Welfare Reform and Pensions Bill

House of Commons portcullis

House of Commons

Session 1998-99
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Other Bills before Parliament

Welfare Reform and Pensions Bill

This is the text of the Welfare Reform and Pensions Bill, as presented to the House of Commons on 10th February 1999.

EXPLANATORY NOTES
Explanatory Notes to the Bill, prepared by the Department of Social Security, are published separately as Bill 44-EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS
Mr Secretary Darling has made the following statement under section 19(1)(a) of the Human Rights Act 1998:-

In my view, the provisions of the Welfare Reform and Pensions Bill are compatible with the Convention rights.

Welfare Reform and Pensions Bill

ARRANGEMENT OF CLAUSES

PART I

STAKEHOLDER PENSION SCHEMES

Clause

1. Meaning of "stakeholder pension scheme".

2. Registration of stakeholder pension schemes.

3. Duty of employers to facilitate access to stakeholder pension schemes.

4. Powers of inspection for securing compliance with section 3.

5. Application of certain enactments.

6. Reduced rates of contributions etc: power to specify different percentages.

7. Interpretation and application of Part I.

PART II

PENSIONS: GENERAL

8. Monitoring of employers' payments to personal pension schemes.

9. Late payments by employers to occupational pension schemes.

10. Effect of person's insolvency on his pension rights.

11. Effect of insolvency on unapproved pension rights.

12. Forfeiture of rights under pension arrangements.

13. Compensating occupational pension schemes.

14. Miscellaneous amendments.

PART III

PENSIONS ON DIVORCE ETC.

Pension sharing orders

15. Orders in England and Wales.

16. Orders in Scotland.

Sections 25B to 25D of the Matrimonial Causes Act 1973

17. Amendments.

18. Extension to overseas divorces etc.

PART IV

PENSION SHARING

CHAPTER I

SHARING OF RIGHTS UNDER PENSION ARRANGEMENTS

Pension sharing mechanism

19. Scope of mechanism.

20. Activation of pension sharing.

21. Creation of pension debits and credits.

22. Cash equivalents.

Pension debits

23. Reduction of benefit.

24. Effect on contracted-out rights.

Pension credits

25. Time for discharge of liability.

26. "Implementation period".

27. Mode of discharge of liability.

Treatment of pension credit rights under schemes

28. Safeguarded rights.

29. Requirements relating to pension credit benefit.

30. Treatment in winding up.

Indexation

31. Public service pension schemes.

32. Other pension schemes.

Charges by pension arrangements

33. Charges in respect of pension sharing costs.

Adaptation of statutory schemes

34. Extension of scheme-making powers.

35. Power to extend judicial pension schemes.

Supplementary

36. Disapplication of restrictions on alienation.

37. Information.

38. Interpretation of Chapter I.

CHAPTER II

SHARING OF STATE SCHEME RIGHTS

39. Shareable state scheme rights.

40. Activation of benefit sharing.

41. Creation of state scheme pension debits and credits.

42. Effect of state scheme pension debits and credits.

43. Interpretation of Chapter II.

PART V

WELFARE

CHAPTER I

SOCIAL SECURITY BENEFITS

Benefits for widows and widowers

44. Bereavement payments.

45. New allowances for bereaved spouses.

46. Entitlement to Category B retirement pension by reference to new allowances.

Work-focused interviews

47. Claim or full entitlement to certain benefits conditional on work-focused interview.

Jobseeker's allowance

48. Couples to make joint claim for allowance.

49. Special schemes for claimants for jobseeker's allowance.

Incapacity for work

50. Incapacity for work: personal capability assessments.

Incapacity benefits

51. Incapacity benefit: restriction to recent contributors.

52. Incapacity benefit: reduction for pension payments.

53. Incapacity benefit: persons incapacitated in youth.

54. Abolition of severe disablement allowance.

Disability benefits

55. Attendance allowance.

56. Disability living allowance.

Miscellaneous and supplementary provisions

57. Child benefit: claimant to state national insurance number.

58. General functions of local authorities as regards claims and information.

59. Welfare benefits: miscellaneous amendments.

60. Supply of information for certain purposes.

CHAPTER II

NATIONAL INSURANCE CONTRIBUTIONS

61. Class 1 contributions.

62. Class 1 contributions: Northern Ireland.

63. Class 1B contributions.

64. Class 1B contributions: Northern Ireland.

CHAPTER III

MISCELLANEOUS

65. Measures to reduce under-occupation by housing benefit claimants.

66. Supply of information for child support purposes.

PART VI

GENERAL

67. Authorisation of certain expenditure.

68. Regulations and orders.

69. Consequential amendments etc. relating to Parts III and IV.

70. Transitional provisions.

71. General financial provisions.

72. Repeals.

73. Commencement.

74. Extent.

75. Short title and general interpretation.

SCHEDULES:

    Schedule 1 - Application of 1993 and 1995 Acts to registered schemes.

    Schedule 2 - Pensions: miscellaneous amendments.

    Schedule 3 - Pension sharing orders: England and Wales.

    Schedule 4 - Amendments of sections 25B to 25D of the Matrimonial Causes Act 1973.

    Schedule 5 - Pension credits: mode of discharge.

    Schedule 6 - Effect of state scheme pension debits and credits.

    Schedule 7 - Joint claims for jobseeker's allowance.

    Schedule 8 - Welfare benefits: minor and consequential amendments.

    Part I - Bereavement benefits.

    Part II - Incapacity.

    Part III - Abolition of severe disablement allowance.

    Part IV - Jobseeker's allowance.

    Part V - Retirement pensions.

    Part VI - Social Security Advisory Committee.

    Schedule 9 - Parts III and IV: consequential amendments.

    Schedule 10 - Repeals.

    Part I - Pensions: miscellaneous.

    Part II - Pensions on divorce etc.

    Part III - Pension sharing.

    Part IV - Abolition of severe disablement allowance.

    Part V - Benefits: miscellaneous.

    Part VI - National Insurance contributions.

    Part VII - National Insurance contributions: Northern Ireland.

© Parliamentary copyright 1999
Prepared 10 February 1999