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Welfare Reform BillPage 110

(b) a person’s earned and unearned income, and

(c) a person’s earned and unearned income in respect of an assessment
period.

(2) Regulations under sub-paragraph (1)(c) may include provision for the
5calculation to be made by reference to an average over a period, which need
not include the assessment period concerned.

(3) Regulations under sub-paragraph (1) may—

(a) specify circumstances in which a person is to be treated as having or
not having capital or earned or unearned income;

(b) 10specify circumstances in which income is to be treated as capital or
capital as earned income or unearned income;

(c) specify circumstances in which unearned income is to be treated as
earned, or earned income as unearned;

(d) provide that a person’s capital is to be treated as yielding income at
15a prescribed rate;

(e) provide that the capital or income of one member of a couple is to be
treated as that of the other member.

(4) Regulations under sub-paragraph (3)(a) may in particular provide that
persons of a prescribed description are to be treated as having a prescribed
20minimum level of earned income.

(5) In the case of joint claimants the income and capital of the joint claimants
includes (subject to sub-paragraph (6)) the separate income and capital of
each of them.

(6) Regulations may specify circumstances in which capital and income of
25either of joint claimants is to be disregarded in calculating their joint capital
and income.

Responsibility for children etc

(1) Regulations may for any purpose of this Part specify circumstances in which
a person is or is not responsible for a child or qualifying young person.

(2) 30Regulations may for any purpose of this Part make provision about
nominations of the responsible carer for a child (see section 19(6)(b)(ii)).

Vouchers

(1) This paragraph applies in relation to an award of universal credit where the
calculation of the amount of the award includes, by virtue of any provision
35of this Part, an amount in respect of particular costs which a claimant may
incur.

(2) Regulations may provide for liability to pay all or part of the award to be
discharged by means of provision of a voucher.

(3) But the amount paid by means of a voucher may not in any case exceed the
40total of the amounts referred to in sub-paragraph (1) which are included in
the calculation of the amount of the award.

(4) For these purposes a voucher is a means other than cash by which a claimant
may to any extent meet costs referred to in sub-paragraph (1) of a particular
description.

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(5) A voucher may for these purposes—

(a) be limited as regards the person or persons who will accept it;

(b) be valid only for a limited time.

Good reason

7 5Regulations may for any purpose of this Part provide for—

(a) circumstances in which a person is to be treated as having or not
having a good reason for an act or omission;

(b) matters which are or are not to be taken into account in determining
whether a person has a good reason for an act or omission.

Section 31

10SCHEDULE 2 Universal credit: amendments

Children Act 1989 (c. 41)1989 (c. 41)

1 In the Children Act 1989, in the following provisions, after “in receipt” there
is inserted “of universal credit (except in such circumstances as may be
15prescribed),”—

(a) section 17(9) (provision of services to children in need, their families
and others);

(b) section 17A(5)(b) (direct payments);

(c) section 29(3) and (3A) (recoupment of cost of providing services etc);

(d) 20paragraph 21(4) of Schedule 2 (local authority support for children
and families).

Child Support Act 1991 (c. 48)1991 (c. 48)

2 In the Child Support Act 1991, in paragraph 5 of Schedule 1 (maintenance
calculations), as it has effect apart from section 1 of the Child Support,
25Pensions and Social Security Act 2000, in sub-paragraph (4) after “Where”
there is inserted “universal credit (in such circumstances as may be
prescribed),”.

Social Security Administration Act 1992 (c. 5)1992 (c. 5)

3 The Social Security Administration Act 1992 is amended as follows.

4 30In section 1 (entitlement to benefit dependent on claim), in subsection (4),
before paragraph (a) there is inserted—

(za) universal credit;.

5 In section 5 (regulations about claims and payments)—

(a) in subsection (2), before paragraph (a) there is inserted—

(za) 35universal credit;;

(b) in subsection (6), after “in relation to” there is inserted “universal
credit or”.

(1) Section 15A (payment out of benefit of sums in respect of mortgage interest)
is amended as follows.

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(2) In subsection (1)—

(a) in paragraph (a), after “entitled, to” there is inserted “universal
credit,”;

(b) in paragraph (b), after “determining” there is inserted “the maximum
5amount for the purposes of universal credit or”;

(c) in the words after paragraph (b), after “whose” there is inserted
“maximum amount for the purposes of universal credit or”.

(3) In subsection (4)—

(a) in the definition of “qualifying associate”—

(i) 10before “falls” there is inserted “or universal credit”;

(ii) before “as responsible” there is inserted “or Part 1 of the
Welfare Reform Act 2011”;

(b) in the definition of “relevant benefits”, before paragraph (a) there is
inserted—

(za) 15universal credit;.

7 In section 74 (income support and other payments), in subsection (2)(b), after
“by way of” there is inserted “universal credit or”.

8 In section 74A (payments of benefit where maintenance payments collected
by Secretary of State), in subsection (7), after “applies are” there is inserted
20“universal credit,”.

9 In section 78 (recovery of social fund awards), in subsection (6)(d), after
“receiving” there is inserted “universal credit,”.

10 In section 105 (failure to maintain - general), in subsection (1)(b), after
“neglect” there is inserted “universal credit,”.

11 25In section 106 (recovery of expenditure on benefit from person liable for
maintenance), in subsections (1), (2), (3) and (4)(a) and (b), after “income
support” there is inserted “or universal credit”.

12 In section 108 (reduction of expenditure on income support etc), in
subsection (1)(a), after “income support” there is inserted “or universal
30credit”.

13 In section 109 (diversion of arrested earnings - Scotland), in subsection (1),
after “in receipt of”, in both places, there is inserted “universal credit,”.

14 In section 121DA (interpretation of Part 6), in subsection (1), after paragraph
(hi) there is inserted—

(hj) 35Part 1 of the Welfare Reform Act 2011;.

15 In section 122B (supply of other government information for fraud
prevention and verification), in subsection (3)(b) after “Welfare Reform Act
2007” there is inserted “, Part 1 of the Welfare Reform Act 2011”.

(1) Section 122F (supply by rent officers of information relating to housing
40benefit) is amended as follows.

(2) In the heading, for “information relating to housing benefit” there is
substituted “benefit information”.

(3) In subsection (1), for “housing benefit information” there is substituted
“benefit information”.

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(4) In subsection (3)(a) after “relating to” there is inserted “universal credit”.

(5) In subsection (4)—

(a) for “housing benefit information” there is substituted “benefit
information”;

(b) 5after “relating to” there is inserted “universal credit”.

17 In section 124 (age, death and marriage), in subsection (1)—

(a) in paragraph (ac), the final “and” is repealed;

(b) after that paragraph there is inserted—

(ad) of the provisions of Part 1 of the Welfare Reform Act
102011;.

18 In section 125 (regulations as to notification of death), in subsection (1), after
“2007” there is inserted “, Part 1 of the Welfare Reform Act 2011”.

19 In section 126 (information from personal representatives), in subsection (1),
after “receipt of” there is inserted “universal credit”.

20 15In section 130 (duties of employers), in subsection (1), before paragraph (a)
there is inserted—

(za) universal credit;.

21 In section 132 (duties of employers - statutory maternity pay etc), in
subsection (1), before paragraph (a) there is inserted—

(za) 20universal credit;.

22 In section 150 (uprating)—

(a) in subsection (1) at the end there is inserted—

(n) specified in regulations under sections 9 to 12 of the
Welfare Reform Act 2011;;

(b) 25in subsection (7), after “2007” there is inserted “or Part 1 of the
Welfare Reform Act 2011”.

23 After section 159C there is inserted—

159D Effect of alterations affecting universal credit

(1) Subject to such exceptions and conditions as may be prescribed,
30subsection (2) or (3) shall have effect where—

(a) an award of universal credit is in force in favour of any
person (“the recipient”), and

(b) an alteration—

(i) in any element of universal credit,

(ii) 35in the recipient’s benefit income,

(iii) in any amount to be deducted in respect of earned
income under section 8(3)(a) of the Welfare Reform
Act 2011,

(iv) in any component of a contribution-based jobseeker’s
40allowance, or

(v) in any component of a contributory employment and
support allowance, or

(vi) in such other matters as may be prescribed,

affects the computation of the amount of universal credit to
45which he is entitled.

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(2) Where, as a result of the alteration, the amount of universal credit to
which the recipient is entitled is increased or reduced, then, as from
the commencing date, the amount of universal credit payable in the
case of the recipient under the award shall be the increased or
5reduced amount, without any further decision of the Secretary of
State; and the award shall have effect accordingly.

(3) Where, notwithstanding the alteration, the recipient continues on
and after the commencing date to be entitled to the same amount by
way of universal credit as before, the award shall continue in force
10accordingly.

(4) Subsection (5) applies where a statement is made in the House of
Commons by or on behalf of the Secretary of State which specifies—

(a) in relation to any of the items referred to in subsection
(1)(b)(i) to (vi), the amount of the alteration which he
15proposes to make by an order under section 150, 150A or 152
or by or under any other enactment, and

(b) the date on which he proposes to bring the alteration in force
(“the proposed commencing date”).

(5) If, in a case where this subsection applies, an award of universal
20credit is made in favour of a person before the proposed
commencing date and after the date on which the statement is made,
the award—

(a) may provide for the universal credit to be paid as from the
proposed commencing date at a rate determined by reference
25to the amounts of the items referred to in subsection (1)(b)(i)
to (vi) which will be in force on that date, or

(b) may be expressed in terms of the amounts of those items in
force at the date of the award.

(6) In this section—

24 15After section 160B there is inserted—

160C Implementation of increases in universal credit due to attainment of
a particular age

(1) This section applies where—

(a) an award of universal credit is in force in favour of a person
20(“the recipient”), and

(b) an element has become applicable, or applicable at a
particular rate, because he or some other person has reached
a particular age (“the qualifying age”).

(2) If, as a result of the recipient or other person reaching the qualifying
25age, the recipient becomes entitled to an increased amount of
universal credit, the amount payable to or for him under the award
shall, as from the day on which he becomes so entitled, be that
increased amount, without any further decision of the Secretary of
State; and the award shall have effect accordingly.

(3) 30Subsection (2) does not apply where, in consequence of the recipient
or other person reaching the qualifying age, a question arises in
relation to the recipient’s entitlement to—

(a) a benefit under the Contribution and Benefits Act, or

(b) personal independence payment.

(4) 35Subsection (2) does not apply where, in consequence of the recipient
or other person reaching the qualifying age, a question arises in
relation to the recipient’s entitlement to universal credit, other
than—

(a) the question whether the element concerned, or any other
40element, becomes or ceases to be applicable, or applicable at
a particular rate, in the recipient’s case, and

(b) the question whether, in consequence, the amount of his
universal credit falls to be varied.

(5) In this section, “element”, in relation to universal credit, means any
45of the amounts specified in regulations under sections 9 to 12 of the
Welfare Reform Act 2011 which are included in the calculation of an
award of universal credit.

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(1) Section 165 (adjustments between National Insurance Fund and
Consolidated Fund) is amended as follows.

(2) In subsection (1)(a)(iii), after “Act” there is inserted “, universal credit”.

(3) In subsection (6)(a), for “or section 27 of the Welfare Reform Act 2007” there
5is substituted “section 27 of the Welfare Reform Act 2007 or section 142 of the
Welfare Reform Act 2011”.

(1) In section 170 (Social Security Advisory Committee), subsection (5) is
amended as follows.

(2) In the definition of “the relevant enactments”—

(a) 10in paragraph (af), for the words from “sections 68” to “to that Act”
there is substituted “sections 69 and 70 of the Child Support,
Pensions and Social Security Act 2000;”;

(b) after paragraph (aj) there is inserted—

(ak) the provisions of Part 1 of the Welfare Reform Act
152011;.

(3) In the definition of “the relevant Northern Ireland enactments”—

(a) in paragraph (af), for the words from “sections 68” to “to that Act”
there is substituted “sections 69 and 70 of the Child Support,
Pensions and Social Security Act 2000;”;

(b) 20after paragraph (aj) there is inserted—

(ak) any provisions in Northern Ireland which correspond
to the provisions of Part 1 of the Welfare Reform Act
2011;.

(1) Section 179 (reciprocal agreements) is amended as follows.

(2) 25In subsection (3)(a), after “2007” there is inserted “, Part 1 of the Welfare
Reform Act 2011”.

(3) In subsection (4), after paragraph (af) there is inserted—

(ag) to Part 1 of the Welfare Reform Act 2011; and.

(4) In subsection (5), before paragraph (a) there is inserted—

(za) 30universal credit;.

28 In section 180 (payment of travelling expenses), in paragraphs (a) and (b)(i),
after “2007” there is inserted “, Part 1 of the Welfare Reform Act 2011”.

29 In section 182B (information about postal redirection), in subsection (5)(b),
after “1995” there is inserted “, Part 1 of the Welfare Reform Act 2011”.

30 35In section 187 (inalienability), in subsection (1), before paragraph (a) there is
inserted—

(za) universal credit;.

31 In section 191 (interpretation), in the definition of “benefit”, after “includes”
there is inserted “universal credit,”.

40Local Government Finance Act 1992 (c. 14)1992 (c. 14)

32 The Local Government Finance Act 1992 is amended as follows.

(1) Schedule 4 is amended as follows.

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(2) In paragraph 6—

(a) in sub-paragraph (1), after “entitled to” there is inserted “universal
credit”;

(b) in sub-paragraph (2)(b), after “by way of” there is inserted “universal
5credit”.

(3)
In paragraph 12(1)—

(a) after paragraph (a) there is inserted—

(aa) deductions from universal credit may be resorted
to more than once;;

(b) 10in paragraph (d), after “attachment of earnings” there is inserted
“deductions from universal credit”.

34 In Schedule 8, in paragraph 6—

(a) in sub-paragraph (1), after “entitled to” there is inserted “universal
credit”;

(b) 15in sub-paragraph (2)(b), after “by way of” there is inserted “universal
credit”.

Jobseekers Act 1995 (c. 18)1995 (c. 18)

35 In section 2 of the Jobseekers Act 1995, in subsection (3C) (as inserted by
section 12(5) of the Welfare Reform Act 2009), in the definition of “benefit”,
20before paragraph (a) there is inserted—

(za) universal credit,.

Housing Act 1996 (c. 52)1996 (c. 52)

36 In section 122 of the Housing Act 1996 (rent officers), in the heading and in
subsection (1), after “with” there is inserted “universal credit,”.

25Education Act 1996 (c. 56)1996 (c. 56)

37 The Education Act 1996 is amended as follows.

38 In section 457 (charges and remissions policies) in subsection (4)(b), before
sub-paragraph (i) there is inserted—

(ai) in receipt of universal credit in such circumstances as
30may be prescribed for the purposes of this
paragraph,.

39 In section 512ZB (provision of free school lunches and milk: eligibility to
request free milk)—

(a) in subsection (4)(a), before sub-paragraph (i) there is inserted—

(ai) 35in receipt of universal credit in such
circumstances as may be prescribed for the
purposes of this paragraph, or;

(b) in subsection (4)(b), before sub-paragraph (i) there is inserted—

(ai) in receipt of universal credit in such
40circumstances as may be prescribed for the
purposes of this paragraph, or.

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Social Security (Recovery of Benefits) Act 1997 (c. 27)1997 (c. 27)

40 The Social Security (Recovery of Benefits) Act 1997 is amended as follows.

41 In section 29 (general interpretation), in the definition of “benefit”, after
“means” there is inserted “universal credit”.

42 5In the table in Schedule 2 (calculation of compensation payment), in the
section relating to compensation for earnings lost during the relevant
period, at the top of the second column insert “Universal credit”.

Social Security Act 1998 (c. 14)1998 (c. 14)

43 The Social Security Act 1998 (decisions and appeals) is amended as follows.

44 10In section 2 (use of computers), in subsection (2)—

(a) in paragraph (i), the final “or” is repealed;

(b) after paragraph (j) there is inserted—

(k) Part 1 of the Welfare Reform Act 2011;.

45 In section 8 (decisions by Secretary of State)—

(a) 15in subsection (3), after paragraph (a) there is inserted—

(aa) universal credit;;

(b) in subsection (4), for “or Part 1 of the Welfare Reform Act 2007” there
is substituted “, Part 1 of the Welfare Reform Act 2007, Part 1 of the
Welfare Reform Act 2011”.

46 20In section 11 (regulations with respect to decisions), in subsection (3), for
“and Part 1 of the Welfare Reform Act 2007” there is substituted “, Part 1 of
the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2011”.

47 In section 27 (restriction on entitlement in cases of error), in subsection (7),
in the definition of “benefit” for paragraph (f) there is substituted—

(f) 25universal credit.

48 In section 28(3) (correction of errors in decisions etc)—

(a) in paragraph (f), the final “or” is repealed;

(b) after paragraph (g) there is inserted—

(h) Part 1 of the Welfare Reform Act 2011;.

49 30In section 39 (interpretation), in subsection (1), before the definition of
“health care professional” there is inserted—

(1) Schedule 2 (decisions against which no appeal lies) is amended as follows.

(2) 35In paragraph 6(b), at the end there is inserted “or

(v) section 159D(1)(b) of that Act (universal credit).

(3) After paragraph 7 there is inserted—

Increases in universal credit due to attainment of particular ages

7A A decision as to the amount of benefit to which a person is entitled,
40where it appears to the Secretary of State that the amount is
determined by the recipient’s entitlement to an increased amount

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of universal credit in the circumstances referred to in section
160C(2) of the Administration Act.

51 In Schedule 3 (decisions against which an appeal lies), after paragraph 3
there is inserted—

3A

3A 5A decision as to the amount of a relevant benefit that is payable to
a person by virtue of regulations under section 6B, 7, 8 or 9 of the
Social Security Fraud Act 2001.

Immigration and Asylum Act 1999 (c. 33)1999 (c. 33)

52 The Immigration and Asylum Act 1999 is amended as follows.

53 10In section 97 (provision of support: supplemental), in subsection (5)—

(a) before paragraph (a) there is inserted—

(za) to such portion of the maximum amount of an award
of universal credit under section 8(1) of the Welfare
Reform Act 2011, or;

(b) 15in paragraph (b) after “components” there is inserted “or elements”.

54 In section 115(1) (exclusion from benefits of persons subject to immigration
control) after “is entitled” there is inserted “to universal credit under Part 1
of the Welfare Reform Act 2011 or”.

Child Support, Pensions and Social Security Act 2000 (c. 19)2000 (c. 19)

55 20In section 69 of the Child Support, Pensions and Social Security Act 2000, in
subsection (1)(a), after “both” there is inserted “, universal credit”.

Social Security Fraud Act 2001 (c. 11)2001 (c. 11)

56 The Social Security Fraud Act 2001 is amended as follows.

57 In section 6A (definitions), in subsection (1), in the definition of
25“disqualifying benefit”, at the beginning there is inserted—

(1) 30Section 6B (loss of benefit in case of conviction, penalty or caution for benefit
offence) is amended as follows.

(2) In subsection (5), for “(6)” there is substituted “(5A)”.

(3) After subsection (5) there is inserted—

(5A) The Secretary of State may by regulations provide that, where the
35sanctionable benefit is universal credit, the benefit shall be payable,
during the whole or a part of any period comprised in the
disqualification period, as if one or more of the following applied—

(a) the amount payable were reduced in such manner as may be
prescribed;

(b) 40the benefit were payable only if there is compliance by the
offender with such obligations with respect to the provision
of information as may be imposed by the regulations;

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