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Welfare Reform Bill


Welfare Reform Bill
Part 1 — Employment and support allowance

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21      

Supplementary provisions

Schedule 2 (which contains further provisions in relation to an employment

and support allowance) has effect.

22      

Recovery of sums in respect of maintenance

(1)   

Regulations may make provision for the court to have power to make a

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recovery order against any person where an award of income-related

allowance has been made to that person’s spouse or civil partner.

(2)   

The reference in subsection (1) to a recovery order is to an order requiring the

person against whom it is made to make payments to the Secretary of State or

to such other person or persons as the court may determine.

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(3)   

Regulations under subsection (1) may include—

(a)   

provision as to the matters to which the court is, or is not, to have

regard in determining any application under the regulations;

(b)   

provision as to the enforcement of orders under the regulations;

(c)   

provision for the transfer by the Secretary of State of the right to receive

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payments under, and to exercise rights in relation to, orders under the

regulations.

(4)   

In this section, “the court” means—

(a)   

in relation to England and Wales, a magistrates’ court;

(b)   

in relation to Scotland, the sheriff.

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General

23      

Interpretation of Part 1

(1)   

In this Part—

“claimant” means a person who has claimed an employment and support

allowance;

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“contributory allowance” has the meaning given by section 1(7);

“employment” and “employed” have the meanings prescribed for the

purposes of this Part;

“entitled”, in relation to an employment and support allowance, is to be

construed in accordance with—

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(a)   

the provisions of this Act,

(b)   

section 1 of the Administration Act (entitlement dependent on

making of claim), and

(c)   

section 27 of the Social Security Act 1998 (c. 14) (restrictions on

entitlement in certain cases of error);

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“income-related allowance” has the meaning given by section 1(7);

“income support” means income support under section 124 of the

Contributions and Benefits Act;

“limited capability for work” shall be construed in accordance with

section 1(4);

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“limited capability for work-related activity” shall be construed in

accordance with section 2(5);

“period of limited capability for work” has the meaning prescribed for the

purposes of this Part;

 
 

Welfare Reform Bill
Part 1 — Employment and support allowance

18

 

“prescribed” means specified in, or determined in accordance with,

regulations;

“regulations” means regulations made by the Secretary of State;

“week” means a period of 7 days beginning with a Sunday or such other

period of 7 days as may be prescribed;

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“work-related activity” has the meaning given by section 12(7).

(2)   

For the purposes of this Part, the assessment phase, in relation to a claimant, is

the period—

(a)   

beginning, subject to subsection (3), with the first day of the period for

which he is entitled to an employment and support allowance, and

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(b)   

ending with such day as may be prescribed.

(3)   

Regulations may prescribe circumstances in which the assessment phase is to

begin with such day as may be prescribed.

(4)   

For the purposes of this Part, a person is a member of the support group if he

is a person in respect of whom it is determined that he has, or is to be treated

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as having, limited capability for work-related activity.

24      

Regulations

(1)   

Any power under this Part to make regulations shall be exercisable by

statutory instrument.

(2)   

Any such power may be exercised—

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(a)   

in relation to all cases to which it extends,

(b)   

in relation to those cases subject to specified exceptions, or

(c)   

in relation to any specified cases or classes of case.

(3)   

Any such power may be exercised so as to make, as respects the cases in

relation to which it is exercised—

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(a)   

the full provision to which the power extends or any less provision

(whether by way of exception or otherwise);

(b)   

the same provision for all cases in relation to which it is exercised, or

different provision for different cases or different classes of case or

different provision as respects the same case or class of case for

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different purposes of this Part;

(c)   

any such provision either unconditionally or subject to any specified

condition.

(4)   

Where any such power is expressed to be exercisable for alternative purposes,

it may be exercised in relation to the same case for all or any of those purposes.

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(5)   

Any such power includes power—

(a)   

to make such incidental, supplementary, consequential or transitional

provision or savings as appear to the Secretary of State to be expedient;

(b)   

to provide for a person to exercise a discretion in dealing with any

matter.

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(6)   

Without prejudice to the generality of the provisions of this section, regulations

under any of sections 10 to 14 may make provision which applies only in

relation to an area or areas specified in the regulations.

 
 

Welfare Reform Bill
Part 1 — Employment and support allowance

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(7)   

The fact that a power to make regulations is conferred by this Part is not to be

taken to prejudice the extent of any other power to make regulations so

conferred.

25      

Parliamentary control

(1)   

None of the following regulations shall be made unless a draft of the statutory

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instrument containing them has been laid before and approved by a resolution

of each House of Parliament—

(a)   

the first regulations under section 12;

(b)   

regulations which by virtue of section 18(1) are to have effect for a

limited period.

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(2)   

A statutory instrument that—

(a)   

contains regulations made under this Part, and

(b)   

is not subject to a requirement that a draft of the instrument be laid

before, and approved by a resolution of, each House of Parliament,

   

shall be subject to annulment in pursuance of a resolution of either House of

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Parliament.

26      

Financial provisions relating to Part 1

(1)   

There shall be paid out of the National Insurance Fund so much of any sums

payable by way of employment and support allowance as is attributable to

entitlement to a contributory allowance.

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(2)   

There shall be paid out of money provided by Parliament

(a)   

so much of any sums payable by way of employment and support allowance as

is attributable to entitlement to an income-related allowance, and

(b)   

any administrative expenses of the Secretary of State or the Commissioners for

Her Majesty’s Revenue and Customs in carrying this Part into effect.

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(3)   

The Secretary of State shall pay into the National Insurance Fund sums

estimated by him to be equivalent in amount to sums recovered by him in

connection with payments of contributory allowance.

(4)   

The Secretary of State shall pay into the Consolidated Fund sums estimated by him to

be equivalent in amount to sums recovered by him in connection with payments made

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by way of income-related allowance.

27      

Consequential amendments relating to Part 1

(1)   

Schedule 3 (which makes amendments consequential on this Part) has effect.

(2)   

Regulations may make provision consequential on this Part amending,

repealing or revoking any provision of—

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(a)   

an Act passed on or before the last day of the Session in which this Act

is passed, or

(b)   

an instrument made under an Act before the passing of this Act.

(3)   

In subsection (2), “Act” includes an Act of the Scottish Parliament.

 
 

Welfare Reform Bill
Part 2 — Housing benefit and council tax benefit

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28      

Transition relating to Part 1

Schedule 4 (which makes provision with respect to transition in relation to this

Part) has effect.

Part 2

Housing benefit and council tax benefit

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29      

Local housing allowance

(1)   

In section 130 of the Contributions and Benefits Act (housing benefit)

subsection (4) ceases to have effect.

(2)   

After that section insert—

“130A   

Appropriate maximum housing benefit

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(1)   

For the purposes of section 130 above, the appropriate maximum

housing benefit (in this section referred to as “the AMHB”) is

determined in accordance with this section.

(2)   

Regulations must prescribe the manner in which the AMHB is to be

determined.

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(3)   

The regulations may provide for the AMHB to be ascertained in the

prescribed manner by reference to rent officer determinations.

(4)   

The regulations may require an authority administering housing

benefit in any prescribed case—

(a)   

to apply for a rent officer determination, and

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(b)   

to do so within such time as may be specified in the regulations.

(5)   

The regulations may make provision as to the circumstances in which,

for the purpose of determining the AMHB, the amount of the liability

mentioned in section 130(1)(a) above must be taken to be the amount of

a rent officer determination instead of the actual amount of that

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liability.

(6)   

Regulations under subsection (5) may also make provision for the

liability of a person who, by virtue of regulations under section 137(2)(j)

below, is treated as having a liability mentioned in section 130(1)(a)

above to be the amount of a rent officer determination.

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(7)   

A rent officer determination is a determination made by a rent officer

in the exercise of functions under section 122 of the Housing Act 1996.”

(3)   

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

(c. 19) (housing benefit and council tax benefit: revisions and appeals), in

paragraph 4—

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(a)   

in sub-paragraph (1) for “sub-paragraph (4)” substitute “sub-

paragraphs (4) and (4A)”;

(b)   

after sub-paragraph (4) insert—

   “(4A)  

Regulations may prescribe the cases and circumstances in

which, and the procedure by which, a decision relating to

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housing benefit must be made by the appropriate relevant

authority.”

 
 

 
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Revised 16 November 2006