|
| |
|
| |
| |
Transition relating to Part 1 |
| |
| |
| |
(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 |
| |
| |
(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 |
| |
(d) | make provision excluding the making of a claim for an employment |
| |
and support allowance by a person who is entitled to an existing |
| |
| |
Award of employment and support allowance for pre-commencement period |
| 25 |
| |
(a) | make provision for an employment and support allowance to be |
| |
awarded in prescribed circumstances for a period before the |
| |
| |
(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. |
| |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| 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 |
| |
(a) | make provision for converting existing awards into awards of an |
| |
employment and support allowance, and with respect to the terms of |
| |
| |
(b) | make provision for the termination of existing awards in prescribed |
| 35 |
| |
(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— |
| |
| |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
(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 |
| |
| 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). |
| |
| 25 |
| |
(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 |
| |
(b) | make provision for the review of an award of a transitional |
| |
| |
(c) | make provision for the termination of an award of a transitional |
| |
| 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). |
| |
|
| |
|
| |
|
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 |
| |
| 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. |
| |
| |
| 10 |
“appointed day” means the day appointed for the coming into force of |
| |
| |
“existing benefit” means— |
| |
(a) | incapacity benefit under section 30A of the Contributions and |
| |
| 15 |
(b) | severe disablement allowance under section 68 of that Act, |
| |
| |
(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). |
| |
| |
| |
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) |
| |
| |
“(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 |
| |
| |
““local authority” in relation to Scotland means a council |
| |
constituted under section 2 of the Local Government etc. |
| 35 |
| |
Social Security Administration Act 1992 (c. 5) |
| |
2 | The Administration Act is amended as follows. |
| |
3 | In section 134 (arrangements for housing benefit)— |
| |
|
| |
|
| |
|
(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 |
| |
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 |
| |
| |
5 | In section 139E (information about attainment of standards), in subsection |
| |
| 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. |
| |
| |
(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 |
| |
(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 |
| |
7 (1) | Section 139G (enforcement determinations) is amended as follows. |
| |
| |
(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 |
|
| |
|
| |
|
(3) | In subsections (3) and (5)(c), after “the standards” insert “or the taking of the |
| |
| |
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. |
| |
| |
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 |
| |
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. |
| |
|
| |
|