Commentary on Clauses 7 to 13 Clause 11: Loss of benefit regulations
135.This section contains provisions about the making of regulations by the Secretary of State.
136.Subsection (1) defines the term ‘prescribed’ to mean prescribed by, or in accordance with, regulations made by the Secretary of State.
137.Subsection (2) provides for all regulations under these provisions, other than those regulations referred to in subsection (3), to be made by the negative resolution procedure.
138.Subsection (3) lists the regulations that require the affirmative resolution procedure. These are:
139.Subsection (4) applies provisions of the Social Security Administration Act 1992 allowing the regulation-making powers in clauses 7 to 10 to be used in such a way as to make different provisions for different classes of cases, imposing conditions or creating exceptions. It also enables the regulations to include incidental, consequential and transitional provisions.
140.Subsection (5) provides that regulations under these measures can include different provision for different areas.