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Welfare Reform Bill


Welfare Reform Bill
Schedule 4 — Transition relating to Part 1

64

 

Schedule 4

Section 26

 

Transition relating to Part 1

Pre-commencement claims

1          

Regulations may—

(a)   

make provision for a claim for an existing benefit which is made

5

before the appointed day to be treated wholly or partly as a claim for

an employment and support allowance;

(b)   

make provision for the purpose of enabling claims for an

employment and support allowance to be made before the

appointed day for a period beginning on or after that day.

10

Post-commencement claims

2          

Regulations may—

(a)   

make provision excluding the making of a claim for an existing

benefit on or after the appointed day;

(b)   

make provision for a claim which is made on or after the appointed

15

day in circumstances where the making of a claim is excluded by

virtue of regulations under sub-paragraph (a) to be treated as a claim

for an employment and support allowance;

(c)   

make provision for a claim for an employment and support

allowance to be treated wholly or partly as a claim for an existing

20

benefit;

(d)   

make provision excluding the making of a claim for an employment

and support allowance by a person who is entitled to an existing

benefit.

Award of employment and support allowance for pre-commencement period

25

3          

Regulations may—

(a)   

make provision for an employment and support allowance to be

awarded in prescribed circumstances for a period before the

appointed day;

(b)   

make provision with respect to conditions of entitlement in relation

30

to an award under sub-paragraph (a) and the amount payable by

way of an allowance under such an award.

Matching of awards of employment and support allowance

4     (1)  

For the purposes of this paragraph, an award of an employment and support

allowance is one that falls to be made on matching terms if—

35

(a)   

it is made in pursuance of a claim by a person who was previously

entitled to an existing benefit,

(b)   

but for regulations under paragraph 2(a), he could have made a

further claim for that benefit, and

(c)   

an award in pursuance of the further claim would have been made

40

on the basis of the linking of periods of incapacity for work.

      (2)  

Regulations may—

 

 

Welfare Reform Bill
Schedule 4 — Transition relating to Part 1

65

 

(a)   

make provision for the purpose of securing that an award of an

employment and support allowance that falls to be made on

matching terms is made on terms which match in whole or part the

award that would have been made in pursuance of a further claim to

the existing benefit;

5

(b)   

make provision for the modification of matched awards for the

purpose of securing that the person with the award is put in the

position he would have been had he been made an award of the

existing benefit which was then the subject of conversion under

paragraph 6.

10

      (3)  

In sub-paragraph (2)(b), the reference to matched awards is to awards of an

employment and support allowance that have been the subject of matching

in pursuance of regulations under sub-paragraph (2)(a).

5     (1)  

For the purposes of this paragraph an award of an employment and support

allowance is one which falls to be made on matching terms if—

15

(a)   

it is made in pursuance of a claim by a person who was previously

entitled to an existing benefit,

(b)   

had he continued to be entitled to that benefit, his award would have

been the subject of conversion under paragraph 6 before the date of

his claim for an employment and support allowance,

20

(c)   

but for regulations under paragraph 2(a), he could have made a

further claim for that benefit, and

(d)   

an award in pursuance of the further claim would have been made

on the basis of the linking of periods of incapacity for work.

      (2)  

Regulations may make provision for the purpose of securing that an award

25

of an employment and support allowance that falls to be made on matching

terms is made on terms which match in whole or part the award that would

have resulted from conversion under paragraph 6 had entitlement to the

existing benefit continued.

Treatment of awards of existing benefit

30

6     (1)  

Regulations may—

(a)   

make provision for converting existing awards into awards of an

employment and support allowance, and with respect to the terms of

conversion;

(b)   

make provision for the termination of existing awards in prescribed

35

circumstances.

      (2)  

Regulations under sub-paragraph (1)(a) may, in particular—

(a)   

make provision for conversion of an existing award—

(i)   

on application, in accordance with the regulations, by the

person entitled to the award, or

40

(ii)   

without application;

(b)   

make provision about the conditions to be satisfied in relation to an

application for conversion;

(c)   

make provision about the timing of conversion;

(d)   

provide for an existing award to have effect after conversion as an

45

award of an employment and support allowance—

(i)   

of such a kind,

(ii)   

for such period,

 

 

Welfare Reform Bill
Schedule 4 — Transition relating to Part 1

66

 

(iii)   

of such an amount, and

(iv)   

subject to such conditions,

   

as the regulations may provide;

(e)   

make provision for determining in connection with conversion of an

existing award whether a person has limited capability for work-

5

related activity.

      (3)  

Regulations under sub-paragraph (1)(a) may, in relation to existing awards

which have been the subject of conversion under this paragraph, include

provision about revision under section 9 of the Social Security Act 1998

(c. 14), or supersession under section 10 of that Act in respect of the period

10

before conversion.

      (4)  

In this paragraph, “existing award” means—

(a)   

an award of incapacity benefit under section 30A of the

Contributions and Benefits Act;

(b)   

an award which has effect by virtue of regulation 17(1) of the Social

15

Security (Incapacity Benefit) (Transitional) Regulations 1995 (S.I.

1995/310) as if it were an award of long-term incapacity benefit

(former invalidity benefit);

(c)   

an award of severe disablement allowance under section 68 of that

Act;

20

(d)   

an award of income support under section 124 of that Act by virtue

of paragraph 7(a) or (b) of Schedule 1B to the Income Support

(General) Regulations 1987 (S.I. 1987/1967) (income support on

grounds of incapacity for work).

Transitional allowances

25

7          

Regulations may—

(a)   

make provision for a person’s continuing entitlement to an

employment and support allowance awarded by virtue of

regulations under paragraph 6 (a “transitional allowance”) to be

determined by reference to such provision as may be made by the

30

regulations;

(b)   

make provision for the review of an award of a transitional

allowance;

(c)   

make provision for the termination of an award of a transitional

allowance;

35

(d)   

make provision for this Part to have effect with prescribed

modifications in relation to a person with a transitional allowance;

(e)   

make provision for the purpose of enabling a transitional allowance

to be revised under section 9 of the Social Security Act 1998 or

superseded under section 10 of that Act.

40

8     (1)  

Regulations may prescribe circumstances in which a person who is entitled

to a transitional allowance immediately before reaching pensionable age is

to be treated as having satisfied the condition in paragraph 5(2) of Schedule

3 to the Contributions and Benefits Act (first contribution condition for

entitlement to state pension).

45

      (2)  

In this paragraph, “pensionable age” has the meaning given by the rules in

paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26).

 

 

Welfare Reform Bill
Schedule 5 — Minor and consequential amendments relating to Part 2

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Post-commencement up-rating of incapacity benefit and severe disablement allowance

9          

Regulations may provide for section 150 of the Administration Act (annual

up-rating of benefits), so far as relating to—

(a)   

incapacity benefit under section 30A of the Contributions and

Benefits Act, or

5

(b)   

severe disablement allowance under section 68 of that Act,

           

to have effect with prescribed modifications in relation to tax years

beginning on or after the appointed day.

Interpretation

10         

In this Schedule—

10

“appointed day” means the day appointed for the coming into force of

section 1;

“existing benefit” means—

(a)   

incapacity benefit under section 30A of the Contributions and

Benefits Act,

15

(b)   

severe disablement allowance under section 68 of that Act,

and

(c)   

income support under section 124 of that Act by virtue of

paragraph 7(a) or (b) of Schedule 1B to the Income Support

(General) Regulations 1987 (S.I. 1987/1967);

20

“transitional allowance” has the meaning given by paragraph 7(a).

Schedule 5

Section 37

 

Minor and consequential amendments relating to Part 2

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

1     (1)  

The Contributions and Benefits Act is amended as follows.

25

      (2)  

In section 123(4) (income-related benefits), for the words before paragraph

(a) substitute “Each billing authority and in Scotland each local authority”.

      (3)  

In section 130(2) (housing benefit: qualifying payments), for paragraph (a)

substitute—

“(a)   

payments to a billing authority or to a local authority in

30

Scotland in respect of council tax;”.

      (4)  

In section 137(1) (interpretation of Part 7), after the definition of “industrial

injuries scheme” insert—

““local authority” in relation to Scotland means a council

constituted under section 2 of the Local Government etc.

35

(Scotland) Act 1994;”.

Social Security Administration Act 1992 (c. 5)

2          

The Administration Act is amended as follows.

3          

In section 134 (arrangements for housing benefit)—

 

 

Welfare Reform Bill
Schedule 5 — Minor and consequential amendments relating to Part 2

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(a)   

in subsection (8)(a) before “war” in each place insert “prescribed”;

(b)   

in that subsection omit “or surviving civil partner’s”;

(c)   

after subsection (13) insert—

“(14)   

In this section “war widow’s pension” includes any

corresponding pension payable to a widower or surviving

5

civil partner.”

4          

In section 139 (arrangements for council tax benefit)—

(a)   

in subsection (6)(a) before “war” in each place insert “prescribed”;

(b)   

in subsection (11) omit the definition of “war disablement pension”

and for the definition of “war widow’s pension” substitute—

10

““war widow’s pension” includes any corresponding

pension payable to a widower or surviving civil

partner.”

5          

In section 139E (information about attainment of standards), in subsection

(1)—

15

(a)   

for “section 139D(3)” substitute “section 139D(3A) or (3B)”;

(b)   

after paragraph (a) insert—

“(aa)   

whether the authority has taken the action which it

has been directed to take;”;

(c)   

in paragraph (b) after “those standards” insert “or take that action”.

20

6     (1)  

Section 139F (enforcement notices) is amended as follows.

      (2)  

In subsection (1)—

(a)   

for “section 139D(3)” substitute “section 139D(3A) or (3B)”;

(b)   

after paragraph (a) insert—

“(aa)   

is not satisfied that the authority has taken the action

25

which it has been directed to take;”;

(c)   

in paragraph (b) after “those standards” insert “or take that action”.

      (3)  

In subsection (2)(a), after “paragraph (a)” insert “, (aa)”.

      (4)  

In subsection (4), at the beginning insert “If the notice identifies directions

under section 139D(3A),”.

30

      (5)  

After subsection (4) insert—

“(4A)   

If the notice identifies directions under section 139D(3B), the

authority’s response shall either—

(a)   

state that the authority has taken the action, or is likely to take

it within the time specified in the directions, and justify that

35

statement; or

(b)   

state that the authority has not taken the action, or is not

likely to take it within that time, and (if the authority wishes)

give reasons why a determination under section 139G below

should not be made or should not include any particular

40

provision.”

7     (1)  

Section 139G (enforcement determinations) is amended as follows.

      (2)  

In subsection (1)—

(a)   

in paragraph (a) after “the standards” insert “or taken the action”;

(b)   

in paragraph (b) after “those standards” insert “or take that action”.

45

 

 

Welfare Reform Bill
Schedule 5 — Minor and consequential amendments relating to Part 2

69

 

      (3)  

In subsections (3) and (5)(c), after “the standards” insert “or the taking of the

action”.

8     (1)  

In section 140A(2)(c) (subsidies to certain authorities), for “or levying

authority” substitute “and to each local authority in Scotland”.

      (2)  

Sub-paragraph (1) must be taken to have had effect from 1 April 1997 (the

5

date of the coming into force of section 140A of that Act).

9          

In section 140B(5A) (calculation of amount of subsidy), for “section 139D(3)”

substitute “section 139D(3A) or (3B)”.

10         

In section 191 (interpretation), in the definition of “prescribe” at the end

insert “and “prescribed” must be construed accordingly”.

10

Local Government etc.(Scotland) Act 1994 (c. 39)

11         

In Schedule 13 to the Local Government etc. (Scotland) Act 1994 (minor and

consequential amendments)—

(a)   

paragraph 174(4) is omitted;

(b)   

paragraph 175(3) extends also to England and Wales and,

15

accordingly, the amendments made by that sub-paragraph extend

also to England and Wales.

Housing Act 1996 (c. 52)

12         

In section 122(5) of the Housing Act 1996 for “regulations or order as are

mentioned in subsection (3) or (4)” substitute “order as is mentioned in

20

subsection (4)”.

Child Support, Pensions and Social Security Act 2000 (c. 19)

13         

In Schedule 7 to the Child Support, Pensions and Social Security Act 2000

(housing benefit and council tax benefit: revisions and appeals), in

paragraph 1(2), after paragraph (b) insert—

25

“(c)   

a decision of a relevant authority under or by virtue of

section 75 or 76 of the Administration Act that an amount

of housing benefit or council tax benefit is recoverable;”.

Civil Partnership Act 2004 (c. 33)

14         

In Schedule 24 to the Civil Partnership Act 2004 (amendments relating to

30

social security, child support and tax credits), omit paragraph 65.

 

 

 
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