Welfare Reform Bill

Session 2010 - 12
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Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Schedule 7 — Jobseeker’s allowance in interim period: consequential amendments
135

(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
Sections 20C and 20D (uncommenced provision relating to sanctions for
5
violent conduct etc) are repealed.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
“jobseeking period” there is inserted—
10
“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)
Schedule 1 (supplementary) is amended as follows.
15
      (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
jobseeker’s allowance include a payment by way of such an
20
allowance under section 19C.”
Social Security Act 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
“jobseeker’s agreement” there is substituted “claimant commitment”.
25
Social Security Fraud Act 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
circumstances”;
30
(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
section; or”.
35
      (3)
Subsection (5) is repealed.
Welfare Reform Act 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
paragraph 8B inserted into Schedule 1 to the Jobseekers Act 1995—
40

Welfare Reform Bill
Schedule 8 — Social fund discretionary payments: consequential amendments
136

(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
is substituted “accepted a claimant commitment during”.
5
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
commitment))”;
10
(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)
In subsection (2), in section 20E inserted into the Jobseekers Act 1995—
15
(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)
after subsection (2)(d) there is inserted—
20
“(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)
sections 9 and 10 (in all places);
25
(c)
section 16(3)(b)(ii);
(d)
sections 19 and 19A (in all places);”.
Schedule 8
Section 69

Social fund discretionary payments: consequential amendments
1
The Social Security Administration Act 1992 is amended as follows.
30
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
section 71(8)”.
35
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.

A social fund inspector.
40

Welfare Reform Bill
Schedule 9 — Personal independence payment: amendments
137


A member of any staff employed in connection with the social
fund.”
Schedule 9
Section 89

Personal independence payment: amendments
Transport Act 1982 (c. 49)
5
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;”.
Child Support Act 1991 (c. 48)
10
2
In 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)
15
3
The Social Security Contributions and Benefits Act 1992 is amended as
follows.
4
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
20
independence payment at a rate designated by regulations
under this paragraph, or”.
5     (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)”.
25
      (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.”
6
In section 150 (Christmas bonus for pensioners: interpretation), in
30
subsection (1), after paragraph (ba) there is inserted—
“(bb)
personal independence payment;”.
Social Security Administration Act 1992 (c. 5)
7
The Social Security Administration Act 1992 is amended as follows.
8     (1)
Section 1 (entitlement to benefit dependent on claim) is amended as follows.
35
      (2)
In subsection (3)—

Welfare Reform Bill
Schedule 9 — Personal independence payment: amendments
138

(a)
before paragraph (a) there is inserted—
“(za)
for personal independence payment by virtue of
section 81 of the Welfare Reform Act 2011; or”;
(b)
paragraph (b) and the “or” preceding it is repealed.
      (3)
In subsection (4), after paragraph (ac) there is inserted—
5
“(ad)
personal independence payment.”
9
In section 5(2) (regulations about claims for and payments of benefit), after
paragraph (ac) there is inserted—
“(ad)
personal independence payment;”.
10
In section 71(11) (overpayments), after paragraph (ac) there is inserted—
10
“(ad)
personal independence payment;”.
11
In section 73 (overlapping benefits - general), after subsection (5) there is
inserted—
“(6)
Personal independence payment is to be treated for the purposes of
this section as if it were benefit as defined in section 122 of the
15
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
independence payment by section 84 of the Welfare Reform Act
2011).”
20
12
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;”.
13
In section 122B (supply of other government information for fraud
prevention and verification), in subsection (3)(b), after “Welfare Reform Act
25
2011” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that
Act”.
14
In section 122C (supply of information to authorities administering benefit),
in subsection (6)(b), after “Welfare Reform Act 2007” there is inserted “, Part
4 of the Welfare Reform Act 2011”.
30
15
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;”.
16
In section 125 (regulations as to notification of deaths), in subsection (1),
35
after “Welfare Reform Act 2011” (inserted by Schedule 2 to this Act) there is
inserted “, Part 4 of that Act”.
17
In section 150 (uprating)—
(a)
in subsection (1), after paragraph (n) (inserted by Schedule 2 to this
Act) there is inserted—
40
“(o)
specified in regulations under section 77(3) or 78(3) of
that Act;”;
(b)
in subsection (3)(b), for “or (g)” there is substituted “, (g) or (o)”.
18
In section 159 (effect of alteration in the component rates of income support),
in subsection (5), in the definition of “benefit income”, after “income
45

Welfare Reform Bill
Schedule 9 — Personal independence payment: amendments
139

support;” there is inserted—
“(aa)
personal independence payment;”.
19
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—
5
“(ab)
personal independence payment;”.
20
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”.
21
In section 159C (effect of alteration of rates of an employment and support
10
allowance), in subsection (6), in the definition of “benefit income”, after
“Contributions and Benefits Act” there is inserted “or personal
independence payment”.
22
In section 160 (implementation of increases in income support due to
attainment of particular ages), in subsection (3), after “entitlement to” there
15
is inserted “personal independence payment or to”.
23
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;”.
20
24
In 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.”
25
25
In 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”.
26
In section 170 (Social Security Advisory Committee), in subsection (5)—
30
(a)
in 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—
35
“(al)
any provisions in Northern Ireland which correspond
to Part 4 of that Act;”.
27    (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”.
40
      (3)
In subsection (4), after paragraph (ag) (inserted by Schedule 2 to this Act)
there is inserted—
“(ah)
to Part 4 of that Act;”.

Welfare Reform Bill
Schedule 9 — Personal independence payment: amendments
140

28
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
inserted “, Part 4 of that Act”.
29
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
5
inserted “, Part 4 of that Act”.
30
In section 184 (control of pneumoconiosis), in paragraph (c), for “benefit as
defined 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,”.
10
31
In section 187 (inalienability), in subsection (1), after paragraph (ac) there is
inserted—
“(ad)
personal independence payment;”.
32
In section 191 (interpretation), in the definition of “benefit”, for “, state
pension credit and an employment and support allowance” there is
15
substituted “state pension credit, an employment and support allowance
and personal independence payment”.
33
In Schedule 7 (regulations not requiring prior submission to Social Security
Advisory Committee), before paragraph 1 there is inserted—
“Personal independence payment
20
A1
Regulations under section 77(3) or 78(3) of the Welfare Reform Act
2011.”
Social Security (Recovery of Benefits) Act 1997 (c. 27)
34
The Social Security (Recovery of Benefits) Act 1997 is amended as follows.
35
In section 29 (general interpretation), in the definition of “benefit”, after
25
“employment and support allowance” there is inserted “, personal
independence payment”.
36
In 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
30
attendance allowance there is inserted “Daily living component of
personal independence payment”;
(b)
in 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
35
independence payment”.
Social Security Act 1998 (c. 14)
37
The Social Security Act 1998 is amended as follows.
38
In section 2(2) (use of computers), after paragraph (k) (inserted by Schedule
2 to this Act) there is inserted “or
40
(l)
Part 4 of that Act.”
39
In section 8 (decisions by Secretary of State)—

Welfare Reform Bill
Schedule 9 — Personal independence payment: amendments
141

(a)
in 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.”
5
40
In 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”.
41
In section 27(7) (restriction on entitlement in cases of error), in the definition
of “benefit”—
10
(a)
after paragraph (de) there is inserted—
“(df)
personal independence payment;”;
(b)
in paragraph (e) for “to (de)” there is substituted “to (df)”.
42
In section 28(3) (correction of errors in decisions etc), after paragraph (h)
(inserted by Schedule 2 to this Act) there is inserted “or
15
(i)
Part 4 of that Act.”
43
In Schedule 3 (decisions against which an appeal lies), in paragraph 3—
(a)
in paragraph (f), the final “or” is repealed;
(b)
after paragraph (g) there is inserted—
“(h)
regulations made under section 84(1) of the
20
Welfare Reform Act 2011;
(i)
section 85 of that Act.”
Immigration and Asylum Act 1999 (c. 33)
44
In section 115 of the Immigration and Asylum Act 1999 (exclusion from
benefits)—
25
(a)
in subsection (1), after “support allowance)” there is inserted “or to
personal independence payment”;
(b)
in subsection (2), at the beginning of paragraph (b) there is inserted
“disability living allowance or”.
Social Security Fraud Act 2001 (c. 11)
30
45
The Social Security Fraud Act 2001 is amended as follows.
46
In section 6A(1) (definitions)—
(a)
in the definition of “disqualifying benefit”, after paragraph (c) there
is inserted—
“(ca)
any benefit under Part 4 of the Welfare Reform Act
35
2011 (personal independence payment) or under any
provision in Northern Ireland which corresponds to
that Part;”;
(b)
in the definition of “sanctionable benefit”, after paragraph (c) there is
inserted—
40
“(ca)
personal independence payment;”.
47
In section 10 (power to supplement and mitigate loss of benefit provisions),
in subsection (3), after paragraph (bd) (inserted by Schedule 2 to this Act)