PART 4 continued
Contents page 10-19 20-19 30-19 40-19 50-19 60-19 70-19 80-19 90-19 100-19 110-19 120-19 130-19 140-19 150-19 160-19 170-19 180-19 190-19 200-19 210-19 Last page
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Sections 71 to 76 of the Social Security Contributions and Benefits Act 1992
(disability living allowance) are repealed.
Schedule 9 contains amendments relating to this Part.
(1)
The Secretary of State may by regulations make such consequential,
supplementary or incidental provision in relation to any provision of this Part
10as the Secretary of State considers appropriate.
(2)
The Scottish Ministers may by regulations make such consequential,
supplementary or incidental provision in relation to any provision of this Part
as they consider appropriate, subject to subsection (3).
(3)
The Scottish Ministers may only make provision under subsection (2) which
15would be within the legislative competence of the Scottish Parliament if it were
contained in an Act of that Parliament.
(4) Regulations under this section may—
(a)
amend, repeal or revoke any primary or secondary legislation passed
or made before the day on which this Act is passed, or
(b)
20amend or repeal any provision of an Act passed on or after that day but
in the same session of Parliament.
(5) In this section—
(a) “primary legislation” means an Act or Act of the Scottish Parliament;
(b)
“secondary legislation” means any instrument made under primary
25legislation.
(1)
Regulations may make such provision as the Secretary of State considers
necessary or expedient in connection with the coming into force of any
provision of this Part.
(2)
30Schedule 10 (transitional provision for introduction of personal independence
payment) has effect.
(1)
Regulations under this Part are to be made by the Secretary of State, unless
otherwise provided.
(2) 35A power to make regulations under this Part may be exercised—
(a) so as to make different provision for different cases or purposes;
(b)
in relation to all or only some of the cases or purposes for which it may
be exercised.
(3) Such a power includes—
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(a)
power to make incidental, supplementary, consequential or
transitional provision or savings;
(b)
power to provide for a person to exercise a discretion in dealing with
any matter.
(4)
5The power under subsection (2)(a) includes, in particular, power to make
different provision for persons of different ages.
(5)
Regulations made under this Part by the Secretary of State are to be made by
statutory instrument.
(6)
A statutory instrument containing (whether alone or with other provision)
10either or both of the following—
(a) the first regulations under section 78;
(b)
the first regulations under that section containing provision about
assessment of persons under the age of 16,
may not be made unless a draft of the instrument has been laid before, and
15approved by a resolution of, each House of Parliament.
(7)
Any other statutory instrument containing regulations under this Part is
subject to annulment in pursuance of a resolution of either House of
Parliament.
(8) Regulations made by the Scottish Ministers under section 89 are subject to—
(a)
20the affirmative procedure, if they contain provision amending or
repealing primary legislation (within the meaning of that section), and
(b) the negative procedure, in any other case.
In this Part—
25“daily living activities” has the meaning given by section 76(4);
“daily living component” means the daily living component of personal
independence payment;
“mobility activities” has the meaning given by section 77(4);
“mobility component” means the mobility component of personal
30independence payment;
“prescribed” means prescribed by regulations.
(1)
Regulations may provide for a benefit cap to be applied to the welfare benefits
to which a single person or couple is entitled.
(2)
For the purposes of this section, applying a benefit cap to welfare benefits
means securing that, where a single person’s or couple’s total entitlement to
40welfare benefits in respect of the reference period exceeds the relevant amount,
their entitlement to welfare benefits in respect of any period of the same
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duration as the reference period is reduced by an amount up to or equalling the
excess.
(3)
In subsection (2) the “reference period” means a period of a prescribed
duration.
(4) 5Regulations under this section may in particular—
(a)
make provision as to the manner in which total entitlement to welfare
benefits for any period, or the amount of any reduction, is to be
determined;
(b)
make provision as to the welfare benefit or benefits from which a
10reduction is to be made;
(c) provide for exceptions to the application of the benefit cap;
(d)
make provision as to the intervals at which the benefit cap is to be
applied;
(e)
make provision as to the relationship between application of the benefit
15cap and any other reduction in respect of a welfare benefit;
(f)
provide that where in consequence of a change in the relevant amount,
entitlement to a welfare benefit increases or decreases, that increase or
decrease has effect without any further decision of the Secretary of
State;
(g) 20make supplementary and consequential provision.
(5) In this section the “relevant amount” is an amount specified in regulations.
(6)
The amount specified under subsection (5) is to be determined by reference to
estimated average earnings.
(7)
In this section “estimated average earnings” means the amount which, in the
25opinion of the Secretary of State, represents at any time the average weekly
earnings of a working household in Great Britain after deductions in respect of
tax and national insurance contributions.
(8)
The Secretary of State may estimate such earnings in such manner as the
Secretary of State thinks fit.
(9)
30Regulations under this section may not provide for any reduction to be made
from a welfare benefit—
(a)
provision for which is within the legislative competence of the Scottish
Parliament;
(b)
provision for which is within the legislative competence of the National
35Assembly for Wales;
(c)
provision for which is made by the Welsh Ministers, the First Minister
for Wales or the Counsel General to the Welsh Assembly Government.
(10) In this section—
“couple” means two persons of a prescribed description;
40“prescribed” means prescribed in regulations;
“regulations” means regulations made by the Secretary of State;
“single person” means a person who is not a member of a couple;
“welfare benefit” means any prescribed benefit, allowance, payment or
credit.
(11) 45Regulations under subsection (10) may not prescribe as welfare benefits—
(a) state pension credit under the State Pension Credit Act 2002, or
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(b)
retirement pensions under Part 2 or 3 of the Social Security
Contributions and Benefits Act 1992.
(1)
Regulations under section 93 may make different provision for different
5purposes or cases.
(2) Regulations under section 93 must be made by statutory instrument.
(3)
A statutory instrument containing regulations under section 93 is subject to
annulment in pursuance of a resolution of either House of Parliament.
(4)
In section 150 of the Social Security Administration Act 1992 (annual up-rating
10of benefits) after subsection (7) there is inserted—
“(7A) The Secretary of State—
(a)
shall in each tax year review the amount specified under
subsection (5) of section 93 of the Welfare Reform Act 2011
(benefit cap) to determine whether its relationship with
15estimated average earnings (within the meaning of that section)
has changed, and
(b)
after that review, may, if the Secretary of State considers it
appropriate, include in the draft of an up-rating order provision
increasing or decreasing that amount.”
(5)
20In Schedule 2 to the Social Security Act 1998 (decisions against which no appeal
lies) after paragraph 8 there is inserted—
8A
A decision to apply the benefit cap in accordance with regulations
under section 93 of the Welfare Reform Act 2011.”
(1)
Section 5(1) of the Social Security Administration Act 1992 (regulations about
claims and payments) is amended as follows.
(2)
In paragraph (d) (conditional awards), for the words from “the condition” to
30the end there is substituted—
“(i)
the condition that the requirements for entitlement are
satisfied at a prescribed time after the making of the
award, or
(ii) other prescribed conditions;”.
(3)
35In paragraph (e), for “those requirements” there is substituted “the conditions
referred to in paragraph (d)”.
(4)
In paragraph (g) (claims made on behalf of another), after “applies” there is
inserted “(including in particular, in the case of a benefit to be claimed by
persons jointly, enabling one person to claim for such persons jointly)”.
(5)
40In paragraph (j) (notice of change of circumstances etc), at the end there is
inserted “or of any other change of circumstance of a prescribed description”.
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(1)
Section 5 of the Social Security Administration Act 1992 (regulations about
claims and payments) is amended as follows.
(2)
In subsection (1), paragraphs (h) and (hh) (powers to make provision requiring
5the furnishing of information or evidence) are repealed.
(3) After that subsection there is inserted—
“(1A)
Regulations may make provision for requiring a person of a prescribed
description to supply any information or evidence which is, or could
be, relevant to—
(a)
10a claim or award relating to a benefit to which this section
applies, or
(b) potential claims or awards relating to such a benefit.”
(4) Subsection (3A) is repealed.
(5)
In section 22 of the Social Security Act 1998 (suspension for failure to furnish
15information etc), in subsection (3), for “subsection (1)(hh) of section 5” there is
substituted “section 5(1A)”.
In section 5 of the Social Security Administration Act 1992 (regulations about
20claims and payments), after subsection (3A) there is inserted—
“(3B)
The power in subsection (1)(i) above to make provision for the person
to whom a benefit is to be paid includes, in the case of a benefit awarded
to persons jointly, power to make provision for the Secretary of State to
determine to which of them all or any part of a payment should be
25made, and in particular for the Secretary of State—
(a)
to determine that payment should be made to whichever of
those persons they themselves nominate, or
(b)
to determine that payment should be made to one of them
irrespective of any nomination by them.”
(1)
In section 5(1) of the Social Security Administration Act 1992 (regulations
about claims and payments), for paragraph (r) there is substituted—
“(r) for the making of a payment on account of such a benefit—
(i)
in cases where it is impracticable for a claim to be made
35or determined immediately, or for an award to be
determined or paid in full immediately,
(ii) in cases of need, or
(iii)
in cases where the Secretary of State considers in
accordance with prescribed criteria that the payment
40can reasonably be expected to be recovered;”.
(2)
Section 22 of the Welfare Reform Act 2009 (payments on account), which has
not been brought into force, is repealed.
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(1) The Social Security Act 1998 is amended as follows.
(2) In section 12 (appeals to First-tier Tribunal), in subsection (2)—
(a) 5the words from “in relation to” to the end become paragraph (a), and
(b) after that paragraph there is inserted “, or
“(b) where regulations under subsection (3A) so provide.”
(3) After subsection (3) of that section there is inserted—
“(3A)
Regulations may provide that, in such cases or circumstances as may be
10prescribed, there is a right of appeal under subsection (2) in relation to
a decision only if the Secretary of State has considered whether to revise
the decision under section 9.
(3B)
The regulations may in particular provide that that condition is met
only where—
(a)
15the 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
20condition specified in the regulations.
(3C)
The references in subsections (3A) and (3B) to regulations and to the
Secretary of State are subject to any enactment under or by virtue of
which the functions under this Chapter are transferred to or otherwise
made exercisable by a person other than the Secretary of State.”
(4) 25In subsection (7) of that section—
(a) the words from “make provision” to the end become paragraph (a);
(b) after that paragraph there is inserted—
“(b)
provide that, where in accordance with regulations
under subsection (3A) there is no right of appeal against
30a decision, any purported appeal may be treated as an
application for revision under section 9.”
(5)
In section 80(1)(a) (affirmative procedure for certain regulations) after “12(2)”
there is inserted “or (3A)”.
(6) Schedule 11 contains similar amendments to other Acts.
(7)
35Subsection (8) applies where regulations under a provision mentioned in
subsection (9) are made so as to have effect in relation to a limited area (by
virtue of provision made under section 139(4)(b)).
(8)
Any power to make, in connection with those regulations, provision as
respects decisions and appeals may be exercised so that that provision applies
40only in relation to the area mentioned in subsection (7).
(9) The provisions referred to in subsection (7) are—
(a) section 12(3A) of the Social Security Act 1998;
(b) section 4(1B) of the Vaccine Damage Payments Act 1979;
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(c)
subsection (2A) of section 20 of the Child Support Act 1991 (as
substituted by section 10 of the Child Support, Pensions and Social
Security Act 2000);
(d)
subsection (3A) of section 20 of the Child Support Act 1991 (as it has
5effect apart from section 10 of the Child Support, Pensions and Social
Security Act 2000);
(e) section 11(2A) of the Social Security (Recovery of Benefits) Act 1997;
(f)
paragraph 6(5A) of Schedule 7 to the Child Support, Pensions and
Social Security Act 2000;
(g) 10section 50(1A) of the Child Maintenance and Other Payments Act 2008.
(1)
Schedule 12 contains amendments reinstating powers to make decisions
superseding decisions made by appellate bodies before their functions were
transferred to the First-tier Tribunal and Upper Tribunal.
(2) 15The following have effect as if they had come into force on 3 November 2008—
(a) the amendments made by Schedule 12, and
(b)
if regulations made in the exercise of the powers conferred by virtue of
those amendments so provide, those regulations.
(1)
In section 189 of the Social Security Administration Act 1992 (regulations and
orders - general), after subsection (5) there is inserted—
“(5A)
The provision referred to in subsection (5) includes, in a case where
regulations under this Act require or authorise the use of electronic
25communications, provision referred to in section 8(4) and (5) and 9(5)
of the Electronic Communications Act 2000.
(5B)
For the purposes of subsection (5A), references in section 8(4) and (5)
and 9(5) of the Electronic Communications Act 2000 to an order under
section 8 of that Act are to be read as references to regulations under
30this Act; and references to anything authorised by such an order are to
be read as references to anything required or authorised by such
regulations.”
(2)
In section 79 of the Social Security Act 1998 (regulations and orders), after
subsection (6) there is inserted—
“(6A)
35The provision referred to in subsection (6) includes, in a case where
regulations under this Act require or authorise the use of electronic
communications, provision referred to in section 8(4) and (5) and 9(5)
of the Electronic Communications Act 2000.
(6B)
For the purposes of subsection (6A), references in section 8(4) and (5)
40and 9(5) of the Electronic Communications Act 2000 to an order under
section 8 of that Act are to be read as references to regulations under
this Act; and references to anything authorised by such an order are to
be read as references to anything required or authorised by such
regulations.”
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(1)
In the Social Security Administration Act 1992, after section 71ZA there is
inserted—
(1)
The Secretary of State may recover any amount of the following paid in
excess of entitlement—
(a) universal credit,
(b) 10jobseeker’s allowance,
(c) employment and support allowance, and
(d)
except in prescribed circumstances, housing credit (within the
meaning of the State Pension Credit Act 2002).
(2) An amount recoverable under this section is recoverable from—
(a) 15the person to whom it was paid, or
(b)
such other person (in addition to or instead of the person to
whom it was paid) as may be prescribed.
(3)
An amount paid in pursuance of a determination is not recoverable
under this section unless the determination has been—
(a) 20reversed or varied on an appeal, or
(b)
revised or superseded under section 9 or section 10 of the Social
Security Act 1998,
except where regulations otherwise provide.
(4)
Regulations may provide that amounts recoverable under this section
25are to be calculated or estimated in a prescribed manner.
(5)
Where an amount of universal credit is paid for the sole reason that a
payment by way of prescribed income is made after the date which is
the prescribed date for payment of that income, that amount is for the
purposes of this section paid in excess of entitlement.
(6)
30In the case of a benefit referred to in subsection (1) which is awarded to
persons jointly, an amount paid to one of those persons may for the
purposes of this section be regarded as paid to the other.
(7)
An amount recoverable under this section may (without prejudice to
any other means of recovery) be recovered—
(a) 35by deduction from benefit (section 71ZC);
(b) through the courts etc (section 71ZD);
(c) by adjustment of benefit (section 71ZE).
(1)
An amount recoverable from a person under section 71ZB may be
40recovered by deducting the amount from payments of prescribed
benefit to the person.
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(2)
Where an amount recoverable from a person under section 71ZB was
paid to the person on behalf of another, subsection (1) authorises its
recovery from the person by deduction—
(a) from prescribed benefits to which the person is entitled,
(b)
5from prescribed benefits paid to the person to discharge (in
whole or in part) an obligation owed to that person by the
person on whose behalf the recoverable amount was paid, or
(c)
from prescribed benefits paid to the person to discharge (in
whole or in part) an obligation owed to that person by any other
10person.
(3)
Where an amount is recovered as mentioned in paragraph (b) of
subsection (2), the obligation specified in that paragraph shall in
prescribed circumstances be taken to be discharged by the amount of
the deduction.
(4)
15Where an amount is recovered as mentioned in paragraph (c) of
subsection (2), the obligation specified in that paragraph shall in all
cases be taken to be so discharged.
(1)
Where an amount is recoverable under section 71ZB from a person
20residing in England and Wales, the amount is, if a county court so
orders, recoverable—
(a) under section 85 of the County Courts Act 1984, or
(b) otherwise as if it were payable under an order of the court.
(2)
Where an amount is recoverable under section 71ZB from a person
25residing in Scotland, the amount recoverable may be enforced as if it
were payable under an extract registered decree arbitral bearing a
warrant for execution issued by the sheriff court of any sheriffdom in
Scotland.
(3)
Any costs of the Secretary of State in recovering an amount of benefit
30under this section may be recovered by him as if they were amounts
recoverable under section 71ZB.
(4)
In any period after the coming into force of this section and before the
coming into force of section 62 of the Tribunals, Courts and
Enforcement Act 2007, subsection (1)(a) has effect as if it read “by
35execution issued from the county court”.
Regulations may for the purpose of the recovery of amounts
recoverable under section 71ZB make provision—
(a)
for treating any amount paid to a person under an award which
40it is subsequently determined was not payable—
(i) as properly paid, or
(ii)
as paid on account of a payment which it is determined
should be or should have been made,
and for reducing or withholding arrears payable by virtue of the
45subsequent determination;
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(b)
for treating any amount paid to one person in respect of another
as properly paid for any period for which it is not payable in
cases where in consequence of a subsequent determination—
(i)
the other person is entitled to a payment for that period,
5or
(ii)
a third person is entitled in priority to the payee to a
payment for that period in respect of the other person,
and by reducing or withholding any arrears payable for that
period by virtue of the subsequent determination.
(1)
The Secretary of State may recover any amount paid under section
5(1)(r) (payments on account).
(2) An amount recoverable under this section is recoverable from—
(a) the person to whom it was paid, or
(b)
15such other person (in addition to or instead of the person to
whom it was paid) as may be prescribed.
(3)
Regulations may provide that amounts recoverable under this section
are to be calculated or estimated in a prescribed manner.
(4)
In the case of a payment on account of a benefit which is awarded to
20persons jointly, an amount paid to one of those persons may for the
purposes of this section be regarded as paid to the other.
(5)
Sections 71ZC and 71ZD apply in relation to amounts recoverable
under this section as to amounts recoverable under section 71ZB.
(1) 25The Secretary of State may recover any amount paid by way of—
(a)
a payment under section 28 of the Welfare Reform Act 2011
(universal credit hardship payments) which is recoverable
under that section,
(b)
a payment under section 19C of the Jobseekers Act 1995
30(jobseeker’s allowance hardship payments) which is
recoverable under that section,