|
| |
|
31 | Housing benefit and council tax benefit for persons taking up employment |
| |
(1) | Subsection (2) applies if a person is entitled to housing benefit or council tax |
| |
benefit (by virtue of the general conditions of entitlement) and— |
| |
(a) | he is also entitled to a prescribed benefit or his partner is entitled to |
| |
| 5 |
(b) | he or his partner ceases to be entitled to the prescribed benefit in |
| |
prescribed circumstances, and |
| |
(c) | the prescribed conditions are satisfied. |
| |
(2) | That person is entitled to housing benefit or council tax benefit in accordance |
| |
with this section for a prescribed period. |
| 10 |
(3) | Subsection (2) applies whether or not the person would be entitled to housing |
| |
benefit or council tax benefit by virtue of the general conditions of entitlement |
| |
for the whole or any part of the prescribed period. |
| |
(4) | A person who is entitled to housing benefit or council tax benefit by virtue of |
| |
subsection (2) must be treated for all purposes— |
| 15 |
(a) | as having made a claim for that benefit, and |
| |
(b) | as having complied with any requirement under or by virtue of any |
| |
enactment in connection with the making of such a claim. |
| |
(5) | Housing benefit or council tax benefit to which a person is entitled by virtue of |
| |
subsection (2) is to be funded and administered by the appropriate authority. |
| 20 |
(6) | Subsection (5) applies whether or not, for the whole or any part of the |
| |
| |
(a) | for the purposes of establishing an entitlement to housing benefit, the |
| |
person occupies as his home a dwelling in the area of the authority; |
| |
(b) | for the purposes of establishing an entitlement to council tax benefit, |
| 25 |
the person is a resident of a dwelling in the area of the authority. |
| |
(7) | The amount of housing benefit or council tax benefit payable in respect of a |
| |
person who is entitled to the benefit by virtue of subsection (2) is to be |
| |
determined in accordance with regulations made for the purposes of this |
| |
| 30 |
(8) | If an amount of housing benefit or council tax benefit is, by virtue of subsection |
| |
(2), payable in respect of a person by the appropriate authority for any period, |
| |
no other amount of housing benefit or council tax benefit is (by virtue of the |
| |
general conditions of entitlement) payable by that authority in respect of that |
| |
person for the same period. |
| 35 |
(9) | Regulations may make provision in connection with the effect of a person’s |
| |
entitlement to housing benefit or council tax benefit by virtue of subsection (2) |
| |
on an award of such benefit by virtue of the general conditions of entitlement |
| |
in respect of that person or his partner. |
| |
(10) | Regulations may provide that where— |
| 40 |
(a) | an amount of housing benefit or council tax benefit is, by virtue of |
| |
subsection (2), payable in respect of a person by the appropriate |
| |
authority for the whole or any part of a prescribed period, and |
| |
(b) | an amount of housing benefit or council tax benefit is (by virtue of the |
| |
general conditions of entitlement) payable by a local authority which is |
| 45 |
not that appropriate authority in respect of that person for the whole or |
| |
| |
|
| |
|
| |
|
| the amount of the benefit payable by the local authority mentioned in |
| |
paragraph (b) is to be reduced by an amount determined in such manner as is |
| |
| |
(11) | An amount determined for the purposes of subsection (10) may have the effect |
| |
of reducing the amount mentioned in paragraph (b) of that subsection to nil. |
| 5 |
(12) | Regulations may make provision as to circumstances in which— |
| |
(a) | subsection (8) does not apply; |
| |
(b) | entitlement to housing benefit or council tax benefit of a partner of the |
| |
person mentioned in subsection (10) is to be treated as the entitlement |
| |
| 10 |
(c) | benefit is not to be reduced as mentioned in subsection (10). |
| |
(13) | For the purposes of subsection (1) a person must be treated as entitled to |
| |
housing benefit or council tax benefit by virtue of the general conditions of |
| |
| |
(a) | he is not so entitled to that benefit at the time he or his partner ceases to |
| 15 |
be entitled to the prescribed benefit as mentioned in subsection (1)(b), |
| |
| |
(b) | his entitlement to housing benefit or council tax benefit (as the case may |
| |
be) ceased during the prescribed period before that time. |
| |
32 | Section 31: supplemental |
| 20 |
(1) | The administration provisions apply in relation to housing benefit or council |
| |
tax benefit to which a person is entitled by virtue of subsection (2) of section 31 |
| |
| |
(a) | subsections (4), (5) and (6) of that section; |
| |
(b) | any prescribed modifications of those provisions which the Secretary of |
| 25 |
State thinks are necessary or expedient in connection with such housing |
| |
benefit or council tax benefit. |
| |
(2) | Modifications under subsection (1)(b) may, in particular, provide that housing |
| |
benefit or council tax benefit to which a person is entitled by virtue of section |
| |
31(2) must or may take the form of a payment by the appropriate authority to |
| 30 |
another local authority in prescribed circumstances. |
| |
(3) | In this section the administration provisions are— |
| |
(a) | the Administration Act; |
| |
(b) | subordinate legislation (within the meaning of the Interpretation Act |
| |
1978 (c. 30)) made in pursuance of that Act. |
| 35 |
(4) | The power to make regulations under this section or section 31 is exercisable |
| |
by the Secretary of State by statutory instrument. |
| |
(5) | A statutory instrument containing regulations under this section or section 31 |
| |
is subject to annulment in pursuance of a resolution of either House of |
| |
| 40 |
(6) | Section 175(3) to (7) of the Contributions and Benefits Act (supplemental |
| |
provision as to regulations) applies in relation to regulations under this section |
| |
and section 31 above as it applies in relation to regulations under that Act. |
| |
(7) | In section 170 of the Administration Act (Social Security Advisory Committee), |
| |
| 45 |
|
| |
|
| |
|
(a) | in the definition of “the relevant enactments”, after paragraph (ai) |
| |
| |
“(aj) | sections 31 and 32 of the Welfare Reform Act |
| |
| |
(b) | in the definition of “the relevant Northern Ireland enactments”, after |
| 5 |
| |
“(aj) | any provisions in Northern Ireland which |
| |
correspond to sections 31 and 32 of the Welfare |
| |
| |
(8) | For the purposes of any enactment other than a relevant enactment— |
| 10 |
(a) | entitlement to housing benefit by virtue of section 31(2) above is to be |
| |
treated as entitlement under section 130 of the Contributions and |
| |
| |
(b) | entitlement to council tax benefit by virtue of section 31(2) above is to |
| |
be treated as entitlement under section 131 of that Act. |
| 15 |
(9) | In subsection (8), the relevant enactments are— |
| |
(a) | the administration provisions, and |
| |
(b) | Part 7 of the Contributions and Benefits Act, except sections 123 and |
| |
| |
33 | Sections 31 and 32: interpretation |
| 20 |
(1) | This section has effect for the interpretation of sections 31 and 32. |
| |
(2) | The general conditions of entitlement are the conditions governing entitlement |
| |
to housing benefit or council tax benefit provided for by Part 7 of the |
| |
Contributions and Benefits Act. |
| |
(3) | The appropriate authority— |
| 25 |
(a) | in relation to housing benefit is the local authority or housing authority |
| |
which, immediately before the person concerned ceased to be entitled |
| |
to the prescribed benefit, funded and administered the housing benefit |
| |
to which he was entitled; |
| |
(b) | in relation to council tax benefit is the billing authority or, in Scotland, |
| 30 |
local authority which, immediately before the person concerned ceased |
| |
to be entitled to the prescribed benefit, funded and administered the |
| |
council tax benefit to which he was entitled. |
| |
(4) | The following expressions have the same meaning as in the Administration |
| |
| 35 |
| |
| |
| |
(5) | Partner, in relation to a person, is a person who is a member of the same couple |
| |
(within the meaning of Part 7 of the Contributions and Benefits Act) as that |
| 40 |
| |
(6) | Prescribed means prescribed by regulations. |
| |
|
| |
|
| |
|
34 | Information relating to housing benefit |
| |
(1) | Section 5 of the Administration Act (regulations about claims and benefits) is |
| |
| |
(2) | After subsection (2) insert— |
| |
“(2A) | The regulations may also require such persons as are prescribed to |
| 5 |
provide a rent officer with information or evidence of such description |
| |
| |
(2B) | For the purposes of subsection (2A), the Secretary of State may |
| |
prescribe any description of information or evidence which he thinks is |
| |
necessary or expedient to enable rent officers to carry out their |
| 10 |
functions under section 122 of the Housing Act 1996. |
| |
(2C) | Information or evidence required to be provided by virtue of |
| |
subsection (2A) may relate to an individual claim or award or to any |
| |
description of claims or awards.” |
| |
(3) | Subsection (3) ceases to have effect. |
| 15 |
35 | Supply of information by rent officers |
| |
After section 122E of the Administration Act (supply of information between |
| |
authorities administering benefit) insert— |
| |
“Rent officers and housing benefit |
| |
122F | Supply by rent officers of information relating to housing benefit |
| 20 |
(1) | The Secretary of State may require a rent officer to supply housing |
| |
benefit information held by the rent officer to, or to a person providing |
| |
services to, the Secretary of State for use for purposes relating to any of |
| |
| |
| 25 |
| |
| |
(d) | employment or training; |
| |
(e) | private pensions policy or retirement planning. |
| |
(2) | Information must be supplied under subsection (1) in such manner and |
| 30 |
form, and in accordance with such requirements, as may be specified in |
| |
directions given by the Secretary of State. |
| |
(3) | Housing benefit information is any information which relates to the |
| |
exercise by the rent officer of any function he has under section 122 of |
| |
the Housing Act 1996 relating to housing benefit.” |
| 35 |
36 | Payment of housing benefit |
| |
In section 134 of the Administration Act (arrangements for housing benefit), for |
| |
subsection (2) substitute— |
| |
“(2) | Housing benefit is to be paid in such manner as is prescribed, and |
| |
regulations may, in particular, provide for— |
| 40 |
|
| |
|
| |
|
(a) | a payment or payments by the authority administering the |
| |
benefit to the person entitled to it (E), to some other person on |
| |
E’s behalf or in respect of a liability which E has, |
| |
(b) | a reduction in the amount of any payments which E is liable to |
| |
make to the authority by way of rent, or |
| 5 |
(c) | such a payment or payments and such a reduction. |
| |
(2A) | In any enactment or instrument (whenever passed or made) “pay” in |
| |
relation to housing benefit includes discharge in any manner |
| |
prescribed under subsection (2) above. |
| |
(2B) | Subsection (2) above does not affect any power under section 5 above |
| 10 |
to make provision in relation to the payment of benefit.” |
| |
37 | Duty to send inspection reports to the Secretary of State |
| |
(1) | In section 13A of the Local Government Act 1999 (c. 27) (reports of inspections |
| |
by Auditor General for Wales), after subsection (4) insert— |
| |
“(4A) | If a report relates to any extent to the administration of housing benefit |
| 15 |
or council tax benefit and the Auditor General for Wales thinks fit to do |
| |
so, he shall as soon as reasonably practicable send a copy of the report |
| |
to the Secretary of State.” |
| |
(2) | In section 29 of that Act (modifications for Wales), after subsection (2) insert— |
| |
“(2A) | Subsection (1)(a) does not apply to section 13A(4A).” |
| 20 |
38 | Directions by Secretary of State |
| |
(1) | Section 139D of the Administration Act (power to give directions) is amended |
| |
in accordance with subsections (2) to (8) below. |
| |
(2) | In subsection (1) (reports that trigger the section), for paragraph (c) |
| |
| 25 |
“(c) | a copy of a report under section 102(1)(b) or (c) of the Local |
| |
Government (Scotland) Act 1973 which to any extent relates to |
| |
the administration of benefit has been sent to a local authority |
| |
and the Secretary of State under section 102(2) of that Act;”. |
| |
(3) | In subsection (1), after paragraph (c) insert— |
| 30 |
“(ca) | a copy of a report which has been sent to a local authority under |
| |
section 13A(3) of the Local Government Act 1999 and to the |
| |
Secretary of State under section 13A(4A) of that Act;”. |
| |
(4) | In subsection (2) for “invite” substitute “require”. |
| |
(5) | After subsection (2) insert— |
| 35 |
“(2A) | A requirement under subsection (2) above may specify— |
| |
(a) | any information or description of information to be provided; |
| |
(b) | the form and manner in which the information is to be |
| |
| |
(2B) | The authority must respond to a requirement under subsection (2) |
| 40 |
above before the end of such period (not less than one month after the |
| |
|
| |
|
| |
|
day on which the requirement is made) as the Secretary of State |
| |
specifies in the requirement. |
| |
(2C) | The Secretary of State may extend the period specified under |
| |
| |
(6) | For subsection (3) substitute— |
| 5 |
| |
| |
(b) | any proposals made by the authority in response to it, and |
| |
(c) | any other information he thinks is relevant, |
| |
| the Secretary of State may give directions to the authority under |
| 10 |
subsection (3A) or (3B) or both. |
| |
(3A) | Directions under this subsection are directions as to— |
| |
(a) | standards which the authority is to attain in the prevention and |
| |
detection of fraud relating to benefit or otherwise in the |
| |
administration of benefit; |
| 15 |
(b) | the time within which the standards are to be attained. |
| |
(3B) | Directions under this subsection are directions to take such action as the |
| |
Secretary of State thinks necessary or expedient for the purpose of |
| |
improving the authority’s exercise of its functions— |
| |
(a) | in relation to the prevention and detection of fraud relating to |
| 20 |
| |
(b) | otherwise in relation to the administration of benefit. |
| |
(3C) | A direction under subsection (3B) may specify the time within which |
| |
| |
(7) | In subsection (4), for “subsection (3)” substitute “subsection (3A)”. |
| 25 |
(8) | After subsection (4) insert— |
| |
“(4A) | If the Secretary of State proposes to give a direction under this section |
| |
he must give the authority to which the direction is to be addressed an |
| |
opportunity to make representations about the proposed direction. |
| |
(4B) | The Secretary of State may specify a period within which |
| 30 |
representations mentioned in subsection (4A) above must be made. |
| |
(4C) | The Secretary of State may extend a period specified under subsection |
| |
| |
(4D) | Subsections (4A) to (4C) do not apply if the Secretary of State thinks that |
| |
it is necessary for a direction to be given as a matter of urgency. |
| 35 |
(4E) | If the Secretary of State acts under subsection (4D) he must give in |
| |
writing to the authority to which the direction is addressed his reasons |
| |
| |
(9) | After section 139D of that Act insert— |
| |
“139DA | Directions: variation and revocation |
| 40 |
(1) | The Secretary of State may at any time in accordance with this section |
| |
vary or revoke a direction under section 139D above. |
| |
|
| |
|
| |
|
(2) | A direction may be varied or revoked only if the Secretary of State |
| |
thinks it is necessary to do so— |
| |
(a) | in consequence of representations made by the authority to |
| |
which the direction is addressed, |
| |
(b) | to rectify an omission or error, or |
| 5 |
(c) | in consequence of a material change in circumstances. |
| |
(3) | The Secretary of State must not vary a direction unless he first— |
| |
(a) | sends a copy of the proposed variation to the authority |
| |
| |
(b) | gives the authority his reasons for making the variation, and |
| 10 |
(c) | gives the authority an opportunity to make representations |
| |
about the proposed variation. |
| |
(4) | The Secretary of State may specify a period of not less than one month |
| |
within which representations mentioned in subsection (3)(c) above |
| |
| 15 |
(5) | The Secretary of State may extend a period specified under subsection |
| |
| |
39 | Minor and consequential amendments relating to Part 2 |
| |
Schedule 5 (which makes miscellaneous minor amendments and amendments |
| |
consequential on this Part) has effect. |
| 20 |
| |
Social security administration: general |
| |
Sharing of social security information |
| |
40 | Social security information |
| |
(1) | In the Administration Act, after section 7A (sharing of functions as regards |
| 25 |
certain claims and information) insert— |
| |
“7B | Use of social security information |
| |
(1) | A relevant authority may use for a relevant purpose any social security |
| |
information which it holds. |
| |
(2) | Regulations may make provision as to the procedure to be followed by |
| 30 |
a relevant authority for the purposes of any function it has relating to |
| |
the administration of a specified benefit if the authority holds social |
| |
security information which— |
| |
(a) | is relevant for the purposes of anything which may or must be |
| |
done by the authority in connection with a claim for or an |
| 35 |
award of the benefit, and |
| |
(b) | was used by another relevant authority in connection with a |
| |
claim for or an award of a different specified benefit or was |
| |
verified by that other authority in accordance with regulations |
| |
under section 7A(2)(e) above. |
| 40 |
|
| |
|