129 Unlawful disclosure of information supplied under section 128
(1) A person to whom information is supplied under section 128, or an employee or former employee of such a person, may not disclose the information if it relates to a particular person.
(2) Subsection (1) does not apply to—
(a) a disclosure of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it;
(b) a disclosure made for the purposes of a function of the Director of Public Prosecutions, where the disclosure does not contravene any restriction imposed by the Director;
(c) a disclosure made to the Secretary of State, or a person providing services to the Secretary of State, for the purposes of the exercise of functions relating to social security matters (within the meaning of section 128) or child support;
(d) a disclosure made for the purposes of a criminal investigation or criminal proceedings (whether or not in the United Kingdom);
(e) a disclosure made for the purposes of—
(i) the exercise of any functions of the prosecutor under Parts 2, 3 and 4 of the Proceeds of Crime Act 2002;
(ii) the exercise of any functions of the Serious Organised Crime Agency under that Act;
(iii) the exercise of any functions of the Director of the Serious Fraud Office, the Director of Public Prosecutions for Northern Ireland or the Scottish Ministers under, or in relation to, Part 5 or 8 of that Act;
(iv) investigations or proceedings outside the United Kingdom which have led or may lead to the making of an external order within the meaning of section 447 of that Act;
(f) a disclosure made to a person exercising public functions of law enforcement for the purposes of the exercise of those functions in civil proceedings;
(g) a disclosure which in the opinion of the Director of Public Prosecutions is desirable for the purpose of safeguarding national security;
(h) a disclosure made in pursuance of an order of a court;
(i) a disclosure made with the consent of each person to whom the information relates.
(3) Subsection (1) does not apply in relation to information relating to schemes and arrangements under section 2 of the Employment and Training Act 1973.
(4) Subsection (1) is subject to any other Act or to an instrument made under an Act.
(5) A person who contravenes subsection (1) commits an offence.
(6) It is a defence for a person charged with an offence under this section of disclosing information to prove that he or she reasonably believed—
(a) that the disclosure was lawful, or
(b) that the information had already and lawfully been made available to the public.
(7) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both, or
(b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine not exceeding the statutory maximum or both.
(8) A prosecution for an offence under this section may be instituted only with the consent of the Director of Public Prosecutions.
(9) In relation to an offence under this section committed before 2 May 2022, the reference in subsection (7)(b) to the general limit in a magistrates’ court shall have effect as if it were a reference to six months.
130 Information-sharing in relation to provision of overnight care etc
(1) This section applies where a local authority holds information falling within subsection (2) in relation to a person who is receiving or is likely to receive a relevant service.
(2) The information referred to in subsection (1) is—
(a) information as to the fact of the provision or likely provision of the service;
(b) information about when the provision of the service begins or ends or is likely to do so;
(c) other prescribed information relating to the service provided and how it is funded (including the extent to which it is funded by the recipient).
(3) In this section “relevant service means—
(a) a service consisting of overnight care in the individual's own home provided by or on behalf of a local authority;
(b) a residential care service provided by or on behalf of a local authority;
(c) a service consisting of overnight hospital accommodation.
(4) In subsection (3)(c) “hospital accommodation” means—
(a) in relation to England, hospital accommodation within the meaning of the National Health Service Act 2006 which is provided by ... an NHS trust or an NHS foundation trust;
(b) in relation to Wales, hospital accommodation within the meaning of the National Health Service (Wales) Act 2006 which is provided by a Local Health Board or an NHS trust;
(c) in relation to Scotland, hospital accommodation within the meaning of the National Health Service (Scotland) Act 1978 which is provided by a Health Board or Special Health Board but excluding accommodation in an institution for providing dental treatment maintained in connection with a dental school.
(5) The local authority may—
(a) itself use the information for purposes relating to the payment of a relevant benefit to the individual, or
(b) supply the information to a person specified in subsection (6) for those purposes.
(6) The persons referred to in subsection (5) are—
(a) the Secretary of State;
(b) a person providing services to the Secretary of State;
(c) a local authority;
(d) a person authorised to exercise any function of a local authority relating to a relevant benefit;
(e) a person providing services relating to a relevant benefit to a local authority.
(7) In this section “relevant benefit“ means—
(a) universal credit;
(b) housing benefit;
(c) council tax benefit;
(d) any prescribed benefit.
(8) Regulations under subsection (7)(d) may not prescribe a benefit provision for which is within the legislative competence of the Scottish Parliament.
131 Information-sharing in relation to welfare services etc
(1) The Secretary of State, or a person providing services to the Secretary of State, may supply relevant information to a qualifying person for prescribed purposes relating to welfare services or council tax.
(2) A qualifying person who holds relevant information for a prescribed purpose relating to welfare services may supply that information to—
(a) the Secretary of State, or
(b) a person providing services to the Secretary of State,
for a prescribed purpose relating to a relevant social security benefit.
(3) A qualifying person who holds relevant information for a prescribed purpose relating to welfare services, council tax or housing benefit may—
(a) use the information for another prescribed purpose relating to welfare services, council tax or housing benefit;
(b) supply it to another qualifying person for use in relation to the same or another prescribed purpose relating to welfare services, council tax or housing benefit.
(4) Relevant information supplied under subsection (1) or (3) to a qualifying person may be supplied by that person to a person who provides qualifying welfare services for purposes connected with the provision of those services.
(5) In subsection (4) services are qualifying welfare services if—
(a) a local authority, or
(b) a person who is a qualifying person by virtue of subsection (11) (g),
contributes or will contribute to the expenditure incurred in their provision.
(6) The Secretary of State may not exercise the power in subsection (3) to prescribe purposes for which information may be supplied by a qualifying person so as to prescribe an excepted purpose in relation to excepted information held by a Welsh body.
(7) In subsection (6)—
(a) excepted information is information held by the Welsh body that—
(i) is not supplied by, or derived from information supplied to another person by, the Secretary of State or a person providing services to the Secretary of State or a person engaged in the administration of housing benefit, and
(ii) is held only for an excepted purpose;
(b) an excepted purpose is a purpose relating to a matter provision for which—
(i) is within the legislative competence of the National Assembly for Wales, or
(ii) is made by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.
(8) The Secretary of State may not exercise the power in subsection (3) to prescribe purposes for which information may be supplied by a qualifying person so as to prescribe an excepted purpose in relation to excepted information held by a Scottish body.
(9) In subsection (8)—
(a) excepted information is information held by the Scottish body that—
(i) is not supplied by, or derived from information supplied to another person by, the Secretary of State or a person providing services to the Secretary of State or a person engaged in the administration of housing benefit, and
(ii) is held only for an excepted purpose;
(b) an excepted purpose is a purpose relating to a matter provision for which is within the legislative competence of the Scottish Parliament.
(10) Subsections (1) to (4) do not apply in a case where the supply or use of information is authorised by section 130.
(11) In this section “qualifying person“ means—
(a) a local authority;
(b) a person authorised to exercise any function of such an authority relating to welfare services or council tax;
(c) a person providing services to a local authority relating to welfare services or council tax;
(d) an authority which administers housing benefit;
(e) a person authorised to exercise any function of such an authority relating to housing benefit;
(f) a person providing to such an authority services relating to housing benefit; or
(g) a person prescribed or of a description prescribed by the Secretary of State.
(12) In this section—
“council tax” includes any local tax to fund local authority expenditure;
“person engaged in the administration of housing benefit” means—
an authority which administers housing benefit,
a person authorised to exercise any function of such an authority relating to housing benefit, or
a person providing to such an authority services relating to housing benefit;
“relevant information” means information relating to—
any relevant social security benefit, or
welfare services;
“relevant social security benefit” means—
a relevant social security benefit as defined in section 121DA(7) of the Social Security Administration Act 1992, or
a loan under section 18 of the Welfare Reform and Work Act 2016 (loans for mortgage interest etc);
“Scottish body” means—
a local authority in Scotland,
a person authorised to exercise any function of such an authority relating to welfare services,
a person providing to a local authority in Scotland services relating to welfare services, or
a person prescribed or of a description prescribed by the Secretary of State;
“welfare services” includes services which provide accommodation, support, assistance, advice or counselling to individuals with particular needs, and for these purposes “assistance” includes assistance by means of a grant or loan or the provision of goods or services;
“Welsh body” means—
a local authority in Wales,
a person authorised to exercise any function of such an authority relating to welfare services,
a person providing to a local authority in Wales services relating to welfare services, or
a person prescribed or of a description prescribed by the Secretary of State.
132 Unlawful disclosure of information supplied under section 131
(1) A person to whom subsection (2) applies is guilty of an offence if the person discloses without lawful authority any information—
(a) which comes to the person by virtue of section 131(1), (3) or (4), and
(b) which relates to a particular person.
(2) This subsection applies to—
(a) a person mentioned in section 131(11) (a) to (c);
(b) a person who provides qualifying welfare services (within the meaning of section 131);
(c) 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);
(d) a person who is or has been an employee of a person mentioned in paragraph (a) or (b).
(3) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both, or
(b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine not exceeding the statutory maximum or both.
(4) It is not an offence under this section—
(a) 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;
(b) to disclose information which has previously been disclosed to the public with lawful authority.
(5) It is a defence for a person (“D”) charged with an offence under this section to prove that at the time of the alleged offence—
(a) D believed that D was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise, or
(b) D believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.
(6) A disclosure is made with lawful authority if it is so made for the purposes of section 123 of the Social Security Administration Act 1992.
(7) This section does not affect that section.
(8) Regulations under section 131(11) (g) may include provision for applying the provisions of this section to—
(a) a person who is a qualifying person within the meaning of section 131 by virtue of the regulations, or
(b) a person associated with such a qualifying person by reason of the person's office or employment or otherwise.
(9) In relation to an offence under this section committed in England and Wales before 2 May 2022 the reference in subsection (3) (b) to the general limit in a magistrates’ court must be taken to be a reference to six months.
(1) In sections 130 and 131—
“benefit” includes any allowance, payment, credit or loan;
“local authority” means—
a county or district council in England;
an eligible parish council (within the meaning of Chapter 1 of Part 1 of the Localism Act 2011);
a London borough council;
the Common Council of the City of London in its capacity as a local authority;
the Council of the Isles of Scilly;
a county or county borough council in Wales;
a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“prescribed” means prescribed in regulations made by the Secretary of State.
(2) Any power to make regulations under sections 130 and 131 includes power—
(a) to make different provision for different purposes, cases and areas;
(b) to make such incidental, supplemental, consequential, transitional or saving provision as the Secretary of State thinks necessary or expedient.
(3) Regulations under sections 130 and 131 must be made by statutory instrument.
(4) A statutory instrument containing regulations under section 130 or 131 is subject to annulment in pursuance of a resolution of either House of Parliament.
(5) Until the coming into force of provision for identifying eligible parish councils within the meaning of Chapter 1 of Part 1 of the Localism Act 2011, the reference in subsection (1) to an eligible parish council within the meaning of that Chapter is to be read as a reference to an eligible parish council within the meaning of Part 1 of the Local Government Act 2000.
(6) The following are repealed—
(a) sections 42 and 43 of the Welfare Reform Act 2007;
(b) section 69(2)(a) of that Act.
134 Information-sharing for social security or employment purposes etc
(1) Section 72 of the Welfare Reform and Pensions Act 1999 (supply of information for certain purposes) is amended as follows.
(2) In subsection (2)(b), after “designated“ there is inserted “(specifically or by description)”.
(3) The following are repealed—
(a) in subsection (6), the words “(subject to subsection (6A))”;
(b) subsection (6A).
(4) In Schedule 1 to the Education and Skills Act 2008, paragraph 74(3) and (4) is repealed.
In the Registration Service Act 1953, after section 19 there is inserted—
Functions relating to transmission of information to Secretary of State
19A (1) The functions of a registrar of births and deaths, a superintendent registrar and the Registrar General include the power to—
(a) transmit information contained in a declaration made under section 9(1) of the Births and Deaths Registration Act 1953 or entered in a register of births to the Secretary of State, and
(b) verify such information for the Secretary of State,
for the purposes of the service in subsection (2).
(2) That service is a service operated by the Secretary of State by which—
(a) individuals may transmit information about births to the Secretary of State, and
(b) that information may be transmitted to other persons by the Secretary of State.
(3) References in subsections (1) and (2) to the Secretary of State include persons providing services to the Secretary of State for the purpose of the service referred in subsection (2).
(4) This section does not authorise any disclosure which is unlawful—
(a) by virtue of any enactment, or
(b) by reason of the law relating to confidentiality or privacy.
(1) In section 9 of the Child Support Act 1991 (maintenance agreements), after subsection (2) there is inserted—
(2A) The Secretary of State may, with a view to reducing the need for applications under sections 4 and 7—
(a) take such steps as the Secretary of State considers appropriate to encourage the making and keeping of maintenance agreements, and
(b) in particular, before accepting an application under those sections, invite the applicant to consider with the Secretary of State whether it is possible to make such an agreement.
(2) In Schedule 5 to the Child Maintenance and Other Payments Act 2008 (maintenance calculations: transfer of cases to new rules), in paragraph 3, after sub-paragraph (2) there is inserted—
(3) The Secretary of State may before accepting an application required by provision under sub-paragraph (2)(b) invite the applicant to consider with the Secretary of State whether it is possible to make a maintenance agreement (within the meaning of section 9 of the Child Support Act 1991).
(1) The Child Support Act 1991 is amended as follows.
(2) In section 4 (child support maintenance)—
(a) in subsection (2), the words from “or“ to “made” are repealed;
(b) after subsection (2) there is inserted—
(2A) The Secretary of State may only make arrangements under subsection (2)(a) if—
(a) the non-resident parent agrees to the arrangements, or
(b) the Secretary of State is satisfied that without the arrangements child support maintenance is unlikely to be paid in accordance with the calculation.
(3) In section 7 (right of child in Scotland to apply for calculation)—
(a) in subsection (3), for the words from “person with care” to “made or” there is substituted “ person with care or ”;
(b) after subsection (3) there is inserted—
(3A) The Secretary of State may only make arrangements under subsection (3)(a) if—
(a) the non-resident parent agrees to the arrangements, or
(b) the Secretary of State is satisfied that without the arrangements child support maintenance is unlikely to be paid in accordance with the calculation.
(4) In section 29 (collection of child support maintenance), in subsection (1), after “may” there is inserted “ (subject to section 4(2A) and 7(3A)) ”.
139 Recovery of child support maintenance by deduction from benefit
In section 43 of the Child Support Act 1991 (as substituted by the Child Support, Pensions and Social Security Act 2000), for subsections (1) and (2) there is substituted—
(1) The power of the Secretary of State to make regulations under section 5 of the Social Security Administration Act 1992 by virtue of subsection (1)(p) of that section may be exercised with a view to securing the making of payments in respect of child support maintenance by a non-resident parent.
(2) The reference in subsection (1) to the making of payments in respect of child support maintenance includes the recovery of—
(a) arrears of child support maintenance, and
(b) fees payable under section 6 of the Child Maintenance and Other Payments Act 2008.
In section 6 of the Child Maintenance and Other Payments Act 2008 (fees), in subsection (2)—
(a) in paragraph (d), at the end there is inserted “”; “(including provision for the apportionment of fees and the matters to be taken into account in determining an apportionment)”
(b) in paragraph (g), “waiver” is repealed;
(c) after paragraph (g) there is inserted—
(h) about waiver of fees (including the matters to be taken into account in determining a waiver).
In section 6 of the Child Maintenance and Other Payments Act 2008 (fees), after subsection (3) there is inserted—
(3A) The Secretary of State must review the effect of the first regulations made under subsection (1).
(3B) The review must take place before the end of the period of 30 months beginning with the day on which those regulations come into force.
(3C) After the review, the Secretary of State must make and publish a report containing—
(a) the conclusions of the review, and
(b) a statement as to what the Secretary of State proposes to do in view of those conclusions.
(3D) The report must be laid before Parliament by the Secretary of State.
142 Exclusion from individual voluntary arrangements
(1) In the Insolvency Act 1986, in section 382 (meaning of “bankruptcy debt” etc), at the end there is inserted—
(5) Liability under the Child Support Act 1991 to pay child support maintenance to any person is not a debt or liability for the purposes of Part 8.
(2) In the heading to that section, after “bankruptcy debt” there is substituted “ , “liability” ”.
In the Employment and Training Act 1973, after section 2 (duty of Secretary of State to make arrangements for assisting persons to find employment etc) there is inserted—
Restriction on section 2 arrangements: sex industry
2A (1) Arrangements made by the Secretary of State under section 2 may not include arrangements in respect of employment for sexual purposes.
(2) For the purposes of this section employment is for sexual purposes if—
(a) it involves the employee engaging in an activity, and
(b) the employee's activity, or the way in which it is performed, may reasonably be assumed to be intended solely or principally to stimulate one or more other persons sexually (by whatever means).
(3) The Secretary of State may by order specify exceptions to subsection (1).
(4) A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) Section 9 of the Child Poverty Act 2010 (UK strategies) is amended as follows.
(2) In subsection (7)(a)(i)—
(a) for “progress” there is substituted “ measures ”;
(b) for “needs to be made” there is substituted “ need to be taken ”.
(3) In subsection (7)(a)(ii)—
(a) for “progress” there is substituted “ measures ”;
(b) for “intends to make” there is substituted “ proposes to take ”;
(c) for “in achieving” there is substituted “ to achieve ”.
(4) In subsection (7)(b)—
(a) for “progress” there is substituted “ measures (other than those described under paragraph (a)) ”;
(b) for “intends to make” there is substituted “ proposes to take ”;
(c) for “in achieving” there is substituted “ to achieve ”;
(d) the words from “otherwise than” to the end are repealed.
(5) In subsection (8), for paragraphs (b) and (c) there is substituted “and
(b) give an account (in such manner as the Secretary of State considers appropriate) of the effect of those measures, so far as relating to the purposes mentioned in subsection (2).
There shall be paid out of money provided by Parliament—
(a) sums paid by the Secretary of State by way of universal credit or personal independence payment;
(b) any other expenditure incurred in consequence of this Act by a Minister of the Crown or the Commissioners for Her Majesty's Revenue and Customs;
(c) any increase attributable to this Act in the sums payable under any other Act out of money so provided.
(1) This Act extends to England and Wales and Scotland only, subject as follows.
(2) The following provisions extend to England and Wales, Scotland and Northern Ireland—
(a) section 32 (power to make consequential and supplementary provision: universal credit);
(b) section 33 (abolition of benefits);
(c) section 76 (calculation of working tax credit);
(d) section 92 (power to make consequential and supplementary provision: personal independence payment);
(e) section 126(1) to (13) (tax credits: transfer of functions etc);
(f) section 127(1) to (9) (information-sharing between Secretary of State and HMRC);
(g) this Part, excluding Schedule 14 (repeals).
(3) Sections 128 and 129 extend to England and Wales only.
(4) Any amendment or repeal made by this Act has the same extent as the enactment to which it relates.
(1) The following provisions of this Act come into force on the day on which it is passed—
(a) section 76 (calculation of working tax credit);
(b) section 103 and Schedule 12 (supersession of decisions of former appellate bodies) (but see section 103(2));
(c) section 108 (application of Limitation Act 1980) (but see section 108(4));
(d) section 109 (recovery of fines etc by deductions from employment and support allowance) (but see section 109(3));
(e) section 126 (tax credits: transfer of functions etc);
(f) this Part, excluding Schedule 14 (repeals).
(2) The following provisions of this Act come into force at the end of the period of two months beginning with the day on which it is passed—
(a) section 50 (dual entitlement to employment and support allowance and jobseeker's allowance);
(b) section 60 and Part 6 of Schedule 14 (claimants dependent on drugs etc);
(c) sections 71 and 72 (social fund: purposes of discretionary payments and determination of amount or value of budgeting loan);
(d) section 107 (recovery of child benefit and guardian's allowance);
(e) section 111 (time limit for legal proceedings);
(f) section 127 and Part 13 of Schedule 14 (information-sharing between Secretary of State and HMRC);
(g) section 134 (information-sharing for social security or employment purposes etc);
(h) section 135 (functions of registration service);
(i) section 142 (exclusion of child support maintenance from individual voluntary arrangements);
(j) section 145 and Schedule 13 (Social Mobility and Child Poverty Commission);
(k) Part 2 of Schedule 14 (entitlement to jobseeker's allowance without seeking employment).
(3) The remaining provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
(4) An order under subsection (3) may—
(a) appoint different days for different purposes;
(b) appoint different days for different areas in relation to—
(i) any provision of Part 1 (universal credit) or of Part 1 of Schedule 14;
(ii) section 61 or 62 (entitlement to work: jobseeker's allowance and employment and support allowance);
(iii) any provision of Part 4 (personal independence payment) or of Part 9 of Schedule 14;
(iv) section 102 (consideration of revision before appeal);
(c) make such transitory or transitional provision, or savings, as the Secretary of State considers necessary or expedient.
Section 30
Entitlement of joint claimants
1 Regulations may provide for circumstances in which joint claimants may be entitled to universal credit without each of them meeting all the basic conditions referred to in section 4.
Couples
3 (1) Regulations may provide—
(a) for a claim made by members of a couple jointly to be treated as a claim made by one member of the couple as a single person (or as claims made by both members as single persons);
(b) for claims made by members of a couple as single persons to be treated as a claim made jointly by the couple.
(2) Regulations may provide—
(a) where an award is made to joint claimants who cease to be entitled to universal credit as such by ceasing to be a couple, for the making of an award (without a claim) to either or each one of them—
(i) as a single person, or
(ii) jointly with another person;
(b) where an award is made to a single claimant who ceases to be entitled to universal credit as such by becoming a member of a couple, for the making of an award (without a claim) to the members of the couple jointly;
(c) for the procedure to be followed, and information or evidence to be supplied, in relation to the making of an award under this paragraph.
Calculation of capital and income
4 (1) Regulations may for any purpose of this Part provide for the calculation or estimation of—
(a) a person's capital,
(b) a person's earned and unearned income, and
(c) a person's earned and unearned income in respect of an assessment period.
(2) Regulations under sub-paragraph (1)(c) may include provision for the calculation to be made by reference to an average over a period, which need not include the assessment period concerned.
(3) Regulations under sub-paragraph (1) may—
(a) specify circumstances in which a person is to be treated as having or not having capital or earned or unearned income;
(b) specify circumstances in which income is to be treated as capital or capital as earned income or unearned income;
(c) specify circumstances in which unearned income is to be treated as earned, or earned income as unearned;
(d) provide that a person's capital is to be treated as yielding income at a prescribed rate;
(e) provide that the capital or income of one member of a couple is to be treated as that of the other member.
(4) Regulations under sub-paragraph (3)(a) may in particular provide that persons of a prescribed description are to be treated as having a prescribed minimum level of earned income.
(5) In the case of joint claimants the income and capital of the joint claimants includes (subject to sub-paragraph (6)) the separate income and capital of each of them.
(6) Regulations may specify circumstances in which capital and income of either of joint claimants is to be disregarded in calculating their joint capital and income.
Responsibility for children etc
5 (1) Regulations may for any purpose of this Part specify circumstances in which a person is or is not responsible for a child or qualifying young person.
(2) Regulations may for any purpose of this Part make provision about nominations of the responsible carer for a child (see section 19(6)(b)(ii)).
Work-related requirements
7 Regulations may provide that a claimant who—
(a) has a right to reside in the United Kingdom under the EU Treaties, and
(b) would otherwise fall within section 19, 20 or 21,
is to be treated as not falling within that section.
Section 31
Children Act 1989 (c. 41)
1 In the Children Act 1989, in the following provisions, after “in receipt” there is inserted “ of universal credit (except in such circumstances as may be prescribed), ”
(a) section 17(9) (provision of services to children in need, their families and others);
(b) section 17A(5)(b) (direct payments);
(c) section 29(3) and (3A) (recoupment of cost of providing services etc);
(d) paragraph 21(4) of Schedule 2 (local authority support for children and families).
Child Support Act 1991 (c. 48)
2 In the Child Support Act 1991, in paragraph 5 of Schedule 1 (maintenance calculations), as it has effect apart from section 1 of the Child Support, Pensions and Social Security Act 2000, in sub-paragraph (4) after “Where” there is inserted “ universal credit (in such circumstances as may be prescribed), ”.
Social Security Administration Act 1992 (c. 5)
3 The Social Security Administration Act 1992 is amended as follows.
4 In section 1 (entitlement to benefit dependent on claim), in subsection (4), before paragraph (a) there is inserted—
(za) universal credit;
.
5 In section 5 (regulations about claims and payments)—
(a) in subsection (2), before paragraph (a) there is inserted—
(za) universal credit;
;
(b) in subsection (6), after “in relation to“ there is inserted “universal credit or”.
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 In section 74 (income support and other payments), in subsection (2)(b), after “by way of” there is inserted “ universal credit or ”.
8 In section 74A (payments of benefit where maintenance payments collected by Secretary of State), in subsection (7), after “applies are” there is inserted “ universal credit, ”.
9 In section 78 (recovery of social fund awards), in subsection (6)(d), after “receiving” there is inserted “ universal credit, ”.
10 In section 105 (failure to maintain - general), in subsection (1)(b), after “neglect” there is inserted “ universal credit, ”.
11 In section 106 (recovery of expenditure on benefit from person liable for maintenance), in subsections (1), (2), (3) and (4)(a) and (b), after “income support” there is inserted “ or universal credit ”.
12 In section 108 (reduction of expenditure on income support etc), in subsection (1)(a), after “income support” there is inserted “ or universal credit ”.
13 In section 109 (diversion of arrested earnings - Scotland), in subsection (1), after “in receipt of”, in both places, there is inserted “ universal credit, ”.
14 In section 121DA (interpretation of Part 6), in subsection (1), after paragraph (hi) there is inserted—
(hj) Part 1 of the Welfare Reform Act 2012;
.
15 In section 122B (supply of other government information for fraud prevention and verification), in subsection (3)(b) after “Welfare Reform Act 2007” there is inserted “ , Part 1 of the Welfare Reform Act 2012 ”.
16 (1) Section 122F (supply by rent officers of information relating to housing benefit) is amended as follows.
(2) In the heading, for “information relating to housing benefit” there is substituted “ benefit information ”.
(3) In subsection (1), for “housing benefit information” there is substituted “ benefit information ”.
(4) In subsection (3)(a) after “relating to” there is inserted “ universal credit ”.
(5) In subsection (4)—
(a) for “housing benefit information” there is substituted “ benefit information ”;
(b) after “relating to” there is inserted “ universal credit ”.
17 In section 124 (age, death and marriage), in subsection (1)—
(a) in paragraph (ac), the final “and” is repealed;
(b) after that paragraph there is inserted—
(ad) of the provisions of Part 1 of the Welfare Reform Act 2012;
.
18 In section 125 (regulations as to notification of death), in subsection (1), after “2007” there is inserted “ , Part 1 of the Welfare Reform Act 2012 ”.
19 In section 126 (information from personal representatives), in subsection (1), after “receipt of” there is inserted “ universal credit ”.
20 In section 130 (duties of employers), in subsection (1), before paragraph (a) there is inserted—
(za) universal credit;
.
21 In section 132 (duties of employers - statutory maternity pay etc), in subsection (1), before paragraph (a) there is inserted—
(za) universal credit;
.
22 In section 150 (uprating)—
(a) in subsection (1) at the end there is inserted—
(n) specified in regulations under sections 9 to 12 of the Welfare Reform Act 2012;
;
(b) in subsection (7), after “2007” there is inserted “ or Part 1 of the Welfare Reform Act 2012 ”.
23 After section 159C there is inserted—
Effect of alterations affecting universal credit
159D (1) Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) shall have effect where—
(a) an award of universal credit is in force in favour of any person (“the recipient”), and
(b) an alteration—
(i) in any element of universal credit,
(ii) in the recipient's benefit income,
(iii) in any amount to be deducted in respect of earned income under section 8(3)(a) of the Welfare Reform Act 2012,
(iv) in any component of a contribution-based jobseeker's allowance,
(v) in any component of a contributory employment and support allowance, or
(vi) in such other matters as may be prescribed,
affects the computation of the amount of universal credit to which he is entitled.
(2) Where, as a result of the alteration, the amount of universal credit to which the recipient is entitled is increased or reduced, then, as from the commencing date, the amount of universal credit payable in the case of the recipient under the award shall be the increased or reduced amount, without any further decision of the Secretary of State; and the award shall have effect accordingly.
(3) Where, notwithstanding the alteration, the recipient continues on and after the commencing date to be entitled to the same amount by way of universal credit as before, the award shall continue in force accordingly.
(4) Subsection (5) applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies—
(a) in relation to any of the items referred to in subsection (1)(b)(i) to (vi), the amount of the alteration which he proposes to make by an order under section 150, 150A or 152 or by or under any other enactment, and
(b) the date on which he proposes to bring the alteration in force (“the proposed commencing date”).
(5) If, in a case where this subsection applies, an award of universal credit is made in favour of a person before the proposed commencing date and after the date on which the statement is made, the award—
(a) may provide for the universal credit to be paid as from the proposed commencing date at a rate determined by reference to the amounts of the items referred to in subsection (1)(b)(i) to (vi) which will be in force on that date, or
(b) may be expressed in terms of the amounts of those items in force at the date of the award.
(6) In this section—
“alteration”—
in relation to any element of universal credit, means its alteration by or under any enactment;
in relation to a person's benefit income, means the alteration of any of the sums referred to in section 150 or 150A by any enactment or by an order under section 150, 150A or 152 to the extent that any such alteration affects the amount of his benefit income;
in relation to any component of a contribution-based jobseeker's allowance or a contributory employment and support allowance, means its alteration by or under any enactment;
in relation to any other matter, has such meaning as may be prescribed;
“benefit income”, in relation to a person, means so much of his income as consists of benefit under the Contributions and Benefits Act or personal independence payment;
“the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient;
“component”—
in relation to contribution-based jobseeker's allowance, means any of the sums specified in regulations under the Jobseekers Act 1995 which are relevant in calculating the amount payable by way of a jobseeker's allowance;
in relation to a contributory employment and support allowance, means any of the sums specified in regulations under Part 1 of the Welfare Reform Act 2007 which are relevant in calculating the amount payable by way of such an allowance;
“element”, in relation to universal credit, means any of the amounts specified in regulations under sections 9 to 12 of the Welfare Reform Act 2012 which are included in the calculation of an award of universal credit.
25 (1) Section 165 (adjustments between National Insurance Fund and Consolidated Fund) is amended as follows.
(2) In subsection (1)(a)(iii), after “Act” there is inserted “ , universal credit ”.
(3) In subsection (6)(a), for “or section 27 of the Welfare Reform Act 2007” there is substituted “ section 27 of the Welfare Reform Act 2007 or section 148 of the Welfare Reform Act 2012 ”.
26 (1) In section 170 (Social Security Advisory Committee), subsection (5) is amended as follows.
(2) In the definition of “the relevant enactments”—
(a) in paragraph (af), for the words from “sections 68” to “to that Act” there is substituted “sections 69 and 70 of the Child Support, Pensions and Social Security Act 2000;“;
(b) after paragraph (aj) there is inserted—
(ak) the provisions of Part 1 of the Welfare Reform Act 2012;
.
(3) In the definition of “the relevant Northern Ireland enactments”—
(a) in paragraph (af), for the words from “sections 68” to “to that Act” there is substituted “sections 69 and 70 of the Child Support, Pensions and Social Security Act 2000;“;
(b) after paragraph (aj) there is inserted—
(ak) any provisions in Northern Ireland which correspond to the provisions of Part 1 of the Welfare Reform Act 2012;
.
27 (1) Section 179 (reciprocal agreements) is amended as follows.
(2) In subsection (3)(a), after “2007” there is inserted “ , Part 1 of the Welfare Reform Act 2012 ”.
(3) In subsection (4), after paragraph (af) there is inserted—
(ag) to Part 1 of the Welfare Reform Act 2012; and
.
(4) In subsection (5), before paragraph (a) there is inserted—
(za) universal credit;
.
28 In section 180 (payment of travelling expenses), in paragraphs (a) and (b)(i), after “2007” there is inserted “ , Part 1 of the Welfare Reform Act 2012 ”.
29 In section 182B (information about postal redirection), in subsection (5)(b), after “1995” there is inserted “ , Part 1 of the Welfare Reform Act 2012 ”.
30 In section 187 (inalienability), in subsection (1), before paragraph (a) there is inserted—
(za) universal credit;
.
31 In section 191 (interpretation), in the definition of “benefit”, after “includes” there is inserted “ universal credit, ”.
Local Government Finance Act 1992 (c. 14)
32 The Local Government Finance Act 1992 is amended as follows.
33 (1) Schedule 4 is amended as follows.
(2) In paragraph 6—
(a) in sub-paragraph (1), after “entitled to“ there is inserted “universal credit”;
(b) in sub-paragraph (2)(b), after “by way of“ there is inserted “universal credit”.
(3) In paragraph 12(1)—
(a) after paragraph (a) there is inserted—
(aa) deductions from universal credit may be resorted to more than once;
;
(b) in paragraph (d), after “attachment of earnings” there is inserted “deductions from universal credit“.
34 In Schedule 8, in paragraph 6—
(a) in sub-paragraph (1), after “entitled to“ there is inserted “universal credit”;
(b) in sub-paragraph (2)(b), after “by way of“ there is inserted “universal credit”.
Jobseekers Act 1995 (c. 18)
35 In section 2 of the Jobseekers Act 1995, in subsection (3C) (as inserted by section 12(5) of the Welfare Reform Act 2009), in the definition of “benefit”, before paragraph (a) there is inserted—
(za) universal credit,
.
Housing Act 1996 (c. 52)
36 In section 122 of the Housing Act 1996 (rent officers), in the heading and in subsection (1), after “with” there is inserted “ universal credit, ”.
Education Act 1996 (c. 56)
37 The Education Act 1996 is amended as follows.
38 In section 457 (charges and remissions policies) in subsection (4)(b), before sub-paragraph (i) there is inserted—
(ai) in receipt of universal credit in such circumstances as may be prescribed for the purposes of this paragraph,
.
39 In section 512ZB (provision of free school lunches and milk: eligibility to request free milk)—
(a) in subsection (4)(a), before sub-paragraph (i) there is inserted—
(ai) in receipt of universal credit in such circumstances as may be prescribed for the purposes of this paragraph, or
;
(b) in subsection (4)(b), before sub-paragraph (i) there is inserted—
(ai) in receipt of universal credit in such circumstances as may be prescribed for the purposes of this paragraph, or
.
Social Security (Recovery of Benefits) Act 1997 (c. 27)
40 The Social Security (Recovery of Benefits) Act 1997 is amended as follows.
41 In section 29 (general interpretation), in the definition of “benefit”, after “means” there is inserted “ universal credit ”.
42 In the table in Schedule 2 (calculation of compensation payment), in the section relating to compensation for earnings lost during the relevant period, at the top of the second column insert “ Universal credit ”.
Social Security Act 1998 (c. 14)
43 The Social Security Act 1998 (decisions and appeals) is amended as follows.
44 In section 2 (use of computers), in subsection (2)—
(a) in paragraph (i), the final “or” is repealed;
(b) after paragraph (j) there is inserted—
(k) Part 1 of the Welfare Reform Act 2012;
.
45 In section 8 (decisions by Secretary of State)—
(a) in subsection (3), after paragraph (a) there is inserted—
(aa) universal credit;
;
(b) in subsection (4), for “or Part 1 of the Welfare Reform Act 2007” there is substituted “ , Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012 ”.
46 In section 11 (regulations with respect to decisions), in subsection (3), for “and Part 1 of the Welfare Reform Act 2007” there is substituted “ , Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012 ”.
47 In section 27 (restriction on entitlement in cases of error), in subsection (7), in the definition of “benefit” for paragraph (f) there is substituted—
(f) universal credit
.
48 In section 28(3) (correction of errors in decisions etc)—
(a) in paragraph (f), the final “or” is repealed;
(b) after paragraph (g) there is inserted—
(h) Part 1 of the Welfare Reform Act 2012;
.
49 In section 39 (interpretation), in subsection (1), before the definition of “health care professional” there is inserted—
“claimant”, in relation to a couple jointly claiming universal credit, means the couple or either member of the couple;
.
50 (1) Schedule 2 (decisions against which no appeal lies) is amended as follows.
(2) In paragraph 6(b), at the end there is inserted
or
(v) section 159D(1)(b) of that Act (universal credit).
(3) After paragraph 7 there is inserted—
Increases in universal credit due to attainment of particular ages
7A A decision as to the amount of benefit to which a person is entitled, where it appears to the Secretary of State that the amount is determined by the recipient's entitlement to an increased amount of universal credit in the circumstances referred to in section 160C(2) of the Administration Act.
51 In Schedule 3 (decisions against which an appeal lies), after paragraph 3 there is inserted—
3A A decision as to the amount of a relevant benefit that is payable to a person by virtue of regulations under section 6B, 7, 8 or 9 of the Social Security Fraud Act 2001.
Immigration and Asylum Act 1999 (c. 33)
52 The Immigration and Asylum Act 1999 is amended as follows.
53 In section 97 (provision of support: supplemental), in subsection (5)—
(a) before paragraph (a) there is inserted—
(za) to such portion of the maximum amount of an award of universal credit under section 8(1) of the Welfare Reform Act 2012, or
;
(b) in paragraph (b) after “components” there is inserted “ or elements ”.
54 In section 115(1) (exclusion from benefits of persons subject to immigration control) after “is entitled” there is inserted “ to universal credit under Part 1 of the Welfare Reform Act 2012 or ”.
Child Support, Pensions and Social Security Act 2000 (c. 19)
55 In section 69 of the Child Support, Pensions and Social Security Act 2000, in subsection (1)(a), after “both” there is inserted “ , universal credit ”.
Social Security Fraud Act 2001 (c. 11)
56 The Social Security Fraud Act 2001 is amended as follows.
57 In section 6A (definitions), in subsection (1), in the definition of “disqualifying benefit”, at the beginning there is inserted—
(za) any benefit under Part 1 of the Welfare Reform Act 2012 (universal credit) or under any provision having effect in Northern Ireland corresponding to that Part;
.
58 (1) Section 6B (loss of benefit in case of conviction, penalty or caution for benefit offence) is amended as follows.
(2) In subsection (5), for “(6)” there is substituted “ (5A) ”.
(3) After subsection (5) there is inserted—
(5A) The Secretary of State may by regulations provide that, where the sanctionable benefit is universal credit, the benefit shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—
(a) the amount payable were reduced in such manner as may be prescribed;
(b) the benefit were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;
(c) the benefit were payable only if the circumstances are otherwise such as may be prescribed;
(d) any amount of the benefit payable in prescribed circumstances were recoverable by the Secretary of State.
(4) In subsection (7), after paragraph (c) there is inserted—
(d) any amount of the allowance payable in prescribed circumstances were recoverable by the Secretary of State.
59 (1) Section 7 (loss of benefit for second or subsequent conviction of benefit offence) is amended as follows.
(2) In subsection (2), for “(3)” there is substituted “ (2A) ”.
(3) After subsection (2) there is inserted—
(2A) The Secretary of State may by regulations provide that, where the sanctionable benefit is universal credit, the benefit shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—
(a) the amount payable were reduced in such manner as may be prescribed;
(b) the benefit were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;
(c) the benefit were payable only if the circumstances are otherwise such as may be prescribed;
(d) any amount of the benefit payable in prescribed circumstances were recoverable by the Secretary of State.
(4) In subsection (4), after paragraph (c) there is inserted—
(d) any amount of the allowance payable in prescribed circumstances were recoverable by the Secretary of State.
61 (1) Section 9 (effect of offence on benefits for members of offender's family) is amended as follows.
(2) In subsection (1), before paragraph (a) there is inserted—
(za) universal credit;
.
(3) In subsection (2), for “or” at the end of paragraph (b) there is substituted “ and ”.
(4) After subsection (2) there is inserted—
(2A) In relation to cases in which the benefit is universal credit, the provision that may be made by virtue of subsection (2) is provision that, in the case of the offender's family member, any universal credit shall be payable, during the whole or a part of any period comprised in the relevant period, as if one or more of the following applied—
(a) the amount payable were reduced in such manner as may be prescribed;
(b) the benefit were payable only if there is compliance by the offender or the offender's family member, or both of them, with such obligations with respect to the provision of information as may be imposed by the regulations;
(c) the benefit were payable only if the circumstances are otherwise such as may be prescribed;
(d) any amount of the benefit payable in prescribed circumstances were recoverable by the Secretary of State.
(5) In subsection (4), after paragraph (c) there is inserted—
(d) any amount of the allowance payable in prescribed circumstances were recoverable by the Secretary of State.
62 In section 10(3) (power to supplement and mitigate loss of benefit provisions) after paragraph (bc) there is inserted—
(bd) any benefit under Part 1 of the Welfare Reform Act 2012 (universal credit) or under any provision having effect in Northern Ireland corresponding to that Part;
.
63 (1) In section 11 (loss of benefit regulations), subsection (3) is amended as follows.
(2) In paragraph (c)—
(a) for “6B(7)” there is substituted “ 6B(5A), (7) ”;
(b) for “7(4)” there is substituted “ 7(2A), (4) ”;
(c) for “9(4)” there is substituted “ 9(2A), (4) ”.
(3) In paragraph (d) at the end there is inserted “or (aa)”.
State Pension Credit Act 2002 (c. 16)
64 In section 4 of the State Pension Credit Act 2002 (exclusions), after subsection (1) there is inserted—
(1A) A claimant is not entitled to state pension credit if he is a member of a couple the other member of which has not attained the qualifying age.
Welfare Reform Act 2007 (c. 5)
65 In Schedule 1 to the Welfare Reform Act 2007 (employment and support allowance: additional conditions), in paragraph 1(5), before paragraph (a) there is inserted—
(za) universal credit,
.
SCHEDULE 3 Abolition of benefits: consequential amendments
Section 33
Social Security Administration Act 1992 (c. 5)
4 The Social Security Administration Act 1992 is amended as follows.
5 In section 7 (relationship between benefits), in subsection (3), for “subsections (1) and (2)” there is substituted “ subsection (1) ”.
Social Security Fraud Act 2001 (c. 11)
15 The Social Security Fraud Act 2001 is amended as follows.
16 In section 6B (loss of benefit for conviction etc), in subsection (5), for “to (10)” there is substituted “ and (8) ”.
17 In section 7 (loss of benefit for repeated conviction etc), in subsection (2), for “to (5)” there is substituted “ and (4A) ”.
18 In section 11 (regulations), in subsection (3)(c), for the words from “section” to the end there is substituted “ section 6B(5A) or (8), 7(2A) or (4A) or 9(2A) or (4A) ”.
Welfare Reform Act 2007 (c. 5)
22 The Welfare Reform Act 2007 is amended as follows.
23 In section 1 (employment and support allowance), in subsection (3)(d), at the end there is inserted “and”.
24 In section 2 (amount of contributory allowance), in subsection (1), for “In the case of a contributory allowance, the amount payable“ there is substituted “ The amount payable by way of an employment and support allowance ”.
25 (1) Section 27 (financial provisions) is amended as follows.
(2) In subsection (1), for the words from “so much of” to the end there is substituted “ any sums payable by way of employment and support allowance ”.
(3) In subsection (3), for “contributory” there is substituted “ employment and support ”.
26 In each of the following provisions, for “a contributory allowance” there is substituted “ an employment and support allowance ”
(a) section 1A(1), (3), (4), (5) and (6) (as inserted by section 51 of this Act);
(b) section 1B(1) (as inserted by section 52 of this Act);
(c) section 3(2)(d);
(d) section 18(4);
(e) section 20(2), (3)(a), (b) and (c), (4), (5)(a), (b) and (c), (6), (7)(a), (b) and (c);
(f) in Schedule 1, paragraphs 1(5)(d) and 3(2)(a);
(g) in Schedule 2, paragraphs 6 and 7(2)(d).
SCHEDULE 5 Universal credit and other working-age benefits
Section 35
General
1 (1) In this Schedule “relevant benefit“ means—
(a) jobseeker's allowance, or
(b) employment and support allowance.
(2) In this Schedule “work-related requirement“ means—
(a) a work-related requirement within the meaning of this Part,
(b) a work-related requirement within the meaning of the Jobseekers Act 1995, or
(c) a work-related requirement within the meaning of Part 1 of the Welfare Reform Act 2007.
(3) In this Schedule “sanction” means a reduction of benefit under—
(a) section 26 or 27,
(b) section 6J or 6K of the Jobseekers Act 1995, or
(c) section 11J of the Welfare Reform Act 2007.
Dual entitlement
2 (1) Regulations may make provision as to the amount payable by way of a relevant benefit where a person is entitled to that benefit and universal credit.
(2) Regulations under sub-paragraph (1) may in particular provide for no amount to be payable by way of a relevant benefit.
(3) Regulations may, where a person is entitled to a relevant benefit and universal credit—
(a) make provision as to the application of work-related requirements;
(b) make provision as to the application of sanctions.
(4) Provision under sub-paragraph (3)(a) includes in particular—
(a) provision securing that compliance with a work-related requirement for a relevant benefit is to be treated as compliance with a work-related requirement for universal credit;
(b) provision disapplying any requirement on the Secretary of State to impose, or a person to comply with, a work-related requirement for a relevant benefit or universal credit.
(5) Provision under sub-paragraph (3)(b) includes in particular—
(a) provision for the order in which sanctions are to be applied to awards of relevant benefit and universal credit;
(b) provision to secure that the application of a sanction to an award of a relevant benefit does not result in an increase of the amount of an award of universal credit.
Movement between working-age benefits
3 Regulations may provide—
(a) in a case where a person ceases to be entitled to universal credit and becomes entitled to a relevant benefit, for a sanction relating to the award of universal credit to be applied to the award of the relevant benefit;
(b) in a case where a person ceases to be entitled to a relevant benefit and becomes entitled to universal credit, for a sanction relating to the award of the relevant benefit to be applied to the award of universal credit;
(c) in a case where a person ceases to be entitled to one relevant benefit and becomes entitled to the other, for a sanction relating to the award of the former to apply to the award of the latter.
Section 36
General
1 (1) Regulations may make provision for the purposes of, or in connection with, replacing existing benefits with universal credit.
(2) In this Schedule “existing benefit“ means—
(a) a benefit abolished under section 33(1);
(b) any other prescribed benefit.
(3) In this Schedule “appointed day” means the day appointed for the coming into force of section 1.
Claims before the appointed day
2 (1) The provision referred to in paragraph 1(1) includes—
(a) provision for a claim for universal credit to be made before the appointed day for a period beginning on or after that day;
(b) provision for a claim for universal credit made before the appointed day to be treated to any extent as a claim for an existing benefit;
(c) provision for a claim for an existing benefit made before the appointed day to be treated to any extent as a claim for universal credit.
(2) The provision referred to in paragraph 1(1) includes provision, where a claim for universal credit is made (or is treated as made) before the appointed day, for an award on the claim to be made in respect of a period before the appointed day (including provision as to the conditions of entitlement for, and amount of, such an award).
Claims after the appointed day
3 (1) The provision referred to in paragraph 1(1) includes—
(a) provision permanently or temporarily excluding the making of a claim for universal credit after the appointed day by—
(i) a person to whom an existing benefit is awarded, or
(ii) a person who would be entitled to an existing benefit on making a claim for it;
(b) provision temporarily excluding the making of a claim for universal credit after the appointed day by any other person;
(c) provision excluding entitlement to universal credit temporarily or for a particular period;
(d) provision for a claim for universal credit made after the appointed day to be treated to any extent as a claim for an existing benefit;
(e) provision for a claim for an existing benefit made after the appointed day to be treated to any extent as a claim for universal credit.
(2) The provision referred to in paragraph 1(1) includes provision, where a claim for universal credit is made (or is treated as made) after the appointed day, for an award on the claim to be made in respect of a period before the appointed day (including provision as to the conditions of entitlement for, and amount of, such an award).
Awards
4 (1) The provision referred to in paragraph 1(1) includes—
(a) provision for terminating an award of an existing benefit;
(b) provision for making an award of universal credit, with or without application, to a person whose award of existing benefit is terminated.
(2) The provision referred to in sub-paragraph (1)(b) includes—
(a) provision imposing requirements as to the procedure to be followed, information to be supplied or assessments to be undergone in relation to an award by virtue of that sub-paragraph or an application for such an award;
(b) provision as to the consequences of failure to comply with any such requirement;
(c) provision as to the terms on which, and conditions subject to which, such an award is made, including—
(i) provision temporarily or permanently disapplying, or otherwise modifying, conditions of entitlement to universal credit in relation to the award;
(ii) provision temporarily or permanently disapplying, or otherwise modifying, any requirement under this Part for a person to be assessed in respect of capability for work or work-related activity;
(d) provision as to the amount of such an award;
(e) provision that fulfilment of any condition relevant to entitlement to an award of an existing benefit, or relevant to the amount of such an award, is to be treated as fulfilment of an equivalent condition in relation to universal credit.
(3) Provision under sub-paragraph (2)(d) may secure that where an award of universal credit is made by virtue of sub-paragraph (1)(b)—
(a) the amount of the award is not less than the amount to which the person would have been entitled under the terminated award, or is not less than that amount by more than a prescribed amount;
(b) if the person to whom it is made ceases to be entitled to universal credit for not more than a prescribed period, the gap in entitlement is disregarded in calculating the amount of any new award of universal credit.
Work-related requirements and sanctions
5 (1) The provision referred to in paragraph 1(1) includes—
(a) provision relating to the application of work-related requirements for relevant benefits;
(b) provision relating to the application of sanctions.
(2) The provision referred to in sub-paragraph (1)(a) includes—
(a) provision that a claimant commitment for a relevant benefit is to be treated as a claimant commitment for universal credit;
(b) provision that a work-related requirement for a relevant benefit is treated as a work-related requirement for universal credit;
(c) provision for anything done which is relevant to compliance with a work-related requirement for a relevant benefit to be treated as done for the purposes of compliance with a work-related requirement for universal credit;
(d) provision temporarily disapplying any provision of this Part in relation to work-related requirements for universal credit.
(3) The provision referred to in sub-paragraph (1)(b) includes—
(a) provision for a sanction relevant to an award of a relevant benefit to be applied to an award of universal credit;
(b) provision for anything done which is relevant to the application of a sanction for a relevant benefit to be treated as done for the purposes of the application of a sanction for universal credit;
(c) provision temporarily disapplying any provision of this Part in relation to the application of sanctions.
(4) In this paragraph—
“relevant benefit” means—
jobseeker's allowance,
employment and support allowance, and
income support;
“work-related requirement” means—
for universal credit, a work-related requirement within the meaning of this Part;
for jobseeker's allowance, a requirement imposed—
by virtue of regulations under section 8 or 17A of the Jobseekers Act 1995,
by a jobseeker's direction (within the meaning of section 19A of that Act),
by virtue of regulations under section 2A, 2AA or 2D of the Social Security Administration Act 1992, or
by a direction under section 2F of that Act;
for employment and support allowance, a requirement imposed—
by virtue of regulations under section 8, 9, 11, 12 or 13 of the Welfare Reform Act 2007,
by a direction under section 15 of that Act,
by virtue of regulations under section 2A, 2AA or 2D of the Social Security Administration Act 1992, or
by a direction under section 2F of that Act;
for income support, a requirement imposed—
by virtue of regulations under section 2A, 2AA or 2D of the Social Security Administration Act 1992, or
by a direction under section 2F of that Act;
“sanction” means a reduction of benefit under—
section 26 or 27 above,
section 19, 19A or 19B of the Jobseekers Act 1995,
section 11, 12 or 13 of the Welfare Reform Act 2007, or
section 2A, 2AA or 2D of the Social Security Administration Act 1992.
Tax credits
6 In relation to the replacement of working tax credit and child tax credit with universal credit, the provision referred to in paragraph 1(1) includes—
(a) provision modifying the application of the Tax Credits Act 2002 (or of any provision made under it);
(b) provision for the purposes of recovery of overpayments of working tax credit or child tax credit (including in particular provision for treating overpayments of working tax credit or child tax credit as if they were overpayments of universal credit).
Supplementary
7 Regulations under paragraph 1(1) may secure the result that any gap in entitlement to an existing benefit (or what would, but for the provisions of this Part, be a gap in entitlement to an existing benefit) is to be disregarded for the purposes of provision under such regulations.
SCHEDULE 7 Jobseeker's allowance in interim period: consequential amendments
Section 48
Jobseekers Act 1995 (c. 18)
1 The Jobseekers Act 1995 is amended as follows.
2 (1) Section 8 (attendance etc) is amended as follows.
(2) In subsection (1A)(a) (as originally enacted), for “the Secretary of State” there is substituted “an employment officer“.
(3) In subsection (2), for paragraphs (a) to (c) there is substituted “ provide for entitlement to a jobseeker's allowance to cease at such time as may be determined in accordance with any such regulations if, when a person fails to comply with such regulations, that person (or, if that person is a member of a joint-claim couple, either member of the couple) does not make prescribed contact with an employment officer within a prescribed period of the failure. ”
3 In section 16(3)(b) and 17(4) (in both places) for “good cause” there is substituted “ a good reason ”.
5 Section 20 (exemptions from section 19) is amended as follows—
(a) in the heading, after “19” there is inserted “ and 19A ”;
(b) in subsection (1), for “prevent payment” there is substituted “ authorise reduction ”;
(c) in subsection (2), for “19” there is substituted “19A” and for “(5)” there is substituted “ (2)(c) to (g) ”;
(d) in subsection (3), for “19(6)(b) or (d)” there is substituted “19(2)(b) or (d)” and for “ just cause ” there is substituted “good reason”.
6 Sections 20C and 20D (uncommenced provision relating to sanctions for violent conduct etc) are repealed.
7 In section 22 (members of the forces), in subsection (2), for “section 19(6)(b)” there is substituted “ section 19(2)(b) ”.
8 In section 35 (interpretation), in subsection (1), before the definition of “jobseeking period” there is inserted—
“jobseeker's direction” has the meaning given by section 19A;
.
9 In section 36 (regulations and orders), after subsection (1) there is inserted—
(1A) Subsection (1) does not apply to an order under section 35(1) in relation to employment officers.
10 (1) Schedule 1 (supplementary) is amended as follows.
(2) In paragraph 8(b), for “entered into a jobseeker's agreement” there is substituted “accepted a claimant commitment“.
(3) In paragraph 10, at the end there is inserted—
(6) References in sub-paragraphs (1) and (2) to an income-based jobseeker's allowance include a payment by way of such an allowance under section 19C.
Social Security Fraud Act 2001 (c. 11)
12 (1) Section 8 of the Social Security Fraud Act 2001 (effect of offence on joint-claim jobseeker's allowance) is amended as follows.
(2) In subsection (2)—
(a) at the beginning there is inserted “Except in prescribed circumstances”;
(b) in paragraph (b), for sub-paragraph (i) there is substituted—
(i) is a person whose failure sanctionable under section 19, 19A or 19B of the Jobseekers Act 1995 has given rise to a reduction under that section; or
.
(3) Subsection (5) is repealed.
Welfare Reform Act 2009 (c. 24)
16 (1) Section 32 (contracting out) is amended as follows.
(2) In subsection (2), in section 20E inserted into the Jobseekers Act 1995—
(a) for subsection (2)(a) and (b) there is substituted—
(a) any function under section 8 (attendance etc);
(b) any function under section 9 or 10 in relation to a claimant commitment;
;
(b) after subsection (2)(d) there is inserted—
(e) functions under section 19 or 19A;
;
(c) in subsection (4), “or 17A” is repealed.
(3) In subsection (3), for paragraphs (a) to (d) there is substituted—
(a) section 8(1)(a), (1A) and (2);
(b) sections 9 and 10 (in all places);
(c) section 16(3)(b)(ii);
(d) sections 19 and 19A (in all places);
.
SCHEDULE 8 Social fund discretionary payments: consequential amendments
Section 70
1 The Social Security Administration Act 1992 is amended as follows.
2 In section 78(4) (recovery of funeral payments out of social fund), after “Payments” there is inserted “ out of the social fund ”.
3 In section 79 (recovery of Northern Ireland payments), in paragraph (c), for the words from “under subsection” to the end there is substituted “ under section 71(8) ”.
4 In Part 1 of Schedule 4 (persons employed in social security administration), under the heading “Former officers”, after the entry for “A social fund officer” there is inserted—
The social fund Commissioner.
A social fund inspector.
A member of any staff employed in connection with the social fund.
SCHEDULE 9 Personal independence payment: amendments
Section 91
Transport Act 1982 (c. 49)
1 In section 70 of the Transport Act 1982 (payments in respect of applicants for exemption from wearing seat belts), in subsection (2), after paragraph (a) there is inserted—
(ab) those in receipt of personal independence payment;
.
Child Support Act 1991 (c. 48)
2 In section 8 of the Child Support Act 1991 (role of courts with respect to maintenance for children), in subsection (8)(a), at the beginning there is inserted “an allowance under Part 4 of the Welfare Reform Act 2012 (personal independence payment) or”.
Social Security Contributions and Benefits Act 1992 (c. 4)
3 The Social Security Contributions and Benefits Act 1992 is amended as follows.
5 (1) Section 64 (entitlement to attendance allowance) is amended as follows.
(2) In subsection (1), for “the care component of a disability living allowance” there is substituted “ an allowance within subsection (1A) ”.
(3) After subsection (1) there is inserted—
(1A) The following allowances are within this subsection—
(a) personal independence payment;
(b) the care component of a disability living allowance.
6 In section 150 (Christmas bonus for pensioners: interpretation), in subsection (1), after paragraph (ba) there is inserted—
(bb) personal independence payment;
.
Social Security Administration Act 1992 (c. 5)
7 The Social Security Administration Act 1992 is amended as follows.
8 (1) Section 1 (entitlement to benefit dependent on claim) is amended as follows.
(2) In subsection (3)—
(a) before paragraph (a) there is inserted—
(za) for personal independence payment by virtue of section 82 of the Welfare Reform Act 2012; or
;
(b) paragraph (b) and the “or” preceding it is repealed.
(3) In subsection (4), after paragraph (ac) there is inserted—
(ad) personal independence payment.
9 In section 5(2) (regulations about claims for and payments of benefit), after paragraph (ac) there is inserted—
(ad) personal independence payment;
.
10 In section 71(11) (overpayments), after paragraph (ac) there is inserted—
(ad) personal independence payment;
.
11 In section 73 (overlapping benefits - general), after subsection (5) there is inserted—
(6) Personal independence payment is to be treated for the purposes of this section as if it were benefit as defined in section 122 of the Contributions and Benefits Act.
12 In section 121DA (interpretation of Part 6), in subsection (1), after paragraph (hj) (inserted by Schedule 2 to this Act) there is inserted—
(hk) Part 4 of that Act;
.
13 In section 122B (supply of other government information for fraud prevention and verification), in subsection (3)(b), after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.
14 In section 122C (supply of information to authorities administering benefit), in subsection (6)(b), after “Welfare Reform Act 2007” there is inserted “ , Part 4 of the Welfare Reform Act 2012 ”.
15 In section 124 (age, death and marriage), in subsection (1), after paragraph (ad) (inserted by Schedule 2 to this Act) there is inserted—
(ae) of the provisions of Part 4 of that Act;
.
16 In section 125 (regulations as to notification of deaths), in subsection (1), after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.
17 In section 150 (uprating)—
(a) in subsection (1), after paragraph (n) (inserted by Schedule 2 to this Act) there is inserted—
(o) specified in regulations under section 78(3) or 79(3) of that Act;
;
(b) in subsection (3)(b), for “or (g)” there is substituted “ , (g) or (o) ”.
18 In section 159 (effect of alteration in the component rates of income support), in subsection (5), in the definition of “benefit income”, after “income support;” there is inserted—
(aa) personal independence payment;
.
19 In section 159A (effect of alteration of rates of a jobseeker's allowance), in subsection (5), in the definition of “benefit income”, after “Contributions and Benefits Act;” there is inserted—
(ab) personal independence payment;
.
20 In section 159B (effect of alterations affecting state pension credit), in subsection (6), in the definition of “benefit income”, after “Contributions and Benefits Act” there is inserted “ or personal independence payment ”.
21 In section 159C (effect of alteration of rates of an employment and support allowance), in subsection (6), in the definition of “benefit income”, after “Contributions and Benefits Act” there is inserted “ or personal independence payment ”.
22 In section 160 (implementation of increases in income support due to attainment of particular ages), in subsection (3), after “entitlement to” there is inserted “personal independence payment or to“.
23 In section 160A (implementation of increases in income-based jobseeker's allowance due to attainment of particular ages), in subsection (3), after “Contributions and Benefits Act;” there is inserted—
(aa) personal independence payment;
.
24 In section 160B (implementation of increases in employment and support allowance due to attainment of particular ages), in subsection (3), for the words from “a benefit” to the end there is substituted—
(a) a benefit under the Contributions and Benefits Act; or
(b) personal independence payment.
25 In section 165 (adjustments between National Insurance Fund and Consolidated Fund), in subsection (1)(a)(iii), after “universal credit” (inserted by Schedule 2 to this Act) there is inserted “, personal independence payment”.
26 In section 170 (Social Security Advisory Committee), in subsection (5)—
(a) in the definition of “the relevant enactments“, after paragraph (ak) (inserted by Schedule 2 to this Act) there is inserted—
Part 4 of that Act;
;
(b) in the definition of “the relevant Northern Ireland enactments”, after paragraph (ak) (inserted by Schedule 2 to this Act) there is inserted—
(al) any provisions in Northern Ireland which correspond to Part 4 of that Act;
.
27 (1) Section 179 (reciprocal agreements) is amended as follows.
(2) In subsection (3)(a), after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.
(3) In subsection (4), after paragraph (ag) (inserted by Schedule 2 to this Act) there is inserted—
(ah) to Part 4 of that Act;
.
28 In section 180 (payment of travelling expenses), in paragraphs (a) and (b)(i), after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.
29 In section 182B (information about postal redirection), in subsection (5)(b), after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.
30 In section 184 (control of pneumoconiosis), in paragraph (c), for “benefit as defined in section 122 of the Contributions and Benefits Act” there is substituted “personal independence payment, or benefit as defined in section 122 of the Contributions and Benefits Act,“.
31 In section 187 (inalienability), in subsection (1), after paragraph (ac) there is inserted—
(ad) personal independence payment;
.
32 In section 191 (interpretation), in the definition of “benefit”, for “, state pension credit and an employment and support allowance” there is substituted “ state pension credit, an employment and support allowance and personal independence payment ”.
33 In Schedule 7 (regulations not requiring prior submission to Social Security Advisory Committee), before paragraph 1 there is inserted—
Personal independence payment
A1 Regulations under section 78(3) or 79(3) of the Welfare Reform Act 2012.
Social Security (Recovery of Benefits) Act 1997 (c. 27)
34 The Social Security (Recovery of Benefits) Act 1997 is amended as follows.
35 In section 29 (general interpretation), in the definition of “benefit”, after “employment and support allowance” there is inserted “ , personal independence payment ”.
36 In Schedule 2 (calculation of compensation payment), in the table—
(a) in the section relating to compensation for cost of care incurred during the relevant period, in the second column, after the entry for attendance allowance there is inserted “Daily living component of personal independence payment”;
(b) in the section relating to compensation for loss of mobility during the relevant period, in the second column, after the entry for mobility allowance there is inserted “Mobility component of personal independence payment”.
Social Security Act 1998 (c. 14)
37 The Social Security Act 1998 is amended as follows.
38 In section 2(2) (use of computers), after paragraph (k) (inserted by Schedule 2 to this Act) there is inserted
or
(l) Part 4 of that Act.
39 In section 8 (decisions by Secretary of State)—
(a) in subsection (3), after paragraph (ba) there is inserted—
(baa) personal independence payment;
;
(b) in subsection (4), after the words “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “or Part 4 of that Act.”
40 In section 11(3) (regulations with respect to decisions), in the definition of “current legislation”, after the words “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “and Part 4 of that Act”.
41 In section 27(7) (restriction on entitlement in cases of error), in the definition of “benefit”—
(a) after paragraph (de) there is inserted—
(df) personal independence payment;
;
(b) in paragraph (e) for “to (de)” there is substituted “ to (df) ”.
42 In section 28(3) (correction of errors in decisions etc), after paragraph (h) (inserted by Schedule 2 to this Act) there is inserted
or
(i) Part 4 of that Act.
43 In Schedule 3 (decisions against which an appeal lies), in paragraph 3—
(a) in paragraph (f), the final “or” is repealed;
(b) after paragraph (g) there is inserted—
(h) regulations made under section 85(1) or 86(1) of the Welfare Reform Act 2012;
(i) section 87 of that Act.
Immigration and Asylum Act 1999 (c. 33)
44 In section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits)—
(a) in subsection (1), after “support allowance)“ there is inserted “or to personal independence payment”;
(b) in subsection (2), at the beginning of paragraph (b) there is inserted “disability living allowance or”.
Social Security Fraud Act 2001 (c. 11)
45 The Social Security Fraud Act 2001 is amended as follows.
46 In section 6A(1) (definitions)—
(a) in the definition of “disqualifying benefit”, after paragraph (c) there is inserted—
(ca) any benefit under Part 4 of the Welfare Reform Act 2012 (personal independence payment) or under any provision in Northern Ireland which corresponds to that Part;
;
(b) in the definition of “sanctionable benefit”, after paragraph (c) there is inserted—
(ca) personal independence payment;
.
47 In section 10 (power to supplement and mitigate loss of benefit provisions), in subsection (3), after paragraph (bd) (inserted by Schedule 2 to this Act) there is inserted—
(be) any benefit under Part 4 of the Welfare Reform Act 2012 (personal independence payment) or under any provision in Northern Ireland which corresponds to that Part;
.
Income Tax (Earnings and Pensions) Act 2003 (c. 1)
48 The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.
49 In section 677 (UK social security benefits wholly exempt from tax), in subsection (1), at the appropriate place in Part 1 of Table B there is inserted—
Personal independence payment | WRA 2012 | Section 77
Any provision made for Northern Ireland which corresponds to section 77 of WRA 2012
50 In Part 1 of Schedule 1 (abbreviations of Acts), at the end there is inserted—
WRA 2012 | The Welfare Reform Act 2012
SCHEDULE 10 Personal independence payment: transitional
Section 93
General
1 (1) Regulations under section 93 may in particular make provision for the purposes of, or in connection with, replacing disability living allowance with personal independence payment.
(2) In this Schedule “the appointed day” means the day appointed for the coming into force of section 77.
Claims before the appointed day
2 (1) The provision referred to in paragraph 1(1) includes—
(a) provision for a claim for personal independence payment to be made before the appointed day for a period beginning on or after that day;
(b) provision for a claim for personal independence payment made before the appointed day to be treated to any extent as a claim for disability living allowance;
(c) provision for a claim for disability living allowance made before the appointed day to be treated to any extent as a claim for personal independence payment.
(2) The provision referred to in paragraph 1(1) includes provision, where a claim for personal independence payment is made (or treated as made) before the appointed day, for an award on the claim to be made in respect of a period before the appointed day (including provision as to the conditions of entitlement for, and the amount of, such an award).
Claims after the appointed day
3 (1) The provision referred to in paragraph 1(1) includes—
(a) provision permanently or temporarily excluding the making of a claim for personal independence payment after the appointed day by—
(i) a person to whom disability living allowance is awarded, or
(ii) a person who would be entitled to an award of disability living allowance on making a claim for it;
(b) provision temporarily excluding the making of a claim for personal independence payment after the appointed day by any other person;
(c) provision excluding entitlement to personal independence payment temporarily or for a particular period;
(d) provision for a claim for personal independence payment made after the appointed day to be treated to any extent as a claim for disability living allowance;
(e) provision for a claim for disability living allowance made after the appointed day to be treated to any extent as a claim for personal independence payment.
(2) The provision referred to in paragraph 1(1) includes provision, where a claim for personal independence payment is made (or treated as made) after the appointed day, for an award on the claim to be made in respect of a period before the appointed day (including provision as to the conditions of entitlement for, and the amount of, such an award).
Awards
4 (1) The provision referred to in paragraph 1(1) includes—
(a) provision for terminating an award of disability living allowance;
(b) provision for making an award of personal independence payment, with or without application, to a person whose award of disability living allowance is terminated.
(2) The provision referred to in sub-paragraph (1)(b) includes—
(a) provision imposing requirements as to the procedure to be followed, information to be supplied or assessments to be undergone in relation to an award by virtue of that sub-paragraph or an application for such an award;
(b) provision as to the consequences of failure to comply with any such requirement;
(c) provision as to the terms on which, and conditions subject to which, such an award is made, including—
(i) provision temporarily or permanently disapplying, or otherwise modifying, conditions of entitlement to personal independence payment in relation to the award;
(ii) provision temporarily or permanently disapplying, or otherwise modifying, any requirement under this Part for a person to be assessed in respect of any of the questions mentioned in section 80(1) or (2);
(d) provision as to the amount of such an award.
Supplementary
5 Regulations under section 93—
(a) may secure the result that any gap in entitlement to disability living allowance is to be disregarded for the purposes of provision under the regulations;
(b) may make provision about cases in which provision made by regulations under section 80(2) (required period condition) is to apply with modifications;
(c) may, for the purposes of provision made by virtue of paragraph (b), provide for a period of entitlement to disability living allowance to be taken into account in determining whether a person meets “the required period condition” for the purposes of section 78(1) or (2) or 79(1) or (2).
SCHEDULE 11 Power to require consideration of revision before appeal
Section 102
Vaccine Damage Payments Act 1979 (c. 17)
1 The Vaccine Damage Payments Act 1979 is amended as follows.
2 (1) Section 4 (appeals to appeal tribunals) is amended as follows.
(2) After subsection (1A) there is inserted—
(1B) If the claimant's address is not in Northern Ireland, regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal only if the Secretary of State has considered whether to reverse the decision under section 3A.
(1C) The regulations may in particular provide that that condition is met only where—
(a) the consideration by the Secretary of State was on an application,
(b) the Secretary of State considered issues of a specified description, or
(c) the consideration by the Secretary of State satisfied any other condition specified in the regulations.
(3) At the end of subsection (2) there is inserted—
(c) provision that, where in accordance with regulations under subsection (1B) there is no right of appeal against a decision, any purported appeal may be treated as an application to reverse the decision under section 3A.
3 (1) Section 8 (regulations) is amended as follows.
(2) In subsection (2)(a) the words from “which shall be” to “House of Parliament” are repealed.
(3) After that subsection there is inserted—
(2A) A statutory instrument containing regulations made by the Secretary of State under this Act—
(a) except in the case of an instrument containing regulations under section 4(1B), is subject to annulment in pursuance of a resolution of either House of Parliament;
(b) in the case of an instrument containing regulations under section 4(1B), may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(4) At the end there is inserted—
(5) The power to make regulations under section 4(1B) may be exercised—
(a) in relation to all cases to which it extends, in relation to those cases but subject to specified exceptions or in relation to any specified cases or classes of case;
(b) so as to make, as respects the cases in relation to which it is exercised—
(i) the full provision to which it extends or any lesser provision (whether by way of exception or otherwise);
(ii) the same provision for all cases, different provision for different cases or classes of case or different provision as respects the same case or class of case but for different purposes of this Act;
(iii) provision which is either unconditional or is subject to any specified condition.
Child Support Act 1991 (c. 48)
4 The Child Support Act 1991 is amended as follows.
5 (1) Section 20 (appeals to First-tier Tribunal), as substituted by section 10 of the Child Support, Pensions and Social Security Act 2000 (and subsequently amended), is amended as follows.
(2) After subsection (2) there is inserted—
(2A) Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal against a decision mentioned in subsection (1)(a) or (b) only if the Secretary of State has considered whether to revise the decision under section 16.
(2B) The regulations may in particular provide that that condition is met only where—
(a) the consideration by the Secretary of State was on an application,
(b) the Secretary of State considered issues of a specified description, or
(c) the consideration by the Secretary of State satisfied any other condition specified in the regulations.
(3) At the end of subsection (4) there is inserted—
(c) provision that, where in accordance with regulations under subsection (2A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under section 16.
6 (1) Section 20 (appeals to First-tier Tribunal), as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act 2000, is amended as follows.
(2) After subsection (3) there is inserted—
(3A) Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal against a decision only if the Secretary of State has considered whether to revise the decision under section 16.
(3B) The regulations may in particular provide that that condition is met only where—
(a) the consideration by the Secretary of State was on an application,
(b) the Secretary of State considered issues of a specified description, or
(c) the consideration by the Secretary of State satisfied any other condition specified in the regulations.
(3) At the end of subsection (5) there is inserted—
(c) provision that, where in accordance with regulations under subsection (3A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under section 16.
7 In section 51A (pilot schemes) at the end there is inserted—
(6) This section does not apply to regulations under—
(a) subsection (2A) of section 20 as substituted by section 10 of the Child Support, Pensions and Social Security Act 2000;
(b) subsection (3A) of section 20 as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act 2000.
8 In section 52 (regulations and orders), in subsection (2)(a), after “section 12(5)(b)),” there is inserted “20(2A), 20(3A)“ .
Social Security (Recovery of Benefits) Act 1997 (c. 27)
9 The Social Security (Recovery of Benefits) Act 1997 is amended as follows.
10 (1) Section 11 (appeals against certificates) is amended as follows.
(2) After subsection (2) there is inserted—
(2A) Regulations may provide that, in such cases or circumstances as may be prescribed, an appeal may be made under this section only if the Secretary of State has reviewed the certificate under section 10.
(2B) The regulations may in particular provide that that condition is met only where—
(a) the review by the Secretary of State was on an application,
(b) the Secretary of State considered issues of a specified description, or
(c) the review by the Secretary of State satisfied any other condition specified in the regulations.
(3) In subsection (5)(c) after “any such appeal“ there is inserted “(or, where in accordance with regulations under subsection (2A) there is no right of appeal, any purported appeal)”.
11 (1) Section 30 of that Act (regulations and orders) is amended as follows.
(2) In subsection (2) after “regulations under section” there is inserted “ 11(2A) or ”.
(3) After that subsection there is inserted—
(2A) A statutory instrument containing regulations under section 11(2A) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Child Maintenance and Other Payments Act 2008 (c. 6)
15 The Child Maintenance and Other Payments Act 2008 is amended as follows.
16 In section 49(2) (regulations regarding reconsideration) after “and” there is inserted “ may prescribe ”.
17 (1) Section 50 (appeals to First-tier Tribunal) is amended as follows.
(2) After subsection (1) there is inserted—
(1A) Regulations may provide that, in such cases or circumstances as may be prescribed, a person may appeal against a determination made on a claim only if the Secretary of State has decided whether to reconsider the determination under section 49.
(1B) The regulations may in particular provide that that condition is met only where—
(a) the decision of the Secretary of State was on an application,
(b) the Secretary of State considered issues of a specified description, or
(c) the decision of the Secretary of State satisfied any other condition specified in the regulations.
(3) In subsection (4)(c) after “an appeal under subsection (1)(a)” there is inserted “ (or, where in accordance with regulations under subsection (1A) there is no right of appeal, any purported appeal) ”.
18 (1) Section 53 (regulations under Part 4) is amended as follows.
(2) After subsection (2) there is inserted—
(2A) The power to make regulations under section 50(1A) may be exercised—
(a) in relation to all cases to which it extends, in relation to those cases but subject to specified exceptions or in relation to any specified cases or classes of case;
(b) so as to make, as respects the cases in relation to which it is exercised—
(i) the full provision to which it extends or any lesser provision (whether by way of exception or otherwise);
(ii) the same provision for all cases, different provision for different cases or classes of case or different provision as respects the same case or class of case but for different purposes of this Act;
(iii) provision which is either unconditional or is subject to any specified condition.
(3) In subsection (3) after “section 46” there is inserted “ or 50(1A) ”.
SCHEDULE 12 Supersession of decisions of former appellate bodies
Section 103
Child Support Act 1991 (c. 48)
1 The Child Support Act 1991 is amended as follows.
2 (1) Section 17 (decisions superseding earlier decisions) is amended as follows.
(2) In subsection (1)—
(a) in paragraphs (b) and (d) after “any decision of” there is inserted “ an appeal tribunal or ”;
(b) in paragraph (e) after “any decision of“ there is inserted “a Child Support Commissioner or”.
(3) After subsection (5) there is inserted—
(6) In this section—
“appeal tribunal” means an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (the functions of which have been transferred to the First-tier Tribunal);
“Child Support Commissioner” means a person appointed as such under section 22 (the functions of whom have been transferred to the Upper Tribunal).
3 (1) In Schedule 4C (departure directions), paragraph 2 is amended as follows.
(2) In sub-paragraph (1)(c), after “any decision of” there is inserted “ an appeal tribunal or ”.
(3) In sub-paragraph (2), after “any decision of“ (in each place) there is inserted “an appeal tribunal or”.
(4) After sub-paragraph (2) there is inserted—
(3) In this paragraph “appeal tribunal“ means an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (the functions of which have been transferred to the First-tier Tribunal).
Social Security Act 1998 (c. 14)
4 (1) Section 10 of the Social Security Act 1998 (decisions superseding earlier decisions) is amended as follows.
(2) In subsection (1), the “and” at the end of paragraph (a) is repealed and after that paragraph there is inserted—
(aa) any decision under this Chapter of an appeal tribunal or a Commissioner; and
.
(3) After subsection (6) there is inserted—
(7) In this section—
“appeal tribunal” means an appeal tribunal constituted under Chapter 1 of this Part (the functions of which have been transferred to the First-tier Tribunal);
“Commissioner” means a person appointed as a Social Security Commissioner under Schedule 4 (the functions of whom have been transferred to the Upper Tribunal), and includes a tribunal of such persons.
Child Support, Pensions and Social Security Act 2000 (c. 19)
5 (1) In Schedule 7 to the Child Support, Pensions and Social Security Act 2000 (housing benefit and council tax benefit), paragraph 4 (decisions superseding earlier decisions) is amended as follows.
(2) In sub-paragraph (1), the “and” at the end of paragraph (a) is repealed and after that paragraph there is inserted—
(aa) any decision under this Schedule of an appeal tribunal or a Commissioner, and
.
(3) In sub-paragraph (2)—
(a) after “the decision appealed against to“ there is inserted “the tribunal or”;
(b) after “the decision being appealed against to” there is inserted “ the Commissioner or ”.
(4) After sub-paragraph (6) there is inserted—
(7) In this paragraph—
“appeal tribunal” means an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (the functions of which have been transferred to the First-tier Tribunal);
“Commissioner” means a person appointed as a Social Security Commissioner under Schedule 4 to that Act (the functions of whom have been transferred to the Upper Tribunal), and includes a tribunal of such persons.
SCHEDULE 13 Social Mobility and Child Poverty Commission
Section 145
Part 1 Establishment of Social Mobility and Child Poverty Commission
1 The Child Poverty Act 2010 is amended as follows.
2 For section 8 (and the preceding italic heading) there is substituted—
Social Mobility and Child Poverty Commission
Social Mobility and Child Poverty Commission
8 (1) There is to be a body called the Social Mobility and Child Poverty Commission (in this Act referred to as “the Commission”).
(2) The Commission's functions are those conferred on it by or under this Act.
(3) Schedule 1 contains further provision about the Commission.
(4) A Minister of the Crown may by order provide for the Commission to cease to exist on a day—
(a) specified in or determined in accordance with the order, and
(b) falling after the target year.
(5) An order under subsection (4) may contain such transitional or consequential provision as the Minister of the Crown considers necessary or expedient in connection with the abolition of the Commission.
(6) That provision may include provision amending, repealing or revoking—
(a) the provisions of this Act so far as relating to the Commission;
(b) any provision of any other Act (whenever passed);
(c) any provision of any instrument made under an Act (whenever made).
Advice
8A (1) The Commission must on request give advice to a Minister of the Crown about how to measure socio-economic disadvantage, social mobility and child poverty.
(2) Advice given under this section must be published.
Annual reports
8B (1) Before each anniversary of the coming into force of this section the Commission must publish a report setting out its views on the progress made towards the goals in subsection (2).
(2) Those goals are—
(a) improving social mobility in the United Kingdom, and
(b) reducing child poverty in the United Kingdom, and in particular—
(i) meeting the targets in sections 3 to 6 in relation to the target year, and
(ii) implementing the most recent UK strategy.
(3) A report under subsection (1) must also describe—
(a) the measures taken by the Scottish Ministers in accordance with a Scottish strategy,
(b) the measures taken by the Welsh Ministers in accordance with a Welsh strategy, and
(c) in the case of a report made after the appointed day for Northern Ireland, the measures taken by the Northern Ireland departments in accordance with a Northern Ireland strategy.
(4) A report under subsection (1) may by published as one or more documents as a Minister of the Crown may direct.
(5) If the Commission so requests, a Minister of the Crown may by order extend the publication deadline for any particular report by not more than nine months.
(6) A Minister of the Crown must lay a report under this section before Parliament.
Other functions
8C A Minister of the Crown may direct the Commission to carry out any other activity relating to the goals in section 8B(2).
3 For Schedule 1 (Child Poverty Commission) there is substituted—
SCHEDULE 1
Social Mobility and Child Poverty Commission
Membership, chair and deputy chair
1 (1) The members of the Commission are to be—
(a) a chair appointed by a Minister of the Crown,
(b) a member appointed by the Scottish Ministers,
(c) a member appointed by the Welsh Ministers,
(d) after the appointed day for Northern Ireland, a member appointed by the relevant Northern Ireland department, and
(e) any other members appointed by a Minister of the Crown.
(2) A Minister of the Crown may appoint one of the members as the deputy chair.
Term of office
2 Members are to hold and vacate office in accordance with the terms of their appointment, subject to the following provisions.
3 Members must be appointed for a term of not more than five years.
4 A member may resign by giving notice in writing to a Minister of the Crown.
5 A Minister of the Crown may remove a member if—
(a) the person has been absent from three or more consecutive meetings of the Commission without its permission,
(b) the person has become bankrupt or has made an arrangement with creditors,
(c) the person's estate has been sequestrated in Scotland or the person, under Scots law, has made a composition or arrangement with, or granted a trust deed for, creditors, or
(d) the Minister is satisfied that the person is otherwise unable or unfit to perform the duties of the office.
6 A person ceases to be the chair or the deputy chair if the person—
(a) resigns that office by giving notice in writing to a Minister of the Crown, or
(b) ceases to be a member.
7 A person who holds or has held office as the chair, or as the deputy chair or other member, may be reappointed, whether or not to the same office.
Provision of staff and facilities etc
8 (1) A Minister of the Crown may provide the Commission with—
(a) such staff,
(b) such accommodation, equipment and other facilities, and
(c) such sums,
as the Minister may determine are required by the Commission in the exercise of its functions.
(2) A Minister of the Crown may, if the Commission so requests, carry out or commission research for the purpose of the carrying out of the Commission's functions.
Payments
9 A Minister of the Crown may pay to or in respect of the members of the Commission such remuneration, allowances and expenses as the Minister may determine.
Supplementary powers
10 The Commission may do anything that appears to it necessary or appropriate for the purpose of, or in connection with, the carrying out of its functions.
Status
11 The Commission is not to be regarded—
(a) as the servant or agent of the Crown, or
(b) as enjoying any status, privilege or immunity of the Crown.
Sub-committees
12 The Commission may establish sub-committees.
Validity of proceedings
13 The Commission may regulate—
(a) its own procedure (including quorum);
(b) the procedure of any sub-committee (including quorum).
14 The validity of anything done by the Commission or any sub-committee is not affected by—
(a) any vacancy in the membership of the Commission or sub-committee, or
(b) any defect in the appointment of any member of the Commission or a sub-committee.
Discharge of functions
15 The Commission may authorise a sub-committee or member to exercise any of the Commission's functions.
Part 2 Supplementary amendments to Child Poverty Act 2010
4 The Child Poverty Act 2010 is amended as follows.
5 In section 6 (persistent poverty target), subsection (6)(b) and the preceding “and” are repealed.
6 In section 10 (provision of advice and consultation)—
(a) for the heading, there is substituted “ Consultation ”;
(b) subsections (1) to (3) are repealed.
7 In section 13 (advice and consultation: Scotland and Northern Ireland)—
(a) for the heading there is substituted “ Consultation: Scotland and Northern Ireland ”;
(b) subsections (1) and (2) are repealed.
8 (1) In the italic heading preceding section 14, for “Reports” there is substituted “ Statement ”.
(2) Section 14 is repealed.
9 (1) Section 15 (statement in relation to target year) is amended as follows.
(2) In subsection (1), for “The report under section 14(3) must include” there is substituted “ The Secretary of State must, as soon as reasonably practicable after the end of the target year, lay before Parliament ”.
(3) In subsection (4), for “the report under section 14(3)” there is substituted “ the statement ”.
(4) At the end there is inserted—
(5) The Secretary of State must consult the Scottish Ministers, the Welsh Ministers and the relevant Northern Ireland department before preparing the statement.
10 In section 16 (economic and fiscal circumstances), in subsection (1)(b), for the words from “to the Secretary of State” to the end there is substituted “ under section 8A ”.
11 (1) Section 18 (interpretation) is amended as follows.
(2) In the definition of “the Commission” in subsection (1), for “Child Poverty Commission” there is substituted “ Social Mobility and Child Poverty Commission ”.
(3) After the definition of “financial year” in that subsection there is inserted—
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
.
(4) After subsection (2) there is inserted—
(3) In this Part “appointed day for Northern Ireland” means such day as a Minister of the Crown may by order with the consent of the Northern Ireland Assembly appoint (and different days may be appointed for the purposes of different provisions of this Part).
12 In section 28 (regulations and orders), in subsection (5)(b), after “section” there is inserted “ 8B(5) or ”.
13 (1) Schedule 2 (continuing effect of targets) is amended as follows.
(2) In paragraph 1, in paragraph (a) of the definition of “target statement”, for “the report required by section 14(3)” there is substituted “ the statement required by section 15 ”.
(3) In paragraph 3(d), for “the Secretary of State”, in the first place, there is substituted “ the Commission ”.
(4) Paragraphs 6(c) and (d) and 7(1)(b) are repealed.
Part 3 Supplementary amendments to other Acts
14 In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3—
(a) the entry relating to the Child Poverty Commission is repealed;
(b) at the appropriate place there is inserted— “ Social Mobility and Child Poverty Commission ”.
15 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation)—
(a) the entry relating to the Child Poverty Commission is repealed;
(b) at the appropriate place there is inserted— “ Social Mobility and Child Poverty Commission ”.
16 (1) In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified)—
(a) the entry relating to the Child Poverty Commission is repealed;
(b) at the appropriate place there is inserted— “ The Social Mobility and Child Poverty Commission ”.
(2) In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified)—
(a) the entry relating to the Child Poverty Commission is repealed;
(b) at the appropriate place there is inserted— “ The Social Mobility and Child Poverty Commission ”.
17 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general)—
(a) the entry relating to the Child Poverty Commission is repealed;
(b) at the appropriate place there is inserted— “ The Social Mobility and Child Poverty Commission ”.
Section 147
Part 1 Abolition of benefits superseded by universal credit
Short title and chapter | Extent of repeal
Social Work (Scotland) Act 1968 (c. 49) | In section 78(2A), the words from “income support” to “or family credit“.
Education (Scotland) Act 1980 (c. 44) | In section 53(3)— in paragraph (a), sub-paragraphs (i) to (iia) and, in sub-paragraph (iv), the words from “or any tax credit” to “2002 (c. 21)”; in paragraph (b), sub-paragraphs (i) to (iia) and, in sub-paragraph (iii), the words from “or any tax credit” to “2002 (c. 21)”.
Legal Aid (Scotland) Act 1986 (c. 47) | In sections 8(b) and 11(2)(b), the words from “income support” to the end.
Children Act 1989 (c. 41) | In section 17— in subsection (9), the words from “of income support” to the end; subsection (12).
In section 17A(5)(b), the words from of “income support” to the end.
In section 29(3) and (3A), the words from “of income support” to the end.
In section 105(1), the definitions of— “income-based jobseeker's allowance”; “income-related employment and support allowance”.
In Schedule 2, in paragraph 21(4), the words from “income support” to the end.
Child Support Act 1991 (c. 48) | In section 54(1), the definitions of— “income support”; “income-based jobseeker's allowance”; “income-related employment and support allowance”.
In paragraph 5(4) of Schedule 1, as it has effect apart from section 1 of the Child Support, Pensions and Social Security Act 2000, the words from “income support” to “support allowance”.
Social Security Contributions and Benefits Act 1992 (c. 4) | In sections 4C(2)(b), (5)(c) and (7)(a), “contribution-based”.
In section 22— in subsections (2)(a) and (5), “contribution-based“; subsection (8).
In section 44A(7), “contributory“.
In section 122(1), the definition of “contribution-based jobseeker's allowance“.
Sections 123 to 137.
Section 175(6).
In Schedule 3, in paragraph 5(6B), “or 4(2)(b)”.
Social Security Administration Act 1992 (c. 5) | Section 1(4)(b).
Sections 2A to 2H.
In section 5— subsection (2)(b) and (e); in subsection (6), “or housing benefit”.
Section 6.
In section 7— in the heading, the words “community charge benefits and other“; subsection (2), so far as not otherwise repealed; subsection (3)(b) and the preceding “and”.
Section 7A(1) to (5).
In section 15A— in subsection (1)(a), the words from “income support” to “employment and support allowance”; in subsection (1)(b), the words from “or the applicable” to “employment and support allowance”; in subsection (1), in the words after paragraph (b), the words from “or applicable” to “employment and support allowance”; in subsection (4), in the definition of “qualifying associate”, “income support, an income-based jobseeker's allowance,”, “or an income-related employment and support allowance,”, “Part VII of the Contributions and Benefits Act or”, “under the Jobseekers Act 1995,” and “or Part 1 of the Welfare Reform Act 2007”; in subsection (4), in the definition of “relevant benefits”, paragraph (b).
Section 71(11)(b).
Section 71ZH(1)(c) and (d) (as inserted by section 105 of this Act).
Section 71A.
In section 73(1) and (4)(b), “contribution-based”.
In section 74— in subsection (1)(b), “income support, an income-based jobseeker's allowance” and “or an income-related employment and support allowance“; in subsection (2)(b), “income support, an income-based jobseeker's allowance,” and “or an income-related employment and support allowance“; subsection (3); in subsection (4), “or (3)” and paragraph (b) and the preceding “and”.
In section 74A(7), the words from “income support” to “employment and support allowance”.
Section 75 (and the preceding cross-heading).
Sections 76 and 77.
In section 78(6)(d), “income support or an income-based jobseeker's allowance”.
In the heading to Part V, “Income support and”.
In section 105— in subsection (1)(b), the words from “income support” to “support allowance”; subsection (3)(b) and the preceding “or”; subsection (4).
In section 106(1), (2), (3) and (4)(a), “income support or”.
In section 108(1)(a), “income support or”.
In section 109(1), “or income support or an income-related employment and support allowance”, in both places.
In section 109A— subsection (3)(b) to (d); subsections (6) and (7).
Sections 110A and 110AA.
In section 111— in subsection (1)(ab), “or 110AA”; in subsection (3), “or 110A”.
In section 115A— in subsection (1), “or an authority”, “71A, 75 or 76” and “or authority”; in subsection (1A) (as inserted by section 113 of this Act), “or an authority” in both places and “71A, 75 or 76“; in subsection (2), “or authority”, in both places; in subsection (5), “or authority”, in both places; subsections (7A) and (7B).
In section 115B— in subsection (1), “or an authority that administers housing benefit or council tax benefit”; in subsection (3), “or authority”, in both places; in subsection (4)(a) (as substituted by section 102 of this Act), “ or authority ”; in subsection (4A) (as so substituted), the words from “(and, where“ to the end; in subsection (6), “or authority”, in both places.
In section 115C (as inserted by section 116 of this Act)— in subsection (5), the words from “(and, where” to the end; in subsection (6), in the definition of “appropriate authority”, paragraph (b) and the preceding “or“.
In section 115D(5) (as inserted by section 116 of this Act), the words from “(and, where” to the end.
In section 116— in subsection (2)(a), “(other than proceedings to which paragraph (b) applies)” (as substituted by section 111 (a) of this Act); subsection (2)(b) and the preceding “and”; subsection (3)(b) and the preceding “and”; subsections (4) and (5).
Section 116A.
Section 121DA(6).
Sections 122C to 122E.
In section 122F, in subsection (3)(a) and (4), “housing benefit”.
Section 124(2)(b).
In section 126(1)— “income support, an income-based jobseeker's allowance“; “an income-related employment and support allowance”.
Section 128A (and the preceding cross-heading).
Section 134.
Sections 138 to 140G.
In section 150— subsection (1)(h); in subsection (1)(m) “or 4(2)(a) or (6)(c)”; in subsection (7), “Part VII of the Contributions and Benefits Act or” and the words from “or which“ to the end; subsection (10)(b)(i) and (ii).
Section 151(6).
Section 159.
In section 159B— in subsection (1)(b)(iii), “contribution-based”; in subsection (6), in the definitions of “alteration” and “component”, “contribution-based“.
In section 159D (as inserted by Schedule 2 to this Act)— in subsection (1)(b)(iv), “contribution-based”; in subsection (6), in the definitions of “alteration” and “component”, “contribution-based“.
Sections 160 and 160A.
In section 160B(5), “or 4(2)(a)“.
Section 163(2)(d).
In section 166— in subsections (1)(c) and (2)(b), “relating to a contribution-based jobseeker's allowance”; in subsection (2)(ba), “relating to a contributory employment and support allowance”.
In section 170(5), in the definition of “the relevant enactments”, paragraph (aj).
Section 176(1)(a) and (b).
Section 179(4)(b)(i) and (5)(a) and (d).
Section 182A(3)(c).
Section 182B(2).
Section 187(1)(b).
In section 189— subsections (7) and (7A); in subsection (8), “140B, 140C”.
Section 190(1)(aa) and (ab).
In section 191, the definitions of— “billing authority“; “contribution-based jobseeker's allowance”; “contributory employment and support allowance”; “council tax benefit scheme”; “housing authority“; “housing benefit scheme“; “income-based jobseeker's allowance”; “income-related benefit“; “income-related employment and support allowance”; “rent rebate” and “rent allowance”.
In Schedule 4, the paragraphs headed “Local authorities etc”.
Local Government Finance Act 1992 (c. 14) | In Schedule 4— in paragraph 6(1) and (2)(b), “income support”. paragraph 12(1)(b); in paragraph 12(1)(d), “deductions from income support”.
In Schedule 8, in paragraph 6(1) and (2)(b), “income support”.
In Schedule 9, paragraphs 1 to 13, 15 to 17, 19 to 24 and 25(a) and (c).
Jobseekers Act 1995 (c. 18) | Section 1(2A) to (2D) and (4).
In section 2— subsection (1)(d) and the preceding “and”; in subsection (3C)(d), “contribution-based”; subsection (3C)(e) and the preceding “and”.
Sections 3 to 3B.
In section 4— in subsection (1), “contribution-based”; subsections (3), (3A) and (6) to (11A).
Section 4A.
In section 5— in the heading and in subsection (1), “contribution-based“; in subsection (2), “contribution-based”, in the first two places; in subsection (3), “contribution-based”.
Section 13.
Sections 15 to 17.
In section 17A(10), the definition of “claimant”.
Section 18.
Section 23.
Sections 25 and 26.
Section 28.
Section 31.
In section 35(1)— in the definition of “claimant”, the words from “except” to the end; the definitions of “contribution-based jobseeker's allowance”, “income-based conditions”, “income-based jobseeker's allowance”, “income-related employment and support allowance”, “joint claim couple” and “joint-claim jobseeker's allowance” and “the nominated member”.
In section 38— in subsections (3) and (4), “contribution-based”; subsection (6).
Section 40.
In Schedule 1— in paragraph 6(1), “contribution-based”; paragraphs 8 and 8A; paragraphs 9 to 10; in paragraph 11(1), “contribution-based”; in paragraph 16(1) and (2)(d), “contribution-based“; paragraph 18(b) and (c).
In Schedule 2, paragraphs 29 to 35, 53(4) and 73(3) and (4).
Children (Scotland) Act 1995 (c. 36) | Section 22(4)(a) to (c).
Housing Act 1996 (c. 52) | In section 122— in the heading and in subsection (1) “housing benefit and rent allowance subsidy”; subsections (2) to (7).
Schedule 12.
In Schedule 13, paragraph 3(3) to (6).
Education Act 1996 (c. 56) | In section 457(4)— sub-paragraphs (i) to (iia); in sub-paragraph (iii), the words from “or entitled” to “such a tax credit”.
In section 512ZB(4)— paragraph (a)(i) to (iia); paragraph (aa)(ii); paragraph (b)(i) to (iia); paragraph (c)(ii) and the preceding “or”.
In section 579(1), the definition of “income-related employment and support allowance”.
Social Security (Recovery of Benefits) Act 1997 (c. 27) | In Schedule 2, in the second column of the table, the reference to income support.
Social Security Administration (Fraud) Act 1997 (c. 47) | Section 3.
Section 4(1).
Section 5.
Sections 8 to 10.
Section 16.
In Schedule 1, paragraphs 3 and 7.
Social Security Act 1998 (c. 14) | Section 8(3)(c).
In section 8(5), the words from “other than” to the end.
Section 34.
In section 39(1), the definition of “claimant”.
Section 79(8).
In Schedule 2— paragraph 1 (and the preceding heading); paragraph 5A (and the preceding heading); paragraph 6(b)(i); paragraph 7 (and the preceding heading).
In Schedule 3, in paragraph 5, “or 71A”.
In Schedule 7, paragraphs 95, 97, 98, 139, 140 and 146.
Audit Commission Act 1998 (c. 18) | Sections 38 and 39.
Section 50.
In Schedule 1, paragraph 8(2)(b).
In Schedule 2A, in paragraph 3— in the definition of “national studies functions”, paragraph (d); in the definition of “reporting functions”, paragraph (a); the definition of “section 139A inspector”.
In Schedule 3, paragraph 23.
Scotland Act 1998 (c. 46) | In Part 2 of Schedule 5, in Section F1, under the heading “Illustrations”, “administration and funding of housing benefit and council tax benefit;”.
Access to Justice Act 1999 (c. 22) | In Schedule 4, paragraph 48.
Local Government Act 1999 (c. 27) | Section 13A(4A).
Section 14.
Section 29(2A).
Welfare Reform and Pensions Act 1999 (c. 30) | Sections 57 and 58.
Section 72(3)(a).
In Schedule 7, paragraphs 2(3) and (4), 4, 5(3) and (4), 6, 9 to 11, 15 and 16.
In Schedule 8, paragraphs 28 and 29(2), (4), (5) and (7).
In Schedule 12, paragraphs 79, 80, 82, 83 and 87.
Immigration and Asylum Act 1999 (c. 33) | Section 97(5)(a).
In section 115(1)— “to income-based jobseeker's allowance under the Jobseekers Act 1995 or”; the words from “or to income-related” to “support allowance)“; paragraphs (e), (j) and (k).
Child Support, Pensions and Social Security Act 2000 (c. 19) | Section 68.
Section 71.
In Schedule 6, paragraph 3.
Schedule 7.
Local Government Act 2000 (c. 22) | Section 96.
Capital Allowances Act 2001 (c. 2) | In Schedule A1, in paragraph 17(1)— in paragraph (a), the words from “disregarding any” to “working tax credit,”; in paragraph (b), “child tax credit or working tax credit”.
Social Security Fraud Act 2001 (c. 11) | Section 1(5).
Section 2(2).
Section 6.
In section 6A(1), in the definition of “sanctionable benefit”, paragraph (a).
In section 6B— in subsection (2)(b)(i), “or an authority which administers housing benefit or council tax benefit”; subsections (6), (7), (9) and (10).
In section 7— subsections (3), (4), (4B) and (5); in subsection (10), “8 or“.
Section 8.
In section 9— subsection (1)(a), (b), (bc), (c) and (d); subsections (3), (4), (4B) and (5).
In section 10(2), “8”.
In section 11(3)— paragraph (b); paragraph (d).
In section 13, the definitions of— “income-based jobseeker's allowance”, “joint-claim jobseeker's allowance” and “joint-claim couple“; “income-related allowance“.
Section 14.
State Pension Credit Act 2002 (c. 16) | Section 15(1)(b).
In section 17(1), the definition of “working tax credit”.
Section 18A(7)(c) and the preceding “or”.
In Schedule 2, paragraphs 2 to 4 and 36 to 38.
Tax Credits Act 2002 (c. 21) | Part 1 (but not Schedule 1 or 3).
Employment Act 2002 (c. 22) | Section 49.
In Schedule 6, paragraphs 2 and 3.
In Schedule 7, paragraphs 9, 10, 12(a), 15 and 51.
Income Tax (Earnings and Payments) Act 2003 (c. 1) | In Schedule 6, paragraphs 179 and 228 to 230.
Local Government Act 2003 (c. 26) | In Schedule 7, paragraphs 34 to 39.
Public Audit (Wales) Act 2004 (c. 23) | In Schedule 2, paragraph 15.
Civil Partnership Act 2004 (c. 33) | In Schedule 24, paragraphs 42 to 46, 55, 118 to 122 and 144 to 147.
Pensions Act 2004 (c. 35) | In Schedule 10, paragraph 3.
Commissioners for Revenue and Customs Act 2005 (c. 11) | Section 5(1)(c) and the preceding “and”.
Section 44(3)(d) and the preceding “and”.
Section 54(4)(f) and the preceding “and”.
In Schedule 1, paragraphs 4 and 31.
Education Act 2005 (c. 18) | In section 108(1)(a), “or tax credits”.
In section 110— subsection (1); in subsection (3), “(1) or”.
Childcare Act 2006 (c. 21) | In section 13A— subsection (1); in subsection (3), “(1) or”.
Welfare Reform Act 2007 (c. 5) | In section 1— in subsection (2), in the opening words, “either”; in subsection (2)(a), “Part 1 of” and “that Part of”; subsection (2)(b) and the preceding “or”; subsection (3)(e); in subsection (3)(f), the words from “(and” to “allowance)”; in subsection (3A), “Part 1 of”; in subsection (6), the definition of “joint-claim jobseeker's allowance”; subsections (6A) and (7).
In section 1A— in the heading, “contributory”; in subsections (1) (in both places), (3) and (4), “Part 1 of”.
Section 1B (2).
In section 2, in the heading, “contributory”.
In section 3, in the heading, “contributory”.
Sections 4 to 6.
Section 23.
In section 24(1), the definitions of “contributory allowance”, “income-related allowance” and “income support”.
In section 26(1)(a), “or 4(4)(c) or (5)(c)”.
Section 27(2)(a) and (4).
Section 29.
Sections 30 to 34.
Sections 37 to 39.
Section 41(2)(a) to (d) and (3).
Sections 46 and 47.
Section 48(1) to (3).
In Schedule 1— the heading to Part 1; paragraph 1(5)(e) and the preceding “and”; Part 2.
In Schedule 2— in the headings to paragraphs 6 and 7, “Contributory allowance:“; paragraph 8; paragraph 11(b) and (c); paragraph 12, so far as not otherwise repealed.
In Schedule 3, paragraphs 1, 2, 4, 9(9) and (10), 10(3), (8)(b), (15) and (32)(b) and (c) and 12(3) and (4).
Schedule 4.
In Schedule 5, paragraphs 1, 3 to 9, 12 and 13.
In Schedule 7, paragraph 3(2).
Tribunals, Courts and Enforcement Act 2007 (c. 15) | In Schedule 13, paragraph 103.
Pensions Act 2007 (c. 22) | In Schedule 1, paragraph 25.
Local Government and Public Involvement in Health Act 2007 (c. 28) | Section 147(2).
Section 148(1)(b).
Section 150.
Child Maintenance and Other Payments Act 2008 (c. 6) | Section 45(2).
In Schedule 7, paragraph 2(2).
Corporation Tax Act 2009 (c. 4) | In section 1059— subsection (3); in subsection (5), “child tax credit or working tax credit”.
In section 1108— subsection (3); in subsection (5), “child tax credit or working tax credit”.
Welfare Reform Act 2009 (c. 24) | Section 2.
Section 3(1) and (2).
Sections 4 and 5.
Section 8(2)(a).
Section 9.
Section 34(1) and (2).
Sections 35 and 36.
Section 37(3).
Schedule 2.
In Schedule 4, paragraph 3.
Part 1 of Schedule 7.
In Part 3 of Schedule 7, the entries relating to — section 2B of the Social Security Administration Act 1992; section 72(3)(b) of the Welfare Reform and Pensions Act 1999; paragraph 5A of Schedule 2 to the Social Security Act 1998; the Employment Act 2002; the Civil Partnership Act 2004.
Welfare Reform Act 2012 (c. 5) | Section 50(1).
Section 52(2).
Section 58(2).
Section 59.
Section 69.
Section 105(5).
Section 106(3).
Section 111.
Section 130(7)(b) and (c).
In section 131— in subsection (3), “or housing benefit” in all three places; in subsection (7)(a)(i), the words from “or a person engaged” to the end; in subsection (9)(a)(i), the words from “or a person engaged” to the end; subsection (11)(d) to (f); in subsection (12), the definition of “person engaged in the administration of housing benefit”.
In Schedule 7, paragraphs 3 and 10(2).
In Schedule 9, paragraphs 18, 22, 26 and 27.
In Schedule 11, paragraphs 12 to 14.
In Schedule 12, paragraph 5.
Part 2 Entitlement to jobseeker's allowance without seeking employment
Short title and chapter | Extent of repeal
Welfare Reform Act 2009 (c. 24) | Section 4(2)(a), (3) and (4).
Section 8(2)(b).
In section 32(2), in the inserted section 20E of the Jobseekers Act 1995— subsection (1) (a) to (c); in subsection (2)(c), “or 18A”; subsection (2)(d); in subsection (3)(a), “11A, 11C,” and “or 18B”; in subsection (4)(a), “11A”.
In section 32— in subsection (3)(e), the words from “as” to “Act)”; in subsection (3)(f), the words from “as” to “Schedule)”; subsection (5).
Schedule 1.
In Part 3 of Schedule 7, the entries relating to— sections 15A and 17A(1) of the Jobseekers Act 1995; paragraphs 2(2), (3) and (4)(b), 3, 4(1), 12 and 13 of Schedule 7 to the Welfare Reform and Pensions Act 1999; paragraph 12(2) of Schedule 3 to the Welfare Reform Act 2007.
Part 3 Jobseeker's allowance: responsibilities for interim period
Short title and chapter | Extent of repeal
Jobseekers Act 1995 (c. 18) | Section 8(2)(ca) and (d), (2A) and (3).
Section 17A(5)(d) to (f) and (6) to (9).
Section 20(4) to (6).
Sections 20A and 20B.
In section 35(1), the definition of “jobseeker's agreement”.
Social Security Act 1998 (c. 14) | In Schedule 7, paragraph 141.
Welfare Reform and Pensions Act 1999 (c. 30) | In Schedule 7, paragraphs 12 and 13.
In Schedule 8, paragraph 29(5).
Welfare Reform Act 2009 (c. 24) | Section 1(4) and (5).
Section 25.
Section 32(3)(e) and (f) and (4).
Section 33.
In Part 3 of Schedule 7, the entries relating to sections 8(3) and 9(13).
Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) | In Schedule 2, paragraph 38.
Part 4 Jobseeker's allowance: responsibilities after introduction of universal credit
Short title and chapter | Extent of repeal
Social Security Administration Act 1992 (c. 5) | Section 71ZH(1)(b) (as inserted by section 105 of this Act).
Jobseekers Act 1995 (c. 18) | Section 17A, so far as not otherwise repealed.
Section 17B.
Sections 19 to 19C (as substituted by section 46(1) of this Act).
Section 20(1) to (3), (7) and (8).
Section 20E, so far as not otherwise repealed.
Section 22(2).
In section 35(1)— in the definition of “employment”, “except in section 7“; the definitions of “employment officer” (as inserted by section 44(5) of this Act) and “jobseeker's direction” (as inserted by Schedule 7 to this Act); the definition of “training”.
Section 36(1A) (as inserted by Schedule 7 to this Act) and (4A).
In section 37(1)— in paragraph (a)(i), “6, 7”; paragraph (ab) (as inserted by section 46(2) of this Act).
In Schedule 1, paragraph 8B.
Social Security Act 1998 (c. 14) | In Schedule 3, paragraph 8 (and the preceding heading).
In Schedule 7, paragraphs 134 and 135.
Welfare Reform Act 2009 (c. 24) | Section 1(1) to (3).
Section 29.
Section 32(1) to (3).
Welfare Reform Act 2012 (c. 5) | Section 44(3) to (5).
Section 45.
Section 46(1) and (2).
In Schedule 7, paragraphs 2, 4, 5, 7, 8, 9, 10(1) and (3), 11, 14 and 16.
Part 5 Employment and support allowance: responsibilities after introduction of universal credit
Short title and chapter | Extent of repeal
Welfare Reform Act 2007 (c. 5) | Section 1C (as inserted by section 54 of this Act).
Section 16A (as inserted by section 56 of this Act).
Section 24(3A) and (3B).
Section 26(1)(b).
Welfare Reform Act 2009 (c. 24) | Section 3(3) to (5).
Section 8, so far as not otherwise repealed.
Section 10.
Welfare Reform Act 2012 (c. 5) | Section 54(3) to (5).
Sections 55 and 56.
Section 58(1) and (3).
Part 6 Claimants dependent on drugs etc
Short title and chapter | Extent of repeal
Jobseekers Act 1995 (c. 18) | In section 36(4A)(a) and (b), “or Schedule A1”.
In section 37(1)(c), “, any paragraph of Schedule A1”.
In Schedule 1, in paragraph 19 “(other than paragraph 8 of Schedule A1)”.
Social Security Act 1998 (c. 14) | In Schedule 3, in paragraph 3(da), “, or Schedule A1 to,”.
Welfare Reform Act 2007 (c. 5) | In section 16— subsection (1)(d) to (f); in subsections (2)(a) and (3)(a), “or Schedule 1A”.
In section 25(6), “or Schedule 1A“.
Section 26(1)(d).
In Schedule 2— in paragraph 10A(1), “or Schedule 1A”; in paragraph 12, paragraph (ca) (but not the final “or”); in paragraph 13, “, or under any paragraph of Schedule 1A other than paragraph 8,”.
Welfare Reform Act 2009 (c. 24) | In section 32, in the section 20E to be inserted into the Jobseekers Act 1995— subsection (1)(d) to (f); in subsections (3)(a) and (4)(a), “or Schedule A1”.
In Schedule 7, in Part 3, the entry relating to Schedule A1 to the Jobseekers Act 1995.
Part 8 Social fund: ending of discretionary payments
Short title and chapter | Extent of repeal
Parliamentary Commissioner Act 1967 (c. 13) | In Schedule 2, the entry relating to the social fund Commissioner.
Superannuation Act 1972 (c. 11) | In Schedule 1, the entry relating to the Office of the social fund Commissioner for Great Britain.
House of Commons Disqualification Act 1975 (c. 24) | In Schedule 1, in Part 3, the entry relating to the social fund Commissioner.
Social Security Contributions and Benefits Act 1992 (c. 4) | In section 138— in subsection (1), the “and” preceding paragraph (b); subsections (3) and (5).
Sections 139 and 140.
Social Security Administration Act 1992 (c. 5) | Section 12.
Section 71ZA.
Section 78(1) to (3E) and (5) to (9).
Section 168.
In Schedule 4, in Part 1— the heading “The Social Fund”; under that heading, the entries relating to the social fund Commissioner, a social fund inspector and a member of any staff employed in connection with the social fund.
Jobseekers Act 1995 (c. 18) | Section 32(2).
In Schedule 2, paragraph 51.
Social Security Act 1998 (c. 14) | Section 8(1)(b) (but not the “and“ following it).
In section 9(1), “Subject to section 36(3) below,”.
In section 10(1), “and section 36(3)”.
Sections 36 to 38.
Section 70(2).
Section 71.
Section 75.
In Schedule 7, paragraphs 72, 73 and 103.
Freedom of Information Act 2000 (c. 36) | In Schedule 1, in Part 6, the entry relating to the social fund Commissioner appointed under section 65 of the Social Security Administration Act 1992.
Civil Partnership Act 2004 (c. 33) | In Schedule 24, paragraph 61.
Welfare Reform Act 2007 (c. 5) | Section 54(a).
In Schedule 7, paragraphs 2(3), 3(4) and (5) and 4.
Welfare Reform Act 2012 (c. 5) | Sections 71 and 72.
Section 106(2) and (4).
Part 11 Recovery of benefit payments
Short title and chapter | Extent of repeal
Social Security Administration Act 1992 (c. 5) | Section 7(2)(a).
In section 71— subsection (7); in subsection (8), “or (7)”; subsections (10A) and (10B); subsection (11)(aa) and (ac).
Part 13 Information-sharing between Secretary of State and HMRC
Short title and chapter | Extent of repeal
Social Security Administration Act 1992 (c. 5) | In section 121E— in subsections (2) and (2ZA), the words “subject to subsection (2A),”, “social security,” and “or employment or training”; subsection (2A).
In section 121F— in subsections (1) and (1A), the words “social security,” and “or employment or training”; in subsection (2), “(subject to subsection (2A))”; subsection (2A).
Sections 122 and 122ZA.
Finance Act 1997 (c. 16) | Section 110.
Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) | In Schedule 6, paragraphs 2 and 10.
Tax Credits Act 2002 (c. 21). | In Schedule 5— in paragraph 4(2) “social security or”; paragraph 4(3) in paragraph 4(3A) “social security,”; in paragraph 4(3B), “social security or”; in paragraph 4(4), “(3) and”; in paragraph 6(1), “social security,”; in paragraph 6(1A), “social security,” in paragraph 6(3) “social security or”; paragraph 12(a).
Employment Act 2002 (c. 22) | In Schedule 6, paragraphs 5, 6, 11(b) and 13(b) and (c).
In Schedule 7, paragraph 50.
Commissioners for Revenue and Customs Act 2005 (c. 11) | In Schedule 4, paragraph 45.
Work and Families Act 2006 (c. 18) | In Schedule 1, paragraph 45.
Welfare Reform Act 2007 (c. 5) | In Schedule 3, paragraph 10(13).
Child Maintenance and Other Payments Act 2008 (c. 6) | In Schedule 7, paragraph 2(4) and (6).
Part 14 Standards of decision-making
Short title and chapter | Extent of repeal
Pension Schemes Act 1993 (c. 48) | In section 171A— in subsection (2), paragraph (b) and the preceding “or”; in subsection (3), “, or annexed to,”.
Child Maintenance and Other Payments Act 2008 (c. 6) | In Schedule 7, paragraph 3(3).