Welfare Reform Bill

Session 2010 - 12
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Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Part 3 — Other benefit changes
53

67
Determinations
(1)
Section 29(2) of the Social Security Act 1998 (which provides for decisions as to
whether an accident is an industrial accident in the absence of a claim for
benefit) is repealed.
(2)
In section 30 of that Act (effect of decision), in subsection (1), the words from
5
“(given” to “otherwise)” are repealed.
Housing benefit
68
Housing benefit: determination of appropriate maximum
(1)
Section 130A of the Social Security Contributions and Benefits Act 1992
(appropriate maximum housing benefit) is amended as follows.
10
(2)
In subsection (3), for “The regulations may provide” there is substituted “The
provision which may be made by the regulations includes provision”.
(3)
For subsections (5) and (6) there is substituted—
“(5)
The regulations may, for the purpose of determining the AMHB,
provide for the amount of the liability mentioned in section 130(1)(a)
15
above to be taken to be an amount other than the actual amount of that
liability (and, without prejudice to the generality of this subsection,
may provide for it to be taken to be the amount of a rent officer
determination).
(6)
The regulations may, for that purpose, make provision for determining
20
the amount of liability under section 130(1)(a) above which a person is
treated as having by virtue of regulations under section 137(2)(j) below
(and, without prejudice to the generality of this subsection, may
provide for that amount to be the amount of a rent officer
determination).”
25
(4)
In section 176(1) of that Act (Parliamentary control), after paragraph (aa) there
is inserted—
“(ab)
the first regulations made by virtue of section 130A(5) or (6);”.
Social fund
69
Ending of discretionary payments
30
(1)
Section 138(1)(b) of the Social Security Contributions and Benefits Act 1992
(discretionary payments out of social fund) is repealed.
(2)
In consequence of the provision made by subsection (1), the office of the social
fund Commissioner is abolished.
(3)
Payments are to be made out of the social fund into the Consolidated Fund in
35
respect of—
(a)
amounts allocated under section 168 of the Social Security
Administration Act 1992 to the making of such payments as are
mentioned in section 138(1)(b) but which are not so applied in
consequence of subsection (1);
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Welfare Reform Bill
Part 3 — Other benefit changes
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(b)
sums relating to such payments as are mentioned in section 138(1)(b)
that are paid into the social fund under section 164 of the Social Security
Administration Act 1992.
(4)
The payments are to be such as the Secretary of State determines in accordance
with any directions of the Treasury to be appropriate.
5
(5)
Subsection (3) is not to prevent the Secretary of State from re-allocating
amounts allocated under section 168(1) of the Social Security Administration
Act 1992.
(6)
The Secretary of State may by order provide for the transfer of property, rights
and liabilities from the social fund Commissioner.
10
(7)
An order under this section may—
(a)
provide for the transfer of property, rights and liabilities whether or not
they would otherwise be capable of being transferred;
(b)
make such supplementary, incidental, consequential or transitional
provision as the Secretary of State considers appropriate.
15
(8)
An order under this section is to be made by statutory instrument.
(9)
A statutory instrument containing an order under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.
(10)
Schedule 8 contains consequential amendments.
70
Purposes of discretionary payments
20
In section 138 of the Social Security Contributions and Benefits Act 1992
(payments out of the social fund), in subsection (1)(b), for “to meet other needs”
there is substituted “to meet—
(i)
other needs, and
(ii)
in the case of payments by way of budgeting loan, those
25
needs for which provision is made by paragraph (a),”.
71
Determination of amount or value of budgeting loan
(1)
Section 140 of the Social Security Contributions and Benefits Act 1992
(principles of determination) is amended as follows.
(2)
In subsection (4), after paragraph (d) there is inserted—
30
“(da)
that the amount or value of a budgeting loan is not to exceed a
sum specified or determined as specified in the direction;”.
(3)
After subsection (4) there is inserted—
“(4ZA)
A direction under subsection (4)(da) may require the sum to be
determined by applying, or by a method that includes applying, a
35
multiplier specified in the direction in circumstances specified in the
direction to the most recent relevant sum published by the Secretary of
State.
(4ZB)
A relevant sum is a sum determined from time to time by reference to
so much of any relevant allocation under section 168(1) to (4) of the
40
Administration Act as is available for making payments.”

Welfare Reform Bill
Part 3 — Other benefit changes
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72
External provider social loans and community care grants
Sections 16 to 21 of the Welfare Reform Act 2009 (provisions relating to external
provider social loans and community care grants), which have not been
brought into force, are repealed.
State pension credit
5
73
State pension credit: carers
(1)
The State Pension Credit Act 2002 is amended as follows.
(2)
In section 2 (guarantee credit), in subsection (8), for paragraphs (a) and (b)
there is substituted—
“(a)
the claimant has regular and substantial caring responsibilities,
10
or
(b)
the claimant is a member of a couple the other member of which
has such responsibilities,”.
(3)
In section 17 (interpretation), in subsection (1), in the appropriate place there is
inserted—
15
““regular and substantial caring responsibilities” has such
meaning as may be prescribed;”.
74
State pension credit: capital limit
(1)
In section 1 of the State Pension Credit Act 2002 (entitlement), in subsection
(2)—
20
(a)
in paragraph (b), the final “and” is repealed;
(b)
at the end there is inserted “and
(d)
his capital does not exceed a prescribed amount”.
(2)
In section 19 of that Act (regulations and orders), in subsection (2), before
paragraph (a) there is inserted—
25
“(za)
section 1(2)(d),”.
Working tax credit
75
Calculation of working tax credit
(1)
Step 5 in regulation 7(3) of the 2002 Regulations has effect in relation to awards
of working tax credit for the whole or part of the relevant year as if from the
30
beginning of the day on 6 April 2011 the percentage to be applied under step 5
in finding the amount of the reduction were 41% (instead of 39%).
(2)
Anything done by the Commissioners before the coming into force of this
section in relation to awards of working tax credit for the whole or part of the
relevant year is to be treated as having been duly done, if it would have been
35
duly done but for being done on the basis that from the beginning of the day
on 6 April 2011 the percentage to be applied under step 5 was 41%.
(3)
In this section—
“the 2002 Regulations” means the Tax Credits (Income Thresholds and
Determination of Rates) Regulations 2002 (S.I. 2002/2008);
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Welfare Reform Bill
Part 4 — Personal independence payment
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“the Commissioners” means the Commissioners for Her Majesty’s
Revenue and Customs;
“the relevant year” means the year beginning with 6 April 2011.
Part 4
Personal independence payment
5
Personal independence payment
76
Personal independence payment
(1)
An allowance known as personal independence payment is payable in
accordance with this Part.
(2)
A person’s entitlement to personal independence payment may be an
10
entitlement to—
(a)
the daily living component (see section 77);
(b)
the mobility component (see section 78); or
(c)
both those components.
(3)
A person is not entitled to personal independence payment unless the person
15
meets prescribed conditions relating to residence and presence in Great
Britain.
77
Daily living component
(1)
A person is entitled to the daily living component at the standard rate if—
(a)
the person’s ability to carry out daily living activities is limited by the
20
person’s physical or mental condition; and
(b)
the person meets the required period condition.
(2)
A person is entitled to the daily living component at the enhanced rate if—
(a)
the person’s ability to carry out daily living activities is severely limited
by the person’s physical or mental condition; and
25
(b)
the person meets the required period condition.
(3)
In this section, in relation to the daily living component—
(a)
“the standard rate” means such weekly rate as may be prescribed;
(b)
“the enhanced rate” means such weekly rate as may be prescribed.
(4)
In this Part “daily living activities” means such activities as may be prescribed
30
for the purposes of this section.
(5)
See sections 79 and 80 for provision about determining—
(a)
whether the requirements of subsection (1)(a) or (2)(a) above are met;
(b)
whether a person meets “the required period condition” for the
purposes of subsection (1)(b) or (2)(b) above.
35
(6)
This section is subject to the provisions of this Part, or regulations under it,
relating to entitlement to the daily living component (see in particular sections
81 (persons who are terminally ill) and 82 (persons of pensionable age)).