Welfare Reform Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Part 3 — Social security administration: general
37

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Recovery of overpaid child benefit and guardian’s allowance: Northern
Ireland
(1)
Section 69 of the Social Security Administration (Northern Ireland) Act 1992
(c. 8) (overpayments) is amended as follows.
(2)
Subsection (5) (recovery of overpayments paid into account not recoverable
5
under regulations under subsection (4) unless determination of amount is
reversed on appeal etc. and overpayment is determined on the appeal etc. to be
so recoverable) ceases to have effect.
(3)
In subsection (5A) (recovery of overpayments paid in consequence of
misrepresentation etc. not recoverable under subsection (1) unless
10
determination of amount is reversed on appeal etc.) for “under subsection (1)
above” substitute “under subsection (1) or under regulations under subsection
(4)”.
(4)
The amendments made by this section have effect only in relation to child
benefit and guardian’s allowance.
15
Benefit fraud
45
Local authority powers to investigate benefit fraud
(1)
Section 110A of the Administration Act (authorisation of investigations by
authorities administering housing benefit or council tax benefit) is amended as
follows.
20
(2)
In subsection (1) for “any one or more of the purposes mentioned in subsection
(2) below” substitute “a relevant purpose”.
(3)
After subsection (1) insert—
“(1A)
Each of the following is a relevant purpose—
(a)
a purpose mentioned in subsection (2) below;
25
(b)
a purpose mentioned in section 109A(2)(a), (c) or (d).
(1B)
If the Secretary of State prescribes conditions for the purposes of this
section, an authority must not proceed under this section for a purpose
mentioned in section 109A(2)(a), (c) or (d) unless any such condition is
satisfied.”
30
(4)
In subsection (2) for “Those purposes” substitute “The purposes in this
subsection”.
(5)
In subsection (8), after paragraph (c) insert—

“but paragraphs (a) and (b) above do not apply in any case where the
relevant purpose is as mentioned in subsection (1A)(b) above.”
35
46
Local authority powers to prosecute benefit fraud
After section 116 of the Administration Act (legal proceedings) insert—
“116A
Local authority powers to prosecute benefit fraud
(1)
This section applies if an authority administering housing benefit or
council tax benefit has power to bring proceedings for a benefit offence
40
relating to that benefit.

Welfare Reform Bill
Part 3 — Social security administration: general
38

(2)
The authority may bring proceedings for a benefit offence relating to
any other relevant social security benefit.
(3)
If the Secretary of State prescribes conditions for the purposes of this
section—
(a)
an authority must not bring proceedings under this section
5
unless any such condition is satisfied;
(b)
in the case of proceedings which have been brought by an
authority under this section but such a condition ceases to be
satisfied, the Secretary of State may continue the proceedings as
if they had been brought in his name or may discontinue them.
10
(4)
An authority must not bring proceedings for a benefit offence which
does not relate to housing benefit or council tax benefit otherwise than
in accordance with this section.
(5)
In subsection (2), “relevant social security benefit” has the same
meaning as in section 121DA below.
15
(6)
This section does not apply to Scotland.”
47
Local authority functions relating to benefit: information
(1)
Section 122C of the Administration Act (supply of information to authorities
administering benefit) is amended as follows—
(a)
in subsection (2) at the end insert “or for the purposes of anything the
20
authority is permitted to do in relation to any other benefit by virtue of
section 110A or 116A above”;
(b)
in subsection (3)(a) for “offences relating to housing benefit or council
tax benefit” substitute “benefit offences (within the meaning of Part 6
above)”.
25
(2)
Section 122D of that Act (supply of information by authorities administering
benefit) is amended as follows—
(a)
in subsection (1), for “benefit administration information” substitute
“relevant benefit information”;
(b)
in subsection (2A), after “subsection (2)” insert “, in addition to any
30
other purpose for which the information may be used,”;
(c)
for subsection (4) substitute—
“(4)
In subsection (1) “relevant benefit information”, in relation to an
authority or other person, means any information which is
relevant to the exercise of any function relating to a relevant
35
social security benefit by the authority or other person.”;
(d)
in subsection (5), in each place where it occurs for “housing benefit or
council tax benefit” substitute “any relevant social security benefit”;
(e)
in subsection (6), after the definition of “private pensions policy”
insert—
40
““relevant social security benefit” has the same meaning as
in section 121DA above;”.
(3)
Section 122E of that Act (supply of information between authorities
administering benefit) is amended as follows—
(a)
in subsection (1) for “benefit administration information” substitute
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“relevant benefit information”;

Welfare Reform Bill
Part 4 — Miscellaneous
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(b)
in subsection (2)(a) for “offences relating to housing benefit or council
tax benefit” substitute “benefit offences (within the meaning of Part 6
above)”;
(c)
for subsection (6) substitute—
“(6)
In this section “relevant benefit information”, in relation to an
5
authority or other person, means any information which is
relevant to the exercise of any function relating to a relevant
social security benefit (within the meaning of section 121DA
above) by the authority or other person.”
(4)
In section 126A of that Act (power to require information from landlords and
10
agents), in subsection (8) for “benefit administration information” substitute
“relevant benefit information”.
48
Loss of benefit for commission of benefit offences
(1)
In section 7 of the Social Security Fraud Act 2001 (c. 11) (loss of benefit for
commission of benefit offences) in subsection (1)(b) (period within which later
15
offence must be committed), for “three years” substitute “five years”.
(2)
The amendment made by subsection (1) shall be disregarded insofar as the
application of section 7(1)(b) of that Act involves considering whether an
offence committed before the day on which this section comes into force was
committed within the relevant period.
20
Part 4
Miscellaneous
Benefits for bereaved persons
49
Widowed mother’s allowance
In section 37(2) of the Contributions and Benefits Act (which links entitlement
25
to widowed mother’s allowance on the ground of being entitled to child
benefit to whether one of the conditions specified in section 77(5) of the Act is
satisfied), the words from “one of the conditions” to “person and” are omitted.
50
Widowed parent’s allowance
In section 39A(3) of the Contributions and Benefits Act (which links
30
entitlement to widowed parent’s allowance on the ground of being entitled to
child benefit to whether one of the conditions specified in section 77(5) of the
Act is satisfied), the words from “one of the conditions” to “person and” are
omitted.
Disability living allowance: age conditions
35
51
Care component of disability living allowance: persons under the age of 16
(1)
Section 72 of the Contributions and Benefits Act (care component of disability
living allowance) is amended as follows.

Welfare Reform Bill
Part 4 — Miscellaneous
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(2)
After subsection (1) insert—
“(1A)
In its application to a person in relation to so much of a period as falls
before the day on which he reaches the age of 16, subsection (1) has
effect subject to the following modifications—
(a)
the condition mentioned in subsection (1)(a)(ii) shall not apply,
5
and
(b)
none of the other conditions mentioned in subsection (1) shall
be taken to be satisfied unless—
(i)
he has requirements of a description mentioned in the
condition substantially in excess of the normal
10
requirements of persons of his age, or
(ii)
he has substantial requirements of such a description
which younger persons in normal physical and mental
health may also have but which persons of his age and
in normal physical and mental health would not have.”
15
(3)
After subsection (2) insert—
“(2A)
The modifications mentioned in subsection (1A) shall have effect in
relation to the application of subsection (1) for the purposes of
subsection (2), but only—
(a)
in the case of a person who is under the age of 16 on the date on
20
which the award of the care component would begin, and
(b)
in relation to so much of any period mentioned in subsection (2)
as falls before the day on which he reaches the age of 16.”
(4)
In subsection (5) (terminally ill person to be taken to have satisfied the
conditions mentioned in subsection (1)(b) and (c)), after “person, shall” insert
25
“(notwithstanding subsection (1A)(b))”.
(5)
Subsection (6) (modifications for persons under 16) ceases to have effect.
(6)
In subsection (7), for “subsections (5) and (6)” substitute “subsection (5)”.
(7)
After that subsection insert—
“(7A)
Subsection (1A) has effect subject to regulations made under subsection
30
(7) (except as otherwise prescribed).”
52
Mobility component of disability living allowance: persons under the age of
16
(1)
Section 73 of the Contributions and Benefits Act (mobility component of
disability living allowance) is amended as follows.
35
(2)
For subsection (4) substitute—
“(4A)
In its application to a person in relation to so much of a period as falls
before the day on which he reaches the age of 16, subsection (1) has
effect subject to the modification that the condition mentioned in
paragraph (d) shall not be taken to be satisfied unless—
40
(a)
he requires substantially more guidance or supervision from
another person than persons of his age in normal physical and
mental health would require, or
(b)
persons of his age in normal physical and mental health would
not require such guidance or supervision.”
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Welfare Reform Bill
Part 4 — Miscellaneous
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(3)
In subsection (5), omit “Subject to subsection (4) above,”.
(4)
After that subsection insert—
“(5A)
Subsection (4A) has effect subject to regulations made under subsection
(5) (except as otherwise prescribed).”
(5)
After subsection (9) insert—
5
“(9A)
The modifications mentioned in subsection (4A) shall have effect in
relation to the application of subsection (1) for the purposes of
subsection (9), but only—
(a)
in the case of a person who is under the age of 16 on the date on
which the award of the mobility component would begin, and
10
(b)
in relation to so much of any period mentioned in subsection (9)
as falls before the day on which he reaches the age of 16.”
Social fund
53
Matters to which regard must be had in awarding budgeting loans
In section 140(1A) of the Contributions and Benefits Act (principles for
15
determining awards of budgeting loans)—
(a)
in paragraph (b) (duty to have regard to criteria specified in paragraphs
(b) to (e) of subsection (1)), for “(b) to (e)” substitute “(b), (d) and (e)”,
and
(b)
the words following paragraph (b) (which enable the Secretary of State
20
to give directions about cases in which the applicant’s personal
circumstances would preclude the award of a budgeting loan) cease to
have effect.

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Allocations from Social Fund
25
(1)
Section 168 of the Administration Act (allocations from social fund) is
amended as follows.
(2)
In subsection (1) (duty of Secretary of State to allocate amounts for payments
from the social fund such as are mentioned in section 138(1)(b) of the
Contributions and Benefits Act), after “Act” insert “(in this section referred to
30
as “section 138(1)(b) payments”)”.
(3)
In subsection (3) (types of allocation that may be made)—
(a)
for paragraph (a) substitute—
“(a)
may be for all section 138(1)(b) payments or for any
description of such payments;”;
35
(b)
in paragraph (b) (power to allocate different amounts for different
purposes), for “different purposes” substitute “payments of different
descriptions”; and
(c)
in paragraph (d) (additional allocations), omit the words from “to the
same officer” to the end.
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Part 4 — Miscellaneous
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(4)
After subsection (3) insert—
“(3A)
Without prejudice to the generality of subsection (3)(a), descriptions of
section 138(1)(b) payments may, in particular, be framed by reference
to—
(a)
the purposes for which payments are made;
5
(b)
the persons by whom payments are made (including where
such persons are located);
(c)
the persons to whom payments are made (including where such
persons are located).”
Vaccine Damage Payments Act 1979
10
55
Overseas vaccinations
(1)
Section 2 of the Vaccine Damage Payments Act 1979 (c. 17) (conditions of
entitlement) is amended as follows.
(2)
For subsection (5) substitute—
“(5A)
The Secretary of State may by order made by statutory instrument
15
provide that, in such circumstances as may be specified in the order, the
condition in subsection (1)(a)(i) need not be fulfilled in the case of
vaccinations of persons of a description so specified which are given
under arrangements made by or on behalf of—
(a)
Her Majesty’s forces,
20
(b)
a government department so specified, or
(c)
any other body so specified.
(5B)
Orders under subsection (5A) may make different provision in relation
to different cases.”
(3)
In subsection (6), for “that subsection” substitute “this section”.
25
56
Appeals to appeal tribunal in Northern Ireland
(1)
The Vaccine Damage Payments Act 1979 is amended as follows.
(2)
In section 4 (appeals to appeal tribunals), in subsection (1) (right of appeal), for
“an appeal tribunal” substitute “an appropriate appeal tribunal” and after that
subsection insert—
30
“(1A)
In subsection (1) the reference to an appropriate appeal tribunal is—
(a)
if the claimant’s address is in Northern Ireland, to an appeal
tribunal constituted under Chapter 1 of Part 2 of the Social
Security (Northern Ireland) Order 1998;
(b)
if it is not, to an appeal tribunal constituted under Chapter 1 of
35
Part 1 of the Social Security Act 1998.”
(3)
In that section, after subsection (3) insert—
“(3A)
In relation to appeals under subsection (1) to an appeal tribunal
constituted under Chapter 1 of Part 2 of the Social Security (Northern
Ireland) Order 1998, the Department for Social Development in
40
Northern Ireland may by regulations—

Welfare Reform Bill
Part 4 — Miscellaneous
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(a)
make provision as to the manner in which, and the time within
which, appeals are to be brought;
(b)
make such provision with respect to proceedings before appeal
tribunals as the Department considers appropriate.
(3B)
Regulations under subsection (3A) may in particular make any
5
provision of a kind mentioned in Schedule 4 to the Social Security
(Northern Ireland) Order 1998.”
(4)
In section 7A (correction of errors and setting aside of decisions), after
subsection (1) insert—
“(1A)
The Department for Social Development in Northern Ireland may by
10
regulations make provision with respect to—
(a)
the correction of accidental errors in any decision or record of a
decision under section 4 of this Act of an appeal tribunal
constituted under Chapter 1 of Part 2 of the Social Security
(Northern Ireland) Order 1998; and
15
(b)
the setting aside of any such decision in a case where it appears
just to set the decision aside on the ground that—
(i)
a document relating to the proceedings in which the
decision was given was not sent to, or was not received
at an appropriate time by, a party to the proceedings or
20
a party’s representative or was not received at an
appropriate time by the appeal tribunal which gave the
decision; or
(ii)
a party to the proceedings or a party’s representative
was not present at a hearing related to the proceedings.”
25
(5)
In section 12 (financial provisions), after subsection (3) insert—
“(3A)
The Department for Social Development in Northern Ireland shall pay
such travelling and other allowances as the Department may
determine—
(a)
to persons required under section 4 to attend before tribunals
30
constituted under Chapter 1 of Part 2 of the Social Security
(Northern Ireland) Order 1998; and
(b)
in circumstances where the Department considers it
appropriate, to any person who accompanies a disabled person
to such a tribunal.”
35
Compensation for pneumoconiosis etc.
57
“Relevant employer”
(1)
The Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (c. 41) is amended
as follows.
(2)
In section 2 (conditions of entitlement), in subsection (3), for the definition of
40
“relevant employer” substitute—
““relevant employer” has the meaning given in the Schedule to
this Act.”
(3)
Insert the Schedule (definition of “relevant employer”) set out in Schedule 6.