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Welfare Reform Bill


Welfare Reform Bill
Part 3 — Social security administration: general

37

 

44      

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

45

“relevant benefit information”;

 
 

Welfare Reform Bill
Part 4 — Miscellaneous

39

 

(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

40

 

(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.”

45

 
 

Welfare Reform Bill
Part 4 — Miscellaneous

41

 

(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.

54      

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.

40

 
 

Welfare Reform Bill
Part 4 — Miscellaneous

42

 

(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

43

 

(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.

 
 

 
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