|
| |
|
(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) | In subsection (7), after paragraph (c) there is inserted— |
| 5 |
“(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) | In subsection (2), for “(3)” there is substituted “(2A)”. |
| 10 |
(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 |
| |
disqualification period, as if one or more of the following applied— |
| 15 |
(a) | the amount payable were reduced in such manner as may be |
| |
| |
(b) | the 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; |
| 20 |
(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) | In subsection (4), after paragraph (c) there is inserted— |
| 25 |
“(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 |
| |
| |
| 30 |
(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 |
| |
were recoverable by the Secretary of State; but”. |
| 35 |
(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 |
| |
regulations” are repealed. |
| 40 |
61 (1) | Section 9 (effect of offence on benefits for members of offender’s family) is |
| |
| |
(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 |
| |
| |
(4) | After subsection (2) there is inserted— |
| |
“(2A) | In relation to cases in which the benefit is universal credit, the |
| |
provision that may be made by virtue of subsection (2) is provision |
| 5 |
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 |
| |
| 10 |
(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) | the benefit were payable only if the circumstances are |
| 15 |
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) | any amount of the allowance payable in prescribed |
| 20 |
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 |
| |
(universal credit) or under any provision having effect in |
| 25 |
Northern Ireland corresponding to that Part;”. |
| |
63 (1) | In section 11 (loss of benefit regulations), subsection (3) is amended as |
| |
| |
| |
(a) | for “6B(7)” there is substituted “6B(5A), (7)”; |
| 30 |
(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) |
| |
64 | In section 4 of the State Pension Credit Act 2002 (exclusions), after subsection |
| 35 |
| |
“(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 |
| |
| |
Welfare Reform Act 2007 (c. 5) |
| 40 |
65 | In Schedule 1 to the Welfare Reform Act 2007 (employment and support |
| |
allowance: additional conditions), in paragraph 1(5), before paragraph (a) |
| |
| |
“(za) | universal credit,”. |
| |
|
| |
|
| |
|
| |
| |
Abolition of benefits: consequential amendments |
| |
Social Security Contributions and Benefits Act 1992 (c. 4) |
| |
1 | The Social Security Contributions and Benefits Act 1992 is amended as |
| |
| 5 |
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 |
| |
allowance” there is substituted “an employment and support allowance”. |
| 10 |
Social Security Administration Act 1992 (c. 5) |
| |
4 | The Social Security Administration Act 1992 is amended as follows. |
| |
5 | In section 7 (relationship between benefits), in subsection (3), for |
| |
“subsections (1) and (2)” there is substituted “subsection (1)”. |
| |
6 | In section 73 (overlapping benefits), in subsections (1) and (4)(c), for “a |
| 15 |
contributory” there is substituted “an”. |
| |
7 | In section 159B (effect of alterations affecting state pension credit), for “a |
| |
contributory”, wherever occurring, there is substituted “an”. |
| |
8 | In section 159D (as inserted by Schedule 2 to this Act) (effect of alterations |
| |
affecting universal credit), for “a contributory”, wherever occurring, there is |
| 20 |
| |
Immigration and Asylum Act 1999 (c. 33) |
| |
9 | In the Immigration and Asylum Act 1999, in section 115 (exclusion from |
| |
benefits of persons subject to immigration control)— |
| |
(a) | in subsection (1), after paragraph (ha) there is inserted “or”; |
| 25 |
(b) | in subsection (2)(b) for “(a) to (j)” substitute “(a) to (i)”. |
| |
Child Support, Pensions and Social Security Act 2000 (c. 19) |
| |
10 | The Child Support, Pensions and Social Security Act 2000 is amended as |
| |
| |
11 (1) | Section 69 (discretionary financial assistance with housing) is amended as |
| 30 |
| |
| |
(a) | for “relevant authorities” there is substituted “local authorities”; |
| |
(b) | in paragraph (a), the words from “housing benefit” to “both,” are |
| |
| 35 |
| |
(a) | in paragraph (b), for “relevant authority” there is substituted “local |
| |
| |
|
| |
|
| |
|
(b) | in paragraph (e), for “relevant authorities” there is substituted “local |
| |
| |
(c) | in paragraphs (f), (g) and (h), for “relevant authority” there is |
| |
substituted “local authority”. |
| |
(4) | In subsection (5), for “relevant authorities” there is substituted “local |
| 5 |
| |
(5) | In subsection (7), for the definition of “relevant authority” there is |
| |
| |
““local authority” has the meaning given by section 191 of the |
| |
Social Security Administration Act 1992.” |
| 10 |
12 (1) | Section 70 (grants towards cost of discretionary housing payments) is |
| |
| |
(2) | In subsection (1), after “payments” there is inserted “(“grants”)”. |
| |
(3) | For subsection (2) there is substituted— |
| |
“(2) | The amount of a grant under this section shall be determined in |
| 15 |
accordance with an order made by the Secretary of State with the |
| |
consent of the Treasury.” |
| |
| |
(a) | for the definition of “relevant authority” there is substituted— |
| |
““local authority” has the same meaning as in section |
| 20 |
| |
(b) | the definition of “subsidy” is repealed. |
| |
13 | After section 70 there is inserted— |
| |
| |
(1) | A grant under section 70 shall be made by the Secretary of State in |
| 25 |
such instalments, at such times, in such manner and subject to such |
| |
conditions as to claims, records, certificates, audit or otherwise as |
| |
may be provided by order of the Secretary of State with the consent |
| |
| |
(2) | The order may provide that if a local authority has not complied with |
| 30 |
the conditions specified in it within such period as may be specified |
| |
in it, the Secretary of State may estimate the amount of grant under |
| |
section 70 payable to the authority and employ for that purpose such |
| |
criteria as he considers relevant. |
| |
(3) | Where a grant under section 70 has been paid to a local authority and |
| 35 |
it appears to the Secretary of State that— |
| |
(a) | the grant has been overpaid, or |
| |
(b) | there has been a breach of any condition specified in an order |
| |
| |
| he may recover from the authority the whole or such part of the |
| 40 |
payment as he may determine. |
| |
(4) | Without prejudice to the other methods of recovery, a sum |
| |
recoverable under this section may be recovered by withholding or |
| |
| |
|
| |
|
| |
|
(5) | An order under this section may be made before, during or after the |
| |
end of the period to which it relates. |
| |
(6) | In this section “local authority” has the same meaning as in section |
| |
| |
(7) | Section 70(5) to (7) applies to orders under this section.” |
| 5 |
Capital Allowances Act 2001 (c. 2) |
| |
14 | In Schedule A1 to the Capital Allowances Act 2001 (first-year tax credits), in |
| |
paragraph 17(1)(b) after “sick pay,” there is inserted “or”. |
| |
Social Security Fraud Act 2001 (c. 11) |
| |
15 | The Social Security Fraud Act 2001 is amended as follows. |
| 10 |
16 | In section 6B (loss of benefit for conviction etc), in subsection (5), for “to (10)” |
| |
there is substituted “and (8)”. |
| |
17 | In section 7 (loss of benefit for repeated conviction etc), in subsection (2), for |
| |
“to (5)” there is substituted “and (4A)”. |
| |
18 | In section 11 (regulations), in subsection (3)(c), for the words from “section” |
| 15 |
to the end there is substituted “section 6B(5A) or (8), 7(2A) or (4A) or 9(2A) |
| |
| |
Commissioners for Revenue and Customs Act 2005 (c. 11) |
| |
19 | The Commissioners for Revenue and Customs Act 2005 is amended as |
| |
| 20 |
20 | In section 5 (initial functions), in subsection (1), after paragraph (a) there is |
| |
| |
21 | In section 44 (payment into Consolidated Fund), in subsection (3), after |
| |
paragraph (b) there is inserted “and”. |
| |
Welfare Reform Act 2007 (c. 5) |
| 25 |
22 | The Welfare Reform Act 2007 is amended as follows. |
| |
23 | In section 1 (employment and support allowance), in subsection (3)(d), at the |
| |
end there is inserted “and”. |
| |
24 | In section 2 (amount of contributory allowance), in subsection (1), for “In the |
| |
case of a contributory allowance, the amount payable” there is substituted |
| 30 |
“The amount payable by way of an employment and support allowance”. |
| |
25 (1) | Section 27 (financial provisions) is amended as follows. |
| |
(2) | In subsection (1), for the words from “so much of” to the end there is |
| |
substituted “any sums payable by way of employment and support |
| |
| 35 |
(3) | In subsection (3), for “contributory” there is substituted “employment and |
| |
| |
|
| |
|
| |
|
26 | In each of the following provisions, for “a contributory allowance” there is |
| |
substituted “an employment and support allowance”— |
| |
(a) | section 1A(1) and (2) (as inserted by section 51 of this Act); |
| |
| |
| 5 |
(d) | section 20(2), (3)(a), (b) and (c), (4), (5)(a), (b) and (c), (6), (7)(a), (b) |
| |
| |
(e) | in Schedule 1, paragraphs 1(5)(d) and 3(2)(a); |
| |
(f) | in Schedule 2, paragraphs 6 and 7(2)(d). |
| |
Corporation Tax Act 2009 (c. 4) |
| 10 |
27 | The Corporation Tax Act 2009 is amended as follows. |
| |
28 | In section 1059 (relief relating to SME R&D: total amount of company’s |
| |
PAYE and NICs liabilities), in subsection (5) after “sick pay” there is inserted |
| |
| |
29 | In section 1108 (relief relating to vaccine research etc: total amount of |
| 15 |
company’s PAYE and NICs liabilities), in subsection (5) after “sick pay” |
| |
| |
| |
| |
Housing credit element of state pension credit |
| |
| 20 |
Amendments to State Pension Credit Act 2002 |
| |
State Pension Credit Act 2002 (c. 16) |
| |
1 | The State Pension Credit Act 2002 is amended as follows. |
| |
2 | In section 1 (entitlement), in subsection (2)(c), at the end there is inserted “or |
| |
(iii) | the conditions in section 3A(1) and (2) (housing |
| 25 |
| |
3 | In that section, in subsection (3)— |
| |
(a) | after paragraph (b) there is inserted “or |
| |
(c) | to a housing credit, calculated in accordance with |
| |
section 3A, if he satisfies the conditions in subsections |
| 30 |
(1) and (2) of that section,”; |
| |
(b) | for the words from “(or to both)” to the end there is substituted “(or |
| |
to more than one of them, if he satisfies the relevant conditions)”. |
| |
4 | After section 3 there is inserted— |
| |
| 35 |
(1) | The first of the conditions mentioned in section 1(2)(c)(iii) is that the |
| |
claimant is liable to make payments in respect of the accommodation |
| |
| |
|
| |
|
| |
|
(2) | The second of the conditions mentioned in section 1(2)(c)(iii) is that |
| |
the claimant’s capital and income are such that the amount of the |
| |
housing credit payable (if he were entitled to it) would not be less |
| |
than a prescribed amount. |
| |
(3) | Where the claimant is entitled to a housing credit, the amount of the |
| 5 |
housing credit shall be an amount calculated in or determined under |
| |
regulations (which may be zero). |
| |
(4) | For the purposes of subsection (1)— |
| |
(a) | the accommodation must be in Great Britain; |
| |
(b) | the accommodation must be residential accommodation; |
| 10 |
(c) | it is immaterial whether the accommodation consists of the |
| |
whole or part of a building and whether or not it comprises |
| |
separate and self-contained premises. |
| |
(5) | Regulations may make provision as to— |
| |
(a) | the meaning of “payments in respect of accommodation” for |
| 15 |
the purposes of this section (and, in particular, as to the extent |
| |
to which such payments include mortgage payments); |
| |
(b) | circumstances in which a claimant is to be treated as liable or |
| |
not liable to make such payments; |
| |
(c) | circumstances in which a claimant is to be treated as |
| 20 |
occupying or not occupying accommodation as his home |
| |
(and, in particular, for temporary absences to be |
| |
| |
(d) | circumstances in which land used for the purposes of any |
| |
accommodation is to be treated as included in the |
| 25 |
| |
(6) | Regulations under this section may make different provision for |
| |
| |
5 | In section 7 (fixing of retirement provision for assessed income period), at |
| |
the end there is inserted— |
| 30 |
“(10) | Regulations may prescribe circumstances in which subsection (3) |
| |
does not apply for the purposes of determining the amount of a |
| |
housing credit to which the claimant is entitled.” |
| |
6 | In section 12 (polygamous marriages), in subsection (2)(b), after “savings |
| |
credit” there is inserted “or housing credit”. |
| 35 |
7 | In section 17 (interpretation), in subsection (1), after the definition of |
| |
“guarantee credit” there is inserted— |
| |
““housing credit” shall be construed in accordance with |
| |
| |
8 | In Schedule 2 (consequential amendments etc), paragraph 9(5)(a) is |
| 40 |
| |
|
| |
|