Welfare Reform Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Part 4 — Miscellaneous
43

(b)
for paragraph (c) substitute—
“(c)
if neither of the preceding paragraphs applies but he left
a person who was residing with him and with whom he
was in a qualifying relationship, that person;”.
(2)
After subsection (2) of that section insert—
5
“(2A)
For the purposes of subsection (1)(c)—
(a)
two persons of the opposite sex are in a qualifying relationship
if they are living together as husband and wife;
(b)
two persons of the same sex are in a qualifying relationship if
they are living together as if they were civil partners.
10
(2B)
For the purposes of subsection (2A)(b), two persons of the same sex are
to be regarded as living together as if they were civil partners if, but
only if, they would be regarded as living together as husband and wife
were they instead two people of the opposite sex.”
(3)
Subsection (5) of that section (application of subsection (1) to Scotland:
15
substitution of paragraph (c)) ceases to have effect.
(4)
In Schedule 21 to the Civil Partnership Act 2004 (c. 33) (existing provisions to
which the provisions of section 246 about interpretation of references to
stepchildren apply), after paragraph 11 insert—
“11A
Section 3(4) of the Pneumoconiosis etc. (Workers’ Compensation)
20
Act 1979 (“child” and “relative”: establishment of relationship).”
Other
57
Power to stop payment of allowances to care home residents
(1)
In section 67 of the Contributions and Benefits Act (exclusions relating to
attendance allowance) for subsection (2) substitute—
25
“(2)
Regulations may provide that an attendance allowance shall not be
payable in respect of a person for a period when he is a resident of a
care home in circumstances in which any of the costs of any qualifying
services provided for him are borne out of public or local funds under
a specified enactment.
30
(3)
The reference in subsection (2) to a care home is to an establishment that
provides accommodation together with nursing or personal care.
(4)
The following are qualifying services for the purposes of subsection
(2)—
(a)
accommodation,
35
(b)
board, and
(c)
personal care.
(5)
The reference in subsection (2) to a specified enactment is to an
enactment which is, or is of a description, specified for the purposes of
that subsection by regulations.
40
(6)
The power to specify an enactment for the purposes of subsection (2)
includes power to specify it only in relation to its application for a
particular purpose.

Welfare Reform Bill
Part 4 — Miscellaneous
44

(7)
In this section, “enactment” includes an enactment comprised in, or in
an instrument made under, an Act of the Scottish Parliament.”
(2)
In section 72 of that Act (care component of disability living allowance), for
subsection (8) substitute—
“(8)
Regulations may provide that no amount in respect of a disability
5
living allowance which is attributable to entitlement to the care
component shall be payable in respect of a person for a period when he
is a resident of a care home in circumstances in which any of the costs
of any qualifying services provided for him are borne out of public or
local funds under a specified enactment.
10
(9)
The reference in subsection (8) to a care home is to an establishment that
provides accommodation together with nursing or personal care.
(10)
The following are qualifying services for the purposes of subsection
(8)—
(a)
accommodation,
15
(b)
board, and
(c)
personal care.
(11)
The reference in subsection (8) to a specified enactment is to an
enactment which is, or is of a description, specified for the purposes of
that subsection by regulations.
20
(12)
The power to specify an enactment for the purposes of subsection (8)
includes power to specify it only in relation to its application for a
particular purpose.
(13)
In this section, “enactment” includes an enactment comprised in, or in
an instrument made under, an Act of the Scottish Parliament.”
25
58
Independent Living Funds
(1)
In section 1(1) of the Disability (Grants) Act 1993 (c. 14) (which lists the
organisations to which grants may be made by the Secretary of State)—
(a)
paragraphs (a) and (b) (Independent Living (Extension) Fund and
Independent Living (1993) Fund) cease to have effect;
30
(b)
after paragraph (c) insert “, and
(d)
the Independent Living Fund (2006) established by a
deed dated 10th April 2006 and made between the
Secretary of State for Work and Pensions of the one part
and Margaret Rosemary Cooper, Michael Beresford
35
Boyall and Marie Theresa Martin of the other part.”
(2)
In section 1(4) of that Act (modifications for Northern Ireland), in paragraph (a)
(which substitutes for the Secretary of State the relevant Northern Ireland
department), after “(other than the reference in subsection (1)(a) to the
Secretary of State for Social Security” insert “and the reference in subsection
40
(1)(d) to the Secretary of State for Work and Pensions”.
(3)
The Secretary of State may by order made by statutory instrument amend or
revoke any enactment contained in subordinate legislation (within the
meaning of the Interpretation Act 1978 (c. 30)) if he considers it appropriate to
do so in consequence of the amendments made by this section.
45

Welfare Reform Bill
Part 5 — General
45

(4)
A statutory instrument containing an order under subsection (3) shall be
subject to annulment in pursuance of a resolution of either House of
Parliament.
(5)
The Department for Social Development in Northern Ireland may by order
made by statutory rule for the purposes of the Statutory Rules (Northern
5
Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) amend or revoke any enactment
contained in an instrument within the meaning of section 1(c) of the
Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) if it considers it
appropriate to do so in consequence of the amendments made by this section.
(6)
A statutory rule containing an order under subsection (5) shall be subject to
10
negative resolution within the meaning of section 41(6) of the Interpretation
Act (Northern Ireland) 1954 (c. 33 (N.I.)).
59
Minor and consequential amendments relating to Part 4
Schedule 7 (which makes miscellaneous minor amendments and amendments
consequential on this Part) has effect.
15
Part 5
General
60
Northern Ireland
(1)
This section applies to an Order in Council under paragraph 1(1) of the
Schedule to the Northern Ireland Act 2000 (c. 1) (legislation for Northern
20
Ireland during suspension of devolved government) which contains a
statement that it is made only for purposes corresponding to those of this Act.
(2)
Such an Order—
(a)
is not subject to paragraph 2 of that Schedule (affirmative resolution of
both Houses of Parliament), but
25
(b)
is subject to annulment in pursuance of a resolution of either House of
Parliament.
61
General interpretation
In this Act—
“Administration Act” means the Social Security Administration Act 1992
30
(c. 5);
“Contributions and Benefits Act” means the Social Security Contributions
and Benefits Act 1992 (c. 4).
62
Financial provisions: general
(1)
There shall be paid out of money provided by Parliament—
35
(a)
any expenditure incurred by the Secretary of State in consequence of Parts 2
to 4 of this Act, and
(b)
any increase attributable to this Act in the sums payable out of money so
provided under any other enactment.
(2)
There shall be paid into the Consolidated Fund any increase attributable to this Act in
40
the sums payable into that Fund under any other enactment.

Welfare Reform Bill
Part 5 — General
46

63
Repeals
The enactments specified in Schedule 8 are hereby repealed to the extent
specified.
64
Transition
(1)
The Secretary of State may by order made by statutory instrument make in
5
connection with the coming into force of any provision of this Act such
transitional provision or savings as he considers necessary or expedient.
(2)
The power under subsection (1) includes power to make—
(a)
different provision for different cases or areas;
(b)
incidental, supplementary and consequential provision.
10
(3)
The power under subsection (1) is not exercisable in respect of any matter for
which provision may be made under Schedule 4.
65
Extent
(1)
Subject to the following provisions, this Act extends to England and Wales and
Scotland only.
15
(2)
Sections 39(1) to (10) and 40 extend to England and Wales only.
(3)
The following provisions also extend to Northern Ireland—
(a)
sections 30(7), 46, 53, 54, 58, 60, 61, 64, this section and sections 66 and
67,
(b)
paragraph 15 of Schedule 2, and sections 20 to 23 so far as relating
20
thereto,
(c)
paragraphs 4(23), 6(1) and (2) and 8 of Schedule 3, and section 25 so far
as relating thereto,
(d)
paragraph 1 of Schedule 7, and section 59 so far as relating thereto, and
(e)
Schedule 8, so far as relating to the Vaccine Damage Payments Act 1979
25
(c. 17), the Disability (Grants) Act 1993 (c. 14), section 2 of the Social
Security Act 1998 (c. 14) and the Income Tax (Earnings and Pensions)
Act 2003 (c. 1), and section 63 so far as relating thereto.
(4)
The following provisions extend to Northern Ireland only—
(a)
section 42, and
30
(b)
Schedule 8, so far as relating to the Social Security Administration
(Northern Ireland) Act 1992 (c. 8), and section 63 so far as relating
thereto.
(5)
The following provisions also extend to the Isle of Man—
(a)
sections 53 and 54, section 64, this section and sections 66 and 67,
35
(b)
paragraph 1 of Schedule 7, and section 59 so far as relating thereto, and
(c)
Schedule 8, so far as relating to the Vaccine Damage Payments Act 1979,
and section 63 so far as relating thereto.
66
Commencement
(1)
The following provisions shall come into force at the end of the period of 2
40
months beginning with the day on which this Act is passed—
(a)
sections 38(2) and (3), 41, 42, 51, 52, 56 and 58(1)(b) and (2) to (6),

Welfare Reform Bill
Part 5 — General
47

(b)
paragraphs 1 to 4, 10, 11 and 14 of Schedule 5, and section 37 so far as
relating thereto,
(c)
paragraphs 2(1) and (3), 3 and 4 of Schedule 7, and section 59 so far as
relating thereto, and
(d)
Schedule 8, so far as relating to—
5
(i)
section 3(5) of the Pneumoconiosis etc. (Workers’
Compensation) Act 1979 (c. 41),
(ii)
section 140(1A) of the Contributions and Benefits Act,
(iii)
sections 71(5), 71ZA, 134(8)(a) and 168(3)(d) of the
Administration Act,
10
(iv)
section 69(5) of the Social Security Administration (Northern
Ireland) Act 1992 (c. 8),
(v)
Schedule 13 to the Local Government etc. (Scotland) Act 1994
(c. 39),
(vi)
section 38(7)(a) of, and paragraph 81(2) of Schedule 7 to, the
15
Social Security Act 1998 (c. 14), and
(vii)
paragraph 65 of Schedule 24 to the Civil Partnership Act 2004
(c. 33),

and section 63 so far as relating thereto.
(2)
The remaining provisions of this Act, except—
20
(a)
this section,
(b)
sections 60, 61, 62, 64, 65 and 67, and
(c)
paragraph 8 of Schedule 5, and section 37 so far as relating thereto,

shall come into force on such day as the Secretary of State may by order made
by statutory instrument appoint, and different days may be so appointed for
25
different purposes.
67
Short title
This Act may be cited as the Welfare Reform Act 2006.