Welfare Reform Bill (HL Bill 75)

(c) a mobility supplement within the meaning of
Article 26A of the Naval, Military and Air Forces
etc (Disablement and Death) Service Pensions
Order 1983, Article 25A of the Personal Injuries
5(Civilians) Scheme 1983, Article 3 of the Motor
Vehicles (Exemption from Vehicles Excise Duty)
Order 1985 or Article 3 of the Motor Vehicles
(Exemption from Vehicles Excise Duty) (Northern
Ireland) Order 1985.”

10Social Security (Recovery of Benefits) Act 1997 (c. 27)Social Security (Recovery of Benefits) Act 1997 (c. 27)

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

47 In section 29 (general interpretation), in the definition of “benefit”, after
“employment and support allowance” there is inserted “, personal
independence payment”.

48 15In Schedule 2 (calculation of compensation payment), in the table—

(a) in the section relating to compensation for cost of care incurred
during the relevant period, in the second column, after the entry for
attendance allowance there is inserted “Daily living component of
personal independence payment”;

(b) 20in the section relating to compensation for loss of mobility during the
relevant period, in the second column, after the entry for mobility
allowance there is inserted “Mobility component of personal
independence payment”.

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

49 25The Social Security Act 1998 is amended as follows.

50 In section 2(2) (use of computers), after paragraph (k) (inserted by Schedule
2 to this Act) there is inserted “or

“(l) Part 4 of that Act.”

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

(a) 30in subsection (3), after paragraph (ba) there is inserted—

“(baa) personal independence payment;”;

(b) in subsection (4), after the words “Welfare Reform Act 2011”
(inserted by Schedule 2 to this Act) there is inserted “or Part 4 of that
Act.”

52 35In section 11(3) (regulations with respect to decisions), in the definition of
“current legislation”, after the words “Welfare Reform Act 2011” (inserted by
Schedule 2 to this Act) there is inserted “and Part 4 of that Act”.

53 In section 27(7) (restriction on entitlement in cases of error), in the definition
of “benefit”—

(a) 40after paragraph (de) there is inserted—

“(df) personal independence payment;”;

(b) in paragraph (e) for “to (de)” there is substituted “to (df)”.

54 In section 28(3) (correction of errors in decisions etc), after paragraph (h)
(inserted by Schedule 2 to this Act) there is inserted “or

“(i) 45Part 4 of that Act.”

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

“(h) regulations made under section 83(1) of the Welfare
Reform Act 2011.”

5Immigration and Asylum Act 1999 (c. 33)Immigration and Asylum Act 1999 (c. 33)

56 In section 115 of the Immigration and Asylum Act 1999 (exclusion from
benefits)—

(a) in subsection (1), after “support allowance)” there is inserted “or to
personal independence payment”;

(b) 10in subsection (2), at the beginning of paragraph (b) there is inserted
“disability living allowance or”.

Capital Allowances Act 2001 (c. 2)Capital Allowances Act 2001 (c. 2)

57 In section 268D of the Capital Allowances Act 2001 (hire cars for disabled
persons), in subsection (2), before paragraph (a) there is inserted—

“(za) 15the mobility component of personal independence
payment,”.

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

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

59 In section 6A(1) (definitions)—

(a) 20in the definition of “disqualifying benefit”, after paragraph (c) there
is inserted—

“(ca) any benefit under Part 4 of the Welfare Reform Act
2011 (personal independence payment) or under any
provision in Northern Ireland which corresponds to
25that Part;”;

(b) in the definition of “sanctionable benefit”, after paragraph (c) there is
inserted—

“(ca) personal independence payment;”.

60 In section 10 (power to supplement and mitigate loss of benefit provisions),
30in subsection (3), after paragraph (bd) (inserted by Schedule 2 to this Act)
there is inserted—

“(be) any benefit under Part 4 of the Welfare Reform Act 2011
(personal independence payment) or under any provision in
Northern Ireland which corresponds to that Part;”.

35Income Tax (Earnings and Pensions) Act 2003 (c. 1)Income Tax (Earnings and Pensions) Act 2003 (c. 1)

61 The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.

62 In section 318B (childcare), in subsection (3), before paragraph (a) there is
inserted—

“(za) personal independence payment is payable in respect of him,
40or has ceased to be payable solely because he is a patient,”.

63 In section 677 (UK social security benefits wholly exempt from tax), in

subsection (1), at the appropriate place in Part 1 of Table B there is inserted—

64 In Part 1 of Schedule 1 (abbreviations of Acts), at the end there is inserted—

Finance Act 2005 (c. 7)Finance Act 2005 (c. 7)

65 (1) 10Section 38 of the Finance Act 2005 (meaning of “disabled person”) is
amended as follows.

(2) In subsection (1), 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
15made by the Secretary of State,”.

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

“(1A) A person is to be treated as a disabled person under subsection
(1)(aa) if he satisfies the Inland Revenue that if he were to meet the
prescribed conditions as to residence under section 75(3) of the
20Welfare Reform Act 2011 he would be entitled to the daily living
component of personal independence payment at a rate designated
for the purposes of subsection (1)(aa).”

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

“(2A) A person who is (or is treated as) a disabled person under subsection
25(1)(aa) is not to cease to be (or to be treated as) such a disabled person
by reason only of provision made by regulations under section
83(1)(a) of the Welfare Reform Act 2011 (no payment of daily living
component of personal independence payment for persons receiving
certain services).”

(5) 30After subsection (6) there is inserted—

“(7) The power to make regulations under subsection (1)(aa) 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.”

Section 90

SCHEDULE 10 Personal independence payment: transitional

General

1 (1) Regulations under section 90 may in particular make provision for the
5purposes of, or in connection with, replacing disability living allowance
with personal independence payment.

(2) In this Schedule “the appointed day” means the day appointed for the
coming into force of section 75.

Claims before the appointed day

2 (1) 10The provision referred to in paragraph 1(1) includes—

(a) provision for a claim for personal independence payment to be made
before the appointed day for a period beginning on or after that day;

(b) provision for a claim for personal independence payment made
before the appointed day to be treated to any extent as a claim for
15disability living allowance;

(c) provision for a claim for disability living allowance made before the
appointed day to be treated to any extent as a claim for personal
independence payment.

(2) The provision referred to in paragraph 1(1) includes provision, where a
20claim for personal independence payment is made (or treated as made)
before the appointed day, for an award on the claim to be made in respect of
a period before the appointed day (including provision as to the conditions
of entitlement for, and the amount of, such an award).

Claims after the appointed day

3 (1) 25The provision referred to in paragraph 1(1) includes—

(a) provision permanently or temporarily excluding the making of a
claim for personal independence payment after the appointed day
by—

(i) a person to whom disability living allowance is awarded, or

(ii) 30a person who would be entitled to an award of disability
living allowance on making a claim for it;

(b) provision temporarily excluding the making of a claim for personal
independence payment after the appointed day by any other person;

(c) provision excluding entitlement to personal independence payment
35temporarily or for a particular period;

(d) provision for a claim for personal independence payment made after
the appointed day to be treated to any extent as a claim for disability
living allowance;

(e) provision for a claim for disability living allowance made after the
40appointed day to be treated to any extent as a claim for personal
independence payment.

(2) The provision referred to in paragraph 1(1) includes provision, where a
claim for personal independence payment is made (or treated as made) after
the appointed day, for an award on the claim to be made in respect of a

period before the appointed day (including provision as to the conditions of
entitlement for, and the amount of, such an award).

Awards of existing allowance

4 (1) The provision referred to in paragraph 1(1) includes—

(a) 5provision for terminating an award of disability living allowance;

(b) provision for making an award of personal independence payment,
with or without application, to a person whose award of disability
living allowance is terminated.

(2) The provision referred to in sub-paragraph (1)(b) includes—

(a) 10provision imposing requirements as to the procedure to be followed,
information to be supplied or assessments to be undergone in
relation to an award by virtue of that sub-paragraph or an
application for such an award;

(b) provision as to the consequences of failure to comply with any such
15requirement;

(c) provision as to the terms on which, and conditions subject to which,
such an award is made, including—

(i) provision temporarily or permanently disapplying, or
otherwise modifying, conditions of entitlement to personal
20independence payment in relation to the award;

(ii) provision temporarily or permanently disapplying, or
otherwise modifying, any requirement under this Part for a
person to be assessed in respect of any of the questions
mentioned in section 78(1) or (2);

(d) 25provision as to the amount of such an award.

Supplementary

5 Regulations under section 90—

(a) may secure the result that any gap in entitlement to disability living
allowance is to be disregarded for the purposes of provision under
30the regulations;

(b) may make provision about cases in which provision made by
regulations under section 78(2) (required period condition) is to
apply with modifications;

(c) may, for the purposes of provision made by virtue of paragraph (b),
35provide for a period of entitlement to disability living allowance to
be taken into account in determining whether a person meets “the
required period condition” for the purposes of section 76(1) or (2) or
77(1) or (2).

Section 99

SCHEDULE 11 40Power to require consideration of revision before appeal

Vaccine Damage Payments Act 1979 (c. 17)1979 (c. 17)

1 The Vaccine Damage Payments Act 1979 is amended as follows.

2 (1) Section 4 (appeals to appeal tribunals) is amended as follows.

(2) After subsection (1A) there is inserted—

“(1B) If the claimant’s address is not in Northern Ireland, regulations may
provide that, in such cases or circumstances as may be prescribed,
5there is a right of appeal only if the Secretary of State has considered
whether to reverse the decision under section 3A.

(1C) The regulations may in particular provide that that condition is met
only where—

(a) the consideration by the Secretary of State was on an
10application,

(b) the Secretary of State considered issues of a specified
description, or

(c) the consideration by the Secretary of State satisfied any other
condition specified in the regulations.”

(3) 15At the end of subsection (2) there is inserted—

“(c) provision that, where in accordance with regulations under
subsection (1B) there is no right of appeal against a decision,
any purported appeal may be treated as an application to
reverse the decision under section 3A.”

3 (1) 20Section 8 (regulations) is amended as follows.

(2) In subsection (2)(a) the words from “which shall be” to “House of
Parliament” are repealed.

(3) After that subsection there is inserted—

“(2A) A statutory instrument containing regulations made by the Secretary
25of State under this Act—

(a) except in the case of an instrument containing regulations
under section 4(1B), is subject to annulment in pursuance of
a resolution of either House of Parliament;

(b) in the case of an instrument containing regulations under
30section 4(1B), may not be made unless a draft of the
instrument has been laid before and approved by a resolution
of each House of Parliament.”

(4) At the end there is inserted—

“(5) The power to make regulations under section 4(1B) may be
35exercised—

(a) in relation to all cases to which it extends, in relation to those
cases but subject to specified exceptions or in relation to any
specified cases or classes of case;

(b) so as to make, as respects the cases in relation to which it is
40exercised—

(i) the full provision to which it extends or any lesser
provision (whether by way of exception or
otherwise);

(ii) the same provision for all cases, different provision
45for different cases or classes of case or different
provision as respects the same case or class of case but
for different purposes of this Act;

(iii) provision which is either unconditional or is subject
to any specified condition.”

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

4 The Child Support Act 1991 is amended as follows.

5 (1) 5Section 20 (appeals to First-tier Tribunal), as substituted by section 10 of the
Child Support, Pensions and Social Security Act 2000 (and subsequently
amended), is amended as follows.

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

“(2A) Regulations may provide that, in such cases or circumstances as may
10be prescribed, there is a right of appeal against a decision mentioned
in subsection (1)(a) or (b) only if the Commission has considered
whether to revise the decision under section 16.

(2B) The regulations may in particular provide that that condition is met
only where—

(a) 15the consideration by the Commission was on an application,

(b) the Commission considered issues of a specified description,
or

(c) the consideration by the Commission satisfied any other
condition specified in the regulations.”

(3) 20At the end of subsection (4) there is inserted—

“(c) provision that, where in accordance with regulations under
subsection (2A) there is no right of appeal against a decision,
any purported appeal may be treated as an application for
revision under section 16.”

6 (1) 25Section 20 (appeals to First-tier Tribunal), as it has effect apart from section
10 of the Child Support, Pensions and Social Security Act 2000, is amended
as follows.

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

“(3A) Regulations may provide that, in such cases or circumstances as may
30be prescribed, there is a right of appeal against a decision only if the
Commission has considered whether to revise the decision under
section 16.

(3B) The regulations may in particular provide that that condition is met
only where—

(a) 35the consideration by the Commission was on an application,

(b) the Commission considered issues of a specified description,
or

(c) the consideration by the Commission satisfied any other
condition specified in the regulations.”

(3) 40At the end of subsection (5) there is inserted—

“(c) provision that, where in accordance with regulations under
subsection (3A) there is no right of appeal against a decision,
any purported appeal may be treated as an application for
revision under section 16.”

7 In section 51A (pilot schemes) at the end there is inserted—

“(6) This section does not apply to regulations under—

(a) subsection (2A) of section 20 as substituted by section 10 of
the Child Support, Pensions and Social Security Act 2000;

(b) 5subsection (3A) of section 20 as it has effect apart from section
10 of the Child Support, Pensions and Social Security Act
2000.”

8 In section 52 (regulations and orders), in subsection (2)(a), after “section
12(5)(b)),” there is inserted “20(2A), 20(3A)”.

10Social Security (Recovery of Benefits) Act 1997 (c. 27)1997 (c. 27)

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

10 (1) Section 11 (appeals against certificates) is amended as follows.

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

“(2A) Regulations may provide that, in such cases or circumstances as may
15be prescribed, an appeal may be made under this section only if the
Secretary of State has reviewed the certificate under section 10.

(2B) The regulations may in particular provide that that condition is met
only where—

(a) the review by the Secretary of State was on an application,

(b) 20the Secretary of State considered issues of a specified
description, or

(c) the review by the Secretary of State satisfied any other
condition specified in the regulations.”

(3) In subsection (5)(c) after “any such appeal” there is inserted “(or, where in
25accordance with regulations under subsection (2A) there is no right of
appeal, any purported appeal)”.

11 (1) Section 30 of that Act (regulations and orders) is amended as follows.

(2) In subsection (2) after “regulations under section” there is inserted “11(2A)
or”.

(3) 30After that subsection there is inserted—

“(2A) A statutory instrument containing regulations under section 11(2A)
may not be made unless a draft of the instrument has been laid
before and approved by a resolution of each House of Parliament.”

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

12 35Schedule 7 to the Child Support, Pensions and Social Security Act 2000 is
amended as follows.

13 (1) Paragraph 6 (housing benefit and council tax benefit: appeal to First-tier
Tribunal) is amended as follows.

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

40“or where regulations under sub-paragraph (5A) so provide.”

(3) After sub-paragraph (5) there is inserted—

“(5A) Regulations may provide that, in such cases or circumstances as
may be prescribed, there is a right of appeal in relation to a
decision only if the relevant authority which made the decision
5has considered whether to revise the decision under paragraph 3.

(5B) The regulations may in particular provide that that condition is
met only where—

(a) the consideration by the relevant authority was on an
application,

(b) 10the relevant authority considered issues of a specified
description, or

(c) the consideration by the relevant authority satisfied any
other condition specified in the regulations.”

(4) In sub-paragraph (8)—

(a) 15the 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 sub-paragraph (5A) there is no right of
appeal against a decision, any purported appeal
20may be treated as an application for revision under
paragraph 3.”

14 In paragraph 20(4) (regulations subject to affirmative procedure) for “or (4)”
there is substituted “, (4) or (5A)”.

Child Maintenance and Other Payments Act 2008 (c. 6)2008 (c. 6)

15 25The Child Maintenance and Other Payments Act 2008 is amended as
follows.

16 In section 49(2) (regulations regarding reconsideration) after “and” there is
inserted “may prescribe”.

17 (1) Section 50 (appeals to First-tier Tribunal) is amended as follows.

(2) 30After subsection (1) there is inserted—

“(1A) Regulations may provide that, in such cases or circumstances as may
be prescribed, a person may appeal against a determination made on
a claim only if the Secretary of State has decided whether to
reconsider the determination under section 49.

(1B) 35The regulations may in particular provide that that condition is met
only where—

(a) the decision of the Secretary of State was on an application,

(b) the Secretary of State considered issues of a specified
description, or

(c) 40the decision of the Secretary of State satisfied any other
condition specified in the regulations.”

(3) In subsection (4)(c) after “an appeal under subsection (1)(a)” there is inserted
“(or, where in accordance with regulations under subsection (1A) there is no
right of appeal, any purported appeal)”.

18 (1) Section 53 (regulations under Part 4) is amended as follows.

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

“(2A) The power to make regulations under section 50(1A) may be
exercised—

(a) 5in relation to all cases to which it extends, in relation to those
cases but subject to specified exceptions or in relation to any
specified cases or classes of case;

(b) so as to make, as respects the cases in relation to which it is
exercised—

(i) 10the full provision to which it extends or any lesser
provision (whether by way of exception or
otherwise);

(ii) the same provision for all cases, different provision
for different cases or classes of case or different
15provision as respects the same case or class of case but
for different purposes of this Act;

(iii) provision which is either unconditional or is subject
to any specified condition.”

(3) In subsection (3) after “section 46” there is inserted “or 50(1A)”.

Section 100

20SCHEDULE 12 Supersession of decisions of former appellate bodies

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

1 The Child Support Act 1991 is amended as follows.

2 (1) Section 17 (decisions superseding earlier decisions) is amended as follows.

(2) 25In subsection (1)—

(a) in paragraphs (b) and (d) after “any decision of” there is inserted “an
appeal tribunal or”;

(b) in paragraph (e) after “any decision of” there is inserted “a Child
Support Commissioner or”.

(3) 30After subsection (5) there is inserted—

“(6) In this section—

• “appeal tribunal” means an appeal tribunal constituted under
  Chapter 1 of Part 1 of the Social Security Act 1998 (the
  functions of which have been transferred to the First-tier
  35Tribunal);

• “Child Support Commissioner” means a person appointed as
  such under section 22 (the functions of whom have been
  transferred to the Upper Tribunal).”