Statutory Instrument 2000 No. 1810

The Relevant Functions (Payments to Authorities) (Amendment) Order 2000

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

2000 No. 1810

SOCIAL SECURITY

The Relevant Functions (Payments to Authorities) (Amendment) Order 2000

	Made	10th July 2000
	Laid before Parliament	13th July 2000
	Coming into force	3rd August 2000

The Secretary of State for Social Security, with the consent of the Treasury[1], in exercise of the powers conferred upon him by sections 140B(1), 140C(1) and (4), and 189(1) and (4) to (7) of the Social Security Administration Act 1992[2] and of all powers enabling him in that behalf after consultation, in accordance with section 176(1)(b) of the Social Security Administration Act 1992, with organisations appearing to him to be representative of the authorities concerned, hereby makes the following Order:

Citation, commencement and interpretation
    1. - (1) This Order may be cited as the Relevant Functions (Payments to Authorities) (Amendment) Order 2000 and shall come into force on 3rd August 2000.

    (2) In this Order, "the principal Order" means the Relevant Functions (Payments to Authorities) Order 2000[3].

Amendment of the principal Order
    2. - (1) The principal Order shall be amended in accordance with the following provisions of this article.

    (2) In article 1(2) the definition of "local authority" shall be omitted.

    (3) After article 1 there shall be inserted the following article - 

    " 1A. - (1) Articles 2, 3 and 4 of this Order shall apply in the case of a local authority named in Part I of the Schedule to this Order.

    (2) Articles 5, 6 and 7 of this Order shall apply in the case of a local authority named in Part II of the Schedule to this Order.".

    (4) After article 4 there shall be inserted the following articles - 

" Determining relevant sum in relation to authorities named in Part II of the Schedule to this Order
    5. The amount of a relevant sum payable to a local authority for the year commencing on 1st April 2000 and for subsequent years shall be determined by the Secretary of State having regard to whether the expenses have been necessarily incurred in connection with carrying out a relevant function and are directly related to that function.

Records relating to a relevant sum determined in accordance with article 5
    6. The Secretary of State may require a local authority to supply such information or records as he considers necessary to satisfy him that the expenses referred to in article 5 - 


(a) are accurate and properly calculated;

(b) have been necessarily incurred in connection with the carrying out of a relevant function; and

(c) are directly related to that function.



Manner of payment of a relevant sum determined in accordance with article 5
    7.A payment of a relevant sum determined in accordance with article 5 may, at the request of the local authority, be made by the Secretary of State to a person specified in subsection (1)(b) or (c) of section 140EE of the Social Security Administration Act 1992.".

    (5) In the Schedule - 

(a) after the word "SCHEDULE" there shall be inserted the words "Part I";

(b) for the heading "LOCAL AUTHORITIES WHO MAY MAKE CLAIMS" there shall be substituted the heading "LOCAL AUTHORITIES TO WHICH ARTICLES 2, 3 AND 4 APPLY";

(c) at the end of the Schedule there shall be inserted the following - 

" Part II
LOCAL AUTHORITIES TO WHICH ARTICLES 5, 6 AND 7 APPLY

Amber Valley
Ashfield
Babergh
Bassetlaw
Bolsover
Forest Heath
Halton
Ipswich
Leeds
Mansfield
Mid-Suffolk
Newark and Sherwood
St. Edmundsbury
St. Helens
Suffolk Coastal
Vale Royal
Warrington
Waveney".

Signed by authority of the Secretary of State for Social Security.


Angela Eagle
Parliamentary Under-Secretary of State, Department of Social Security

10th July 2000



We consent,


Clive J. C. Betts

Bob Ainsworth
Two of the Lords Commissioners of Her Majesty's Treasury

10th July 2000

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Relevant Functions (Payments to Authorities) Order 2000 (S.I. 2000/848) ("the principal Order"). It provides for the process and manner by which the Secretary of State may make payments to local authorities named in the second part of the Schedule to the principal Order in respect of expenses incurred in connection with the carrying out of relevant functions as defined in section 140EE of the Social Security Administration Act 1992 (processing claims and conducting work-focused interviews).

This Order does not impose a charge on business.

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Notes:

[1] See section 189(8) of the Social Security Administration Act 1992 (c. 5); amended by paragraph 3(5) of Schedule 13 to the Housing Act 1996 (c. 52), paragraph 57(3) of Schedule 3 to the Social Security (Transfer of Functions etc.) Act 1999 (c. 2) and paragraph 10 of Schedule 3 to the Social Security (Recovery of Benefits) Act 1997 (c. 27).back

[2] 1992 c. 5; sections 140B and 140C were inserted by the Housing Act 1996, Schedule 12, paragraph 4 and section 140B(1) was amended by the Social Security Administration (Fraud) Act 1997 (c. 47), Schedule 1, paragraph 7. The sections are applied to the payments to which this Instrument relates by virtue of section 140EE of the Social Security Administration Act 1992 as inserted by the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 12, paragraph 80.back

[3] S.I. 2000/848.back

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ISBN 0 11 099527 9

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