Welfare Reform Bill

Session 2010 - 12
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Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Part 5 — Social security: general
100

129
Information-sharing in relation to welfare services etc
(1)
The Secretary of State, or a person providing services to the Secretary of State,
may supply relevant information to a qualifying person for prescribed
purposes relating to welfare services.
(2)
A qualifying person who holds relevant information for a prescribed purpose
5
relating to welfare services may supply that information to—
(a)
the Secretary of State, or
(b)
a person providing services to the Secretary of State,

for a prescribed purpose relating to a relevant social security benefit.
(3)
A qualifying person who holds relevant information for a prescribed purpose
10
relating to welfare services or housing benefit may—
(a)
use the information for another prescribed purpose relating to welfare
services or housing benefit;
(b)
supply it to another qualifying person for use in relation to the same or
another prescribed purpose relating to welfare services or housing
15
benefit.
(4)
Relevant information supplied under subsection (1) or (3) to a qualifying
person may be supplied by that person to a person who provides qualifying
welfare services for purposes connected with the provision of those services.
(5)
In subsection (4) services are qualifying welfare services if—
20
(a)
a local authority, or
(b)
a person who is a qualifying person by virtue of subsection (11)(g),

contributes or will contribute to the expenditure incurred in their provision.
(6)
The Secretary of State may not exercise the power in subsection (3) to prescribe
purposes for which information may be supplied by a qualifying person so as
25
to prescribe an excepted purpose in relation to excepted information held by a
Welsh body.
(7)
In subsection (6)—
(a)
excepted information is information held by the Welsh body that—
(i)
is not supplied by, or derived from information supplied to
30
another person by, the Secretary of State or a person providing
services to the Secretary of State or a person engaged in the
administration of housing benefit, and
(ii)
is held only for an excepted purpose;
(b)
an excepted purpose is a purpose relating to a matter provision for
35
which—
(i)
is within the legislative competence of the National Assembly
for Wales, or
(ii)
is made by the Welsh Ministers, the First Minister for Wales or
the Counsel General to the Welsh Assembly Government.
40
(8)
The Secretary of State may not exercise the power in subsection (3) to prescribe
purposes for which information may be supplied by a qualifying person so as
to prescribe an excepted purpose in relation to excepted information held by a
Scottish body.
(9)
In subsection (8)—
45
(a)
excepted information is information held by the Scottish body that—

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(i)
is not supplied by, or derived from information supplied to
another person by, the Secretary of State or a person providing
services to the Secretary of State or a person engaged in the
administration of housing benefit, and
(ii)
is held only for an excepted purpose;
5
(b)
an excepted purpose is a purpose relating to a matter provision for
which is within the legislative competence of the Scottish Parliament.
(10)
Subsections (1) to (4) do not apply in a case where the supply or use of
information is authorised by section 128.
(11)
In this section “qualifying person” means—
10
(a)
a local authority;
(b)
a person authorised to exercise any function of such an authority
relating to welfare services;
(c)
a person providing services to a local authority relating to welfare
services;
15
(d)
an authority which administers housing benefit;
(e)
a person authorised to exercise any function of such an authority
relating to housing benefit;
(f)
a person providing to such an authority services relating to housing
benefit;
20
(g)
a person prescribed or of a description prescribed by the Secretary of
State.
(12)
In this section—
“person engaged in the administration of housing benefit” means—
(a)
an authority which administers housing benefit,
25
(b)
a person authorised to exercise any function of such an
authority relating to housing benefit, or
(c)
a person providing to such an authority services relating to
housing benefit;
“relevant information” means information relating to—
30
(a)
any relevant social security benefit, or
(b)
welfare services;
“relevant social security benefit” has the meaning given in section
121DA(7) of the Social Security Administration Act 1992;
“Scottish body” means—
35
(a)
a local authority in Scotland,
(b)
a person authorised to exercise any function of such an
authority relating to welfare services,
(c)
a person providing to a local authority in Scotland services
relating to welfare services, or
40
(d)
a person prescribed or of a description prescribed by the
Secretary of State;
“welfare services” includes services which provide accommodation,
support, assistance, advice or counselling to individuals with particular
needs, and for these purposes “assistance” includes assistance by
45
means of a grant or loan or the provision of goods or services;
“Welsh body” means—
(a)
a local authority in Wales,

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(b)
a person authorised to exercise any function of such an
authority relating to welfare services,
(c)
a person providing to a local authority in Wales services
relating to welfare services, or
(d)
a person prescribed or of a description prescribed by the
5
Secretary of State.
130
Unlawful disclosure of information supplied under section 129
(1)
A person to whom subsection (2) applies is guilty of an offence if the person
discloses without lawful authority any information—
(a)
which comes to the person by virtue of section 129(1), (3) or (4), and
10
(b)
which relates to a particular person.
(2)
This subsection applies to—
(a)
a person mentioned in section 129(11)(a) to (c);
(b)
a person who provides qualifying welfare services (within the meaning
of section 129);
15
(c)
a person who is or has been a director, member of the committee of
management, manager, secretary or other similar officer of a person
mentioned in paragraph (a) or (b);
(d)
a person who is or has been an employee of a person mentioned in
paragraph (a) or (b).
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(3)
A person guilty of an offence under this section is liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
2 years or a fine or both, or
(b)
on summary conviction, to imprisonment for a term not exceeding 12
months or a fine not exceeding the statutory maximum or both.
25
(4)
It is not an offence under this section—
(a)
to disclose information in the form of a summary or collection of
information so framed as not to enable information relating to any
particular person to be ascertained from it;
(b)
to disclose information which has previously been disclosed to the
30
public with lawful authority.
(5)
It is a defence for a person (“D”) charged with an offence under this section to
prove that at the time of the alleged offence—
(a)
D believed that D was making the disclosure in question with lawful
authority and had no reasonable cause to believe otherwise, or
35
(b)
D believed that the information in question had previously been
disclosed to the public with lawful authority and had no reasonable
cause to believe otherwise.
(6)
A disclosure is made with lawful authority if it is so made for the purposes of
section 123 of the Social Security Administration Act 1992.
40
(7)
This section does not affect that section.
(8)
Regulations under section 129(11)(g) may include provision for applying the
provisions of this section to—
(a)
a person who is a qualifying person within the meaning of section 129
by virtue of the regulations, or
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(b)
a person associated with such a qualifying person by reason of the
person’s office or employment or otherwise.
(9)
In relation to an offence under this section committed in England and Wales
before the commencement of section 154(1) of the Criminal Justice Act 2003
(increase in maximum term that may be imposed on summary conviction of
5
offence triable either way) the reference in subsection (3)(b) to 12 months must
be taken to be a reference to 6 months.
131
Sections 128 to 130: supplementary
(1)
In sections 128 and 129—
“benefit” includes any allowance, payment, credit or loan;
10
“local authority” means—
(a)
a county or district council in England;
(b)
an eligible parish council (within the meaning of Chapter 1 of
Part 1 of the Localism Act 2011);
(c)
a London borough council;
15
(d)
the Common Council of the City of London in its capacity as a
local authority;
(e)
the Council of the Isles of Scilly;
(f)
a county or county borough council in Wales;
(g)
a council constituted under section 2 of the Local Government
20
etc. (Scotland) Act 1994;
“prescribed” means prescribed in regulations made by the Secretary of
State.
(2)
Any power to make regulations under sections 128 and 129 includes power—
(a)
to make different provision for different purposes, cases and areas;
25
(b)
to make such incidental, supplemental, consequential, transitional or
saving provision as the Secretary of State thinks necessary or expedient.
(3)
Regulations under sections 128 and 129 must be made by statutory instrument.
(4)
A statutory instrument containing regulations under section 128 or 129 is
subject to annulment in pursuance of a resolution of either House of
30
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
that Chapter is to be read as a reference to an eligible parish council within the
35
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.
Information-sharing: miscellaneous
40
132
Information-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.

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(2)
In subsection (2)(b), after “designated” there is inserted “(specifically or by
description)”.
(3)
The following are repealed—
(a)
in subsection (6), the words “(subject to subsection (6A))”;
(b)
subsection (6A).
5
(4)
In Schedule 1 to the Education and Skills Act 2008, paragraph 74(3) and (4) is
repealed.
Part 6
Miscellaneous
Tell Us Once
10
133
Functions of registration service
In the Registration Service Act 1953, after section 19 there is inserted—
“19A
Functions 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—
15
(a)
transmit information entered in a register of births to the
Secretary of State, and
(b)
verify 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—
20
(a)
individuals may transmit information about births to the
Secretary of State, and
(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
25
persons providing services to the Secretary of State for the purpose of
the 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.”
30
Child support maintenance
134
Supporting 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
35
applications under sections 4 and 7—
(a)
take such steps as it considers appropriate to encourage the
making and keeping of maintenance agreements, and

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(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)
In Schedule 5 to the Child Maintenance and Other Payments Act 2008
(maintenance calculations: transfer of cases to new rules), in paragraph 3, after
5
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
reasonable steps to establish whether it is possible or appropriate to
make a maintenance agreement (within the meaning of section 9 of
10
the Child Support Act 1991).”
135
Collection of child support maintenance
(1)
The Child Support Act 1991 is amended as follows.
(2)
In section 4 (child support maintenance)—
(a)
in subsection (2), the words from “or” to “made” are repealed;
15
(b)
after subsection (2) there is inserted—
“(2A)
The Commission may only make arrangements under
subsection (2)(a) if—
(a)
the non-resident parent agrees to the arrangements, or
(b)
the Commission is satisfied that without the
20
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)
in subsection (3), for the words from “person with care” to “made or”
there is substituted “person with care or”;
25
(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)
the Commission is satisfied that without the
30
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))”.
136
Indicative maintenance calculations
35
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
indicative calculation with respect to that child or any of those children.
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(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.

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(3)
An indicative calculation is a calculation of the amount of child support
maintenance 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
5
pay child support maintenance.
(5)
The 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
10
denies being one of the child’s parents, the Commission shall not make
the 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).”
137
Recovery of child support maintenance by deduction from benefit
15
In section 43 of the Child Support Act 1991 (as substituted by the Child
Support, Pensions and Social Security Act 2000), for subsections (1) and (2)
there is substituted—
“(1)
The power of the Secretary of State to make regulations under section 5
of the Social Security Administration Act 1992 by virtue of subsection
20
(1)(p) of that section may be exercised with a view to securing the
making of payments in respect of child support maintenance by a non-
resident parent.
(2)
The reference in subsection (1) to the making of payments in respect of
child support maintenance includes the recovery of—
25
(a)
arrears of child support maintenance, and
(b)
fees payable under section 6 of the Child Maintenance and
Other Payments Act 2008.”
138
Exclusion from individual voluntary arrangements
(1)
In the Insolvency Act 1986, in section 382 (meaning of “bankruptcy debt” etc),
30
at 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 “,
35
“liability””.
Employment and training
139
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
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