Previous Next

Contents page 1-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-99 100-109 110-119 120-129 130-139 140-148 150-181 Last page

Welfare Reform BillPage 100

(i) is not supplied by, or derived from information supplied to
another person by, the Secretary of State or a person providing
services to the Secretary of State or a person engaged in the
administration of housing benefit, and

(ii) 5is held only for an excepted purpose;

(b) an excepted purpose is a purpose relating to a matter provision for
which is within the legislative competence of the Scottish Parliament.

(10) Subsections (1) to (4) do not apply in a case where the supply or use of
information is authorised by section 128.

(11) 10In this section “qualifying person” means—

(a) a local authority;

(b) a person authorised to exercise any function of such an authority
relating to welfare services;

(c) a person providing services to a local authority relating to welfare
15services;

(d) an authority which administers housing benefit;

(e) a person authorised to exercise any function of such an authority
relating to housing benefit;

(f) a person providing to such an authority services relating to housing
20benefit;

(g) a person prescribed or of a description prescribed by the Secretary of
State.

(12) In this section—

130 Unlawful disclosure of information supplied under section 129

(1) A person to whom subsection (2) applies is guilty of an offence if the person
discloses without lawful authority any information—

(a) 10which comes to the person by virtue of section 129(1), (3) or (4), and

(b) which relates to a particular person.

(2) This subsection applies to—

(a) a person mentioned in section 129(11) (a) to (c);

(b) a person who provides qualifying welfare services (within the meaning
15of section 129);

(c) a person who is or has been a director, member of the committee of
management, manager, secretary or other similar officer of a person
mentioned in paragraph (a) or (b);

(d) a person who is or has been an employee of a person mentioned in
20paragraph (a) or (b).

(3) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding
2 years or a fine or both, or

(b) on summary conviction, to imprisonment for a term not exceeding 12
25months or a fine not exceeding the statutory maximum or both.

(4) It is not an offence under this section—

(a) to disclose information in the form of a summary or collection of
information so framed as not to enable information relating to any
particular person to be ascertained from it;

(b) 30to disclose information which has previously been disclosed to the
public with lawful authority.

(5) It is a defence for a person (“D”) charged with an offence under this section to
prove that at the time of the alleged offence—

(a) D believed that D was making the disclosure in question with lawful
35authority and had no reasonable cause to believe otherwise, or

(b) D believed that the information in question had previously been
disclosed to the public with lawful authority and had no reasonable
cause to believe otherwise.

(6) A disclosure is made with lawful authority if it is so made for the purposes of
40section 123 of the Social Security Administration Act 1992.

(7) This section does not affect that section.

(8) Regulations under section 129(11) (g) may include provision for applying the
provisions of this section to—

(a) a person who is a qualifying person within the meaning of section 129
45by virtue of the regulations, or

Welfare Reform BillPage 102

(b) a person associated with such a qualifying person by reason of the
person’s office or employment or otherwise.

(9) In relation to an offence under this section committed in England and Wales
before the commencement of section 154(1) of the Criminal Justice Act 2003
5(increase in maximum term that may be imposed on summary conviction of
offence triable either way) the reference in subsection (3) (b) to 12 months must
be taken to be a reference to 6 months.

131 Sections 128 to 130: supplementary

(1) In sections 128 and 129—

(2) Any power to make regulations under sections 128 and 129 includes power—

(a) 25to make different provision for different purposes, cases and areas;

(b) to make such incidental, supplemental, consequential, transitional or
saving provision as the Secretary of State thinks necessary or expedient.

(3) Regulations under sections 128 and 129 must be made by statutory instrument.

(4) A statutory instrument containing regulations under section 128 or 129 is
30subject to annulment in pursuance of a resolution of either House of
Parliament.

(5) Until the coming into force of provision for identifying eligible parish councils
within the meaning of Chapter 1 of Part 1 of the Localism Act 2011, the
reference in subsection (1) to an eligible parish council within the meaning of
35that Chapter is to be read as a reference to an eligible parish council within the
meaning of Part 1 of the Local Government Act 2000.

(6) The following are repealed—

(a) sections 42 and 43 of the Welfare Reform Act 2007;

(b) section 69(2)(a) of that Act.

40Information-sharing: miscellaneous

132 Information-sharing for social security or employment purposes etc

(1) Section 72 of the Welfare Reform and Pensions Act 1999 (supply of information
for certain purposes) is amended as follows.

Welfare Reform BillPage 103

(2) In subsection (2)(b), after “designated” there is inserted “(specifically or by
description)”.

(3) The following are repealed—

(a) in subsection (6), the words “(subject to subsection (6A))”;

(b) 5subsection (6A).

(4) In Schedule 1 to the Education and Skills Act 2008, paragraph 74(3) and (4) is
repealed.

Part 6 Miscellaneous

10Tell Us Once

133 Functions of registration service

In the Registration Service Act 1953, after section 19 there is inserted—

19A Functions relating to transmission of information to Secretary of State

(1) The functions of a registrar of births and deaths, a superintendent
15registrar and the Registrar General include the power to—

(a) transmit information entered in a register of births to the
Secretary of State, and

(b) verify such information for the Secretary of State,

for the purposes of the service in subsection (2).

(2) 20That service is a service operated by the Secretary of State by which—

(a) individuals may transmit information about births to the
Secretary of State, and

(b) that information may be transmitted to other persons by the
Secretary of State.

(3) 25References in subsections (1) and (2) to the Secretary of State include
persons providing services to the Secretary of State for the purpose of
the service referred in subsection (2).

(4) This section does not authorise any disclosure which is unlawful—

(a) by virtue of any enactment, or

(b) 30by reason of the law relating to confidentiality or privacy.

Child support maintenance

134 Supporting maintenance agreements

(1) In section 9 of the Child Support Act 1991 (maintenance agreements), after
subsection (2) there is inserted—

(2A) 35The Commission may, with a view to reducing the need for
applications under sections 4 and 7—

(a) take such steps as it considers appropriate to encourage the
making and keeping of maintenance agreements, and

Welfare Reform BillPage 104

(b) before accepting an application under those sections, require
the applicant to take reasonable steps to establish whether it is
possible or appropriate to make such an agreement.

(2) In Schedule 5 to the Child Maintenance and Other Payments Act 2008
5(maintenance calculations: transfer of cases to new rules), in paragraph 3, after
sub-paragraph (2) there is inserted—

(3) The Commission may before accepting an application required by
provision under sub-paragraph (2)(b) require the applicant to take
reasonable steps to establish whether it is possible or appropriate to
10make a maintenance agreement (within the meaning of section 9 of
the Child Support Act 1991).

135 Collection of child support maintenance

(1) The Child Support Act 1991 is amended as follows.

(2) In section 4 (child support maintenance)—

(a) 15in subsection (2), the words from “or” to “made” are repealed;

(b) after subsection (2) there is inserted—

(2A) The Commission may only make arrangements under
subsection (2)(a) if—

(a) the non-resident parent agrees to the arrangements, or

(b) 20the Commission is satisfied that without the
arrangements child support maintenance is unlikely to
be paid in accordance with the calculation.

(3) In section 7 (right of child in Scotland to apply for calculation)—

(a) in subsection (3), for the words from “person with care” to “made or”
25there is substituted “person with care or”;

(b) after subsection (3) there is inserted—

(3A) The Commission may only make arrangements under
subsection (3)(a) if—

(a) the non-resident parent agrees to the arrangements, or

(b) 30the Commission is satisfied that without the
arrangements child support maintenance is unlikely to
be paid in accordance with the calculation.

(4) In section 29 (collection of child support maintenance), in subsection (1) after
“may” there is inserted “(subject to section 4(2A) and 7(3A))”.

136 35Indicative maintenance calculations

After section 9 of the Child Support Act 1991 there is inserted—

9A Maintenance agreements: indicative calculations

(1) A person with care or non-resident parent in relation to any qualifying
child or qualifying children may apply to the Commission for an
40indicative calculation with respect to that child or any of those children.

(2) A qualifying child who has attained the age of 12 years and is
habitually resident in Scotland may apply to the Commission for an
indicative calculation with respect to himself or herself.

Welfare Reform BillPage 105

(3) An indicative calculation is a calculation of the amount of child support
maintenance which the Commission considers would in accordance
with section 11 be fixed by a maintenance calculation if such a
calculation were made with respect to the child or children in question.

(4) 5An indicative calculation does not create any liability on any person to
pay child support maintenance.

(5) The Commission may limit the number of applications it will accept
under this section in any particular case in such manner as it thinks fit.

(6) Where a person who is alleged to be the parent of a child with respect
10to whom an application for an indicative calculation has been made
denies being one of the child’s parents, the Commission shall not make
the indicative calculation on the assumption that the person is one of
the child’s parents unless the case falls within paragraph (b) of Case A3
in section 26(2).

137 15Recovery of child support maintenance by deduction from benefit

In section 43 of the Child Support Act 1991 (as substituted by the Child
Support, Pensions and Social Security Act 2000), for subsections (1) and (2)
there is substituted—

(1) The power of the Secretary of State to make regulations under section 5
20of the Social Security Administration Act 1992 by virtue of subsection
(1)(p) of that section may be exercised with a view to securing the
making of payments in respect of child support maintenance by a non-
resident parent.

(2) The reference in subsection (1) to the making of payments in respect of
25child support maintenance includes the recovery of—

(a) arrears of child support maintenance, and

(b) fees payable under section 6 of the Child Maintenance and
Other Payments Act 2008.

138 Exclusion from individual voluntary arrangements

(1) 30In the Insolvency Act 1986, in section 382 (meaning of “bankruptcy debt” etc),
at the end there is inserted—

(5) Liability under the Child Support Act 1991 to pay child support
maintenance to any person is not a debt or liability for the purposes of
Part 8.

(2) 35In the heading to that section, after “bankruptcy debt” there is substituted “,
“liability””.

Employment and training

139 Use of jobcentres by sex industry

In the Employment and Training Act 1973, after section 2 (duty of Secretary of
40State to make arrangements for assisting persons to find employment etc) there

Welfare Reform BillPage 106

is inserted—

2A Restriction on section 2 arrangements: sex industry

(1) Arrangements made by the Secretary of State under section 2 may not
include arrangements in respect of employment for sexual purposes.

(2) 5For the purposes of this section employment is for sexual purposes if—

(a) it involves the employee engaging in an activity, and

(b) the employee’s activity, or the way in which it is performed,
may reasonably be assumed to be intended solely or principally
to stimulate one or more other persons sexually (by whatever
10means).

(3) The Secretary of State may by order specify exceptions to subsection (1).

(4) A statutory instrument containing an order under subsection (3) is
subject to annulment in pursuance of a resolution of either House of
Parliament.

15Social Mobility and Child Poverty Commission

140 Social Mobility and Child Poverty Commission

Schedule 13 amends the Child Poverty Act 2010 for the purpose of establishing
the Social Mobility and Child Poverty Commission.

Part 7 20Final

141 Repeals

Schedule 14 contains consequential repeals.

142 Financial provision

There shall be paid out of money provided by Parliament—

(a) 25sums paid by the Secretary of State by way of universal credit or
personal independence payment;

(b) any other expenditure incurred in consequence of this Act by a Minister
of the Crown or the Commissioners for Her Majesty’s Revenue and
Customs;

(c) 30any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

143 Extent

(1) This Act extends to England and Wales and Scotland only, subject as follows.

(2) The following provisions extend to England and Wales, Scotland and Northern
35Ireland—

(a) section 32 (power to make consequential and supplementary provision:
universal credit);

(b) section 33 (abolition of benefits);

Welfare Reform BillPage 107

(c) section 75 (calculation of working tax credit);

(d) section 90 (power to make consequential and supplementary provision:
personal independence payment);

(e) section 124(1) to (13) (tax credits: transfer of functions etc);

(f) 5section 125(1) to (9) (information-sharing between Secretary of State
and HMRC);

(g) this Part, excluding Schedule 14 (repeals).

(3) Sections 126 and 127 extend to England and Wales only.

(4) Any amendment or repeal made by this Act has the same extent as the
10enactment to which it relates.

144 Commencement

(1) The following provisions of this Act come into force on the day on which it is
passed—

(a) section 75 (calculation of working tax credit);

(b) 15section 101 and Schedule 12 (supersession of decisions of former
appellate bodies) (but see section 101(2));

(c) section 106 (application of Limitation Act 1980) (but see section 106(4));

(d) section 107 (recovery of fines etc by deductions from employment and
support allowance) (but see section 107(3));

(e) 20section 124 (tax credits: transfer of functions etc);

(f) this Part, excluding Schedule 14 (repeals).

(2) The following provisions of this Act come into force at the end of the period of
two months beginning with the day on which it is passed—

(a) section 50 (dual entitlement to employment and support allowance and
25jobseeker’s allowance);

(b) section 59 and Part 6 of Schedule 14 (claimants dependent on drugs etc);

(c) sections 70 and 71 (social fund: purposes of discretionary payments and
determination of amount or value of budgeting loan);

(d) section 105 (recovery of child benefit and guardian’s allowance);

(e) 30section 109 (time limit for legal proceedings);

(f) section 125 and Part 13 of Schedule 14 (information-sharing between
Secretary of State and HMRC);

(g) section 132 (information-sharing for social security or employment
purposes etc);

(h) 35section 133 (functions of registration service);

(i) section 138 (exclusion of child support maintenance from individual
voluntary arrangements);

(j) section 140 and Schedule 13 (Social Mobility and Child Poverty
Commission);

(k) 40Part 2 of Schedule 14 (entitlement to jobseeker’s allowance without
seeking employment).

(3) The remaining provisions of this Act come into force on such day as the
Secretary of State may by order made by statutory instrument appoint.

(4) An order under subsection (3) may—

(a) 45appoint different days for different purposes;

(b) appoint different days for different areas in relation to—

Welfare Reform BillPage 108

(i) any provision of Part 1 (universal credit) or of Part 1 of Schedule
14;

(ii) section 60 or 61 (entitlement to work: jobseeker’s allowance and
employment and support allowance);

(iii) 5section 100 (consideration of revision before appeal);

(c) make such transitory or transitional provision, or savings, as the
Secretary of State considers necessary or expedient.

145 Short title

This Act may be cited as the Welfare Reform Act 2011.

Welfare Reform BillPage 109

SCHEDULES

Section 30

SCHEDULE 1 Universal credit: supplementary regulation-making powers

Entitlement of joint claimants

1 5Regulations may provide for circumstances in which joint claimants may be
entitled to universal credit without each of them meeting all the basic
conditions referred to in section 4.

Linking periods

2 Regulations may provide for periods of entitlement to universal credit
10which are separated by no more than a prescribed number of days to be
treated as a single period.

Couples

(1) Regulations may provide—

(a) for a claim made by members of a couple jointly to be treated as a
15claim made by one member of the couple as a single person (or as
claims made by both members as single persons);

(b) for claims made by members of a couple as single persons to be
treated as a claim made jointly by the couple.

(2) Regulations may provide—

(a) 20where an award is made to joint claimants who cease to be entitled
to universal credit as such by ceasing to be a couple, for the making
of an award (without a claim) to either or each one of them—

(i) as a single person, or

(ii) jointly with another person;

(b) 25where an award is made to a single claimant who ceases to be
entitled to universal credit as such by becoming a member of a
couple, for the making of an award (without a claim) to the members
of the couple jointly;

(c) for the procedure to be followed, and information or evidence to be
30supplied, in relation to the making of an award under this
paragraph.

Calculation of capital and income

(1) Regulations may for any purpose of this Part provide for the calculation or
estimation of—

(a) 35a person’s capital,

Previous Next

Contents page 1-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-99 100-109 110-119 120-129 130-139 140-148 150-181 Last page