Session 2010 - 12
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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

 
 

 
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Revised 29 November 2011