Certain overpayments of benefit not to be recoverable
Mr Stephen Timms
NC12
To move the following Clause:—
'.—(1) An overpayment to which this section applies shall not be recoverable from the payee, whether by the Secretary of State or a local authority, under any provision made by or under Part III of the Administration Act (overpayments and adjustments of benefit).
(2) This section applies to an overpayment if—
(a) it is in respect of a qualifying benefit;
(b) it is referable to a decision given on a review that there has been an alteration in the relevant person's condition, being a decision to which effect is required to be given as from a date earlier than that on which it was given;
(c) the decision was given before 1st June 1999; and
(d) the overpayment is not excluded by virtue of subsection (6).
(3) In subsection (2)(b) the reference to a finding on a review that there has been an alteration in the relevant person's condition is a reference to a finding that that person's physical or mental condition either was at the time when the original decision was given, or has subsequently become, different from that on which that decision was based, with the result—
(a) that he did not at that time, or (as the case may be) has subsequently ceased to, meet any of the conditions contained in the following provisions of the Contributions and Benefits Act, namely—
(i) section 64 (attendance allowance),
(ii) section 72(1) or (2) (care component of disability living allowance), and
(iii) section 73(1) or (2) (mobility component of that allowance); or
(b) that he was at that time, or (as the case may be) has subsequently become, capable of work in accordance with regulations made under section 171C(2) of that Act (the all work test).
(4) For the purposes of this section "qualifying benefit" means—
(a) attendance allowance;
(b) disability living allowance;
(c) any benefit awarded wholly or partly by reason of a person being (or being treated as being)—
(i) in receipt of a component (at any rate) of disability living allowance or in receipt of attendance allowance, or
(ii) in receipt of any benefit falling within sub-paragraph (i);
(d) incapacity benefit or any benefit awarded wholly or partly by reason of a person being (or being treated as being) in receipt of incapacity benefit; or
(e) any other benefit awarded wholly or partly by reason of a person being (or being treated as being)—
(i) incapable of work, or
(ii) in receipt of any benefit falling within sub-paragraph (i).
(5) For the purposes of this section—
(a) "review" means a review taking place by virtue of section 25(1)(a) or (b) or section 30(2)(a) or (b) of the Administration Act;
(b) "the relevant person", in relation to a review, means the person to whose entitlement to a qualifying benefit or to whose incapacity for work the review related; and
(c) "the original decision", in relation to a review, means the decision as to any such entitlement or incapacity to which the review related.
(6) An overpayment is excluded by virtue of this subsection if (before or after the passing of this Act)—
(a) the payee has agreed to pay a penalty in respect of the overpayment under section 115A of the Administration Act, or
(b) the payee has been convicted of any offence (under section 111A or 112(1) or (1A) of that Act or otherwise) in connection with the overpayment, or
(c) proceedings have been instituted against the payee for such an offence and the proceedings have not been determined or abandoned.
(7) Nothing in this section applies to an overpayment to the extent that it was recovered from the payee (by any means) before 26th February 1999.
(8) In this section—
"benefit" includes any amount included in—
(a) the applicable amount in relation to an income-related benefit (as defined by section 135(1) of the Contributions and Benefits Act), or
(b) the applicable amount in relation to a jobseeker's allowance (as defined by section 4(5) of the Jobseekers Act 1995);
"income-related benefit" has the meaning given by section 123(1) of the Contributions and Benefits Act;
"overpayment" means an amount of benefit paid in excess of entitlement;
"the payee", in relation to an overpayment, means the person to whom that amount was paid.'.
Sharing of functions as regards claims and information
Mr Stephen Timms
NC13
To move the following Clause:—
'. After section 7 of the Administration Act there shall be inserted—
"Sharing of functions as regards certain claims and information
| Sharing of functions as regards certain claims and information. | 7A.—(1) Regulations may, for the purpose of supplementing the persons or bodies to whom claims for relevant benefits may be made, make provision—
(a) as regards housing benefit or council tax benefit, for claims for that benefit to be made to—
(i) a Minister of the Crown, or
(ii) a person providing services to a Minister of the Crown;
(b) as regards any other relevant benefit, for claims for that benefit to be made to—
(ii) a person providing services to a local authority, or
(iii) a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit.
(2) Regulations may make provision for or in connection with—
(a) the forwarding by a relevant authority of—
(i) claims received by virtue of any provision authorised by subsection (1) above, and
(ii) information or evidence supplied in connection with making such claims (whether supplied by persons making the claims or by other persons);
(b) the receiving and forwarding by a relevant authority of information or evidence relating to social security matters supplied by, or the obtaining by a relevant authority of such information or evidence from—
(i) persons making, or who have made, claims for a relevant benefit, or
(ii) other persons in connection with such claims,
including information or evidence not relating to the claims or benefit in question;
(c) the recording by a relevant authority of information or evidence relating to social security matters supplied to, or obtained by, the authority and the holding by the authority of such information or evidence (whether as supplied or obtained or as recorded);
(d) the giving of information or advice with respect to social security matters by a relevant authority to persons making, or who have made, claims for a relevant benefit.
(3) In paragraphs (b) and (d) of subsection (2) above—
(a) references to claims for a relevant benefit are to such claims whether made as mentioned in subsection (1)(a) or (b) above or not; and
(b) references to persons who have made such claims include persons to whom awards of benefit have been made on the claims.
(4) In this section—
(a) "benefit" includes child support or a war pension (any reference to a claim being read, in relation to child support, as a reference to an application under section 4 of the Child Support Act 1991);
(b) "local authority" means an authority administering housing benefit or council tax benefit;
(c) "relevant authority" means—
(i) a Minister of the Crown,
(ii) a person providing services to a Minister of the Crown,
(iv) a person providing services to a local authority, or
(v) a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit;
(d) "relevant benefit" means housing benefit, council tax benefit or any other benefit prescribed for the purposes of this section;
(e) "social security matters" means matters relating to social security, child support or war pensions;
and in this subsection "war pension" means a war pension within the meaning of section 25 of the Social Security Act 1989 (establishment and functions of war pensions committees)."'. |
Contributions and pensions administration
Mr Stephen Timms
NC14
To move the following Clause:—
'. Schedule (Contributions and pensions administration) (which contains amendments dealing with administrative matters relating to contributions and pensions) shall have effect.'.
New threshold for primary Class 1 contributions
Mr Stephen Timms
NC15
To move the following Clause:—
'. Schedule (New threshold for primary Class 1 contributions) (which amends the Contributions and Benefits Act, the Administration Act and the Pension Schemes Act 1993 so as to make provision for and in connection with the introduction of a new primary threshold for primary Class 1 contributions) shall have effect.'.
New threshold for primary Class 1 contributions: Northern Ireland
Mr Stephen Timms
NC16
To move the following Clause:—
'. Schedule (New threshold for primary Class 1 contributions: Northern Ireland) (which amends the Social Security Contributions and Benefits (Northern Ireland) Act 1992, the Social Security Administration (Northern Ireland) Act 1992 and the Pension Schemes (Northern Ireland) Act 1993 so as to make provision for and in connection with the introduction for Northern Ireland of a new primary threshold for primary Class 1 contributions) shall have effect.'.
Meaning of "stakeholder pension scheme"
Mr Iain Duncan Smith
Mr Quentin Davies
Mr Eric Pickles
NC2
To move the following Clause:—
'A pension scheme is a stakeholder pension scheme if an employer provides for an employee a payroll deductions facility to enable payments to be made on the employee's behalf to a pension scheme authorised for this purpose by the Inland Revenue.'.
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