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Welfare Reform Bill


Welfare Reform Bill
Schedule 2 — Employment and support allowance: supplementary provisions

52

 

Schedule 2

Section 20

 

Employment and support allowance: supplementary provisions

Limited capability for work

1          

Regulations may make provision—

(a)   

for a person to be treated in prescribed circumstances as having, or

5

as not having, limited capability for work;

(b)   

for the question of whether a person has limited capability for work

to be determined notwithstanding that he is for the time being

treated by virtue of regulations under sub-paragraph (a) as having

limited capability for work;

10

(c)   

for the question of whether a person has limited capability for work

to be determined afresh in prescribed circumstances.

Waiting days

2          

Except in prescribed circumstances, a person is not entitled to an

employment and support allowance in respect of a prescribed number of

15

days at the beginning of a period of limited capability for work.

Periods of less than a week

3          

Regulations may make provision in relation to—

(a)   

entitlement to an employment and support allowance, or

(b)   

the amount payable by way of such an allowance,

20

           

in respect of any period of less than a week.

Linking periods

4     (1)  

Regulations may provide for circumstances in which a period of limited

capability for work which is separated from another period of limited

capability for work by not more than a prescribed length of time is to be

25

treated for the purposes of this Part as a continuation of the earlier period.

      (2)  

Regulations may provide, in relation to periods which are linked by virtue

of regulations under sub-paragraph (1), that a condition which was satisfied

in relation to the earlier period is to be treated for the purposes of this Part

as satisfied in relation to the later period.

30

Presence in Great Britain

5          

Regulations may make provision for the purposes of this Part as to the

circumstances in which a person is to be treated as being, or not being, in

Great Britain.

Contributory allowance: entitlement in case of absence from Great Britain

35

6          

Regulations may provide that in prescribed circumstances a claimant who is

not in Great Britain may nevertheless be entitled to a contributory

allowance.

 

 

Welfare Reform Bill
Schedule 2 — Employment and support allowance: supplementary provisions

53

 

Contributory allowance: modification in relation to employment on ships etc.

7     (1)  

Regulations may modify any provision of this Part, so far as relating to a

contributory allowance, in its application to any person who is, has been, or

is to be—

(a)   

employed on board any ship, vessel, hovercraft or aircraft,

5

(b)   

outside Great Britain at any prescribed time or in any prescribed

circumstances, or

(c)   

in prescribed employment in connection with continental shelf

operations.

      (2)  

Regulations under this paragraph may, in particular, provide—

10

(a)   

for any provision of this Part to apply even though it would not

otherwise apply;

(b)   

for any such provision not to apply even though it would otherwise

apply;

(c)   

for the taking of evidence, in a country or territory outside Great

15

Britain, by a consular official or other prescribed person;

(d)   

for enabling the whole, or any part, of a contributory allowance to be

paid to such of the claimant’s dependants as may be prescribed.

      (3)  

In this paragraph, “continental shelf operations” has the same meaning as in

section 120 of the Contributions and Benefits Act.

20

Income-related allowance: entitlement in case of absence from Great Britain

8     (1)  

Regulations may provide that in prescribed circumstances a claimant who is

entitled to an income-related allowance immediately before ceasing to be in

Great Britain continues to be entitled to such an allowance after ceasing to

be in Great Britain.

25

      (2)  

Regulations may modify any provision of this Part, so far as relating to an

income-related allowance, in its application to a person who is entitled to

such an allowance by virtue of regulations under sub-paragraph (1).

      (3)  

Regulations under sub-paragraph (2) may, in particular, provide—

(a)   

for any provision of this Part to apply even though it would not

30

otherwise apply;

(b)   

for any such provision not to apply even though it would otherwise

apply.

Limited capability for work-related activity

9          

Regulations may make provision—

35

(a)   

for a person to be treated in prescribed circumstances as having, or

as not having, limited capability for work-related activity;

(b)   

for the question of whether a person has limited capability for work-

related activity to be determined afresh in prescribed circumstances.

Effect of work

40

10         

Regulations may prescribe circumstances in which a person is to be treated

as not entitled to an employment and support allowance because of his

doing work.

 

 

Welfare Reform Bill
Schedule 2 — Employment and support allowance: supplementary provisions

54

 

Treatment of allowance as “benefit”

11         

Regulations may provide for—

(a)   

an employment and support allowance,

(b)   

a contributory allowance, or

(c)   

an income-related allowance,

5

           

to be treated, for prescribed purposes of the Contributions and Benefits Act,

as a benefit, or a benefit of a prescribed description.

Attribution of reductions in cases where allowance taken to consist of two elements

12         

Where an employment and support allowance is taken by virtue of section

6(5) to consist of two elements, any reduction in the amount payable in

10

respect of the allowance which falls to be made by virtue of—

(a)   

section 10,

(b)   

section 11,

(c)   

section 12, or

(d)   

section 2AA of the Administration Act (full entitlement to certain

15

benefits conditional on work-focused interview for partner),

           

shall be treated as reducing such of those elements by such amount as may

be prescribed.

Treatment of information supplied as information relating to social security

13         

Information supplied in pursuance of regulations under any of sections 8 to

20

12 shall be taken for all purposes to be information relating to social security.

Advance claims

14         

This Part shall have effect with prescribed modifications in relation to cases

where a claim to an employment and support allowance is by virtue of

regulations under section 5(1)(c) of the Administration Act (advance claims)

25

made, or treated as if made, for a period wholly or partly after the date on

which it is made.

Members of the forces

15    (1)  

Regulations may modify—

(a)   

any provision of this Part, or

30

(b)   

any corresponding provision made for Northern Ireland,

           

in its application to persons who are or have been members of Her Majesty’s

forces.

      (2)  

For the purposes of this paragraph, Her Majesty’s forces shall be taken to

consist of prescribed establishments and organisations in which persons

35

serve under the control of the Defence Council.

 

 

Welfare Reform Bill
Schedule 3 — Consequential amendments relating to Part 1

55

 

Schedule 3

Section 25

 

Consequential amendments relating to Part 1

Child Support Act 1991 (c. 48)

1     (1)  

The Child Support Act 1991 is amended as follows.

      (2)  

In section 6 (applications by those claiming or receiving benefit), in

5

subsection (1), after “income-based jobseeker’s allowance” insert “, an

income-related employment and support allowance”.

      (3)  

In section 46 (reduced benefit decisions), in subsection (10)(c) (definition of

“relevant benefit”), for “or an income-based jobseeker’s allowance”

substitute “, an income-based jobseeker’s allowance, an income-related

10

employment and support allowance”.

      (4)  

In section 54 (interpretation), after the definition of “income-based

jobseeker’s allowance” insert—

““income-related employment and support allowance” means

an income-related allowance under Part 1 of the Welfare

15

Reform Act 2006 (employment and support allowance);”.

Criminal Justice Act 1991 (c. 53)

2          

In section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by

deduction from income support)—

(a)   

in subsections (1) and (2)(d), for “or state pension credit” substitute

20

“, state pension credit or an income-related employment and support

allowance”;

(b)   

in subsection (4), after the definition of “fine” insert—

““income-related employment and support allowance”

means an income-related allowance under Part 1 of

25

the Welfare Reform Act 2006 (employment and

support allowance);”.

Social Security Contributions and Benefits Act 1992 (c. 4)

3     (1)  

The Contributions and Benefits Act is amended as follows.

      (2)  

In section 22 (earnings factors)—

30

(a)   

in subsection (2) (purposes for which a person may be treated as

having annual earnings factors), in paragraph (a), after “jobseeker’s

allowance” insert “, to a contributory employment and support

allowance”;

(b)   

in subsection (5) (power to provide for crediting earnings or Class 2

35

contributions), after “jobseeker’s allowance” insert “, to a

contributory employment and support allowance”.

      (3)  

At the end of section 22 insert—

“(8)   

In this section, “contributory employment and support allowance”

means a contributory allowance under Part 1 of the Welfare Reform

40

Act 2006 (employment and support allowance).”

      (4)  

Sections 30A to 30E (incapacity benefit) cease to have effect.

 

 

Welfare Reform Bill
Schedule 3 — Consequential amendments relating to Part 1

56

 

      (5)  

In section 124 (income support), in subsection (1), after paragraph (g) insert

“; and

(h)   

he is not entitled to an employment and support allowance

and, if he is a member of a couple, the other member of the

couple is not entitled to an income-related employment and

5

support allowance.”

      (6)  

At the end of section 124 insert—

“(7)   

In this section, “income-related employment and support allowance”

means an income-related allowance under Part 1 of the Welfare

Reform Act 2006 (employment and support allowance).”

10

      (7)  

In section 150 (interpretation of Part 10: Christmas bonus)—

(a)   

in subsection (1) (definition of “qualifying benefit”), after paragraph

(b) insert—

“(ba)   

a qualifying employment and support allowance;”;

(b)   

in subsection (2), after the definition of “the qualifying age for state

15

pension credit” insert—

““qualifying employment and support allowance”

means an employment and support allowance under

Part 1 of the Welfare Reform Act 2006 the calculation

of the amount of which includes an addition in

20

respect of the support component or the work-related

activity component;”.

      (8)  

Sections 171A to 171G (incapacity for work) cease to have effect.

Social Security Administration Act 1992 (c. 5)

4     (1)  

The Administration Act is amended as follows.

25

      (2)  

In section 1 (entitlement to benefit dependent on claim), in subsection (4)

(definition of “benefit”), after “state pension credit;” insert—

“(ac)   

an employment and support allowance;”.

      (3)  

In section 2AA (full entitlement to certain benefits conditional on work-

focused interview for partner) in subsection (2) (benefits to which section

30

applies), at the end insert “; and

(f)   

an employment and support allowance.”

      (4)  

In section 5 (regulations about claims for and payments of benefit), in

subsection (2) (benefits to which section applies), after paragraph (ab)

insert—

35

“(ac)   

an employment and support allowance;”.

      (5)  

In section 15A (payment out of benefit of sums in respect of mortgage

interest etc.)—

(a)   

in subsection (1) (cases in which section applies), for “or an income-

based jobseeker’s allowance”, in each place, substitute “, an income-

40

based jobseeker’s allowance or an income-related employment and

support allowance”;

(b)   

in subsection (4), in the definition of “qualifying associate”, for “or

state pension credit” substitute “, state pension credit or an income-

related employment and support allowance” and for “or the State

45

 

 

Welfare Reform Bill
Schedule 3 — Consequential amendments relating to Part 1

57

 

Pension Credit Act 2002” substitute “, the State Pension Credit Act

2002 or Part 1 of the Welfare Reform Act 2006”;

(c)   

in that subsection, in the definition of “relevant benefits”, after

paragraph (c) insert—

“(d)   

an employment and support allowance;”.

5

      (6)  

In section 71 (overpayments), in subsection (11) (benefits to which section

applies), after paragraph (ab) insert—

“(ac)   

an employment and support allowance;”.

      (7)  

In section 73 (overlapping benefits)—

(a)   

in subsection (1), after “contribution-based jobseeker’s allowance”

10

insert “or a contributory employment and support allowance”;

(b)   

in subsection (4), at the end of paragraph (b) insert “or

(c)   

a contributory employment and support allowance,”.

      (8)  

In section 74 (income support and other payments)—

(a)   

in subsections (1)(b) and (2)(b), for “or state pension credit”

15

substitute “, state pension credit or an income-related employment

and support allowance”;

(b)   

in subsection (3)(b), for “or an income-based jobseeker’s allowance”,

in each place, substitute “, an income-based jobseeker’s allowance or

an income-related employment and support allowance”.

20

      (9)  

In section 105 (failure to maintain)—

(a)   

in subsection (1)(b), for “or an income-based jobseeker’s allowance”

substitute “, an income-based jobseeker’s allowance or an income-

related employment and support allowance”;

(b)   

in subsection (4), after “an income-based jobseeker’s allowance”

25

insert “or an income-related employment and support allowance”.

     (10)  

In section 121DA (interpretation of Part 6), in subsection (1) (definition of

“relevant social security legislation”), after paragraph (hh) insert—

“(hi)   

Part 1 of the Welfare Reform Act 2006;”.

     (11)  

In section 122ZA (supply of tax information to assess certain employment or

30

training schemes), in subsection (6)(b), after “the Jobseekers Act 1995 (c. 18)”

insert “, Part 1 of the Welfare Reform Act 2006”.

     (12)  

In section 122B (supply of other government information for fraud

prevention and verification), in subsection (3)(b), after “the Jobseekers Act

1995” insert “, Part 1 of the Welfare Reform Act 2006”.

35

     (13)  

In section 122C (supply of information to authorities administering benefit),

in subsection (6)(b), after “the Jobseekers Act 1995” insert “, Part 1 of the

Welfare Reform Act 2006”.

     (14)  

In section 124 (provisions relating to age, death and marriage), in subsection

(1), before “and” at the end of paragraph (ab) insert—

40

“(ac)   

of the provisions of Part 1 of the Welfare Reform Act 2006;”.

     (15)  

In section 125 (regulations as to notification of death), in subsection (1), after

“the State Pension Credit Act 2002” insert “, Part 1 of the Welfare Reform Act

2006”.

     (16)  

In section 126 (personal representatives to give information about the estate

45

of a deceased person who was in receipt of certain benefits), in subsection

 

 

Welfare Reform Bill
Schedule 3 — Consequential amendments relating to Part 1

58

 

(1), after “state pension credit” insert “, an income-related employment and

support allowance”.

     (17)  

In section 132 (power to require employers to provide information in

connection with claims to certain benefits), in subsection (1), after paragraph

(a) insert—

5

“(aa)   

an employment and support allowance;”.

     (18)  

In section 150(7) (power to include in annual up-rating order provision for

increase in sums not required to be up-rated), for “or the State Pension

Credit Act 2002” substitute “, the State Pension Credit Act 2002 or Part 1 of

the Welfare Reform Act 2006”.

10

     (19)  

In section 159B (effect of alterations affecting state pension credit)—

(a)   

before “or” at the end of subsection (1)(b)(iii) insert—

“(iiia)   

in any component of a contributory

employment and support allowance,”;

(b)   

in subsection (6), in the definition of “component”, at the end insert—

15

“(c)   

in relation to a contributory employment and

support allowance, means any of the sums

specified in regulations under Part 1 of the

Welfare Reform Act 2006 which are relevant

in calculating the amount payable by way of a

20

contributory employment and support

allowance;”.

     (20)  

After section 159B insert—

“159C   

Effect of alteration of rates of an employment and support allowance

(1)   

Subject to such exceptions and conditions as may be prescribed,

25

subsection (2) or (3) shall have effect where—

(a)   

an award of an employment and support allowance is in

force in favour of any person (“the recipient”), and

(b)   

an alteration—

(i)   

in any component of the allowance,

30

(ii)   

in the recipient’s benefit income, or

(iii)   

in the recipient’s war disablement or war widow’s or

widower’s pension,

   

affects the computation of the amount of the employment

and support allowance to which he is entitled.

35

(2)   

Where, as a result of the alteration, the amount of the employment

and support allowance to which the recipient is entitled is increased

or reduced, then, as from the commencing date, the amount of the

employment and support allowance payable in the case of the

recipient under the award shall be the increased or reduced amount,

40

without any further decision of the Secretary of State; and the award

shall have effect accordingly.

(3)   

Where, notwithstanding the alteration, the recipient continues on

and after the commencing date to be entitled to the same amount by

way of an employment and support allowance as before, the award

45

shall continue in force accordingly.

 

 

 
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