Welfare Reform Bill

Session 2010 - 12
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Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Part 5 — Social security: general
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(i)
provision applying (with or without modifications) in relation
to tax credits any provision of primary or secondary legislation
relating to social security;
(ii)
provision combining or linking any aspect of the payment and
management of tax credits with any aspect of the
5
administration of social security;
(iii)
provision about the use or supply of information held for
purposes connected with tax credits, including (in particular)
provision authorising or requiring its use or supply for other
purposes;
10
(iv)
in relation to information held for purposes not connected with
tax credits, provision authorising or requiring its use or supply
for purposes connected with tax credits.
(4)
An Order may make provision under subsection (3)(b) only if—
(a)
the Order also makes provision under subsection (1), or
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(b)
a previous Order has made provision under subsection (1).
(5)
Provision within subsection (3)—
(a)
may confer functions on, or remove functions from, the Secretary of
State, the Treasury, the Commissioners, a Northern Ireland department
or any other person;
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(b)
may (in particular) authorise the Secretary of State and the
Commissioners to enter into arrangements from time to time under
which the Commissioners are to provide services to the Secretary of
State in connection with tax credits.
(6)
Provision within subsection (3)—
25
(a)
may expand the scope of the conduct which constitutes an offence
under any primary or secondary legislation, but may not increase the
scope of any punishment for which a person may be liable on
conviction for the offence;
(b)
may expand the scope of the conduct in respect of which a civil penalty
30
may be imposed under any primary or secondary legislation, but may
not increase the maximum amount of the penalty.
(7)
An Order under this section may include such consequential, supplementary,
incidental or transitional provision as Her Majesty considers appropriate
including (for example)—
35
(a)
provision for transferring or apportioning property, rights or liabilities
(whether or not they would otherwise be capable of being transferred
or apportioned);
(b)
provision for substituting any person for any other person in any
instrument or other document or in any legal proceedings;
40
(c)
provision with respect to the application in relation to the Crown of
provision made by the Order.
(8)
A certificate issued by the Secretary of State that any property, rights or
liabilities set out in the certificate have been transferred or apportioned by an
Order under this section as set out in the certificate is conclusive evidence of
45
the matters so set out.
(9)
An Order under this section may amend, repeal or revoke any primary or
secondary legislation.

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(10)
A statutory instrument containing an Order under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.
(11)
In this section references to tax credits are to child tax credit or working tax
credit or both.
(12)
In this section references to primary or secondary legislation are to such
5
legislation whenever passed or made.
(13)
In this section—
“the Commissioners” means the Commissioners for Her Majesty’s
Revenue and Customs;
“primary legislation” means an Act (including this Act) or Northern
10
Ireland legislation;
“secondary legislation” means an instrument made under primary
legislation (including an Order under this section);
“tax credit functions” means functions so far as relating to tax credits
conferred by or under any primary or secondary legislation.
15
(14)
In section 5A(3) of the Ministers of the Crown Act 1975 for “section 5(1)” there
is substituted “section 5(1)(a) or (b)”.
Information-sharing: Secretary of State and HMRC
125
Information-sharing between Secretary of State and HMRC
(1)
This subsection applies to information which is held for the purposes of any
20
HMRC functions—
(a)
by the Commissioners for Her Majesty’s Revenue and Customs, or
(b)
by a person providing services to them.
(2)
Information to which subsection (1) applies may be supplied—
(a)
to the Secretary of State, or to a person providing services to the
25
Secretary of State, or
(b)
to a Northern Ireland Department, or to a person providing services to
a Northern Ireland Department,

for use for the purposes of departmental functions.
(3)
This subsection applies to information which is held for the purposes of any
30
departmental functions—
(a)
by the Secretary of State, or by a person providing services to the
Secretary of State, or
(b)
by a Northern Ireland Department, or by a person providing services to
a Northern Ireland Department.
35
(4)
Information to which subsection (3) applies may be supplied—
(a)
to the Commissioners for Her Majesty’s Revenue and Customs, or
(b)
to a person providing services to them,

for use for the purposes of HMRC functions.
(5)
Information supplied under this section must not be supplied by the recipient
40
of the information to any other person or body without—
(a)
the authority of the Commissioners for Her Majesty’s Revenue and
Customs, in the case of information supplied under subsection (2);

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(b)
the authority of the Secretary of State, in the case of information held as
mentioned in subsection (3)(a) and supplied under subsection (4);
(c)
the authority of the relevant Northern Ireland Department, in the case
of information held as mentioned in subsection (3)(b) and supplied
under subsection (4).
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(6)
Where information supplied under this section has been used for the purposes
for which it was supplied, it is lawful for it to be used for any purposes for
which information held for those purposes could be used.
(7)
In this section—
“departmental functions” means functions relating to—
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(a)
social security,
(b)
employment or training, or
(c)
the investigation or prosecution of offences relating to tax
credits;
“HMRC function” means any function—
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(a)
for which the Commissioners for Her Majesty’s Revenue and
Customs are responsible by virtue of section 5 of the
Commissioners for Revenue and Customs Act 2005, or
(b)
which relates to a matter listed in Schedule 1 to that Act;
“Northern Ireland Department” means any of the following—
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(a)
the Department for Social Development;
(b)
the Department of Finance and Personnel;
(c)
the Department for Employment and Learning.
(8)
For the purposes of this section any reference to functions relating to social
security includes a reference to functions relating to—
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(a)
statutory payments as defined in section 4C(11) of the Social Security
Contributions and Benefits Act 1992;
(b)
maternity allowance under section 35 of that Act;
(c)
statutory payments as defined in section 4C(11) of the Social Security
Contributions and Benefits (Northern Ireland) Act 1992;
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(d)
maternity allowance under section 35 of that Act.
(9)
This section does not limit the circumstances in which information may be
supplied apart from this section.
(10)
In section 3 of the Social Security Act 1998 (use of information), in subsection
(1A) after paragraph (d) there is inserted—
35
“(e)
the investigation or prosecution of offences relating to tax
credits.”
Information-sharing: Secretary of State and DPP
126
Information-sharing between Secretary of State and DPP
(1)
The Secretary of State may supply social security information to a person
40
specified in subsection (2) for use for a purpose specified in subsection (3).
(2)
The persons referred to in subsection (1) are—
(a)
the Director of Public Prosecutions;

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(b)
a person appointed under section 5 of the Prosecution of Offences Act
1985 (conduct of prosecutions on behalf of Crown Prosecution Service).
(3)
The purposes referred to in subsection (1) are—
(a)
the institution or conduct of criminal proceedings which relate wholly
or partly to social security matters;
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(b)
the giving of advice to any person on any matter relating to criminal
proceedings, or criminal offences, which relate wholly or partly to
social security matters;
(c)
the exercise in relation to social security matters of functions assigned
to the Director of Public Prosecutions under section 3(2)(g) of the
10
Prosecution of Offences Act 1985;
(d)
the exercise of functions of the Director of Public Prosecutions under
Part 2, 5 or 8 of the Proceeds of Crime Act 2002.
(4)
The reference in subsection (1) to the Secretary of State includes a person
providing services to the Secretary of State.
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(5)
This section does not limit the circumstances in which information may be
supplied apart from this section.
(6)
In this section—
“social security information” means information held for the purposes of
any of the Secretary of State’s functions relating to social security
20
matters;
“social security matters” means—
(a)
social security (including the payments and allowances referred
to in section 125(8)),
(b)
tax credits, and
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(c)
schemes and arrangements under section 2 of the Employment
and Training Act 1973.
127
Unlawful disclosure of information supplied under section 126
(1)
A person to whom information is supplied under section 126, or an employee
or former employee of such a person, may not disclose the information if it
30
relates to a particular person.
(2)
Subsection (1) does not apply to—
(a)
a disclosure of a summary or collection of information so framed as not
to enable information relating to any particular person to be
ascertained from it;
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(b)
a disclosure made for the purposes of a function of the Director of
Public Prosecutions, where the disclosure does not contravene any
restriction imposed by the Director;
(c)
a disclosure made to the Secretary of State, or a person providing
services to the Secretary of State, for the purposes of the exercise of
40
functions relating to social security matters (within the meaning of
section 126);
(d)
a disclosure made for the purposes of a criminal investigation or
criminal proceedings (whether or not in the United Kingdom);
(e)
a disclosure made for the purposes of—
45
(i)
the exercise of any functions of the prosecutor under Parts 2, 3
and 4 of the Proceeds of Crime Act 2002;

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(ii)
the exercise of any functions of the Serious Organised Crime
Agency under that Act;
(iii)
the exercise of any functions of the Director of the Serious Fraud
Office, the Director of Public Prosecutions for Northern Ireland
or the Scottish Ministers under, or in relation to, Part 5 or 8 of
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that Act;
(iv)
investigations or proceedings outside the United Kingdom
which have led or may lead to the making of an external order
within the meaning of section 447 of that Act;
(f)
a disclosure made to a person exercising public functions of law
10
enforcement for the purposes of the exercise of those functions in civil
proceedings;
(g)
a disclosure which in the opinion of the Director of Public Prosecutions
is desirable for the purpose of safeguarding national security;
(h)
a disclosure made in pursuance of an order of a court;
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(i)
a disclosure made with the consent of each person to whom the
information relates.
(3)
Subsection (1) does not apply in relation to information relating to schemes and
arrangements under section 2 of the Employment and Training Act 1973.
(4)
Subsection (1) is subject to any other Act or to an instrument made under an
20
Act.
(5)
A person who contravenes subsection (1) commits an offence.
(6)
It is a defence for a person charged with an offence under this section of
disclosing information to prove that he or she reasonably believed—
(a)
that the disclosure was lawful, or
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(b)
that the information had already and lawfully been made available to
the public.
(7)
A person guilty of an offence under this section is liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
two years or a fine or both, or
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(b)
on summary conviction, to imprisonment for a term not exceeding
twelve months or a fine not exceeding the statutory maximum or both.
(8)
A prosecution for an offence under this section may be instituted only with the
consent of the Director of Public Prosecutions.
(9)
In relation to an offence under this section committed before the
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commencement of section 154(1) of the Criminal Justice Act 2003 (increase in
maximum term that may be imposed on summary conviction of offence triable
either way), the reference in subsection (7)(b) to twelve months shall have
effect as if it were a reference to six months.
Information-sharing involving local authorities etc
40
128
Information-sharing in relation to provision of overnight care etc
(1)
This section applies where a local authority holds information falling within
subsection (2) in relation to a person who is receiving or is likely to receive a
relevant service.

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(2)
The information referred to in subsection (1) is—
(a)
information as to the fact of the provision or likely provision of the
service;
(b)
information about when the provision of the service begins or ends or
is likely to do so;
5
(c)
other prescribed information relating to the service provided and how
it is funded (including the extent to which it is funded by the recipient).
(3)
In this section “relevant service” means—
(a)
a service consisting of overnight care in the individual’s own home
provided by or on behalf of a local authority;
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(b)
a residential care service provided by or on behalf of a local authority;
(c)
a service consisting of overnight hospital accommodation.
(4)
In subsection (3)(c) “hospital accommodation” means—
(a)
in relation to England, hospital accommodation within the meaning of
the National Health Service Act 2006 which is provided by a Primary
15
Care Trust, an NHS trust or an NHS foundation trust;
(b)
in relation to Wales, hospital accommodation within the meaning of the
National Health Service (Wales) Act 2006 which is provided by a Local
Health Board or an NHS trust;
(c)
in relation to Scotland, hospital accommodation within the meaning of
20
the National Health Service (Scotland) Act 1978 which is provided by a
Health Board or Special Health Board but excluding accommodation in
an institution for providing dental treatment maintained in connection
with a dental school.
(5)
The local authority may—
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(a)
itself use the information for purposes relating to the payment of a
relevant benefit to the individual, or
(b)
supply the information to a person specified in subsection (6) for those
purposes.
(6)
The persons referred to in subsection (5) are—
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(a)
the Secretary of State;
(b)
a person providing services to the Secretary of State;
(c)
a local authority;
(d)
a person authorised to exercise any function of a local authority relating
to a relevant benefit;
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(e)
a person providing services relating to a relevant benefit to a local
authority.
(7)
In this section “relevant benefit” means—
(a)
universal credit;
(b)
housing benefit;
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(c)
council tax benefit;
(d)
any prescribed benefit.
(8)
Regulations under subsection (7) may not prescribe a benefit provision for
which is within the legislative competence of the Scottish Parliament.