Welfare Reform Act 2007
An allowance, to be known as an employment and support allowance, shall be payable in accordance with the provisions of this Part.
Subject to the provisions of this Part, a claimant is entitled to an employment and support allowance if he satisfies the basic conditions and either—
the first and the second conditions set out in Part 1 of Schedule 1 (conditions relating to national insurance) or the third condition set out in that Part of that Schedule (condition relating to youth), or
the conditions set out in Part 2 of that Schedule (conditions relating to financial position).
The basic conditions are that the claimant—
has limited capability for work,
is at least 16 years old,
has accepted a claimant commitment,
has not reached pensionable age,
is in Great Britain, and
is not entitled to income support, and
is not entitled to a jobseeker's allowance (and is not a member of a couple who are entitled to a joint-claim jobseeker's allowance).
For the purposes of this Part, a person has limited capability for work if—
his capability for work is limited by his physical or mental condition, and
the limitation is such that it is not reasonable to require him to work.
After the coming into force of this subsection no claim may be made for an employment and support allowance by virtue of the third condition set out in Part 1 of Schedule 1 (youth).
An employment and support allowance is payable in respect of a week.
In subsection (3)—
“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);
in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
The Contributions and Benefits Act is amended as follows. In section 123(4) (income-related benefits), for the words before paragraph (a) substitute “Each billing authority and in Scotland each local authority”. In section 130(2) (housing benefit: qualifying payments), for paragraph (a) substitute—. “local authority” in relation to Scotland means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
In section 122(5) of the Housing Act 1996 for “regulations or order as are mentioned in subsection (3) or (4)” substitute “order as is mentioned in subsection (4)”.
The Administration Act is amended as follows. In section 2AA(2) (benefits to which section applies), for paragraph (e) substitute— In section 123 (unauthorised disclosure of information relating to particular persons), in subsection (6A), for “medical practitioner” substitute “health care professional”. In section 168 (allocations from social fund), in subsection (5) (power to give directions with respect to the control and management of social fund allocations to particular officers or groups of officers), for “the amounts allocated to them” substitute “any amounts allocated to them”. In subsection (6) of that section (definition of “appropriate officer”), for “payments from the social fund such as are mentioned in section 138(1)(b) of the Contributions and Benefits Act” substitute “section 138(1)(b) payments”.
Regulations may make such provision as the Secretary of State considers necessary or expedient— The following provisions of this Schedule are not to be taken as prejudicing the generality of sub-paragraph (1).
Regulations may—
make provision for an employment and support allowance of such a kind as the regulations may provide to be awarded in prescribed circumstances for a period before the appointed day;
make provision with respect to conditions of entitlement in relation to an award under sub-paragraph (a) and the amount payable by way of an allowance under such an award.
Regulations may— In this paragraph “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).
Regulations may make provision for the purposes of this Part as to the circumstances in which a person is to be treated as being, or not being, in Great Britain.
Regulations may provide that in prescribed circumstances a claimant who is entitled to an income-related allowance immediately before ceasing to be in Great Britain continues to be entitled to such an allowance after ceasing to be in Great Britain. Regulations may modify any provision of this Part, so far as relating to an income-related allowance, in its application to a person who is entitled to such an allowance by virtue of regulations under sub-paragraph (1). Regulations under sub-paragraph (2) may, in particular, provide—
Regulations may provide for— to be treated, for prescribed purposes of the Contributions and Benefits Act, as a benefit, or a benefit of a prescribed description.
an employment and support allowance,
a contributory allowance, or
an income-related allowance,
This Part shall have effect with prescribed modifications in relation to cases where a claim to an employment and support allowance is by virtue of regulations under section 5(1)(c) of the Administration Act (advance claims) made, or treated as if made, for a period wholly or partly after the date on which it is made.
The Legal Aid (Scotland) Act 1986 is amended as follows. In section 8(b) (under which persons in receipt of certain benefits are eligible for advice and assistance), for the words from second “or” to the end substitute “, an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995) or an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance),”. In section 11(2)(b) (under which persons not in receipt of certain benefits are liable to contribute to the cost of advice and assistance), for the words from second “or” to the end substitute “, an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995) or an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance),”.
The Child Support Act 1991 is amended as follows. In section 6 as amended by the Child Support, Pensions and Social Security Act 2000 (c. 19) (applications by those claiming or receiving benefit), in subsection (1), after “income-based jobseeker’s allowance” insert “, an income-related employment and support allowance”. In that section as it has effect apart from the Child Support, Pensions and Social Security Act 2000 (applications by those receiving benefit), in subsection (1), after “income-based jobseeker’s allowance” insert “, an income-related employment and support allowance”. In section 46 as amended by the Child Support, Pensions and Social Security Act 2000 (reduced benefit decisions), in subsection (10)(c) (definition of “relevant benefit”), for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance, an income-related employment and support allowance”. In that section as it has effect apart from the Child Support, Pensions and Social Security Act 2000 (failure to comply with obligations imposed by section 6), in subsection (11), in the definition of “relevant benefit”, after “income-based jobseeker’s allowance” insert “, an income-related employment and support allowance”. In section 47(3)(b) (persons to be exempted from payment of fees), after “income-based jobseeker’s allowance,” insert “an income-related employment and support allowance,”. “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance); In Part 1 of Schedule 1 as it has effect apart from the Child Support, Pensions and Social Security Act 2000 (calculation of child support maintenance), in paragraph 5(4) (parents who are to be taken to have no assessable calculable income), after “income-based jobseeker’s allowance” insert “, an income-related employment and support allowance”.
The Administration Act is amended as follows. In section 1 (entitlement to benefit dependent on claim), in subsection (4) (definition of “benefit”), after “state pension credit;” insert—. In section 2AA (full entitlement to certain benefits conditional on work-focused interview for partner) in subsection (2) (benefits to which section applies), at the end insert; and In section 5 (regulations about claims for and payments of benefit), in subsection (2) (benefits to which section applies), after paragraph (ab) insert—. In section 15A (payment out of benefit of sums in respect of mortgage interest etc.)— In section 71 (overpayments), in subsection (11) (benefits to which section applies), after paragraph (ab) insert—. In section 73 (overlapping benefits)— In section 74 (income support and other payments)— In section 74A (payment of benefit where maintenance payments collected by Secretary of State), in subsection (7) (benefits to which section applies), after “an income-based jobseeker’s allowance” insert “, an income-related employment and support allowance”. In section 105 (failure to maintain)— In section 109(1) (diversion of arrested earnings to the Secretary of State_Scotland), after “income support”, in both places, insert “or an income-related employment and support allowance”. In section 121DA (interpretation of Part 6), in subsection (1) (definition of “relevant social security legislation”), after paragraph (hh) insert—. In section 122ZA (supply of tax information to assess certain employment or training schemes), in subsection (6)(b), after “the Jobseekers Act 1995 (c. 18)” insert “, Part 1 of the Welfare Reform Act 2007”. In section 122B (supply of other government information for fraud prevention and verification), in subsection (3)(b), after “the Jobseekers Act 1995” insert “, Part 1 of the Welfare Reform Act 2007”. In section 122C (supply of information to authorities administering benefit), in subsection (6)(b), after “the Jobseekers Act 1995” insert “, Part 1 of the Welfare Reform Act 2007”. In section 124 (provisions relating to age, death and marriage), in subsection (1), before “and” at the end of paragraph (ab) insert—. In section 125 (regulations as to notification of death), in subsection (1), after “the State Pension Credit Act 2002” insert “, Part 1 of the Welfare Reform Act 2007”. In section 126 (personal representatives to give information about the estate of a deceased person who was in receipt of certain benefits), in subsection (1), after “state pension credit” insert “, an income-related employment and support allowance”. In section 130 (duties of employers: statutory sick pay), in subsection (1) (power to require employer to supply information in connection with making of claim for certain benefits by employee), at the end insert— In section 132 (power to require employers to provide information in connection with claims to certain benefits), in subsection (1), after paragraph (a) insert—. In section 150 (annual up-rating of benefits)— In section 159B (effect of alterations affecting state pension credit)— After section 159B insert— After section 160A insert— In section 164 (destination of repayments), in subsection (1), after “section 38 of the Jobseekers Act 1995” insert “, section 27 of the Welfare Reform Act 2007”. In section 165(6)(a) (under which no adjustment between the National Insurance Fund and the Consolidated Fund is required for administrative expenses of the Secretary of State relating to benefits payable out of money provided by Parliament), for “or section 20 of the State Pension Credit Act 2002” substitute “, section 20 of the State Pension Credit Act 2002 or section 27 of the Welfare Reform Act 2007”. In section 166 (financial review and report), in subsection (2) (duty at end of each review period to review operation of certain provisions)— In section 170 (Social Security Advisory Committee), in subsection (5)— In section 179 (reciprocal agreements with countries outside the United Kingdom)— In section 180 (payment of travelling expenses by Secretary of State), after “the State Pension Credit Act 2002”, in both places, insert “, Part 1 of the Welfare Reform Act 2007”. In section 187 (certain benefits to be inalienable), in subsection (1), after paragraph (ab) insert—. In section 191 (general interpretation)—
In Schedule 4 to the Pensions Act 1995 (equalisation of pensionable ages for men and women), in paragraph 1 (enactments for the purposes of which the rules for determining pensionable age apply) for “and the State Pension Credit Act 2002” substitute “, the State Pension Credit Act 2002 and Part 1 of the Welfare Reform Act 2007”.
The Education Act 1996 is amended as follows. In section 457 (charges and remissions policies), in subsection (4)(b) (cases where receipt of benefit by pupil’s parent to give rise to remission), after sub-paragraph (ii) insert—. In section 512ZB (provision of free school lunches and milk), in subsection (4) (eligibility for free lunches), in paragraphs (a) and (b), after sub-paragraph (ii) insert—. “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);
In section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits), in subsection (1) (benefits to which entitlement excluded), after “State Pension Credit Act 2002” insert “or to income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance)”.
The Adults with Incapacity (Scotland) Act 2000 is amended as follows. In section 39(1)(a) (which excepts from matters which may be managed those relating to benefit under the Contributions and Benefits Act), at the end insert “or Part 1 of the Welfare Reform Act 2007”. In section 41(a) (duties of managers in relation to matters which may be managed), at the end insert “or Part 1 of the Welfare Reform Act 2007”.
In this Schedule—
Regulations may prescribe circumstances in which a person who is entitled to a transitional allowance immediately before reaching pensionable age is to be treated as having satisfied the condition in paragraph 5(2) of Schedule 3 to the Contributions and Benefits Act (first contribution condition for entitlement to state pension). In this paragraph, “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26).
section 1 of the Administration Act (entitlement dependent on making of claim), and
“local authority” means—
In this Part—
“PPF periodic payment” means—
“period of limited capability for work” has the meaning prescribed for the purposes of this Part;
“regulations” means regulations made by the Secretary of State;
In subsection (3)(f), in relation to a contributory allowance, the reference to a couple entitled to a joint-claim jobseeker's allowance does not include a couple so entitled by virtue of regulations under paragraph 8A of Schedule 1 to the Jobseekers Act 1995.
In the case of a contributory allowance, the amount payable The amount payable by way of an employment and support allowance in respect of a claimant shall be calculated by—
taking such amount as may be prescribed,
if in his case the conditions of entitlement to the support component ... are satisfied, adding the amount of that component, and
making prescribed deductions in respect of any payments to which section 3 applies.
The conditions of entitlement to the support component are—
that the assessment phase has ended,
that the claimant has limited capability for work-related activity, and
that such other conditions as may be prescribed are satisfied.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
that the assessment phase has ended,
that the claimant does not have limited capability for work-related activity, and
that such other conditions as may be prescribed are satisfied.
Regulations may—
prescribe circumstances in which paragraph (a) of subsection (2) ... is not to apply;
prescribe circumstances in which entitlement under subsection (2) ... is to be backdated;
make provision about the amount of the component under subsection (2) ....
For the purposes of this Part, a person has limited capability for work-related activity if—
his capability for work-related activity is limited by his physical or mental condition, and
the limitation is such that it is not reasonable to require him to undertake such activity.
The period for which a person is entitled to a contributory allowance an employment and support allowance by virtue of the first and second conditions set out in Part 1 of Schedule 1 shall not exceed, in the aggregate, the relevant maximum number of days in any period for which his entitlement is established by reference (under the second condition set out in Part 1 of Schedule 1) to the same two tax years.
In subsection (1) the “relevant maximum number of days” is—
365 days, or
if the Secretary of State by order specifies a greater number of days, that number of days.
The fact that a person's entitlement to a contributory allowance an employment and support allowance has ceased as a result of subsection (1) does not prevent his being entitled to a further such allowance if—
he satisfies the first and second conditions set out in Part 1 of Schedule 1, and
the two tax years by reference to which he satisfies the second condition include at least one year which is later than the second of the two years by reference to which (under the second condition) his previous entitlement was established.
The period for which a person is entitled to a contributory allowance an employment and support allowance by virtue of the third condition set out in Part 1 of Schedule 1 (youth) shall not exceed—
365 days, or
if the Secretary of State by order specifies a greater number of days, that number of days.
In calculating for the purposes of subsection (1) or (4) the length of the period for which a person is entitled to a contributory allowance an employment and support allowance, the following are not to be counted—
days in which the person is a member of the support group,
days not falling within paragraph (a) in respect of which the person is entitled to the support component referred to in section 2(1)(b), and
days in the assessment phase, where the days immediately following that phase fall within paragraph (a) or (b).
In calculating for the purposes of subsection (1) or (4) the length of the period for which a person is entitled to a contributory allowance an employment and support allowance, days occurring before the coming into force of this section are to be counted (as well as those occurring afterwards).
This section applies to payments of the following kinds which are payable to the claimant—
pension payments,
PPF periodic payments, and
payments of a prescribed description made to a person who is a member of, or has been appointed to, a prescribed body carrying out public or local functions.
Regulations may—
disapply section 2(1)(c), so far as relating to pension payments or PPF periodic payments, in relation to persons of a prescribed description;
provide for pension payments or PPF periodic payments of a prescribed description to be treated for the purposes of that provision as not being payments to which this section applies;
provide for sums of a prescribed description to be treated for the purposes of this section as payable to persons as pension payments or PPF periodic payments (including, in particular, sums in relation to which there is a deferred right of receipt);
make provision for the method of determining how payments to which this section applies are, for the purposes of section 2, to be related to periods for which a person is entitled to a contributory allowance an employment and support allowance.
In this section—
For the purposes of subsection (3), “occupational pension scheme”, “personal pension scheme” and “public service pension scheme” each have the meaning given by section 1 of the Pension Schemes Act 1993 (c. 48), except that “personal pension scheme” includes— which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004 (c. 12).
an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 (c. 1), and
a substituted contract within the meaning of section 622(3) of that Act,
Where a person's entitlement to a contributory allowance an employment and support allowance has ceased as a result of section 1A (1) or (4) but— the claimant is entitled to an employment and support allowance by virtue of this section.
the person has not at any subsequent time ceased to have (or to be treated as having) limited capability for work,
the person satisfies the basic conditions, and
the person has (or is treated as having) limited capability for work-related activity,
An employment and support allowance entitlement to which is based on this section is to be regarded as a contributory allowance for the purposes of this Part.
In the case of an income-related allowance, the amount payable in respect of a claimant shall be—
if he has no income, the applicable amount;
if he has an income, the amount by which the applicable amount exceeds his income.
Subject to subsection (3), the applicable amount for the purposes of subsection (1) shall be calculated by—
taking such amount, or the aggregate of such amounts, as may be prescribed, and
if in the claimant's case the conditions of entitlement to the support component ... are satisfied, adding the amount of that component.
Regulations may provide that, in prescribed cases, the applicable amount for the purposes of subsection (1) shall be nil.
The conditions of entitlement to the support component are—
that the assessment phase has ended,
that the claimant has limited capability for work-related activity, and
that such other conditions as may be prescribed are satisfied.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
that the assessment phase has ended,
that the claimant does not have limited capability for work-related activity, and
that such other conditions as may be prescribed are satisfied.
Regulations may—
prescribe circumstances in which paragraph (a) of subsection (4) ... is not to apply;
prescribe circumstances in which entitlement under subsection (4) ... is to be backdated;
make provision about the amount of the component under subsection (4)....
This section applies to claims for an employment and support allowance by a person who—
would be entitled to an income-related allowance, but for the fact that he does not satisfy the condition in paragraph 6(1)(a) of Schedule 1,
would satisfy that condition if he were entitled to the component mentioned in section 4(4) or (5), and
is not entitled to a contributory allowance.
In relation to claims to which this section applies, section 5(1) of the Administration Act (regulations about claims for benefit) shall have effect as if—
in paragraph (d) (power to permit an award on a claim for benefit for a future period to be made subject to the condition that the claimant satisfies the requirements for entitlement when the benefit becomes payable under the award), there were inserted at the end “ and to such other conditions as may be prescribed ”, and
in paragraph (e) (power to provide for such an award to be revised or superseded under the Social Security Act 1998 (c. 14) if any of those requirements are found not to have been satisfied), for “any of those requirements” there were substituted “ any of the conditions to which the award is made subject ”.
Regulations may, in relation to claims to which this section applies, make provision enabling an award to be made on terms such that the time at which benefit becomes payable under the award is later than the start of the period for which the award is made.
This section applies where a claimant is entitled to both a contributory allowance and an income-related allowance.
If the claimant has no income, the amount payable by way of an employment and support allowance shall be the greater of—
his personal rate, and
the applicable amount.
If the claimant has an income, the amount payable by way of an employment and support allowance shall be the greater of—
his personal rate, and
the amount by which the applicable amount exceeds his income.
Where the amount payable to the claimant by way of an employment and support allowance does not exceed his personal rate, the allowance shall be treated as attributable to the claimant's entitlement to a contributory allowance.
Where the amount payable to the claimant by way of an employment and support allowance exceeds his personal rate, the allowance shall be taken to consist of two elements, namely—
an amount equal to his personal rate, and
an amount equal to the excess.
The element mentioned in subsection (5)(a) shall be treated as attributable to the claimant's entitlement to a contributory allowance.
The element mentioned in subsection (5)(b) shall be treated as attributable to the claimant's entitlement to an income-related allowance.
In this section—
“Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 (c. 4).
Section 1
any periodic compensation payment made in relation to a person, payable under the pension compensation provisions as specified in section 162(2) of the Pensions Act 2004 (c. 35) or Article 146(2) of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)) (the pension compensation provisions), and
The first condition is that— The earnings referred to in sub-paragraph (1)(c) are the aggregate of— Regulations may make provision for the purposes of sub-paragraph (2)(a) for determining the claimant's relevant earnings for the base tax year. Regulations under sub-paragraph (3) may, in particular, make provision— Regulations may— In sub-paragraph (4), “benefit” means—
The second condition is that— The earnings factor referred to in sub-paragraph (1)(b) is the aggregate of the claimant's earnings factors derived— Where primary Class 1 contributions have been paid or treated as paid on any part of a person's earnings, sub-paragraph (2)(a) shall have effect as if such contributions had been paid or treated as paid on so much of the earnings as did not exceed the upper earnings limit for the year.
For the purposes of paragraphs 1 and 2— Regulations may provide for sub-paragraph (1)(f) to have effect in prescribed circumstances with prescribed modifications in the case of—
The conditions are that the claimant— Where the claimant is a member of a couple, the income and capital of the other member of the couple shall, except in prescribed circumstances, be treated for the purpose of this paragraph as income and capital of the claimant. Regulations may prescribe circumstances in which, for the purposes of sub-paragraph (1)(e) and (f)— Regulations may— In this paragraph— .... Regulations may make provision for the preceding provisions of this paragraph to have effect with prescribed modifications in a case where— Regulations may make provision for the purposes of this paragraph as to circumstances in which people are to be treated as being or not being members of the same household.
Section 22
“the maternity pay period” has the meaning given in section 165(1) of that Act.
Regulations may make provision—
for a person to be treated in prescribed circumstances as having, or as not having, limited capability for work;
for the question of whether a person has limited capability for work to be determined notwithstanding that he is for the time being treated by virtue of regulations under sub-paragraph (a) as having limited capability for work;
for the question of whether a person has limited capability for work to be determined afresh in prescribed circumstances.
Regulations may provide for circumstances in which a period of limited capability for work which is separated from another period of limited capability for work by not more than a prescribed length of time is to be treated for the purposes of this Part as a continuation of the earlier period. Regulations may provide, in relation to periods which are linked by virtue of regulations under sub-paragraph (1), that a condition which was satisfied in relation to the earlier period is to be treated for the purposes of this Part as satisfied in relation to the later period.
Regulations may modify any provision of this Part, so far as relating to a contributory allowance, in its application to any person who is, has been, or is to be— Regulations under this paragraph may, in particular, provide— In this paragraph, “continental shelf operations” has the same meaning as in section 120 of the Contributions and Benefits Act.
Regulations may prescribe circumstances in which a person is to be treated as not entitled to an employment and support allowance because of his doing work.
Information supplied in pursuance of regulations under any of sections 8, 9 and 11 to 13 shall be taken for all purposes to be information relating to social security.
Section 347B of the Income and Corporation Taxes Act 1988 (qualifying maintenance payments) is amended as follows. In subsection (12) (payments to be treated as maintenance payments), at the end of paragraph (b) insert; or. For subsection (13) substitute—
In section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deduction from income support)—
in subsections (1) and (2)(d), for “or state pension credit” substitute “, state pension credit or an income-related employment and support allowance”;
“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);
The Local Government Finance Act 1992 is amended as follows. In Schedule 4 (enforcement in England and Wales)— In Schedule 8 (enforcement in Scotland), in paragraph 6 (deductions from income support etc.), in sub-paragraphs (1) and (2)(b), for “or state pension credit” substitute “, state pension credit or an employment and support allowance”.
In section 22 of the Children (Scotland) Act 1995 (promotion of welfare of children in need), in subsection (4) (under which persons in receipt of certain benefits cannot be required to repay financial assistance), at the end insert; or
The Social Security Act 1998 is amended as follows. In section 2 (use of computers), in subsection (2) (meaning of “relevant enactment”), after paragraph (i) insert; or In section 8 (which provides for any decision on a claim for a relevant benefit, or under or by virtue of a relevant enactment, to be made by the Secretary of State)— In section 11 (regulations with respect to decisions), in subsection (3), in the definition of “the current legislation”, for “and the State Pension Credit Act 2002” substitute “, the State Pension Credit Act 2002 and Part 1 of the Welfare Reform Act 2007”. In section 27 (restrictions on entitlement to benefit in certain cases of error), in subsection (7), in the definition of “benefit”— In section 28 (correction of errors and setting aside of decisions), in subsection (3) (definition of “relevant enactment”), at the end insert; or In section 31 (incapacity for work), after subsection (1) insert— In Schedule 2 (decisions against which no appeal lies), in paragraph 6(b) (alteration of rates of benefit), at the end insert, or In Schedule 3 (decisions against which an appeal lies), in paragraph 3 (payability of benefit), at the end insert; or
The Child Support, Pensions and Social Security Act 2000 is amended as follows. In section 62 (loss of benefit for breach of community order), after subsection (4) insert— In that section, in subsection (8), in the definition of “relevant benefit”, after paragraph (b) insert—. In section 65 (loss of benefit regulations), in subsection (4) (regulations subject to affirmative resolution procedure), in paragraph (c), after “section 62(4)” insert “or (4A)”.
The Social Security Fraud Act 2001 is amended as follows. In section 7 (loss of benefit for commission of benefit offences), after subsection (4A) insert— In that section, in subsection (8) (interpretation), in the definition of “disqualifying benefit”, after paragraph (aa) insert—. In section 9 (effect of offences on benefits of members of offender’s family), in subsection (1) (benefits to which section applies), after paragraph (bb) insert—. In that section, after subsection (4A) insert— In section 10 (power to supplement and mitigate loss of benefit provisions), in subsection (3) (definition of “social security benefit”), after paragraph (bb) insert—. In section 11 (loss of benefit regulations), in subsection (3) (regulations subject to affirmative resolution procedure), in paragraph (c), after “(4A)”, in both places, insert “, (4B)”. “income-related allowance” has the same meaning as in Part 1 of the Welfare Reform Act 2007 (employment and support allowance);
Regulations may— Regulations under sub-paragraph (1)(a) may, in particular— Regulations under sub-paragraph (1)(a) may, in relation to existing awards which have been the subject of conversion under this paragraph, include provision about revision under section 9 of the Social Security Act 1998 (c. 14), or supersession under section 10 of that Act in respect of the period before conversion.
The Administration Act is amended as follows.
In Schedule 7 to the Child Support, Pensions and Social Security Act 2000 (housing benefit and council tax benefit: revisions and appeals), in paragraph 1(2), after paragraph (b) insert—.
The Contributions and Benefits Act is amended as follows. In section 73 (mobility component of disability living allowance), in subsection (9)(a), after “subsection (1)” insert “(a) to (d)”. In section 140 (social fund payments: principles of determination), for subsection (3) substitute—
In section 134 (arrangements for housing benefit)—
in subsection (8)(a) before “war” in each place insert “prescribed”;
in that subsection omit “or surviving civil partner's”;
after subsection (13) insert—
In section 139 (arrangements for council tax benefit)—
in subsection (6)(a) before “war” in each place insert “prescribed”;
“war widow’s pension” includes any corresponding pension payable to a widower or surviving civil partner.
In section 139E (information about attainment of standards), in subsection (1)—
for “section 139D(3)” substitute “section 139D(3A) or (3B)”;
after paragraph (a) insert—;
in paragraph (b) after “those standards” insert “or take that action”.
Section 139F (enforcement notices) is amended as follows. In subsection (1)— In subsection (2)(a), after “paragraph (a)” insert “, (aa)”. In subsection (4), at the beginning insert “If the notice identifies directions under section 139D(3A),”. After subsection (4) insert—
Section 139G (enforcement determinations) is amended as follows. In subsection (1)— In subsections (3) and (5)(c), after “the standards” insert “or the taking of the action”.
In section 140A(2)(c) (subsidies to certain authorities), for “or levying authority” substitute “and to each local authority in Scotland”. Sub-paragraph (1) must be taken to have had effect from 1 April 1997 (the date of the coming into force of section 140A of that Act).
In section 140B(5A) (calculation of amount of subsidy), for “section 139D(3)” substitute “section 139D(3A) or (3B)”.
In section 191 (interpretation), in the definition of “prescribe” at the end insert “and “prescribed” must be construed accordingly”.
a payment of a prescribed description made under an insurance policy providing benefits in connection with physical or mental illness or disability, and
Regulations may make provision in relation to— in respect of any period of less than a week.
entitlement to an employment and support allowance, or
the amount payable by way of such an allowance,
Regulations may provide that in prescribed circumstances a claimant who is not in Great Britain may nevertheless be entitled to a contributory allowance an employment and support allowance.
Regulations may make provision—
for a person to be treated in prescribed circumstances as having, or as not having, limited capability for work-related activity;
for the question of whether a person has limited capability for work-related activity to be determined notwithstanding that he is for the time being treated by virtue of regulations under sub-paragraph (a) as having limited capability for work-related activity;
for the question of whether a person has limited capability for work-related activity to be determined afresh in prescribed circumstances.
Where an employment and support allowance is taken by virtue of section 6(5) to consist of two elements, any reduction in the amount payable in respect of the allowance which falls to be made by virtue of— shall be treated as reducing such of those elements by such amount as may be prescribed.
section 11,
section 12,
section 13, or
section 2AA of the Administration Act (full entitlement to certain benefits conditional on work-focused interview for partner),
Regulations may modify— in its application to persons who are or have been members of Her Majesty’s forces. For the purposes of this paragraph, Her Majesty’s forces shall be taken to consist of prescribed establishments and organisations in which persons serve under the control of the Defence Council.
Regulations may—
make provision excluding the making of a claim for incapacity benefit or severe disablement allowance on or after the appointed day;
make provision for a claim for incapacity benefit, income support or severe disablement allowance which is made on or after the appointed day to be treated in prescribed circumstances as a claim for an employment and support allowance;
make provision for a claim for an employment and support allowance to be treated wholly or partly as a claim for incapacity benefit, income support or severe disablement allowance;
make provision excluding the making of a claim for an employment and support allowance by a person who is entitled to an existing award.
Regulations may prescribe circumstances in which a person may be entitled to employment and support allowance without having accepted a claimant commitment.
Section 28
...
In section 70 of the Transport Act 1982 (payments in respect of applicants for exemption from wearing seat belts), in subsection (2) (applicants who qualify), in paragraph (b), for “or an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995)” substitute “, an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995), an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance),”.
The Children Act 1989 is amended as follows. In section 17 (provision of services for children in need, their families and others), in subsection (9) (persons exempt from repayment of assistance), for “or of an income-based jobseeker’s allowance” substitute “, of an income-based jobseeker’s allowance or of an income-related employment and support allowance”. In section 17A (direct payments), in subsection (5) (persons in relation to whom special provision applies), in paragraph (b), for “or of an income-based jobseeker’s allowance” substitute “, of an income-based jobseeker’s allowance or of an income-related employment and support allowance”. In section 29 (recoupment of costs of providing services etc.), in subsections (3) and (3A) (exempt persons), for “or of an income-based jobseeker’s allowance” substitute “, of an income-based jobseeker’s allowance or of an income-related employment and support allowance”. “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance); In Schedule 2 (local authority support for children and families), in paragraph 21(4) (persons exempt from liability to contribute to maintenance of children looked after by local authority), for “or of an income-based jobseeker’s allowance” substitute “, of an income-based jobseeker’s allowance or of an income-related employment and support allowance”.
The Contributions and Benefits Act is amended as follows. In section 6A (notional payment of primary Class 1 contribution where earnings not less than lower earnings limit), in subsection (3) (purposes for which Class 1 contribution treated as paid), at the end insert; and In section 22 (earnings factors)— At the end of section 22 insert— Sections 30A to 30E (incapacity benefit) cease to have effect. In section 61A (contributions paid in error), in subsection (3), at the end of paragraph (c) insert “and”. In section 88 (increases of benefits to be in respect of only one adult dependant), for “86A” substitute “85”. In section 89(1) and (1A) (earnings to include occupational and personal pensions etc. for purposes of provisions relating to increases of benefits in respect of adult dependants), for “to 86A” substitute “to 85”. In section 124 (income support), in subsection (1), after paragraph (g) insert; and At the end of section 124 insert— In section 150 (interpretation of Part 10: Christmas bonus)— Sections 171A to 171G (incapacity for work) cease to have effect. The first condition shall be taken to be satisfied if the contributor concerned was entitled to main phase employment and support allowance at any time during— The reference in sub-paragraph (6A) to main phase employment and support allowance is to an employment and support allowance in the case of which the calculation of the amount payable in respect of the claimant includes an addition under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act 2007 (addition where conditions of entitlement to support component or work-related activity component satisfied).
The Jobseekers Act 1995 is amended as follows. In section 1 (the jobseeker’s allowance), in subsection (2) (conditions of entitlement), for paragraph (f) substitute—. In section 3 (income-based conditions), in subsection (1)— In section 3A (conditions for claims by joint-claim couples), in subsection (1), after paragraph (cc) insert—. In section 35 (interpretation)— In Schedule 1 (supplementary provisions), for paragraph 2, and the italic cross-heading immediately preceding it, substitute—
The Employment Tribunals Act 1996 is amended as follows. In section 16 (power to provide for recoupment of benefits)— In section 17 (recoupment: further provisions), in subsection (1), for “or income support”, in both places, substitute “, income support or income-related employment and support allowance”. In that section, at the end insert—
In section 72 of the Welfare Reform and Pensions Act 1999 (power to make regulations about the use and supply of social security information), in subsection (3) (provisions in connection with which the power is exercisable), at the end insert, or
In section 94 of the Local Government Act 2000 (disclosure of information), in subsection (1) (benefit information which may be disclosed), for “or state pension credit” substitute “, state pension credit or an income-related employment and support allowance”.
The Income Tax (Earnings and Pensions) Act 2003 is amended as follows. In section 658(4) (amount charged to tax to be calculated in accordance with section 661), after “carer’s allowance,” insert “contributory employment and support allowance,”. Contributory employment and support allowance WRA 2007 Section 1(2)(a) Any provision made for Northern Ireland which corresponds to section 1(2)(a) of WRA 2007 contributory employment and support allowance, Income-related employment and support allowance WRA 2007 Section 1(2)(b) Any provision made for Northern Ireland which corresponds to section 1(2)(b) of WRA 2007 WRA 2007 The Welfare Reform Act 2007
Section 29
“contributory allowance” means an employment and support allowance entitlement to which is based on subsection (2)(a) (and see section 1B(2));
Regulations may provide for section 150 of the Administration Act (annual up-rating of benefits), so far as relating to— to have effect with prescribed modifications in relation to tax years beginning on or after the appointed day.
incapacity benefit under section 30A of the Contributions and Benefits Act, or
severe disablement allowance,
Section 40
Section 58
Section 63
Section 67 Short title and chapter Extent of repeal Vaccine Damage Payments Act 1979 (c. 17) Section 3A(6). In section 8(3), paragraph (d), and the word “and” immediately preceding it. Pneumoconiosis etc. (Workers' Compensation) Act 1979 (c. 41) Section 3(5). Income and Corporation Taxes Act 1988 (c. 1) In section 347B(12)(b), the word “or” at the end of sub-paragraph (i). Criminal Justice Act 1991 (c. 53) In section 24(4), in the definition of “income support”, the words “incapacity benefit or”. Social Security Contributions and Benefits Act 1992 (c. 4) In section 6A(3), the word “and” at the end of paragraph (c). Section 20(1)(b). In section 20(2)— in the definition of “long-term benefit”, paragraph (a); in the definition of “short-term benefit”, paragraph (b). In section 21(1)— the words from “short-term incapacity benefit” to “subsection (5) of that section,”; the words “or short-term or long-term incapacity benefit under section 40 or 41 below”. In section 21(2), in the table— the heading “Short-term benefit”; the entry relating to short-term incapacity benefit; the heading “Other benefits”. In section 21(4), the words “short-term benefit or”. In section 21(5A)(c), the words “2(4)(a) and (5)(a),”. Sections 30A to 30E. In section 37(2), the words from “one of the conditions” to “person and”. In section 39A(3), the words from “one of the conditions” to “person and”. Sections 40 to 42. In section 44(4), the words from “except that” to the end. Section 47. In section 61— in subsection (1), the words “under section 47(1) above or”; subsection (2). In section 61A(3), paragraph (d), and the word “and” immediately preceding it. Section 72(6). In section 73(5), the words “Subject to subsection (4) above,”. Section 84. Section 86A. Section 87. In section 89(1) and (1A), the words “, and in regulations under section 86A above,”. Section 93. In section 124(1), the word “and” at the end of paragraph (f). Section 130(4). In section 140(1A), the words following paragraph (b). Section 150(1)(b). Section 171ZP(1) to (3). Sections 171A to 171G. In section 176(1)(a), the words “section 30DD(5)(b) or (c);”. In Schedule 3, paragraphs 2 and 5(6). In Schedule 4— in Part 1, paragraphs 2 and 2A; in Part 4, paragraphs 1A and 2. In Schedule 11, paragraph 2(d)(i). In Schedule 12, paragraphs 1, 3, 4, 5 and 6. In Schedule 13, paragraphs 1 and 2. Social Security Administration Act 1992 (c. 5) Section 2A(2)(e) and (f). In section 2AA(2), paragraph (c) and the word “and” at the end of paragraph (d). Section 5(3). Section 71(5). In section 71ZA(2)— in paragraph (a), the words “paragraph (a) of subsection (5) and”; paragraph (b). In section 73(4), the word “or” at the end of paragraph (a). Section 130(1)(a) and (c). Section 132(1)(b) and (c). In section 134(8)(a), the words “or surviving civil partner's”. In section 150, subsection (1)(aa) and, in subsection (3)(b), “(aa),”. In section 168(3)(d), the words from “to the same officer” to the end. Social Security Administration (Northern Ireland) Act 1992 (c. 8) Section 69(5). Disability (Grants) Act 1993 (c. 14) In section 1— in subsection (1), paragraphs (a) and (b) and the word “and” immediately preceding paragraph (c); in subsection (4)(a), the words from “the reference in subsection (1)(a)” to first “and”. Pension Schemes Act 1993 (c. 48) Section 46(3). In Schedule 8, paragraph 39. Social Security (Incapacity for Work) Act 1994 (c. 18) Sections 1, 2(1) to (3), (5) and (6), 3, 5 to 7 and 13. In Schedule 1, paragraphs 2, 3(3), 8 to 10, 13, 24(2) and (4), 28, 33, 38(2) and (3), 44 and 55. Local Government etc. (Scotland) Act 1994 (c. 39) In Schedule 13, paragraph 174(4). Jobseekers Act 1995 (c. 18) In Schedule 2, paragraphs 19(2), (3) and (5), 25, 26, 40(2) and 53(2). Pensions Act 1995 (c. 26) In Schedule 4, paragraphs 18(b) and 21(3) and (4). Housing Act 1996 (c. 52) In section 122— subsection (3); in subsection (5)(b), the words “or regulations”. In Schedule 13, paragraph 3(2). Social Security Act 1998 (c. 14) In section 2(2), the word “or” at the end of paragraph (h). In section 28(3), the word “or” at the end of paragraph (e). Section 31(1). In section 38(7)(a), sub-paragraph (iii), and the word “and” immediately preceding it. Section 77. In Schedule 2, in paragraph 6(b), the word “or” at the end of paragraph (ii). In Schedule 3, in paragraph 3, the word “or” at the end of paragraph (e). In Schedule 7, paragraphs 73(3), 81(2) and 103(1). Welfare Reform and Pensions Act 1999 (c. 30) Sections 61 to 64. In section 72(3), the word “or” at the end of paragraph (b). In Schedule 8, paragraphs 20 to 25. Local Government Act 2000 (c. 22) Sections 94 and 95. State Pension Credit Act 2002 (c. 16) In Schedule 2, paragraphs 9(5)(b)(ii), 16(3), 18(3), 24(2) and 37(a). National Insurance Contributions Act 2002 (c. 19) In Schedule 1, paragraph 14(2). Tax Credits Act 2002 (c. 21) In Schedule 3, paragraphs 25, 26, 28 and 30. Income Tax (Earnings and Pensions) Act 2003 (c. 1) In section 658(4), the words “incapacity benefit”. In section 660(1), in Table A, the entry relating to incapacity benefit. In section 661(1), the words “incapacity benefit,”. Sections 663 and 664. In Schedule 6, paragraph 187. Civil Partnership Act 2004 (c. 33) In Schedule 24, paragraphs 14, 15 and 65. The repeal of section 69(5) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) has effect only in relation to child benefit and guardian’s allowance.
Except in such circumstances as regulations may provide, an employment and support allowance shall not be payable where the amount otherwise payable would be less than a prescribed minimum.
For the purposes of this Part, whether a person's capability for work is limited by his physical or mental condition and, if it is, whether the limitation is such that it is not reasonable to require him to work shall be determined in accordance with regulations.
Regulations under subsection (1) shall—
provide for determination on the basis of an assessment of the person concerned;
define the assessment by reference to the extent to which a person who has some specific disease or bodily or mental disablement is capable or incapable of performing such activities as may be prescribed;
make provision as to the manner of carrying out the assessment.
Regulations under subsection (1) may, in particular, make provision—
as to the information or evidence required for the purpose of determining the matters mentioned in that subsection;
as to the manner in which that information or evidence is to be provided;
for a person in relation to whom it falls to be determined whether he has limited capability for work to be called to attend for such medical examination as the regulations may require.
Regulations under subsection (1) may include provision—
for a person to be treated as not having limited capability for work if he fails without good cause—
to provide information or evidence which he is required under such regulations to provide,
to provide information or evidence in the manner in which he is required under such regulations to provide it, or
to attend for, or submit himself to, a medical examination for which he is called under such regulations to attend;
as to matters which are, or are not, to be taken into account in determining for the purposes of any provision made by virtue of paragraph (a) whether a person has good cause for any act or omission;
as to circumstances in which a person is, or is not, to be regarded for the purposes of any such provision as having good cause for any act or omission.
Regulations may provide that, in prescribed circumstances, a person in relation to whom it falls to be determined whether he has limited capability for work, shall, if prescribed conditions are met, be treated as having limited capability for work until such time as—
it has been determined whether he has limited capability for work, or
he falls in accordance with regulations under this section to be treated as not having limited capability for work.
The prescribed conditions referred to in subsection (5) may include the condition that it has not previously been determined, within such period as may be prescribed, that the person in question does not have, or is to be treated as not having, limited capability for work.
For the purposes of this Part, whether a person's capability for work-related activity is limited by his physical or mental condition and, if it is, whether the limitation is such that it is not reasonable to require him to undertake such activity shall be determined in accordance with regulations.
Regulations under subsection (1) shall—
provide for determination on the basis of an assessment of the person concerned;
define the assessment by reference to such matters as the regulations may provide;
make provision as to the manner of carrying out the assessment.
Regulations under subsection (1) may, in particular, make provision—
as to the information or evidence required for the purpose of determining the matters mentioned in that subsection;
as to the manner in which that information or evidence is to be provided;
for a person in relation to whom it falls to be determined whether he has limited capability for work-related activity to be called to attend for such medical examination as the regulations may require.
Regulations under subsection (1) may include provision—
for a person to be treated as not having limited capability for work-related activity if he fails without good cause—
to provide information or evidence which he is required under such regulations to provide,
to provide information or evidence in the manner in which he is required under such regulations to provide it, or
to attend for, or submit himself to, a medical examination for which he is called under such regulations to attend;
as to matters which are, or are not, to be taken into account in determining for the purposes of any provision made by virtue of paragraph (a) whether a person has good cause for any act or omission;
as to circumstances in which a person is, or is not, to be regarded for the purposes of any such provision as having good cause for any act or omission.
The Secretary of State shall lay before Parliament an independent report on the operation of the assessments under sections 8 and 9 annually for the first five years after those sections come into force.
Regulations may make provision for or in connection with imposing on a person who is— a requirement to take part in one or more work-focused health-related assessments as a condition of continuing to be entitled to the full amount payable to him in respect of the allowance apart from the regulations.
entitled to an employment and support allowance, and
not a member of the support group,
Regulations under this section may, in particular, make provision—
prescribing circumstances in which such a person is subject to a requirement to take part in one or more work-focused health-related assessments;
for notifying such a person of any such requirement;
prescribing the work-focused health-related assessments in which a person who is subject to such a requirement is required to take part;
for the determination, and notification, of the time and place of any such assessment;
prescribing circumstances in which a person attending such an assessment is to be regarded as having, or not having, taken part in it;
for securing that the appropriate consequence follows if a person who is required under the regulations to take part in a work-focused health-related assessment—
fails to take part in the assessment, and
does not, within a prescribed period, show that he had good cause for that failure;
prescribing matters which are, or are not, to be taken into account in determining whether a person had good cause for any failure to comply with the regulations;
prescribing circumstances in which a person is, or is not, to be regarded as having good cause for any such failure.
For the purposes of subsection (2)(f), the appropriate consequence of a failure falling within that provision is that the amount payable to the person in question in respect of an employment and support allowance is reduced in accordance with regulations.
Regulations under subsection (3) may, in particular, make provision for determining— and may include provision prescribing circumstances in which the amount of the reduction is to be nil.
the amount by which an allowance is to be reduced,
when the reduction is to start, and
how long it is to continue,
Regulations under this section shall include provision for a requirement to take part in one or more work-focused health-related assessments to cease to have effect if the person subject to the requirement becomes a member of the support group.
Regulations under this section may include provision—
that in such circumstances as the regulations may prescribe a requirement to take part in a work-focused health-related assessment that would otherwise apply to a person by virtue of such regulations is not to apply, or is to be treated as not having applied;
that in such circumstances as the regulations may prescribe such a requirement is not to apply until a prescribed time;
that in such circumstances as the regulations may prescribe the time and place of a work-focused health-related assessment in which a person is required by regulations under this section to take part may be redetermined.
In this section, “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 a person still has capability for work,
the extent to which his capability for work may be improved by the taking of steps in relation to his physical or mental condition, and
such other matters relating to his physical or mental condition and the likelihood of his obtaining or remaining in work or being able to do so, as may be prescribed.
In subsection (7), “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 (c. 8), 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 (c. 17) as may be prescribed.
Regulations may make provision for or in connection with imposing on a person who is— a requirement to take part in one or more work-focused interviews as a condition of continuing to be entitled to the full amount payable to him in respect of the allowance apart from the regulations.
entitled to an employment and support allowance, and
not a member of the support group, or a lone parent of a child under the age of one
Regulations under this section may, in particular, make provision—
prescribing circumstances in which such a person is subject to a requirement to take part in one or more work-focused interviews;
for notifying such a person of any such requirement;
prescribing the work-focused interviews in which a person who is subject to such a requirement is required to take part;
for determining, in relation to work-focused interviews under the regulations, when and how the interview is to be conducted and, if it is to be conducted face to face, where it is to take place;
for notifying persons who are required under the regulations to take part in a work-focused interview of what is determined in respect of the matters mentioned in paragraph (d);
prescribing circumstances in which a person who is a party to a work-focused interview under the regulations is to be regarded as having, or not having, taken part in it;
for securing that the appropriate consequence follows if a person who is required under the regulations to take part in a work-focused interview—
fails to take part in the interview, and
does not, within a prescribed period, show that he had good cause for that failure;
prescribing matters which are, or are not, to be taken into account in determining whether a person had good cause for any failure to comply with the regulations;
prescribing circumstances in which a person is, or is not, to be regarded as having good cause for any such failure.
For the purposes of subsection (2)(g), the appropriate consequence of a failure falling within that provision is that the amount payable to the person in question in respect of an employment and support allowance is reduced in accordance with regulations.
Regulations under subsection (3) may, in particular, make provision for determining— and may include provision prescribing circumstances in which the amount of the reduction is to be nil.
the amount by which an allowance is to be reduced,
when the reduction is to start, and
how long it is to continue,
Regulations under this section shall include provision for a requirement to take part in one or more work-focused interviews to cease to have effect if the person subject to the requirement becomes a member of the support group.
Regulations under this section may include provision—
that in such circumstances as the regulations may prescribe a requirement to take part in a work-focused interview that would otherwise apply to a person by virtue of such regulations is not to apply, or is to be treated as not having applied;
that in such circumstances as the regulations may prescribe such a requirement is not to apply until a prescribed time;
that in such circumstances as the regulations may prescribe matters mentioned in subsection (2)(d) may be redetermined.
In this section, “work-focused interview” means an interview by the Secretary of State conducted for such purposes connected with getting the person interviewed into work, or keeping him in work, as may be prescribed.
A claimant commitment is a record of the responsibilities of a person entitled to an employment and support allowance in relation to the award of the allowance.
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 person 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 person 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.
Regulations may make provision for or in connection with imposing on a person who is subject to a requirement imposed under section 12(1) a requirement to undertake work-related activity in accordance with regulations as a condition of continuing to be entitled to the full amount payable to him in respect of an employment and support allowance apart from the regulations.
Regulations under this section may, in particular, make provision—
prescribing circumstances in which such a person is subject to a requirement to undertake work-related activity in accordance with regulations;
for notifying such a person of any such requirement;
prescribing the time or times at which a person who is subject to such a requirement is required to undertake work-related activity and the amount of work-related activity he is required at any time to undertake;
prescribing circumstances in which a person who is subject to such a requirement is, or is not, to be regarded as undertaking work-related activity;
for securing that the appropriate consequence follows if a person who is subject to such a requirement—
fails to comply with the regulations, and
does not, within a prescribed period, show that he had good cause for that failure;
prescribing the evidence which a person who is subject to such a requirement needs to provide in order to show that he has complied with the regulations;
prescribing matters which are, or are not, to be taken into account in determining whether a person has complied with the regulations;
prescribing matters which are, or are not, to be taken into account in determining whether a person had good cause for any failure to comply with the regulations;
prescribing circumstances in which a person is, or is not, to be regarded as having good cause for any such failure.
For the purposes of subsection (2)(e), the appropriate consequence of a failure falling within that provision is that the amount payable to the person in question in respect of an employment and support allowance is to be reduced in accordance with regulations.
Regulations under subsection (3) may, in particular, make provision for determining— and may include provision prescribing circumstances in which the amount of the reduction is to be nil.
the amount by which an allowance is to be reduced,
when the reduction is to start, and
how long it is to continue,
Regulations under this section shall include provision for a requirement to undertake work-related activity in accordance with regulations to cease to have effect if the person subject to the requirement becomes a member of the support group.
Regulations under this section may include provision that in such circumstances as the regulations may provide a person's obligation under the regulations to undertake work-related activity at a particular time is not to apply, or is to be treated as not having applied.
In this Part, “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.
The reference to activity in subsection (7) includes work experience or a work placement.
In this Part a “work-focused interview requirement” is a requirement that a person 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 person 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.
The Secretary of State shall in prescribed circumstances provide a person subject to a requirement imposed under section 12(1) with a document prepared for such purposes as may be prescribed (in this section referred to as an action plan).
Regulations may make provision about—
the form of action plans;
the content of action plans;
the review and updating of action plans.
Regulations under this section may, in particular, make provision for action plans which are provided to a person who is subject under section 13 to a requirement to undertake work-related activity to contain particulars of activity which, if undertaken, would enable the requirement to be met.
Regulations may make provision for reconsideration of an action plan at the request of the person to whom the plan is provided and may, in particular, make provision about—
the circumstances in which reconsideration may be requested;
the period within which any reconsideration must take place;
the matters to which regard must be had when deciding on reconsideration whether the plan should be changed;
notification of the decision on reconsideration;
the giving of directions for the purpose of giving effect to the decision on reconsideration.
In this Part a “work preparation requirement” is a requirement that a person 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 person 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).
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 prescribed circumstances, the Secretary of State may by direction given to a person subject to a requirement imposed under section 13(1) provide that the activity specified in the direction is—
to be the only activity which, in the person’s case, is to be regarded as being work-related activity; or
to be regarded, in the person’s case, as not being work-related activity.
A direction under subsection (1) given to any person—
must be reasonable, having regard to the person’s circumstances;
must be given to the person by being included in an action plan provided to the person under section 14; and
may be varied or revoked by a subsequent direction under subsection (1).
But a direction under subsection (1) may not specify medical or surgical treatment as the only activity which, in any person’s case, is to be regarded as being work-related activity.
Where a direction under subsection (1) varies or revokes a previous direction, it may provide for the variation or revocation to have effect from a time before the giving of the direction.
The Secretary of State may not impose any work-related requirement on a person falling within this section.
A person falls within this section if—
the person has limited capability for work and work-related activity,
the person has regular and substantial caring responsibilities for a severely disabled person,
the person is a single person responsible for a child under the age of 1,
the person is of a prescribed description.
Where a person falls within this section, any work-related requirement previously applying to the person ceases to have effect.
In this section— “regular and substantial caring responsibilities” has such meaning as may be prescribed; “severely disabled“ has such meaning as may be prescribed.
The following functions of the Secretary of State may be exercised by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose, namely—
conducting interviews under section 12;
providing documents under section 14;
giving, varying or revoking directions under section 15.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations may provide for any of the following functions of the Secretary of State to be exercisable by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose—
any function under regulations under any of sections 11 to 15 ..., except the making of a decision to which subsection (3) applies (an “excluded decision”);
the function under section 9(1) of the Social Security Act 1998 (c. 14) (revision of decisions), so far as relating to decisions, except excluded decisions, that relate to any matter arising under such regulations;
the function under section 10(1) of that Act (superseding of decisions), so far as relating to decisions, except excluded decisions, of the Secretary of State that relate to any matter arising under such regulations;
any function under Chapter 2 of Part 1 of that Act (social security decisions), except section 25(2) and (3) (decisions involving issues that arise on appeal in other cases), which relates to the exercise of any of the functions falling within paragraphs (a) to (c).
This subsection applies to the following decisions—
a decision about whether a person has failed to comply with a requirement imposed by regulations under section 11, 12 or 13 ...;
a decision about whether a person had good cause for failure to comply with such a requirement;
a decision about reduction of an employment and support allowance in consequence of failure to comply with such a requirement.
Regulations under subsection (2) may provide that a function to which that subsection applies may be exercised—
either wholly or to such extent as the regulations may provide,
either generally or in such cases or areas as the regulations may provide, and
either unconditionally or subject to the fulfilment of such conditions as the regulations may provide.
An authorisation given by virtue of subsection (1), or by virtue of regulations under subsection (2), may authorise the exercise of the function concerned—
either wholly or to such extent as may be specified in the authorisation,
either generally or in such cases or areas as may be so specified, and
either unconditionally or subject to the fulfilment of such conditions as may be so specified.
In the case of an authorisation given by virtue of regulations under subsection (2), subsection (5) is subject to the provisions of the regulations.
An authorisation given by virtue of subsection (1), or by virtue of regulations under subsection (2)—
may specify its duration,
may be revoked at any time by the Secretary of State, and
shall not prevent the Secretary of State or any other person from exercising the function to which the authorisation relates.
Where a person is authorised to exercise any function by virtue of subsection (1), or by virtue of regulations under subsection (2), anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by or in relation to the Secretary of State.
Subsection (8) shall 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 his).
Any decision which a person authorised to exercise any function by virtue of subsection (1), or by virtue of regulations under subsection (2), makes in exercise of the function shall have effect as a decision of the Secretary of State under section 8 of the Social Security Act 1998 (c. 14).
Where— the authorised person shall be entitled to treat the relevant contract as repudiated by the Secretary of State (and not as frustrated by reason of the revocation).
a person is authorised to exercise any function by virtue of subsection (1), or by virtue of regulations under subsection (2), and
the authorisation is revoked at a time when a relevant contract is subsisting,
In subsection (11), the reference to a relevant contract is to so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function.
In this section, references to functions of the Secretary of State under— include a reference to any function which the Secretary of State has by virtue of the application in relation to that enactment of section 8(1)(c) of that Act (decisions under certain enactments to be made by the Secretary of State).
an enactment contained in, or in regulations under, this Part, or
an enactment contained in Chapter 2 of Part 1 of the Social Security Act 1998,
A person falls within this section if—
the person is a single person responsible for a child who is aged at least 1 and is under a prescribed age (which may not be less than 3), or
the person is of a prescribed description.
The Secretary of State may, subject to this Part, impose a work-focused interview requirement on a person entitled to an employment and support allowance who falls within this section.
The Secretary of State may not impose a work preparation requirement on a person falling within this section (and, where a person falls within this section, a work preparation requirement previously applying to the person ceases to have effect).
A person who does not fall within section 11D or 11E falls within this section.
The Secretary of State may, subject to this Part, impose a work preparation requirement or work-focused interview requirement on a person entitled to an employment and support allowance who falls within this section.
The Secretary of State may require a person entitled to an employment and support allowance to participate in an interview for any purpose relating to—
the imposition of a work-related requirement on the person;
verifying the person's compliance with a work-related requirement;
assisting the person 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 a person's compliance with a work-related requirement, require the person 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 person 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 person;
the person'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 11C(1), 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 person has recently been a victim of domestic violence—
a requirement imposed on that person under this Part ceases to have effect for a period of 13 weeks, and
the Secretary of State may not impose any other requirement on that person 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 person 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 an employment and support allowance is to be reduced in accordance with this section in the event of a failure by a person which is sanctionable under this section.
It is a failure sanctionable under this section if a person—
fails for no good reason to comply with a work-related requirement;
fails for no good reason to comply with a requirement under section 11G.
Regulations are to specify—
the amount of a reduction under this section, and
the period for which such a reduction has effect.
Regulations under subsection (3)(b) may provide that a reduction under this section in relation to any failure is to have effect for—
a period continuing until the person 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 (4)(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 11G.
A compliance condition specified under subsection (4)(a) may be—
revoked or varied by the Secretary of State;
notified to the person in such manner as the Secretary of State may determine.
A period fixed under subsection (4)(b) may in particular depend on either or both the following—
the number of failures by the person 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 functions of the Secretary of State under sections 11 to 11I 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,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations may make provision for the making of payments (“hardship payments”) by way of an employment and support allowance to a person where—
the amount otherwise payable to the person in respect of an employment and support allowance is reduced by virtue of regulations under section 11(3), 12(3) or 13(3), and
the person is or will be in hardship.
Regulations under this section may in particular make provision as to—
circumstances in which a person is to be treated as being or not being in hardship;
matters to be taken into account in determining whether a person is or will be in hardship;
requirements or conditions to be met by a person in order to receive hardship payments;
the amount or rate of hardship payments;
the period for which hardship payments may be made.
In relation to a claim for an employment and support allowance, the income and capital of a person shall be calculated or estimated in such manner as may be prescribed.
A person's income in respect of a week shall be calculated in accordance with prescribed rules, which may provide for the calculation to be made by reference to an average over a period (which need not include the week concerned).
Circumstances may be prescribed in which—
a person is to be treated as possessing capital or income which he does not possess;
capital or income which a person does possess is to be disregarded;
income is to be treated as capital;
capital is to be treated as income.
Regulations may provide that a person's capital shall be deemed for the purposes of this Part to yield him an income at a prescribed rate.
Regulations may provide for a person to be disqualified for receiving an employment and support allowance, or treated for such purposes as the regulations may provide as not having limited capability for work, if—
he has become someone who has limited capability for work through his own misconduct,
he remains someone who has limited capability for work through his failure without good cause to follow medical advice, or
he fails without good cause to observe any prescribed rules of behaviour.
Regulations under subsection (1) shall provide for any such disqualification, or treatment, to be for such period not exceeding 6 weeks as may be determined in accordance with Chapter 2 of Part 1 of the Social Security Act 1998 (c. 14).
Regulations may prescribe for the purposes of subsection (1)—
matters which are, or are not, to be taken into account in determining whether a person has good cause for any act or omission;
circumstances in which a person is, or is not, to be regarded as having good cause for any act or omission.
Except where regulations otherwise provide, a person shall be disqualified for receiving a contributory allowance an employment and support allowance for any period during which he is—
absent from Great Britain, or
undergoing imprisonment or detention in legal custody.
Any regulations to which this subsection applies may be made so as to have effect for a specified period not exceeding 36 months.
Subject to subsection (3), subsection (1) applies to—
regulations which are made under any provision of this Part, other than sections 3, 8 and 9;
regulations which are made under the Administration Act, so far as they relate to an employment and support allowance.
Subsection (1) only applies to regulations if they are made with a view to ascertaining whether their provisions will or will be likely to—
encourage persons to obtain or remain in work, or
make it more likely that persons will obtain or remain in work or be able to do so.
Regulations which, by virtue of subsection (1), are to have effect for a limited period are referred to in this section as a “pilot scheme”.
A pilot scheme may provide that its provisions are to apply only in relation to—
one or more specified areas;
one or more specified classes of person;
persons selected—
by reference to prescribed criteria, or
on a sampling basis.
A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.
A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.
A person is not entitled to an employment and support allowance in respect of a day if, for the purposes of statutory sick pay, that day—
is a day of incapacity for work in relation to a contract of service, and
falls within a period of entitlement (whether or not it is a qualifying day).
Except as regulations may provide, a woman who is entitled to statutory maternity pay is not entitled to a contributory allowance an employment and support allowance in respect of a day that falls within the maternity pay period.
Regulations may provide that—
an amount equal to a woman's statutory maternity pay for a period shall be deducted from a contributory allowance an employment and support allowance in respect of the same period,
a woman shall only be entitled to a contributory allowance an employment and support allowance if there is a balance after the deduction, and
if there is such a balance, a woman shall be entitled to a contributory allowance an employment and support allowance at a weekly rate equal to it.
Except as regulations may provide, a person who is entitled to statutory adoption pay is not entitled to a contributory allowance an employment and support allowance in respect of a day that falls within the adoption pay period.
Regulations may provide that—
an amount equal to a person's statutory adoption pay for a period shall be deducted from a contributory allowance an employment and support allowance in respect of the same period,
a person shall only be entitled to a contributory allowance an employment and support allowance if there is a balance after the deduction, and
if there is such a balance, a person shall be entitled to a contributory allowance an employment and support allowance at a weekly rate equal to it.
Except as regulations may provide, a person who is entitled to statutory shared parental pay is not entitled to a contributory allowance an employment and support allowance in respect of a day that falls within a period in respect of which statutory shared parental pay is payable.
Regulations may provide that—
an amount equal to a person's statutory shared parental pay for a period shall be deducted from a contributory allowance an employment and support allowance in respect of the same period,
a person shall only be entitled to a contributory allowance an employment and support allowance if there is a balance after the deduction, and
if there is such a balance, a person shall be entitled to a contributory allowance an employment and support allowance at a weekly rate equal to it.
In this section—
“the additional paternity pay period” has the meaning given in section 171ZEE(2) of the Contributions and Benefits Act;
in relation to Wales, a county council or a county borough council;
“the adoption pay period” has the meaning given in section 171ZN(2) of the Contributions and Benefits Act;
In Schedule 13 to the Local Government etc. (Scotland) Act 1994 (minor and consequential amendments)—
paragraph 174(4) is omitted;
paragraph 175(3) extends also to England and Wales and, accordingly, the amendments made by that sub-paragraph extend also to England and Wales.
In Schedule 24 to the Civil Partnership Act 2004 (amendments relating to social security, child support and tax credits), omit paragraph 65.
The third condition is that — In sub-paragraph (1), “relevant period of limited capability for work” means the period of limited capability for work which includes the relevant benefit week. Regulations may prescribe circumstances in which sub-paragraph (1)(a) does not apply in the case of a person who has previously ceased to be entitled to an employment and support allowance to which he was entitled by virtue of satisfying the condition set out in sub-paragraph (1). Regulations may make provision about when, for the purposes of sub-paragraph (1)(b), a person is, or is not, to be treated as receiving full-time education.
The following provisions of this Part provide for the Secretary of State to impose work-related requirements with which persons entitled to an employment and support allowance must comply for the purposes of this Part.
In this Part “work-related requirement” means—
a work-focused interview requirement (see section 11B);
a work preparation requirement (see section 11C).
The work-related requirements which may be imposed on a person depend on which of the following groups the person falls into—
persons subject to no work-related requirements (see section 11D);
persons subject to work-focused interview requirement only (see section 11E);
persons subject to work-focused interview and work preparation requirements (see section 11F).
Except as regulations may provide, a person who is entitled to statutory neonatal care pay is not entitled to an employment and support allowance in respect of a day that falls within a period in respect of which statutory neonatal care pay is payable.
Regulations may provide that—
an amount equal to a person’s statutory neonatal care pay for a period shall be deducted from an employment and support allowance in respect of the same period,
a person shall only be entitled to an employment and support allowance if there is a balance after the deduction, and
if there is such a balance, a person shall be entitled to an employment and support allowance at a weekly rate equal to it.
Regulations may provide for a person who would be entitled to an employment and support allowance but for the operation of any provision of, or made under, this Part, the Administration Act or Chapter 2 of Part 1 of the Social Security Act 1998 (c. 14) (social security decisions and appeals) to be treated as if entitled to the allowance for the purposes of any rights or obligations (whether his own or another's) which depend on his entitlement, other than the right to payment of it.
Schedule 2 (which contains further provisions in relation to an employment and support allowance) has effect.
Regulations may make provision for the court to have power to make a recovery order against any person where an award of income-related allowance has been made to that person's spouse or civil partner.
The reference in subsection (1) to a recovery order is to an order requiring the person against whom it is made to make payments to the Secretary of State or to such other person or persons as the court may determine.
Regulations under subsection (1) may include—
provision as to the matters to which the court is, or is not, to have regard in determining any application under the regulations;
provision as to the enforcement of orders under the regulations;
provision for the transfer by the Secretary of State of the right to receive payments under, and to exercise rights in relation to, orders under the regulations.
In this section, “the court” means—
in relation to England and Wales, a magistrates' court;
in relation to Scotland, the sheriff.
In this Part—
“income-based jobseeker's allowance” has the same meaning as in the Jobseekers Act 1995 (c. 18);
“claimant” means a person who has claimed an employment and support allowance;
“applicable amount” means the amount which, in the claimant's case, is the applicable amount for the purposes of section 4(1);
In section 78(2A) of the Social Work (Scotland) Act 1968 (which exempts persons in receipt of certain benefits from liability for contributions in respect of children in care etc.), after “1995)” insert “, an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance)”.
Regulations may—
make provision for a claim for incapacity benefit, income support or severe disablement allowance which is made before the appointed day to be treated wholly or partly as a claim for an employment and support allowance;
make provision for the purpose of enabling claims for an employment and support allowance to be made before the appointed day for a period beginning on or after that day.
For the purposes of this paragraph, an award of an employment and support allowance is one that falls to be made on matching terms if— Regulations may— In sub-paragraph (2)(b), the reference to matched awards is to awards of an employment and support allowance that have been the subject of matching in pursuance of regulations under sub-paragraph (2)(a).
For the purposes of this paragraph an award of an employment and support allowance is one which falls to be made on matching terms if— Regulations may make provision for the purpose of securing that an award of an employment and support allowance that falls to be made on matching terms is made on terms which match in whole or part the award that would have resulted from conversion under paragraph 7 had entitlement to the existing award continued.
For the purposes of this Part, the assessment phase, in relation to a claimant, is the period—
beginning, subject to subsection (3), with the first day of the period for which he is entitled to an employment and support allowance, and
ending with such day as may be prescribed.
Regulations may prescribe circumstances in which the assessment phase is to begin with such day as may be prescribed.
For the purposes of this Part, a person is a member of the support group if he is a person in respect of whom it is determined that he has, or is to be treated as having, limited capability for work-related activity.
For the purposes of this Part, a person is a lone parent if the person—
is not a member of a couple (within the meaning given by section 137(1) of the Contributions and Benefits Act), and
is responsible for, and a member of the same household as, a person under the age of 16.
For the purposes of subsection (3A)(b) regulations may make provision—
as to circumstances in which one person is to be treated as responsible or not responsible for another;
as to circumstances in which persons are to be treated as being or not being members of the same household.
Any power under this Part to make regulations or an order shall be exercisable by statutory instrument.
Any such power may be exercised—
in relation to all cases to which it extends,
in relation to those cases subject to specified exceptions, or
in relation to any specified cases or classes of case.
Any such power may be exercised so as to make, as respects the cases in relation to which it is exercised—
the full provision to which the power extends or any less provision (whether by way of exception or otherwise);
the same provision for all cases in relation to which it is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Part;
any such provision either unconditionally or subject to any specified condition.
Where any such power is expressed to be exercisable for alternative purposes, it may be exercised in relation to the same case for all or any of those purposes.
Any such power includes power—
to make such incidental, supplementary, consequential or transitional provision or savings as appear to the Secretary of State to be expedient;
to provide for a person to exercise a discretion in dealing with any matter.
Without prejudice to the generality of the provisions of this section, regulations under any of sections 11 to 15 to 11J ... may make provision which applies only in relation to an area or areas specified in the regulations.
The fact that a power to make regulations is conferred by this Part is not to be taken to prejudice the extent of any other power to make regulations so conferred.
None of the following regulations shall be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament—
regulations under section 2(2)(c) or (3)(c) or 4(4)(c) or (5)(c);
the first regulations under section 13;
the first regulations under section 11D(2)(d) or 11J,
regulations which by virtue of section 19(1) are to have effect for a limited period.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A statutory instrument that— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
contains regulations made under this Part, and
is not subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,
A statutory instrument containing an order under section 1A shall be subject to annulment in pursuance of a resolution of either House of Parliament.
There shall be paid out of the National Insurance Fund so much of any sums payable by way of employment and support allowance as is attributable to entitlement to a contributory allowance any sums payable by way of employment and support allowance.
There shall be paid out of money provided by Parliament—
so much of any sums payable by way of employment and support allowance as is attributable to entitlement to an income-related allowance, and
any administrative expenses of the Secretary of State or the Commissioners for Her Majesty's Revenue and Customs in carrying this Part into effect.
The Secretary of State shall pay into the National Insurance Fund sums estimated by him to be equivalent in amount to sums recovered by him in connection with payments of contributory employment and support allowance.
The Secretary of State shall pay into the Consolidated Fund sums estimated by him to be equivalent in amount to sums recovered by him in connection with payments made by way of income-related allowance.
Schedule 3 (which makes amendments consequential on this Part) has effect.
Regulations may make provision consequential on this Part amending, repealing or revoking any provision of—
an Act passed on or before the last day of the Session in which this Act is passed, or
an instrument made under an Act before the passing of this Act.
In subsection (2), “Act” includes an Act of the Scottish Parliament.
Schedule 4 (which makes provision with respect to transition in relation to this Part) has effect.
In section 130 of the Contributions and Benefits Act (housing benefit) subsection (4) ceases to have effect.
After that section insert—
In Schedule 7 to the Child Support, Pensions and Social Security Act 2000 (c. 19) (housing benefit and council tax benefit: revisions and appeals), in paragraph 4—
in sub-paragraph (1) for “sub-paragraph (4)” substitute “ sub-paragraphs (4) and (4A) ”;
after sub-paragraph (4) insert—
After section 130A of the Contributions and Benefits Act (inserted by section 30) insert—
In section 176(1) of that Act (parliamentary control)—
in paragraph (a), at the appropriate place insert— “ section 130B(4); ”;
in paragraph (c), at the appropriate place insert— “ section 130D(2); ”.
The preceding provisions of this section have no effect after 31st December 2010.
The Secretary of State may by order made by statutory instrument make such provision as he thinks necessary or expedient in consequence of the operation of subsection (3) for the purpose of securing that, with effect from 1st January 2011, housing benefit to which a person who is a former occupier (within the meaning of section 130B of the Contributions and Benefits Act) is entitled is not subject to any restriction as mentioned in subsection (4) of that section.
Subsection (2) applies if a person is entitled to housing benefit or council tax benefit (by virtue of the general conditions of entitlement) and—
he is also entitled to a prescribed benefit or his partner is entitled to such a benefit,
he or his partner ceases to be entitled to the prescribed benefit in prescribed circumstances, and
the prescribed conditions are satisfied.
That person is entitled to housing benefit or council tax benefit in accordance with this section for a prescribed period.
Subsection (2) applies whether or not the person would be entitled to housing benefit or council tax benefit by virtue of the general conditions of entitlement for the whole or any part of the prescribed period.
A person who is entitled to housing benefit or council tax benefit by virtue of subsection (2) must be treated for all purposes—
as having made a claim for that benefit, and
as having complied with any requirement under or by virtue of any enactment in connection with the making of such a claim.
Housing benefit or council tax benefit to which a person is entitled by virtue of subsection (2) is to be funded and administered by the appropriate authority.
Subsection (5) applies whether or not, for the whole or any part of the prescribed period—
for the purposes of establishing an entitlement to housing benefit, the person occupies as his home a dwelling in the area of the authority;
for the purposes of establishing an entitlement to council tax benefit, the person is a resident of a dwelling in the area of the authority.
The amount of housing benefit or council tax benefit payable in respect of a person who is entitled to the benefit by virtue of subsection (2) is to be determined in accordance with regulations made for the purposes of this section.
If an amount of housing benefit or council tax benefit is, by virtue of subsection (2), payable in respect of a person by the appropriate authority for any period, no other amount of housing benefit or council tax benefit is (by virtue of the general conditions of entitlement) payable by that authority in respect of that person for the same period.
Regulations may make provision in connection with the effect of a person's entitlement to housing benefit or council tax benefit by virtue of subsection (2) on an award of such benefit by virtue of the general conditions of entitlement in respect of that person or his partner.
Regulations may provide that where— the amount of the benefit payable by the local authority mentioned in paragraph (b) is to be reduced by an amount determined in such manner as is prescribed.
an amount of housing benefit or council tax benefit is, by virtue of subsection (2), payable in respect of a person by the appropriate authority for the whole or any part of a prescribed period, and
an amount of housing benefit or council tax benefit is (by virtue of the general conditions of entitlement) payable by a local authority which is not that appropriate authority in respect of that person for the whole or any part of that period,
An amount determined for the purposes of subsection (10) may have the effect of reducing the amount mentioned in paragraph (b) of that subsection to nil.
Regulations may make provision as to circumstances in which—
subsection (8) does not apply;
entitlement to housing benefit or council tax benefit of a partner of the person mentioned in subsection (10) is to be treated as the entitlement of that person;
benefit is not to be reduced as mentioned in subsection (10).
For the purposes of subsection (1) a person must be treated as entitled to housing benefit or council tax benefit by virtue of the general conditions of entitlement if—
he is not so entitled to that benefit at the time he or his partner ceases to be entitled to the prescribed benefit as mentioned in subsection (1)(b), and
his entitlement to housing benefit or council tax benefit (as the case may be) ceased during the prescribed period before that time.
The administration provisions apply in relation to housing benefit or council tax benefit to which a person is entitled by virtue of subsection (2) of section 32 subject to—
subsections (4), (5) and (6) of that section;
any prescribed modifications of those provisions which the Secretary of State thinks are necessary or expedient in connection with such housing benefit or council tax benefit.
Modifications under subsection (1)(b) may, in particular, provide that housing benefit or council tax benefit to which a person is entitled by virtue of section 32(2) must or may take the form of a payment by the appropriate authority to another local authority in prescribed circumstances.
In this section the administration provisions are—
the Administration Act;
subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) made in pursuance of that Act.
The power to make regulations under this section or section 32 is exercisable by the Secretary of State by statutory instrument.
A statutory instrument containing regulations under this section or section 32 is subject to annulment in pursuance of a resolution of either House of Parliament.
Section 175(3) to (7) of the Contributions and Benefits Act (supplemental provision as to regulations) applies in relation to regulations under this section and section 32 above as it applies in relation to regulations under that Act.
In section 170 of the Administration Act (Social Security Advisory Committee), in subsection (5)—
in the definition of “the relevant enactments”, after paragraph (ai) insert—;
in the definition of “the relevant Northern Ireland enactments”, after paragraph (ai) insert—.
For the purposes of any enactment other than a relevant enactment—
entitlement to housing benefit by virtue of section 32(2) above is to be treated as entitlement under section 130 of the Contributions and Benefits Act;
entitlement to council tax benefit by virtue of section 32(2) above is to be treated as entitlement under section 131 of that Act.
In subsection (8), the relevant enactments are—
the administration provisions, and
Part 7 of the Contributions and Benefits Act, except sections 123 and 134(2) and (4).
This section has effect for the interpretation of sections 32 and 33.
The general conditions of entitlement are the conditions governing entitlement to housing benefit or council tax benefit provided for by Part 7 of the Contributions and Benefits Act.
The appropriate authority—
in relation to housing benefit is the local authority or housing authority which, immediately before the person concerned ceased to be entitled to the prescribed benefit, funded and administered the housing benefit to which he was entitled;
in relation to council tax benefit is the billing authority or, in Scotland, local authority which, immediately before the person concerned ceased to be entitled to the prescribed benefit, funded and administered the council tax benefit to which he was entitled.
The following expressions have the same meaning as in the Administration Act—
billing authority;
housing authority;
local authority.
Partner, in relation to a person, is a person who is a member of the same couple (within the meaning of Part 7 of the Contributions and Benefits Act) as that person.
Prescribed means prescribed by regulations.
Section 5 of the Administration Act (regulations about claims and benefits) is amended as follows.
After subsection (2) insert—
Subsection (3) ceases to have effect.
After section 122E of the Administration Act (supply of information between authorities administering benefit) insert—
In section 134 of the Administration Act (arrangements for housing benefit), for subsection (2) substitute—
In section 13A of the Local Government Act 1999 (c. 27) (reports of inspections by Auditor General for Wales), after subsection (4) insert—
In section 29 of that Act (modifications for Wales), after subsection (2) insert—
Section 139D of the Administration Act (power to give directions) is amended in accordance with subsections (2) to (8) below.
In subsection (1) (reports that trigger the section), for paragraph (c) substitute—.
In subsection (1), after paragraph (c) insert—.
In subsection (2) for “invite” substitute “ require ”.
After subsection (2) insert—
For subsection (3) substitute—
In subsection (4), for “subsection (3)” substitute “ subsection (3A) ”.
After subsection (4) insert—
After section 139D of that Act insert—
Schedule 5 (which makes miscellaneous minor amendments and amendments consequential on this Part) has effect.
In the Administration Act, after section 7A (sharing of functions as regards certain claims and information) insert—
In section 7A of that Act—
in subsection (1) after paragraph (b) insert—;
in subsection (2) after paragraph (d) insert—;
in subsection (3) for “and (d)” substitute “ , (d) and (e) ”;
in subsection (3)(a) for “(1)(a) or (b)” substitute “ (1)(a), (b) or (c) ”;
in subsection (6) for paragraph (c) substitute—.
A person authorised to exercise any such function of such a county council or an employee of such a person.
Information falling within subsection (3) may be supplied by the person who holds it to a person falling within subsection (4) for purposes connected with the application of grant paid under a relevant enactment towards expenditure incurred by the recipient of the grant—
in providing, or contributing to the provision of, welfare services, or
in connection with such welfare services.
Information falling within subsection (3) which is held for a prescribed purpose by a person falling within any of paragraphs (c) to (h) of subsection (4) may be—
used by that person for another prescribed purpose;
provided to another such person for use in relation to the same or another prescribed purpose.
The information is any information which is held by a person falling within subsection (4) relating to—
income support;
income-based jobseeker's allowance;
income-related employment and support allowance;
state pension credit;
housing benefit;
welfare services.
The persons are—
the Secretary of State;
a person providing services to the Secretary of State;
an authority administering 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;
a local authority to which any grant is or will be paid as mentioned in subsection (1);
a person authorised to exercise any function of such an authority relating to the grant;
a person providing to such an authority services relating to any such function.
Information which is supplied under subsection (1) to an authority or other person falling within subsection (4)(f), (g) or (h) may be supplied by the authority or person to a person who provides qualifying welfare services for purposes connected with the provision of those services.
A person provides qualifying welfare services if—
he provides welfare services,
a local authority contribute or will contribute to the expenditure incurred by him in providing those services, and
that contribution is or will be derived (in whole or in part) from any grant which is or will be paid to the authority as mentioned in subsection (1).
A relevant enactment is an enactment specified by order made by the Secretary of State; and the power to make an order under this subsection is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
In subsection (2) a prescribed purpose is a purpose relating to housing benefit or welfare services which is prescribed by regulations made by the Secretary of State by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
The power to make an order or regulations under this section includes power—
to make different provision for different purposes;
to make such incidental, supplementary, consequential, transitional or saving provision as the Secretary of State thinks necessary or expedient.
In this section—
“joint-claim jobseeker's allowance” means a jobseeker's allowance entitlement to which arises by virtue of section 1(2B) of the Jobseekers Act 1995 (c. 18);
“welfare services” includes services which provide support, assistance, advice or counselling to individuals with particular needs.
In this Part of this Schedule, “relevant benefit week” means the week in relation to which the question of entitlement to an employment and support allowance is being considered.
In section 53(3) of the Education (Scotland) Act 1980 (pupils who qualify for free school meals etc.), in paragraphs (a) and (b), after sub-paragraph (ii) insert—.
In the Local Government Act 2000 (c. 22), sections 94 (disclosure of information) and 95 (unauthorised disclosure of information) are omitted.
A person to whom subsection (2) applies is guilty of an offence if he discloses without lawful authority any information—
which comes to him by virtue of section 42(1), (2) or (5), and
which relates to a particular person.
This subsection applies to—
a person mentioned in section 42(4)(f) to (h);
a person who provides qualifying welfare services (within the meaning of section 42(6));
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 shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both, or
on summary conviction, to imprisonment for a term not exceeding 12 months 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 charged with an offence under this section to prove that at the time of the alleged offence—
he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise, or
he 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 Administration Act.
This section does not affect that section.
Until the commencement of section 282 of the Criminal Justice Act 2003 (c. 44) (increase in maximum term that may be imposed on summary conviction of offence triable either way) the reference in subsection (3)(b) to 12 months must be taken to be a reference to 6 months.
Section 71 of the Administration Act (overpayments) is amended as follows.
Subsection (5) (recovery of overpayments paid into account not recoverable under regulations under subsection (4) unless determination of amount is reversed on appeal etc. and overpayment is determined on the appeal etc. to be so recoverable) ceases to have effect.
In subsection (5A) (recovery of overpayments paid in consequence of misrepresentation etc. not recoverable under subsection (1) unless determination of amount is reversed on appeal etc.) for “under subsection (1) above” substitute “ under subsection (1) or under regulations under subsection (4) ”.
Section 69 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (overpayments) is amended as follows.
Subsection (5) (recovery of overpayments paid into account not recoverable under regulations under subsection (4) unless determination of amount is reversed on appeal etc. and overpayment is determined on the appeal etc. to be so recoverable) ceases to have effect.
In subsection (5A) (recovery of overpayments paid in consequence of misrepresentation etc. not recoverable under subsection (1) unless determination of amount is reversed on appeal etc.) for “under subsection (1) above” substitute “ under subsection (1) or under regulations under subsection (4) ”.
The amendments made by this section have effect only in relation to child benefit and guardian's allowance.
Section 110A of the Administration Act (authorisation of investigations by authorities administering housing benefit or council tax benefit) is amended as follows.
In subsection (1) for “any one or more of the purposes mentioned in subsection (2) below” substitute “ a relevant purpose ”.
After subsection (1) insert—
In subsection (2) for “Those purposes” substitute “ The purposes in this subsection ”.
In subsection (8), after paragraph (c) insert— “ but paragraphs (a) and (b) above do not apply in any case where the relevant purpose is as mentioned in subsection (1A)(b) above. ”
After section 116 of the Administration Act (legal proceedings) insert—
Section 122C of the Administration Act (supply of information to authorities administering benefit) is amended as follows—
in subsection (2) at the end insert “ or for the purposes of anything the authority is permitted to do in relation to any other benefit by virtue of section 110A or 116A above ”;
in subsection (3)(a) for “offences relating to housing benefit or council tax benefit” substitute “ benefit offences (within the meaning of Part 6 above) ”.
Section 122D of that Act (supply of information by authorities administering benefit) is amended as follows—
in subsection (1), for “benefit administration information” substitute “ relevant benefit information ”;
in subsection (2A), after “subsection (2)” insert “ , in addition to any other purpose for which the information may be used, ”;
for subsection (4) substitute—;
in subsection (5), in each place where it occurs for “housing benefit or council tax benefit” substitute “ any relevant social security benefit ”;
“relevant social security benefit” has the same meaning as in section 121DA above;
Section 122E of that Act (supply of information between authorities administering benefit) is amended as follows—
in subsection (1) for “benefit administration information” substitute “ relevant benefit information ”;
in subsection (2)(a) for “offences relating to housing benefit or council tax benefit” substitute “ benefit offences (within the meaning of Part 6 above) ”;
for subsection (6) substitute—
In section 126A of that Act (power to require information from landlords and agents), in subsection (8) for “benefit administration information” substitute “ relevant benefit information ”.
In section 7 of the Social Security Fraud Act 2001 (c. 11) (loss of benefit for commission of benefit offences) in subsection (1)(b) (period within which later offence must be committed), for “three years” substitute “ five years ”.
The amendment made by subsection (1) shall be disregarded insofar as the application of section 7(1)(b) of that Act involves considering whether an offence committed before the day on which this section comes into force was committed within the relevant period.
In section 37(2) of the Contributions and Benefits Act (which links entitlement to widowed mother's allowance on the ground of being entitled to child benefit to whether one of the conditions specified in section 77(5) of the Act is satisfied), the words from “one of the conditions” to “person and” are omitted.
In section 39A(3) of the Contributions and Benefits Act (which links entitlement to widowed parent's allowance on the ground of being entitled to child benefit to whether one of the conditions specified in section 77(5) of the Act is satisfied), the words from “one of the conditions” to “person and” are omitted.
Section 72 of the Contributions and Benefits Act (care component of disability living allowance) is amended as follows.
After subsection (1) insert—
After subsection (2) insert—
In subsection (5) (terminally ill person to be taken to have satisfied the conditions mentioned in subsection (1)(b) and (c)), after “person, shall” insert “ (notwithstanding subsection (1A)(b)) ”.
Subsection (6) (modifications for persons under 16) ceases to have effect.
In subsection (7), for “subsections (5) and (6)” substitute “ subsection (5) ”.
After that subsection insert—
Section 73 of the Contributions and Benefits Act (mobility component of disability living allowance) is amended as follows.
For subsection (4) substitute—
In subsection (5), omit “Subject to subsection (4) above,”.
After that subsection insert—
After subsection (9) insert—
In section 140(1A) of the Contributions and Benefits Act (principles for determining awards of budgeting loans)—
in paragraph (b) (duty to have regard to criteria specified in paragraphs (b) to (e) of subsection (1)), for “(b) to (e)” substitute “ (b), (d) and (e) ”, and
the words following paragraph (b) (which enable the Secretary of State to give directions about cases in which the applicant's personal circumstances would preclude the award of a budgeting loan) cease to have effect.
Section 168 of the Administration Act (allocations from social fund) is amended as follows.
In subsection (1) (duty of Secretary of State to allocate amounts for payments from the social fund such as are mentioned in section 138(1)(b) of the Contributions and Benefits Act), after “Act” insert “ (in this section referred to as “section 138(1)(b) payments”) ”.
In subsection (3) (types of allocation that may be made)—
for paragraph (a) substitute—;
in paragraph (b) (power to allocate different amounts for different purposes), for “different purposes” substitute “ payments of different descriptions ”; and
in paragraph (d) (additional allocations), omit the words from “to the same officer” to the end.
After subsection (3) insert—
Section 2 of the Vaccine Damage Payments Act 1979 (c. 17) (conditions of entitlement) is amended as follows.
For subsection (5) substitute—
In subsection (6), for “that subsection” substitute “ this section ”.
The Vaccine Damage Payments Act 1979 is amended as follows.
In section 4 (appeals to appeal tribunals), in subsection (1) (right of appeal), for “an appeal tribunal” substitute “ an appropriate appeal tribunal ” and after that subsection insert—
In that section, after subsection (3) insert—
In section 7A (correction of errors and setting aside of decisions), after subsection (1) insert—
In section 12 (financial provisions), after subsection (3) insert—
The Pneumoconiosis etc. (Workers' Compensation) Act 1979 (c. 41) is amended as follows.
“relevant employer” has the meaning given in the Schedule to this Act.
Insert the Schedule (definition of “relevant employer”) set out in Schedule 6.
In section 7(3) (regulations subject to affirmative resolution), after “section 1 above” insert “ or paragraph 9 of the Schedule to this Act ”.
In section 3 of the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (dependants), in subsection (1) (definition of “dependant”)—
in paragraph (a), after “spouse”, in each place, insert “ or civil partner ”; and
for paragraph (c) substitute—.
After subsection (2) of that section insert—
Subsection (5) of that section (application of subsection (1) to Scotland: substitution of paragraph (c)) ceases to have effect.
In Schedule 21 to the Civil Partnership Act 2004 (c. 33) (existing provisions to which the provisions of section 246 about interpretation of references to stepchildren apply), after paragraph 11 insert—
In section 67 of the Contributions and Benefits Act (exclusions relating to attendance allowance) for subsection (2) substitute—
In section 72 of that Act (care component of disability living allowance), for subsection (8) substitute—
In section 1(1) of the Disability (Grants) Act 1993 (c. 14) (which lists the organisations to which grants may be made by the Secretary of State)—
paragraphs (a) and (b) (Independent Living (Extension) Fund and Independent Living (1993) Fund) cease to have effect;
after paragraph (c) insert, and
In section 1(4) of that Act (modifications for Northern Ireland), in paragraph (a) (which substitutes for the Secretary of State the relevant Northern Ireland department), after “(other than the reference in subsection (1)(a) to the Secretary of State for Social Security” insert “ and the reference in subsection (1)(d) to the Secretary of State for Work and Pensions ”.
The Secretary of State may by order made by statutory instrument amend or revoke any enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) if he considers it appropriate to do so in consequence of the amendments made by this section.
A statutory instrument containing an order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The Department for Social Development in Northern Ireland may by order made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) amend or revoke any enactment contained in an instrument within the meaning of section 1(c) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) if it considers it appropriate to do so in consequence of the amendments made by this section.
A statutory rule containing an order under subsection (5) shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
The Social Security Act 1998 (c. 14) is amended as follows.
In section 19 (medical examination required by Secretary of State), in subsections (1) and (2)(b), for “medical practitioner” substitute “ health care professional approved by the Secretary of State ”.
In section 20 (medical examination required by appeal tribunal), in subsection (2), for “medical practitioner” substitute “ health care professional approved by the Secretary of State ”.
In that section, after subsection (2), insert—
“health care professional” means—
Schedule 7 (which makes miscellaneous minor amendments and amendments consequential on this Part) has effect.
This section applies to an Order in Council under paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of devolved government) which contains a statement that it is made only for purposes corresponding to those of this Act.
Such an Order—
is not subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but
is subject to annulment in pursuance of a resolution of either House of Parliament.
In this Act—
Except in prescribed circumstances, a person is not entitled to an employment and support allowance in respect of a prescribed number of days at the beginning of a period of limited capability for work.
The Vaccine Damage Payments Act 1979 is amended as follows. In section 4(2) (power to make regulations about appeals), at the beginning insert “In relation to appeals under subsection (1) to an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998,”. In section 4(3) (provision which may be made under the preceding subsection), for “The regulations” substitute “Regulations under subsection (2)”. In section 7A (correction of errors and setting aside of decisions)— In section 8 (regulations), in subsection (1) (references in the Act to regulations are to regulations made by the Secretary of State), after “provisions of this Act” insert “, except sections 4(3A) and (3B) and 7A(1A),”. In that section, in subsection (3) (provision which may be contained in regulations made by the Secretary of State)— In that section, at the end insert— After section 9 insert— In section 12(3)(b) (duty of Secretary of State to pay travelling and other allowances to persons required to attend before tribunals under section 4)—
In section 38(7) of the Social Security Act 1998 (principles applicable on review of social fund determination), at the end of paragraph (a)(i) insert “and”.
“Administration Act” means the Social Security Administration Act 1992 (c. 5);
There shall be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State in consequence of Parts 2 to 4 of this Act, and
any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
There shall be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other enactment.
The enactments specified in Schedule 8 are hereby repealed to the extent specified.
The Secretary of State may by order made by statutory instrument make in connection with the coming into force of any provision of this Act, except Part 1, such transitional provision or savings as he considers necessary or expedient.
The power under subsection (1) includes power to make—
different provision for different cases or areas;
incidental, supplementary and consequential provision.
Subject to the following provisions, this Act extends to England and Wales and Scotland only.
The following provisions extend to England and Wales only—
sections 42(1) to (10) and 43, and
paragraphs 6, 11(2) and 16 of Schedule 3.
Paragraphs 1, 2, 4, 11(3), 14 and 22 of Schedule 3 extend to Scotland only.
The following provisions also extend to Northern Ireland—
sections 33(7), 49, 56, 57, 61, 64, 65, 68, this section and sections 70 and 71,
paragraph 15 of Schedule 2, and sections 22 and 24 to 26 so far as relating thereto,
paragraphs 5, 10(1) and (28), 17(1) and (2), 19, 23(1) to (3) and (6) to (8) and 24 of Schedule 3, and section 28 so far as relating thereto,
paragraph 1 of Schedule 7, and section 63 so far as relating thereto, and
Schedule 8, so far as relating to the Vaccine Damage Payments Act 1979 (c. 17), the Income and Corporation Taxes Act 1988 (c. 1), the Disability (Grants) Act 1993 (c. 14), section 2 of the Social Security Act 1998 (c. 14) and the Income Tax (Earnings and Pensions) Act 2003 (c. 1), and section 67 so far as relating thereto.
The following provisions extend to Northern Ireland only—
section 45, and
Schedule 8, so far as relating to the Social Security Administration (Northern Ireland) Act 1992 (c. 8), and section 67 so far as relating thereto.
The following provisions also extend to the Isle of Man—
sections 56 and 57, section 68, this section and sections 70 and 71,
paragraph 1 of Schedule 7, and section 63 so far as relating thereto, and
Schedule 8, so far as relating to the Vaccine Damage Payments Act 1979, and section 67 so far as relating thereto.
The following provisions shall come into force at the end of the period of 2 months beginning with the day on which this Act is passed—
sections 41(2) and (3), 44, 45, 54, 55, 59, 61(1)(b) and (2) to (6) and 62,
paragraphs 1 to 4, 10, 11 and 14 of Schedule 5, and section 40 so far as relating thereto,
paragraphs 2(1) and (3), 3 and 4 of Schedule 7, and section 63 so far as relating thereto, and
Schedule 8, so far as relating to— and section 67 so far as relating thereto.
section 3(5) of the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (c. 41),
section 140(1A) of the Contributions and Benefits Act,
sections 71(5), 71ZA(2), 134(8)(a) and 168(3)(d) of the Administration Act,
section 69(5) of the Social Security Administration (Northern Ireland) Act 1992,
Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c. 39),
section 38(7)(a) of, and paragraph 81(2) of Schedule 7 to, the Social Security Act 1998 (c. 14), and
paragraph 65 of Schedule 24 to the Civil Partnership Act 2004 (c. 33),
The remaining provisions of this Act, except— shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different purposes.
this section,
sections 64, 65, 66, 68, 69 and 71, and
paragraph 8 of Schedule 5, and section 40 so far as relating thereto,
This Act may be cited as the Welfare Reform Act 2007.
Section 15A
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