Part 3 Other benefit changes

Industrial injuries benefit

63 Injuries arising before 5 July 1948

(1) 5In Part 5 of the Social Security Contributions and Benefits Act 1992 (industrial

injuries benefit), the following provisions are repealed—

(a) in section 94(1), the words “after 4th July 1948”;

(b) in section 103(2)(a), the words “after 4th July 1948”;

(c) in section 108(1), the words “and which developed after 4th July 1948”;

(d) 10in section 108(3), the words “but not before 5th July 1948”;

(e) in section 109(5)(a), the words “after 4th July 1948”;

(f) in section 109(5)(b) and (6)(a), the words “and developed after 4th July

1948”.

(2) Accordingly, section 111 and Schedule 8 of that Act (which relate to

15compensation and benefits in respect of industrial injuries before 5 July 1948)

are repealed.

(3) The Secretary of State may make regulations—

(a) for, and in relation to, the payment of industrial injuries benefit to

persons to whom, before the commencement of this section,

20compensation or benefits were payable under section 111 of, and

Schedule 8 to, the Social Security Contributions and Benefits Act 1992;

(b) for claims for the payment of such compensation or benefit to be treated

as claims for industrial injuries benefit.

(4) In subsection (3) “industrial injuries benefit” has the meaning given by section

25122(1) of the Social Security Contributions and Benefits Act 1992.

(5) Regulations under this section are to be made by statutory instrument.

(6) A statutory instrument containing regulations under this section is subject to

annulment in pursuance of a resolution of either House of Parliament.

64 Persons under 18

(1) 30In Schedule 4 to the Social Security Contributions and Benefits Act 1992 (rates

of benefits), Part 5 (rates of industrial injuries benefit) is amended as follows.

(2) In entry 1 (which relates to disablement pension (weekly rates)), in the second

column (“Rate”)—

(a) in the opening words, for the words from “in that Table” to the end of

35paragraph (b) there is substituted “in column (2) of that Table.”;

(b) in the Table, column (3) is repealed.

(3) In entry 4 (which relates to the maximum of aggregate of weekly benefit

payable for successive accidents), in the second column (“Rate”)—

(a) paragraph (a) is repealed, except for the figure of £145.80;

(b) 40paragraph (b) is repealed, including the figure of £89.35.

65 Trainees

(1) After section 95 of the Social Security Contributions and Benefits Act 1992 there

is inserted—

“95A Employment training schemes etc

(1) 5In the industrial injuries and diseases provisions any reference to

employed earner’s employment shall be taken to include participation

in an employment training scheme or employment training course of a

prescribed description (and “employed earner” shall be construed

accordingly).

(2) 10In those provisions, a reference to an employer, in relation to any such

participation, shall be taken to be a prescribed person.

(3) In this section “industrial injuries and diseases provisions” has the

same meaning as in section 95(4) above.”

(2) In section 11 of the Employment and Training Act 1973 (financial provision), in

15subsection (3) (power to make payments in respect of trainees equivalent to

social security benefits payable in respect of employees), for “Parts II to V”

there is substituted “Parts 2 to 4”.

(3) The Secretary of State may make regulations—

(a) for, and in relation to, the payment of industrial injuries benefit to

20persons to whom, before the commencement of this section, payments

were payable under section 11(3) of the Employment and Training Act

1973;

(b) for claims for such payments to be treated as claims for industrial

injuries benefit.

(4) 25In subsection (3) “industrial injuries benefit” has the meaning given by section

122(1) of the Social Security Contributions and Benefits Act 1992.

(5) Regulations under this section are to be made by statutory instrument.

(6) A statutory instrument containing regulations under this section is subject to

annulment in pursuance of a resolution of either House of Parliament.

66 30Restriction on new claims for industrial death benefit

In Part 6 of Schedule 7 to the Social Security Contributions and Benefits Act

1992 (industrial death benefit), in paragraph 14, after sub-paragraph (1) there

is inserted—

“(1A) No claim may be made for industrial death benefit after the coming

35into force of this sub-paragraph.”

67 Determinations

(1) Section 29(2) of the Social Security Act 1998 (which provides for decisions as to

whether an accident is an industrial accident in the absence of a claim for

benefit) is repealed.

(2) 40In section 30 of that Act (effect of decision), in subsection (1), the words from

“(given” to “otherwise)” are repealed.

Housing benefit

68 Housing benefit: determination of appropriate maximum

(1) Section 130A of the Social Security Contributions and Benefits Act 1992

(appropriate maximum housing benefit) is amended as follows.

(2) 5In subsection (3), for “The regulations may provide” there is substituted “The

provision which may be made by the regulations includes provision”.

(3) For subsections (5) and (6) there is substituted—

“(5) The regulations may, for the purpose of determining the AMHB,

provide for the amount of the liability mentioned in section 130(1)(a)

10above to be taken to be an amount other than the actual amount of that

liability (and, without prejudice to the generality of this subsection,

may provide for it to be taken to be the amount of a rent officer

determination).

(6) The regulations may, for that purpose, make provision for determining

15the amount of liability under section 130(1)(a) above which a person is

treated as having by virtue of regulations under section 137(2)(j) below

(and, without prejudice to the generality of this subsection, may

provide for that amount to be the amount of a rent officer

determination).”

20Social fund

69 Ending of discretionary payments

(1) Section 138(1)(b) of the Social Security Contributions and Benefits Act 1992

(discretionary payments out of social fund) is repealed.

(2) In consequence of the provision made by subsection (1), the office of the social

25fund Commissioner is abolished.

(3) Payments are to be made out of the social fund into the Consolidated Fund in

respect of—

(a) amounts allocated under section 168 of the Social Security

Administration Act 1992 to the making of such payments as are

30mentioned in section 138(1)(b) but which are not so applied in

consequence of subsection (1);

(b) sums relating to such payments as are mentioned in section 138(1)(b)

that are paid into the social fund under section 164 of the Social Security

Administration Act 1992.

(4) 35The payments are to be such as the Secretary of State determines in accordance

with any directions of the Treasury to be appropriate.

(5) Subsection (3) is not to prevent the Secretary of State from re-allocating

amounts allocated under section 168(1) of the Social Security Administration

Act 1992.

(6) 40The Secretary of State may by order provide for the transfer of property, rights

and liabilities from the social fund Commissioner.

(7) An order under this section may—

(a) provide for the transfer of property, rights and liabilities whether or not

they would otherwise be capable of being transferred;

(b) make such supplementary, incidental, consequential or transitional

provision as the Secretary of State considers appropriate.

(8) 5An order under this section is to be made by statutory instrument.

(9) A statutory instrument containing an order under this section is subject to

annulment in pursuance of a resolution of either House of Parliament.

(10) Schedule 8 contains consequential amendments.

70 Purposes of discretionary payments

10In section 138 of the Social Security Contributions and Benefits Act 1992

(payments out of the social fund), in subsection (1)(b), for “to meet other needs”

there is substituted “to meet—

“(i) other needs, and

(ii) in the case of payments by way of budgeting loan, those

15needs for which provision is made by paragraph (a),”.

71 Determination of amount or value of budgeting loan

(1) Section 140 of the Social Security Contributions and Benefits Act 1992

(principles of determination) is amended as follows.

(2) In subsection (4), after paragraph (d) there is inserted—

“(da) 20that the amount or value of a budgeting loan is not to exceed a

sum specified or determined as specified in the direction;”.

(3) After subsection (4) there is inserted—

“(4ZA) A direction under subsection (4)(da) may require the sum to be

determined by applying, or by a method that includes applying, a

25multiplier specified in the direction in circumstances specified in the

direction to the most recent relevant sum published by the Secretary of

State.

(4ZB) A relevant sum is a sum determined from time to time by reference to

so much of any relevant allocation under section 168(1) to (4) of the

30Administration Act as is available for making payments.”

72 External provider social loans and community care grants

Sections 16 to 21 of the Welfare Reform Act 2009 (provisions relating to external

provider social loans and community care grants), which have not been

brought into force, are repealed.

35State pension credit

73 State pension credit: carers

(1) The State Pension Credit Act 2002 is amended as follows.

(2) In section 2 (guarantee credit), in subsection (8), for paragraphs (a) and (b)

there is substituted—

“(a) the claimant has regular and substantial caring responsibilities,

or

(b) the claimant is a member of a couple the other member of which

5has such responsibilities,”.

(3) In section 17 (interpretation), in subsection (1), in the appropriate place there is

inserted—

• ““regular and substantial caring responsibilities” has such
  
  meaning as may be prescribed;”.

74 10State pension credit: capital limit

In section 1 of the State Pension Credit Act 2002 (entitlement), in subsection

(2)—

(a) in paragraph (b), the final “and” is repealed;

(b) at the end there is inserted “and

“(d) 15his capital does not exceed a prescribed amount”.

Part 4 Personal independence payment

Personal independence payment

75 Personal independence payment

(1) 20An allowance known as personal independence payment is payable in

accordance with this Part.

(2) A person’s entitlement to personal independence payment may be an

entitlement to—

(a) the daily living component (see section 76);

(b) 25the mobility component (see section 77); or

(c) both those components.

(3) A person is not entitled to personal independence payment unless the person

meets prescribed conditions relating to residence and presence in Great

Britain.

76 30Daily living component

(1) A person is entitled to the daily living component at the standard rate if—

(a) the person’s ability to carry out daily living activities is limited by the

person’s physical or mental condition; and

(b) the person meets the required period condition.

(2) 35A person is entitled to the daily living component at the enhanced rate if—

(a) the person’s ability to carry out daily living activities is severely limited

by the person’s physical or mental condition; and

(b) the person meets the required period condition.

(3) In this section, in relation to the daily living component—

(a) “the standard rate” means such weekly rate as may be prescribed;

(b) “the enhanced rate” means such weekly rate as may be prescribed.

(4) In this Part “daily living activities” means such activities as may be prescribed

for the purposes of this section.

(5) 5See sections 78 and 79 for provision about determining—

(a) whether the requirements of subsection (1)(a) or (2)(a) above are met;

(b) whether a person meets “the required period condition” for the

purposes of subsection (1)(b) or (2)(b) above.

(6) This section is subject to the provisions of this Part, or regulations under it,

10relating to entitlement to the daily living component (see in particular sections

80 (persons who are terminally ill) and 81 (persons of pensionable age)).

77 Mobility component

(1) A person is entitled to the mobility component at the standard rate if—

(a) the person is of or over the age prescribed for the purposes of this

15subsection;

(b) the person’s ability to carry out mobility activities is limited by the

person’s physical or mental condition; and

(c) the person meets the required period condition.

(2) A person is entitled to the mobility component at the enhanced rate if—

(a) 20the person is of or over the age prescribed for the purposes of this

subsection;

(b) the person’s ability to carry out mobility activities is severely limited by

the person’s physical or mental condition; and

(c) the person meets the required period condition.

(3) 25In this section, in relation to the mobility component—

(a) “the standard rate” means such weekly rate as may be prescribed;

(b) “the enhanced rate” means such weekly rate as may be prescribed.

(4) In this Part “mobility activities” means such activities as may be prescribed for

the purposes of this section.

(5) 30See sections 78 and 79 for provision about determining—

(a) whether the requirements of subsection (1)(b) or (2)(b) above are met;

(b) whether a person meets “the required period condition” for the

purposes of subsection (1)(c) or (2)(c) above.

(6) This section is subject to the provisions of this Part, or regulations under it,

35relating to entitlement to the mobility component (see in particular sections 80

and 81).

(7) Regulations may provide that a person is not entitled to the mobility

component for a period (even though the requirements in subsection (1) or (2)

are met) in prescribed circumstances where the person’s condition is such that

40during all or most of the period the person is unlikely to benefit from enhanced

mobility.

78 Ability to carry out daily living activities or mobility activities

(1) For the purposes of this Part, the following questions are to be determined in

accordance with regulations—

(a) whether a person’s ability to carry out daily living activities is limited

5by the person’s physical or mental condition;

(b) whether a person’s ability to carry out daily living activities is severely

limited by the person’s physical or mental condition;

(c) whether a person’s ability to carry out mobility activities is limited by

the person’s physical or mental condition;

(d) 10whether a person’s ability to carry out mobility activities is severely

limited by the person’s physical or mental condition.

(2) Regulations must make provision for determining, for the purposes of each of

sections 76(1) and (2) and 77(1) and (2), whether a person meets “the required

period condition” (see further section 79).

(3) 15Regulations under this section—

(a) must provide for the questions mentioned in subsections (1) and (2) to

be determined, except in prescribed circumstances, on the basis of an

assessment (or repeated assessments) of the person;

(b) must provide for the way in which an assessment is to be carried out;

(c) 20may make provision about matters which are, or are not, to be taken

into account in assessing a person.

(4) The regulations may, in particular, make provision—

(a) about the information or evidence required for the purpose of

determining the questions mentioned in subsections (1) and (2);

(b) 25about the way in which that information or evidence is to be provided;

(c) requiring a person to participate in such a consultation, with a person

approved by the Secretary of State, as may be determined under the

regulations (and to attend for the consultation at a place, date and time

determined under the regulations).

(5) 30The regulations may include provision—

(a) for a negative determination to be treated as made if a person fails

without a good reason to comply with a requirement imposed under

subsection (4);

(b) about what does or does not constitute a good reason for such a failure;

(c) 35about matters which are, or are not, to be taken into account in

determining whether a person has a good reason for such a failure.

(6) In subsection (5)(a) a “negative determination” means a determination that a

person does not meet the requirements of—

(a) section 76(1)(a) and (b) or (2)(a) and (b) (daily living component);

(b) 40section 77(1)(a) to (c) or (2)(a) to (c) (mobility component).

79 Required period condition: further provision

(1) Regulations under section 78(2) must provide for the question of whether a

person meets “the required period condition” for the purposes of section 76(1)

or (2) or 77(1) or (2) to be determined by reference to—

(a) 45whether, as respects every time in the previous 6 months, it is likely that

if the relevant ability had been assessed at that time that ability would

have been determined to be limited or (as the case may be) severely

limited by the person’s physical or mental condition; and

(b) whether, as respects every time in the next 6 months, it is likely that if

the relevant ability were to be assessed at that time that ability would

5be determined to be limited or (as the case may be) severely limited by

the person’s physical or mental condition.

(2) In subsection (1) “the relevant ability” means—

(a) in relation to section 76(1) or (2), the person’s ability to carry out daily

living activities;

(b) 10in relation to section 77(1) or (2), the person’s ability to carry out

mobility activities.

(3) In subsection (1)—

(a) “assessed” means assessed in accordance with regulations under

section 78;

(b) 15“the previous 6 months” means the 6 months ending with the

prescribed date;

(c) “the next 6 months” means the 6 months beginning with the day after

that date.

(4) Regulations under section 78(2) may provide that in prescribed cases the

20question of whether a person meets “the required period condition” for the

purposes of section 76(1) or (2) or 77(1) or (2)—

(a) is not to be determined in accordance with the provision made by

virtue of subsections (1) to (3) above;

(b) is to be determined in accordance with provision made in relation to

25those cases by the regulations.

Entitlement and payability: further provision

80 Terminal illness

(1) This section applies to a person who—

(a) is terminally ill; and

(b) 30has made a claim for personal independence payment expressly on the

ground of terminal illness.

(2) A person to whom this section applies is entitled to the daily living component

at the enhanced rate (and accordingly section 76(1) and (2) do not apply to such

a person).

(3) 35Section 77(1)(c) and (2)(c) (required period condition for mobility component)

do not apply to a person to whom this section applies.

(4) For the purposes of this section a person is “terminally ill” at any time if at that

time the person suffers from a progressive disease and the person’s death in

consequence of that disease can reasonably be expected within 6 months.

(5) 40For the purposes of this section, where—

(a) a person purports to make a claim for personal independence payment

on behalf of another, and

(b) the claim is made expressly on the ground that the person on whose

behalf it purports to be made is terminally ill,

that person is to be regarded as making the claim despite its being made

without that person’s knowledge or authority.

(6) In subsection (2) “the enhanced rate” has the meaning given by section 76(3).

81 Persons of pensionable age

(1) 5A person is not entitled to the daily living component or the mobility

component for any period after the person reaches the relevant age.

(2) In subsection (1) “the relevant age” means—

(a) pensionable age (within the meaning given by the rules in paragraph 1

of Schedule 4 to the Pensions Act 1995); or

(b) 10if higher, 65.

(3) Subsection (1) is subject to such exceptions as may be provided by regulations.

82 No entitlement to daily living component where UK is not competent state

(1) A person to whom a relevant EU Regulation applies is not entitled to the daily

living component for a period unless during that period the United Kingdom

15is competent for payment of sickness benefits in cash to the person for the

purposes of Chapter 1 of Title III of the Regulation in question.

(2) Each of the following is a “relevant EU Regulation” for the purposes of this

section—

(a) Council Regulation (EC) No 1408/71 of 14 June 1971 on the application

20of social security schemes to employed persons, to self-employed

persons and to members of their families moving within the

Community;

(b) Regulation (EC) No 883/2004 of the European Parliament and of the

Council of 29 April 2004 on the coordination of social security systems.

83 25Persons receiving certain services

(1) Regulations may provide as mentioned in either or both of the following

paragraphs—

(a) that no amount in respect of personal independence payment which is

attributable to entitlement to the daily living component is payable in

30respect of a person for a period when the person meets the condition in

subsection (2);

(b) that no amount in respect of personal independence payment which is

attributable to entitlement to the mobility component is payable in

respect of a person for a period when the person meets the condition in

35subsection (2).