Select Committee on Merits of Statutory Instruments Minutes of Evidence

Supplementary written evidence: second letter from Mr Richard Heaton, Director-General and

Solicitor, Department for Work and Pensions

  1.  When Phil Wynn Owen and I appeared before your Committee in November 2007, the Committee expressed concern about the large number of DWP instruments that were laid in March 2007. We undertook to identify any likely "bunching" this year, and to mitigate as best we could the obstacles it presents to effective scrutiny.

  2.  We have had some success; but the external timetabling factors we discussed at the Committee hearing mean that there will again be a number of instruments coming to you in the same seasonal pattern. However, we can report that we have managed to spread the bunching over a two month period, namely February and March. We hope that will help the Committee's consideration.

  3.  In order to assist the Committee further, I attach a list of the instruments that we plan to lay in February and March. (A small number have already been laid.) Please note that this list may not be comprehensive, though I would be surprised if it changed much at this stage. We have also tried to provide pointers to the likely content and length of the instruments, which may help the Committee to plan its business.

  4.  There is one another particular area to which we would like to draw your attention and give you more detail of our future plans. The list does not include instruments relating to the Financial Assistance Scheme (FAS). Following Andrew Young's review of pension scheme assets, the then Secretary of State, Peter Hain, made a statement on 17 December announcing extensions to the FAS. Some aspects of the proposals will require amendments to primary legislation. Other elements are, however, capable of being made under existing powers.

  5.  Members of both Houses are keen for the extensions to be implemented as soon as possible and we know, from discussions with stakeholders, that the priority is to ensure that people who are currently receiving no help from FAS get that help as soon as possible. As a result we are proposing to bring in the extensions by secondary legislation where possible and as soon as possible. We have considered carefully our obligations to consult, the desire to lay as few sets of Regulations as possible to bring in the changes and the need to ensure that proposals do not build in any unnecessary delay in getting payments to pensioners, survivors and those in ill health.

  6.  To meet these aims, we propose to lay one set of Regulations in early May, bringing in two key extensions. A further set is likely to be laid in July, having gone through a longer written consultation period and another set will be needed towards the end of 2008 to bring in the rest of the proposals. It is possible that the results of consultation will lead us to change these plans, but they are our current proposed approach for implementation of the FAS announcement.

14 February 2008

DWP Instruments to be laid in February and March 2008

Social security

Instrument	Expected month of laying
The Social Security Pensions (Home Responsibilities) Amendment Reg 08	Feb 2008
Allows Home responsibilities Protection to be claimed by partners of child benefit recipients
The Social Security (National Insurance) Amendment Regulations 2008	8 Feb 08
Inserts a list of documents required to accompany an application for a National Insurance Number as a consequence of the coming into force of the Immigration (Restrictions on Employment) Order 2007
The Social Security (Miscellaneous Amendment) Regulations 2008	Feb 08
Minor amendments to various social security regulations
The Social Security (Jobcentre Plus Interviews for Partners) Regulations 2008	Feb 08
Requires partners of JSA claimants with children to take part in work focused interviews every 6 months
The Social Security (Local Authority Investigation and Prosecution) Regulations 2008	Feb 08
Imposes conditions on local authority investigations and prosecutions of DWP benefits
The Social Fund (Applications and Miscellaneous Provisions) Regulations 2008	Jan/Feb 08
Consolidates two sets of Regulations and removes requirements for written procedures to enable crisis loads to be dealt with by telephone
Uprating Regulations	10 Mar 2008
Consequential on the 2008 Uprating Order
Provide that where a question has risen about the effect of up-rating on a benefit, the altered rates will not apply until that question has been determined.
Restrict up-rates where beneficiary lives abroad.
Raise earnings limits for CDIs payable Carer's Allowance.
Increase the amount allowed for personal expenses.
Instrument is short
Revaluation of Earnings Factors Order	Late Feb/early Mar
Directs increases in earnings factors. Short
Low Earnings Threshold Order	Late Feb/early Mar
Directs what the amount of the low earnings threshold should be for the tax years following the tax year 2007-2008. Short.
ESA and Industrial Injuries
ESA Regulations	Feb/March
Main regulations to give effect to the introduction of employment and support allowance. Very large SI (around 170 regulations and 9 Schedules)
ESA (Transitional Provisions) Regulations	Feb/March
ESA Consequentials Regulations 1	Feb/March
First set of ESA consequential amendments (large SI)
ESA Regulations consequentials 2	March
Second set of ESA consequential amendments (medium size SI)
The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2008	Feb
The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limit) Order 2008	Feb
Consequential on the 2008 Uprating Order.
Increases the amount a spouse or partner can earn without the earnings affecting an increase payable for dependent children or qualifying young persons, in respect of industrial injuries disablement benefit with unemployability supplement.
The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2008	Feb
The Workmen's Compensation (Supplementation) (Amendment) Scheme 2008	March 2008
Amends the Workmen's Compensation (Supplementation) Scheme 1982 by making adjustments to the rate of lesser incapacity allowance.
The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limit) Order 2008	March 2008
Consequential on the 2008 Uprating Order
Increases the amount a spouse or partner can earn without the earnings affecting an increase payable for dependent children or qualifying young persons, in respect of industrial injuries disablement benefit with unemployability supplement.
Occupational pensions

[NB. It is possible that some of these changes will be combined into a single instrument.]

The Occupational Pension Schemes (Non-European Schemes Exemption) Regulations 2008	Feb 08
Uses a power under the Pensions Act 2004 to exempt certain non EEA schemes from Trust requirements
The Occupational Pension Schemes (Levy Ceiling) Order 2008	7 Feb 08
Annual Order which sets the maximum amount the Pensions Protection Fund can charge pension schemes to cover compensation payments.
The Occupational Pension Schemes (Levy Ceiling—Earnings Percentage Increase) Order 2008	8 Feb 08
Annual Order which sets the maximum amount the Pensions Protection Fund can increase the charges it makes to pension schemes.
The Occupational Pensions Schemes (Transfer Values) (Amendment) Regulations 2008	March 08
Changes the method of calculating the amount that can be transferred between one pension scheme and another in certain circumstances.
Internal Dispute Regulations	March 08
Place an obligation on schemes to have internal dispute resolution (IDR) procedures in relation to pension disputes, and exempt certain disputes and schemes from IDR, they place information requirements on trustees and managers and contain transitional provisions.
The Occupational Pension Schemes (Employer Debt etc) (Amendment) Regulations	March 08
Amends the current Employer Debt Regulations, in particular to add flexibilities for employers in abiding by their obligations under s.75 and 75A of the Pensions Act 1995 to meet their debt in relation to their pension scheme's deficit
Pension Protection Fund (Payments to meet Risk-based Administration Costs) Regulations 2008	March 08
Allow the Pension Protection Fund to make payments which cover its expenditure on risk-based administration costs.
Pension Protection Fund (Misc Amendments) Regulations 2008	March 08
Makes six varied amendments to the powers of the Pension Protection Fund.
The Pensions Act 2007 (Actuarial Guidance) (Consequential Provisions) Order 2008	March 08
Makes amendments consequential upon the introduction of the Pensions Act 2007.
Occupational Pension Scheme (Levies) (Amendment) Regulations 2008	March 08
Increases the amount that pension schemes are charged to pay for the Pensions Protection Fund.
The Occupational and Personal Pension Schemes (General Levy) (Amendment) Regulations 2008	March 08
Increases the amount that pension schemes are charged to pay for the Pensions Regulator.
The Pension Protection Fund (Pension Compensation Cap) Order 2008	Mid-Feb 08
Annual Order which sets the maximum amount of compensation the Pension Protection Fund can pay.
Housing Benefit
2008 Subsidy Order	Feb
Changes the amount of subsidy paid by DWP to local authorities in relation to rent allowance cases (ie private tenancies).
2008 Rent Rebate Subsidy Limitation Order	Feb/March
Changes the amount of subsidy paid by DWP by local authorities in relation to rent rebate cases (ie public sector tenancies).
Local Housing Allowance Amendments	Feb
Makes corrections and amendments in relation to the LHA regulations which have been identified in the period between making of those regulations and commencement on 6 April 2007.
Extended payments of Housing Benefit—Modification Order	Feb
Uses powers in the Welfare Reform Act 2007 to modify the Social Security Administration Act 1992 so as to enable the extended payment regulations to be made.
Discretionary Housing Payments (Amendment) Order	Feb
Minor amendment to reduce the audit requirements relating to discretionary housing payments
Child Support
Child Support (Miscellaneous) (Amendment) Regulations 2008	Feb
Amendments regarding obligations to disclose information to the Child Support Agency
Disability Discrimination
Disability Discrimination (Public Authorities) (Statutory Duties)(Amendment) Regulations 2008	Feb/March
Amending the list of public authorities required to prepare and publish a Disability Equality Scheme
The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limit) Order 2008	March 2008
Consequential on the 2008 Uprating Order
ESA and Industrial Injuries
ESA Regulations		March
Main regulations to give effect to the introduction of employment and support allowance. Very large SI (around 170 regulations and 9 Schedules)
ESA (Transitional Provisions) Regulations		March
ESA Consequentials Regulations 1		March
First set of ESA consequential amendments (large SI)
ESA Regulations consequentials 2		March
Second set of ESA consequential amendments (large SI)
The Workmen's Compensation (Supplementation) (Amendment) Scheme 2008.		March
Amends the Workmen's Compensation (Supplementation) Scheme 1982 by making adjustments to the rate of lesser incapacity allowance.
The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limit) Order 2008		March
Consequential on the 2008 Uprating Order
Increases the amount a spouse or partner can earn without the earnings affecting an increase payable for dependent children or qualifying young persons, in respect of industrial injuries disablement benefit with unemployability supplement.

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