Welfare Reform Bill

Session 2010 - 12
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Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Part 2 — Working-age benefits
Chapter 4 — Miscellaneous
49

61
Entitlement to work: employment and support allowance
(1)
The Welfare Reform Act 2007 is amended as follows.
(2)
In section 1 (employment and support allowance), in subsection (3), before
paragraph (a) there is inserted—
“(za)
is entitled to be in employment in the United Kingdom,”.
5
(3)
In that section, after subsection (3) there is inserted—
“(3A)
For the purposes of subsection (3)(za), a person is entitled to be in
employment in the United Kingdom if, and only if—
(a)
the person does not under the Immigration Act 1971 require
leave to enter or remain in the United Kingdom, or
10
(b)
the person has been granted such leave and—
(i)
the leave is not invalid,
(ii)
the leave has not for any reason ceased to have effect,
and
(iii)
the leave is not subject to a condition preventing the
15
person from accepting any employment.”
(4)
In Schedule 2 (supplementary provisions), after paragraph 4A (as inserted by
section 53 of this Act) there is inserted—
“Entitlement to work in the United Kingdom
4B
Regulations may provide that in prescribed circumstances a person
20
who is not entitled to be in employment in the United Kingdom may
nevertheless be entitled to an employment and support allowance.”
62
Entitlement to work: maternity allowance and statutory payments
(1)
The Social Security Contributions and Benefits Act 1992 is amended as follows.
(2)
In section 35 (state maternity allowance)—
25
(a)
in subsection (1), at the end there is inserted “and
(e)
at the commencement of the week referred to in
paragraph (a) above she was entitled to engage in the
employment referred to in paragraph (b) above.”;
(b)
in subsection (3), before paragraph (a) there is inserted—
30
“(za)
for circumstances in which subsection (1)(e) above does
not apply;”.
(3)
In section 164 (statutory maternity pay)—
(a)
in subsection (2), after paragraph (a) there is inserted—
“(aa)
that at the end of the week immediately preceding that
35
14th week she was entitled to be in that employment;”;
(b)
in subsection (9), after paragraph (d) there is inserted—
“(da)
provide for circumstances in which subsection (2)(aa)
above does not apply;”.
(4)
In section 171ZA (ordinary statutory paternity pay: birth)—
40
(a)
in subsection (2), after paragraph (b) there is inserted—
“(ba)
that at the end of the relevant week he was entitled to be
in that employment;”;

Welfare Reform Bill
Part 2 — Working-age benefits
Chapter 4 — Miscellaneous
50

(b)
after subsection (3) there is inserted—
“(3A)
Regulations may provide for circumstances in which subsection
(2)(ba) above does not apply.”
(5)
In section 171ZB (ordinary statutory paternity pay: adoption)—
(a)
in subsection (2), after paragraph (b) there is inserted—
5
“(ba)
that at the end of the relevant week he was entitled to be
in that employment;”;
(b)
after subsection (3) there is inserted—
“(3A)
Regulations may provide for circumstances in which subsection
(2)(ba) above does not apply.”
10
(6)
In section 171ZEA (additional statutory paternity pay: birth)—
(a)
in subsection (2), after paragraph (b) there is inserted—
“(ba)
that at the end of that prescribed week the claimant was
entitled to be in that employment;”;
(b)
in subsection (3), before paragraph (a) there is inserted—
15
“(za)
exclude the application of the condition mentioned in
paragraph (ba) of subsection (2) in prescribed
circumstances,”.
(7)
In section 171ZEB (additional statutory paternity pay: adoption)—
(a)
in subsection (2), after paragraph (b) there is inserted—
20
“(ba)
that at the end of that prescribed week the claimant was
entitled to be in that employment;”;
(b)
in subsection (3), before paragraph (a) there is inserted—
“(za)
exclude the application of the condition mentioned in
paragraph (ba) of subsection (2) in prescribed
25
circumstances,”.
(8)
In section 171ZL (statutory adoption pay: entitlement)—
(a)
in subsection (2), after paragraph (b) there is inserted—
“(ba)
that at the end of the relevant week he was entitled to be
in that employment;”;
30
(b)
in subsection (3), after “(2)(b)” there is inserted “, (ba)”;
(c)
in subsection (8), before paragraph (a) there is inserted—
“(za)
exclude the application of subsection (2)(ba) above in
prescribed circumstances;”.
(9)
After section 173 there is inserted—
35
“173A
Entitlement to be in employment
(1)
For the purposes of this Act a person is entitled to engage in or to be in
any employment if (and only if)—
(a)
the person does not under the Immigration Act 1971 require
leave to enter or remain in the United Kingdom, or
40
(b)
the person has been granted such leave and—
(i)
the leave is not invalid,
(ii)
the leave has not for any reason ceased to have effect,
and
(iii)
the leave is not subject to a condition preventing the
45
person from accepting that employment.”

Welfare Reform Bill
Part 3 — Other benefit changes
51

(10)
In Schedule 11 (statutory sick pay: circumstances in which periods of
entitlement do not arise)—
(a)
in paragraph 2, at the end there is inserted—
“(i)
the employee is not entitled to be in his employment
on the relevant date.”;
5
(b)
at the end there is inserted—
“9
Paragraph 2(i) above does not apply in prescribed
circumstances.”
Part 3
Other benefit changes
10
Industrial injuries benefit
63
Injuries arising before 5 July 1948
(1)
In Part 5 of the Social Security Contributions and Benefits Act 1992 (industrial
injuries benefit), the following provisions are repealed—
(a)
in section 94(1), the words “after 4th July 1948”;
15
(b)
in section 103(2)(a), the words “after 4th July 1948”;
(c)
in section 108(1), the words “and which developed after 4th July 1948”;
(d)
in section 108(3), the words “but not before 5th July 1948”;
(e)
in section 109(5)(a), the words “after 4th July 1948”;
(f)
in section 109(5)(b) and (6)(a), the words “and developed after 4th July
20
1948”.
(2)
Accordingly, section 111 and Schedule 8 of that Act (which relate to
compensation and benefits in respect of industrial injuries before 5 July 1948)
are repealed.
(3)
The Secretary of State may make regulations—
25
(a)
for, and in relation to, the payment of industrial injuries benefit to
persons to whom, before the commencement of this section,
compensation or benefits were payable under section 111 of, and
Schedule 8 to, the Social Security Contributions and Benefits Act 1992;
(b)
for claims for the payment of such compensation or benefit to be treated
30
as claims for industrial injuries benefit.
(4)
In subsection (3) “industrial injuries benefit” has the meaning given by section
122(1) of the Social Security Contributions and Benefits Act 1992.
(5)
Regulations under this section are to be made by statutory instrument.
(6)
A statutory instrument containing regulations under this section is subject to
35
annulment in pursuance of a resolution of either House of Parliament.
64
Persons under 18
(1)
In Schedule 4 to the Social Security Contributions and Benefits Act 1992 (rates
of benefits), Part 5 (rates of industrial injuries benefit) is amended as follows.
(2)
In entry 1 (which relates to disablement pension (weekly rates)), in the second
40
column (“Rate”)—

Welfare Reform Bill
Part 3 — Other benefit changes
52

(a)
in the opening words, for the words from “in that Table” to the end of
paragraph (b) there is substituted “in column (2) of that Table.”;
(b)
in the Table, column (3) is repealed.
(3)
In entry 4 (which relates to the maximum of aggregate of weekly benefit
payable for successive accidents), in the second column (“Rate”)—
5
(a)
paragraph (a) is repealed, except for the monetary amount specified;
(b)
paragraph (b) is repealed, including the monetary amount specified.
65
Trainees
(1)
After section 95 of the Social Security Contributions and Benefits Act 1992 there
is inserted—
10
“95A
Employment training schemes etc
(1)
In the industrial injuries and diseases provisions any reference to
employed earner’s employment shall be taken to include participation
in an employment training scheme or employment training course of a
prescribed description (and “employed earner” shall be construed
15
accordingly).
(2)
In those provisions, a reference to an employer, in relation to any such
participation, shall be taken to be a prescribed person.
(3)
In this section “industrial injuries and diseases provisions” has the
same meaning as in section 95(4) above.”
20
(2)
In section 11 of the Employment and Training Act 1973 (financial provision), in
subsection (3) (power to make payments in respect of trainees equivalent to
social security benefits payable in respect of employees), for “Parts II to V”
there is substituted “Parts 2 to 4”.
(3)
The Secretary of State may make regulations—
25
(a)
for, and in relation to, the payment of industrial injuries benefit to
persons to whom, before the commencement of this section, payments
were payable under section 11(3) of the Employment and Training Act
1973;
(b)
for claims for such payments to be treated as claims for industrial
30
injuries benefit.
(4)
In subsection (3) “industrial injuries benefit” has the meaning given by section
122(1) of the Social Security Contributions and Benefits Act 1992.
(5)
Regulations under this section are to be made by statutory instrument.
(6)
A statutory instrument containing regulations under this section is subject to
35
annulment in pursuance of a resolution of either House of Parliament.
66
Restriction on new claims for industrial death benefit
In Part 6 of Schedule 7 to the Social Security Contributions and Benefits Act
1992 (industrial death benefit), in paragraph 14, after sub-paragraph (1) there
is inserted—
40
   “(1A)
No claim may be made for industrial death benefit after the coming
into force of this sub-paragraph.”