Welfare Reform Bill (HL Bill 124)

Benefits Act;” there is inserted—

“(ab) personal independence payment;”.

20 In section 159B (effect of alterations affecting state pension credit), in
subsection (6), in the definition of “benefit income”, after “Contributions and
5Benefits Act” there is inserted “or personal independence payment”.

21 In section 159C (effect of alteration of rates of an employment and support
allowance), in subsection (6), in the definition of “benefit income”, after
“Contributions and Benefits Act” there is inserted “or personal
independence payment”.

22 10In section 160 (implementation of increases in income support due to
attainment of particular ages), in subsection (3), after “entitlement to” there
is inserted “personal independence payment or to”.

23 In section 160A (implementation of increases in income-based jobseeker’s
allowance due to attainment of particular ages), in subsection (3), after
15“Contributions and Benefits Act;” there is inserted—

“(aa) personal independence payment;”.

24 In section 160B (implementation of increases in employment and support
allowance due to attainment of particular ages), in subsection (3), for the
words from “a benefit” to the end there is substituted—

“(a) 20a benefit under the Contributions and Benefits Act; or

(b) personal independence payment.”

25 In section 165 (adjustments between National Insurance Fund and
Consolidated Fund), in subsection (1)(a)(iii), after “universal credit”
(inserted by Schedule 2 to this Act) there is inserted “, personal
25independence payment”.

26 In section 170 (Social Security Advisory Committee), in subsection (5)—

(a) in the definition of “the relevant enactments”, after paragraph (ak)
(inserted by Schedule 2 to this Act) there is inserted—

“(al) Part 4 of that Act;”;

(b) 30in the definition of “the relevant Northern Ireland enactments”, after
paragraph (ak) (inserted by Schedule 2 to this Act) there is inserted—

“(al) any provisions in Northern Ireland which correspond
to Part 4 of that Act;”.

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

(2) 35In subsection (3)(a), after “Welfare Reform Act 2012” (inserted by Schedule
2 to this Act) there is inserted “, Part 4 of that Act”.

(3) In subsection (4), after paragraph (ag) (inserted by Schedule 2 to this Act)
there is inserted—

“(ah) to Part 4 of that Act;”.

28 40In section 180 (payment of travelling expenses), in paragraphs (a) and (b)(i),
after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is
inserted “, Part 4 of that Act”.

29 In section 182B (information about postal redirection), in subsection (5)(b),
after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is
45inserted “, Part 4 of that Act”.

30 In section 184 (control of pneumoconiosis), in paragraph (c), for “benefit as
defined in section 122 of the Contributions and Benefits Act” there is
substituted “personal independence payment, or benefit as defined in
section 122 of the Contributions and Benefits Act,”.

31 5In section 187 (inalienability), in subsection (1), after paragraph (ac) there is
inserted—

“(ad) personal independence payment;”.

32 In section 191 (interpretation), in the definition of “benefit”, for “, state
pension credit and an employment and support allowance” there is
10substituted “state pension credit, an employment and support allowance
and personal independence payment”.

33 In Schedule 7 (regulations not requiring prior submission to Social Security
Advisory Committee), before paragraph 1 there is inserted—

Regulations under section 79(3) or 80(3) of the Welfare Reform Act
152012.”

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

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

35 In section 29 (general interpretation), in the definition of “benefit”, after
“employment and support allowance” there is inserted “, personal
20independence payment”.

36 In Schedule 2 (calculation of compensation payment), in the table—

(a) in the section relating to compensation for cost of care incurred
during the relevant period, in the second column, after the entry for
attendance allowance there is inserted “Daily living component of
25personal independence payment”;

(b) in the section relating to compensation for loss of mobility during the
relevant period, in the second column, after the entry for mobility
allowance there is inserted “Mobility component of personal
independence payment”.

30Social Security Act 1998 (c. 14)Social Security Act 1998 (c. 14)

37 The Social Security Act 1998 is amended as follows.

38 In section 2(2) (use of computers), after paragraph (k) (inserted by Schedule
2 to this Act) there is inserted “or

“(l) Part 4 of that Act.”

39 35In section 8 (decisions by Secretary of State)—

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

“(baa) personal independence payment;”;

(b) in subsection (4), after the words “Welfare Reform Act 2012”
(inserted by Schedule 2 to this Act) there is inserted “or Part 4 of that
40Act.”

40 In section 11(3) (regulations with respect to decisions), in the definition of
“current legislation”, after the words “Welfare Reform Act 2012” (inserted by
Schedule 2 to this Act) there is inserted “and Part 4 of that Act”.

41 In section 27(7) (restriction on entitlement in cases of error), in the definition
5of “benefit”—

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

“(df) personal independence payment;”;

(b) in paragraph (e) for “to (de)” there is substituted “to (df)”.

42 In section 28(3) (correction of errors in decisions etc), after paragraph (h)
10(inserted by Schedule 2 to this Act) there is inserted “or

“(i) Part 4 of that Act.”

43 In Schedule 3 (decisions against which an appeal lies), in paragraph 3—

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

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

“(h) 15regulations made under section 86(1) or 87(1) of the
Welfare Reform Act 2012;

(i) section 88 of that Act.”

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

44 In section 115 of the Immigration and Asylum Act 1999 (exclusion from
20benefits)—

(a) in subsection (1), after “support allowance)” there is inserted “or to
personal independence payment”;

(b) in subsection (2), at the beginning of paragraph (b) there is inserted
“disability living allowance or”.

25Social Security Fraud Act 2001 (c. 11)Social Security Fraud Act 2001 (c. 11)

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

46 In section 6A(1) (definitions)—

(a) in the definition of “disqualifying benefit”, after paragraph (c) there
is inserted—

“(ca) 30any benefit under Part 4 of the Welfare Reform Act
2012 (personal independence payment) or under any
provision in Northern Ireland which corresponds to
that Part;”;

(b) in the definition of “sanctionable benefit”, after paragraph (c) there is
35inserted—

“(ca) personal independence payment;”.

47 In section 10 (power to supplement and mitigate loss of benefit provisions),
in subsection (3), after paragraph (bd) (inserted by Schedule 2 to this Act)
there is inserted—

“(be) 40any benefit under Part 4 of the Welfare Reform Act 2012
(personal independence payment) or under any provision in
Northern Ireland which corresponds to that Part;”.

Income Tax (Earnings and Pensions) Act 2003 (c. 1)Income Tax (Earnings and Pensions) Act 2003 (c. 1)

48 The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.

49 In section 677 (UK social security benefits wholly exempt from tax), in
subsection (1), at the appropriate place in Part 1 of Table B there is inserted—

50 10In Part 1 of Schedule 1 (abbreviations of Acts), at the end there is inserted—

Section 94

SCHEDULE 10 Personal independence payment: transitional

General

1 (1) 15Regulations under section 94 may in particular make provision for the
purposes of, or in connection with, replacing disability living allowance
with personal independence payment.

(2) In this Schedule “the appointed day” means the day appointed for the
coming into force of section 78.

20Claims before the appointed day

2 (1) The provision referred to in paragraph 1(1) includes—

(a) provision for a claim for personal independence payment to be made
before the appointed day for a period beginning on or after that day;

(b) provision for a claim for personal independence payment made
25before the appointed day to be treated to any extent as a claim for
disability living allowance;

(c) provision for a claim for disability living allowance made before the
appointed day to be treated to any extent as a claim for personal
independence payment.

(2) 30The provision referred to in paragraph 1(1) includes provision, where a
claim for personal independence payment is made (or treated as made)
before the appointed day, for an award on the claim to be made in respect of
a period before the appointed day (including provision as to the conditions
of entitlement for, and the amount of, such an award).

Claims after the appointed day

3 (1) The provision referred to in paragraph 1(1) includes—

(a) provision permanently or temporarily excluding the making of a
claim for personal independence payment after the appointed day
5by—

(i) a person to whom disability living allowance is awarded, or

(ii) a person who would be entitled to an award of disability
living allowance on making a claim for it;

(b) provision temporarily excluding the making of a claim for personal
10independence payment after the appointed day by any other person;

(c) provision excluding entitlement to personal independence payment
temporarily or for a particular period;

(d) provision for a claim for personal independence payment made after
the appointed day to be treated to any extent as a claim for disability
15living allowance;

(e) provision for a claim for disability living allowance made after the
appointed day to be treated to any extent as a claim for personal
independence payment.

(2) The provision referred to in paragraph 1(1) includes provision, where a
20claim for personal independence payment is made (or treated as made) after
the appointed day, for an award on the claim to be made in respect of a
period before the appointed day (including provision as to the conditions of
entitlement for, and the amount of, such an award).

Awards

4 (1) 25The provision referred to in paragraph 1(1) includes—

(a) provision for terminating an award of disability living allowance;

(b) provision for making an award of personal independence payment,
with or without application, to a person whose award of disability
living allowance is terminated.

(2) 30The provision referred to in sub-paragraph (1)(b) includes—

(a) provision imposing requirements as to the procedure to be followed,
information to be supplied or assessments to be undergone in
relation to an award by virtue of that sub-paragraph or an
application for such an award;

(b) 35provision as to the consequences of failure to comply with any such
requirement;

(c) provision as to the terms on which, and conditions subject to which,
such an award is made, including—

(i) provision temporarily or permanently disapplying, or
40otherwise modifying, conditions of entitlement to personal
independence payment in relation to the award;

(ii) provision temporarily or permanently disapplying, or
otherwise modifying, any requirement under this Part for a
person to be assessed in respect of any of the questions
45mentioned in section 81(1) or (2);

(d) provision as to the amount of such an award.

Supplementary

5 Regulations under section 94—

(a) may secure the result that any gap in entitlement to disability living
allowance is to be disregarded for the purposes of provision under
5the regulations;

(b) may make provision about cases in which provision made by
regulations under section 81(2) (required period condition) is to
apply with modifications;

(c) may, for the purposes of provision made by virtue of paragraph (b),
10provide for a period of entitlement to disability living allowance to
be taken into account in determining whether a person meets “the
required period condition” for the purposes of section 79(1) or (2) or
80(1) or (2).

Section 103

SCHEDULE 11 15Power to require consideration of revision before appeal

Vaccine Damage Payments Act 1979 (c. 17)1979 (c. 17)

1 The Vaccine Damage Payments Act 1979 is amended as follows.

2 (1) Section 4 (appeals to appeal tribunals) is amended as follows.

(2) After subsection (1A) there is inserted—

“(1B) 20If the claimant’s address is not in Northern Ireland, regulations may
provide that, in such cases or circumstances as may be prescribed,
there is a right of appeal only if the Secretary of State has considered
whether to reverse the decision under section 3A.

(1C) The regulations may in particular provide that that condition is met
25only where—

(a) the consideration by the Secretary of State was on an
application,

(b) the Secretary of State considered issues of a specified
description, or

(c) 30the consideration by the Secretary of State satisfied any other
condition specified in the regulations.”

(3) At the end of subsection (2) there is inserted—

“(c) provision that, where in accordance with regulations under
subsection (1B) there is no right of appeal against a decision,
35any purported appeal may be treated as an application to
reverse the decision under section 3A.”

3 (1) Section 8 (regulations) is amended as follows.

(2) In subsection (2)(a) the words from “which shall be” to “House of
Parliament” are repealed.

(3) After that subsection there is inserted—

“(2A) A statutory instrument containing regulations made by the Secretary
of State under this Act—

(a) except in the case of an instrument containing regulations
5under section 4(1B), is subject to annulment in pursuance of
a resolution of either House of Parliament;

(b) in the case of an instrument containing regulations under
section 4(1B), may not be made unless a draft of the
instrument has been laid before and approved by a resolution
10of each House of Parliament.”

(4) At the end there is inserted—

“(5) The power to make regulations under section 4(1B) may be
exercised—

(a) in relation to all cases to which it extends, in relation to those
15cases but subject to specified exceptions or in relation to any
specified cases or classes of case;

(b) so as to make, as respects the cases in relation to which it is
exercised—

(i) the full provision to which it extends or any lesser
20provision (whether by way of exception or
otherwise);

(ii) the same provision for all cases, different provision
for different cases or classes of case or different
provision as respects the same case or class of case but
25for different purposes of this Act;

(iii) provision which is either unconditional or is subject
to any specified condition.”

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

4 The Child Support Act 1991 is amended as follows.

5 (1) 30Section 20 (appeals to First-tier Tribunal), as substituted by section 10 of the
Child Support, Pensions and Social Security Act 2000 (and subsequently
amended), is amended as follows.

(2) After subsection (2) there is inserted—

“(2A) Regulations may provide that, in such cases or circumstances as may
35be prescribed, there is a right of appeal against a decision mentioned
in subsection (1)(a) or (b) only if the Commission has considered
whether to revise the decision under section 16.

(2B) The regulations may in particular provide that that condition is met
only where—

(a) 40the consideration by the Commission was on an application,

(b) the Commission considered issues of a specified description,
or

(c) the consideration by the Commission satisfied any other
condition specified in the regulations.”

(3) At the end of subsection (4) there is inserted—

“(c) provision that, where in accordance with regulations under
subsection (2A) there is no right of appeal against a decision,
any purported appeal may be treated as an application for
5revision under section 16.”

6 (1) Section 20 (appeals to First-tier Tribunal), as it has effect apart from section
10 of the Child Support, Pensions and Social Security Act 2000, is amended
as follows.

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

“(3A) 10Regulations may provide that, in such cases or circumstances as may
be prescribed, there is a right of appeal against a decision only if the
Commission has considered whether to revise the decision under
section 16.

(3B) The regulations may in particular provide that that condition is met
15only where—

(a) the consideration by the Commission was on an application,

(b) the Commission considered issues of a specified description,
or

(c) the consideration by the Commission satisfied any other
20condition specified in the regulations.”

(3) At the end of subsection (5) there is inserted—

“(c) provision that, where in accordance with regulations under
subsection (3A) there is no right of appeal against a decision,
any purported appeal may be treated as an application for
25revision under section 16.”

7 In section 51A (pilot schemes) at the end there is inserted—

“(6) This section does not apply to regulations under—

(a) subsection (2A) of section 20 as substituted by section 10 of
the Child Support, Pensions and Social Security Act 2000;

(b) 30subsection (3A) of section 20 as it has effect apart from section
10 of the Child Support, Pensions and Social Security Act
2000.”

8 In section 52 (regulations and orders), in subsection (2)(a), after “section
12(5)(b)),” there is inserted “20(2A), 20(3A)”.

35Social Security (Recovery of Benefits) Act 1997 (c. 27)1997 (c. 27)

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

10 (1) Section 11 (appeals against certificates) is amended as follows.

(2) After subsection (2) there is inserted—

“(2A) Regulations may provide that, in such cases or circumstances as may
40be prescribed, an appeal may be made under this section only if the
Secretary of State has reviewed the certificate under section 10.

(2B) The regulations may in particular provide that that condition is met
only where—

(a) the review by the Secretary of State was on an application,

(b) the Secretary of State considered issues of a specified
description, or

(c) the review by the Secretary of State satisfied any other
condition specified in the regulations.”

(3) 5In subsection (5)(c) after “any such appeal” there is inserted “(or, where in
accordance with regulations under subsection (2A) there is no right of
appeal, any purported appeal)”.

11 (1) Section 30 of that Act (regulations and orders) is amended as follows.

(2) In subsection (2) after “regulations under section” there is inserted “11(2A)
10or”.

(3) After that subsection there is inserted—

“(2A) A statutory instrument containing regulations under section 11(2A)
may not be made unless a draft of the instrument has been laid
before and approved by a resolution of each House of Parliament.”

15Child Support, Pensions and Social Security Act 2000 (c. 19)2000 (c. 19)

12 Schedule 7 to the Child Support, Pensions and Social Security Act 2000 is
amended as follows.

13 (1) Paragraph 6 (housing benefit and council tax benefit: appeal to First-tier
Tribunal) is amended as follows.

(2) 20In sub-paragraph (4), after paragraph (b) there is inserted—

“or where regulations under sub-paragraph (5A) so provide.”

(3) After sub-paragraph (5) there is inserted—

“(5A) Regulations may provide that, in such cases or circumstances as
may be prescribed, there is a right of appeal in relation to a
25decision only if the relevant authority which made the decision
has considered whether to revise the decision under paragraph 3.

(5B) The regulations may in particular provide that that condition is
met only where—

(a) the consideration by the relevant authority was on an
30application,

(b) the relevant authority considered issues of a specified
description, or

(c) the consideration by the relevant authority satisfied any
other condition specified in the regulations.”

(4) 35In sub-paragraph (8)—

(a) the words from “make provision” to the end become paragraph (a);

(b) after that paragraph there is inserted—

“(b) provide that, where in accordance with regulations
under sub-paragraph (5A) there is no right of
40appeal against a decision, any purported appeal
may be treated as an application for revision under
paragraph 3.”

14 In paragraph 20(4) (regulations subject to affirmative procedure) for “or (4)”
there is substituted “, (4) or (5A)”.

Child Maintenance and Other Payments Act 2008 (c. 6)2008 (c. 6)

15 The Child Maintenance and Other Payments Act 2008 is amended as
follows.

16 In section 49(2) (regulations regarding reconsideration) after “and” there is
5inserted “may prescribe”.

17 (1) Section 50 (appeals to First-tier Tribunal) is amended as follows.

(2) After subsection (1) there is inserted—

“(1A) Regulations may provide that, in such cases or circumstances as may
be prescribed, a person may appeal against a determination made on
10a claim only if the Secretary of State has decided whether to
reconsider the determination under section 49.

(1B) The regulations may in particular provide that that condition is met
only where—

(a) the decision of the Secretary of State was on an application,

(b) 15the Secretary of State considered issues of a specified
description, or

(c) the decision of the Secretary of State satisfied any other
condition specified in the regulations.”

(3) In subsection (4)(c) after “an appeal under subsection (1)(a)” there is inserted
20“(or, where in accordance with regulations under subsection (1A) there is no
right of appeal, any purported appeal)”.

18 (1) Section 53 (regulations under Part 4) is amended as follows.

(2) After subsection (2) there is inserted—

“(2A) The power to make regulations under section 50(1A) may be
25exercised—

(a) in relation to all cases to which it extends, in relation to those
cases but subject to specified exceptions or in relation to any
specified cases or classes of case;

(b) so as to make, as respects the cases in relation to which it is
30exercised—

(i) the full provision to which it extends or any lesser
provision (whether by way of exception or
otherwise);

(ii) the same provision for all cases, different provision
35for different cases or classes of case or different
provision as respects the same case or class of case but
for different purposes of this Act;

(iii) provision which is either unconditional or is subject
to any specified condition.”

(3) 40In subsection (3) after “section 46” there is inserted “or 50(1A)”.