Welfare Reform Bill (HL Bill 75)

(4) In subsection (3)(a) after “relating to” there is inserted “universal credit”.

(5) In subsection (4)—

(a) for “housing benefit information” there is substituted “benefit
information”;

(b) 5after “relating to” there is inserted “universal credit”.

17 In section 124 (age, death and marriage), in subsection (1)—

(a) in paragraph (ac), the final “and” is repealed;

(b) after that paragraph there is inserted—

“(ad) of the provisions of Part 1 of the Welfare Reform Act
102011;”.

18 In section 125 (regulations as to notification of death), in subsection (1), after
“2007” there is inserted “, Part 1 of the Welfare Reform Act 2011”.

19 In section 126 (information from personal representatives), in subsection (1),
after “receipt of” there is inserted “universal credit”.

20 15In section 130 (duties of employers), in subsection (1), before paragraph (a)
there is inserted—

“(za) universal credit;”.

21 In section 132 (duties of employers - statutory maternity pay etc), in
subsection (1), before paragraph (a) there is inserted—

“(za) 20universal credit;”.

22 In section 150 (uprating)—

(a) in subsection (1) at the end there is inserted—

“(n) specified in regulations under sections 9 to 12 of the
Welfare Reform Act 2011;”;

(b) 25in subsection (7), after “2007” there is inserted “or Part 1 of the
Welfare Reform Act 2011”.

23 After section 159C there is inserted—

“159D Effect of alterations affecting universal credit

(1) Subject to such exceptions and conditions as may be prescribed,
30subsection (2) or (3) shall have effect where—

(a) an award of universal credit is in force in favour of any
person (“the recipient”), and

(b) an alteration—

(i) in any element of universal credit,

(ii) 35in the recipient’s benefit income,

(iii) in any amount to be deducted in respect of earned
income under section 8(3)(a) of the Welfare Reform
Act 2011,

(iv) in any component of a contribution-based jobseeker’s
40allowance, or

(v) in any component of a contributory employment and
support allowance, or

(vi) in such other matters as may be prescribed,

affects the computation of the amount of universal credit to
45which he is entitled.

(2) Where, as a result of the alteration, the amount of universal credit to
which the recipient is entitled is increased or reduced, then, as from
the commencing date, the amount of universal credit payable in the
case of the recipient under the award shall be the increased or
5reduced amount, without any further decision of the Secretary of
State; and the award shall have effect accordingly.

(3) Where, notwithstanding the alteration, the recipient continues on
and after the commencing date to be entitled to the same amount by
way of universal credit as before, the award shall continue in force
10accordingly.

(4) Subsection (5) applies where a statement is made in the House of
Commons by or on behalf of the Secretary of State which specifies—

(a) in relation to any of the items referred to in subsection
(1)(b)(i) to (vi), the amount of the alteration which he
15proposes to make by an order under section 150, 150A or 152
or by or under any other enactment, and

(b) the date on which he proposes to bring the alteration in force
(“the proposed commencing date”).

(5) If, in a case where this subsection applies, an award of universal
20credit is made in favour of a person before the proposed
commencing date and after the date on which the statement is made,
the award—

(a) may provide for the universal credit to be paid as from the
proposed commencing date at a rate determined by reference
25to the amounts of the items referred to in subsection (1)(b)(i)
to (vi) which will be in force on that date, or

(b) may be expressed in terms of the amounts of those items in
force at the date of the award.

(6) In this section—

• 30“alteration”—

  (a)

  in relation to any element of universal credit, means
  its alteration by or under any enactment;

  (b)

  in relation to a person’s benefit income, means the
  alteration of any of the sums referred to in section 150
  35or 150A by any enactment or by an order under
  section 150, 150A or 152 to the extent that any such
  alteration affects the amount of his benefit income;

  (c)

  in relation to any component of a contribution-based
  jobseeker’s allowance or a contributory employment
  40and support allowance, means its alteration by or
  under any enactment;

  (d)

  in relation to any other matter, has such meaning as
  may be prescribed;

• “benefit income”, in relation to a person, means so much of his
  45income as consists of benefit under the Contributions and
  Benefits Act or personal independence payment;

• “the commencing date”, in relation to an alteration, means the
  date on which the alteration comes into force in relation to the
  recipient;

• 50“component”—

  Welfare Reform BillPage 112

  (a)

  in relation to contribution-based jobseeker’s
  allowance, means any of the sums specified in
  regulations under the Jobseekers Act 1995 which are
  relevant in calculating the amount payable by way of
  5a jobseeker’s allowance;

  (b)

  in relation to a contributory employment and support
  allowance, means any of the sums specified in
  regulations under Part 1 of the Welfare Reform Act
  2007 which are relevant in calculating the amount
  10payable by way of such an allowance;

• “element”, in relation to universal credit, means any of the
  amounts specified in regulations under sections 9 to 12 of the
  Welfare Reform Act 2011 which are included in the
  calculation of an award of universal credit.”

24 15After section 160B there is inserted—

“160C Implementation of increases in universal credit due to attainment of
a particular age

(1) This section applies where—

(a) an award of universal credit is in force in favour of a person
20(“the recipient”), and

(b) an element has become applicable, or applicable at a
particular rate, because he or some other person has reached
a particular age (“the qualifying age”).

(2) If, as a result of the recipient or other person reaching the qualifying
25age, the recipient becomes entitled to an increased amount of
universal credit, the amount payable to or for him under the award
shall, as from the day on which he becomes so entitled, be that
increased amount, without any further decision of the Secretary of
State; and the award shall have effect accordingly.

(3) 30Subsection (2) does not apply where, in consequence of the recipient
or other person reaching the qualifying age, a question arises in
relation to the recipient’s entitlement to—

(a) a benefit under the Contribution and Benefits Act, or

(b) personal independence payment.

(4) 35Subsection (2) does not apply where, in consequence of the recipient
or other person reaching the qualifying age, a question arises in
relation to the recipient’s entitlement to universal credit, other
than—

(a) the question whether the element concerned, or any other
40element, becomes or ceases to be applicable, or applicable at
a particular rate, in the recipient’s case, and

(b) the question whether, in consequence, the amount of his
universal credit falls to be varied.

(5) In this section, “element”, in relation to universal credit, means any
45of the amounts specified in regulations under sections 9 to 12 of the
Welfare Reform Act 2011 which are included in the calculation of an
award of universal credit.”

25 (1) Section 165 (adjustments between National Insurance Fund and
Consolidated Fund) is amended as follows.

(2) In subsection (1)(a)(iii), after “Act” there is inserted “, universal credit”.

(3) In subsection (6)(a), for “or section 27 of the Welfare Reform Act 2007” there
5is substituted “section 27 of the Welfare Reform Act 2007 or section 138 of the
Welfare Reform Act 2011”.

26 (1) In section 170 (Social Security Advisory Committee), subsection (5) is
amended as follows.

(2) In the definition of “the relevant enactments”—

(a) 10in paragraph (af), for the words from “sections 68” to “to that Act”
there is substituted “sections 69 and 70 of the Child Support,
Pensions and Social Security Act 2000;”;

(b) after paragraph (aj) there is inserted—

“(ak) the provisions of Part 1 of the Welfare Reform Act
152011;”.

(3) In the definition of “the relevant Northern Ireland enactments”—

(a) in paragraph (af), for the words from “sections 68” to “to that Act”
there is substituted “sections 69 and 70 of the Child Support,
Pensions and Social Security Act 2000;”;

(b) 20after paragraph (aj) there is inserted—

“(ak) any provisions in Northern Ireland which correspond
to the provisions of Part 1 of the Welfare Reform Act
2011;”.

27 (1) Section 179 (reciprocal agreements) is amended as follows.

(2) 25In subsection (3)(a), after “2007” there is inserted “, Part 1 of the Welfare
Reform Act 2011”.

(3) In subsection (4), after paragraph (af) there is inserted—

“(ag) to Part 1 of the Welfare Reform Act 2011; and”.

(4) In subsection (5), before paragraph (a) there is inserted—

“(za) 30universal credit;”.

28 In section 180 (payment of travelling expenses), in paragraphs (a) and (b)(i),
after “2007” there is inserted “, Part 1 of the Welfare Reform Act 2011”.

29 In section 182B (information about postal redirection), in subsection (5)(b),
after “1995” there is inserted “, Part 1 of the Welfare Reform Act 2011”.

30 35In section 187 (inalienability), in subsection (1), at the beginning there is
inserted—

“(za) universal credit;”.

31 In section 191 (interpretation), in the definition of “benefit”, after “includes”
there is inserted “universal credit,”.

40Local Government Finance Act 1992 (c. 14)1992 (c. 14)

32 The Local Government Finance Act 1992 is amended as follows.

33 (1) Schedule 4 is amended as follows.

(2) In paragraph 6—

(a) in sub-paragraph (1), after “entitled to” there is inserted “universal
credit”;

(b) in sub-paragraph (2)(b), after “by way of” there is inserted “universal
5credit”.

(3)
In paragraph 12(1)—

(a) after paragraph (a) there is inserted—

“(aa) deductions from universal credit may be resorted
to more than once;”;

(b) 10in paragraph (d), after “attachment of earnings” there is inserted
“deductions from universal credit”.

34 In Schedule 8, in paragraph 6—

(a) in sub-paragraph (1), after “entitled to” there is inserted “universal
credit”;

(b) 15in sub-paragraph (2)(b), after “by way of” there is inserted “universal
credit”.

Jobseekers Act 1995 (c. 18)1995 (c. 18)

35 In section 2 of the Jobseekers Act 1995, in subsection (3C) (as inserted by
section 12(5) of the Welfare Reform Act 2009), in the definition of “benefit”,
20before paragraph (a) there is inserted—

“(za) universal credit,”.

Housing Act 1996 (c. 52)1996 (c. 52)

36 In section 122 of the Housing Act 1996 (rent officers), in the heading and in
subsection (1), after “with” there is inserted “universal credit,”.

25Education Act 1996 (c. 56)1996 (c. 56)

37 The Education Act 1996 is amended as follows.

38 In section 457 (charges and remissions policies) in subsection (4)(b), before
sub-paragraph (i) there is inserted—

“(ai) in receipt of universal credit in such circumstances as
30may be prescribed for the purposes of this
paragraph,”.

39 In section 512ZB (provision of free school lunches and milk: eligibility to
request free milk)—

(a) in subsection (4)(a), before sub-paragraph (i) there is inserted—

“(ai) 35in receipt of universal credit in such
circumstances as may be prescribed for the
purposes of this paragraph, or”;

(b) in subsection (4)(b), before sub-paragraph (i) there is inserted—

“(ai) in receipt of universal credit in such
40circumstances as may be prescribed for the
purposes of this paragraph, or”.

Social Security (Recovery of Benefits) Act 1997 (c. 27)1997 (c. 27)

40 The Social Security (Recovery of Benefits) Act 1997 is amended as follows.

41 In section 29 (general interpretation), in the definition of “benefit”, after
“means” there is inserted “universal credit”.

42 5In the table in Schedule 2 (calculation of compensation payment), in the
section relating to compensation for earnings lost during the relevant
period, at the top of the second column insert “Universal credit”.

Social Security Act 1998 (c. 14)1998 (c. 14)

43 The Social Security Act 1998 (decisions and appeals) is amended as follows.

44 10In section 2 (use of computers), in subsection (2)—

(a) in paragraph (i), the final “or” is repealed;

(b) after paragraph (j) there is inserted—

“(k) Part 1 of the Welfare Reform Act 2011;”.

45 In section 8 (decisions by Secretary of State)—

(a) 15in subsection (3), after paragraph (a) there is inserted—

“(aa) universal credit;”;

(b) in subsection (4), for “or Part 1 of the Welfare Reform Act 2007” there
is substituted “, Part 1 of the Welfare Reform Act 2007, Part 1 of the
Welfare Reform Act 2011”.

46 20In section 11 (regulations with respect to decisions), in subsection (3), for
“and Part 1 of the Welfare Reform Act 2007” there is substituted “, Part 1 of
the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2011”.

47 In section 27 (restriction on entitlement in cases of error), in subsection (7),
in the definition of “benefit” for paragraph (f) there is substituted—

“(f) 25universal credit”.

48 In section 28 (correction of errors in decisions etc)—

(a) in paragraph (f), the final “or” is repealed;

(b) after paragraph (g) there is inserted—

“(h) Part 1 of the Welfare Reform Act 2011;”.

49 30In section 39 (interpretation), in subsection (1), before the definition of
“health care professional” there is inserted—

• ““claimant”, in relation to a couple jointly claiming universal credit,
  means the couple or either member of the couple;”.

50 (1) Schedule 2 (decisions against which no appeal lies) is amended as follows.

(2) 35In paragraph 6(b), at the end there is inserted “or

“(v) section 159D(1)(b) of that Act (universal credit).”

(3) After paragraph 7 there is inserted—

“Increases in universal credit due to attainment of particular ages

7A A decision as to the amount of benefit to which a person is entitled,
40where it appears to the Secretary of State that the amount is
determined by the recipient’s entitlement to an increased amount

of universal credit in the circumstances referred to in section
160C(2) of the Administration Act.”

51 In Schedule 3 (decisions against which an appeal lies), after paragraph 3
there is inserted—

“3A

3A 5A decision as to the amount of a relevant benefit that is payable to
a person by virtue of regulations under section 6B, 7, 8 or 9 of the
Social Security Fraud Act 2001.”

Immigration and Asylum Act 1999 (c. 33)1999 (c. 33)

52 The Immigration and Asylum Act 1999 is amended as follows.

53 10In section 97 (provision of support: supplemental), in subsection (5)—

(a) before paragraph (a) there is inserted—

“(za) to such portion of the maximum amount of an award
of universal credit under section 8(1) of the Welfare
Reform Act 2011, or”;

(b) 15in paragraph (b) after “components” there is inserted “or elements”.

54 In section 115(1) (exclusion from benefits of persons subject to immigration
control) after “is entitled” there is inserted “to universal credit under Part 1
of the Welfare Reform Act 2011 or”.

Child Support, Pensions and Social Security Act 2000 (c. 19)2000 (c. 19)

55 20In section 69 of the Child Support, Pensions and Social Security Act 2000, in
subsection (1)(a), after “both” there is inserted “, universal credit”.

Social Security Fraud Act 2001 (c. 11)2001 (c. 11)

56 The Social Security Fraud Act 2001 is amended as follows.

57 In section 6A (definitions), in subsection (1), in the definition of
25“disqualifying benefit”, at the beginning there is inserted—

• “( za)

  any benefit under Part 1 of the Welfare Reform Act
  2011 (universal credit) or under any provision having
  effect in Northern Ireland corresponding to that
  Part;”.

58 (1) 30Section 6B (loss of benefit in case of conviction, penalty or caution for benefit
offence) is amended as follows.

(2) In subsection (5), for “(6)” there is substituted “(5A)”.

(3) After subsection (5) there is inserted—

“(5A) The Secretary of State may by regulations provide that, where the
35sanctionable benefit is universal credit, the benefit shall be payable,
during the whole or a part of any period comprised in the
disqualification period, as if one or more of the following applied—

(a) the amount payable were reduced in such manner as may be
prescribed;

(b) 40the benefit were payable only if there is compliance by the
offender with such obligations with respect to the provision
of information as may be imposed by the regulations;

(c) the benefit were payable only if the circumstances are
otherwise such as may be prescribed;

(d) any amount of the benefit payable in prescribed
circumstances were recoverable by the Secretary of State.”

(4) 5In subsection (7), after paragraph (c) there is inserted—

“(d) any amount of the allowance payable in prescribed
circumstances were recoverable by the Secretary of State.”

59 (1) Section 7 (loss of benefit for second or subsequent conviction of benefit
offence) is amended as follows.

(2) 10In subsection (2), for “(3)” there is substituted “(2A)”.

(3) After subsection (2) there is inserted—

“(2A) The Secretary of State may by regulations provide that, where the
sanctionable benefit is universal credit, the benefit shall be payable,
during the whole or a part of any period comprised in the
15disqualification period, as if one or more of the following applied—

(a) the amount payable were reduced in such manner as may be
prescribed;

(b) the benefit were payable only if there is compliance by the
offender with such obligations with respect to the provision
20of information as may be imposed by the regulations;

(c) the benefit were payable only if the circumstances are
otherwise such as may be prescribed;

(d) any amount of the benefit payable in prescribed
circumstances were recoverable by the Secretary of State.”

(4) 25In subsection (4), after paragraph (c) there is inserted—

“(d) any amount of the allowance payable in prescribed
circumstances were recoverable by the Secretary of State.”

60 (1) Section 8 (effect of offence on joint-claim jobseeker’s allowance) is amended
as follows.

(2) 30In subsection (3)—

(a) for “but” at the end of paragraph (a) there is substituted “and”;

(b) after paragraph (a) there is inserted—

“(aa) shall be payable in the couple’s case as if any amount
of the allowance payable in prescribed circumstances
35were recoverable by the Secretary of State; but”.

(3) In subsection (4), after paragraph (c) there is inserted—

“(d) any amount of the allowance payable in prescribed
circumstances were recoverable by the Secretary of State.”

(4) In the opening words to subsections (7) and (8) the words “by virtue of any
40regulations” are repealed.

61 (1) Section 9 (effect of offence on benefits for members of offender’s family) is
amended as follows.

(2) In subsection (1), before paragraph (a) there is inserted—

“(za) universal credit;”.

(3) In subsection (2), for “or” at the end of paragraph (b) there is substituted
“and”.

(4) After subsection (2) there is inserted—

“(2A) In relation to cases in which the benefit is universal credit, the
5provision that may be made by virtue of subsection (2) is provision
that, in the case of the offender’s family member, any universal credit
shall be payable, during the whole or a part of any period comprised
in the relevant period, as if one or more of the following applied—

(a) the amount payable were reduced in such manner as may be
10prescribed;

(b) the benefit were payable only if there is compliance by the
offender or the offender’s family member, or both of them,
with such obligations with respect to the provision of
information as may be imposed by the regulations;

(c) 15the benefit were payable only if the circumstances are
otherwise such as may be prescribed;

(d) any amount of the benefit payable in prescribed
circumstances were recoverable by the Secretary of State.”

(5) In subsection (4), after paragraph (c) there is inserted—

“(d) 20any amount of the allowance payable in prescribed
circumstances were recoverable by the Secretary of State.”

62 In section 10(3) (power to supplement and mitigate loss of benefit
provisions) after paragraph (bc) there is inserted—

“(bd) any benefit under Part 1 of the Welfare Reform Act 2011
25(universal credit) or under any provision having effect in
Northern Ireland corresponding to that Part;”.

63 (1) In section 11 (loss of benefit regulations), subsection (3) is amended as
follows.

(2) In paragraph (c)—

(a) 30for “6B(7)” there is substituted “6B(5A), (7)”;

(b) for “7(4)” there is substituted “7(2A), (4)”;

(c) for “9(4)” there is substituted “9(2A), (4)”.

(3) In paragraph (d) at the end there is inserted “or (aa)”.

State Pension Credit Act 2002 (c. 16)2002 (c. 16)

64 35In section 4 of the State Pension Credit Act 2002 (exclusions), after subsection
(1) there is inserted—

“(1A) A claimant is not entitled to state pension credit if he is a member of
a couple the other member of which has not attained the qualifying
age.”

40Welfare Reform Act 2007 (c. 5)2007 (c. 5)

65 In Schedule 1 to the Welfare Reform Act 2007 (employment and support
allowance: additional conditions), in paragraph 1(5), before paragraph (a)
there is inserted—

“(za) universal credit,”.

Section 34

SCHEDULE 3 Abolition of benefits: consequential amendments

Social Security Contributions and Benefits Act 1992 (c. 4)1992 (c. 4)

1 The Social Security Contributions and Benefits Act 1992 is amended as
5follows.

2 In section 22 (earnings factors), in subsections (2)(a) and (5), for “a
contributory” there is substituted “an”.

3 In section 150 (interpretation of Part 10), in subsection (2), in the definition
of “qualifying employment and support allowance”, for “a contributory
10allowance” there is substituted “an employment and support allowance”.

Social Security Administration Act 1992 (c. 5)1992 (c. 5)

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