Report by OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings, Madina Jarbussynova, following her official visit to Turkey, 9-13 May 2016
A benefit known as universal credit is payable in accordance with this Part.
Universal credit may, subject as follows, be awarded to—
an individual who is not a member of a couple (a “single person”), or
members of a couple jointly.
An award of universal credit is, subject as follows, calculated by reference to—
a standard allowance,
an amount for responsibility for children or young persons,
an amount for housing, and
amounts for other particular needs or circumstances.
A claim may be made for universal credit by—
a single person, or
members of a couple jointly.
Regulations may specify circumstances in which a member of a couple may make a claim as a single person.
A single claimant is entitled to universal credit if the claimant meets—
the basic conditions, and
the financial conditions for a single claimant.
Joint claimants are jointly entitled to universal credit if—
each of them meets the basic conditions, and
they meet the financial conditions for joint claimants.
For the purposes of section 3, a person meets the basic conditions who—
is at least 18 years old,
has not reached the qualifying age for state pension credit,
is in Great Britain,
is not receiving education, and
has accepted a claimant commitment.
Regulations may provide for exceptions to the requirement to meet any of the basic conditions (and, for joint claimants, may provide for an exception for one or both).
For the basic condition in subsection (1)(a) regulations may specify a different minimum age for prescribed cases.
For the basic condition in subsection (1)(b), the qualifying age for state pension credit is that referred to in section 1(6) of the State Pension Credit Act 2002.
For the basic condition in subsection (1)(c) regulations may—
specify circumstances in which a person is to be treated as being or not being in Great Britain;
specify circumstances in which temporary absence from Great Britain is disregarded;
modify the application of this Part in relation to a person not in Great Britain who is by virtue of paragraph (b) entitled to universal credit.
For the basic condition in subsection (1)(d) regulations may—
specify what “receiving education” means;
specify circumstances in which a person is to be treated as receiving or not receiving education.
For the basic condition in subsection (1)(e) regulations may specify circumstances in which a person is to be treated as having accepted or not accepted a claimant commitment.
For the purposes of section 3, the financial conditions for a single claimant are that—
the claimant's capital, or a prescribed part of it, is not greater than a prescribed amount, and
the claimant's income is such that, if the claimant were entitled to universal credit, the amount payable would not be less than any prescribed minimum.
For those purposes, the financial conditions for joint claimants are that—
their combined capital, or a prescribed part of it, is not greater than a prescribed amount, and
their combined income is such that, if they were entitled to universal credit, the amount payable would not be less than any prescribed minimum.
Entitlement to universal credit does not arise—
in prescribed circumstances (even though the requirements in section 3 are met);
if the requirements in section 3 are met for a period shorter than a prescribed period;
for a prescribed period at the beginning of a period during which those requirements are met.
A period prescribed under subsection (1)(b) or (c) may not exceed seven days.
Regulations may provide for exceptions to subsection (1)(b) or (c).
Universal credit is payable in respect of each complete assessment period within a period of entitlement.
In this Part an “assessment period” is a period of a prescribed duration.
Regulations may make provision—
about when an assessment period is to start;
for universal credit to be payable in respect of a period shorter than an assessment period;
about the amount payable in respect of a period shorter than an assessment period.
In subsection (1) “period of entitlement” means a period during which entitlement to universal credit subsists.
The amount of an award of universal credit is to be the balance of—
the maximum amount (see subsection (2)), less
the amounts to be deducted (see subsection (3)).
The maximum amount is the total of—
any amount included under section 9 (standard allowance),
any amount included under section 10 (responsibility for children and young persons),
any amount included under section 11 (housing costs), and
any amount included under section 12 (other particular needs or circumstances).
The amounts to be deducted are—
an amount in respect of earned income calculated in the prescribed manner (which may include multiplying some or all earned income by a prescribed percentage), and
an amount in respect of unearned income calculated in the prescribed manner (which may include multiplying some or all unearned income by a prescribed percentage).
In subsection (3)(a) and (b) the references to income are—
in the case of a single claimant, to income of the claimant, and
in the case of joint claimants, to combined income of the claimants.
The calculation of an award of universal credit is to include an amount by way of an allowance for—
a single claimant, or
joint claimants.
Regulations are to specify the amount to be included under subsection (1).
Regulations may provide for exceptions to subsection (1).
The calculation of an award of universal credit is to include an amount for each child or qualifying young person for whom a claimant is responsible.
Regulations may make provision for the inclusion of an additional amount for each child or qualifying young person for whom a claimant is responsible who is disabled.
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Regulations are to specify, or provide for the calculation of, amounts to be included under subsection (1) or (2).
Regulations may provide for exceptions to subsection (1) ....
In this Part, “qualifying young person” means a person of a prescribed description.
The calculation of an award of universal credit is to include an amount in respect of any liability of a claimant to make payments in respect of the accommodation they occupy as their home.
For the purposes of subsection (1)—
the accommodation must be in Great Britain;
the accommodation must be residential accommodation;
it is immaterial whether the accommodation consists of the whole or part of a building and whether or not it comprises separate and self-contained premises.
Regulations may make provision as to—
what is meant by payments in respect of accommodation for the purposes of this section ...;
circumstances in which a claimant is to be treated as liable or not liable to make such payments;
circumstances in which a claimant is to be treated as occupying or not occupying accommodation as their home (and, in particular, for temporary absences to be disregarded);
circumstances in which land used for the purposes of any accommodation is to be treated as included in the accommodation.
Regulations are to provide for the determination or calculation of any amount to be included under this section.
Regulations may—
provide for exceptions to subsection (1);
provide for inclusion of an amount under this section in the calculation of an award of universal credit—
to end at a prescribed time, or
not to start until a prescribed time.
The calculation of an award of universal credit is to include amounts in respect of such particular needs or circumstances of a claimant as may be prescribed.
The needs or circumstances prescribed under subsection (1) may include—
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the fact that a claimant has limited capability for work and work-related activity;
the fact that a claimant has regular and substantial caring responsibilities for a severely disabled person.
Regulations are to specify, or provide for the determination or calculation of, any amount to be included under subsection (1).
Regulations may—
provide for inclusion of an amount under this section in the calculation of an award of universal credit—
to end at a prescribed time, or
not to start until a prescribed time;
provide for the manner in which a claimant's needs or circumstances are to be determined.
This Chapter provides for the Secretary of State to impose work-related requirements with which claimants must comply for the purposes of this Part.
In this Part “work-related requirement” means—
a work-focused interview requirement (see section 15);
a work preparation requirement (see section 16);
a work search requirement (see section 17);
a work availability requirement (see section 18).
The work-related requirements which may be imposed on a claimant depend on which of the following groups the claimant falls into—
no work-related requirements (see section 19);
work-focused interview requirement only (see section 20);
work-focused interview and work preparation requirements only (see section 21);
all work-related requirements (see section 22).
A claimant commitment is a record of a claimant's responsibilities in relation to an award of universal credit.
A claimant commitment is to be prepared by the Secretary of State and may be reviewed and updated as the Secretary of State thinks fit.
A claimant commitment is to be in such form as the Secretary of State thinks fit.
A claimant commitment is to include—
a record of the requirements that the claimant must comply with under this Part (or such of them as the Secretary of State considers it appropriate to include),
any prescribed information, and
any other information the Secretary of State considers it appropriate to include.
For the purposes of this Part a claimant accepts a claimant commitment if, and only if, the claimant accepts the most up-to-date version of it in such manner as may be prescribed.
In this Part a “work-focused interview requirement” is a requirement that a claimant participate in one or more work-focused interviews as specified by the Secretary of State.
A work-focused interview is an interview for prescribed purposes relating to work or work preparation.
The purposes which may be prescribed under subsection (2) include in particular that of making it more likely in the opinion of the Secretary of State that the claimant will obtain paid work (or more paid work or better-paid work).
The Secretary of State may specify how, when and where a work-focused interview is to take place.
In this Part a “work preparation requirement” is a requirement that a claimant take particular action specified by the Secretary of State for the purpose of making it more likely in the opinion of the Secretary of State that the claimant will obtain paid work (or more paid work or better-paid work).
The Secretary of State may under subsection (1) specify the time to be devoted to any particular action.
Action which may be specified under subsection (1) includes in particular—
attending a skills assessment;
improving personal presentation;
participating in training;
participating in an employment programme;
undertaking work experience or a work placement;
developing a business plan;
any action prescribed for the purpose in subsection (1).
In the case of a person with limited capability for work, the action which may be specified under subsection (1) includes taking part in a work-focused health-related assessment.
In subsection (4) “work-focused health-related assessment” means an assessment by a health care professional approved by the Secretary of State which is carried out for the purpose of assessing—
the extent to which the person's capability for work may be improved by taking steps in relation to their physical or mental condition, and
such other matters relating to their physical or mental condition and the likelihood of their obtaining or remaining in work or being able to do so as may be prescribed.
In subsection (5) “health care professional” means—
a registered medical practitioner,
a registered nurse,
an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999, or
a member of such other profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 as may be prescribed.
In this Part a “work search requirement” is a requirement that a claimant take— for the purpose of obtaining paid work (or more paid work or better-paid work).
all reasonable action, and
any particular action specified by the Secretary of State,
The Secretary of State may under subsection (1)(b) specify the time to be devoted to any particular action.
Action which may be specified under subsection (1)(b) includes in particular—
carrying out work searches;
making applications;
creating and maintaining an online profile;
registering with an employment agency;
seeking references;
any action prescribed for the purpose in subsection (1).
Regulations may impose limitations on a work search requirement by reference to the work to which it relates; and the Secretary of State may in any particular case specify further such limitations on such a requirement.
A limitation under subsection (4) may in particular be by reference to— and may be indefinite or for a particular period.
work of a particular nature,
work with a particular level of remuneration,
work in particular locations, or
work available for a certain number of hours per week or at particular times,
In this Part a “work availability requirement” is a requirement that a claimant be available for work.
For the purposes of this section “available for work” means able and willing immediately to take up paid work (or more paid work or better-paid work).
Regulations may impose limitations on a work availability requirement by reference to the work to which it relates; and the Secretary of State may in any particular case specify further such limitations on such a requirement.
A limitation under subsection (3) may in particular be by reference to— and may be indefinite or for a particular period.
work of a particular nature,
work with a particular level of remuneration,
work in particular locations, or
work available for a certain number of hours per week or at particular times,
Regulations may for the purposes of subsection (2) define what is meant by a person being able and willing immediately to take up work.
The Secretary of State may not impose any work-related requirement on a claimant falling within this section.
A claimant falls within this section if—
the claimant has limited capability for work and work-related activity,
the claimant has regular and substantial caring responsibilities for a severely disabled person,
the claimant is the responsible carer for a child under the age of 1, or
the claimant is of a prescribed description.
Regulations under subsection (2)(d) may in particular make provision by reference to one or more of the following—
hours worked;
earnings or income;
the amount of universal credit payable.
Regulations under subsection (3) may—
in the case of a claimant who is a member of the couple, make provision by reference to the claimant alone or by reference to the members of the couple together;
make provision for estimating or calculating any matter for the purpose of the regulations.
Where a claimant falls within this section, any work-related requirement previously applying to the claimant ceases to have effect.
In this Part “responsible carer”, in relation to a child means—
a single person who is responsible for the child, or
a person who is a member of a couple where—
the person or the other member of the couple is responsible for the child, and
the person has been nominated by the couple jointly as responsible for the child.
A claimant falls within this section if—
the claimant is the responsible carer for a child who is aged 1, or
the claimant is of a prescribed description.
The Secretary of State may, subject to this Part, impose a work-focused interview requirement on a claimant falling within this section.
The Secretary of State may not impose any other work-related requirement on a claimant falling within this section (and, where a claimant falls within this section, any other work-related requirement previously applying to the claimant ceases to have effect).
A claimant falls within this section if the claimant does not fall within section 19 or 20 and—
the claimant has limited capability for work,
the claimant is of a prescribed description.
the claimant is the responsible carer for a child who is aged 2, or
The Secretary of State may, subject to this Part, impose a work preparation requirement on a claimant falling within this section.
The Secretary of State may also, subject to this Part, impose a work-focused interview requirement on a claimant falling within this section.
The Secretary of State may not impose any other work-related requirement on a claimant falling within this section (and, where a claimant falls within this section, any other work-related requirement previously applying to the claimant ceases to have effect).
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A claimant not falling within any of sections 19 to 21 falls within this section.
The Secretary of State must, except in prescribed circumstances, impose on a claimant falling within this section—
a work search requirement, and
a work availability requirement.
The Secretary of State may, subject to this Part, impose either or both of the following on a claimant falling within this section—
a work-focused interview requirement;
a work preparation requirement.
The Secretary of State may require a claimant to participate in an interview for any purpose relating to—
the imposition of a work-related requirement on the claimant;
verifying the claimant's compliance with a work-related requirement;
assisting the claimant to comply with a work-related requirement.
The Secretary of State may specify how, when and where such an interview is to take place.
The Secretary of State may, for the purpose of verifying the claimant's compliance with a work-related requirement, require a claimant to—
provide to the Secretary of State information and evidence specified by the Secretary of State in a manner so specified;
confirm compliance in a manner so specified.
The Secretary of State may require a claimant to report to the Secretary of State any specified changes in their circumstances which are relevant to—
the imposition of work-related requirements on the claimant;
the claimant's compliance with a work-related requirement.
Regulations may make provision—
where the Secretary of State may impose a requirement under this Part, as to when the requirement must or must not be imposed;
where the Secretary of State may specify any action to be taken in relation to a requirement under this Part, as to what action must or must not be specified;
where the Secretary of State may specify any other matter in relation to a requirement under this Part, as to what must or must not be specified in respect of that matter.
Where the Secretary of State may impose a work-focused interview requirement, or specify a particular action under section 16(1) or 17(1)(b), the Secretary of State must have regard to such matters as may be prescribed.
Where the Secretary of State may impose a requirement under this Part, or specify any action to be taken in relation to such a requirement, the Secretary of State may revoke or change what has been imposed or specified.
Notification of a requirement imposed under this Part (or any change to or revocation of such a requirement) is, if not included in the claimant commitment, to be in such manner as the Secretary of State may determine.
Regulations must make provision to secure that, in prescribed circumstances, where a claimant has recently been a victim of domestic violence—
a requirement imposed on that claimant under this Part ceases to have effect for a period of 13 weeks, and
the Secretary of State may not impose any other requirement under this Part on that claimant during that period.
For the purposes of subsection (5)—
“domestic violence” has such meaning as may be prescribed;
“victim of domestic violence“ means a person on or against whom domestic violence is inflicted or threatened (and regulations under subsection (5) may prescribe circumstances in which a person is to be treated as being or not being a victim of domestic violence);
a person has recently been a victim of domestic violence if a prescribed period has not expired since the violence was inflicted or threatened.
Regulations may make provision as to circumstances in which a claimant is to be treated as having—
complied with or not complied with any requirement imposed under this Part or any aspect of such a requirement, or
taken or not taken any particular action specified by the Secretary of State in relation to such a requirement.
The amount of an award of universal credit is to be reduced in accordance with this section in the event of a failure by a claimant which is sanctionable under this section.
It is a failure sanctionable under this section if a claimant falling within section 22—
fails for no good reason to comply with a requirement imposed by the Secretary of State under a work preparation requirement to undertake a work placement of a prescribed description;
fails for no good reason to comply with a requirement imposed by the Secretary of State under a work search requirement to apply for a particular vacancy for paid work;
fails for no good reason to comply with a work availability requirement by not taking up an offer of paid work;
by reason of misconduct, or voluntarily and for no good reason, ceases paid work or loses pay.
It is a failure sanctionable under this section if by reason of misconduct, or voluntarily and for no good reason, a claimant falling within section 19 by virtue of subsection (3) of that section ceases paid work or loses pay so as to cease to fall within that section and to fall within section 22 instead.
It is a failure sanctionable under this section if, at any time before making the claim by reference to which the award is made, the claimant— and at the time the award is made the claimant falls within section 22.
for no good reason failed to take up an offer of paid work, or
by reason of misconduct, or voluntarily and for no good reason, ceased paid work or lost pay,
For the purposes of subsections (2) to (4) regulations may provide—
for circumstances in which ceasing to work or losing pay is to be treated as occurring or not occurring by reason of misconduct or voluntarily;
for loss of pay below a prescribed level to be disregarded.
Regulations are to provide for—
the amount of a reduction under this section;
the period for which such a reduction has effect, not exceeding three years in relation to any failure sanctionable under this section.
Regulations under subsection (6)(b) may in particular provide for the period of a reduction to depend on either or both of the following—
the number of failures by the claimant sanctionable under this section;
the period between such failures.
Regulations may provide—
for cases in which no reduction is to be made under this section;
for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;
for the termination or suspension of a reduction under this section.
The amount of an award of universal credit is to be reduced in accordance with this section in the event of a failure by a claimant which is sanctionable under this section.
It is a failure sanctionable under this section if a claimant—
fails for no good reason to comply with a work-related requirement;
fails for no good reason to comply with a requirement under section 23.
But a failure by a claimant is not sanctionable under this section if it is also a failure sanctionable under section 26.
Regulations are to provide for—
the amount of a reduction under this section, and
the period for which such a reduction has effect.
Regulations under subsection (4)(b) may provide that a reduction under this section in relation to any failure is to have effect for—
a period continuing until the claimant meets a compliance condition specified by the Secretary of State,
a fixed period not exceeding 26 weeks which is—
specified in the regulations, or
determined in any case by the Secretary of State, or
a combination of both.
In subsection (5)(a) “compliance condition” means—
a condition that the failure ceases, or
a condition relating to future compliance with a work-related requirement or a requirement under section 23.
A compliance condition specified under subsection (5)(a) may be—
revoked or varied by the Secretary of State;
notified to the claimant in such manner as the Secretary of State may determine.
A period fixed under subsection (5)(b) may in particular depend on either or both the following—
the number of failures by the claimant sanctionable under this section;
the period between such failures.
Regulations may provide—
for cases in which no reduction is to be made under this section;
for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;
for the termination or suspension of a reduction under this section.
Regulations may make provision for the making of additional payments by way of universal credit to a claimant (“hardship payments”) where—
the amount of the claimant's award is reduced under section 26 or 27, and
the claimant is or will be in hardship.
Regulations under this section may in particular make provision as to—
circumstances in which a claimant is to be treated as being or not being in hardship;
matters to be taken into account in determining whether a claimant is or will be in hardship;
requirements or conditions to be met by a claimant in order to receive hardship payments;
the amount or rate of hardship payments;
the period for which hardship payments may be made;
whether hardship payments are recoverable.
The functions of the Secretary of State under sections 13 to 25 may be exercised by, or by the employees of, such person as the Secretary of State may authorise for the purpose (an “authorised person”).
An authorisation given by virtue of this section may authorise the exercise of a function—
wholly or to a limited extent;
generally or in particular cases or areas;
unconditionally or subject to conditions.
An authorisation under this section—
may specify its duration;
may be varied or revoked at any time by the Secretary of State;
does not prevent the Secretary of State or another person from exercising the function to which the authorisation relates.
Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Secretary of State or (as the case may be) an officer of the Secretary of State.
Subsection (4) does not apply—
for the purposes of so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function, or
for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of that person).
Where— the authorised person is entitled to treat the contract as repudiated by the Secretary of State (and not as frustrated by reason of the revocation).
the authorisation of an authorised person is revoked, and
at the time of the revocation so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function is subsisting,
Schedule 1 contains supplementary regulation-making powers.
Schedule 2 contains supplementary and consequential amendments.
The appropriate authority may by regulations make such consequential, supplementary, incidental or transitional provision in relation to any provision of this Part as the authority considers appropriate.
The appropriate authority is the Secretary of State, subject to subsection (3).
The appropriate authority is the Welsh Ministers for—
provision which would be within the legislative competence of the National Assembly for Wales were it contained in an Act of the Assembly;
provision which could be made by the Welsh Ministers under any other power conferred on them.
Regulations under this section may amend, repeal or revoke any primary or secondary legislation (whenever passed or made).
The following benefits are abolished—
income-based jobseeker's allowance under the Jobseekers Act 1995;
income-related employment and support allowance under Part 1 of the Welfare Reform Act 2007;
income support under section 124 of the Social Security Contributions and Benefits Act 1992;
housing benefit under section 130 of that Act;
council tax benefit under section 131 of that Act;
child tax credit and working tax credit under the Tax Credits Act 2002.
In subsection (1)—
“income-based jobseeker's allowance” has the same meaning as in the Jobseekers Act 1995;
“income-related employment and support allowance” means an employment and support allowance entitlement to which is based on section 1(2)(b) of the Welfare Reform Act 2007.
Schedule 3 contains consequential amendments.
Schedule 4 provides for a housing element of state pension credit in consequence of the abolition of housing benefit by section 33.
Schedule 5 makes further provision relating to universal credit, jobseeker's allowance and employment and support allowance.
Schedule 6 contains provision about the replacement of benefits by universal credit.
For the purposes of this Part a claimant has limited capability for work if—
the claimant's capability for work is limited by their physical or mental condition, and
the limitation is such that it is not reasonable to require the claimant to work.
For the purposes of this Part a claimant has limited capability for work-related activity if—
the claimant's capability for work-related activity is limited by their physical or mental condition, and
the limitation is such that it is not reasonable to require the claimant to undertake work-related activity.
The question whether a claimant has limited capability for work or work-related activity for the purposes of this Part is to be determined in accordance with regulations.
Regulations under this section must, subject as follows, provide for determination of that question on the basis of an assessment (or repeated assessments) of the claimant.
Regulations under this section may for the purposes of an assessment—
require a claimant to provide information or evidence (and may require it to be provided in a prescribed manner or form);
require a claimant to attend and submit to a medical examination at a place, date and time determined under the regulations.
Regulations under this section may make provision for a claimant to be treated as having or not having limited capability for work or work-related activity.
Regulations under subsection (6) may provide for a claimant who fails to comply with a requirement imposed under subsection (5) without a good reason to be treated as not having limited capability for work or work-related activity.
Regulations under subsection (6) may provide for a claimant to be treated as having limited capability for work until—
it has been determined whether or not that is the case, or
the claimant is under any other provision of regulations under subsection (6) treated as not having it.
Regulations under this section may provide for determination of the question of whether a claimant has limited capability for work or work-related activity even where the claimant is for the time being treated under regulations under subsection (6) as having limited capability for work or work-related activity.
Information supplied under Chapter 2 of this Part or section 37 is to be taken for all purposes to be information relating to social security.
In this Part “couple” means—
a man and woman who are married to each other and are members of the same household;
a man and woman who are not married to each other but are living together as husband and wife;
two people of the same sex who are civil partners of each other and are members of the same household;
two people of the same sex who are not civil partners of each other but are living together as civil partners.
In this Part “couple” means—
two people who are married to, or civil partners of, each other and are members of the same household; or
two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners.
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For the purposes of this section regulations may prescribe—
circumstances in which the fact that two persons are married or are civil partners is to be disregarded;
circumstances in which two people are to be treated as living together as if they were a married couple or civil partners;
circumstances in which people are to be treated as being or not being members of the same household.
In this Part—
a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
In section 8 of the Child Support Act 1991 (role of courts with respect to maintenance for children), in subsection (8)(a), at the beginning there is inserted “an allowance under Part 4 of the Welfare Reform Act 2012 (personal independence payment) or”.
tax credits, and
Regulations may provide— Regulations may provide—
This paragraph applies in relation to an award of universal credit where the calculation of the amount of the award includes, by virtue of any provision of this Part, an amount in respect of particular costs which a claimant may incur. Regulations may provide for liability to pay all or part of the award to be discharged by means of provision of a voucher. But the amount paid by means of a voucher may not in any case exceed the total of the amounts referred to in sub-paragraph (1) which are included in the calculation of the amount of the award. For these purposes a voucher is a means other than cash by which a claimant may to any extent meet costs referred to in sub-paragraph (1) of a particular description. A voucher may for these purposes—
The Immigration and Asylum Act 1999 is amended as follows.
Section 122 of the Housing Act 1996 (rent officers) is amended as follows. In the heading, at the end there is inserted “and housing credit”. In subsection (1), at the end there is inserted “or housing credit (within the meaning of the State Pension Credit Act 2002)“.
In section 97 (provision of support: supplemental), in subsection (5)—
before paragraph (a) there is inserted—;
in paragraph (b) after “components” there is inserted “ or elements ”.
In section 115(1) (exclusion from benefits of persons subject to immigration control) after “is entitled” there is inserted “ to universal credit under Part 1 of the Welfare Reform Act 2012 or ”.
“single claimant” means a single person who makes a claim for universal credit or in relation to whom an award of universal credit is made as a single person;
which is conferred by or under section 2 of, or Schedule 2 to, the Savings (Government Contributions) Act 2017 (bonuses in respect of savings in Help-to-Save accounts);
“couple” has the meaning given by section 39;
In Schedule 3 to the Social Security Act 1998 (decisions against which an appeal lies), in paragraph 8 and in the heading to that paragraph, for “jobseeker's agreement” there is substituted “ claimant commitment ”.
The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.
The Vaccine Damage Payments Act 1979 is amended as follows.
Personal independence payment WRA 2012 Section 77 Any provision made for Northern Ireland which corresponds to section 77 of WRA 2012
Section 4 (appeals to appeal tribunals) is amended as follows. After subsection (1A) there is inserted— At the end of subsection (2) there is inserted—
WRA 2012 The Welfare Reform Act 2012
Section 8 (regulations) is amended as follows. In subsection (2)(a) the words from “which shall be” to “House of Parliament” are repealed. After that subsection there is inserted— At the end there is inserted—
Any power to make— may be exercised so as to make provision for piloting purposes.
regulations under this Part,
regulations under the Social Security Administration Act 1992 relating to universal credit, or
regulations under the Social Security Act 1998 relating to universal credit,
In subsection (1), “piloting purposes”, in relation to any provision, means the purposes of testing—
the extent to which the provision is likely to make universal credit simpler to understand or to administer,
the extent to which the provision is likely to promote—
people remaining in work, or
people obtaining or being able to obtain work (or more work or better-paid work), or
the extent to which, and how, the provision is likely to affect the conduct of claimants or other people in any other way.
Regulations made by virtue of this section are in the remainder of this section referred to as a “pilot scheme“.
A pilot scheme may be limited in its application to—
one or more areas;
one or more classes of person;
persons selected—
by reference to prescribed criteria, or
on a sampling basis.
A pilot scheme may not have effect for a period exceeding three years, but—
the Secretary of State may by order made by statutory instrument provide that the pilot scheme is to continue to have effect after the time when it would otherwise expire for a period not exceeding twelve months (and may make more than one such order);
a pilot scheme may be replaced by a further pilot scheme making the same or similar provision.
A pilot scheme may include consequential or transitional provision in relation to its expiry.
Regulations under this Part are to be made by the Secretary of State, unless otherwise provided.
A power to make regulations under this Part may be exercised—
so as to make different provision for different cases or purposes;
in relation to all or only some of the cases or purposes for which it may be exercised.
Such a power includes—
power to make incidental, supplementary, consequential or transitional provision or savings;
power to provide for a person to exercise a discretion in dealing with any matter.
Each power conferred by this Part is without prejudice to the others.
Where regulations under this Part provide for an amount, the amount may be zero.
Where regulations under this Part provide for an amount for the purposes of an award (or a reduction from an award), the amount may be different in relation to different descriptions of person, and in particular may depend on—
whether the person is a single person or a member of a couple;
the age of the person.
Regulations under section 11(4) or 12(3) which provide for the determination or calculation of an amount may make different provision for different areas.
Regulations under this Part are to be made by statutory instrument.
A statutory instrument containing regulations made by the Secretary of State under this Part is subject to the negative resolution procedure, subject as follows.
A statutory instrument containing the first regulations made by the Secretary of State under any of the following, alone or with other regulations, is subject to the affirmative resolution procedure—
section 4(7) (acceptance of claimant commitment);
section 5(1)(a) and (2)(a) (capital limits);
section 8(3) (income to be deducted in award calculation);
section 9(2) and (3) (standard allowance);
section 10(3) and (4) (children and young persons element);
section 11 (housing costs element);
section 12 (other needs and circumstances element);
section 18(3) and (5) (work availability requirement);
section 19(2)(d) (claimants subject to no work-related requirements);
sections 26 and 27 (sanctions);
section 28 (hardship payments);
paragraph 4 of Schedule 1 (calculation of capital and income);
paragraph 1(1) of Schedule 6 (migration), where making provision under paragraphs 4, 5 and 6 of that Schedule.
A statutory instrument containing regulations made by the Secretary of State by virtue of section 41 (pilot schemes), alone or with other regulations, is subject to the affirmative resolution procedure.
A statutory instrument containing regulations made by the Secretary of State under this Part is subject to the affirmative resolution procedure if—
it also contains regulations under another enactment, and
an instrument containing those regulations would apart from this section be subject to the affirmative resolution procedure.
For the purposes of subsections (2) to (5)—
a statutory instrument subject to the “negative resolution procedure” is subject to annulment in pursuance of a resolution of either House of Parliament;
a statutory instrument subject to the “affirmative resolution procedure” may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
A statutory instrument containing regulations made by the Welsh Ministers under section 32 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.
The Jobseekers Act 1995 is amended as follows.
In section 1 (the jobseeker's allowance), in subsection (2)(b) for “entered into a jobseeker's agreement which remains in force” there is substituted “ accepted a claimant commitment ”.
For section 9 (the jobseeker's agreement) there is substituted—
For section 10 (variation of jobseeker's agreement) there is substituted—
“employment officer”, for any purpose of this Act, means an officer of the Secretary of State or such other person as may be designated for that purpose by an order made by the Secretary of State;
In section 8 of the Jobseekers Act 1995 (attendance, information and evidence), in subsections (1)(a) and (1A)(a) for “attend at such place and at such time” there is substituted “ participate in an interview in such manner, time and place ”.
For section 19 of the Jobseekers Act 1995 (circumstances in which a jobseeker's allowance is not payable) there is substituted—
In section 37 of that Act (parliamentary control), in subsection (1), before paragraph (b) there is inserted—.
In Schedule 1 to that Act—
in the heading preceding paragraph 14B for “or just cause” there is substituted “ reason ”;
before paragraph 14B there is inserted—;
in paragraph 14B, in sub-paragraph (1)—
for “this Act” there is substituted “ paragraph 14AA ”;
for “good cause or just cause“ there is substituted “ a good reason ”.
In Schedule 3 to the Social Security Act 1998 (decisions against which an appeal lies), in paragraph 3, paragraphs (d) and (da) are repealed.
In section 37 of the Jobseekers Act 1995 (parliamentary control), in subsection (1)(c) (regulations subject to affirmative procedure), “6, 7,” is repealed.
Schedule 7 contains consequential amendments relating to sections 44 to 46.
The Jobseekers Act 1995 is amended as follows.
In section 1(2) (conditions of entitlement), paragraphs (a) and (c) are repealed.
For sections 6 to 10 (and the italic heading preceding section 6) there is substituted—
In section 29 (pilot schemes), in subsection (8), for the words from “ascertaining” to the end there is substituted “testing the extent to which the provision made by the regulations is likely to promote—
people remaining in work, or
people obtaining or being able to obtain work (or more work or better-paid work).”
“work availability requirement” has the meaning given by section 6E; “work preparation requirement” has the meaning given by section 6C; “work search requirement” has the meaning given by section 6D; “work-focused interview requirement” has the meaning given by section 6B; “work-related requirement” has the meaning given by section 6;
In section 37 (parliamentary control), in subsection (1), after paragraph (a) there is inserted—.
In section 1 of the Welfare Reform Act 2007 (employment and support allowance), after subsection (6) there is inserted—
In a case where— subsection (1) shall be regarded as having been in force in relation to that period.
an award of an employment and support allowance is made to a person in respect of any period of time before the coming into force of subsection (1), and
the person was not entitled to an employment and support allowance in relation to that period but would have been had subsection (1) been in force in relation to that period,
After section 1 of the Welfare Reform Act 2007 there is inserted—
In section 25 of that Act (regulations)—
in the heading, after “regulations” there is inserted “and orders“;
in subsection (1), after “regulations” there is inserted “or an order“.
In section 26 of that Act (Parliamentary control), at the end there is inserted—
In Schedule 4 to that Act (transition relating to Part 1), in paragraph 7(2), at the end there is inserted—
After section 1A of the Welfare Reform Act 2007 (as inserted by section 51 above) there is inserted—
In section 1 of that Act (employment and support allowance), in the definition of “contributory allowance” in subsection (7), after “subsection (2)(a)” there is inserted “ (and see section 1B(2)) ”.
In section 1 of the Welfare Reform Act 2007 (employment and support allowance), after subsection (3) there is inserted—
The Welfare Reform Act 2007 is amended as follows.
In section 1(3) (employment and support allowance: basic conditions) after paragraph (a) there is inserted—.
After section 1B (as inserted by section 52 above) there is inserted—
In section 15(2)(b) (directions about work-related activity) for the words from “by” to “14” there is substituted “ in such manner as the Secretary of State thinks fit ”.
In section 16(1) (contracting out) before paragraph (a) there is inserted—.
In Schedule 2 (supplementary provisions) after paragraph 4 there is inserted—
In section 31(2) of the Welfare Reform Act 2009 (action plans: well-being of children), in subsection (5) inserted into section 14 of the Welfare Reform Act 2007, after “preparing any” there is inserted “ claimant commitment or ”.
In section 13 of the Welfare Reform Act 2007 (work-related activity), after subsection (7) there is inserted—
In the Welfare Reform Act 2007 after section 16 there is inserted—
The Welfare Reform Act 2007 is amended as follows.
For sections 11 to 16 (and the italic heading preceding section 11) there is substituted—
In section 19 (pilot schemes), in subsection (3), for the words from “ascertaining” to the end there is substituted “testing the extent to which the provision made by the regulations is likely to promote—
people remaining in work, or
people obtaining or being able to obtain work (or more work or better-paid work).”
In section 24 (interpretation), in subsection (1)—
“child” means a person under the age of 16; “single person” means an individual who is not a member of a couple (within the meaning of Part 1 of the Welfare Reform Act 2012); “work” has such meaning as may be prescribed; “work-focused interview requirement” has the meaning given by section 11B; “work preparation requirement” has the meaning given by section 11C; “work-related requirement” has the meaning given by section 11;
“work-related activity”, in relation to a person, means activity which makes it more likely that the person will obtain or remain in work or be able to do so;
In section 25 (regulations), in subsection (6), for “to 15” there is substituted “ to 11J ”.
In section 26 (parliamentary control), in subsection (1), after paragraph (a) there is inserted—.
In Schedule 2 (supplementary)—
in the heading preceding paragraph 10A, for “cause” there is substituted “ reason ”;
before paragraph 10A there is inserted—;
in paragraph 10A (good cause), in sub-paragraph (1)—
for “section 11, 12 or 13“ there is substituted “ paragraph 10ZA ”;
for “good cause” there is substituted “ a good reason ”.
In that Schedule, after paragraph 10A there is inserted—
In that Schedule, in paragraph 13 (information), for “13” there is substituted “ 11K ”.
The Welfare Reform Act 2009 is amended as follows.
In section 3(1), in paragraph (b) of subsection (1A) to be inserted into section 124 of the Social Security Contributions and Benefits Act 1992 (lone parents with a child under 7 to be included in regulations as a category of person entitled to income support), for “7” there is substituted “ 5 ”.
In section 8 (parliamentary procedure for regulations imposing a requirement on lone parents with a child under 7 to undertake work-related activity), in the heading and in subsection (1), for “7“ there is substituted “ 5 ”.
The Social Security Contributions and Benefits Act 1992 is amended as follows.
Section 124 (income support) is amended as follows—
in subsection (1), after paragraph (e) there is inserted—;
after subsection (1B) there is inserted—
After section 124 there is inserted—
In section 2F of the Social Security Administration Act 1992 (directions about work-related activity), in subsection (3)(b), for the words from “by” to “2E” there is substituted “ in such manner as the Secretary of State thinks fit ”.
In section 2G of that Act (contracting out), in subsection (1), at the end there is inserted—
Section 17C of, and Schedule A1 to, the Jobseekers Act 1995 (persons dependent on drugs etc: jobseekers allowance) are repealed.
Section 15A of, and Schedule 1A to, the Welfare Reform Act 2007 (persons dependent on drugs etc: employment and support allowance) are repealed.
In the Welfare Reform Act 2009, section 11 and Schedule 3 (which includes provision for review of the provisions repealed by this section) are repealed.
The Jobseekers Act 1995 is amended as follows.
In section 1 (jobseeker's allowance), in subsection (2), before paragraph (a) there is inserted—.
In that section, after subsection (3) there is inserted—
In Schedule 1 (supplementary provisions), after paragraph 8 there is inserted—
The Welfare Reform Act 2007 is amended as follows.
In section 1 (employment and support allowance), in subsection (3), before paragraph (a) there is inserted—.
In that section, after subsection (3A) there is inserted—
In Schedule 2 (supplementary provisions), after paragraph 4A (as inserted by section 54 of this Act) there is inserted—
The Social Security Contributions and Benefits Act 1992 is amended as follows.
In section 35 (state maternity allowance)—
in subsection (1), at the end there is inserted “and;
in subsection (3), before paragraph (a) there is inserted—.
In section 164 (statutory maternity pay)—
in subsection (2), after paragraph (a) there is inserted—;
in subsection (9), after paragraph (d) there is inserted—.
In section 171ZA (ordinary statutory paternity pay: birth)—
in subsection (2), after paragraph (b) there is inserted—;
after subsection (3) there is inserted—
In section 171ZB (ordinary statutory paternity pay: adoption)—
in subsection (2), after paragraph (b) there is inserted—;
after subsection (3) there is inserted—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (2), after paragraph (b) there is inserted—;
in subsection (3), before paragraph (a) there is inserted—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (2), after paragraph (b) there is inserted—;
in subsection (3), before paragraph (a) there is inserted—.
In section 171ZL (statutory adoption pay: entitlement)—
in subsection (2), after paragraph (b) there is inserted—;
in subsection (3), after “(2)(b)“ there is inserted “, (ba)”;
in subsection (8), before paragraph (a) there is inserted—.
After section 173 there is inserted—
In Schedule 11 (statutory sick pay: circumstances in which periods of entitlement do not arise)—
in paragraph 2, at the end there is inserted—;
at the end there is inserted—
In Part 5 of the Social Security Contributions and Benefits Act 1992 (industrial injuries benefit), the following provisions are repealed—
in section 94(1), the words “after 4th July 1948”;
in section 103(2)(a), the words “after 4th July 1948”;
in section 108(1), the words “and which developed after 4th July 1948”;
in section 108(3), the words “but not before 5th July 1948”;
in section 109(5)(a), the words “after 4th July 1948”;
in section 109(5)(b) and (6)(a), the words “and developed after 4th July 1948”.
Accordingly, section 111 and Schedule 8 of that Act (which relate to compensation and benefits in respect of industrial injuries before 5 July 1948) are repealed.
The Secretary of State may make regulations—
for, and in relation to, the payment of industrial injuries benefit to persons to whom, before the commencement of this section, compensation or benefits were payable under section 111 of, and Schedule 8 to, the Social Security Contributions and Benefits Act 1992;
for claims for the payment of such compensation or benefit to be treated as claims for industrial injuries benefit.
In subsection (3) “industrial injuries benefit” has the meaning given by section 122(1) of the Social Security Contributions and Benefits Act 1992.
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In Schedule 4 to the Social Security Contributions and Benefits Act 1992 (rates of benefits), Part 5 (rates of industrial injuries benefit) is amended as follows.
In entry 1 (which relates to disablement pension (weekly rates)), in the second column (“Rate”)—
in the opening words, for the words from “in that Table” to the end of paragraph (b) there is substituted “ in column (2) of that Table. ”;
in the Table, column (3) is repealed.
In entry 4 (which relates to the maximum of aggregate of weekly benefit payable for successive accidents), in the second column (“Rate”)—
paragraph (a) is repealed, except for the monetary amount specified;
paragraph (b) is repealed, including the monetary amount specified.
After section 95 of the Social Security Contributions and Benefits Act 1992 there is inserted—
In section 11 of the Employment and Training Act 1973 (financial provision), in subsection (3) (power to make payments in respect of trainees equivalent to social security benefits payable in respect of employees), for “Parts II to V” there is substituted “Parts 2 to 4“.
The Secretary of State may make regulations—
for, and in relation to, the payment of industrial injuries benefit to persons to whom, before the commencement of this section, payments were payable under section 11(3) of the Employment and Training Act 1973;
for claims for such payments to be treated as claims for industrial injuries benefit.
In subsection (3) “industrial injuries benefit” has the meaning given by section 122(1) of the Social Security Contributions and Benefits Act 1992.
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
No claim may be made for industrial death benefit after the coming into force of this sub-paragraph.
Section 29(2) of the Social Security Act 1998 (which provides for decisions as to whether an accident is an industrial accident in the absence of a claim for benefit) is repealed.
In section 30 of that Act (effect of decision), in subsection (1), the words from “(given” to “otherwise)” are repealed.
Section 130A of the Social Security Contributions and Benefits Act 1992 (appropriate maximum housing benefit) is amended as follows.
In subsection (3), for “The regulations may provide” there is substituted “ The provision which may be made by the regulations includes provision ”.
For subsections (5) and (6) there is substituted—
In section 176(1) of that Act (Parliamentary control), after paragraph (aa) there is inserted—.
Section 138(1)(b) of the Social Security Contributions and Benefits Act 1992 (discretionary payments out of social fund) is repealed.
In consequence of the provision made by subsection (1), the office of the social fund Commissioner is abolished.
Payments are to be made out of the social fund into the Consolidated Fund in respect of—
amounts allocated under section 168 of the Social Security Administration Act 1992 to the making of such payments as are mentioned in section 138(1)(b) but which are not so applied in consequence of subsection (1);
sums relating to such payments as are mentioned in section 138(1)(b) that are paid into the social fund under section 164 of the Social Security Administration Act 1992.
The payments are to be such as the Secretary of State determines in accordance with any directions of the Treasury to be appropriate.
Subsection (3) is not to prevent the Secretary of State from re-allocating amounts allocated under section 168(1) of the Social Security Administration Act 1992.
The Secretary of State may by order provide for the transfer of property, rights and liabilities from the social fund Commissioner.
An order under this section may—
provide for the transfer of property, rights and liabilities whether or not they would otherwise be capable of being transferred;
make such supplementary, incidental, consequential or transitional provision as the Secretary of State considers appropriate.
An order under this section is to be made by statutory instrument.
A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
Schedule 8 contains consequential amendments.
In section 138 of the Social Security Contributions and Benefits Act 1992 (payments out of the social fund), in subsection (1)(b), for “to meet other needs” there is substitutedto meet— .
Section 140 of the Social Security Contributions and Benefits Act 1992 (principles of determination) is amended as follows.
In subsection (4), after paragraph (d) there is inserted—.
After subsection (4) there is inserted—
Sections 16 to 21 of the Welfare Reform Act 2009 (provisions relating to external provider social loans and community care grants), which have not been brought into force, are repealed.
The State Pension Credit Act 2002 is amended as follows.
In section 2 (guarantee credit), in subsection (8), for paragraphs (a) and (b) there is substituted—.
“regular and substantial caring responsibilities” has such meaning as may be prescribed;
In section 1 of the State Pension Credit Act 2002 (entitlement), in subsection (2)—
in paragraph (b), the final “and” is repealed;
at the end there is insertedand .
In section 19 of that Act (regulations and orders), in subsection (2), before paragraph (a) there is inserted—.
Step 5 in regulation 7(3) of the 2002 Regulations has effect in relation to awards of working tax credit for the whole or part of the relevant year as if from the beginning of the day on 6 April 2011 the percentage to be applied under step 5 in finding the amount of the reduction were 41% (instead of 39%).
Anything done by the Commissioners before the coming into force of this section in relation to awards of working tax credit for the whole or part of the relevant year is to be treated as having been duly done, if it would have been duly done but for being done on the basis that from the beginning of the day on 6 April 2011 the percentage to be applied under step 5 was 41%.
In this section—
“the 2002 Regulations” means the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002 (S.I. 2002/2008);
Regulations may provide for circumstances in which joint claimants may be entitled to universal credit without each of them meeting all the basic conditions referred to in section 4.
Regulations may for any purpose of this Part provide for the calculation or estimation of— Regulations under sub-paragraph (1)(c) may include provision for the calculation to be made by reference to an average over a period, which need not include the assessment period concerned. Regulations under sub-paragraph (1) may— Regulations under sub-paragraph (3)(a) may in particular provide that persons of a prescribed description are to be treated as having a prescribed minimum level of earned income. In the case of joint claimants the income and capital of the joint claimants includes (subject to sub-paragraph (6)) the separate income and capital of each of them. Regulations may specify circumstances in which capital and income of either of joint claimants is to be disregarded in calculating their joint capital and income.
Regulations may provide that a claimant who— is to be treated as not falling within that section.
has a right to reside in the United Kingdom under the EU Treaties, and
would otherwise fall within section 19, 20 or 21,
The Social Security Administration Act 1992 is amended as follows.
The provision referred to in paragraph 1(1) includes— The provision referred to in paragraph 1(1) includes provision, where a claim for universal credit is made (or is treated as made) after the appointed day, for an award on the claim to be made in respect of a period before the appointed day (including provision as to the conditions of entitlement for, and amount of, such an award).
provision permanently or temporarily excluding the making of a claim for universal credit after the appointed day by—
a person to whom an existing benefit is awarded, or
a person who would be entitled to an existing benefit on making a claim for it;
provision temporarily excluding the making of a claim for universal credit after the appointed day by any other person;
provision excluding entitlement to universal credit temporarily or for a particular period;
provision for a claim for universal credit made after the appointed day to be treated to any extent as a claim for an existing benefit;
provision for a claim for an existing benefit made after the appointed day to be treated to any extent as a claim for universal credit.
In relation to the replacement of working tax credit and child tax credit with universal credit, the provision referred to in paragraph 1(1) includes—
provision modifying the application of the Tax Credits Act 2002 (or of any provision made under it);
provision for the purposes of recovery of overpayments of working tax credit or child tax credit (including in particular provision for treating overpayments of working tax credit or child tax credit as if they were overpayments of universal credit).
The provision referred to in paragraph 1(1) includes— The provision referred to in paragraph 1(1) includes provision, where a claim for personal independence payment is made (or treated as made) before the appointed day, for an award on the claim to be made in respect of a period before the appointed day (including provision as to the conditions of entitlement for, and the amount of, such an award).
Regulations under section 93—
may secure the result that any gap in entitlement to disability living allowance is to be disregarded for the purposes of provision under the regulations;
may make provision about cases in which provision made by regulations under section 80(2) (required period condition) is to apply with modifications;
may, for the purposes of provision made by virtue of paragraph (b), provide for a period of entitlement to disability living allowance to be taken into account in determining whether a person meets “the required period condition” for the purposes of section 78(1) or (2) or 79(1) or (2).
In section 7 (relationship between benefits), in subsection (3), for “subsections (1) and (2)” there is substituted “ subsection (1) ”.
In section 73 (overlapping benefits), in subsections (1) and (4)(c), for “a contributory” there is substituted “an“.
In section 159B (effect of alterations affecting state pension credit), for “a contributory”, wherever occurring, there is substituted “ an ”.
In section 159D (as inserted by Schedule 2 to this Act) (effect of alterations affecting universal credit), for “a contributory“, wherever occurring, there is substituted “ an ”.
the Department of Finance;
The Child Support Act 1991 is amended as follows.
In Schedule 7 to the Child Support, Pensions and Social Security Act 2000 (housing benefit and council tax benefit), paragraph 4 (decisions superseding earlier decisions) is amended as follows. In sub-paragraph (1), the “and” at the end of paragraph (a) is repealed and after that paragraph there is inserted—. In sub-paragraph (2)— After sub-paragraph (6) there is inserted—
Section 20 (appeals to First-tier Tribunal), as substituted by section 10 of the Child Support, Pensions and Social Security Act 2000 (and subsequently amended), is amended as follows. After subsection (2) there is inserted— At the end of subsection (4) there is inserted—
Section 20 (appeals to First-tier Tribunal), as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act 2000, is amended as follows. After subsection (3) there is inserted— At the end of subsection (5) there is inserted—
In section 51A (pilot schemes) at the end there is inserted—
In section 52 (regulations and orders), in subsection (2)(a), after “section 12(5)(b)),” there is inserted “20(2A), 20(3A)“ .
An allowance known as personal independence payment is payable in accordance with this Part.
A person's entitlement to personal independence payment may be an entitlement to—
the daily living component (see section 78);
the mobility component (see section 79); or
both those components.
A person is not entitled to personal independence payment unless the person meets prescribed conditions relating to residence and presence in Great Britain.
A person is not entitled to personal independence payment while they are entitled to Scottish adult disability living allowance, pension age disability payment, adult disability payment or child disability payment.
A person is entitled to the daily living component at the standard rate if—
the person's ability to carry out daily living activities is limited by the person's physical or mental condition; and
the person meets the required period condition.
A person is entitled to the daily living component at the enhanced rate if—
the person's ability to carry out daily living activities is severely limited by the person's physical or mental condition; and
the person meets the required period condition.
In this section, in relation to the daily living component—
“the standard rate” means such weekly rate as may be prescribed;
“the enhanced rate” means such weekly rate as may be prescribed.
In this Part “daily living activities“ means such activities as may be prescribed for the purposes of this section.
See sections 80 and 81 for provision about determining—
whether the requirements of subsection (1)(a) or (2)(a) above are met;
whether a person meets “the required period condition” for the purposes of subsection (1)(b) or (2)(b) above.
This section is subject to the provisions of this Part, or regulations under it, relating to entitlement to the daily living component (see in particular sections 82 (persons who are terminally ill) and 83 (persons of pensionable age)).
A person is entitled to the mobility component at the standard rate if—
the person is of or over the age prescribed for the purposes of this subsection;
the person's ability to carry out mobility activities is limited by the person's physical or mental condition; and
the person meets the required period condition.
A person is entitled to the mobility component at the enhanced rate if—
the person is of or over the age prescribed for the purposes of this subsection;
the person's ability to carry out mobility activities is severely limited by the person's physical or mental condition; and
the person meets the required period condition.
In this section, in relation to the mobility component—
“the standard rate” means such weekly rate as may be prescribed;
“the enhanced rate” means such weekly rate as may be prescribed.
In this Part “mobility activities” means such activities as may be prescribed for the purposes of this section.
See sections 80 and 81 for provision about determining—
whether the requirements of subsection (1)(b) or (2)(b) above are met;
whether a person meets “the required period condition” for the purposes of subsection (1)(c) or (2)(c) above.
This section is subject to the provisions of this Part, or regulations under it, relating to entitlement to the mobility component (see in particular sections 82 and 83).
Regulations may provide that a person is not entitled to the mobility component for a period (even though the requirements in subsection (1) or (2) are met) in prescribed circumstances where the person's condition is such that during all or most of the period the person is unlikely to benefit from enhanced mobility.
For the purposes of this Part, the following questions are to be determined in accordance with regulations—
whether a person's ability to carry out daily living activities is limited by the person's physical or mental condition;
whether a person's ability to carry out daily living activities is severely limited by the person's physical or mental condition;
whether a person's ability to carry out mobility activities is limited by the person's physical or mental condition;
whether a person's ability to carry out mobility activities is severely limited by the person's physical or mental condition.
Regulations must make provision for determining, for the purposes of each of sections 78(1) and (2) and 79(1) and (2), whether a person meets “the required period condition” (see further section 81).
Regulations under this section—
must provide for the questions mentioned in subsections (1) and (2) to be determined, except in prescribed circumstances, on the basis of an assessment (or repeated assessments) of the person;
must provide for the way in which an assessment is to be carried out;
may make provision about matters which are, or are not, to be taken into account in assessing a person.
The regulations may, in particular, make provision—
about the information or evidence required for the purpose of determining the questions mentioned in subsections (1) and (2);
about the way in which that information or evidence is to be provided;
requiring a person to participate in such a consultation, with a person approved by the Secretary of State, as may be determined under the regulations (and to attend for the consultation at a place, date and time determined under the regulations).
The regulations may include provision—
for a negative determination to be treated as made if a person fails without a good reason to comply with a requirement imposed under subsection (4);
about what does or does not constitute a good reason for such a failure;
about matters which are, or are not, to be taken into account in determining whether a person has a good reason for such a failure.
In subsection (5)(a) a “negative determination” means a determination that a person does not meet the requirements of—
section 78(1)(a) and (b) or (2)(a) and (b) (daily living component);
section 79(1)(a) to (c) or (2)(a) to (c) (mobility component).
Regulations under section 80(2) must provide for the question of whether a person meets “the required period condition” for the purposes of section 78(1) or (2) or 79(1) or (2) to be determined by reference to—
whether, as respects every time in the previous 3 months, it is likely that if the relevant ability had been assessed at that time that ability would have been determined to be limited or (as the case may be) severely limited by the person's physical or mental condition; and
whether, as respects every time in the next 9 months, it is likely that if the relevant ability were to be assessed at that time that ability would be determined to be limited or (as the case may be) severely limited by the person's physical or mental condition.
In subsection (1) “the relevant ability” means—
in relation to section 78(1) or (2), the person's ability to carry out daily living activities;
in relation to section 79(1) or (2), the person's ability to carry out mobility activities.
In subsection (1)—
“assessed” means assessed in accordance with regulations under section 80;
“the previous 3 months” means the 3 months ending with the prescribed date;
“the next 9 months” means the 9 months beginning with the day after that date.
Regulations under section 80(2) may provide that in prescribed cases the question of whether a person meets “the required period condition” for the purposes of section 78(1) or (2) or 79(1) or (2)—
is not to be determined in accordance with the provision made by virtue of subsections (1) to (3) above;
is to be determined in accordance with provision made in relation to those cases by the regulations.
This section applies to a person who—
is terminally ill; and
has made a claim for personal independence payment expressly on the ground of terminal illness.
A person to whom this section applies is entitled to the daily living component at the enhanced rate (and accordingly section 78(1) and (2) do not apply to such a person).
Section 79(1)(c) and (2)(c) (required period condition for mobility component) do not apply to a person to whom this section applies.
For the purposes of this section a person is “terminally ill” at any time if at that time the person suffers from a progressive disease and the person's death in consequence of that disease can reasonably be expected within 12 months.
For the purposes of this section, where— that person is to be regarded as making the claim despite its being made without that person's knowledge or authority.
a person purports to make a claim for personal independence payment on behalf of another, and
the claim is made expressly on the ground that the person on whose behalf it purports to be made is terminally ill,
In subsection (2) “the enhanced rate” has the meaning given by section 78(3).
A person is not entitled to the daily living component or the mobility component for any period after the person reaches the relevant age.
In subsection (1) “the relevant age” means—
pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995); or
if higher, 65.
Subsection (1) is subject to such exceptions as may be provided by regulations.
A person to whom a relevant EU Regulation applies is not entitled to the daily living component for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question.
Each of the following is a “relevant EU Regulation” for the purposes of this section—
Council Regulation (EC) No 1408/71 of 14 June 1971 , as amended from time to time, on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community;
Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 , as amended from time to time, on the coordination of social security systems.
Regulations may provide that no amount in respect of personal independence payment which is attributable to entitlement to the daily living component is payable in respect of a person for a period when the person meets the condition in subsection (2).
The condition is that the person is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for the person are borne out of public or local funds by virtue of a specified enactment.
In this section “care home” means an establishment that provides accommodation together with nursing or personal care.
The following are “qualifying services“ for the purposes of subsection (2)—
accommodation;
board;
personal care;
such other services as may be prescribed.
The reference in subsection (2) to a “specified enactment” is to an enactment which is specified for the purposes of that subsection by regulations or is of a description so specified.
The power to specify an enactment for the purposes of subsection (2) includes power to specify it only in relation to its application for a particular purpose.
In this section “enactment” includes an enactment comprised in an Act of the Scottish Parliament or in an instrument made under such an Act.
Regulations may provide as mentioned in either or both of the following paragraphs—
that no amount in respect of personal independence payment which is attributable to entitlement to the daily living component is payable in respect of a person for a period when the person meets the condition in subsection (2);
that no amount in respect of personal independence payment which is attributable to entitlement to the mobility component is payable in respect of a person for a period when the person meets the condition in subsection (2).
The condition is that the person is undergoing medical or other treatment as an in-patient at a hospital or similar institution in circumstances in which any of the costs of the treatment, accommodation and any related services provided for the person are borne out of public funds.
For the purposes of subsection (2) the question of whether any of the costs of medical or other treatment, accommodation and related services provided for a person are borne out of public funds is to be determined in accordance with the regulations.
Except to the extent that regulations provide otherwise, no amount in respect of personal independence payment is payable in respect of a person for a period during which the person is undergoing imprisonment or detention in legal custody.
A person is not entitled to personal independence payment for any period before the date on which a claim for it is made or treated as made by that person or on that person's behalf.
An award of personal independence payment is to be for a fixed term except where the person making the award considers that a fixed term award would be inappropriate.
In deciding whether a fixed term award would be inappropriate, that person must have regard to guidance issued by the Secretary of State.
Information supplied under this Part is to be taken for all purposes to be information relating to social security.
The Secretary of State must lay before Parliament an independent report on the operation of assessments under section 80—
within 2 years beginning with the date on which the first regulations under that section come into force; and
within 4 years beginning with that date.
Sections 71 to 76 of the Social Security Contributions and Benefits Act 1992 (disability living allowance) are repealed.
Schedule 9 contains amendments relating to this Part.
Regulations may make such consequential, supplementary or incidental provision in relation to any provision of this Part as the Secretary of State considers appropriate.
Regulations under this section may—
amend, repeal or revoke any primary or secondary legislation passed or made before the day on which this Act is passed, or
amend or repeal any provision of an Act passed on or after that day but in the same session of Parliament.
In this section—
“primary legislation” means an Act or Act of the Scottish Parliament;
“secondary legislation” means any instrument made under primary legislation.
Regulations may make such provision as the Secretary of State considers necessary or expedient in connection with the coming into force of any provision of this Part.
Schedule 10 (transitional provision for introduction of personal independence payment) has effect.
Regulations under this Part are to be made by the Secretary of State.
A power to make regulations under this Part may be exercised—
so as to make different provision for different cases or purposes;
in relation to all or only some of the cases or purposes for which it may be exercised.
Such a power includes—
power to make incidental, supplementary, consequential or transitional provision or savings;
power to provide for a person to exercise a discretion in dealing with any matter.
The power under subsection (2)(a) includes, in particular, power to make different provision for persons of different ages.
Regulations under this Part are to be made by statutory instrument.
A statutory instrument containing (whether alone or with other provision) any of the following— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
the first regulations under section 78(4) or 79(4);
the first regulations under section 80;
the first regulations under that section containing provision about assessment of persons under the age of 16,
Any other statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part—
employment or training, ...
Regulations may provide for periods of entitlement to universal credit which are separated by no more than a prescribed number of days to be treated as a single period.
Regulations may for any purpose of this Part specify circumstances in which a person is or is not responsible for a child or qualifying young person. Regulations may for any purpose of this Part make provision about nominations of the responsible carer for a child (see section 19(6)(b)(ii)).
Regulations may for any purpose of this Part provide for—
circumstances in which a person is to be treated as having or not having a good reason for an act or omission;
matters which are or are not to be taken into account in determining whether a person has a good reason for an act or omission.
In this Schedule “relevant benefit“ means— In this Schedule “work-related requirement“ means— In this Schedule “sanction” means a reduction of benefit under—
Regulations under section 28 (hardship payments) may be made in relation to a person whose award of universal credit is reduced by virtue of regulations under paragraph 2(3)(b) or 3(b) as in relation to a person whose award is reduced under section 26 or 27.
The provision referred to in paragraph 1(1) includes— The provision referred to in paragraph 1(1) includes provision, where a claim for universal credit is made (or is treated as made) before the appointed day, for an award on the claim to be made in respect of a period before the appointed day (including provision as to the conditions of entitlement for, and amount of, such an award).
The provision referred to in paragraph 1(1) includes— The provision referred to in sub-paragraph (1)(a) includes— The provision referred to in sub-paragraph (1)(b) includes— In this paragraph—
Section 8 of the Social Security Fraud Act 2001 (effect of offence on joint-claim jobseeker's allowance) is amended as follows. In subsection (2)— Subsection (5) is repealed.
The provision referred to in paragraph 1(1) includes— The provision referred to in paragraph 1(1) includes provision, where a claim for personal independence payment is made (or treated as made) after the appointed day, for an award on the claim to be made in respect of a period before the appointed day (including provision as to the conditions of entitlement for, and the amount of, such an award).
The Child Maintenance and Other Payments Act 2008 is amended as follows.
In section 49(2) (regulations regarding reconsideration) after “and” there is inserted “ may prescribe ”.
Section 50 (appeals to First-tier Tribunal) is amended as follows. After subsection (1) there is inserted— In subsection (4)(c) after “an appeal under subsection (1)(a)” there is inserted “ (or, where in accordance with regulations under subsection (1A) there is no right of appeal, any purported appeal) ”.
Section 53 (regulations under Part 4) is amended as follows. After subsection (2) there is inserted— In subsection (3) after “section 46” there is inserted “ or 50(1A) ”.
a loan under section 18 of the Welfare Reform and Work Act 2016 (loans for mortgage interest etc);
In section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits)—
in subsection (1), after “support allowance)“ there is inserted “or to personal independence payment”;
in subsection (2), at the beginning of paragraph (b) there is inserted “disability living allowance or”.
the Council of the Isles of Scilly;
The State Pension Credit Act 2002 is amended as follows.
Regulations may make provision for the purposes of, or in connection with, replacing existing benefits with universal credit. In this Schedule “existing benefit“ means— In this Schedule “appointed day” means the day appointed for the coming into force of section 1.
The provision referred to in paragraph 1(1) includes— The provision referred to in sub-paragraph (1)(b) includes— Provision under sub-paragraph (2)(d) may secure that where an award of universal credit is made by virtue of sub-paragraph (1)(b)—
provision imposing requirements as to the procedure to be followed, information to be supplied or assessments to be undergone in relation to an award by virtue of that sub-paragraph or an application for such an award;
provision imposing requirements as to the procedure to be followed, information to be supplied or assessments to be undergone in relation to an award by virtue of that sub-paragraph or an application for such an award;
provision as to the consequences of failure to comply with any such requirement;
provision as to the consequences of failure to comply with any such requirement;
provision as to the terms on which, and conditions subject to which, such an award is made, including—
provision temporarily or permanently disapplying, or otherwise modifying, conditions of entitlement to universal credit in relation to the award;
provision temporarily or permanently disapplying, or otherwise modifying, any requirement under this Part for a person to be assessed in respect of capability for work or work-related activity;
provision as to the amount of such an award;
provision that fulfilment of any condition relevant to entitlement to an award of an existing benefit, or relevant to the amount of such an award, is to be treated as fulfilment of an equivalent condition in relation to universal credit.
the amount of the award is not less than the amount to which the person would have been entitled under the terminated award, or is not less than that amount by more than a prescribed amount;
the amount of the award is not less than the amount to which the person would have been entitled under the terminated award, or is not less than that amount by more than a prescribed amount;
if the person to whom it is made ceases to be entitled to universal credit for not more than a prescribed period, the gap in entitlement is disregarded in calculating the amount of any new award of universal credit.
if the person to whom it is made ceases to be entitled to universal credit for not more than a prescribed period, the gap in entitlement is disregarded in calculating the amount of any new award of universal credit.
Regulations under paragraph 1(1) may secure the result that any gap in entitlement to an existing benefit (or what would, but for the provisions of this Part, be a gap in entitlement to an existing benefit) is to be disregarded for the purposes of provision under such regulations.
Regulations under section 93 may in particular make provision for the purposes of, or in connection with, replacing disability living allowance with personal independence payment. In this Schedule “the appointed day” means the day appointed for the coming into force of section 77.
The provision referred to in paragraph 1(1) includes— The provision referred to in sub-paragraph (1)(b) includes—
In section 1 (entitlement), in subsection (2)(c), at the end there is insertedor
In that section, in subsection (3)—
after paragraph (b) there is insertedor ;
for the words from “(or to both)” to the end there is substituted “ (or to more than one of them, if he satisfies the relevant conditions) ”.
After section 3 there is inserted—
In section 7 (fixing of retirement provision for assessed income period), at the end there is inserted—
In section 12 (polygamous marriages), in subsection (2)(b), after “savings credit” there is inserted “ or housing credit ”.
In section 17 (interpretation), in subsection (1), after the definition of “guarantee credit” there is inserted— “housing credit” shall be construed in accordance with sections 1 and 3A;
In Schedule 2 (consequential amendments etc), paragraph 9(5)(a) is repealed.
“mobility component” means the mobility component of personal independence payment;
a person authorised to exercise any function of such an authority relating to welfare services,
Regulations may provide for a benefit cap to be applied to the welfare benefits to which a single person or couple is entitled.
For the purposes of this section, applying a benefit cap to welfare benefits means securing that, where a single person's or couple's total entitlement to welfare benefits in respect of the reference period exceeds the relevant amount, their entitlement to welfare benefits in respect of any period of the same duration as the reference period is reduced by an amount up to or equalling the excess.
In subsection (2) the “reference period” means a period of a prescribed duration.
Regulations under this section may in particular—
make provision as to the manner in which total entitlement to welfare benefits for any period, or the amount of any reduction, is to be determined;
make provision as to the welfare benefit or benefits from which a reduction is to be made;
provide for exceptions to the application of the benefit cap;
make provision as to the intervals at which the benefit cap is to be applied;
make provision as to the relationship between application of the benefit cap and any other reduction in respect of a welfare benefit;
provide that where in consequence of a change in the relevant amount, entitlement to a welfare benefit increases or decreases, that increase or decrease has effect without any further decision of the Secretary of State;
make supplementary and consequential provision.
In this section the “relevant amount” is an amount specified in regulations.
Regulations under this section may make provision for determining the “relevant amount” for the reference period applicable in the case of a single person or couple by reference to the annual limit applicable in the case of that single person or couple.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of this section the “annual limit” is—
£25,323 or £16,967, for persons resident in Greater London;
£22,020 or £14,753, for other persons.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations under subsection (5) may—
specify which annual limit applies in the case of—
different prescribed descriptions of single person;
different prescribed descriptions of couple;
define “resident” for the purposes of this section;
provide for the rounding up or down of an amount produced by dividing the amount of the annual limit by the number of periods of a duration equal to the reference period in a year.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations under this section may not provide for any reduction to be made from a welfare benefit—
provision for which is within the legislative competence of the Scottish Parliament;
provision for which is within the legislative competence of the National Assembly for Wales;
provision for which is made by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.
In this section—
“couple” means two persons of a prescribed description;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
state pension credit under the State Pension Credit Act 2002, or
retirement pensions under Part 2 or 3 of the Social Security Contributions and Benefits Act 1992.
Regulations under section 96 or 96A may make different provision for different purposes or cases.
Regulations under section 96 or 96A must be made by statutory instrument.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A statutory instrument containing ... regulations under section 96 is subject to annulment in pursuance of a resolution of either House of Parliament.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A statutory instrument containing regulations under section 96A may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In Schedule 2 to the Social Security Act 1998 (decisions against which no appeal lies) after paragraph 8 there is inserted—
The Secretary of State must at least once every five years review the sums specified in section 96(5A) to determine whether it is appropriate to increase or decrease any one or more of those sums.
The Secretary of State may, at any other time the Secretary of State considers appropriate, review the sums specified in section 96(5A) to determine whether it is appropriate to increase or decrease any one or more of those sums.
In carrying out a review, the Secretary of State must take into account—
the national economic situation, and
any other matters that the Secretary of State considers relevant.
After carrying out a review, the Secretary of State may, if the Secretary of State considers it appropriate, by regulations amend section 96(5A) so as to increase or decrease any one or more of the sums specified in section 96(5A).
Regulations under subsection (4) may provide for amendments of section 96(5A) to come into force—
on different days for different areas;
on different days for different cases or purposes.
Regulations under subsection (4) may make such transitional or transitory provision or savings as the Secretary of State considers necessary or expedient in connection with the coming into force of any amendment made by regulations under subsection (4).
Regulations under subsection (6) may in particular—
provide for section 96(5A) to have effect as if the amendments made by regulations under subsection (4) had not been made, in relation to such persons or descriptions of persons as are specified in the regulations or generally, until a time or times specified in a notice issued by the Secretary of State;
provide for the Secretary of State to issue notices under paragraph (a) specifying different times for different persons or descriptions of person;
make provision about the issuing of notices under paragraph (a), including provision for the Secretary of State to issue notices to authorities administering housing benefit that have effect in relation to persons specified, or persons of a description specified, in the notices.
Section 176 of the Social Security Administration Act 1992 (consultation with representative organisations) does not apply in relation to regulations under subsection (4).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 5(1) of the Social Security Administration Act 1992 (regulations about claims and payments) is amended as follows.
In paragraph (d) (conditional awards), for the words from “the condition” to the end there is substituted—.
In paragraph (e), for “those requirements“ there is substituted “ the conditions referred to in paragraph (d) ”.
In paragraph (g) (claims made on behalf of another), after “applies” there is inserted “ (including in particular, in the case of a benefit to be claimed by persons jointly, enabling one person to claim for such persons jointly) ”.
In paragraph (j) (notice of change of circumstances etc), at the end there is inserted “or of any other change of circumstance of a prescribed description”.
Section 5 of the Social Security Administration Act 1992 (regulations about claims and payments) is amended as follows.
In subsection (1), paragraphs (h) and (hh) (powers to make provision requiring the furnishing of information or evidence) are repealed.
After that subsection there is inserted—
Subsection (3A) is repealed.
In section 22 of the Social Security Act 1998 (suspension for failure to furnish information etc), in subsection (3), for “subsection (1)(hh) of section 5” there is substituted “ section 5(1A) ”.
In section 5 of the Social Security Administration Act 1992 (regulations about claims and payments), after subsection (3A) there is inserted—
In section 5(1) of the Social Security Administration Act 1992 (regulations about claims and payments), for paragraph (r) there is substituted—.
Section 22 of the Welfare Reform Act 2009 (payments on account), which has not been brought into force, is repealed.
The Social Security Act 1998 is amended as follows.
In section 12 (appeals to First-tier Tribunal), in subsection (2)—
the words from “in relation to” to the end become paragraph (a), and
after that paragraph there is inserted “, or
After subsection (3) of that section there is inserted—
In subsection (7) of that section—
the words from “make provision” to the end become paragraph (a);
after that paragraph there is inserted—
In section 80(1)(a) (affirmative procedure for certain regulations) after “12(2)” there is inserted “ or (3A) ”.
Schedule 11 contains similar amendments to other Acts.
Subsection (8) applies where regulations under a provision mentioned in subsection (9) are made so as to have effect in relation to a limited area (by virtue of provision made under section 150(4)(b)).
Any power to make, in connection with those regulations, provision as respects decisions and appeals may be exercised so that that provision applies only in relation to the area mentioned in subsection (7).
The provisions referred to in subsection (7) are—
section 12(3A) of the Social Security Act 1998;
section 4(1B) of the Vaccine Damage Payments Act 1979;
subsection (2A) of section 20 of the Child Support Act 1991 (as substituted by section 10 of the Child Support, Pensions and Social Security Act 2000);
subsection (3A) of section 20 of the Child Support Act 1991 (as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act 2000);
section 11(2A) of the Social Security (Recovery of Benefits) Act 1997;
paragraph 6(5A) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000;
section 50(1A) of the Child Maintenance and Other Payments Act 2008.
Schedule 12 contains amendments reinstating powers to make decisions superseding decisions made by appellate bodies before their functions were transferred to the First-tier Tribunal and Upper Tribunal.
The following have effect as if they had come into force on 3 November 2008—
the amendments made by Schedule 12, and
if regulations made in the exercise of the powers conferred by virtue of those amendments so provide, those regulations.
In section 189 of the Social Security Administration Act 1992 (regulations and orders - general), after subsection (5) there is inserted—
In section 79 of the Social Security Act 1998 (regulations and orders), after subsection (6) there is inserted—
In the Social Security Administration Act 1992, after section 71ZA there is inserted—
In section 71 of that Act (overpayments - general), in subsection (11)(ab), at the end there is inserted “excluding housing credit (see section 71ZB)”.
In section 115A of that Act (penalty as alternative to prosecution), in subsection (1), after “71” there is inserted “ 71ZB ”.
In section 115B of that Act (penalty as alternative to prosecution: colluding employers etc)—
for subsection (4) there is substituted—;
in subsection (9), the definition of “relevant benefit” is repealed.
In Schedule 1 to the Jobseekers Act 1995 (supplementary provision)—
in paragraph 9, at the end there is inserted—;
in paragraph 10, for sub-paragraph (5)(a) there is substituted—.
In section 12 of the Social Security Act 1998 (appeal to First-tier Tribunal), in subsection (4), after “71” there is inserted “ , 71ZB, 71ZG, 71ZH, ”.
In Schedule 3 to that Act (decisions against which an appeal lies), after paragraph 6 there is inserted—
In section 71 of the Social Security Administration Act 1992 (overpayments - general), after subsection (9) there is inserted—
In section 71ZA of that Act (overpayments out of social fund), before subsection (3) there is inserted—
In section 75 of that Act (overpayments of housing benefit), at the end there is inserted—
In section 78 of that Act (recovery of social fund awards), after subsection (3B) there is inserted—
In section 71(8) of the Social Security Administration Act 1992 (recovery of benefits by deduction from prescribed benefits), the words “, other than an amount paid in respect of child benefit or guardian's allowance,” are repealed.
In section 69(8) of the Social Security Administration (Northern Ireland) Act 1992 (recovery of benefits by deduction from prescribed benefits), the words “, other than an amount paid in respect of child benefit or guardian's allowance,” are repealed.
In the Tax Credits Act 2002, in Schedule 4, paragraphs 2 and 8 are repealed.
Section 38 of the Limitation Act 1980 (interpretation) is amended as follows.
In subsection (1), in the definition of “action”, at the end there is inserted “(and see subsection (11) below)”.
At the end there is inserted—
The amendments made by this section have effect as if they had come into force at the same time as section 38 of the Limitation Act 1980, except for the purposes of proceedings brought before the coming into force of this section.
In section 24 of the Criminal Justice Act 1991 (recovery of fines etc by deductions from benefits)—
in subsections (1) and (2)(d) the words “income-related” are repealed;
in subsection (4) the definition of “income-related employment and support allowance” is repealed.
In Schedule 3 to the Welfare Reform Act 2007 (consequential amendments relating to Part 1), paragraph 8(b) is repealed.
The repeals made by this section have effect as if they had come into force on 27 October 2008.
In section 109B of the Social Security Administration Act 1992 (power to require information), in subsection (2)—
after paragraph (i) (but before the final “and”) there is inserted—;
in paragraph (j), for “(i)” there is substituted “ (ia) ”.
In section 116 of the Social Security Administration Act 1992 (legal proceedings), in subsection (2)—
in paragraph (a), for “other than an offence relating to housing benefit or council tax benefit” there is substituted “ (other than proceedings to which paragraph (b) applies) ”;
in paragraph (b), after “proceedings“ there is inserted “brought by the appropriate authority”.
The Social Security Administration Act 1992 is amended as follows.
After section 116 there is inserted—
Section 116A (local authority powers to prosecute benefit fraud) is amended as follows.
In the heading, after “prosecute” there is inserted “ other ”.
In subsection (2)—
for “unless” there is substituted “ only if ”;
in paragraph (b), for “must not”, there is substituted “ may ”.
In subsection (4)(b), for “gives” there is substituted “ withdraws ”.
Section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution) is amended as follows.
After subsection (1) there is inserted—
In subsection (2)(a) for “such proceedings” there is substituted “proceedings referred to in subsection (1) or (1A) above“.
In subsection (4)—
in paragraph (a), after “is” there is inserted “ or would have been ”;
in paragraph (b), at the end there is inserted “or to the act or omission referred to in subsection (1A)(a).“
In subsections (6) and (7), at the beginning there is inserted “In a case referred to in subsection (1)”.
In subsection (7B)(a), after “is”, in both places, there is inserted “ or would have been ”.
In subsection (8) after “subsection (1)(a)” there is inserted “ or (1A)(b) ”.
In the Social Security Fraud Act 2001—
in section 6B(1)(b), the words “by reference to any overpayment” are repealed and for “the offence mentioned in subsection (1)(b) of the appropriate penalty provision” there is substituted “ the offence to which the notice relates ”;
in sections 6C(2)(b) and (3), 8(7)(b) and (8) and 9(7)(b) and (8), for “the overpayment” there is substituted “ any overpayment made ”.
In section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution), for subsection (3) there is substituted—
In section 190 of that Act (parliamentary control of orders and regulations), in subsection (1), before paragraph (za) there is inserted—.
The Social Security Administration Act 1992 is amended as follows.
In section 115A (penalty as alternative to prosecution), in subsection (5) (cooling-off period), for “28” there is substituted “ 14 ”.
In section 115B (penalty as alternative to prosecution: colluding employers etc), in subsection (6) (cooling-off period), for “28” there is substituted “ 14 ”.
After section 115B of the Social Security Administration Act 1992 there is inserted—
In section 190 of that Act (parliamentary control of orders and regulations), in subsection (1), before paragraph (za) there is inserted—.
In the Social Security Fraud Act 2001, section 6A (meaning of “disqualifying benefit” and “sanctionable benefit”) is amended as follows.
In subsection (1), in the definition of “disqualifying benefit”, after paragraph (e) there is inserted—.
In that subsection, in the definition of “sanctionable benefit”, after paragraph (f) there is inserted—.
The Social Security Fraud Act 2001 is amended as follows.
Section 6B (loss of benefit in case of conviction, penalty or caution for benefit offence) is amended as follows.
In subsection (11), for “the period of four weeks” there is substituted “ the relevant period ”.
After subsection (11) there is inserted—
After subsection (13) there is inserted—
After subsection (14) (inserted by subsection (5) above) there is inserted—
In section 7 (loss of benefit for second or subsequent conviction of benefit offence), after subsection (1) there is inserted—
In section 11 (loss of benefit regulations)—
in the heading, after “benefit” there is inserted “ orders and ”;
in subsection (3) at the end there is inserted—;
in subsection (4) after “make”, in both places, there is inserted “ an order or ”.
The Social Security Fraud Act 2001 is amended as follows.
In section 6B (loss of benefit in case of conviction, penalty or caution for benefit offence), in subsection (3) for “later“ there is substituted “ current ”.
Section 7 (loss of benefit for second or subsequent conviction of benefit offence) is amended as follows.
In the heading, for “second or subsequent conviction of benefit offence” there is substituted “repeated benefit fraud“.
For subsection (1)(a) to (e) there is substituted—.
In subsection (6), for the words from “in relation to” to the end, there is substituted “ in an offender's case, means the relevant period beginning with a prescribed date falling after the date of the conviction in the current set of proceedings ”.
After that subsection there is inserted—
After subsection (7) there is inserted—
In subsection (8), the following definitions are inserted at the appropriate places— “disqualifying event” has the meaning given in section 6B(13).
After that subsection there is inserted—
After subsection (10) there is inserted—.
In section 11 (loss of benefit regulations), in subsection (3), after paragraph (e) (as inserted by section 118 above) there is inserted—.
The Tax Credits Act 2002 is amended as follows.
After section 36 there is inserted—
In section 38 (appeals), in subsection (1)—
the “and” immediately following paragraph (c) is repealed;
after that paragraph there is inserted—.
In section 66 (parliamentary etc control of instruments)—
in subsection (1)—
after “no” there is inserted “ order or ”;
for “them” there is substituted “ the order or regulations ”;
in subsection (2) before paragraph (a) there is inserted—;
in subsection (3)(a) at the beginning there is inserted “an order or”.
“cautioned”, in relation to any person and any offence, means cautioned after the person concerned has admitted the offence; and “caution” is to be interpreted accordingly;
In section 6B of the Social Security Fraud Act 2001 (loss of benefit in case of conviction, penalty or caution for benefit offence)—
in the heading, for “penalty or caution” there is substituted “ or penalty ”;
in subsection (1), after paragraph (a) there is inserted “or”;
subsection (1)(c) (cautions) is repealed;
in subsection (13), in the definition of “disqualifying event”, after “(1)(a)” there is inserted “or“.
In section 36A of the Tax Credits Act 2002 (loss of tax working tax credit in case of conviction, penalty or caution for benefit offence) subsection (1)(c) (cautions) is repealed.
In section 109A of the Social Security Administration Act 1992 (authorisations for investigators), at the end there is inserted—
Section 122B of the Social Security Administration Act 1992 (supply of government information for fraud prevention etc) is amended as follows.
In subsection (2)(a), after “social security” there is inserted “ or tax credits ”.
In subsection (3)—
in paragraph (b), after “1995” there is inserted “ , the Tax Credits Act 2002 ”,
in that paragraph, the final “or” is repealed, and
after paragraph (c) there is insertedor
In section 35 of the Tax Credits Act 2002 (offence of fraud), for subsection (2) there is substituted—
In Schedule 4 to the Social Security Administration Act 1992 (persons employed in social security administration or adjudication), in paragraph 1 of Part 2, after “security,” there is inserted “ to the investigation or prosecution of offences relating to tax credits, ”.
Her Majesty may by Order in Council—
transfer to the Secretary of State any tax credit function of the Treasury or the Commissioners;
direct that any tax credit function of the Treasury or the Commissioners is to be exercisable concurrently with the Secretary of State or is to cease to be so exercisable.
Provision within subsection (1) may be limited so as to apply only in relation to cases within a specified description.
Her Majesty may by Order in Council, as Her Majesty considers appropriate—
make provision in connection with a transfer or direction under subsection (1);
make other provision within one or more of the following sub-paragraphs—
provision applying (with or without modifications) in relation to tax credits any provision of primary or secondary legislation relating to social security;
provision combining or linking any aspect of the payment and management of tax credits with any aspect of the administration of social security;
provision about the use or supply of information held for purposes connected with tax credits, including (in particular) provision authorising or requiring its use or supply for other purposes;
in relation to information held for purposes not connected with tax credits, provision authorising or requiring its use or supply for purposes connected with tax credits.
An Order may make provision under subsection (3)(b) only if—
the Order also makes provision under subsection (1), or
a previous Order has made provision under subsection (1).
Provision within subsection (3)—
may confer functions on, or remove functions from, the Secretary of State, the Treasury, the Commissioners, a Northern Ireland department or any other person;
may (in particular) authorise the Secretary of State and the Commissioners to enter into arrangements from time to time under which the Commissioners are to provide services to the Secretary of State in connection with tax credits.
Provision within subsection (3)—
may expand the scope of the conduct which constitutes an offence under any primary or secondary legislation, but may not increase the scope of any punishment for which a person may be liable on conviction for the offence;
may expand the scope of the conduct in respect of which a civil penalty may be imposed under any primary or secondary legislation, but may not increase the maximum amount of the penalty.
An Order under this section may include such consequential, supplementary, incidental or transitional provision as Her Majesty considers appropriate including (for example)—
provision for transferring or apportioning property, rights or liabilities (whether or not they would otherwise be capable of being transferred or apportioned);
provision for substituting any person for any other person in any instrument or other document or in any legal proceedings;
provision with respect to the application in relation to the Crown of provision made by the Order.
A certificate issued by the Secretary of State that any property, rights or liabilities set out in the certificate have been transferred or apportioned by an Order under this section as set out in the certificate is conclusive evidence of the matters so set out.
An Order under this section may amend, repeal or revoke any primary or secondary legislation.
A statutory instrument containing an Order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section references to tax credits are to child tax credit or working tax credit or both.
In this section references to primary or secondary legislation are to such legislation whenever passed or made.
In this section—
“pension age disability payment” means disability assistance given in accordance with the Disability Assistance for Older People (Scotland) Regulations 2024;
“prescribed” means prescribed in regulations made by the Secretary of State.
The Social Security Administration Act 1992 is amended as follows.
In section 122 of the Housing Act 1996 (rent officers), in the heading and in subsection (1), after “with” there is inserted “ universal credit, ”.
In section 4 of the State Pension Credit Act 2002 (exclusions), after subsection (1) there is inserted—
The Commissioners for Revenue and Customs Act 2005 is amended as follows.
In section 69 of the Child Support, Pensions and Social Security Act 2000 (discretionary financial assistance with housing), in subsection (1)(a), after “universal credit” there is inserted “ or housing credit (within the meaning of the State Pension Credit Act 2002) ”.
The Social Security (Recovery of Benefits) Act 1997 is amended as follows.
The Social Security Fraud Act 2001 is amended as follows.
Schedule 7 to the Child Support, Pensions and Social Security Act 2000 is amended as follows.
In section 1 (entitlement to benefit dependent on claim), in subsection (4), before paragraph (a) there is inserted—.
In section 5 (initial functions), in subsection (1), after paragraph (a) there is inserted “and”.
In section 29 (general interpretation), in the definition of “benefit”, after “employment and support allowance” there is inserted “ , personal independence payment ”.
In section 6A(1) (definitions)—
in the definition of “disqualifying benefit”, after paragraph (c) there is inserted—;
in the definition of “sanctionable benefit”, after paragraph (c) there is inserted—.
Paragraph 6 (housing benefit and council tax benefit: appeal to First-tier Tribunal) is amended as follows. or where regulations under sub-paragraph (5A) so provide. After sub-paragraph (5) there is inserted— In sub-paragraph (8)—
In section 5 (regulations about claims and payments)—
in subsection (2), before paragraph (a) there is inserted—;
in subsection (6), after “in relation to“ there is inserted “universal credit or”.
In section 44 (payment into Consolidated Fund), in subsection (3), after paragraph (b) there is inserted “and“.
In Schedule 2 (calculation of compensation payment), in the table—
in the section relating to compensation for cost of care incurred during the relevant period, in the second column, after the entry for attendance allowance there is inserted “Daily living component of personal independence payment”;
in the section relating to compensation for loss of mobility during the relevant period, in the second column, after the entry for mobility allowance there is inserted “Mobility component of personal independence payment”.
In section 10 (power to supplement and mitigate loss of benefit provisions), in subsection (3), after paragraph (bd) (inserted by Schedule 2 to this Act) there is inserted—.
In paragraph 20(4) (regulations subject to affirmative procedure) for “or (4)” there is substituted “ , (4) or (5A) ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 74 (income support and other payments), in subsection (2)(b), after “by way of” there is inserted “ universal credit or ”.
In section 74A (payments of benefit where maintenance payments collected by Secretary of State), in subsection (7), after “applies are” there is inserted “ universal credit, ”.
In section 78 (recovery of social fund awards), in subsection (6)(d), after “receiving” there is inserted “ universal credit, ”.
In section 105 (failure to maintain - general), in subsection (1)(b), after “neglect” there is inserted “ universal credit, ”.
In section 106 (recovery of expenditure on benefit from person liable for maintenance), in subsections (1), (2), (3) and (4)(a) and (b), after “income support” there is inserted “ or universal credit ”.
In section 108 (reduction of expenditure on income support etc), in subsection (1)(a), after “income support” there is inserted “ or universal credit ”.
In section 109 (diversion of arrested earnings - Scotland), in subsection (1), after “in receipt of”, in both places, there is inserted “ universal credit, ”.
In section 121DA (interpretation of Part 6), in subsection (1), after paragraph (hi) there is inserted—.
In section 122B (supply of other government information for fraud prevention and verification), in subsection (3)(b) after “Welfare Reform Act 2007” there is inserted “ , Part 1 of the Welfare Reform Act 2012 ”.
Section 122F (supply by rent officers of information relating to housing benefit) is amended as follows. In the heading, for “information relating to housing benefit” there is substituted “ benefit information ”. In subsection (1), for “housing benefit information” there is substituted “ benefit information ”. In subsection (3)(a) after “relating to” there is inserted “ universal credit ”. In subsection (4)—
In section 124 (age, death and marriage), in subsection (1)—
in paragraph (ac), the final “and” is repealed;
after that paragraph there is inserted—.
In section 125 (regulations as to notification of death), in subsection (1), after “2007” there is inserted “ , Part 1 of the Welfare Reform Act 2012 ”.
In section 126 (information from personal representatives), in subsection (1), after “receipt of” there is inserted “ universal credit ”.
In section 130 (duties of employers), in subsection (1), before paragraph (a) there is inserted—.
In section 132 (duties of employers - statutory maternity pay etc), in subsection (1), before paragraph (a) there is inserted—.
In section 150 (uprating)—
in subsection (1) at the end there is inserted—;
in subsection (7), after “2007” there is inserted “ or Part 1 of the Welfare Reform Act 2012 ”.
After section 159C there is inserted—
After section 160B there is inserted—
Section 165 (adjustments between National Insurance Fund and Consolidated Fund) is amended as follows. In subsection (1)(a)(iii), after “Act” there is inserted “ , universal credit ”. In subsection (6)(a), for “or section 27 of the Welfare Reform Act 2007” there is substituted “ section 27 of the Welfare Reform Act 2007 or section 148 of the Welfare Reform Act 2012 ”.
In section 170 (Social Security Advisory Committee), subsection (5) is amended as follows. In the definition of “the relevant enactments”— In the definition of “the relevant Northern Ireland enactments”—
Section 179 (reciprocal agreements) is amended as follows. In subsection (3)(a), after “2007” there is inserted “ , Part 1 of the Welfare Reform Act 2012 ”. In subsection (4), after paragraph (af) there is inserted—. In subsection (5), before paragraph (a) there is inserted—.
In section 180 (payment of travelling expenses), in paragraphs (a) and (b)(i), after “2007” there is inserted “ , Part 1 of the Welfare Reform Act 2012 ”.
In section 182B (information about postal redirection), in subsection (5)(b), after “1995” there is inserted “ , Part 1 of the Welfare Reform Act 2012 ”.
In section 187 (inalienability), in subsection (1), before paragraph (a) there is inserted—.
In section 191 (interpretation), in the definition of “benefit”, after “includes” there is inserted “ universal credit, ”.
The Local Government Finance Act 1992 is amended as follows.
The Jobseekers Act 1995 is amended as follows.
The Welfare Reform Act 2009 is amended as follows.
The Child Support Act 1991 is amended as follows.
Schedule 4 is amended as follows. In paragraph 6— In paragraph 12(1)—
Section 8 (attendance etc) is amended as follows. In subsection (1A)(a) (as originally enacted), for “the Secretary of State” there is substituted “an employment officer“. In subsection (2), for paragraphs (a) to (c) there is substituted “ provide for entitlement to a jobseeker's allowance to cease at such time as may be determined in accordance with any such regulations if, when a person fails to comply with such regulations, that person (or, if that person is a member of a joint-claim couple, either member of the couple) does not make prescribed contact with an employment officer within a prescribed period of the failure. ”
In section 29(1) (victims of domestic violence), in sub-paragraph (3) of paragraph 8B inserted into Schedule 1 to the Jobseekers Act 1995—
for the first “entered into a jobseeker's agreement” there is substituted “accepted a claimant commitment“;
for “9(10)” there is substituted “9(9)“;
for “entered into a jobseeker's agreement which is in force for” there is substituted “ accepted a claimant commitment during ”.
Section 17 (decisions superseding earlier decisions) is amended as follows. In subsection (1)— After subsection (5) there is inserted—
In Schedule 8, in paragraph 6—
in sub-paragraph (1), after “entitled to“ there is inserted “universal credit”;
in sub-paragraph (2)(b), after “by way of“ there is inserted “universal credit”.
In section 16(3)(b) and 17(4) (in both places) for “good cause” there is substituted “ a good reason ”.
Section 31 (well-being of children) is amended as follows. In subsection (1)—
In Schedule 4C (departure directions), paragraph 2 is amended as follows. In sub-paragraph (1)(c), after “any decision of” there is inserted “ an appeal tribunal or ”. In sub-paragraph (2), after “any decision of“ (in each place) there is inserted “an appeal tribunal or”. After sub-paragraph (2) there is inserted—
In section 17A (employment schemes), in subsection (5)(c) for “jobseeker's agreement to which a person is a party” there is substituted “ claimant commitment accepted by a person ”.
Section 32 (contracting out) is amended as follows. In subsection (2), in section 20E inserted into the Jobseekers Act 1995— In subsection (3), for paragraphs (a) to (d) there is substituted—.
Section 20 (exemptions from section 19) is amended as follows—
in the heading, after “19” there is inserted “ and 19A ”;
in subsection (1), for “prevent payment” there is substituted “ authorise reduction ”;
in subsection (2), for “19” there is substituted “19A” and for “(5)” there is substituted “ (2)(c) to (g) ”;
in subsection (3), for “19(6)(b) or (d)” there is substituted “19(2)(b) or (d)” and for “ just cause ” there is substituted “good reason”.
Sections 20C and 20D (uncommenced provision relating to sanctions for violent conduct etc) are repealed.
In section 22 (members of the forces), in subsection (2), for “section 19(6)(b)” there is substituted “ section 19(2)(b) ”.
“jobseeker's direction” has the meaning given by section 19A;
In section 36 (regulations and orders), after subsection (1) there is inserted—
Schedule 1 (supplementary) is amended as follows. In paragraph 8(b), for “entered into a jobseeker's agreement” there is substituted “accepted a claimant commitment“. In paragraph 10, at the end there is inserted—
“primary legislation” means an Act (including this Act) or Northern Ireland legislation;
which relates to a matter listed in Schedule 1 to that Act , ...
“joint claimants” means members of a couple who jointly make a claim or in relation to whom an award of universal credit is made;
The Social Security (Recovery of Benefits) Act 1997 is amended as follows.
The Social Security Administration Act 1992 is amended as follows.
a person prescribed or of a description prescribed by the Secretary of State.
Section 30
Section 31
“mobility activities” has the meaning given by section 79(4);
In the Children Act 1989, in the following provisions, after “in receipt” there is inserted “ of universal credit (except in such circumstances as may be prescribed), ”
section 17(9) (provision of services to children in need, their families and others);
section 17A(5)(b) (direct payments);
section 29(3) and (3A) (recoupment of cost of providing services etc);
paragraph 21(4) of Schedule 2 (local authority support for children and families).
The Education Act 1996 is amended as follows.
In the Immigration and Asylum Act 1999, in section 115 (exclusion from benefits of persons subject to immigration control)—
in subsection (1), after paragraph (ha) there is inserted “or”;
in subsection (2)(b) for “(a) to (j)“ substitute “ (a) to (i) ”.
The Social Security Fraud Act 2001 is amended as follows.
In section 457 (charges and remissions policies) in subsection (4)(b), before sub-paragraph (i) there is inserted—.
In section 6B (loss of benefit for conviction etc), in subsection (5), for “to (10)” there is substituted “ and (8) ”.
In section 512ZB (provision of free school lunches and milk: eligibility to request free milk)—
in subsection (4)(a), before sub-paragraph (i) there is inserted—;
in subsection (4)(b), before sub-paragraph (i) there is inserted—.
In section 7 (loss of benefit for repeated conviction etc), in subsection (2), for “to (5)” there is substituted “ and (4A) ”.
In section 11 (regulations), in subsection (3)(c), for the words from “section” to the end there is substituted “ section 6B(5A) or (8), 7(2A) or (4A) or 9(2A) or (4A) ”.
“relevant social security benefit” means—
In the Child Support Act 1991, in paragraph 5 of Schedule 1 (maintenance calculations), as it has effect apart from section 1 of the Child Support, Pensions and Social Security Act 2000, in sub-paragraph (4) after “Where” there is inserted “ universal credit (in such circumstances as may be prescribed), ”.
In section 2 of the Jobseekers Act 1995, in subsection (3C) (as inserted by section 12(5) of the Welfare Reform Act 2009), in the definition of “benefit”, before paragraph (a) there is inserted—.
The Social Security Act 1998 (decisions and appeals) is amended as follows.
The Social Security Fraud Act 2001 is amended as follows.
In Schedule A1 to the Capital Allowances Act 2001 (first-year tax credits), in paragraph 17(1)(b) after “sick pay,” there is inserted “ or ”.
The Social Security Administration Act 1992 is amended as follows.
In section 2 (use of computers), in subsection (2)—
in paragraph (i), the final “or” is repealed;
after paragraph (j) there is inserted—.
In section 6A (definitions), in subsection (1), in the definition of “disqualifying benefit”, at the beginning there is inserted—.
In section 5 (regulations about claims and payments) in subsection (6), before “subsection” there is inserted “or housing credit (within the meaning of the State Pension Credit Act 2002)”.
In section 8 (decisions by Secretary of State)—
in subsection (3), after paragraph (a) there is inserted—;
in subsection (4), for “or Part 1 of the Welfare Reform Act 2007” there is substituted “ , Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012 ”.
Section 6B (loss of benefit in case of conviction, penalty or caution for benefit offence) is amended as follows. In subsection (5), for “(6)” there is substituted “ (5A) ”. After subsection (5) there is inserted— In subsection (7), after paragraph (c) there is inserted—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (1A)—
in paragraph (b), for “the appropriate minimum guarantee for the purposes of” there is substituted “entitlement to”;
in the closing words, for “appropriate minimum guarantee for the purposes of” there is substituted “entitlement to”;
in subsection (4), the definition of “appropriate minimum guarantee” is repealed.
In section 11 (regulations with respect to decisions), in subsection (3), for “and Part 1 of the Welfare Reform Act 2007” there is substituted “ , Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012 ”.
Section 7 (loss of benefit for second or subsequent conviction of benefit offence) is amended as follows. In subsection (2), for “(3)” there is substituted “ (2A) ”. After subsection (2) there is inserted— In subsection (4), after paragraph (c) there is inserted—
Section 122F (supply by rent officers of information) is amended as follows. In subsection (3)(a) at the end of the words in brackets there is inserted “or housing credit”. In subsection (4) at the end there is inserted “or housing credit”. After that subsection there is inserted—.
In section 27 (restriction on entitlement in cases of error), in subsection (7), in the definition of “benefit” for paragraph (f) there is substituted—.
Section 8 (effect of offence on joint-claim jobseeker's allowance) is amended as follows. In subsection (3)— In subsection (4), after paragraph (c) there is inserted— In the opening words to subsections (7) and (8) the words “by virtue of any regulations” are repealed.
In section 28(3) (correction of errors in decisions etc)—
in paragraph (f), the final “or” is repealed;
after paragraph (g) there is inserted—.
Section 9 (effect of offence on benefits for members of offender's family) is amended as follows. In subsection (1), before paragraph (a) there is inserted—. In subsection (2), for “or” at the end of paragraph (b) there is substituted “ and ”. After subsection (2) there is inserted— In subsection (4), after paragraph (c) there is inserted—
“claimant”, in relation to a couple jointly claiming universal credit, means the couple or either member of the couple;
In section 10(3) (power to supplement and mitigate loss of benefit provisions) after paragraph (bc) there is inserted—.
Schedule 2 (decisions against which no appeal lies) is amended as follows. In paragraph 6(b), at the end there is insertedor After paragraph 7 there is inserted—
In section 11 (loss of benefit regulations), subsection (3) is amended as follows. In paragraph (c)— In paragraph (d) at the end there is inserted “or (aa)”.
In Schedule 3 (decisions against which an appeal lies), after paragraph 3 there is inserted—
Section 33
“work” has such meaning as may be prescribed;
The Social Security Contributions and Benefits Act 1992 is amended as follows.
The Child Support, Pensions and Social Security Act 2000 is amended as follows.
The Welfare Reform Act 2007 is amended as follows.
In section 22 (earnings factors), in subsections (2)(a) and (5), for “a contributory” there is substituted “an“.
Section 69 (discretionary financial assistance with housing) is amended as follows. In subsection (1)— In subsection (2)— In subsection (5), for “relevant authorities“ there is substituted “ local authorities ”. “local authority” has the meaning given by section 191 of the Social Security Administration Act 1992.
In section 1 (employment and support allowance), in subsection (3)(d), at the end there is inserted “and”.
In section 150 (interpretation of Part 10), in subsection (2), in the definition of “qualifying employment and support allowance”, for “a contributory allowance” there is substituted “ an employment and support allowance ”.
Section 70 (grants towards cost of discretionary housing payments) is amended as follows. In subsection (1), after “payments” there is inserted “ (“grants”) ”. For subsection (2) there is substituted— In subsection (8)—
In section 2 (amount of contributory allowance), in subsection (1), for “In the case of a contributory allowance, the amount payable“ there is substituted “ The amount payable by way of an employment and support allowance ”.
After section 70 there is inserted—
Section 27 (financial provisions) is amended as follows. In subsection (1), for the words from “so much of” to the end there is substituted “ any sums payable by way of employment and support allowance ”. In subsection (3), for “contributory” there is substituted “ employment and support ”.
In each of the following provisions, for “a contributory allowance” there is substituted “ an employment and support allowance ”
section 1A(1), (3), (4), (5) and (6) (as inserted by section 51 of this Act);
section 1B(1) (as inserted by section 52 of this Act);
section 3(2)(d);
section 18(4);
section 20(2), (3)(a), (b) and (c), (4), (5)(a), (b) and (c), (6), (7)(a), (b) and (c);
in Schedule 1, paragraphs 1(5)(d) and 3(2)(a);
in Schedule 2, paragraphs 6 and 7(2)(d).
“relevant information” means information relating to—
The Corporation Tax Act 2009 is amended as follows.
Regulations may provide—
in a case where a person ceases to be entitled to universal credit and becomes entitled to a relevant benefit, for a sanction relating to the award of universal credit to be applied to the award of the relevant benefit;
in a case where a person ceases to be entitled to a relevant benefit and becomes entitled to universal credit, for a sanction relating to the award of the relevant benefit to be applied to the award of universal credit;
in a case where a person ceases to be entitled to one relevant benefit and becomes entitled to the other, for a sanction relating to the award of the former to apply to the award of the latter.
In section 1059 (relief relating to SME R&D: total amount of company's PAYE and NICs liabilities), in subsection (5) after “sick pay” there is inserted “ or ”.
In section 1108 (relief relating to vaccine research etc: total amount of company's PAYE and NICs liabilities), in subsection (5) after “sick pay” there is inserted “ or ”.
Section 34
Section 35
Section 36
Section 48
Section 70
The Social Security Administration Act 1992 is amended as follows.
In section 78(4) (recovery of funeral payments out of social fund), after “Payments” there is inserted “ out of the social fund ”.
In section 79 (recovery of Northern Ireland payments), in paragraph (c), for the words from “under subsection” to the end there is substituted “ under section 71(8) ”.
The social fund Commissioner. A social fund inspector. A member of any staff employed in connection with the social fund.
Section 91
The Social Security Contributions and Benefits Act 1992 is amended as follows.
In section 30B (incapacity benefit: rate), in subsection (4), after paragraph (a) there is inserted—.
Section 64 (entitlement to attendance allowance) is amended as follows. In subsection (1), for “the care component of a disability living allowance” there is substituted “ an allowance within subsection (1A) ”. After subsection (1) there is inserted—
In section 150 (Christmas bonus for pensioners: interpretation), in subsection (1), after paragraph (ba) there is inserted—.
Section 93
Section 102
Section 103
Section 145
The Child Poverty Act 2010 is amended as follows.
For section 8 (and the preceding italic heading) there is substituted—
For Schedule 1 (Child Poverty Commission) there is substituted—
The Child Poverty Act 2010 is amended as follows.
In section 6 (persistent poverty target), subsection (6)(b) and the preceding “and” are repealed.
In section 10 (provision of advice and consultation)—
for the heading, there is substituted “ Consultation ”;
subsections (1) to (3) are repealed.
In section 13 (advice and consultation: Scotland and Northern Ireland)—
for the heading there is substituted “ Consultation: Scotland and Northern Ireland ”;
subsections (1) and (2) are repealed.
In the italic heading preceding section 14, for “Reports” there is substituted “ Statement ”. Section 14 is repealed.
Section 15 (statement in relation to target year) is amended as follows. In subsection (1), for “The report under section 14(3) must include” there is substituted “ The Secretary of State must, as soon as reasonably practicable after the end of the target year, lay before Parliament ”. In subsection (4), for “the report under section 14(3)” there is substituted “ the statement ”. At the end there is inserted—
In section 16 (economic and fiscal circumstances), in subsection (1)(b), for the words from “to the Secretary of State” to the end there is substituted “ under section 8A ”.
Section 18 (interpretation) is amended as follows. In the definition of “the Commission” in subsection (1), for “Child Poverty Commission” there is substituted “ Social Mobility and Child Poverty Commission ”. “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975; After subsection (2) there is inserted—
In section 28 (regulations and orders), in subsection (5)(b), after “section” there is inserted “ 8B(5) or ”.
Schedule 2 (continuing effect of targets) is amended as follows. In paragraph 1, in paragraph (a) of the definition of “target statement”, for “the report required by section 14(3)” there is substituted “ the statement required by section 15 ”. In paragraph 3(d), for “the Secretary of State”, in the first place, there is substituted “ the Commission ”. Paragraphs 6(c) and (d) and 7(1)(b) are repealed.
In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3—
the entry relating to the Child Poverty Commission is repealed;
at the appropriate place there is inserted— “ Social Mobility and Child Poverty Commission ”.
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation)—
the entry relating to the Child Poverty Commission is repealed;
at the appropriate place there is inserted— “ Social Mobility and Child Poverty Commission ”.
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified)— In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified)—
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general)—
the entry relating to the Child Poverty Commission is repealed;
at the appropriate place there is inserted— “ The Social Mobility and Child Poverty Commission ”.
Section 147
Short title and chapter Extent of repeal Social Work (Scotland) Act 1968 (c. 49) In section 78(2A), the words from “income support” to “or family credit“. Education (Scotland) Act 1980 (c. 44) In section 53(3)— in paragraph (a), sub-paragraphs (i) to (iia) and, in sub-paragraph (iv), the words from “or any tax credit” to “2002 (c. 21)”; in paragraph (b), sub-paragraphs (i) to (iia) and, in sub-paragraph (iii), the words from “or any tax credit” to “2002 (c. 21)”. Legal Aid (Scotland) Act 1986 (c. 47) In sections 8(b) and 11(2)(b), the words from “income support” to the end. Children Act 1989 (c. 41) In section 17— in subsection (9), the words from “of income support” to the end; subsection (12). In section 17A(5)(b), the words from of “income support” to the end. In section 29(3) and (3A), the words from “of income support” to the end. In section 105(1), the definitions of— “income-based jobseeker's allowance”; “income-related employment and support allowance”. In Schedule 2, in paragraph 21(4), the words from “income support” to the end. Child Support Act 1991 (c. 48) In section 54(1), the definitions of— “income support”; “income-based jobseeker's allowance”; “income-related employment and support allowance”. In paragraph 5(4) of Schedule 1, as it has effect apart from section 1 of the Child Support, Pensions and Social Security Act 2000, the words from “income support” to “support allowance”. Social Security Contributions and Benefits Act 1992 (c. 4) In sections 4C(2)(b), (5)(c) and (7)(a), “contribution-based”. In section 22— in subsections (2)(a) and (5), “contribution-based“; subsection (8). In section 44A(7), “contributory“. In section 122(1), the definition of “contribution-based jobseeker's allowance“. Sections 123 to 137. Section 175(6). In Schedule 3, in paragraph 5(6B), “or 4(2)(b)”. Social Security Administration Act 1992 (c. 5) Section 1(4)(b). Sections 2A to 2H. In section 5— subsection (2)(b) and (e); in subsection (6), “or housing benefit”. Section 6. In section 7— in the heading, the words “community charge benefits and other“; subsection (2), so far as not otherwise repealed; subsection (3)(b) and the preceding “and”. Section 7A(1) to (5). In section 15A— in subsection (1)(a), the words from “income support” to “employment and support allowance”; in subsection (1)(b), the words from “or the applicable” to “employment and support allowance”; in subsection (1), in the words after paragraph (b), the words from “or applicable” to “employment and support allowance”; in subsection (4), in the definition of “qualifying associate”, “income support, an income-based jobseeker's allowance,”, “or an income-related employment and support allowance,”, “Part VII of the Contributions and Benefits Act or”, “under the Jobseekers Act 1995,” and “or Part 1 of the Welfare Reform Act 2007”; in subsection (4), in the definition of “relevant benefits”, paragraph (b). Section 71(11)(b). Section 71ZH(1)(c) and (d) (as inserted by section 105 of this Act). Section 71A. In section 73(1) and (4)(b), “contribution-based”. In section 74— in subsection (1)(b), “income support, an income-based jobseeker's allowance” and “or an income-related employment and support allowance“; in subsection (2)(b), “income support, an income-based jobseeker's allowance,” and “or an income-related employment and support allowance“; subsection (3); in subsection (4), “or (3)” and paragraph (b) and the preceding “and”. In section 74A(7), the words from “income support” to “employment and support allowance”. Section 75 (and the preceding cross-heading). Sections 76 and 77. In section 78(6)(d), “income support or an income-based jobseeker's allowance”. In the heading to Part V, “Income support and”. In section 105— in subsection (1)(b), the words from “income support” to “support allowance”; subsection (3)(b) and the preceding “or”; subsection (4). In section 106(1), (2), (3) and (4)(a), “income support or”. In section 108(1)(a), “income support or”. In section 109(1), “or income support or an income-related employment and support allowance”, in both places. In section 109A— subsection (3)(b) to (d); subsections (6) and (7). Sections 110A and 110AA. In section 111— in subsection (1)(ab), “or 110AA”; in subsection (3), “or 110A”. In section 115A— in subsection (1), “or an authority”, “71A, 75 or 76” and “or authority”; in subsection (1A) (as inserted by section 113 of this Act), “or an authority” in both places and “71A, 75 or 76“; in subsection (2), “or authority”, in both places; in subsection (5), “or authority”, in both places; subsections (7A) and (7B). In section 115B— in subsection (1), “or an authority that administers housing benefit or council tax benefit”; in subsection (3), “or authority”, in both places; in subsection (4)(a) (as substituted by section 102 of this Act), “ or authority ”; in subsection (4A) (as so substituted), the words from “(and, where“ to the end; in subsection (6), “or authority”, in both places. In section 115C (as inserted by section 116 of this Act)— in subsection (5), the words from “(and, where” to the end; in subsection (6), in the definition of “appropriate authority”, paragraph (b) and the preceding “or“. In section 115D(5) (as inserted by section 116 of this Act), the words from “(and, where” to the end. In section 116— in subsection (2)(a), “(other than proceedings to which paragraph (b) applies)” (as substituted by section 111 (a) of this Act); subsection (2)(b) and the preceding “and”; subsection (3)(b) and the preceding “and”; subsections (4) and (5). Section 116A. Section 121DA(6). Sections 122C to 122E. In section 122F, in subsection (3)(a) and (4), “housing benefit”. Section 124(2)(b). In section 126(1)— “income support, an income-based jobseeker's allowance“; “an income-related employment and support allowance”. Section 128A (and the preceding cross-heading). Section 134. Sections 138 to 140G. In section 150— subsection (1)(h); in subsection (1)(m) “or 4(2)(a) or (6)(c)”; in subsection (7), “Part VII of the Contributions and Benefits Act or” and the words from “or which“ to the end; subsection (10)(b)(i) and (ii). Section 151(6). Section 159. In section 159B— in subsection (1)(b)(iii), “contribution-based”; in subsection (6), in the definitions of “alteration” and “component”, “contribution-based“. In section 159D (as inserted by Schedule 2 to this Act)— in subsection (1)(b)(iv), “contribution-based”; in subsection (6), in the definitions of “alteration” and “component”, “contribution-based“. Sections 160 and 160A. In section 160B(5), “or 4(2)(a)“. Section 163(2)(d). In section 166— in subsections (1)(c) and (2)(b), “relating to a contribution-based jobseeker's allowance”; in subsection (2)(ba), “relating to a contributory employment and support allowance”. In section 170(5), in the definition of “the relevant enactments”, paragraph (aj). Section 176(1)(a) and (b). Section 179(4)(b)(i) and (5)(a) and (d). Section 182A(3)(c). Section 182B(2). Section 187(1)(b). In section 189— subsections (7) and (7A); in subsection (8), “140B, 140C”. Section 190(1)(aa) and (ab). In section 191, the definitions of— “billing authority“; “contribution-based jobseeker's allowance”; “contributory employment and support allowance”; “council tax benefit scheme”; “housing authority“; “housing benefit scheme“; “income-based jobseeker's allowance”; “income-related benefit“; “income-related employment and support allowance”; “rent rebate” and “rent allowance”. In Schedule 4, the paragraphs headed “Local authorities etc”. Local Government Finance Act 1992 (c. 14) In Schedule 4— in paragraph 6(1) and (2)(b), “income support”. paragraph 12(1)(b); in paragraph 12(1)(d), “deductions from income support”. In Schedule 8, in paragraph 6(1) and (2)(b), “income support”. In Schedule 9, paragraphs 1 to 13, 15 to 17, 19 to 24 and 25(a) and (c). Jobseekers Act 1995 (c. 18) Section 1(2A) to (2D) and (4). In section 2— subsection (1)(d) and the preceding “and”; in subsection (3C)(d), “contribution-based”; subsection (3C)(e) and the preceding “and”. Sections 3 to 3B. In section 4— in subsection (1), “contribution-based”; subsections (3), (3A) and (6) to (11A). Section 4A. In section 5— in the heading and in subsection (1), “contribution-based“; in subsection (2), “contribution-based”, in the first two places; in subsection (3), “contribution-based”. Section 13. Sections 15 to 17. In section 17A(10), the definition of “claimant”. Section 18. Section 23. Sections 25 and 26. Section 28. Section 31. In section 35(1)— in the definition of “claimant”, the words from “except” to the end; the definitions of “contribution-based jobseeker's allowance”, “income-based conditions”, “income-based jobseeker's allowance”, “income-related employment and support allowance”, “joint claim couple” and “joint-claim jobseeker's allowance” and “the nominated member”. In section 38— in subsections (3) and (4), “contribution-based”; subsection (6). Section 40. In Schedule 1— in paragraph 6(1), “contribution-based”; paragraphs 8 and 8A; paragraphs 9 to 10; in paragraph 11(1), “contribution-based”; in paragraph 16(1) and (2)(d), “contribution-based“; paragraph 18(b) and (c). In Schedule 2, paragraphs 29 to 35, 53(4) and 73(3) and (4). Children (Scotland) Act 1995 (c. 36) Section 22(4)(a) to (c). Housing Act 1996 (c. 52) In section 122— in the heading and in subsection (1) “housing benefit and rent allowance subsidy”; subsections (2) to (7). Schedule 12. In Schedule 13, paragraph 3(3) to (6). Education Act 1996 (c. 56) In section 457(4)— sub-paragraphs (i) to (iia); in sub-paragraph (iii), the words from “or entitled” to “such a tax credit”. In section 512ZB(4)— paragraph (a)(i) to (iia); paragraph (aa)(ii); paragraph (b)(i) to (iia); paragraph (c)(ii) and the preceding “or”. In section 579(1), the definition of “income-related employment and support allowance”. Social Security (Recovery of Benefits) Act 1997 (c. 27) In Schedule 2, in the second column of the table, the reference to income support. Social Security Administration (Fraud) Act 1997 (c. 47) Section 3. Section 4(1). Section 5. Sections 8 to 10. Section 16. In Schedule 1, paragraphs 3 and 7. Social Security Act 1998 (c. 14) Section 8(3)(c). In section 8(5), the words from “other than” to the end. Section 34. In section 39(1), the definition of “claimant”. Section 79(8). In Schedule 2— paragraph 1 (and the preceding heading); paragraph 5A (and the preceding heading); paragraph 6(b)(i); paragraph 7 (and the preceding heading). In Schedule 3, in paragraph 5, “or 71A”. In Schedule 7, paragraphs 95, 97, 98, 139, 140 and 146. Audit Commission Act 1998 (c. 18) Sections 38 and 39. Section 50. In Schedule 1, paragraph 8(2)(b). In Schedule 2A, in paragraph 3— in the definition of “national studies functions”, paragraph (d); in the definition of “reporting functions”, paragraph (a); the definition of “section 139A inspector”. In Schedule 3, paragraph 23. Scotland Act 1998 (c. 46) In Part 2 of Schedule 5, in Section F1, under the heading “Illustrations”, “administration and funding of housing benefit and council tax benefit;”. Access to Justice Act 1999 (c. 22) In Schedule 4, paragraph 48. Local Government Act 1999 (c. 27) Section 13A(4A). Section 14. Section 29(2A). Welfare Reform and Pensions Act 1999 (c. 30) Sections 57 and 58. Section 72(3)(a). In Schedule 7, paragraphs 2(3) and (4), 4, 5(3) and (4), 6, 9 to 11, 15 and 16. In Schedule 8, paragraphs 28 and 29(2), (4), (5) and (7). In Schedule 12, paragraphs 79, 80, 82, 83 and 87. Immigration and Asylum Act 1999 (c. 33) Section 97(5)(a). In section 115(1)— “to income-based jobseeker's allowance under the Jobseekers Act 1995 or”; the words from “or to income-related” to “support allowance)“; paragraphs (e), (j) and (k). Child Support, Pensions and Social Security Act 2000 (c. 19) Section 68. Section 71. In Schedule 6, paragraph 3. Schedule 7. Local Government Act 2000 (c. 22) Section 96. Capital Allowances Act 2001 (c. 2) In Schedule A1, in paragraph 17(1)— in paragraph (a), the words from “disregarding any” to “working tax credit,”; in paragraph (b), “child tax credit or working tax credit”. Social Security Fraud Act 2001 (c. 11) Section 1(5). Section 2(2). Section 6. In section 6A(1), in the definition of “sanctionable benefit”, paragraph (a). In section 6B— in subsection (2)(b)(i), “or an authority which administers housing benefit or council tax benefit”; subsections (6), (7), (9) and (10). In section 7— subsections (3), (4), (4B) and (5); in subsection (10), “8 or“. Section 8. In section 9— subsection (1)(a), (b), (bc), (c) and (d); subsections (3), (4), (4B) and (5). In section 10(2), “8”. In section 11(3)— paragraph (b); paragraph (d). In section 13, the definitions of— “income-based jobseeker's allowance”, “joint-claim jobseeker's allowance” and “joint-claim couple“; “income-related allowance“. Section 14. State Pension Credit Act 2002 (c. 16) Section 15(1)(b). In section 17(1), the definition of “working tax credit”. Section 18A(7)(c) and the preceding “or”. In Schedule 2, paragraphs 2 to 4 and 36 to 38. Tax Credits Act 2002 (c. 21) Part 1 (but not Schedule 1 or 3). Employment Act 2002 (c. 22) Section 49. In Schedule 6, paragraphs 2 and 3. In Schedule 7, paragraphs 9, 10, 12(a), 15 and 51. Income Tax (Earnings and Payments) Act 2003 (c. 1) In Schedule 6, paragraphs 179 and 228 to 230. Local Government Act 2003 (c. 26) In Schedule 7, paragraphs 34 to 39. Public Audit (Wales) Act 2004 (c. 23) In Schedule 2, paragraph 15. Civil Partnership Act 2004 (c. 33) In Schedule 24, paragraphs 42 to 46, 55, 118 to 122 and 144 to 147. Pensions Act 2004 (c. 35) In Schedule 10, paragraph 3. Commissioners for Revenue and Customs Act 2005 (c. 11) Section 5(1)(c) and the preceding “and”. Section 44(3)(d) and the preceding “and”. Section 54(4)(f) and the preceding “and”. In Schedule 1, paragraphs 4 and 31. Education Act 2005 (c. 18) In section 108(1)(a), “or tax credits”. In section 110— subsection (1); in subsection (3), “(1) or”. Childcare Act 2006 (c. 21) In section 13A— subsection (1); in subsection (3), “(1) or”. Welfare Reform Act 2007 (c. 5) In section 1— in subsection (2), in the opening words, “either”; in subsection (2)(a), “Part 1 of” and “that Part of”; subsection (2)(b) and the preceding “or”; subsection (3)(e); in subsection (3)(f), the words from “(and” to “allowance)”; in subsection (3A), “Part 1 of”; in subsection (6), the definition of “joint-claim jobseeker's allowance”; subsections (6A) and (7). In section 1A— in the heading, “contributory”; in subsections (1) (in both places), (3) and (4), “Part 1 of”. Section 1B (2). In section 2, in the heading, “contributory”. In section 3, in the heading, “contributory”. Sections 4 to 6. Section 23. In section 24(1), the definitions of “contributory allowance”, “income-related allowance” and “income support”. In section 26(1)(a), “or 4(4)(c) or (5)(c)”. Section 27(2)(a) and (4). Section 29. Sections 30 to 34. Sections 37 to 39. Section 41(2)(a) to (d) and (3). Sections 46 and 47. Section 48(1) to (3). In Schedule 1— the heading to Part 1; paragraph 1(5)(e) and the preceding “and”; Part 2. In Schedule 2— in the headings to paragraphs 6 and 7, “Contributory allowance:“; paragraph 8; paragraph 11(b) and (c); paragraph 12, so far as not otherwise repealed. In Schedule 3, paragraphs 1, 2, 4, 9(9) and (10), 10(3), (8)(b), (15) and (32)(b) and (c) and 12(3) and (4). Schedule 4. In Schedule 5, paragraphs 1, 3 to 9, 12 and 13. In Schedule 7, paragraph 3(2). Tribunals, Courts and Enforcement Act 2007 (c. 15) In Schedule 13, paragraph 103. Pensions Act 2007 (c. 22) In Schedule 1, paragraph 25. Local Government and Public Involvement in Health Act 2007 (c. 28) Section 147(2). Section 148(1)(b). Section 150. Child Maintenance and Other Payments Act 2008 (c. 6) Section 45(2). In Schedule 7, paragraph 2(2). Corporation Tax Act 2009 (c. 4) In section 1059— subsection (3); in subsection (5), “child tax credit or working tax credit”. In section 1108— subsection (3); in subsection (5), “child tax credit or working tax credit”. Welfare Reform Act 2009 (c. 24) Section 2. Section 3(1) and (2). Sections 4 and 5. Section 8(2)(a). Section 9. Section 34(1) and (2). Sections 35 and 36. Section 37(3). Schedule 2. In Schedule 4, paragraph 3. Part 1 of Schedule 7. In Part 3 of Schedule 7, the entries relating to — section 2B of the Social Security Administration Act 1992; section 72(3)(b) of the Welfare Reform and Pensions Act 1999; paragraph 5A of Schedule 2 to the Social Security Act 1998; the Employment Act 2002; the Civil Partnership Act 2004. Welfare Reform Act 2012 (c. 5) Section 50(1). Section 52(2). Section 58(2). Section 59. Section 69. Section 105(5). Section 106(3). Section 111. Section 130(7)(b) and (c). In section 131— in subsection (3), “or housing benefit” in all three places; in subsection (7)(a)(i), the words from “or a person engaged” to the end; in subsection (9)(a)(i), the words from “or a person engaged” to the end; subsection (11)(d) to (f); in subsection (12), the definition of “person engaged in the administration of housing benefit”. In Schedule 7, paragraphs 3 and 10(2). In Schedule 9, paragraphs 18, 22, 26 and 27. In Schedule 11, paragraphs 12 to 14. In Schedule 12, paragraph 5.
Short title and chapter Extent of repeal Welfare Reform Act 2009 (c. 24) Section 4(2)(a), (3) and (4). Section 8(2)(b). In section 32(2), in the inserted section 20E of the Jobseekers Act 1995— subsection (1) (a) to (c); in subsection (2)(c), “or 18A”; subsection (2)(d); in subsection (3)(a), “11A, 11C,” and “or 18B”; in subsection (4)(a), “11A”. In section 32— in subsection (3)(e), the words from “as” to “Act)”; in subsection (3)(f), the words from “as” to “Schedule)”; subsection (5). Schedule 1. In Part 3 of Schedule 7, the entries relating to— sections 15A and 17A(1) of the Jobseekers Act 1995; paragraphs 2(2), (3) and (4)(b), 3, 4(1), 12 and 13 of Schedule 7 to the Welfare Reform and Pensions Act 1999; paragraph 12(2) of Schedule 3 to the Welfare Reform Act 2007.
Short title and chapter Extent of repeal Jobseekers Act 1995 (c. 18) Section 8(2)(ca) and (d), (2A) and (3). Section 17A(5)(d) to (f) and (6) to (9). Section 20(4) to (6). Sections 20A and 20B. In section 35(1), the definition of “jobseeker's agreement”. Social Security Act 1998 (c. 14) In Schedule 7, paragraph 141. Welfare Reform and Pensions Act 1999 (c. 30) In Schedule 7, paragraphs 12 and 13. In Schedule 8, paragraph 29(5). Welfare Reform Act 2009 (c. 24) Section 1(4) and (5). Section 25. Section 32(3)(e) and (f) and (4). Section 33. In Part 3 of Schedule 7, the entries relating to sections 8(3) and 9(13). Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) In Schedule 2, paragraph 38.
Short title and chapter Extent of repeal Social Security Administration Act 1992 (c. 5) Section 71ZH(1)(b) (as inserted by section 105 of this Act). Jobseekers Act 1995 (c. 18) Section 17A, so far as not otherwise repealed. Section 17B. Sections 19 to 19C (as substituted by section 46(1) of this Act). Section 20(1) to (3), (7) and (8). Section 20E, so far as not otherwise repealed. Section 22(2). In section 35(1)— in the definition of “employment”, “except in section 7“; the definitions of “employment officer” (as inserted by section 44(5) of this Act) and “jobseeker's direction” (as inserted by Schedule 7 to this Act); the definition of “training”. Section 36(1A) (as inserted by Schedule 7 to this Act) and (4A). In section 37(1)— in paragraph (a)(i), “6, 7”; paragraph (ab) (as inserted by section 46(2) of this Act). In Schedule 1, paragraph 8B. Social Security Act 1998 (c. 14) In Schedule 3, paragraph 8 (and the preceding heading). In Schedule 7, paragraphs 134 and 135. Welfare Reform Act 2009 (c. 24) Section 1(1) to (3). Section 29. Section 32(1) to (3). Welfare Reform Act 2012 (c. 5) Section 44(3) to (5). Section 45. Section 46(1) and (2). In Schedule 7, paragraphs 2, 4, 5, 7, 8, 9, 10(1) and (3), 11, 14 and 16.
Short title and chapter Extent of repeal Welfare Reform Act 2007 (c. 5) Section 1C (as inserted by section 54 of this Act). Section 16A (as inserted by section 56 of this Act). Section 24(3A) and (3B). Section 26(1)(b). Welfare Reform Act 2009 (c. 24) Section 3(3) to (5). Section 8, so far as not otherwise repealed. Section 10. Welfare Reform Act 2012 (c. 5) Section 54(3) to (5). Sections 55 and 56. Section 58(1) and (3).
Short title and chapter Extent of repeal Jobseekers Act 1995 (c. 18) In section 36(4A)(a) and (b), “or Schedule A1”. In section 37(1)(c), “, any paragraph of Schedule A1”. In Schedule 1, in paragraph 19 “(other than paragraph 8 of Schedule A1)”. Social Security Act 1998 (c. 14) In Schedule 3, in paragraph 3(da), “, or Schedule A1 to,”. Welfare Reform Act 2007 (c. 5) In section 16— subsection (1)(d) to (f); in subsections (2)(a) and (3)(a), “or Schedule 1A”. In section 25(6), “or Schedule 1A“. Section 26(1)(d). In Schedule 2— in paragraph 10A(1), “or Schedule 1A”; in paragraph 12, paragraph (ca) (but not the final “or”); in paragraph 13, “, or under any paragraph of Schedule 1A other than paragraph 8,”. Welfare Reform Act 2009 (c. 24) In section 32, in the section 20E to be inserted into the Jobseekers Act 1995— subsection (1)(d) to (f); in subsections (3)(a) and (4)(a), “or Schedule A1”. In Schedule 7, in Part 3, the entry relating to Schedule A1 to the Jobseekers Act 1995.
Short title and chapter Extent of repeal Pneumoconiosis etc (Workers'Compensation) Act 1979 (c. 41) In section 2— in subsection (2)(b), the words from the beginning to “disease, or“; in subsection (3), in the definition of “death benefit”, the words “ “death benefit” means” and the words from “death benefit under” to the end; in subsection (3), in the definition of “disablement benefit”, the words “or paragraph 4 of Schedule 8 to the Social Security Contributions and Benefits Act 1992”. Social Security Administration Act 1992 (c. 5) Section 164(4) and (5). In section 166(1)(b), the words “(except Part 1 of Schedule 8)”. Section 185. Section 188(3). In section 191, in the definition of “industrial injuries benefit”, the words “other than under Schedule 8”. Schedule 9. Social Security (Consequential Provisions) Act 1992 (c. 6) In Schedule 2, paragraph 55(1)(b) and (2)(b). Social Security (Incapacity for Work) Act 1994 (c. 18) In Schedule 1, paragraph 42. Civil Partnership Act 2004 (c. 33) In Schedule 24, paragraph 53.
Short title and chapter Extent of repeal Parliamentary Commissioner Act 1967 (c. 13) In Schedule 2, the entry relating to the social fund Commissioner. Superannuation Act 1972 (c. 11) In Schedule 1, the entry relating to the Office of the social fund Commissioner for Great Britain. House of Commons Disqualification Act 1975 (c. 24) In Schedule 1, in Part 3, the entry relating to the social fund Commissioner. Social Security Contributions and Benefits Act 1992 (c. 4) In section 138— in subsection (1), the “and” preceding paragraph (b); subsections (3) and (5). Sections 139 and 140. Social Security Administration Act 1992 (c. 5) Section 12. Section 71ZA. Section 78(1) to (3E) and (5) to (9). Section 168. In Schedule 4, in Part 1— the heading “The Social Fund”; under that heading, the entries relating to the social fund Commissioner, a social fund inspector and a member of any staff employed in connection with the social fund. Jobseekers Act 1995 (c. 18) Section 32(2). In Schedule 2, paragraph 51. Social Security Act 1998 (c. 14) Section 8(1)(b) (but not the “and“ following it). In section 9(1), “Subject to section 36(3) below,”. In section 10(1), “and section 36(3)”. Sections 36 to 38. Section 70(2). Section 71. Section 75. In Schedule 7, paragraphs 72, 73 and 103. Freedom of Information Act 2000 (c. 36) In Schedule 1, in Part 6, the entry relating to the social fund Commissioner appointed under section 65 of the Social Security Administration Act 1992. Civil Partnership Act 2004 (c. 33) In Schedule 24, paragraph 61. Welfare Reform Act 2007 (c. 5) Section 54(a). In Schedule 7, paragraphs 2(3), 3(4) and (5) and 4. Welfare Reform Act 2012 (c. 5) Sections 71 and 72. Section 106(2) and (4).
Short title and chapter Extent of repeal Transport Act 1982 (c. 49) Section 70(2)(a)(iA). Child Support Act 1991 (c. 48) In section 8(8)(a), the words “or a disability living allowance.” Social Security Contributions and Benefits Act 1992 (c. 4) Section 30B(4)(b). Section 64(1A)(b). In section 150(2), paragraph (b) of the definition of “attendance allowance”. Social Security Administration Act 1992 (c. 5) In section 150— subsection (1)(b), and in subsection (3)(b), the word “(b),”. In Schedule 7, paragraph 1. Finance Act 1994 (c. 9) In paragraph 3(4)(b) of Schedule 7A, the words “section 71 of the Social Security Contributions and Benefits Act 1992 or”. Value Added Tax Act 1994 (c. 23) In Part 2 of Schedule 7A, in sub-paragraph (2)(b) of note 6 to Group 3, the words “Part III of the Contributions and Benefits Act or“. In Part 2 of Schedule 8, in paragraph (a) of note (7) to Group 12, the words “section 71 of the Social Security Contributions and Benefits Act 1992, or”. Social Security (Recovery of Benefits) Act 1997 (c. 27) In Schedule 2, in the second column of the table— the entry for the care component of disability living allowance; the entry for the mobility component of disability living allowance. Social Security Act 1998 (c. 14) In Schedule 3, paragraph 3(b). Welfare Reform and Pensions Act 1999 (c. 30) Section 67. Immigration and Asylum Act 1999 (c. 33) Section 115(1)(d). Capital Allowances Act 2001 (c. 2) Section 268D(2)(a)(i). Social Security Fraud Act 2001 (c. 11) In section 6A(1), paragraph (d) of the definition of “sanctionable benefit”. Income Tax (Earnings and Pensions) Act 2003 (c. 1) In section 677(1), in Part 1 of Table B, in the entry relating to disability living allowance, the words “SSCBA 1992 Section 71“ (in the second column). National Health Service (Consequential Provisions) Act 2006 (c. 43) In Schedule 1, paragraph 145. Welfare Reform Act 2007 (c. 5) Sections 52, 53 and 60(2). In Schedule 7, paragraph 2(2). Pensions Act 2007 (c. 22) In Schedule 1, paragraph 42. Welfare Reform Act 2009 (c. 24) Section 14.
Short title and chapter Extent of repeal Social Security Administration Act 1992 (c. 5) Section 126A. Social Security Administration (Fraud) Act 1997 (c. 47) Section 11. Social Security Act 1998 (c. 14) Section 22(4). Section 74. Welfare Reform and Pensions Act 1999 (c. 30) In Schedule 8, paragraph 34(2)(c). Welfare Reform Act 2007 (c. 5) Section 48(4).
Short title and chapter Extent of repeal Social Security Administration Act 1992 (c. 5) Section 7(2)(a). In section 71— subsection (7); in subsection (8), “or (7)”; subsections (10A) and (10B); subsection (11)(aa) and (ac).
Short title and chapter Extent of repeal Social Security Administration Act 1992 (c. 5) In section 115C(1)(d) (as inserted by section 116 of this Act) “or cautioned“. In section 115D(1)(c) and (2)(c) (as inserted by section 116 of this Act) “or cautioned“. Social Security Fraud Act 2001 (c. 11) In section 6B— in subsection (11A)(c), “or (c)”; in subsection (13), the words from “or the caution” to the end. In section 6C, subsection (4)(a)(ii) and the preceding “or”. In sections 8(8)(a) and 9(8)(a), “or M being cautioned in relation to the offence to which the old agreement relates”. In section 13, the definition of “cautioned”. State Pension Credit Act 2002 (c. 16) In Schedule 2, paragraph 49. Tax Credits Act 2002 (c. 21) In section 36A (as inserted by section 120 of this Act)— in subsection (7)(c) “or (c)”; in subsection (10), in the definition of “disqualifying event”, paragraph (c). In section 36B (as so inserted), subsection (4)(a)(ii) and the preceding “or“. In section 67, the definition of “cautioned”. Welfare Reform Act 2012 (c. 5) Section 120(5).
Short title and chapter Extent of repeal Social Security Administration Act 1992 (c. 5) In section 121E— in subsections (2) and (2ZA), the words “subject to subsection (2A),”, “social security,” and “or employment or training”; subsection (2A). In section 121F— in subsections (1) and (1A), the words “social security,” and “or employment or training”; in subsection (2), “(subject to subsection (2A))”; subsection (2A). Sections 122 and 122ZA. Finance Act 1997 (c. 16) Section 110. Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) In Schedule 6, paragraphs 2 and 10. Tax Credits Act 2002 (c. 21). In Schedule 5— in paragraph 4(2) “social security or”; paragraph 4(3) in paragraph 4(3A) “social security,”; in paragraph 4(3B), “social security or”; in paragraph 4(4), “(3) and”; in paragraph 6(1), “social security,”; in paragraph 6(1A), “social security,” in paragraph 6(3) “social security or”; paragraph 12(a). Employment Act 2002 (c. 22) In Schedule 6, paragraphs 5, 6, 11(b) and 13(b) and (c). In Schedule 7, paragraph 50. Commissioners for Revenue and Customs Act 2005 (c. 11) In Schedule 4, paragraph 45. Work and Families Act 2006 (c. 18) In Schedule 1, paragraph 45. Welfare Reform Act 2007 (c. 5) In Schedule 3, paragraph 10(13). Child Maintenance and Other Payments Act 2008 (c. 6) In Schedule 7, paragraph 2(4) and (6).
Short title and chapter Extent of repeal Pension Schemes Act 1993 (c. 48) In section 171A— in subsection (2), paragraph (b) and the preceding “or”; in subsection (3), “, or annexed to,”. Child Maintenance and Other Payments Act 2008 (c. 6) In Schedule 7, paragraph 3(3).
In section 29 (general interpretation), in the definition of “benefit”, after “means” there is inserted “ universal credit ”.
Section 1 (entitlement to benefit dependent on claim) is amended as follows. In subsection (3)— In subsection (4), after paragraph (ac) there is inserted—
In the table in Schedule 2 (calculation of compensation payment), in the section relating to compensation for earnings lost during the relevant period, at the top of the second column insert “ Universal credit ”.
In section 5(2) (regulations about claims for and payments of benefit), after paragraph (ac) there is inserted—.
In section 71(11) (overpayments), after paragraph (ac) there is inserted—.
In section 73 (overlapping benefits - general), after subsection (5) there is inserted—
In section 121DA (interpretation of Part 6), in subsection (1), after paragraph (hj) (inserted by Schedule 2 to this Act) there is inserted—.
In section 122B (supply of other government information for fraud prevention and verification), in subsection (3)(b), after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.
In section 122C (supply of information to authorities administering benefit), in subsection (6)(b), after “Welfare Reform Act 2007” there is inserted “ , Part 4 of the Welfare Reform Act 2012 ”.
In section 124 (age, death and marriage), in subsection (1), after paragraph (ad) (inserted by Schedule 2 to this Act) there is inserted—.
In section 125 (regulations as to notification of deaths), in subsection (1), after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.
In section 150 (uprating)—
in subsection (1), after paragraph (n) (inserted by Schedule 2 to this Act) there is inserted—;
in subsection (3)(b), for “or (g)” there is substituted “ , (g) or (o) ”.
In section 159 (effect of alteration in the component rates of income support), in subsection (5), in the definition of “benefit income”, after “income support;” there is inserted—.
In section 159A (effect of alteration of rates of a jobseeker's allowance), in subsection (5), in the definition of “benefit income”, after “Contributions and Benefits Act;” there is inserted—.
In section 159B (effect of alterations affecting state pension credit), in subsection (6), in the definition of “benefit income”, after “Contributions and Benefits Act” there is inserted “ or personal independence payment ”.
In section 159C (effect of alteration of rates of an employment and support allowance), in subsection (6), in the definition of “benefit income”, after “Contributions and Benefits Act” there is inserted “ or personal independence payment ”.
In section 160 (implementation of increases in income support due to attainment of particular ages), in subsection (3), after “entitlement to” there is inserted “personal independence payment or to“.
In section 160A (implementation of increases in income-based jobseeker's allowance due to attainment of particular ages), in subsection (3), after “Contributions and Benefits Act;” there is inserted—.
In section 160B (implementation of increases in employment and support allowance due to attainment of particular ages), in subsection (3), for the words from “a benefit” to the end there is substituted—
In section 165 (adjustments between National Insurance Fund and Consolidated Fund), in subsection (1)(a)(iii), after “universal credit” (inserted by Schedule 2 to this Act) there is inserted “, personal independence payment”.
In section 170 (Social Security Advisory Committee), in subsection (5)—
Part 4 of that Act;
in the definition of “the relevant Northern Ireland enactments”, after paragraph (ak) (inserted by Schedule 2 to this Act) there is inserted—.
Section 179 (reciprocal agreements) is amended as follows. In subsection (3)(a), after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”. In subsection (4), after paragraph (ag) (inserted by Schedule 2 to this Act) there is inserted—.
In section 180 (payment of travelling expenses), in paragraphs (a) and (b)(i), after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.
In section 182B (information about postal redirection), in subsection (5)(b), after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.
In section 184 (control of pneumoconiosis), in paragraph (c), for “benefit as defined in section 122 of the Contributions and Benefits Act” there is substituted “personal independence payment, or benefit as defined in section 122 of the Contributions and Benefits Act,“.
In section 187 (inalienability), in subsection (1), after paragraph (ac) there is inserted—.
In section 191 (interpretation), in the definition of “benefit”, for “, state pension credit and an employment and support allowance” there is substituted “ state pension credit, an employment and support allowance and personal independence payment ”.
In Schedule 7 (regulations not requiring prior submission to Social Security Advisory Committee), before paragraph 1 there is inserted—
In section 69 of the Child Support, Pensions and Social Security Act 2000, in subsection (1)(a), after “both” there is inserted “ , universal credit ”.
In Schedule 1 to the Welfare Reform Act 2007 (employment and support allowance: additional conditions), in paragraph 1(5), before paragraph (a) there is inserted—.
Regulations may make provision as to the amount payable by way of a relevant benefit where a person is entitled to that benefit and universal credit. Regulations under sub-paragraph (1) may in particular provide for no amount to be payable by way of a relevant benefit. Regulations may, where a person is entitled to a relevant benefit and universal credit— Provision under sub-paragraph (3)(a) includes in particular— Provision under sub-paragraph (3)(b) includes in particular—
In section 4 of the Jobseekers Act 1995 (amount payable by way of a jobseeker's allowance), in subsection (1)(b)—
after “making” there is inserted—;
“earnings,”(before “pension payments“) is repealed.
In section 70 of the Transport Act 1982 (payments in respect of applicants for exemption from wearing seat belts), in subsection (2), after paragraph (a) there is inserted—.
The Social Security Act 1998 is amended as follows.
The Social Security (Recovery of Benefits) Act 1997 is amended as follows.
Section 10 of the Social Security Act 1998 (decisions superseding earlier decisions) is amended as follows. In subsection (1), the “and” at the end of paragraph (a) is repealed and after that paragraph there is inserted—. After subsection (6) there is inserted—
a local authority in Scotland,
Section 2 of the Welfare Reform Act 2007 (amount of contributory allowance) is amended as follows. In subsection (1)(c), after “making” there is inserted—. At the end there is inserted—
In section 2(2) (use of computers), after paragraph (k) (inserted by Schedule 2 to this Act) there is insertedor
Section 11 (appeals against certificates) is amended as follows. After subsection (2) there is inserted— In subsection (5)(c) after “any such appeal“ there is inserted “(or, where in accordance with regulations under subsection (2A) there is no right of appeal, any purported appeal)”.
In section 8 (decisions by Secretary of State)—
in subsection (3), after paragraph (ba) there is inserted—;
in subsection (4), after the words “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “or Part 4 of that Act.”
Section 30 of that Act (regulations and orders) is amended as follows. In subsection (2) after “regulations under section” there is inserted “ 11(2A) or ”. After that subsection there is inserted—
In section 11(3) (regulations with respect to decisions), in the definition of “current legislation”, after the words “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “and Part 4 of that Act”.
In section 27(7) (restriction on entitlement in cases of error), in the definition of “benefit”—
after paragraph (de) there is inserted—;
in paragraph (e) for “to (de)” there is substituted “ to (df) ”.
In section 28(3) (correction of errors in decisions etc), after paragraph (h) (inserted by Schedule 2 to this Act) there is insertedor
In Schedule 3 (decisions against which an appeal lies), in paragraph 3—
in paragraph (f), the final “or” is repealed;
after paragraph (g) there is inserted—
In section 5A(3) of the Ministers of the Crown Act 1975, for “section 5(1)” there is substituted “section 5(1)(a) or (b)“.
This subsection applies to information which is held for the purposes of any HMRC functions—
by the Commissioners for Her Majesty's Revenue and Customs, or
by a person providing services to them.
Information to which subsection (1) applies may be supplied— for use for the purposes of departmental functions.
to the Secretary of State, or to a person providing services to the Secretary of State, or
to a Northern Ireland Department, or to a person providing services to a Northern Ireland Department,
This subsection applies to information which is held for the purposes of any departmental functions—
by the Secretary of State, or by a person providing services to the Secretary of State, or
by a Northern Ireland Department, or by a person providing services to a Northern Ireland Department.
Information to which subsection (1) applies may be supplied to the Scottish Ministers for use in connection with any arrangements made by them under section 2 of the Employment and Training Act 1973 by virtue of article 2(1) of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2020.
Information to which subsection (3) applies may be supplied— for use for the purposes of HMRC functions.
to the Commissioners for Her Majesty's Revenue and Customs, or
to a person providing services to them,
Information supplied under this section must not be supplied by the recipient of the information to any other person or body without—
the authority of the Commissioners for Her Majesty's Revenue and Customs, in the case of information supplied under subsection (2) or (2A);
the authority of the Secretary of State, in the case of information held as mentioned in subsection (3)(a) and supplied under subsection (4);
the authority of the relevant Northern Ireland Department, in the case of information held as mentioned in subsection (3)(b) and supplied under subsection (4).
Where information supplied under this section has been used for the purposes for which it was supplied, it is lawful for it to be used for any purposes for which information held for those purposes could be used.
In this section—
For the purposes of this section any reference to functions relating to social security includes a reference to functions relating to—
statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits Act 1992;
maternity allowance under section 35 of that Act;
statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
maternity allowance under section 35 or 35B of that Act.
This section does not limit the circumstances in which information may be supplied apart from this section.
In section 3 of the Social Security Act 1998 (use of information), in subsection (1A), after paragraph (d) there is inserted—
The Secretary of State may supply social security information or child support information to a person specified in subsection (2) for use for a purpose specified in subsection (3).
The persons referred to in subsection (1) are—
the Director of Public Prosecutions;
a person appointed under section 5 of the Prosecution of Offences Act 1985 (conduct of prosecutions on behalf of Crown Prosecution Service).
The purposes referred to in subsection (1) are—
the institution or conduct of criminal proceedings which relate wholly or partly to social security matters or child support;
the giving of advice to any person on any matter relating to criminal proceedings, or criminal offences, which relate wholly or partly to social security matters or child support;
the exercise in relation to social security matters or child support of functions assigned to the Director of Public Prosecutions under section 3(2)(g) of the Prosecution of Offences Act 1985;
the exercise of functions of the Director of Public Prosecutions under Part 2, 5 or 8 of the Proceeds of Crime Act 2002.
The reference in subsection (1) to the Secretary of State includes a person providing services to the Secretary of State.
This section does not limit the circumstances in which information may be supplied apart from this section.
In this section—
A person to whom information is supplied under section 128, or an employee or former employee of such a person, may not disclose the information if it relates to a particular person.
Subsection (1) does not apply to—
a disclosure of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it;
a disclosure made for the purposes of a function of the Director of Public Prosecutions, where the disclosure does not contravene any restriction imposed by the Director;
a disclosure made to the Secretary of State, or a person providing services to the Secretary of State, for the purposes of the exercise of functions relating to social security matters (within the meaning of section 128) or child support;
a disclosure made for the purposes of a criminal investigation or criminal proceedings (whether or not in the United Kingdom);
a disclosure made for the purposes of—
the exercise of any functions of the prosecutor under Parts 2, 3 and 4 of the Proceeds of Crime Act 2002;
the exercise of any functions of the Serious Organised Crime Agency under that Act;
the exercise of any functions of the Director of the Serious Fraud Office, the Director of Public Prosecutions for Northern Ireland or the Scottish Ministers under, or in relation to, Part 5 or 8 of that Act;
investigations or proceedings outside the United Kingdom which have led or may lead to the making of an external order within the meaning of section 447 of that Act;
a disclosure made to a person exercising public functions of law enforcement for the purposes of the exercise of those functions in civil proceedings;
a disclosure which in the opinion of the Director of Public Prosecutions is desirable for the purpose of safeguarding national security;
a disclosure made in pursuance of an order of a court;
a disclosure made with the consent of each person to whom the information relates.
Subsection (1) does not apply in relation to information relating to schemes and arrangements under section 2 of the Employment and Training Act 1973.
Subsection (1) is subject to any other Act or to an instrument made under an Act.
A person who contravenes subsection (1) commits an offence.
It is a defence for a person charged with an offence under this section of disclosing information to prove that he or she reasonably believed—
that the disclosure was lawful, or
that the information had already and lawfully been made available to the public.
A person guilty of an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both, or
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine not exceeding the statutory maximum or both.
A prosecution for an offence under this section may be instituted only with the consent of the Director of Public Prosecutions.
In relation to an offence under this section committed before 2 May 2022, the reference in subsection (7)(b) to the general limit in a magistrates’ court shall have effect as if it were a reference to six months.
This section applies where a local authority holds information falling within subsection (2) in relation to a person who is receiving or is likely to receive a relevant service.
The information referred to in subsection (1) is—
information as to the fact of the provision or likely provision of the service;
information about when the provision of the service begins or ends or is likely to do so;
other prescribed information relating to the service provided and how it is funded (including the extent to which it is funded by the recipient).
In this section “relevant service means—
a service consisting of overnight care in the individual's own home provided by or on behalf of a local authority;
a residential care service provided by or on behalf of a local authority;
a service consisting of overnight hospital accommodation.
In subsection (3)(c) “hospital accommodation” means—
in relation to England, hospital accommodation within the meaning of the National Health Service Act 2006 which is provided by ... an NHS trust or an NHS foundation trust;
in relation to Wales, hospital accommodation within the meaning of the National Health Service (Wales) Act 2006 which is provided by a Local Health Board or an NHS trust;
in relation to Scotland, hospital accommodation within the meaning of the National Health Service (Scotland) Act 1978 which is provided by a Health Board or Special Health Board but excluding accommodation in an institution for providing dental treatment maintained in connection with a dental school.
The local authority may—
itself use the information for purposes relating to the payment of a relevant benefit to the individual, or
supply the information to a person specified in subsection (6) for those purposes.
The persons referred to in subsection (5) are—
the Secretary of State;
a person providing services to the Secretary of State;
a local authority;
a person authorised to exercise any function of a local authority relating to a relevant benefit;
a person providing services relating to a relevant benefit to a local authority.
In this section “relevant benefit“ means—
universal credit;
housing benefit;
council tax benefit;
any prescribed benefit.
Regulations under subsection (7)(d) may not prescribe a benefit provision for which is within the legislative competence of the Scottish Parliament.
The Secretary of State, or a person providing services to the Secretary of State, may supply relevant information to a qualifying person for prescribed purposes relating to welfare services or council tax.
A qualifying person who holds relevant information for a prescribed purpose relating to welfare services may supply that information to— for a prescribed purpose relating to a relevant social security benefit.
the Secretary of State, or
a person providing services to the Secretary of State,
A qualifying person who holds relevant information for a prescribed purpose relating to welfare services, council tax or housing benefit may—
use the information for another prescribed purpose relating to welfare services, council tax or housing benefit;
supply it to another qualifying person for use in relation to the same or another prescribed purpose relating to welfare services, council tax or housing benefit.
Relevant information supplied under subsection (1) or (3) to a qualifying person may be supplied by that person to a person who provides qualifying welfare services for purposes connected with the provision of those services.
In subsection (4) services are qualifying welfare services if— contributes or will contribute to the expenditure incurred in their provision.
a local authority, or
a person who is a qualifying person by virtue of subsection (11) (g),
The Secretary of State may not exercise the power in subsection (3) to prescribe purposes for which information may be supplied by a qualifying person so as to prescribe an excepted purpose in relation to excepted information held by a Welsh body.
In subsection (6)—
excepted information is information held by the Welsh body that—
is not supplied by, or derived from information supplied to another person by, the Secretary of State or a person providing services to the Secretary of State or a person engaged in the administration of housing benefit, and
is held only for an excepted purpose;
an excepted purpose is a purpose relating to a matter provision for which—
is within the legislative competence of the National Assembly for Wales, or
is made by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.
The Secretary of State may not exercise the power in subsection (3) to prescribe purposes for which information may be supplied by a qualifying person so as to prescribe an excepted purpose in relation to excepted information held by a Scottish body.
In subsection (8)—
excepted information is information held by the Scottish body that—
is not supplied by, or derived from information supplied to another person by, the Secretary of State or a person providing services to the Secretary of State or a person engaged in the administration of housing benefit, and
is held only for an excepted purpose;
an excepted purpose is a purpose relating to a matter provision for which is within the legislative competence of the Scottish Parliament.
Subsections (1) to (4) do not apply in a case where the supply or use of information is authorised by section 130.
In this section “qualifying person“ means—
a local authority;
a person authorised to exercise any function of such an authority relating to welfare services or council tax;
a person providing services to a local authority relating to welfare services or council tax;
an authority which administers housing benefit;
a person authorised to exercise any function of such an authority relating to housing benefit;
a person providing to such an authority services relating to housing benefit; or
a person prescribed or of a description prescribed by the Secretary of State.
In this section—
A person to whom subsection (2) applies is guilty of an offence if the person discloses without lawful authority any information—
which comes to the person by virtue of section 131(1), (3) or (4), and
which relates to a particular person.
This subsection applies to—
a person mentioned in section 131(11) (a) to (c);
a person who provides qualifying welfare services (within the meaning of section 131);
a person who is or has been a director, member of the committee of management, manager, secretary or other similar officer of a person mentioned in paragraph (a) or (b);
a person who is or has been an employee of a person mentioned in paragraph (a) or (b).
A person guilty of an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both, or
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine not exceeding the statutory maximum or both.
It is not an offence under this section—
to disclose information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it;
to disclose information which has previously been disclosed to the public with lawful authority.
It is a defence for a person (“D”) charged with an offence under this section to prove that at the time of the alleged offence—
D believed that D was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise, or
D believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.
A disclosure is made with lawful authority if it is so made for the purposes of section 123 of the Social Security Administration Act 1992.
This section does not affect that section.
Regulations under section 131(11) (g) may include provision for applying the provisions of this section to—
a person who is a qualifying person within the meaning of section 131 by virtue of the regulations, or
a person associated with such a qualifying person by reason of the person's office or employment or otherwise.
In relation to an offence under this section committed in England and Wales before 2 May 2022 the reference in subsection (3) (b) to the general limit in a magistrates’ court must be taken to be a reference to six months.
In sections 130 and 131—
Any power to make regulations under sections 130 and 131 includes power—
to make different provision for different purposes, cases and areas;
to make such incidental, supplemental, consequential, transitional or saving provision as the Secretary of State thinks necessary or expedient.
Regulations under sections 130 and 131 must be made by statutory instrument.
A statutory instrument containing regulations under section 130 or 131 is subject to annulment in pursuance of a resolution of either House of Parliament.
Until the coming into force of provision for identifying eligible parish councils within the meaning of Chapter 1 of Part 1 of the Localism Act 2011, the reference in subsection (1) to an eligible parish council within the meaning of that Chapter is to be read as a reference to an eligible parish council within the meaning of Part 1 of the Local Government Act 2000.
The following are repealed—
sections 42 and 43 of the Welfare Reform Act 2007;
section 69(2)(a) of that Act.
Section 72 of the Welfare Reform and Pensions Act 1999 (supply of information for certain purposes) is amended as follows.
In subsection (2)(b), after “designated“ there is inserted “(specifically or by description)”.
The following are repealed—
in subsection (6), the words “(subject to subsection (6A))”;
subsection (6A).
In Schedule 1 to the Education and Skills Act 2008, paragraph 74(3) and (4) is repealed.
In the Registration Service Act 1953, after section 19 there is inserted—
In section 9 of the Child Support Act 1991 (maintenance agreements), after subsection (2) there is inserted—
The Secretary of State may before accepting an application required by provision under sub-paragraph (2)(b) invite the applicant to consider with the Secretary of State whether it is possible to make a maintenance agreement (within the meaning of section 9 of the Child Support Act 1991).
The Child Support Act 1991 is amended as follows.
In section 4 (child support maintenance)—
in subsection (2), the words from “or“ to “made” are repealed;
after subsection (2) there is inserted—
In section 7 (right of child in Scotland to apply for calculation)—
in subsection (3), for the words from “person with care” to “made or” there is substituted “ person with care or ”;
after subsection (3) there is inserted—
In section 29 (collection of child support maintenance), in subsection (1), after “may” there is inserted “ (subject to section 4(2A) and 7(3A)) ”.
After section 9 of the Child Support Act 1991 there is inserted—
In section 43 of the Child Support Act 1991 (as substituted by the Child Support, Pensions and Social Security Act 2000), for subsections (1) and (2) there is substituted—
In section 6 of the Child Maintenance and Other Payments Act 2008 (fees), in subsection (2)—
in paragraph (d), at the end there is inserted “”; “(including provision for the apportionment of fees and the matters to be taken into account in determining an apportionment)”
in paragraph (g), “waiver” is repealed;
after paragraph (g) there is inserted—
In section 6 of the Child Maintenance and Other Payments Act 2008 (fees), after subsection (3) there is inserted—
In the Insolvency Act 1986, in section 382 (meaning of “bankruptcy debt” etc), at the end there is inserted—
In the heading to that section, after “bankruptcy debt” there is substituted “ , “liability” ”.
Section 81 of the Social Security Act 1998 (reports by Secretary of State and Child Maintenance and Enforcement Commission) is repealed.
In the Employment and Training Act 1973, after section 2 (duty of Secretary of State to make arrangements for assisting persons to find employment etc) there is inserted—
Schedule 13 amends the Child Poverty Act 2010 for the purpose of establishing the Social Mobility and Child Poverty Commission.
Section 9 of the Child Poverty Act 2010 (UK strategies) is amended as follows.
In subsection (7)(a)(i)—
for “progress” there is substituted “ measures ”;
for “needs to be made” there is substituted “ need to be taken ”.
In subsection (7)(a)(ii)—
for “progress” there is substituted “ measures ”;
for “intends to make” there is substituted “ proposes to take ”;
for “in achieving” there is substituted “ to achieve ”.
In subsection (7)(b)—
for “progress” there is substituted “ measures (other than those described under paragraph (a)) ”;
for “intends to make” there is substituted “ proposes to take ”;
for “in achieving” there is substituted “ to achieve ”;
the words from “otherwise than” to the end are repealed.
In subsection (8), for paragraphs (b) and (c) there is substituted “and
Schedule 14 contains consequential repeals.
There shall be paid out of money provided by Parliament—
sums paid by the Secretary of State by way of universal credit or personal independence payment;
any other expenditure incurred in consequence of this Act by a Minister of the Crown or the Commissioners for Her Majesty's Revenue and Customs;
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
This Act extends to England and Wales and Scotland only, subject as follows.
The following provisions extend to England and Wales, Scotland and Northern Ireland—
section 32 (power to make consequential and supplementary provision: universal credit);
section 33 (abolition of benefits);
section 76 (calculation of working tax credit);
section 92 (power to make consequential and supplementary provision: personal independence payment);
section 126(1) to (13) (tax credits: transfer of functions etc);
section 127(1) to (9) (information-sharing between Secretary of State and HMRC);
this Part, excluding Schedule 14 (repeals).
Sections 128 and 129 extend to England and Wales only.
Any amendment or repeal made by this Act has the same extent as the enactment to which it relates.
The following provisions of this Act come into force on the day on which it is passed—
section 76 (calculation of working tax credit);
section 103 and Schedule 12 (supersession of decisions of former appellate bodies) (but see section 103(2));
section 108 (application of Limitation Act 1980) (but see section 108(4));
section 109 (recovery of fines etc by deductions from employment and support allowance) (but see section 109(3));
section 126 (tax credits: transfer of functions etc);
this Part, excluding Schedule 14 (repeals).
The following provisions of this Act come into force at the end of the period of two months beginning with the day on which it is passed—
section 50 (dual entitlement to employment and support allowance and jobseeker's allowance);
section 60 and Part 6 of Schedule 14 (claimants dependent on drugs etc);
sections 71 and 72 (social fund: purposes of discretionary payments and determination of amount or value of budgeting loan);
section 107 (recovery of child benefit and guardian's allowance);
section 111 (time limit for legal proceedings);
section 127 and Part 13 of Schedule 14 (information-sharing between Secretary of State and HMRC);
section 134 (information-sharing for social security or employment purposes etc);
section 135 (functions of registration service);
section 142 (exclusion of child support maintenance from individual voluntary arrangements);
section 145 and Schedule 13 (Social Mobility and Child Poverty Commission);
Part 2 of Schedule 14 (entitlement to jobseeker's allowance without seeking employment).
The remaining provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
An order under subsection (3) may—
appoint different days for different purposes;
appoint different days for different areas in relation to—
any provision of Part 1 (universal credit) or of Part 1 of Schedule 14;
section 61 or 62 (entitlement to work: jobseeker's allowance and employment and support allowance);
any provision of Part 4 (personal independence payment) or of Part 9 of Schedule 14;
section 102 (consideration of revision before appeal);
make such transitory or transitional provision, or savings, as the Secretary of State considers necessary or expedient.
This Act may be cited as the Welfare Reform Act 2012.