a
in paragraph 12 for “£24.00” substitute “£25.50”; and
b
in paragraph 13 for “£29.00” substitute “£30.85”.
5
In paragraph 19 of Schedule 6 (housing costs: non-dependant deductions) —
a
in sub-paragraph (1)(a) “£47.75” remains unchanged;
b
in sub-paragraph (1)(b) “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) for “£116.00” substitute “£120.00”;
d
in sub-paragraph (2)(b) for “£116.00” and “£172.00” substitute “£120.00” and “£178.00” respectively and “£17.00” remains unchanged;
e
in sub-paragraph (2)(c) for “£172.00” and “£223.00” substitute “£178.00” and “£231.00” respectively and “£23.35” remains unchanged;
f
in sub-paragraph (2)(d) for “£223.00” and “£296.00” substitute “£231.00” and “£306.00” respectively and “£38.20” remains unchanged; and
g
in sub-paragraph (2)(e) for “£296.00” and “£369.00” substitute “£306.00” and “£382.00” respectively and “£43.50” remains unchanged.
6
The sums specified in any provision of the Employment and Support Allowance Regulations set out in column (1) of Schedule 20 to this Order are the sums set out in column (2) of that Schedule.
PART 7 REVOCATION
Revocation
28
The Social Security Benefits Up-rating Order 2008 is revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Rosie Winterton
Minister of State,
Department for Work and Pensions
4th March 2009
We consent,
Bob Blizzard
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Energy Act 2004 (Commencement No. 9) Order 2009.
2
In this Order “ the Act ” means the Energy Act 2004.
Commencement
2
Section 92 of the Act shall come into force on 20th May 2009.
3
Sections 90 and 91 of the Act shall come into force on 19th June 2009.
Ed Miliband
Secretary of State for Energy and Climate Change
18th May 2009


text:
Citation and Commencement
1
These Regulations may be cited as the Vehicle Excise (Design Weight Certificate) (Amendment) Regulations 2009 and come into force on 3rd May 2009.
Increases in fees
2
1
The Vehicle Excise (Design Weight Certificate) Regulations 1995 shall be amended as follows.
2
In the paragraph of the Schedule specified in column (1) of the Table, for each amount specified in column (2) substitute the amount specified in column (3).
Table
Paragraph Existing amount (£) Substituted amount (£)
1(2)(c) 13.50 15 1(4) 8.40 9 4(4) 25 27
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
2nd April 2009


text:
Citation and commencement
1
These Regulations may be cited as the Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2009 and shall come into force on 31st March 2009.
Revocation
2
The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2008 are revoked.
Preliminary
3
The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 shall be amended as follows.
Interpretation
4
In regulation 2, paragraph (1A) shall be omitted.
Evidence of contravention
5
For regulation 6, there shall be substituted —
Evidence of contravention
6
A penalty charge shall not be imposed except on the basis of —
a
a record produced by an approved device; or
b
information given by a civil enforcement officer as to conduct observed by that officer.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State,
Department for Transport
3rd March 2009
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State,
Ministry of Justice
2nd March 2009


text:
Title and commencement
1
These Regulations may be cited as the Feeding Stuffs (England) (Amendment) Regulations 2009 and come into force on 20th February 2009.
Amendments to the Feeding Stuffs (England) Regulations 2005
2
The Feeding Stuffs (England) Regulations 2005 are amended in accordance with regulations 3 and 4.
3
In Schedule 5 —
a
in Chapter A, in the entries relating to fluorine —
i
after the last entry in Column 2 add “– complete feeding stuffs for fish”, and
ii
after the last entry in Column 3 add “350”;
b
in Chapter C —
i
omit the entries relating to Apricots, Bitter almond and Camelina;
ii
for the entries relating to Weed seeds etc substitute the following —
Column 1
Undesirable substances
Column 2
Products intended for animal feed
Column 3
Maximum content in mg/ kg of feeding stuffs referred to a moisture content of 12%
Weed seeds and unground and uncrushed fruits containing alkaloids, glucosides or other toxic substances, separately or in combination including: All feeding stuffs 3000 Datura stramonium L. 1000
c
in Chapter D, in the entries relating to DDT in column 1, for the expression in parenthesis substitute “(sum of DDT-, DDD- (or TDE-) and DDE-isomers, expressed as DDT)”.
4
In Schedule 7, for the entries relating to the support of renal function in the case of chronic renal insufficiency, in the first row of the table in Chapter A, substitute the entries set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
12th January 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 and shall come into force on 6th April 2009.
2
In this Order, “the principal Order” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006, and a reference to a numbered article, Part, Table or Schedule is a reference to the article, Part, Table or Schedule in the principal Order which bears that number.
Amendment of article 7 (Gratuity for minor disablement)
2
Article 7 is amended as follows —
a
in paragraph (1) omit “Subject to the provisions of paragraph (2),”;
b
omit paragraph (2).
Amendment of article 8 (Constant attendance allowance)
3
Article 8 is amended as follows —
a
in paragraph (1) for “Subject to article 71(4)” substitute “Subject to paragraph (6) and article 71(4)”;
b
after paragraph (5) add —
6
Where —
a
a member of the armed forces is in receipt of retired pay or pension in respect of disablement, due to one or more injuries, the degree of which is not less than 80%, and
b
one of those injuries is a terminal illness,
the member shall be taken to satisfy or likely to satisfy the necessary attendance specified in paragraph (4) for so much of the period for which he is terminally ill as does not fall before the date of claim, and the rate of the allowance shall be the intermediate rate specified in paragraph 1(a)(iii) of Part IV of Schedule 1.
.
Amendment of article 10 (Severe disablement occupational allowance)
4
In article 10(2)(c) after “Welfare Reform Act 2007” add “or the corresponding provisions of the Welfare Reform Act (Northern Ireland) 2007 ”.
Amendment of article 14 (Comforts allowance)
5
Article 14(1) is amended as follows —
a
for subparagraph (a) substitute —
a
where subparagraph (a)(i) or (ii) or both apply, an allowance shall be payable at the appropriate rate specified in paragraph 7(a) of Part IV of Schedule 1 —
i
this subparagraph applies where the member is in receipt of an allowance under article 8 at any rate, and an allowance under article 12,
ii
this subparagraph applies where the member is in receipt of an allowance under article 8 at the rates specified in either paragraph 1(a)(iii) or (iv) of Part IV of Schedule 1, and in receipt of retired pay or a pension in respect of disablement the degree of which is 100 per cent;
;
b
in subparagraph (b) after “article 8” insert “at any rate”.
Amendment of article 15 (Allowance for lowered standard of occupation)
6
Article 15 is amended as follows —
a
in paragraph (1) for “Except in the circumstances specified in” substitute “Subject to”;
b
for paragraph (2) substitute —
2
No award of an allowance under this article shall be made where subparagraphs (a) or (b) or both apply —
a
this subparagraph applies where a member submits a new claim (as defined in article 4(b)) —
i
on or after the date he attained the age of 65, or
ii
where the degree of disablement is assessed at less than 40 per cent;
b
this subparagraph applies where —
i
a member submits a claim on or after 6th April 2009,
ii
on the day which immediately precedes the date of claim the member or, where the member has died, the person by or in respect of whom a claim is made does not have an award of the allowance, and
iii
the member is in receipt of —
aa
incapacity benefit under Part II of the Social Security Contributions and Benefits Act 1992 or the corresponding provisions of the Social Security Contributions and Benefits Act (Northern Ireland) 1992 ,
bb
employment and support allowance under Part 1 of the Welfare Reform Act 2007 or the corresponding provisions of the Welfare Reform Act (Northern Ireland) 2007, or
cc
any benefit or allowance under the law of any place outside the United Kingdom which in the opinion of the Secretary of State is analogous to incapacity benefit or employment and support allowance.
.
Amendment of article 22 (General conditions for Part III)
7
In article 22(5)(b) for “52” substitute “104”.
Amendment of article 23 (Pensions to surviving spouses and surviving civil partners)
8
In article 23(2) for “a rate of £73.64 per week” substitute “whichever of the rates specified in column (2) of Tables 6 and 7 in Part II of Schedule 2 as is appropriate in the case”.
Amendment of article 32 (Funeral expenses)
9
For article 32 substitute —
Funeral expenses
32
1
Where paragraph (2) applies the Secretary of State shall make an award for funeral expenses of £2,200.
2
This paragraph applies where —
a
a member of the armed forces dies on or after 6th April 2009;
b
the death of the member was due to service before 6th April 2005;
c
the funeral of that member has taken place; and
d
within three months of the funeral of the deceased member, either —
i
a claim is made for funeral expenses, or
ii
an enquiry is made in person, in writing or orally to the Secretary of State or to an authorised agent, about claiming funeral expenses and a claim is made for such expenses within three months of the date the claim form is sent in response to the enquiry.
.
Amendment of article 34 (Making of claims)
10
Article 34 is amended as follows —
a
in paragraph (1) for “paragraph (4)” substitute “paragraphs (2A), (4)”;
b
after paragraph (2) insert —
2A
A claim for constant attendance allowance under article 8(6) (on the grounds that a member of the armed forces has a terminal illness) may be made on behalf of the member, and shall be regarded as having been made by the member, notwithstanding that it is made without his knowledge or authority.
.
Amendment of article 50 (Payment of public claims out of pension)
11
In article 50(3)(b) —
a
after “the 1992 Act” omit “or”;
b
after “the Income Support (Transitional) Regulations 1987” insert “, or the Welfare Reform Act 2007”.
Revocation of article 55 (Children whose maintenance is otherwise provided for)
12
Article 55 is revoked.
Amendment of article 56 (Abatement of awards of social security benefits)
13
Article 56 is amended as follows —
a
in the heading after “awards” insert “in respect”;
b
after subparagraph (3)(f) add —
g
the corresponding provisions of the Welfare Reform Act (Northern Ireland) 2007.
.
Amendment of article 61 (Suspension in individual cases-Tribunal)
14
Article 61 is amended as follows —
a
in the heading for “Tribunal” substitute “an appropriate tribunal”;
b
in paragraph (8)(a) for “section 6(A)” substitute “section 6A ” and for “section 13” substitute “section 11 ”;
c
for paragraph (8)(b) substitute —
“application for leave to appeal” means an application for leave under section 6A(6) of the Pensions Appeal Tribunals Act 1943 or, as the case may be, section 11 of the Tribunals, Courts and Enforcement Act 2007;
;
d
in paragraph (8)(d) for “one month” substitute “six weeks”.
Amendment of Schedule 1 (Disablement due to service in the armed forces)
15
In Schedule 1 —
a
for the Table in Part II substitute the Table set out in Schedule 1 to this Order;
b
for Tables 1 and 2 in Part III substitute Tables 1 and 2 set out in Schedule 2 to this Order;
c
for the Table in Part IV substitute the Table set out in Schedule 3 to this Order; and
d
in the Table in Part V of Schedule 1 in the category “Other Disablements” after the entries for “Absolute deafness” insert into the first column the word “Mesothelioma” and insert into the second column in the corresponding place the figure “100”.
Amendment of Schedule 2 (Death due to service in the armed forces)
16
In Schedule 2 —
a
for Tables 1, 2, 3, 4 and 5 of Part II substitute Tables 1, 2, 3, 4 5, 6 and 7 set out in Schedule 4 to this Order;
b
for the Table in Part III substitute the Table set out in Schedule 5 to this Order.
Amendment of Schedule 6 (interpretation)
17
In Part II of Schedule 6, insert at the appropriate place —
58A. “terminal illness” a progressive disease where, in consequence of that disease, death can reasonably be expected within 6 months (and “terminally ill” shall be construed accordingly);
.
Transitory provisions and savings
18
1
The amendments to articles 8, 10 and 14 of the principal Order shall not apply where a claim for constant attendance allowance under article 8 was made before 6th April 2009.
2
Where a member of the armed forces died before 6th April 2009, article 32 of the principal Order in force immediately before the coming into force of this Order shall apply to a claim for funeral expenses.
3
For the purposes of a deemed overpayment under article 50(3) or an abatement in respect of social security benefits under article 56, no account shall be taken of an amount payable under the Welfare Reform Act (Northern Ireland) 2007 for any period before 6th April 2009.
4
Where a claim was made before 6th April 2009, the Secretary of State may withhold or reduce a pension to or in respect of a child whose maintenance is otherwise provided for in accordance with the provisions of article 55 of the principal Order in force immediately before the coming into force of this Order.
5
Where a notice in writing of a decision of an appropriate tribunal was received by the Secretary of State before 6th April 2009, the relevant period to suspend payment of a pension or a gratuity under article 61 of the principal Order shall be one month.
6
In paragraph (5) “appropriate tribunal” and “relevant period” have the same meaning as in article 61 of the principal Order.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Motorways Traffic (M42 Motorway) (Junctions 10 to 11 Northbound) (Restriction on Use of Offside Lane) Regulations 2009 and shall come into force on 10 th August 2009.
Interpretation
2
In these Regulations —
“the specified length of carriageway” means that part of the northbound carriageway of the M42 Motorway in the County of Warwickshire which lies between–
a point 4300 metres northeast of the centre point of the M42 Motorway junction 10 roundabout; and
a point 2500 metres southwest of the centre point of the M42 Motorway junction 11 roundabout; and
“traffic officer” means an individual designated as such by the Secretary of State, or by a person authorised by the Secretary of State, in accordance with section 2 of the Traffic Management Act 2004.
Restriction on heavy commercial vehicles
3
1
No heavy commercial vehicle shall be driven or moved in the right hand or offside lane of the specified length of carriageway at any place where both the lanes are open for use by traffic proceeding in the same direction, between the hours of 0700 and 1900 on any day.
2
Nothing in this regulation shall have effect so as to require a heavy commercial vehicle to change lane during a period when it would not be reasonably practicable for it to do so without involving danger of injury to any person or inconvenience to other traffic.
Exceptions to the restriction on heavy commercial vehicles
4
The restriction in regulation 3 shall not apply —
a
to any person using the right hand or off side lane of the specified length of carriageway, where it is done in accordance with–
i
any direction or permission given by a constable in uniform;
ii
any direction or permission given by a traffic officer in uniform; or
iii
any indication given by a traffic sign;
b
where it is necessary for a person to use the right hand or off side lane of the specified length of carriageway to avoid or prevent an accident;
c
to any vehicle being used by–
i
a constable;
ii
a traffic officer in uniform;
iii
a member of an ambulance service ; or
iv
an employee of a fire and rescue authority;
where such vehicle is being used in the exercise of their duties; and
d
where it is necessary for a person to use the right hand or off side lane of the specified length of carriageway to carry out in an efficient manner —
i
the maintenance, repair, cleaning, clearance, alteration or improvement of the northbound carriageway of the M42 between junctions 10 and 11;
ii
the removal of any vehicle from the northbound carriageway of the M42 between junctions 10 and 11; or
iii
the erection, laying, placing, maintenance, testing, alteration, repair or removal or any structure, works or apparatus in, on, under, or over any part of the northbound carriageway of the M42 between junctions 10 and 11.
Signed by authority of the Secretary of State for Transport
C.D. Mole
Parliamentary Under Secretary of State
7th July 2009
Department for Transport