(1) There is to be paid out of money provided by Parliament—
(a) any expenditure incurred in consequence of this Act by a Minister of the Crown, a government department or the Registrar General for England and Wales, and
(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.
(2) There is to be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other Act.
(1) The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland—
section 24 and Schedule 4 (loss of benefit provisions);
section 36 (power to rename council tax benefit); and
this section and sections 61 and 62.
(2) Section 56 and Schedule 6 (birth registration) extend to England and Wales only.
(3) Subject to subsection (4), the other provisions of this Act extend to England and Wales and Scotland only.
(4) Any amendment, repeal or revocation made by this Act has the same extent as the enactment to which it relates.
(5) Subsection (4) is subject to paragraph 20(2) of Schedule 6.
(1) The following provisions of this Act come into force on the day on which this Act is passed—
sections 1 and 2;
section 8;
section 11;
section 23;
sections 27 and 28;
section 37;
section 57;
sections 59 and 60;
this section;
section 62; and
Schedule 3.
(2) The following provisions of this Act come into force at the end of the period of 2 months beginning with the day on which this Act is passed—
section 15;
section 34;
Part 2;
section 58(2) and (3); and
Part 2 of Schedule 7 so far as relating to the repeals and revocation mentioned in section 58(2).
(3) The other 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 and in relation to different areas;
(b) make such provision as the Secretary of State considers necessary or expedient for transitory, transitional or saving purposes in connection with the coming into force of any provision falling within that subsection.
(5) Before making an order under subsection (3) in relation to any provision of Part 1 of Schedule 6 (birth registration), the Secretary of State must consult the Registrar General for England and Wales.
Schedule 4 Loss of benefit provisions: further amendments
Section 24
Part 1 Further amendments of Social Security Fraud Act 2001
1 In this Part of this Schedule “the 2001 Act” means the Social Security Fraud Act 2001 (c. 11).
2 (1) Section 7 of the 2001 Act (loss of benefit for commission of benefit offences) is amended as follows.
(2) In subsection (8)—
(a) after the definition of “benefit offence” insert—
“post-commencement offence” means an offence committed on or after 1 April 2002 (the day on which this section came into force).
, and
(b) omit the definitions of “disqualifying benefit” and “sanctionable benefit”.
(3) In subsection (9)—
(a) in paragraph (a), after “sentenced)” insert “ or in the case mentioned in paragraph (b)(ii) the date of the order for absolute discharge ”, and
(b) for paragraph (b) substitute—
(b) references to a conviction include references to—
(i) a conviction in relation to which the court makes an order for absolute or conditional discharge or a court in Scotland makes a probation order,
(ii) an order for absolute discharge made by a court of summary jurisdiction in Scotland under section 246(3) of the Criminal Procedure (Scotland) Act 1995 without proceeding to a conviction, and
(iii) a conviction in Northern Ireland.
.
(4) Omit subsection (11).
(5) In the heading, for “commission of benefit offences” substitute “ second or subsequent conviction of benefit offence ”.
3 (1) Section 8 of the 2001 Act (effect of offence on joint-claim jobseeker's allowance) is amended as follows.
(2) In subsection (1)(b), for “the restriction in subsection (2) of section 7” substitute “ an offence-related restriction ”.
(3) After subsection (1) insert—
(1A) In this section—
(a) “an offence-related restriction” means the restriction in subsection (5) of section 6B or the restriction in subsection (2) of section 7, and
(b) in relation to an offence-related restriction, any reference to the relevant period is a reference to a period which is the disqualification period for the purposes of section 6B or section 7, as the case requires.
(4) In subsection (2)—
(a) for “the disqualification period” substitute “ the relevant period ”,
(b) in paragraph (a), for “the restriction in subsection (2) of section 7” substitute “ an offence-related restriction ”, and
(c) in paragraph (b), for “that restriction” substitute “ an offence-related restriction ”.
(5) In subsection (3)—
(a) for “the disqualification period” substitute “ the relevant period ”, and
(b) in paragraph (b), for “convictions section 7” substitute “ conduct section 6B or 7 ”.
(6) In subsection (4), for “the disqualification period” substitute “ the relevant period ”.
(7) After subsection (6) insert—
(7) Where, after the agreement of any member of a couple (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section—
(a) M's agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision, or
(b) it is decided on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998 that the overpayment to which the agreement relates is not recoverable or due,
all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under this section that could not have been imposed had M not agreed to pay the penalty.
(8) Where, after the agreement (“the old agreement”) of any member of a couple (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section, the amount of the overpayment to which the penalty relates is revised on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998—
(a) if there is a new disqualifying event for the purposes of section 6B consisting of M's agreement to pay a penalty under the appropriate penalty provision in relation to the revised overpayment or M being cautioned in relation to the offence to which the old agreement relates, the new disqualification period for the purposes of section 6B falls to be determined in accordance with section 6C(4)(a), and
(b) in any other case, all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under this section that could not have been imposed had M not agreed to pay the penalty.
(9) In this section “the appropriate penalty provision” has the meaning given by section 6B(2)(a).
4 (1) Section 9 of the 2001 Act (effect of offence on benefits for members of offender's family) is amended as follows.
(2) In subsection (2)(b), for “section 7” substitute “ section 6B or 7 ”.
(3) After subsection (6) insert—
(7) Where, after the agreement of any member of a person's family (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section—
(a) M's agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision, or
(b) it is decided on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998 that the overpayment to which the agreement relates is not recoverable or due,
all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed that could not have been imposed had M not agreed to pay the penalty.
(8) Where, after the agreement (“the old agreement”) of any member of a person's family (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section, the amount of the overpayment to which the penalty relates is revised on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998—
(a) if there is a new disqualifying event for the purposes of section 6B consisting of M's agreement to pay a penalty under the appropriate penalty provision in relation to the revised overpayment or M being cautioned in relation to the offence to which the old agreement relates, the new disqualification period for the purposes of section 6B falls to be determined in accordance with section 6C(4)(a), and
(b) in any other case, all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under this section that could not have been imposed had M not agreed to pay the penalty.
(9) In this section “the appropriate penalty provision” has the meaning given by section 6B(2)(a).
5 (1) Section 10 of the 2001 Act (power to supplement and mitigate loss of benefit provisions) is amended as follows.
(2) In subsection (1), for “sections 7 to 9” substitute “ sections 6A to 9 ”.
(3) In subsection (2), after “section” insert “ 6B, ”.
6 (1) Section 11 of the 2001 Act (loss of benefit regulations) is amended as follows.
(2) In subsections (1) and (2), for “sections 7 to 10” substitute “ sections 6B to 10 ”.
(3) In subsection (3)—
(a) in paragraph (a), after “section” insert “ 6B or ”,
(b) in paragraph (b), after “section” insert “ 6B(6), ”, and
(c) in paragraph (c), after “section” insert “ 6B(7), (8), (9) or (10), ”.
(4) In subsections (4) and (5), for “sections 7 to 10” substitute “ sections 6B to 10 ”.
7 (1) Section 13 of the 2001 Act (interpretation of sections 7 to 12) is amended as follows.
(2) For the words “sections 7 to 12”, both in the section and in the heading to the section, substitute “ sections 6A to 12 ”.
(3) After the definition of “benefit” insert—
“cautioned”, in relation to any person and any offence, means cautioned after the person concerned has admitted the offence; and “caution” is to be interpreted accordingly;
.
(4) Omit the definitions of “disqualification period” and “post-commencement offence”.
(5) In the definition of “sanctionable benefit”, for “section 7(8)” substitute “ section 6A(1) ”.
8 In section 21(2) of the of the 2001 Act (extent), after “sections 5(2),” insert “ 6A, 6B and 6C ”.
Part 2 Related amendments of other Acts
Social Security Administration Act 1992 (c. 5)
9 In section 170 of the Social Security Administration Act 1992 (functions of Social Security Advisory Committee in relation to the relevant enactments and the relevant Northern Ireland enactments), in subsection (5)—
(a) in the definition of the “relevant enactments”, in paragraph (ag), for “sections 7 to 11” substitute “ sections 6A to 11 ”, and
(b) in the definition of “the relevant Northern Ireland enactments”, in paragraph (ag), for “sections 7 to 11” substitute “ sections 6A to 11 ”.
Social Security Act 1998 (c. 14)
10 In paragraph 3 of Schedule 3 to the Social Security Act 1998 (decisions against which an appeal lies), in paragraph (f), after “section” insert “ 6B, ”.
Section 56
Part 1 Amendments of Births and Deaths Registration Act 1953
1 In this Schedule “the 1953 Act” means the Births and Deaths Registration Act 1953 (c. 20).
5 In section 4 of the 1953 Act (registrar's power to require information concerning birth), in paragraph (a), for “three months” substitute “ 12 months ”.
6 In section 5 of the 1953 Act (registration of births free of charge) for “three months” substitute “ 12 months ”.
7 Omit section 6 of the 1953 Act (which makes special provision about registration between 3 and 12 months from the date of birth).
8 In section 7 of the 1953 Act (registration after twelve months from date of birth) omit subsection (3) (which excludes still-births).
9 In section 8 of the 1953 Act (penalty for improper registration after 3 months from date of birth)—
(a) for “the two last foregoing sections” substitute “ section 7 ”, and
(b) for “three months” (both in the section and in the title) substitute “ 12 months ”.
12 (1) Section 10A of the 1953 Act (Re-registration where parents neither married nor civil partners) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (b) for sub-paragraph (ii) substitute—
(ii) a declaration in the prescribed form which is made by that person, states himself to be the father of the child, and is countersigned by a prescribed person; or
,
(b) in paragraph (c) for sub-paragraph (ii) substitute—
(ii) a declaration in the prescribed form which is made by the mother, states that that person is the father of the child, and is countersigned by a prescribed person; or
.
(3) In subsection (1B)—
(a) in paragraph (b) for sub-paragraph (ii) substitute—
(ii) a declaration in the prescribed form which is made by the woman concerned, states herself to be a parent of the child by virtue of section 43 of that Act, and is countersigned by a prescribed person; or
,
(b) in paragraph (c) for sub-paragraph (ii) substitute—
(ii) a declaration in the prescribed form which is made by the mother, states that the woman concerned is a parent of the child by virtue of section 43 of that Act, and is countersigned by a prescribed person; or
.
(4) In subsection (2), omit paragraph (d) (requirement for signature by superintendent registrar where re-registration takes place more than 3 months after the birth) and the word “and” immediately before it.
14 In section 34 of the 1953 Act (entry in register as evidence of birth or death), in subsection (3), for paragraph (a) substitute—
(a) if it appears that not more than 12 months have so intervened—
(i) the original entry was made after the commencement of paragraph 7 of Schedule 6 to the Welfare Reform Act 2009, or
(ii) the entry purports either to be signed by the superintendent registrar as well as by the registrar or to have been made with the authority of the Registrar General;
.
17 After section 39 of the 1953 Act insert—
Regulations made by the Minister: further provisions
39A (1) Regulations made by the Minister under the relevant provisions may—
(a) make different provision for different cases or areas,
(b) provide for exemptions from any of the provisions of the regulations, and
(c) contain such incidental, supplemental and transitional provision as the Minister considers appropriate.
(2) Before making regulations under the relevant provisions, the Minister must consult the Registrar General.
(3) Any power of the Minister to make regulations under the relevant provisions is exercisable by statutory instrument.
(4) A statutory instrument containing regulations made by the Minister under the relevant provisions is subject to annulment in pursuance of a resolution of either House of Parliament.
(5) In this section “the relevant provisions” means sections 2B(1), (4) and (6), 2C, 2D, 2E, 10B and 10C.
Part 2 Other amendments
Population (Statistics) Act 1938 (c. 12)
20 (1) In the Schedule to the Population (Statistics) Act 1938 (particulars which may be required on registration of a birth), in paragraph 1—
(a) for paragraph (a) substitute—
(a) in all cases—
(i) the age of the mother;
(ii) the number of previous children of the mother, and how many of them were born alive or were still-born;
.
(b) for paragraph (c) substitute—
(c) where the birth is of a child whose father and mother were married to each other at the time of the child's birth (or is by reason of any marriage of the child's parents treated by section 1(2) of the Family Law Reform Act 1987 as such a child for the purposes of that Act)—
(i) the date of the marriage, and
(ii) whether the mother had been married, or had formed a civil partnership, before her marriage to the child's father;
(d) where the birth is of a child to whom section 1(3) of that Act applies by reason of any civil partnership between the child's parents—
(i) the date of the formation of the civil partnership, and
(ii) whether the mother had been married, or had formed a civil partnership, before she formed the civil partnership with the child's other parent;
(e) where the birth does not fall within paragraph (c) or (d), whether at any time before the birth the mother had been married or had formed a civil partnership.
(2) This paragraph does not extend to Scotland.
Section 58
Part 2 Abolition of adult dependency increases
Reference | Extent of repeal or revocation
Social Security Contributions and Benefits Act 1992 (c. 4) | In section 20(1)(d), the words “(with increase for adult dependants)”.
In section 63(c), the words “(with increase for adult dependants)”.
Section 82.
Sections 88 to 92.
In section 114(4), the word “82”.
In Part 4 of Schedule 4, paragraphs 3 and 9.
Social Security (Incapacity for Work) Act 1994 (c. 18) | In Schedule 1, paragraphs 25 to 27.
Jobseekers Act 1995 (c. 18) | In Schedule 2, paragraphs 24 and 27.
Welfare Reform and Pensions Act 1999 (c. 30) | In Schedule 8, paragraph 26.
Tax Credits Act 2002 (c. 21) | In Schedule 3, paragraph 34.
Regulatory Reform (Carer's Allowance) Order 2002 (S.I. 2002/1457) | In the Schedule, paragraph 2(d).
Civil Partnership Act 2004 (c. 33) | In Schedule 24, paragraph 35.
Child Benefit Act 2005 (c. 6) | In Schedule 1, paragraph 5.
Pensions Act 2004 (PPF Payments and FAS Payments) (Consequential Provisions) Order 2006 (S.I. 2006/343) | In the Schedule, paragraph 1(2).
Welfare Reform Act 2007 (c. 5) | In Schedule 3, paragraph 9(7) and (8).
Pensions Act 2007 (c. 22) | In Schedule 1, paragraphs 14 and 15.
Part 3 Social security: other repeals and revocations
Reference | Extent of repeal or revocation
Social Security Administration Act 1992 (c. 5) | In section 2A(8), in the definition of “the designated authority”, paragraph (b).
In section 2AA(7), in the definition of “designated authority”, paragraph (b).
....
Section 5(1)(r).
In section 170(5)— in paragraph (ae) of the definition of “the relevant enactments”, the word “60,”, in paragraph (af) of the definition of “the relevant enactments”, the words “, sections 62 to 65”, in paragraph (ae) of the definition of “the relevant Northern Ireland enactments”, the word “60,”, and in paragraph (af) of the definition of “the relevant Northern Ireland enactments”, the words “62 to 65,”.
Jobseekers Act 1995 (c. 18) | ....
....
. . .
In section 16(4), the definition of “employment officer”.
. . .
Section 19(10)(a).
In section 36(1), the words “, other than an order under section 8(3), 9(13), 16(4) or 19(10)(a),”.
....
Employment Rights Act 1996 (c. 18) | In Schedule 1, in paragraph 67(2), paragraph (b) (together with the “and” immediately before it).
Social Security Act 1998 (c. 14) | In Schedule 2, ... (together with the italic heading immediately before it).
In Schedule 3, paragraph 3(e).
In Schedule 7, paragraphs 141, 142 and 145.
Welfare Reform and Pensions Act 1999 (c. 30) | Section 60.
. . .
In section 83(8) and (9), the words “60 or”.
In Schedule 7, ... 7(5) to (7)....
In Schedule 8, paragraph 29(3), (5) and (6).
In Schedule 12, paragraph 87.
Child Support, Pensions and Social Security Act 2000 (c. 19) | Sections 62 to 66.
Criminal Justice and Court Services Act 2000 (c. 43) | In Schedule 7, paragraphs 205 to 207.
Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2000 (S.I. 2000/1563) | Article 4.
Social Security Fraud Act 2001 (c. 11) | In section 7— in subsection (8), the definitions of “disqualifying benefit” and “sanctionable benefit”, and subsection (11).
In section 8(2)(b), sub-paragraph (ii) and the word “or” before it.
Section 12(1).
In section 13, the definitions of “disqualification period” and “post-commencement offence”.
State Pension Credit Act 2002 (c. 16) | In Schedule 2, paragraph 45(3).
Employment Act 2002 (c. 22) | . . .
Criminal Justice Act 2003 (c. 44) | In Schedule 32, paragraphs 130 to 132.
Civil Partnership Act 2004 (c. 33) | . . .
Welfare Reform Act 2007 (c. 5) | In Schedule 3, ... 20 and 23(3).
Criminal Justice and Immigration Act 2008 (c. 4) | In Schedule 4, paragraphs 65 to 67.
Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833) | In Schedule 3, paragraph 102.