Welfare Reform Bill

Session 2010 - 12
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Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Schedule 10 — Personal independence payment: transitional
142

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;”.
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—

“Personal independence
WRA 2011
Section 76

payment

10

Any provision made for Northern

Ireland which corresponds to section

76 of WRA 2011”

50
In Part 1 of Schedule 1 (abbreviations of Acts), at the end there is inserted—

“WRA 2011
The Welfare Reform Act 2011”

15
Schedule 10
Section 91

Personal independence payment: transitional
General
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
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)
35
before the appointed day, for an award on the claim to be made in respect of

Welfare Reform Bill
Schedule 10 — Personal independence payment: transitional
143

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
by—
(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
living allowance;
(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
independence payment.
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
requirement;
(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);

Welfare Reform Bill
Schedule 11 — Power to require consideration of revision before appeal
144

(d)
provision as to the amount of such an award.
Supplementary
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
the regulations;
(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
78(1) or (2).
Schedule 11
15
Section 100

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
only where—
(a)
the consideration by the Secretary of State was on an
application,
(b)
the Secretary of State considered issues of a specified
description, or
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

Welfare Reform Bill
Schedule 11 — Power to require consideration of revision before appeal
145

      (3)
After that subsection there is inserted—
“(2A)
A statutory instrument containing regulations made by the Secretary
of 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
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
exercised—
(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
exercised—
(i)
the full provision to which it extends or any lesser
provision (whether by way of exception or
20
otherwise);
(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
only where—
(a)
the consideration by the Commission was on an application,
40
(b)
the Commission considered issues of a specified description,
or
(c)
the consideration by the Commission satisfied any other
condition specified in the regulations.”

Welfare Reform Bill
Schedule 11 — Power to require consideration of revision before appeal
146

      (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
as follows.
      (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
section 16.
(3B)
The regulations may in particular provide that that condition is met
only where—
15
(a)
the 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.”
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
2000.”
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
only where—
(a)
the review by the Secretary of State was on an application,

Welfare Reform Bill
Schedule 11 — Power to require consideration of revision before appeal
147

(b)
the 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
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)
or”.
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
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—
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
met only where—
(a)
the consideration by the relevant authority was on an
application,
30
(b)
the 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)—
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
paragraph 3.”
14
In paragraph 20(4) (regulations subject to affirmative procedure) for “or (4)”
there is substituted “, (4) or (5A)”.

Welfare Reform Bill
Schedule 11 — Power to require consideration of revision before appeal
148

Child Maintenance and Other Payments Act 2008 (c. 6)
15
The 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”.
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
only where—
(a)
the decision of the Secretary of State was on an application,
(b)
the Secretary of State considered issues of a specified
15
description, or
(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
exercised—
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
exercised—
30
(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
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