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Welfare Reform Bill (HL Bill 75)

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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Work and Pensions, are
published separately as HL Bill 75—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Lord Freud has made the following statement under section 19(1)(a) of the Human
Rights Act 1998:

In my view the provisions of the Welfare Reform Bill are compatible with the
Convention rights.

Contents

  1. Part 1

    Universal credit

    1. Chapter 1

      Entitlement and awards

      1. Introductory

        1. 1. Universal credit

        2. 2. Claims

      2. Entitlement

        1. 3. Entitlement

        2. 4. Basic conditions

        3. 5. Financial conditions

        4. 6. Restrictions on entitlement

      3. Awards

        1. 7. Basis of awards

        2. 8. Calculation of awards

      4. Elements of an award

        1. 9. Standard allowance

        2. 10. Responsibility for children and young persons

        3. 11. Housing costs

        4. 12. Other particular needs or circumstances

    2. Chapter 2

      Claimant responsibilities

      1. Introductory

        1. 13. Work-related requirements: introductory

        2. 14. Claimant commitment

      2. Work-related requirements

        1. 15. Work-focused interview requirement

        2. 16. Work preparation requirement

        3. 17. Work search requirement

        4. 18. Work availability requirement

      3. Application of work-related requirements

        1. 19. Claimants subject to no work-related requirements

        2. 20. Claimants subject to work-focused interview requirement only

        3. 21. Claimants subject to work preparation requirement

        4. 22. Claimants subject to all work-related requirements

      4. Work-related requirements: supplementary

        1. 23. Connected requirements

        2. 24. Imposition of requirements

        3. 25. Compliance with requirements

      5. Reduction of benefit

        1. 26. Higher-level sanctions

        2. 27. Other sanctions

        3. 28. Hardship payments

      6. Administration

        1. 29. Delegation and contracting out

        2. 30. Regulations: piloting

    3. Chapter 3

      Supplementary and general

      1. Supplementary and consequential

        1. 31. Supplementary regulation-making powers

        2. 32. Supplementary and consequential amendments

        3. 33. Power to make supplementary and consequential provision etc

      2. Universal credit and other benefits

        1. 34. Abolition of benefits

        2. 35. Universal credit and state pension credit

        3. 36. Universal credit and working-age benefits

        4. 37. Migration to universal credit

      3. General

        1. 38. Capability for work or work-related activity

        2. 39. Information

        3. 40. Couples

        4. 41. Interpretation of Part 1

      4. Regulations

        1. 42. Regulations: general

        2. 43. Regulations: procedure

  2. Part 2

    Working-age benefits

    1. Chapter 1

      Jobseeker’s allowance

      1. Claimant responsibilities for interim period

        1. 44. Claimant commitment for jobseeker’s allowance

        2. 45. Interviews

        3. 46. Sanctions

        4. 47. Procedure for regulation-making powers

        5. 48. Consequential amendments

      2. Claimant responsibilities after introduction of universal credit

        1. 49. Claimant responsibilities for jobseeker’s allowance

    2. Chapter 2

      Employment and support allowance

      1. Conditions of entitlement

        1. 50. Dual entitlement

        2. 51. Period of entitlement to contributory allowance

        3. 52. Condition relating to youth

      2. Claimant responsibilities for interim period

        1. 53. Claimant commitment for employment and support allowance

        2. 54. Work experience etc

        3. 55. Hardship payments

      3. Claimant responsibilities after introduction of universal credit

        1. 56. Claimant responsibilities for employment and support allowance

    3. Chapter 3

      Income support

      1. 57. Entitlement of lone parents to income support etc

      2. 58. Claimant commitment for income support

    4. Chapter 4

      Miscellaneous

      1. Claimants dependent on drugs etc

        1. 59. Claimants dependent on drugs etc

      2. Entitlement to work

        1. 60. Entitlement to work: jobseeker’s allowance

        2. 61. Entitlement to work: employment and support allowance

        3. 62. Entitlement to work: maternity allowance and statutory payments

  3. Part 3

    Other benefit changes

    1. Industrial injuries benefit

      1. 63. Injuries arising before 5 July 1948

      2. 64. Persons under 18

      3. 65. Trainees

      4. 66. Restriction on new claims for industrial death benefit

      5. 67. Determinations

    2. Housing benefit

      1. 68. Housing benefit: determination of appropriate maximum

    3. Social fund

      1. 69. Ending of discretionary payments

      2. 70. Purposes of discretionary payments

      3. 71. Determination of amount or value of budgeting loan

      4. 72. External provider social loans and community care grants

    4. State pension credit

      1. 73. State pension credit: carers

      2. 74. State pension credit: capital limit

  4. Part 4

    Personal independence payment

    1. Personal independence payment

      1. 75. Personal independence payment

      2. 76. Daily living component

      3. 77. Mobility component

      4. 78. Ability to carry out daily living activities or mobility activities

      5. 79. Required period condition: further provision

    2. Entitlement and payability: further provision

      1. 80. Terminal illness

      2. 81. Persons of pensionable age

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

      4. 83. Persons receiving certain services

      5. 84. Prisoners

    3. Supplementary

      1. 85. Claims, awards and information

      2. 86. Report to Parliament

    4. General

      1. 87. Abolition of disability living allowance

      2. 88. Amendments

      3. 89. Power to make supplementary and consequential provision

      4. 90. Transitional

      5. 91. Regulations

      6. 92. Interpretation of Part 4

  5. Part 5

    Social security: general

    1. Benefit cap

      1. 93. Benefit cap

      2. 94. Benefit cap: supplementary

    2. Claims and awards

      1. 95. Claims and awards

      2. 96. Powers to require information relating to claims and awards

    3. Payments

      1. 97. Payments to joint claimants

      2. 98. Payments on account

    4. Appeals

      1. 99. Power to require consideration of revision before appeal

      2. 100. Supersession of decisions of former appellate bodies

    5. Electronic communications

      1. 101. Electronic communications

    6. Recovery of benefits

      1. 102. Recovery of benefit payments

      2. 103. Deduction from earnings: other cases

      3. 104. Recovery of child benefit and guardian’s allowance

      4. 105. Application of Limitation Act 1980

    7. Recovery of fines from benefit

      1. 106. Recovery of fines etc by deductions from employment and support allowance

    8. Investigation and prosecution of offences

      1. 107. Powers to require information relating to investigations

      2. 108. Time limits for legal proceedings

      3. 109. Prosecution powers of local authorities

    9. Penalties as alternative to prosecution

      1. 110. Penalty in respect of benefit fraud not resulting in overpayment

      2. 111. Amount of penalty

      3. 112. Period for withdrawal of agreement to pay penalty

    10. Civil penalties

      1. 113. Civil penalties for incorrect statements and failures to disclose information

    11. Loss of benefit

      1. 114. Benefit offences: disqualifying and sanctionable benefits

      2. 115. Benefit offences: period of sanction

      3. 116. Benefit offences: sanctions for repeated benefit fraud

      4. 117. Loss of tax credits

      5. 118. Cautions

    12. Administration of tax credits

      1. 119. Tax credit fraud: investigation

      2. 120. Information-sharing for prevention etc of tax credit fraud

      3. 121. Tax credit fraud: prosecution and penalties

      4. 122. Unauthorised disclosure of information relating to tax credit offences

      5. 123. Tax credits: transfer of functions etc

    13. Information-sharing

      1. 124. Information-sharing between Secretary of State and HMRC

      2. 125. Information-sharing in relation to provision of overnight care etc

      3. 126. Information-sharing in relation to welfare services etc

      4. 127. Unlawful disclosure of information

      5. 128. Sections 125 to 127: supplementary

      6. 129. Information-sharing for social security or employment purposes etc

  6. Part 6

    Miscellaneous

    1. Tell Us Once

      1. 130. Functions of registration service

    2. Child support maintenance

      1. 131. Supporting maintenance agreements

      2. 132. Collection of child support maintenance

      3. 133. Indicative maintenance calculations

      4. 134. Exclusion from individual voluntary arrangements

    3. Employment and training

      1. 135. Use of jobcentres by sex industry

    4. Social Mobility and Child Poverty Commission

      1. 136. Social Mobility and Child Poverty Commission

  7. Part 7

    Final

    1. 137. Repeals

    2. 138. Financial provision

    3. 139. Extent

    4. 140. Commencement

    5. 141. Short title

    1. Schedule 1

      Universal credit: supplementary regulation-making powers

    2. Schedule 2

      Universal credit: amendments

    3. Schedule 3

      Abolition of benefits: consequential amendments

    4. Schedule 4

      Housing credit element of state pension credit

      1. Part 1

        Amendments to State Pension Credit Act 2002

      2. Part 2

        Amendments to other Acts

    5. Schedule 5

      Universal credit and other working-age benefits

    6. Schedule 6

      Migration to universal credit

    7. Schedule 7

      Jobseeker’s allowance in interim period: consequential
      amendments

    8. Schedule 8

      Social fund discretionary payments: consequential
      amendments

    9. Schedule 9

      Personal independence payment: amendments

    10. Schedule 10

      Personal independence payment: transitional

    11. Schedule 11

      Power to require consideration of revision before appeal

    12. Schedule 12

      Supersession of decisions of former appellate bodies

    13. Schedule 13

      Social Mobility and Child Poverty Commission

      1. Part 1

        Establishment of Social Mobility and Child Poverty
        Commission

      2. Part 2

        Supplementary amendments to Child Poverty Act 2010

      3. Part 3

        Supplementary amendments to other Acts

    14. Schedule 14

      Repeals

      1. Part 1

        Abolition of benefits superseded by universal credit

      2. Part 2

        Entitlement to jobseeker’s allowance without seeking
        employment

      3. Part 3

        Jobseeker’s allowance: responsibilities for interim period

      4. Part 4

        Jobseeker’s allowance: responsibilities after introduction of
        universal credit

      5. Part 5

        Employment and support allowance: responsibilities after
        introduction of universal credit

      6. Part 6

        Claimants dependent on drugs etc

      7. Part 7

        Industrial injuries arising before 5 July 1948

      8. Part 8

        Social fund: ending of discretionary payments

      9. Part 9

        Disability living allowance

      10. Part 10

        Powers to require information relating to claims and awards

      11. Part 11

        Recovery of benefit payments

      12. Part 12

        Loss of benefit: cautions

      13. Part 13

        Information-sharing between Secretary of State and HMRC

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