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Regulations subject to SSAC statutory scrutiny: 2022

Published 12 July 2024

A detailed breakdown of the regulations subject to statutory scrutiny by the Social Security Advisory Committee (SSAC) in 2022.

1. Statutory scrutiny of draft regulations

SSAC performs a mandatory scrutiny of most of the complex regulations that underpin the social security system on behalf of the Secretary of State for Work and Pensions and the Department for Communities in Northern Ireland, and also for the benefit of Parliament. Its role is to support the departments in ensuring that its secondary legislation is of high quality and that it delivers the policy intent of Ministers. The full remit of the Committee is set out in the Social Security Administration Act 1992.

The Committee also scrutinises social security legislation brought forward by HM Revenue and Customs (HMRC) in accordance with a Memorandum of understanding, and these are also included in the Regulations subject to SSAC scrutiny: 2022 table (table).

During the scrutiny process, the Committee will consider the proposals from a range of perspectives including:

  • whether the policy objective is clear and whether the regulations deliver that
  • have the consequences of the proposals been analysed and understood
  • have relevant interested parties been consulted
  • have equality impacts been properly considered
  • the degree to which the practicalities of implementation have been considered
  • how the proposals intersect with the wider social security system
  • whether there are likely to be unintended consequences

The scrutiny of draft regulations usually takes place at one of the Committee’s regular meetings, with appropriate officials from the Department for Work and Pensions (DWP), HM Revenue and Customs and/or the Department for Communities (Northern Ireland), presenting the proposals and answering any questions the Committee may have.

2. Information provided in the table

The table provides a comprehensive list of the regulations that have been presented to SSAC for scrutiny in 2022, and is designed to signpost interested parties to relevant documentation from that process. For example, links are provided in the table to:

  • the final version of the Statutory Instrument (regulations)
  • the minutes from the Committee’s scrutiny sessions
  • any subsequent exchanges of correspondence with officials and ministers

The table also indicates whether the proposals have been subject to:

  • ‘postal clearance’
  • the ‘urgency’ provision
  • ‘formal reference’

2.1 Postal clearance

In some circumstances, the Committee may agree to consider regulations by correspondence. This only applies to very straightforward and non-contentious regulations, or to those of a minor and technical nature.

2.2 Urgency provision

Sometimes regulations need to be made urgently. In such cases the Secretary of State may decide that it would be inexpedient to first submit a draft of those regulations to the Committee for statutory scrutiny before they are laid. Nonetheless, these regulations are still subject to the statutory scrutiny of the Committee after they have been laid, and we would normally expect them to be presented to SSAC’s next available meeting. Regulations made under the urgency provisions remain subject to ‘formal reference’ if the Committee concludes that is appropriate.

2.3 Formal reference

During the scrutiny process, the Committee may take the view that statutory formal reference of the regulations is necessary to enable a closer examination of the proposals to be undertaken and that collection of evidence and insight through a public consultation exercise would be beneficial.

At the end of this process, the Committee submits its advice to the Secretary of State in the form of a report. The Secretary of State is obliged by law to respond to any recommendation contained in that report. The government’s response must include a statement showing the extent to which the Secretary of State has given effect to the Committee’s recommendation(s) and, if any are rejected, the reason or reasons why.

If the Secretary of State decides to lay the regulations, SSAC’s report must be laid before Parliament alongside the statutory instrument. If the regulations have already been laid using the ‘urgency’ provision, there remains an obligation to present SSAC’s report and the government’s response to Parliament.

3. Regulations subject to SSAC scrutiny: 2022

Date of SSAC scrutiny Statutory Instrument SSAC minutes and other relevant documents relating to the statutory scrutiny process Postal clearance? Urgency? Formal Reference?
January 2022 The Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) (Amendment) Regulations 2022 – SI 2022/154 Minutes No No No
January 2022 The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2022 – SI 2022/298 Minutes Yes No No
January 2022 The Statutory Sick Pay (Medical Evidence) Regulations 2021 – SI 2021/1453 Minutes Yes No No
January 2022 The Universal Credit and Employment and Support Allowance (Terminal Illness) (Amendment) Regulations 2022 – SI 2022/260 Minutes No No No
January 2022 The Universal Credit (Administrative Earnings Threshold) (Amendment) Regulations 2022 – SI 2022/886 Minutes No No No
February 2022 The Social Security Benefits Up-rating Regulations 2022 – SI 2022/342 Not applicable Yes No No
March 2022 The Universal Credit and Jobseeker’s Allowance (Work Search and Work Availability Requirements - limitations)(Amendment) Regulations 2022 – SI 2022/108 MinutesCorrespondence between SSAC Chair and the Secretary of State for Work and Pensions No Yes No
March 2022 The Housing Benefit and Universal Credit Housing Costs (Executive Determinations) (Amendment and Modification) Regulations (Northern Ireland) 2022 – SI 2022/15 Not applicable Yes Yes No
March 2022 The Statutory Sick Pay (Coronavirus) (General Amendment) Regulations 2022 – SI 2022/380 SSAC Report on regulations and the Government’s Response No No Yes
March 2022 The Universal Credit (Energy Rebate Scheme Disregard) Regulations 2022 – SI 2022/257 Not applicable Yes No No
March 2022 The Social Security and Council Tax Reduction Schemes (Amendment) Regulations 2022 – SI 2022/449 Not applicable Yes No No
April 2022 The Universal Credit (Local Welfare Provision Disregard) (Amendment) Regulations 2022 – SI 2022/448 Not applicable Yes No No
April 2022 The Tax Credit and Child Benefit (Miscellaneous Amendments) Regulations 2022 – SI 2022/555 Minutes No No Not applicable
May 2022 The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) (no.2) Regulations 2022 – SI 2022/630 Minutes Yes No No
May 2022 The Social Security Benefits (Claims and Payments) (Modifications) Regulations 2022 – SI 2022/428 MinutesCorrespondence between SSAC Chair and Minister for Welfare DeliveryAn update provided on 7 December: Minutes No Yes No
May 2022 The Income-Related Benefits (Local Welfare Provision Disregard)(Amendment) Regulations (Northern Ireland) 2022 – SI 2022/172 Not applicable Yes Yes No
May 2022 The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 – SI 2022/344 MinutesCorrespondence between SSAC Chair and Minister for Welfare Delivery No Yes No
June 2022 The Housing Benefit and Universal Credit (Victims of Domestic Abuse and Victims of Modern Slavery) (Amendment) Regulations 2022 – SI 2022/942 Minutes No No No
June 2022 The Social Fund Winter Fuel Payment (Temporary Increase) Regulations 2022 – SI 2022/813 Minutes Yes No No
June 2022 The Social Fund (Child Funeral Fund) (No 2) Regulations (Northern Ireland) 2022 – SI 2022/179 Minutes Yes Yes No
July 2022 The Child Benefit and Tax Credits (Amendment) Regulations 2022 – SI 2022/346 Minutes Yes Yes Not applicable
September 2022 The Social Security (Habitual Residence and Past Presence) (Amendment) (No.2) Regulations 2022 – SI 2022/990 Minutes Yes No No
October 2022 The Childcare Payments (Miscellaneous Amendments) Regulations 2022 – SI 2022/1148 Minutes No No Not applicable – HMRC
November 2022 The Universal Credit (Administrative Earnings Threshold) (Amendment) Regulations 2023 – SI 2023/7 MinutesCorrespondence between SSAC Chair and Minister for Employment No No No
December 2022 The Benefit Cap (Annual Limit) (Amendment) Regulations 2023 – SI 2023/ 335 Minutes No No No