Welfare Reform Bill

Session 2010 - 12
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Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Schedule 12 — Supersession of decisions of former appellate bodies
149

Schedule 12
Section 101

Supersession of decisions of former appellate bodies
Child Support Act 1991 (c. 48)
1
The Child Support Act 1991 is amended as follows.
2     (1)
Section 17 (decisions superseding earlier decisions) is amended as follows.
5
      (2)
In subsection (1)—
(a)
in paragraphs (b) and (d) after “any decision of” there is inserted “an
appeal tribunal or”;
(b)
in paragraph (e) after “any decision of” there is inserted “a Child
Support Commissioner or”.
10
      (3)
After subsection (5) there is inserted—
“(6)
In this section—
“appeal tribunal” means an appeal tribunal constituted under
Chapter 1 of Part 1 of the Social Security Act 1998 (the
functions of which have been transferred to the First-tier
15
Tribunal);
“Child Support Commissioner” means a person appointed as
such under section 22 (the functions of whom have been
transferred to the Upper Tribunal).”
3     (1)
In Schedule 4C (departure directions), paragraph 2 is amended as follows.
20
      (2)
In sub-paragraph (1)(c), after “any decision of” there is inserted “an appeal
tribunal or”.
      (3)
In sub-paragraph (2), after “any decision of” (in each place) there is inserted
“an appeal tribunal or”.
      (4)
After sub-paragraph (2) there is inserted—
25
    “(3)
In this paragraph “appeal tribunal” means an appeal tribunal
constituted under Chapter 1 of Part 1 of the Social Security Act
1998 (the functions of which have been transferred to the First-tier
Tribunal).”
Social Security Act 1998 (c. 14)
30
4     (1)
Section 10 of the Social Security Act 1998 (decisions superseding earlier
decisions) is amended as follows.
      (2)
In subsection (1), the “and” at the end of paragraph (a) is repealed and after
that paragraph there is inserted—
“(aa)
any decision under this Chapter of an appeal tribunal or a
35
Commissioner; and”.
      (3)
After subsection (6) there is inserted—
“(7)
In this section—
“appeal tribunal” means an appeal tribunal constituted under
Chapter 1 of this Part (the functions of which have been
40
transferred to the First-tier Tribunal);

Welfare Reform Bill
Schedule 13 — Social Mobility and Child Poverty Commission
Part 1 — Establishment of Social Mobility and Child Poverty Commission
150

“Commissioner” means a person appointed as a Social Security
Commissioner under Schedule 4 (the functions of whom
have been transferred to the Upper Tribunal), and includes a
tribunal of such persons.”
Child Support, Pensions and Social Security Act 2000 (c. 19)
5
5     (1)
In Schedule 7 to the Child Support, Pensions and Social Security Act 2000
(housing benefit and council tax benefit), paragraph 4 (decisions
superseding earlier decisions) is amended as follows.
      (2)
In sub-paragraph (1), the “and” at the end of paragraph (a) is repealed and
after that paragraph there is inserted—
10
“(aa)
any decision under this Schedule of an appeal tribunal or a
Commissioner, and”.
      (3)
In sub-paragraph (2)—
(a)
after “the decision appealed against to” there is inserted “the tribunal
or”;
15
(b)
after “the decision being appealed against to” there is inserted “the
Commissioner or”.
      (4)
After sub-paragraph (6) there is inserted—
    “(7)
In this paragraph—
“appeal tribunal” means an appeal tribunal constituted
20
under Chapter 1 of Part 1 of the Social Security Act 1998
(the functions of which have been transferred to the First-
tier Tribunal);
“Commissioner” means a person appointed as a Social
Security Commissioner under Schedule 4 to that Act (the
25
functions of whom have been transferred to the Upper
Tribunal), and includes a tribunal of such persons.”
Schedule 13
Section 140

Social Mobility and Child Poverty Commission
Part 1
30
Establishment of Social Mobility and Child Poverty Commission
1
The Child Poverty Act 2010 is amended as follows.
2
For section 8 (and the preceding italic heading) there is substituted—
“Social Mobility and Child Poverty Commission
8
Social Mobility and Child Poverty Commission
35
(1)
There is to be a body called the Social Mobility and Child Poverty
Commission (in this Act referred to as “the Commission”).
(2)
The Commission’s functions are those conferred on it by or under
this Act.

Welfare Reform Bill
Schedule 13 — Social Mobility and Child Poverty Commission
Part 1 — Establishment of Social Mobility and Child Poverty Commission
151

(3)
Schedule 1 contains further provision about the Commission.
(4)
A Minister of the Crown may by order provide for the Commission
to cease to exist on a day—
(a)
specified in or determined in accordance with the order, and
(b)
falling after the target year.
5
(5)
An order under subsection (4) may contain such transitional or
consequential provision as the Minister of the Crown considers
necessary or expedient in connection with the abolition of the
Commission.
(6)
That provision may include provision amending, repealing or
10
revoking—
(a)
the provisions of this Act so far as relating to the
Commission;
(b)
any provision of any other Act (whenever passed);
(c)
any provision of any instrument made under an Act
15
(whenever made).
8A
Advice
(1)
The Commission must on request give advice to a Minister of the
Crown about how to measure socio-economic disadvantage, social
mobility and child poverty.
20
(2)
Advice given under this section must be published.
8B
Annual reports
(1)
Before each anniversary of the coming into force of this section the
Commission must publish a report setting out its views on the
progress made towards the goals in subsection (2).
25
(2)
Those goals are—
(a)
improving social mobility in the United Kingdom, and
(b)
reducing child poverty in the United Kingdom, and in
particular—
(i)
meeting the targets in sections 3 to 6 in relation to the
30
target year, and
(ii)
implementing the most recent UK strategy, Scottish
strategy, Northern Ireland strategy and Welsh
strategy.
(3)
A report under subsection (1) may by published as one or more
35
documents as a Minister of the Crown may direct.
(4)
If the Commission so requests, a Minister of the Crown may by order
extend the publication deadline for any particular report by not more
than nine months.
(5)
A Minister of the Crown must lay a report under this section before
40
Parliament.
8C
Other functions
A Minister of the Crown may direct the Commission to carry out any
other activity relating to the goals in section 8B(2).”

Welfare Reform Bill
Schedule 13 — Social Mobility and Child Poverty Commission
Part 1 — Establishment of Social Mobility and Child Poverty Commission
152

3
For Schedule 1 (Child Poverty Commission) there is substituted—
“Schedule 1
Social Mobility and Child Poverty Commission
Membership, chair and deputy chair
1     (1)
The members of the Commission are to be—
5
(a)
a chair appointed by a Minister of the Crown,
(b)
a member appointed by the Scottish Ministers,
(c)
a member appointed by the Welsh Ministers,
(d)
a member appointed by the relevant Northern Ireland
department, and
10
(e)
any other members appointed by a Minister of the Crown.
      (2)
A Minister of the Crown may appoint one of the members as the
deputy chair.
Term of office
2
Members are to hold and vacate office in accordance with the
15
terms of their appointment, subject to the following provisions.
3
Members must be appointed for a term of not more than five
years.
4
A member may resign by giving notice in writing to a Minister of
the Crown.
20
5
A Minister of the Crown may remove a member if—
(a)
the person has been absent from three or more consecutive
meetings of the Commission without its permission,
(b)
the person has become bankrupt or has made an
arrangement with creditors,
25
(c)
the person’s estate has been sequestrated in Scotland or the
person, under Scots law, has made a composition or
arrangement with, or granted a trust deed for, creditors, or
(d)
the Minister is satisfied that the person is otherwise unable
or unfit to perform the duties of the office.
30
6
A person ceases to be the chair or the deputy chair if the person—
(a)
resigns that office by giving notice in writing to a Minister
of the Crown, or
(b)
ceases to be a member.
7
A person who holds or has held office as the chair, or as the deputy
35
chair or other member, may be reappointed, whether or not to the
same office.
Staff and facilities
8
A Minister of the Crown may provide the Commission with—
(a)
such staff,
40
(b)
such accommodation, equipment and other facilities, and

Welfare Reform Bill
Schedule 13 — Social Mobility and Child Poverty Commission
Part 2 — Supplementary amendments to Child Poverty Act 2010
153

(c)
such sums,

as the Minister may determine are required by the Commission in
the exercise of its functions.
Payments
9
A Minister of the Crown may pay to or in respect of the members
5
of the Commission such remuneration, allowances and expenses
as the Minister may determine.
Supplementary powers
10
The Commission may do anything that appears to it necessary or
appropriate for the purpose of, or in connection with, the carrying
10
out of its functions.
Status
11
The Commission is not to be regarded—
(a)
as the servant or agent of the Crown, or
(b)
as enjoying any status, privilege or immunity of the
15
Crown.
Sub-committees
12
The Commission may establish sub-committees.
Validity of proceedings
13
The Commission may regulate—
20
(a)
its own procedure (including quorum),
(b)
the procedure of any sub-committee (including quorum).
14
The validity of anything done by the Commission or any sub-
committee is not affected by—
(a)
any vacancy in the membership of the Commission or sub-
25
committee, or
(b)
any defect in the appointment of any member of the
Commission or a sub-committee.
Discharge of functions
15
The Commission may authorise a sub-committee or member to
30
exercise any of the Commission’s functions.”
Part 2
Supplementary amendments to Child Poverty Act 2010
4
The Child Poverty Act 2010 is amended as follows.
5
In section 6 (persistent poverty target), subsection (6)(b) and the preceding
35
“and” are repealed.
6
In section 10 (provision of advice and consultation)—

Welfare Reform Bill
Schedule 13 — Social Mobility and Child Poverty Commission
Part 2 — Supplementary amendments to Child Poverty Act 2010
154

(a)
for the heading, there is substituted “Consultation”;
(b)
subsections (1) to (3) are repealed.
7
In section 13 (advice and consultation: Scotland and Northern Ireland)—
(a)
for the heading, there is substituted “Consultation: Scotland and
Northern Ireland”;
5
(b)
subsections (1) and (2) are repealed.
8     (1)
In the italic heading preceding section 14, for “Reports” there is substituted
“Statement”.
      (2)
Section 14 is repealed.
9     (1)
Section 15 (statement in relation to target year) is amended as follows.
10
      (2)
In subsection (1), for “The report under section 14(3) must include” there is
substituted “The Secretary of State must, as soon as reasonably practicable
after the end of the target year, lay before Parliament”.
      (3)
In subsection (4), for “the report under section 14(3)” there is substituted “the
statement”.
15
      (4)
At the end there is inserted—
“(5)
The Secretary of State must consult the Scottish Ministers, the Welsh
Ministers and the relevant Northern Ireland department before
preparing the statement.”
10
In section 16 (economic and fiscal circumstances), in subsection (1)(b), for the
20
words from “to the Secretary of State” to the end there is substituted “under
section 8A”.
11    (1)
Section 18 (interpretation) is amended as follows.
      (2)
In the definition of “the Commission” in subsection (1), for “Child Poverty
Commission” there is substituted “Social Mobility and Child Poverty
25
Commission”.
      (3)
After the definition of “financial year” in that subsection there is inserted—
““Minister of the Crown” has the same meaning as in the
Ministers of the Crown Act 1975;”.
12
In section 28 (regulations and orders), in subsection (5)(b), after “section”
30
there is inserted “8B(4) or”.
13    (1)
Schedule 2 (continuing effect of targets) is amended as follows.
      (2)
In paragraph 1, in paragraph (a) of the definition of “target statement”, for
“the report required by section 14(3)” there is substituted “the statement
required by section 15”.
35
      (3)
In paragraph 3(d), for “the Secretary of State”, in the first place, there is
substituted “the Commission”.
      (4)
Paragraphs 6(c) and (d) and 7(1)(b) are repealed.

Welfare Reform Bill
Schedule 14 — Repeals
Part 1 — Abolition of benefits superseded by universal credit
155

Part 3
Supplementary amendments to other Acts
14
In Schedule 1 to the Public Records Act 1958 (definition of public records),
in Part 2 of the Table at the end of paragraph 3—
(a)
the entry relating to the Child Poverty Commission is repealed;
5
(b)
at the appropriate place there is inserted—
“Social Mobility and Child Poverty Commission”.
15
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation)—
(a)
the entry relating to the Child Poverty Commission is repealed;
10
(b)
at the appropriate place there is inserted—
“Social Mobility and Child Poverty Commission”.
16    (1)
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified)—
(a)
the entry relating to the Child Poverty Commission is repealed;
15
(b)
at the appropriate place there is inserted—
“The Social Mobility and Child Poverty Commission”.
      (2)
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified)—
(a)
the entry relating to the Child Poverty Commission is repealed;
20
(b)
at the appropriate place there is inserted—
“The Social Mobility and Child Poverty Commission”.
17
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general)—
(a)
the entry relating to the Child Poverty Commission is repealed;
25
(b)
at the appropriate place there is inserted—
“The Social Mobility and Child Poverty Commission”.
Schedule 14
Section 141

Repeals
Part 1
30
Abolition of benefits superseded by universal credit

Short title and chapter
Extent of repeal

Social Work (Scotland) Act 1968
In section 78(2A), the words from “income

(c. 49)
support” to “or family credit”.