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

1 20The Jobseekers Act 1995 is amended as follows.

2 (1) Section 8 (attendance etc) is amended as follows.

(2) In subsection (1A)(a) (as originally enacted), for “the Secretary of State” there
is substituted “an employment officer”.

(3) In subsection (2), for paragraphs (a) to (c) there is substituted “provide for
25entitlement to a jobseeker’s allowance to cease at such time as may be
determined in accordance with any such regulations if, when a person fails
to comply with such regulations, that person (or, if that person is a member
of a joint-claim couple, either member of the couple) does not make
prescribed contact with an employment officer within a prescribed period of
30the failure.”

3 In section 16(3)(b) and 17(4) (in both places) for “good cause” there is
substituted “a good reason”.

4 In section 17A (employment schemes), in subsection (5)(c) for “jobseeker’s
agreement to which a person is a party” there is substituted “claimant
35commitment accepted by a person”.

5 Section 20 (exemptions from section 19) is amended as follows—

(a) in the heading, after “19” there is inserted “and 19A”;

(b) in subsection (1), for “prevent payment” there is substituted
“authorise reduction”;

(c) in subsection (2), for “19” there is substituted “19A” and for “(5)”
there is substituted “(2)(c) to (g)”;

(d) in subsection (3), for “19(6)(b) or (d)” there is substituted “19(2)(b) or
(d)” and for “just cause” there is substituted “good reason”.

6 5Sections 20C and 20D (uncommenced provision relating to sanctions for
violent conduct etc) are repealed.

7 In section 22 (members of the forces), in subsection (2), for “section 19(6)(b)”
there is substituted “section 19(2)(b)”.

8 In section 35 (interpretation), in subsection (1), before the definition of
10“jobseeking period” there is inserted—

• “jobseeker’s direction” has the meaning given by section 19A;”.

9 In section 36 (regulations and orders), after subsection (1) there is inserted—

“(1A) Subsection (1) does not apply to an order under section 35(1) in
relation to employment officers.”

10 (1) 15Schedule 1 (supplementary) is amended as follows.

(2) In paragraph 8(b), for “entered into a jobseeker’s agreement” there is
substituted “accepted a claimant commitment”.

(3) In paragraph 10, at the end there is inserted—

“(6) References in sub-paragraphs (1) and (2) to an income-based
20jobseeker’s allowance include a payment by way of such an
allowance under section 19C.”

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

11 In Schedule 3 to the Social Security Act 1998 (decisions against which an
appeal lies), in paragraph 8 and in the heading to that paragraph, for
25“jobseeker’s agreement” there is substituted “claimant commitment”.

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

12 (1) Section 8 of the Social Security Fraud Act 2001 is amended as follows.

(2) In subsection (2)—

(a) at the beginning there is inserted “Except in prescribed
30circumstances”;

(b) in paragraph (b), for sub-paragraph (i) there is substituted—

“(i) is a person whose failure sanctionable under
section 19, 19A or 19B of the Jobseekers Act
1995 has given rise to a reduction under that
35section; or”.

(3) Subsection (5) is repealed.

Welfare Reform Act 2009 (c. 24)2009 (c. 24)

13 The Welfare Reform Act 2009 is amended as follows.

14 In section 29(1) (victims of domestic violence), in sub-paragraph (3) of
40paragraph 8B inserted into Schedule 1 to the Jobseekers Act 1995—

(a) for the first “entered into a jobseeker’s agreement” there is
substituted “accepted a claimant commitment”;

(b) for “9(10)” there is substituted “9(9)”;

(c) for “entered into a jobseeker’s agreement which is in force for” there
5is substituted “accepted a claimant commitment during”.

15 (1) Section 31 (well-being of children) is amended as follows.

(2) In subsection (1)—

(a) for “(the jobseeker’s agreement)” there is substituted “(as substituted
by section 44 of the Welfare Reform Act 2011 (the claimant
10commitment))”;

(b) in the inserted subsection (4A), for “preparing a jobseeker’s
agreement for a claimant” there is substituted “considering whether
to invite a claimant to accept a claimant commitment”.

16 (1) Section 32 (contracting out) is amended as follows.

(2) 15In subsection (2), in section 20E inserted into the Jobseekers Act 1995—

(a) for subsection (2)(a) and (b) there is substituted—

“(a) any function under section 8 (attendance etc);

(b) any function under section 9 or 10 in relation to a
claimant commitment;”;

(b) 20after subsection (2)(d) there is inserted—

“(e) functions under section 19 or 19A;”;

(c) in subsection (4), “or 17A” is repealed.

(3) In subsection (3), for paragraphs (a) to (d) there is substituted—

“(a) section 8(1)(a), (1A) and (2);

(b) 25sections 9 and 10 (in all places);

(c) section 16(3)(b)(ii);

(d) sections 19 and 19A (in all places);”.

Section 69

SCHEDULE 8 Social fund discretionary payments: consequential amendments

1 30The Social Security Administration Act 1992 is amended as follows.

2 In section 78(4) (recovery of funeral payments out of social fund), after
“Payments” there is inserted “out of the social fund”.

3 In section 79 (recovery of Northern Ireland payments), in paragraph (c), for
the words from “under subsection” to the end there is substituted “under
35section 71(8)”.

4 In Part 1 of Schedule 4 (persons employed in social security administration),
under the heading “Former officers”, after the entry for “A social fund
officer” there is inserted—

“The social fund Commissioner.

40A social fund inspector.

A member of any staff employed in connection with the social
fund.”

Section 88

SCHEDULE 9 Personal independence payment: amendments

5Transport Act 1982 (c. 49)Transport Act 1982 (c. 49)

1 In section 70 of the Transport Act 1982 (payments in respect of applicants for
exemption from wearing seat belts), in subsection (2), after paragraph (a)
there is inserted—

“(ab) those in receipt of personal independence payment;”.

10Inheritance Tax Act 1984 (c. 51)Inheritance Tax Act 1984 (c. 51)

2 The Inheritance Tax Act 1984 is amended as follows.

3 (1) Section 74 (pre-1981 trusts for disabled persons) is amended as follows.

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

“(ba) is in receipt of the daily living component of personal
15independence payment at a rate designated by regulations
made by the Secretary of State, or”.

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

“(5) The power to make regulations under subsection (4)(ba) is
exercisable by statutory instrument; and a statutory instrument
20containing such regulations is subject to annulment in pursuance of
a resolution of either House of Parliament.”

4 (1) Section 89 (trusts for disabled persons) is amended as follows.

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

“(ba) in receipt of the daily living component of personal
25independence payment at a rate designated by regulations
made by the Secretary of State, or”.

(3) In subsection (5)—

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

“(aa) would have been in receipt of the daily living
30component of personal independence payment at a
rate designated for the purposes of subsection (4)(ba)
had provision made by regulations under section
83(1)(a) of the Welfare Reform Act 2011 (no payment
in respect of daily living component for persons for
35whom certain services are provided) been ignored,
or”;

(b) in paragraph (b), for “either of the Acts” there is substituted “the
Act”.

(4) In subsection (6)—

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

“(ab) that he would, when the property was transferred
into settlement, have been in receipt of the daily living
component of personal independence payment at a
5rate designated for the purposes of subsection
(4)(ba)—

(i) had he met the prescribed conditions as to
residence under section 75(3) of the Welfare
Reform Act 2011, and

(ii) 10had provision made by regulations under
section 83(1)(a) of that Act been ignored, or”;

(b) in paragraph (b)(i), for “either of the Acts” there is substituted “the
Act”.

(5) After subsection (6) there is inserted—

“(7) 15The power to make regulations under subsection (4)(ba) is
exercisable by statutory instrument; and a statutory instrument
containing such regulations is subject to annulment in pursuance of
a resolution of either House of Parliament.”

5 In section 89A (self-settlement by person with condition expected to lead to
20disability)—

(a) in subsection (1)(b), after “section 89(4)(b) above,” there is inserted—

“(iia) in receipt of the daily living component of
personal independence payment at a rate
designated for the purposes of section
2589(4)(ba) above,”;

(b) in subsection (6)(a), for “whichever of the 1992 Acts is applicable”
there is substituted “the Social Security Contributions and Benefits
(Northern Ireland) Act 1992”.

Child Support Act 1991 (c. 48)Child Support Act 1991 (c. 48)

6 30In section 8 of the Child Support Act 1991 (role of courts with respect to
maintenance for children), in subsection (8)(a), at the beginning there is
inserted “an allowance under Part 4 of the Welfare Reform Act 2011
(personal independence payment) or”.

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

7 35The Social Security Contributions and Benefits Act 1992 is amended as
follows.

8 In section 30B (incapacity benefit: rate), in subsection (4), after paragraph (a)
there is inserted—

“(aa) is entitled to the daily living component of personal
40independence payment at a rate designated by regulations
under this paragraph, or”.

9 (1) Section 64 (entitlement to attendance allowance) is amended as follows.

(2) In subsection (1), for “the care component of a disability living allowance”
there is substituted “an allowance within subsection (1A)”.

(3) After subsection (1) there is inserted—

“(1A) The following allowances are within this subsection—

(a) personal independence payment;

(b) the care component of a disability living allowance.”

10 5In section 150 (Christmas bonus for pensioners: interpretation), in
subsection (1), after paragraph (ba) there is inserted—

“(bb) personal independence payment;”.

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

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

12 (1) 10Section 1 (entitlement to benefit dependent on claim) is amended as follows.

(2) In subsection (3)—

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

“(za) for personal independence payment by virtue of
section 80 of the Welfare Reform Act 2011; or”;

(b) 15paragraph (b) and the “or” preceding it is repealed.

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

“(ad) personal independence payment.”

13 In section 5(2) (regulations about claims for and payments of benefit), after
paragraph (ac) there is inserted—

“(ad) 20personal independence payment;”.

14 In section 71(11) (overpayments), after paragraph (ac) there is inserted—

“(ad) personal independence payment;”.

15 In section 73 (overlapping benefits - general), after subsection (5) there is
inserted—

“(6) 25Personal independence payment is to be treated for the purposes of
this section as if it were benefit as defined in section 122 of the
Contributions and Benefits Act.

(7) But subsection (6) does not apply for the purposes of subsection
(1)(b) (provision corresponding to which is made for personal
30independence payment by section 83 of the Welfare Reform Act
2011).”

16 In section 121DA (interpretation of Part 6), in subsection (1), after paragraph
(hj) (inserted by Schedule 2 to this Act) there is inserted—

“(hk) Part 4 of that Act;”.

17 35In section 122B (supply of other government information for fraud
prevention and verification), in subsection (3)(b), after “Welfare Reform Act
2011” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that
Act”.

18 In section 122C (supply of information to authorities administering benefit),
40in subsection (6)(b), after “Welfare Reform Act 2007” there is inserted “, Part
4 of the Welfare Reform Act 2011”.

19 In section 124 (age, death and marriage), in subsection (1), after paragraph

(ad) (inserted by Schedule 2 to this Act), but before the “and” preceding
paragraph (b), there is inserted—

“(ae) of the provisions of Part 4 of that Act;”.

20 In section 125 (regulations as to notification of deaths), in subsection (1),
5after “Welfare Reform Act 2011” (inserted by Schedule 2 to this Act) there is
inserted “, Part 4 of that Act”.

21 In section 150 (uprating)—

(a) in subsection (1), after paragraph (n) (inserted by Schedule 2 to this
Act) there is inserted—

“(o) 10specified in regulations under section 76(3) or 77(3) of
that Act;”;

(b) in subsection (3)(b), for “or (g)” there is substituted “, (g) or (o)”.

22 In section 159 (effect of alteration in the component rates of income support),
in subsection (5), in the definition of “benefit income”, after “income
15support;” there is inserted—

“(aa) personal independence payment;”.

23 In section 159A (effect of alteration of rates of a jobseeker’s allowance), in
subsection (5), in the definition of “benefit income”, after “Contributions and
Benefits Act;” there is inserted—

“(ab) 20personal independence payment;”.

24 In section 159B (effect of alterations affecting state pension credit), in
subsection (6), in the definition of “benefit income”, after “Contributions and
Benefits Act” there is inserted “or personal independence payment”.

25 In section 159C (effect of alteration of rates of an employment and support
25allowance), in subsection (6), in the definition of “benefit income”, after
“Contributions and Benefits Act” there is inserted “or personal
independence payment”.

26 In section 160 (implementation of increases in income support due to
attainment of particular ages), in subsection (3), after “entitlement to” there
30is inserted “personal independence payment or to”.

27 In section 160A (implementation of increases in income-based jobseeker’s
allowance due to attainment of particular ages), in subsection (3), after
“Contributions and Benefits Act;” there is inserted—

“(aa) personal independence payment;”.

28 35In section 160B (implementation of increases in employment and support
allowance due to attainment of particular ages), in subsection (3), for the
words from “a benefit” to the end there is substituted—

“(a) a benefit under the Contributions and Benefits Act; or

(b) personal independence payment.”

29 40In section 165 (adjustments between National Insurance Fund and
Consolidated Fund), in subsection (1)(a)(iii), after “universal credit”
(inserted by Schedule 2 to this Act) there is inserted “, personal
independence payment”.

30 In section 170 (Social Security Advisory Committee), in subsection (5)—

(a) 45in the definition of “the relevant enactments”, after paragraph (ak)

(inserted by Schedule 2 to this Act) there is inserted—

“(al) Part 4 of that Act;”;

(b) in the definition of “the relevant Northern Ireland enactments”, after
paragraph (ak) (inserted by Schedule 2 to this Act) there is inserted—

“(al) 5any provisions in Northern Ireland which correspond
to Part 4 of that Act;”.

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

(2) In subsection (3)(a), after “Welfare Reform Act 2011” (inserted by Schedule
2 to this Act) there is inserted “, Part 4 of that Act”.

(3) 10In subsection (4), after paragraph (ag) (inserted by Schedule 2 to this Act)
there is inserted—

“(ah) to Part 4 of that Act;”.

32 In section 180 (payment of travelling expenses), in paragraphs (a) and (b)(i),
after “Welfare Reform Act 2011” (inserted by Schedule 2 to this Act) there is
15inserted “, Part 4 of that Act”.

33 In section 182B (information about postal redirection), in subsection (5)(b),
after “Welfare Reform Act 2011” (inserted by Schedule 2 to this Act) there is
inserted “, Part 4 of that Act”.

34 In section 184 (control of pneumoconiosis), in paragraph (c), for “benefit as
20defined in section 122 of the Contributions and Benefits Act” there is
substituted “personal independence payment, or benefit as defined in
section 122 of the Contributions and Benefits Act,”.

35 In section 187 (inalienability), in subsection (1), after paragraph (ac) there is
inserted—

“(ad) 25personal independence payment;”.

36 In section 191 (interpretation), in the definition of “benefit”, for “, state
pension credit and an employment and support allowance” there is
substituted “state pension credit, an employment and support allowance
and personal independence payment”.

37 30In Schedule 7 (regulations not requiring prior submission to Social Security
Advisory Committee), before paragraph 1 there is inserted—

Regulations under section 76(3) or 77(3) of the Welfare Reform Act
2011.”

Taxation of Chargeable Gains Act 1992 (c. 12)Taxation of Chargeable Gains Act 1992 (c. 12)

38 35The Taxation of Chargeable Gains Act 1992 is amended as follows.

39 (1) Section 169D (exceptions to sections 169B and 169C) is amended as follows.

(2) In subsection (7), after “managing his affairs;” there is inserted—

“(aa) a person in receipt of the daily living component of personal
independence payment at a rate designated by regulations
40made by the Secretary of State;”.

(3) After subsection (11) there is inserted—

“(12) The power to make regulations under subsection (7)(aa) is
exercisable by statutory instrument; and a statutory instrument
containing such regulations is subject to annulment in pursuance of
5a resolution of either House of Parliament.”

40 (1) In Schedule 1 (application of exempt amount and reporting limits in cases
involving settled property), paragraph 1 is amended as follows.

(2) In sub-paragraph (1), for the words from “disability living allowance” to
“middle rate” there is substituted “qualifying benefit”.

(3) 10After sub-paragraph (1) there is inserted—

“(1A) For the purposes of sub-paragraph (1), each of the following is a
qualifying benefit—

(a) personal independence payment by virtue of entitlement
to the daily living component at a rate designated by
15regulations made by the Secretary of State;

(b) a disability living allowance by virtue of entitlement to the
care component at the highest or middle rate.”

(4) After sub-paragraph (6) there is inserted—

“(6A) The power to make regulations under sub-paragraph (1A)(a) is
20exercisable by statutory instrument; and a statutory instrument
containing such regulations is subject to annulment in pursuance
of a resolution of either House of Parliament.”

Finance Act 1994 (c. 9)Finance Act 1994 (c. 9)

41 (1) In Schedule 7A to the Finance Act 1994 (insurance premium tax: contracts
25that are not taxable), paragraph 3 is amended as follows.

(2) In sub-paragraph (2)(a), for the words from “disability” to the end there is
substituted “qualifying mobility benefit”.

(3) In sub-paragraph (3), for “the disability living allowance or mobility
supplement” there is substituted “the qualifying mobility benefit”.

(4) 30After sub-paragraph (3) there is inserted—

“(3A) For the purposes of this paragraph each of the following is a
qualifying mobility benefit—

(a) the mobility component of personal independence
payment;

(b) 35the mobility component of a disability living allowance;

(c) a mobility supplement.”

Vehicle Excise and Registration Act 1994 (c. 22)Vehicle Excise and Registration Act 1994 (c. 22)

42 (1) In Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt
vehicles), paragraph 19 is amended as follows.

(2) 40In sub-paragraph (2)(a), for the words from “a disability living allowance” to
“higher rate” there is substituted “the mobility component of a qualifying
benefit at the relevant rate”.

(3) After sub-paragraph (2) there is inserted—

“(2ZA) For the purposes of this paragraph—

(a) “qualifying benefit” means personal independence
payment or a disability living allowance;

(b) 5“relevant rate” means—

(i) in relation to the mobility component of personal
independence payment, a rate designated by
regulations made by the Secretary of State;

(ii) in relation to the mobility component of a disability
10living allowance, the higher rate.”

(4) In sub-paragraph (2A)—

(a) for the words from “a disability living allowance” to “the higher rate”
there is substituted “the mobility component of a qualifying benefit
at the relevant rate”;

(b) 15in paragraph (a), for the words from “the allowance” to “at that rate”
there is substituted “the qualifying benefit or of receiving the
mobility component of that benefit at the relevant rate”;

(c) in paragraph (c), for “the allowance at the higher rate” there is
substituted “the qualifying benefit at the relevant rate”.

(5) 20In sub-paragraph (3), for the words from “a disability living allowance” to
“the higher rate” there is substituted “the mobility component of a
qualifying benefit at the relevant rate”.

(6) In sub-paragraph (4)(a), after “in receipt of” there is inserted “personal
independence payment or”.

25Value Added Tax Act 1994 (c. 23)Value Added Tax Act 1994 (c. 23)

43 The Value Added Tax Act 1994 is amended as follows.

44 In Part 2 of Schedule 7A (charge to VAT at reduced rate), in note 6 to Group
3, in sub-paragraph (2) after paragraph (a) there is inserted—

“(aa) personal independence payment;”.

45 30In Part 2 of Schedule 8 (zero-rating), in Group 12—

(a) in item 14, for the words from “disability” to “supplement” there is
substituted “qualifying benefit”;

(b) in paragraph (b) of note (6), for the words from “mobility
component” to “supplement” there is substituted “qualifying
35benefit”;

(c) for note (7) there is substituted—

“(7) The following are qualifying benefits for the purposes of
item 14 and note (6)—

(a) the mobility component of personal independence
40payment;

(b) the mobility component of a disability living
allowance (within the meaning of section 71 of the
Social Security Contributions and Benefits Act 1992
or section 71 of the Social Security Contributions
45and Benefits (Northern Ireland) Act 1992);