|
| |
|
| |
“(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;”. |
| |
Income Tax (Earnings and Pensions) Act 2003 (c. 1) |
| 5 |
48 | The Income Tax (Earnings and Pensions) Act 2003 is amended as follows. |
| |
49 | 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— |
| |
| | | | | | | | | | | 10 | | | Any provision made for Northern |
| | | | | Ireland which corresponds to section |
| | | | | | | |
|
50 | In Part 1 of Schedule 1 (abbreviations of Acts), at the end there is inserted— |
| |
| | The Welfare Reform Act 2011” |
| | 15 |
|
| |
| |
Personal independence payment: transitional |
| |
| |
1 (1) | Regulations under section 91 may in particular make provision for the |
| |
purposes of, or in connection with, replacing disability living allowance |
| 20 |
with personal independence payment. |
| |
(2) | In this Schedule “the appointed day” means the day appointed for the |
| |
coming into force of section 76. |
| |
Claims before the appointed day |
| |
2 (1) | The provision referred to in paragraph 1(1) includes— |
| 25 |
(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 |
| |
disability living allowance; |
| 30 |
(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 |
| |
| |
(2) | The provision referred to in paragraph 1(1) includes provision, where a |
| |
claim for personal independence payment is made (or treated as made) |
| 35 |
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) | The provision referred to in paragraph 1(1) includes— |
| |
(a) | provision permanently or temporarily excluding the making of a |
| 5 |
claim for personal independence payment after the appointed day |
| |
| |
(i) | a person to whom disability living allowance is awarded, or |
| |
(ii) | a person who would be entitled to an award of disability |
| |
living allowance on making a claim for it; |
| 10 |
(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 |
| |
temporarily or for a particular period; |
| |
(d) | provision for a claim for personal independence payment made after |
| 15 |
the appointed day to be treated to any extent as a claim for disability |
| |
| |
(e) | provision for a claim for disability living allowance made after the |
| |
appointed day to be treated to any extent as a claim for personal |
| |
| 20 |
(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). |
| 25 |
Awards of existing allowance |
| |
4 (1) | The provision referred to in paragraph 1(1) includes— |
| |
(a) | provision 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 |
| 30 |
living allowance is terminated. |
| |
(2) | The provision referred to in sub-paragraph (1)(b) includes— |
| |
(a) | provision 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 |
| 35 |
application for such an award; |
| |
(b) | provision as to the consequences of failure to comply with any such |
| |
| |
(c) | provision as to the terms on which, and conditions subject to which, |
| |
such an award is made, including— |
| 40 |
(i) | provision temporarily or permanently disapplying, or |
| |
otherwise modifying, conditions of entitlement to personal |
| |
independence payment in relation to the award; |
| |
(ii) | provision temporarily or permanently disapplying, or |
| |
otherwise modifying, any requirement under this Part for a |
| 45 |
person to be assessed in respect of any of the questions |
| |
mentioned in section 79(1) or (2); |
| |
|
| |
|
| |
|
(d) | provision as to the amount of such an award. |
| |
| |
5 | Regulations under section 91— |
| |
(a) | may secure the result that any gap in entitlement to disability living |
| |
allowance is to be disregarded for the purposes of provision under |
| 5 |
| |
(b) | may make provision about cases in which provision made by |
| |
regulations under section 79(2) (required period condition) is to |
| |
apply with modifications; |
| |
(c) | may, for the purposes of provision made by virtue of paragraph (b), |
| 10 |
provide 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 77(1) or (2) or |
| |
| |
| 15 |
| |
Power to require consideration of revision before appeal |
| |
Vaccine Damage Payments Act 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— |
| 20 |
“(1B) | If the claimant’s address is not in Northern Ireland, regulations may |
| |
provide that, in such cases or circumstances as may be prescribed, |
| |
there 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 |
| 25 |
| |
(a) | the consideration by the Secretary of State was on an |
| |
| |
(b) | the Secretary of State considered issues of a specified |
| |
| 30 |
(c) | the consideration by the Secretary of State satisfied any other |
| |
condition specified in the regulations.” |
| |
(3) | At 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, |
| 35 |
any purported appeal may be treated as an application to |
| |
reverse the decision under section 3A.” |
| |
3 (1) | Section 8 (regulations) is amended as follows. |
| |
(2) | In subsection (2)(a) the words from “which shall be” to “House of |
| |
Parliament” are repealed. |
| 40 |
|
| |
|
| |
|
(3) | After that subsection there is inserted— |
| |
“(2A) | A statutory instrument containing regulations made by the Secretary |
| |
| |
(a) | except in the case of an instrument containing regulations |
| |
under section 4(1B), is subject to annulment in pursuance of |
| 5 |
a resolution of either House of Parliament; |
| |
(b) | in the case of an instrument containing regulations under |
| |
section 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.” |
| 10 |
(4) | At the end there is inserted— |
| |
“(5) | The power to make regulations under section 4(1B) may be |
| |
| |
(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 |
| 15 |
specified cases or classes of case; |
| |
(b) | so as to make, as respects the cases in relation to which it is |
| |
| |
(i) | the full provision to which it extends or any lesser |
| |
provision (whether by way of exception or |
| 20 |
| |
(ii) | the same provision for all cases, different provision |
| |
for 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; |
| 25 |
(iii) | provision which is either unconditional or is subject |
| |
to any specified condition.” |
| |
Child Support Act 1991 (c. 48) |
| |
4 | The Child Support Act 1991 is amended as follows. |
| |
5 (1) | Section 20 (appeals to First-tier Tribunal), as substituted by section 10 of the |
| 30 |
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 |
| |
be prescribed, there is a right of appeal against a decision mentioned |
| 35 |
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 |
| |
| |
(a) | the consideration by the Commission was on an application, |
| 40 |
(b) | the Commission considered issues of a specified description, |
| |
| |
(c) | the consideration by the Commission satisfied any other |
| |
condition specified in the regulations.” |
| |
|
| |
|
| |
|
(3) | At 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.” |
| 5 |
6 (1) | Section 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 |
| |
| |
(2) | After subsection (3) there is inserted— |
| |
“(3A) | Regulations may provide that, in such cases or circumstances as may |
| 10 |
be prescribed, there is a right of appeal against a decision only if the |
| |
Commission has considered whether to revise the decision under |
| |
| |
(3B) | The regulations may in particular provide that that condition is met |
| |
| 15 |
(a) | the consideration by the Commission was on an application, |
| |
(b) | the Commission considered issues of a specified description, |
| |
| |
(c) | the consideration by the Commission satisfied any other |
| |
condition specified in the regulations.” |
| 20 |
(3) | At 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.” |
| 25 |
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) | subsection (3A) of section 20 as it has effect apart from section |
| 30 |
10 of the Child Support, Pensions and Social Security Act |
| |
| |
8 | In section 52 (regulations and orders), in subsection (2)(a), after “section |
| |
12(5)(b)),” there is inserted “20(2A), 20(3A)”. |
| |
Social Security (Recovery of Benefits) Act 1997 (c. 27) |
| 35 |
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 |
| |
be prescribed, an appeal may be made under this section only if the |
| 40 |
Secretary of State has reviewed the certificate under section 10. |
| |
(2B) | The regulations may in particular provide that that condition is met |
| |
| |
(a) | the review by the Secretary of State was on an application, |
| |
|
| |
|
| |
|
(b) | the Secretary of State considered issues of a specified |
| |
| |
(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 |
| 5 |
accordance 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) |
| |
| 10 |
(3) | After 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) |
| 15 |
12 | Schedule 7 to the Child Support, Pensions and Social Security Act 2000 is |
| |
| |
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— |
| 20 |
| “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 |
| 25 |
has considered whether to revise the decision under paragraph 3. |
| |
(5B) | The regulations may in particular provide that that condition is |
| |
| |
(a) | the consideration by the relevant authority was on an |
| |
| 30 |
(b) | the relevant authority considered issues of a specified |
| |
| |
(c) | the consideration by the relevant authority satisfied any |
| |
other condition specified in the regulations.” |
| |
(4) | In sub-paragraph (8)— |
| 35 |
(a) | the 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 |
| 40 |
may be treated as an application for revision under |
| |
| |
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) |
| |
15 | The Child Maintenance and Other Payments Act 2008 is amended as |
| |
| |
16 | In section 49(2) (regulations regarding reconsideration) after “and” there is |
| |
inserted “may prescribe”. |
| 5 |
17 (1) | Section 50 (appeals to First-tier Tribunal) is amended as follows. |
| |
(2) | After 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 |
| 10 |
reconsider the determination under section 49. |
| |
(1B) | The regulations may in particular provide that that condition is met |
| |
| |
(a) | the decision of the Secretary of State was on an application, |
| |
(b) | the Secretary of State considered issues of a specified |
| 15 |
| |
(c) | the 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 |
| 20 |
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 |
| |
| 25 |
(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 |
| |
| 30 |
(i) | the full provision to which it extends or any lesser |
| |
provision (whether by way of exception or |
| |
| |
(ii) | the same provision for all cases, different provision |
| |
for different cases or classes of case or different |
| 35 |
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.” |
| |
(3) | In subsection (3) after “section 46” there is inserted “or 50(1A)”. |
| 40 |
|
| |
|