|
| |
|
Universal credit and other benefits |
| |
| |
(1) | The following benefits are abolished— |
| |
(a) | income-based jobseeker’s allowance under the Jobseekers Act 1995; |
| |
(b) | income-related employment and support allowance under Part 1 of the |
| 5 |
| |
(c) | income support under section 124 of the Social Security Contributions |
| |
| |
(d) | housing benefit under section 130 of that Act; |
| |
(e) | council tax benefit under section 131 of that Act; |
| 10 |
(f) | child tax credit and working tax credit under the Tax Credits Act 2002. |
| |
| |
(a) | “income-based jobseeker’s allowance” has the same meaning as in the |
| |
| |
(b) | “income-related employment and support allowance” means an |
| 15 |
employment and support allowance entitlement to which is based on |
| |
section 1(2)(b) of the Welfare Reform Act 2007. |
| |
(3) | Schedule 3 contains consequential amendments. |
| |
34 | Universal credit and state pension credit |
| |
Schedule 4 provides for a housing element of state pension credit in |
| 20 |
consequence of the abolition of housing benefit by section 33. |
| |
35 | Universal credit and working-age benefits |
| |
Schedule 5 makes further provision relating to universal credit, jobseeker’s |
| |
allowance and employment and support allowance. |
| |
36 | Migration to universal credit |
| 25 |
Schedule 6 contains provision about the replacement of benefits by universal |
| |
| |
| |
37 | Capability for work or work-related activity |
| |
(1) | For the purposes of this Part a claimant has limited capability for work if— |
| 30 |
(a) | the claimant’s capability for work is limited by their physical or mental |
| |
| |
(b) | the limitation is such that it is not reasonable to require the claimant to |
| |
| |
(2) | For the purposes of this Part a claimant has limited capability for work-related |
| 35 |
| |
(a) | the claimant’s capability for work-related activity is limited by their |
| |
physical or mental condition, and |
| |
|
| |
|
| |
|
(b) | the limitation is such that it is not reasonable to require the claimant to |
| |
undertake work-related activity. |
| |
(3) | The question whether a claimant has limited capability for work or work- |
| |
related activity for the purposes of this Part is to be determined in accordance |
| |
| 5 |
(4) | Regulations under this section must, subject as follows, provide for |
| |
determination of that question on the basis of an assessment (or repeated |
| |
assessments) of the claimant. |
| |
(5) | Regulations under this section may for the purposes of an assessment— |
| |
(a) | require a claimant to provide information or evidence (and may require |
| 10 |
it to be provided in a prescribed manner or form); |
| |
(b) | require a claimant to attend and submit to a medical examination at a |
| |
place, date and time determined under the regulations. |
| |
(6) | Regulations under this section may make provision for a claimant to be treated |
| |
as having or not having limited capability for work or work-related activity. |
| 15 |
(7) | Regulations under subsection (6) may provide for a claimant who fails to |
| |
comply with a requirement imposed under subsection (5) without a good |
| |
reason to be treated as not having limited capability for work or work-related |
| |
| |
(8) | Regulations under subsection (6) may provide for a claimant to be treated as |
| 20 |
having limited capability for work until— |
| |
(a) | it has been determined whether or not that is the case, or |
| |
(b) | the claimant is under any other provision of regulations under |
| |
subsection (6) treated as not having it. |
| |
(9) | Regulations under this section may provide for determination of the question |
| 25 |
of whether a claimant has limited capability for work or work-related activity |
| |
even where the claimant is for the time being treated under regulations under |
| |
subsection (6) as having limited capability for work or work-related activity. |
| |
| |
Information supplied under Chapter 2 of this Part or section 37 is to be taken |
| 30 |
for all purposes to be information relating to social security. |
| |
| |
(1) | In this Part “couple” means— |
| |
(a) | a man and woman who are married to each other and are members of |
| |
| 35 |
(b) | a man and woman who are not married to each other but are living |
| |
together as husband and wife; |
| |
(c) | two people of the same sex who are civil partners of each other and are |
| |
members of the same household; |
| |
(d) | two people of the same sex who are not civil partners of each other but |
| 40 |
are living together as civil partners. |
| |
(2) | For the purposes of this section, two people of the same sex are to be treated as |
| |
living together as if they were civil partners if, and only if, they would be |
| |
treated as living together as husband and wife were they of opposite sexes. |
| |
|
| |
|
| |
|
(3) | For the purposes of this section regulations may prescribe— |
| |
(a) | circumstances in which the fact that two persons are husband and wife |
| |
or are civil partners is to be disregarded; |
| |
(b) | circumstances in which a man and a woman are to be treated as living |
| |
together as husband and wife; |
| 5 |
(c) | circumstances in which people are to be treated as being or not being |
| |
members of the same household. |
| |
40 | Interpretation of Part 1 |
| |
| |
“assessment period” has the meaning given by section 7(2); |
| 10 |
“child” means a person under the age of 16; |
| |
“claim” means claim for universal credit; |
| |
“claimant” means a single claimant or each of joint claimants; |
| |
“couple” has the meaning given by section 39; |
| |
“disabled” has such meaning as may be prescribed; |
| 15 |
“joint claimants” means members of a couple who jointly make a claim or |
| |
in relation to whom an award of universal credit is made; |
| |
“limited capability for work” and “limited capability for work-related |
| |
activity” are to be construed in accordance with section 37(1) and (2); |
| |
“prescribed” means specified or provided for in regulations; |
| 20 |
“primary legislation” means an Act, Act of the Scottish Parliament or Act |
| |
or Measure of the National Assembly for Wales; |
| |
“qualifying young person” has the meaning given in section 10(5); |
| |
“regular and substantial caring responsibilities” has such meaning as may |
| |
| 25 |
“responsible carer”, in relation to a child, has the meaning given in section |
| |
| |
“secondary legislation” means an instrument made under primary |
| |
| |
“severely disabled” has such meaning as may be prescribed; |
| 30 |
“single claimant” means a single person who makes a claim for universal |
| |
credit or in relation to whom an award of universal credit is made as a |
| |
| |
“single person” is to be construed in accordance with section 1(2)(a); |
| |
“work” has such meaning as may be prescribed; |
| 35 |
“work availability requirement” has the meaning given by section 18(1); |
| |
“work preparation requirement” has the meaning given by section 16(1); |
| |
“work search requirement” has the meaning given by section 17(1); |
| |
“work-focused interview requirement” has the meaning given by section |
| |
| 40 |
“work-related activity”, in relation to a person, means activity which |
| |
makes it more likely that the person will obtain or remain in work or be |
| |
| |
“work-related requirement” has the meaning given by section 13(2). |
| |
|
| |
|
| |
|
| |
| |
| |
(a) | regulations under this Part, |
| |
(b) | regulations under the Social Security Administration Act 1992 relating |
| 5 |
| |
(c) | regulations under the Social Security Act 1998 relating to universal |
| |
| |
| may be exercised so as to make provision for piloting purposes. |
| |
(2) | In subsection (1), “piloting purposes”, in relation to any provision, means the |
| 10 |
| |
(a) | the extent to which the provision is likely to make universal credit |
| |
simpler to understand or to administer, |
| |
(b) | the extent to which the provision is likely to promote— |
| |
(i) | people remaining in work, or |
| 15 |
(ii) | people obtaining or being able to obtain work (or more work or |
| |
| |
(c) | the extent to which, and how, the provision is likely to affect the |
| |
conduct of claimants or other people in any other way. |
| |
(3) | Regulations made by virtue of this section are in the remainder of this section |
| 20 |
referred to as a “pilot scheme”. |
| |
(4) | A pilot scheme may be limited in its application to— |
| |
| |
(b) | one or more classes of person; |
| |
| 25 |
(i) | by reference to prescribed criteria, or |
| |
(ii) | on a sampling basis. |
| |
(5) | A pilot scheme may not have effect for a period exceeding three years, but— |
| |
(a) | the Secretary of State may by order made by statutory instrument |
| |
provide that the pilot scheme is to continue to have effect after the time |
| 30 |
when it would otherwise expire for a period not exceeding twelve |
| |
months (and may make more than one such order); |
| |
(b) | a pilot scheme may be replaced by a further pilot scheme making the |
| |
same or similar provision. |
| |
(6) | A pilot scheme may include consequential or transitional provision in relation |
| 35 |
| |
| |
(1) | Regulations under this Part are to be made by the Secretary of State, unless |
| |
| |
(2) | A power to make regulations under this Part may be exercised— |
| 40 |
(a) | so as to make different provision for different cases or purposes; |
| |
(b) | in relation to all or only some of the cases or purposes for which it may |
| |
| |
|
| |
|
| |
|
(3) | Such a power includes— |
| |
(a) | power to make incidental, supplementary, consequential or |
| |
transitional provision or savings; |
| |
(b) | power to provide for a person to exercise a discretion in dealing with |
| |
| 5 |
(4) | Each power conferred by this Part is without prejudice to the others. |
| |
(5) | Where regulations under this Part provide for an amount, the amount may be |
| |
| |
(6) | Where regulations under this Part provide for an amount for the purposes of |
| |
an award (or a reduction from an award), the amount may be different in |
| 10 |
relation to different descriptions of person, and in particular may depend on— |
| |
(a) | whether the person is a single person or a member of a couple; |
| |
(b) | the age of the person. |
| |
(7) | Regulations under section 11(4) or 12(3) which provide for the determination |
| |
or calculation of an amount may make different provision for different areas. |
| 15 |
43 | Regulations: procedure |
| |
(1) | Regulations made under this Part by the Secretary of State or the Welsh |
| |
Ministers are to be made by statutory instrument. |
| |
(2) | A statutory instrument containing regulations made by the Secretary of State |
| |
under this Part is subject to the negative resolution procedure, subject as |
| 20 |
| |
(3) | A statutory instrument containing the first regulations made by the Secretary |
| |
of State under any of the following, alone or with other regulations, is subject |
| |
to the affirmative resolution procedure— |
| |
(a) | section 4(7) (acceptance of claimant commitment); |
| 25 |
(b) | section 5(1)(a) and (2)(a) (capital limits); |
| |
(c) | section 8(3) (income to be deducted in award calculation); |
| |
(d) | section 9(2) and (3) (standard allowance); |
| |
(e) | section 10(3) and (4) (children and young persons element); |
| |
(f) | section 11 (housing costs element); |
| 30 |
(g) | section 12 (other needs and circumstances element); |
| |
(h) | section 18(3) and (5) (work availability requirement); |
| |
(i) | section 19(2)(d) (claimants subject to no work-related requirements); |
| |
(j) | sections 26 and 27 (sanctions); |
| |
(k) | section 28 (hardship payments); |
| 35 |
(l) | paragraph 4 of Schedule 1 (calculation of capital and income); |
| |
(m) | paragraph 1(1) of Schedule 6 (migration), where making provision |
| |
under paragraphs 4, 5 and 6 of that Schedule. |
| |
(4) | A statutory instrument containing regulations made by the Secretary of State |
| |
by virtue of section 41 (pilot schemes), alone or with other regulations, is |
| 40 |
subject to the affirmative resolution procedure. |
| |
(5) | A statutory instrument containing regulations made by the Secretary of State |
| |
under this Part is subject to the affirmative resolution procedure if— |
| |
(a) | it also contains regulations under another enactment, and |
| |
|
| |
|
| |
|
(b) | an instrument containing those regulations would apart from this |
| |
section be subject to the affirmative resolution procedure. |
| |
(6) | For the purposes of subsections (2) to (5)— |
| |
(a) | a statutory instrument subject to the “negative resolution procedure” is |
| |
subject to annulment in pursuance of a resolution of either House of |
| 5 |
| |
(b) | a statutory instrument subject to the “affirmative resolution procedure” |
| |
may not be made unless a draft of the instrument has been laid before, |
| |
and approved by resolution of, each House of Parliament. |
| |
(7) | A statutory instrument containing regulations made by the Welsh Ministers |
| 10 |
under section 32 may not be made unless a draft of the instrument has been laid |
| |
before, and approved by resolution of, the National Assembly for Wales. |
| |
(8) | Regulations made by the Scottish Ministers under section 32 are subject to— |
| |
(a) | the affirmative procedure, if they contain provision amending or |
| |
repealing primary legislation, and |
| 15 |
(b) | the negative procedure, in any other case. |
| |
| |
| |
| |
| 20 |
Claimant responsibilities for interim period |
| |
44 | Claimant commitment for jobseeker’s allowance |
| |
(1) | The Jobseekers Act 1995 is amended as follows. |
| |
(2) | In section 1 (the jobseeker’s allowance), in subsection (2)(b) for “entered into a |
| |
jobseeker’s agreement which remains in force” there is substituted “accepted a |
| 25 |
| |
(3) | For section 9 (the jobseeker’s agreement) there is substituted— |
| |
| |
(1) | For the purposes of this Act a “claimant commitment” is a record of a |
| |
claimant’s responsibilities in relation to an award of a jobseeker’s |
| 30 |
| |
(2) | A claimant commitment shall— |
| |
(a) | be prepared by an employment officer, |
| |
(b) | be in such form as the Secretary of State thinks fit, |
| |
(c) | include any prescribed information, and |
| 35 |
(d) | include any other information an employment officer or the |
| |
Secretary of State considers it appropriate to include. |
| |
(3) | Information included in a claimant commitment under subsection |
| |
| |
|
| |
|
| |
|
(a) | information in respect of the conditions mentioned in section |
| |
| |
(b) | details of any requirement imposed on the claimant by virtue of |
| |
regulations under section 8 or 17A, or under a jobseeker’s |
| |
| 5 |
(c) | details of any consequences of a failure to comply with such a |
| |
| |
(4) | A claimant shall not be invited to accept a claimant commitment by an |
| |
employment officer unless, in the opinion of the employment officer, |
| |
the conditions mentioned in section 1(2)(a) and (c) would be satisfied |
| 10 |
with respect to the claimant if he were to act in accordance with, or be |
| |
treated as acting in accordance with, the proposed claimant |
| |
| |
(5) | The employment officer may, and if asked to do so by the claimant shall |
| |
forthwith, refer a proposed claimant commitment to the Secretary of |
| 15 |
State for him to determine— |
| |
(a) | whether, if the claimant were to act in accordance with the |
| |
proposed claimant commitment, he would satisfy— |
| |
(i) | the condition mentioned in section 1(2)(a), or |
| |
(ii) | the condition mentioned in section 1(2)(c), and |
| 20 |
(b) | whether it is reasonable to expect the claimant to have to act in |
| |
accordance with the proposed claimant commitment. |
| |
(6) | A reference under subsection (5) may only relate to information |
| |
included in the proposed claimant commitment under subsection |
| |
| 25 |
(7) | On a reference under subsection (5) the Secretary of State— |
| |
(a) | shall, so far as practicable, dispose of it in accordance with this |
| |
section before the end of the period of 14 days from the date of |
| |
| |
(b) | may give such directions, with respect to the terms of the |
| 30 |
proposed claimant commitment, as the Secretary of State |
| |
| |
(c) | may direct that, if such conditions as he considers appropriate |
| |
are satisfied, the proposed claimant commitment is to be treated |
| |
(if accepted) as having been accepted by the claimant on such |
| 35 |
date as may be specified in the direction. |
| |
(8) | Regulations may provide— |
| |
(a) | for such matters as may be prescribed to be taken into account |
| |
by the Secretary of State in giving a direction under subsection |
| |
| 40 |
(b) | for such persons as may be prescribed to be notified of— |
| |
(i) | any determination of the Secretary of State under this |
| |
| |
(ii) | any direction given by the Secretary of State under this |
| |
| 45 |
(9) | Regulations may provide that, in prescribed circumstances, a claimant |
| |
is to be treated as having satisfied the condition mentioned in section |
| |
| |
|
| |
|