Welfare Reform Bill (HL Bill 124)

(6) The persons referred to in subsection (5) are—

(a) the Secretary of State;

(b) a person providing services to the Secretary of State;

(c) a local authority;

(d) 5a person authorised to exercise any function of a local authority relating
to a relevant benefit;

(e) a person providing services relating to a relevant benefit to a local
authority.

(7) In this section “relevant benefit” means—

(a) 10universal credit;

(b) housing benefit;

(c) council tax benefit;

(d) any prescribed benefit.

(8) Regulations under subsection (7) may not prescribe a benefit provision for
15which is within the legislative competence of the Scottish Parliament.

132 Information-sharing in relation to welfare services etc

(1) The Secretary of State, or a person providing services to the Secretary of State,
may supply relevant information to a qualifying person for prescribed
purposes relating to welfare services or council tax.

(2) 20A qualifying person who holds relevant information for a prescribed purpose
relating to welfare services may supply that information to—

(a) the Secretary of State, or

(b) a person providing services to the Secretary of State,

for a prescribed purpose relating to a relevant social security benefit.

(3) 25A qualifying person who holds relevant information for a prescribed purpose
relating to welfare services, council tax or housing benefit may—

(a) use the information for another prescribed purpose relating to welfare
services, council tax or housing benefit;

(b) supply it to another qualifying person for use in relation to the same or
30another prescribed purpose relating to welfare services, council tax or
housing benefit.

(4) Relevant information supplied under subsection (1) or (3) to a qualifying
person may be supplied by that person to a person who provides qualifying
welfare services for purposes connected with the provision of those services.

(5) 35In subsection (4) services are qualifying welfare services if—

(a) a local authority, or

(b) a person who is a qualifying person by virtue of subsection (11)(g),

contributes or will contribute to the expenditure incurred in their provision.

(6) The Secretary of State may not exercise the power in subsection (3) to prescribe
40purposes for which information may be supplied by a qualifying person so as
to prescribe an excepted purpose in relation to excepted information held by a
Welsh body.

(7) In subsection (6)—

(a) excepted information is information held by the Welsh body that—

(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—

(i) is within the legislative competence of the National Assembly
for Wales, or

(ii) 10is made by the Welsh Ministers, the First Minister for Wales or
the Counsel General to the Welsh Assembly Government.

(8) The Secretary of State may not exercise the power in subsection (3) to prescribe
purposes for which information may be supplied by a qualifying person so as
to prescribe an excepted purpose in relation to excepted information held by a
15Scottish body.

(9) In subsection (8)—

(a) excepted information is information held by the Scottish body that—

(i) is not supplied by, or derived from information supplied to
another person by, the Secretary of State or a person providing
20services to the Secretary of State or a person engaged in the
administration of housing benefit, and

(ii) is 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) 25Subsections (1) to (4) do not apply in a case where the supply or use of
information is authorised by section 131.

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

(a) a local authority;

(b) a person authorised to exercise any function of such an authority
30relating to welfare services or council tax;

(c) a person providing services to a local authority relating to welfare
services or council tax;

(d) an authority which administers housing benefit;

(e) a person authorised to exercise any function of such an authority
35relating to housing benefit;

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

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

(12) 40In this section—

• “council tax” includes any local tax to fund local authority expenditure;

• “person engaged in the administration of housing benefit” means—

  (a)

  an authority which administers housing benefit,

  (b)

  a person authorised to exercise any function of such an
  45authority relating to housing benefit, or

  (c)

  a person providing to such an authority services relating to
  housing benefit;

• “relevant information” means information relating to—

  Welfare Reform BillPage 102

  (a)

  any relevant social security benefit, or

  (b)

  welfare services;

• “relevant social security benefit” has the meaning given in section
  121DA(7) of the Social Security Administration Act 1992;

• 5“Scottish body” means—

  (a)

  a local authority in Scotland,

  (b)

  a person authorised to exercise any function of such an
  authority relating to welfare services,

  (c)

  a person providing to a local authority in Scotland services
  10relating to welfare services, or

  (d)

  a person prescribed or of a description prescribed by the
  Secretary of State;

• “welfare services” includes services which provide accommodation,
  support, assistance, advice or counselling to individuals with particular
  15needs, and for these purposes “assistance” includes assistance by
  means of a grant or loan or the provision of goods or services;

• “Welsh body” means—

  (a)

  a local authority in Wales,

  (b)

  a person authorised to exercise any function of such an
  20authority relating to welfare services,

  (c)

  a person providing to a local authority in Wales services
  relating to welfare services, or

  (d)

  a person prescribed or of a description prescribed by the
  Secretary of State.

133 25Unlawful disclosure of information supplied under section 132

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

(a) which comes to the person by virtue of section 132(1), (3) or (4), and

(b) which relates to a particular person.

(2) 30This subsection applies to—

(a) a person mentioned in section 132(11)(a) to (c);

(b) a person who provides qualifying welfare services (within the meaning
of section 132);

(c) a person who is or has been a director, member of the committee of
35management, 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
paragraph (a) or (b).

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

(a) 40on 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
months or a fine not exceeding the statutory maximum or both.

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

(a) 45to 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) to 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) 5D believed that D was making the disclosure in question with lawful
authority 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) 10A disclosure is made with lawful authority if it is so made for the purposes of
section 123 of the Social Security Administration Act 1992.

(7) This section does not affect that section.

(8) Regulations under section 132(11)(g) may include provision for applying the
provisions of this section to—

(a) 15a person who is a qualifying person within the meaning of section 132
by virtue of the regulations, or

(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
20before the 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 (3)(b) to 12 months must
be taken to be a reference to 6 months.

134 Sections 131 to 133: supplementary

(1) 25In sections 131 and 132—

• “benefit” includes any allowance, payment, credit or loan;

• “local authority” means—

  (a)

  a county or district council in England;

  (b)

  an eligible parish council (within the meaning of Chapter 1 of
  30Part 1 of the Localism Act 2011);

  (c)

  a London borough council;

  (d)

  the Common Council of the City of London in its capacity as a
  local authority;

  (e)

  the Council of the Isles of Scilly;

  (f)

  35a county or county borough council in Wales;

  (g)

  a council constituted under section 2 of the Local Government
  etc. (Scotland) Act 1994;

• “prescribed” means prescribed in regulations made by the Secretary of
  State.

(2) 40Any power to make regulations under sections 131 and 132 includes power—

(a) to 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 131 and 132 must be made by statutory instrument.

(4) A statutory instrument containing regulations under section 131 or 132 is
subject 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
5within 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
that 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) 10sections 42 and 43 of the Welfare Reform Act 2007;

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

Information-sharing: miscellaneous

135 Information-sharing for social security or employment purposes etc

(1) Section 72 of the Welfare Reform and Pensions Act 1999 (supply of information
15for certain purposes) is amended as follows.

(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) 20subsection (6A).

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

Part 6 Miscellaneous

25Tell Us Once

136 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
30registrar and the Registrar General include the power to—

(a) transmit information contained in a declaration made under
section 9(1) of the Births and Deaths Registration Act 1953 or
entered in a register of births to the Secretary of State, and

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

35for the purposes of the service in subsection (2).

(2) That 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) References in subsections (1) and (2) to the Secretary of State include
persons providing services to the Secretary of State for the purpose of
5the service referred in subsection (2).

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

(a) by virtue of any enactment, or

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

Child support maintenance

137 10Supporting maintenance agreements

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

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

(a) 15take such steps as it considers appropriate to encourage the
making and keeping of maintenance agreements, and

(b) in particular, before accepting an application under those
sections, invite the applicant to consider with the Commission
whether it is possible to make such an agreement.”

(2) 20In Schedule 5 to the Child Maintenance and Other Payments Act 2008
(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) invite the applicant to
25consider with the Commission whether it is possible to make a
maintenance agreement (within the meaning of section 9 of the Child
Support Act 1991).”

(3) In section 6 of the Child Maintenance and Other Payments Act 2008 (provision
to allow charging of fees by the Commission), after subsection (2) there is
30inserted—

“(2A) Nothing in regulations under subsection (1) shall impose a liability on
a parent with care for the payment of fees to the Commission where
that parent has taken reasonable steps to establish whether it is possible
or appropriate to make a maintenance agreement (within the meaning
35of section 9 of the Child Support Act 1991), and where, having taken
such reasonable steps, it is either not possible or not appropriate for the
parent with care to do so.”

138 Collection of child support maintenance

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

(2) 40In section 4 (child support maintenance)—

(a) in 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) 5the 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”
10there 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) 15the 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))”.

139 20Indicative 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
25indicative 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.

(3) An indicative calculation is a calculation of the amount of child support
30maintenance 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) An indicative calculation does not create any liability on any person to
pay child support maintenance.

(5) 35The 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
to whom an application for an indicative calculation has been made
denies being one of the child’s parents, the Commission shall not make
40the 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).”

140 Recovery 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) 5The power of the Secretary of State to make regulations under section 5
of 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) 10The reference in subsection (1) to the making of payments in respect of
child 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.”

141 15Review of fees regulations

In section 6 of the Child Maintenance and Other Payments Act 2008 (fees), after
subsection (3) there is inserted—

“(3A) The Secretary of State must review the effect of the first regulations
made under subsection (1).

(3B) 20The review must take place before the end of the period of 30 months
beginning with the day on which those regulations come into force.

(3C) After the review, the Secretary of State must make and publish a report
containing—

(a) the conclusions of the review, and

(b) 25a statement as to what the Secretary of State proposes to do in
view of those conclusions.

(3D) The report must be laid before Parliament by the Secretary of State.”

142 Exclusion from individual voluntary arrangements

(1) In the Insolvency Act 1986, in section 382 (meaning of “bankruptcy debt” etc),
30at 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) In the heading to that section, after “bankruptcy debt” there is substituted “,
35“liability””.

Reports on decision-making

143 Standards of decision-making

Section 81 of the Social Security Act 1998 (reports by Secretary of State and
Child Maintenance and Enforcement Commission) is repealed.

Employment and training

144 Use of jobcentres by sex industry

In the Employment and Training Act 1973, after section 2 (duty of Secretary of
State to make arrangements for assisting persons to find employment etc) there
5is 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) For the purposes of this section employment is for sexual purposes if—

(a) 10it 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
means).

(3) 15The 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.”

Child poverty

145 20Social 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.

146 UK child poverty strategies

(1) Section 9 of the Child Poverty Act 2010 (UK strategies) is amended as follows.

(2) 25In subsection (7)(a)(i)—

(a) for “progress” there is substituted “measures”;

(b) for “needs to be made” there is substituted “need to be taken”.

(3) In subsection (7)(a)(ii)—

(a) for “progress” there is substituted “measures”;

(b) 30for “intends to make” there is substituted “proposes to take”;

(c) for “in achieving” there is substituted “to achieve”.

(4) In subsection (7)(b)—

(a) for “progress” there is substituted “measures (other than those
described under paragraph (a))”;

(b) 35for “intends to make” there is substituted “proposes to take”;

(c) for “in achieving” there is substituted “to achieve”;

(d) the words from “otherwise than” to the end are repealed.

(5) In subsection (8), for paragraphs (b) and (c) there is substituted “and

“(b) give an account (in such manner as the Secretary of State
considers appropriate) of the effect of those measures, so far as
relating to the purposes mentioned in subsection (2).”

5Part 7 Final

147 Repeals

Schedule 14 contains consequential repeals.

148 Financial provision

10There shall be paid out of money provided by Parliament—

(a) sums 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
15Customs;

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

149 Extent

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

(2) 20The following provisions extend to England and Wales, Scotland and Northern
Ireland—

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

(b) section 33 (abolition of benefits);

(c) 25section 77 (calculation of working tax credit);

(d) section 93 (power to make consequential and supplementary provision:
personal independence payment);

(e) section 127(1) to (13) (tax credits: transfer of functions etc);

(f) section 128(1) to (9) (information-sharing between Secretary of State
30and HMRC);

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

(3) Sections 129 and 130 extend to England and Wales only.

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

150 35Commencement

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

(a) section 77 (calculation of working tax credit);

(b) section 104 and Schedule 12 (supersession of decisions of former
40appellate bodies) (but see section 104(2));