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(b) to make such incidental, supplemental, consequential, transitional or
saving provision as the Secretary of State thinks necessary or expedient.

(3) Regulations under sections 125 and 126 must be made by statutory instrument.

(4) A statutory instrument containing regulations under section 125 or 126 is
5subject 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
10that 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(6) The following are repealed—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.

129 15Information-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(3) 20The following are repealed—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repealed.

25Part 6 Miscellaneous

Tell Us Once

130 Functions of registration service

In the Registration Service Act 1953, after section 19 there is inserted—

19A 30Functions relating to transmission of information to Secretary of State

(1) The functions of a registrar of births and deaths, a superintendent
registrar and the Registrar General include the power to—

(a) transmit information entered in a register of births to the
Secretary of State, and

(b) 35verify 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

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(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
5the 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.

Child support maintenance

131 10Supporting maintenance agreements

(1) In section 9 of the Child Support Act 1991 (maintenance agreements), after
subsection (2) there is inserted—

(2A) The Commission may, with a view to reducing the need for
applications under sections 4 and 7—

(a) 15take such steps as it considers appropriate to encourage the
making and keeping of maintenance agreements, and

(b) before accepting an application under those sections, require
the applicant to take reasonable steps to establish whether it is
possible or appropriate to make such an agreement.

(2) 20In 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 Commission may before accepting an application required by
provision under sub-paragraph (2)(b) require the applicant to take
25reasonable steps to establish whether it is possible or appropriate to
make a maintenance agreement (within the meaning of section 9 of
the Child Support Act 1991).

132 Collection of child support maintenance

(1) The Child Support Act 1991 is amended as follows.

(2) 30In 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 Commission may only make arrangements under
subsection (2)(a) if—

(a) 35the non-resident parent agrees to the arrangements, or

(b) the Commission 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) 40in subsection (3), for the words from “person with care” to “made or”
there is substituted “person with care or”;

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(b) after subsection (3) there is inserted—

(3A) The Commission may only make arrangements under
subsection (3)(a) if—

(a) the non-resident parent agrees to the arrangements, or

(b) 5the Commission 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))”.

133 10Indicative maintenance calculations

After section 9 of the Child Support Act 1991 there is inserted—

9A Maintenance agreements: indicative calculations

(1) A person with care or non-resident parent in relation to any qualifying
child or qualifying children may apply to the Commission for an
15indicative calculation with respect to that child or any of those children.

(2) A qualifying child who has attained the age of 12 years and is
habitually resident in Scotland may apply to the Commission for an
indicative calculation with respect to himself or herself.

(3) An indicative calculation is a calculation of the amount of child support
20maintenance which the Commission considers would in accordance
with section 11 be fixed by a maintenance calculation if such a
calculation were made with respect to the child or children in question.

(4) An indicative calculation does not create any liability on any person to
pay child support maintenance.

(5) 25The Commission may limit the number of applications it will accept
under this section in any particular case in such manner as it thinks fit.

(6) Where a person who is alleged to be the parent of a child with respect
to whom an application for an indicative calculation has been made
denies being one of the child’s parents, the Commission shall not make
30the indicative calculation on the assumption that the person is one of
the child’s parents unless the case falls within paragraph (b) of Case A3
in section 26(2).

134 Exclusion from individual voluntary arrangements

(1) In the Insolvency Act 1986, in section 382 (meaning of “bankruptcy debt” etc),
35at 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 “,
40“liability””.

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Employment and training

135 Use of jobcentres by sex industry

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
5is inserted—

2A Restriction on section 2 arrangements: sex industry

(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) 10it 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) 15The 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.

Social Mobility and Child Poverty Commission

136 20Social Mobility and Child Poverty Commission

Schedule 13 amends the Child Poverty Act 2010 for the purpose of establishing
the Social Mobility and Child Poverty Commission.

Part 7 Final

137 25Repeals

Schedule 14 contains consequential repeals.

138 Financial provision

There shall be paid out of money provided by Parliament—

(a) sums paid by the Secretary of State by way of universal credit or
30personal 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
35other Act out of money so provided.

139 Extent

(1) This Act extends to England and Wales and Scotland only, subject as follows.

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(2) The following provisions extend to England and Wales, Scotland and Northern
Ireland—

(a) section 33 (power to make consequential and supplementary provision:
universal credit);

(b) 5section 34 (abolition of benefits);

(c) section 89 (power to make consequential and supplementary provision:
personal independence payment);

(d) section 123(1) to (13) (tax credits: transfer of functions etc);

(e) section 124(1) to (9) (information-sharing between Secretary of State
10and HMRC);

(f) this Part, excluding Schedule 14 (repeals).

(3) Any amendment or repeal made by this Act has the same extent as the
enactment to which it relates.

140 Commencement

(1) 15The following provisions of this Act come into force on the day on which it is
passed—

(a) section 100 and Schedule 12 (supersession of decisions of former
appellate bodies) (but see section 100(2));

(b) section 105 (application of Limitation Act 1980) (but see section 105(4));

(c) 20section 106 (recovery of fines etc by deductions from employment and
support allowance) (but see section 106(3));

(d) section 123 (tax credits: transfer of functions etc);

(e) this Part, excluding Schedule 14 (repeals).

(2) The following provisions of this Act come into force at the end of the period of
25two 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 59 and Part 6 of Schedule 14 (claimants dependent on drugs etc);

(c) sections 70 and 71 (social fund: purposes of discretionary payments and
30determination of amount or value of budgeting loan);

(d) section 104 (recovery of child benefit and guardian’s allowance);

(e) section 108 (time limit for legal proceedings);

(f) section 124 and Part 13 of Schedule 14 (information-sharing between
Secretary of State and HMRC);

(g) 35section 129 (information-sharing for social security or employment
purposes etc);

(h) section 130 (functions of registration service);

(i) section 134 (exclusion of child support maintenance from individual
voluntary arrangements);

(j) 40section 136 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
45Secretary of State may by order made by statutory instrument appoint.

(4) An order under subsection (3) may—

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(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) 5section 60 or 61 (entitlement to work: jobseeker’s allowance and
employment and support allowance);

(iii) section 99 (consideration of revision before appeal);

(c) make such transitory or transitional provision, or savings, as the
Secretary of State considers necessary or expedient.

141 10Short title

This Act may be cited as the Welfare Reform Act 2011.

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SCHEDULES

Section 31

SCHEDULE 1 Universal credit: supplementary regulation-making powers

Entitlement of joint claimants

1 5Regulations 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.

Linking periods

2 Regulations may provide for periods of entitlement to universal credit
10which are separated by no more than a prescribed number of days to be
treated as a single period.

Couples

3 (1) Regulations may provide—

(a) for a claim made by members of a couple jointly to be treated as a
15claim 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) 20where 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) 25where 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
30supplied, 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) 35a person’s capital,

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(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
5calculation 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) 10specify 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
15a 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
20minimum 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
25either 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) 30Regulations may for any purpose of this Part make provision about
nominations of the responsible carer for a child (see section 19(6)(b)(ii)).

Vouchers

6 (1) This paragraph applies in relation to an award of universal credit where the
calculation of the amount of the award includes, by virtue of any provision
35of this Part, an amount in respect of particular costs which a claimant may
incur.

(2) Regulations may provide for liability to pay all or part of the award to be
discharged by means of provision of a voucher.

(3) But the amount paid by means of a voucher may not in any case exceed the
40total of the amounts referred to in sub-paragraph (1) which are included in
the calculation of the amount of the award.

(4) For these purposes a voucher is a means other than cash by which a claimant
may to any extent meet costs referred to in sub-paragraph (1) of a particular
description.

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(5) A voucher may for these purposes—

(a) be limited as regards the person or persons who will accept it;

(b) be valid only for a limited time.

Good reason

7 5Regulations may for any purpose of this Part provide for—

(a) circumstances in which a person is to be treated as having or not
having a good reason for an act or omission;

(b) matters which are or are not to be taken into account in determining
whether a person has a good reason for an act or omission.

Section 32

10SCHEDULE 2 Universal credit: amendments

Children Act 1989 (c. 41)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
15prescribed),”—

(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) 20paragraph 21(4) of Schedule 2 (local authority support for children
and families).

Child Support Act 1991 (c. 48)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,
25Pensions 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)1992 (c. 5)

3 The Social Security Administration Act 1992 is amended as follows.

4 30In 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) 35universal credit;;

(b) in subsection (6), after “in relation to” there inserted “universal credit
or”.

6 (1) Section 15A (payment out of benefit of sums in respect of mortgage interest)
is amended as follows.

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(2) In subsection (1)—

(a) in paragraph (a), after “entitled, to” there is inserted “universal
credit,”;

(b) in paragraph (b), after “determining” there is inserted “the maximum
5amount for the purposes of universal credit or”;

(c) in the words after paragraph (b), after “whose” there is inserted
“maximum amount for the purposes of universal credit or”.

(3) In subsection (4)—

(a) in the definition of “qualifying associate”—

(i) 10before “falls” there is inserted “or universal credit”;

(ii) before “as responsible” there is inserted “or Part 1 of the
Welfare Reform Act 2011”;

(b) in the definition of “relevant benefits”, before paragraph (a) there is
inserted—

(za) 15universal credit;.

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
20“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 25In 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
30credit”.

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) 35Part 1 of the Welfare Reform Act 2011;.

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 2011”.

16 (1) Section 122F (supply by rent officers of information relating to housing
40benefit) 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”.

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