Child Support, Pensions and Social Security Bill

Child Support, Pensions and Social Security Bill - continued	House of Commons

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PART III

SOCIAL SECURITY

Loss of benefit

Loss of benefit for breach of community order.

49. - (1) If-

(a) information is laid before a justice of the peace that a person ("the offender") has failed to comply with the requirements of a relevant community order made in respect of him,

(b) the Secretary of State is notified in accordance with regulations under section 51 that the information has been laid, and

(c) the offender is a person with respect to whom the conditions for any entitlement to a relevant benefit are or become satisfied,

then, even though those conditions are satisfied, the following restrictions shall apply in relation to the payment of that benefit in the offender's case.

(2) Subject to subsections (3) to (5), the relevant benefit shall not be payable in the offender's case for the prescribed period.

(3) Where the relevant benefit is income support, the benefit shall be payable in the offender's case for the prescribed period as if the applicable amount used for the determination under section 124(4) of the Social Security Contributions and Benefits Act 1992 of the amount of the offender's entitlement for that period were reduced in such manner as may be prescribed.

(4) The Secretary of State may by regulations provide that, where the relevant benefit is jobseeker's allowance, any income-based jobseeker's allowance shall be payable, during the whole or a part of the prescribed period, as if one or more of the following applied-

(a) the rate of the allowance were such reduced rate as may be prescribed;

(b) the allowance 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;

(5) Where the relevant benefit is a payment under section 2 of the Employment and Training Act 1973 (under which training allowances are payable), that benefit shall not be payable for the prescribed period except to such extent (if any) as may be prescribed.

(6) Where-

(a) the information relating to the offender is withdrawn, or

(b) a court makes a determination that the failure to comply with respect to which the information was laid either-

(i) did not take place, or

(ii) is a failure for which there is a reasonable excuse,

all such payments and other adjustments shall be made as would be necessary if the restrictions imposed by or under this section in respect of that information had not been imposed.

(7) The length of any period prescribed for the purposes of any of subsections (2) to (5) shall not exceed twenty-six weeks.

(8) The Secretary of State may by regulations provide in relation to any of subsections (2) to (5) for that subsection not to apply in any case in which the period which is the prescribed period for the purposes of that subsection does not begin until after the end of such period after the laying of the information in that case as may be prescribed for the purposes of this subsection.

(9) In this section-

"income-based jobseeker's allowance" and "joint-claim jobseeker's allowance" have the same meanings as in the Jobseekers Act 1995;

"relevant benefit" means-

(a) income support;

(b) any jobseeker's allowance other than joint-claim jobseeker's allowance;

(c) any benefit under the Social Security Contributions and Benefits Act 1992 (other than income support) which is prescribed for the purposes of this section; or

(d) any prescribed payment under section 2 of the Employment and Training Act 1973 (under which training allowances are payable);

"relevant community order" means-

(a) a community service order;

(b) a probation order;

(d) such other description of community order within the meaning of Part I of the Criminal Justice Act 1991 as may be prescribed for the purposes of this section; or

(e) any order falling in England and Wales to be treated as an order specified in paragraphs (a) to (d).

(10) In relation to a relevant benefit falling within paragraph (d) of the definition of that expression in subsection (9), references in this section to the conditions for entitlement to that benefit being or becoming satisfied with respect to any person are references to there having been or, as the case may be, the taking of a decision to make a payment of such benefit to that person.

Loss of joint-claim jobseeker's allowance.

50. - (1) Subsections (2) and (3) shall have effect, subject to the other provisions of this section, where-

(a) the conditions for the entitlement of any joint-claim couple to a joint-claim jobseeker's allowance are or become satisfied at any time; and

(b) the restriction in subsection (2) of section 49 would apply in the case of at least one of the members of the couple if the entitlement were an entitlement of that member to a relevant benefit.

(2) The allowance shall not be payable in the couple's case for so much of the prescribed period as is a period for which-

(a) in the case of each of the members of the couple, the restriction in subsection (2) of section 49 would apply if the entitlement were an entitlement of that member to a relevant benefit; or

(b) that restriction would so apply in the case of one of the members of the couple and the other member of the couple is subject to sanctions for the purposes of section 20A of the Jobseekers Act 1995 (denial or reduction of joint-claim jobseeker's allowance).

(3) For any part of the period for which subsection (2) does not apply, the allowance-

(a) shall be payable in the couple's case as if the amount of the allowance were reduced to an amount calculated using the method prescribed for the purposes of this subsection; but

(b) shall be payable only to the member of the couple who is not the person in relation to whom the information in question has been laid.

(4) Subsection (6) of section 20A of the Jobseekers Act 1995 (calculation of reduced amount) shall apply for the purposes of subsection (3) above as it applies for the purposes of subsection (5) of that section.

(5) Subsection (6) of section 49 shall apply for the purposes of this section in relation to an information relating to one or both members of the joint-claim couple as it applies for the purposes of that section in relation to the information relating to the offender.

(6) The length of any period prescribed for the purposes of subsection (2) or (3) shall not exceed twenty-six weeks.

(7) The Secretary of State may by regulations provide in relation to subsection (2) or (3) for that subsection not to apply in any case in which the period which is the prescribed period for the purposes of that subsection does not begin until after the end of such period after the laying of the information in that case as may be prescribed for the purposes of this subsection.

(8) In this section-

"joint-claim couple" and "joint-claim jobseeker's allowance" have the same meanings as in the Jobseekers Act 1995; and

"relevant benefit" has the same meaning as in section 49.

Information provision.

51. - (1) A court in Great Britain shall, before making a relevant community order in relation to any person, explain to that person in ordinary language the consequences by virtue of sections 49 and 50 of a failure to comply with the order.

(2) The Secretary of State may by regulations require the Chief Probation Officer for any area in England and Wales, or such other person as may be prescribed, to notify the Secretary of State at the prescribed time and in the prescribed manner-

(a) of the laying by a person employed or appointed by a probation committee of any such information as is mentioned in section 49(1); and

(b) of any circumstances by virtue of which any payment or adjustment might fall to be made by virtue of section 49(6) or 50(5).

(3) The Secretary of State may by regulations require the chief social work officer for any area in Scotland, or such other person as may be prescribed, to notify the Secretary of State at the prescribed time and in the prescribed manner-

(a) of the laying by any of their officers of any such information as is mentioned in section 49(1); and

(b) of any circumstances by virtue of which any payment or adjustment might fall to be made by virtue of section 49(6) or 50(5).

(4) If it is shown, in any proceedings relating to the imposition of a restriction on the payment of benefit under section 49 or 50 in any case, that notification of the laying of an information in that case was given to the Secretary of State by-

(a) the Chief Probation Officer for any area in England and Wales,

(b) the chief social work officer for any area in Scotland, or

it shall be presumed, unless the contrary is shown, that whatever relating to the laying of an information was notified to the Secretary of State did in fact occur.

(5) The Secretary of State may by regulations make such provision as he thinks fit for the purposes of sections 49 to 53 of this Act about-

(a) the use by a person within subsection (6) of information relating to community orders or social security;

(b) the supply of such information by a person within that subsection to any other person (whether or not within that subsection); and

(6) The persons within this subsection are-

(a) the Secretary of State;

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

(7) Regulations under subsection (5) may, in particular, authorise information supplied to a person under the regulations-

(a) to be used for the purpose of amending or supplementing other information held by that person; and

(b) where so used, to be supplied to any other person to whom, and used for any purpose for which, the information amended or supplemented could be supplied or used.

(8) In this section "relevant community order" has the same meaning as in section 49.

Loss of benefit regulations.

52. - (1) In the loss of benefit provisions "prescribed" means prescribed by or determined in accordance with regulations made by the Secretary of State.

(2) Regulations prescribing a period for the purposes of any of the loss of benefit provisions may contain provision for determining the time from which the period is to run.

(3) Regulations under any of the loss of benefit provisions shall be made by statutory instrument which (except in the case of regulations to which subsection (4) applies) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) A statutory instrument containing (whether alone or with other provisions)-

(a) a provision prescribing benefits under the Social Security Contributions and Benefits Act 1992 as benefits that are to be relevant benefits for the purposes of section 49, or

(b) a provision that any description of order is to be a relevant community order for the purposes of that section,

shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5) Subsections (4) to (6) of section 189 of the Social Security Administration Act 1992 (supplemental and incidental powers etc.) shall apply in relation to any power to make regulations that is conferred by the loss of benefit provisions as they apply in relation to the powers to make regulations that are conferred by that Act.

(6) The provision that may be made in exercise of the powers to make regulations that are conferred by the loss of benefit provisions shall include different provision for different areas.

(7) In this section "the loss of benefit provisions" means sections 49 to 51 of this Act.

Loss of benefit: Scotland.

53. - (1) Sections 49 to 51 shall apply to Scotland subject to the following modifications.

(2) Any reference (however expressed) to the laying of an information shall be construed as a reference to the commencement of proceedings for breach of a relevant community order.

(3) In section 49-

(a) in subsection (6)-

(i) for paragraph (a) substitute-

"(a) the proceedings for breach of a relevant community order are discontinued,"

(ii) for "that information" substitute "the proceedings for breach of a relevant community order",

(b) in subsection (9)-

(i) in the definition of "relevant benefit" omit paragraph (d),

(ii) in the definition of "relevant community order", omit paragraphs (c) to (e).

(4) In section 50, references to an information shall be construed as references to proceedings for breach of a relevant community order.

(5) In section 51(6)(c) the reference to a probation committee shall be construed as a reference to a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(6) For the purposes of this section, references to the commencement of proceedings for the breach of a relevant community order are to the issue by a court, under section 232(1) (probation) or 239(4) (community service) of the Criminal Procedure (Scotland) Act 1995, of a warrant to arrest the offender or to cite him to appear before the court.

Insertion of references to the loss of benefit provisions.

54. - (1) In subsection (5) of section 170 of the Social Security Administration Act 1992 (definition of "relevant enactments" for the purposes of advice of Social Security Advisory) after paragraph (ae) there shall be inserted-

"(af) sections 49 to 52 of the Child Support, Pensions and Social Security Act 2000; and".

(2) In subsection (6) of that section (meaning of "relevant enactments" in Northern Ireland), after paragraph (ae)there shall be inserted-

"(af) any provisions in Northern Ireland which correspond to sections 49 to 52 of the Child Support, Pensions and Social Security Act 2000; and".

(3) In paragraph 3 of Schedule 3 to the Social Security Act 1998 (decisions against which an appeal lies), after sub-paragraph (d) there shall be inserted "; or

(e) section 49 or 50 of the Child Support, Pensions and Social Security Act 2000."

Investigation powers

Investigation powers.

55. Schedule 5 to this Act (which amends the enforcement provisions contained in Part VI of the Social Security Administration Act 1992) shall have effect.

Housing benefit

Recovery of benefit.

56. For subsection (3) of section 75 of the Social Security Administration Act 1992 (overpayments of housing benefit) there shall be substituted-

	"(3) An amount recoverable under this section shall be recoverable-
	(a) except in such circumstances as may be prescribed, from the person to whom it was paid; and
	(b) where regulations so provide, from such other person (as well as, or instead of, the person to whom it was paid) as may be prescribed."

Prepared 2 December 1999