|
| |
| |
(2) | Regulations under subsection (1) shall provide for any such disqualification, or |
| |
treatment, to be for such period not exceeding 6 weeks as may be determined |
| |
in accordance with Chapter 2 of Part 1 of the Social Security Act 1998 (c. 14). |
| |
(3) | Regulations may prescribe for the purposes of subsection (1)— |
| |
(a) | matters which are, or are not, to be taken into account in determining |
| 5 |
whether a person has good cause for any act or omission; |
| |
(b) | circumstances in which a person is, or is not, to be regarded as having |
| |
good cause for any act or omission. |
| |
(4) | Except where regulations otherwise provide, a person shall be disqualified for |
| |
receiving a contributory allowance for any period during which he is— |
| 10 |
(a) | absent from Great Britain, or |
| |
(b) | undergoing imprisonment or detention in legal custody. |
| |
| |
(1) | Any regulations to which this subsection applies may be made so as to have |
| |
effect for a specified period not exceeding 24 months. |
| 15 |
(2) | Subject to subsection (3), subsection (1) applies to— |
| |
(a) | regulations which are made under any provision of this Part, other than |
| |
| |
(b) | regulations which are made under the Administration Act, so far as |
| |
they relate to an employment and support allowance. |
| 20 |
(3) | Subsection (1) only applies to regulations if they are made with a view to |
| |
ascertaining whether their provisions will or will be likely to— |
| |
(a) | encourage persons to obtain or remain in work, or |
| |
(b) | make it more likely that persons will obtain or remain in work or be |
| |
| 25 |
(4) | Regulations which, by virtue of subsection (1), are to have effect for a limited |
| |
period are referred to in this section as a “pilot scheme”. |
| |
(5) | A pilot scheme may provide that its provisions are to apply only in relation |
| |
| |
(a) | one or more specified areas; |
| 30 |
(b) | one or more specified classes of person; |
| |
| |
(i) | by reference to prescribed criteria, or |
| |
(ii) | on a sampling basis. |
| |
(6) | A pilot scheme may make consequential or transitional provision with respect |
| 35 |
to the cessation of the scheme on the expiry of the specified period. |
| |
(7) | A pilot scheme may be replaced by a further pilot scheme making the same or |
| |
| |
19 | Relationship with statutory payments |
| |
(1) | A person is not entitled to an employment and support allowance in respect of |
| 40 |
a day if, for the purposes of statutory sick pay, that day— |
| |
(a) | is a day of incapacity for work in relation to a contract of service, and |
| |
| |
| |
|
| |
| |
(b) | falls within a period of entitlement (whether or not it is a qualifying |
| |
| |
(2) | Except as regulations may provide, a woman who is entitled to statutory |
| |
maternity pay is not entitled to a contributory allowance in respect of a day that |
| |
falls within the maternity pay period. |
| 5 |
(3) | Regulations may provide that— |
| |
(a) | an amount equal to a woman’s statutory maternity pay for a period |
| |
shall be deducted from a contributory allowance in respect of the same |
| |
| |
(b) | a woman shall only be entitled to a contributory allowance if there is a |
| 10 |
balance after the deduction, and |
| |
(c) | if there is such a balance, a woman shall be entitled to a contributory |
| |
allowance at a weekly rate equal to it. |
| |
(4) | Except as regulations may provide, a person who is entitled to statutory |
| |
adoption pay is not entitled to a contributory allowance in respect of a day that |
| 15 |
falls within the adoption pay period. |
| |
(5) | Regulations may provide that— |
| |
(a) | an amount equal to a person’s statutory adoption pay for a period shall |
| |
be deducted from a contributory allowance in respect of the same |
| |
| 20 |
(b) | a person shall only be entitled to a contributory allowance if there is a |
| |
balance after the deduction, and |
| |
(c) | if there is such a balance, a person shall be entitled to a contributory |
| |
allowance at a weekly rate equal to it. |
| |
(6) | Except as regulations may provide, a person who is entitled to additional |
| 25 |
statutory paternity pay is not entitled to a contributory allowance in respect of |
| |
a day that falls within the additional paternity pay period. |
| |
(7) | Regulations may provide that— |
| |
(a) | an amount equal to a person’s additional statutory paternity pay for a |
| |
period shall be deducted from a contributory allowance in respect of |
| 30 |
| |
(b) | a person shall only be entitled to a contributory allowance if there is a |
| |
balance after the deduction, and |
| |
(c) | if there is such a balance, a person shall be entitled to a contributory |
| |
allowance at a weekly rate equal to it. |
| 35 |
| |
“additional paternity pay period” has the meaning given in section |
| |
171ZEE(2) of the Contributions and Benefits Act; |
| |
“adoption pay period” has the meaning given in section 171ZN(2) of that |
| |
| 40 |
“maternity pay period” has the meaning given in section 165(1) of that |
| |
| |
20 | Deemed entitlement for other purposes |
| |
Regulations may provide for a person who would be entitled to an |
| |
employment and support allowance but for the operation of any provision of, |
| 45 |
or made under, this Part, the Administration Act or Chapter 2 of Part 1 of the |
| |
| |
| |
|
| |
| |
Social Security Act 1998 (c. 14) (social security decisions and appeals) to be |
| |
treated as if entitled to the allowance for the purposes of any rights or |
| |
obligations (whether his own or another’s) which depend on his entitlement, |
| |
other than the right to payment of it. |
| |
21 | Supplementary provisions |
| 5 |
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 |
| |
recovery order against any person where an award of income-related |
| 10 |
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. |
| |
(3) | Regulations under subsection (1) may include— |
| 15 |
(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 |
| |
payments under, and to exercise rights in relation to, orders under the |
| 20 |
| |
(4) | In this section, “the court” means— |
| |
(a) | in relation to England and Wales, a magistrates’ court; |
| |
(b) | in relation to Scotland, the sheriff. |
| |
| 25 |
23 | Interpretation of Part 1 |
| |
| |
“claimant” means a person who has claimed an employment and support |
| |
| |
“contributory allowance” has the meaning given by section 1(7); |
| 30 |
“employment” and “employed” have the meanings prescribed for the |
| |
| |
“entitled”, in relation to an employment and support allowance, is to be |
| |
construed in accordance with— |
| |
(a) | the provisions of this Act, |
| 35 |
(b) | section 1 of the Administration Act (entitlement dependent on |
| |
| |
(c) | section 27 of the Social Security Act 1998 (c. 14) (restrictions on |
| |
entitlement in certain cases of error); |
| |
“income-related allowance” has the meaning given by section 1(7); |
| 40 |
“income support” means income support under section 124 of the |
| |
Contributions and Benefits Act; |
| |
| |
| |
|
| |
| |
“limited capability for work” shall be construed in accordance with |
| |
| |
“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 |
| 5 |
| |
“prescribed” means specified in, or determined in accordance with, |
| |
| |
“regulations” means regulations made by the Secretary of State; |
| |
“week” means a period of 7 days beginning with a Sunday or such other |
| 10 |
period of 7 days as may be prescribed; |
| |
“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 |
| |
| |
(a) | beginning, subject to subsection (3), with the first day of the period for |
| 15 |
which he is entitled to an employment and support allowance, and |
| |
(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 |
| 20 |
is a person in respect of whom it is determined that he has, or is to be treated |
| |
as having, limited capability for work-related activity. |
| |
| |
(1) | Any power under this Part to make regulations shall be exercisable by |
| |
| 25 |
(2) | Any such power may be exercised— |
| |
(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 |
| 30 |
relation to which it is exercised— |
| |
(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 |
| 35 |
different provision as respects the same case or class of case for |
| |
different purposes of this Part; |
| |
(c) | any such provision either unconditionally or subject to any specified |
| |
| |
(4) | Where any such power is expressed to be exercisable for alternative purposes, |
| 40 |
it may be exercised in relation to the same case for all or any of those purposes. |
| |
(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 |
| 45 |
| |
| |
| |
|
| |
| |
(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. |
| |
(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 |
| 5 |
| |
| |
(1) | None of the following regulations shall be made unless a draft of the statutory |
| |
instrument containing them has been laid before and approved by a resolution |
| |
of each House of Parliament— |
| 10 |
(a) | the first regulations under section 12; |
| |
(b) | regulations which by virtue of section 18(1) are to have effect for a |
| |
| |
(2) | A statutory instrument that— |
| |
(a) | contains regulations made under this Part, and |
| 15 |
(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 |
| |
| |
26 | Financial provisions relating to Part 1 |
| 20 |
(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. |
| |
(2) | There shall be paid out of money provided by Parliament— |
| |
(a) | so much of any sums payable by way of employment and support |
| 25 |
allowance as is attributable to entitlement to an income-related |
| |
| |
(b) | any administrative expenses of the Secretary of State or the |
| |
Commissioners for Her Majesty’s Revenue and Customs in carrying |
| |
| 30 |
(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 |
| 35 |
payments made 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— |
| 40 |
(a) | an Act passed on or before the last day of the Session in which this Act |
| |
| |
(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. |
| |
28 | Transition relating to Part 1 |
| |
Schedule 4 (which makes provision with respect to transition in relation to this |
| |
| |
| 5 |
Housing benefit and council tax benefit |
| |
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— |
| 10 |
“130A | Appropriate maximum housing benefit |
| |
(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 |
| 15 |
| |
(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— |
| 20 |
(a) | to apply for a rent officer determination, and |
| |
(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 |
| 25 |
a rent officer determination instead of the actual amount of that |
| |
| |
(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) |
| 30 |
above to be the amount of a rent officer determination. |
| |
(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 |
| 35 |
| |
(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 |
| 40 |
which, and the procedure by which, a decision relating to |
| |
| |
| |
|
| |
| |
housing benefit must be made by the appropriate relevant |
| |
| |
30 | Loss of housing benefit following eviction for anti-social behaviour, etc. |
| |
(1) | After section 130A of the Contributions and Benefits Act (inserted by section |
| |
| 5 |
“130B | Loss of housing benefit following eviction on certain grounds |
| |
(1) | If the following conditions are satisfied, then housing benefit is payable |
| |
in the case of a person (“the former occupier”) subject to subsection |
| |
| |
(a) | a court makes a relevant order for possession of a dwelling |
| 10 |
occupied by him as his home; |
| |
(b) | in consequence of the order he ceases to occupy the dwelling; |
| |
(c) | either of the conditions in subsections (2) and (3) is satisfied; |
| |
| |
(d) | the conditions for entitlement to housing benefit are or become |
| 15 |
satisfied with respect to him. |
| |
(2) | The condition in this subsection is that the former occupier fails, |
| |
without good cause, to comply with a warning notice served on him by |
| |
a relevant local authority in England and Wales after he has ceased to |
| |
| 20 |
(3) | The condition in this subsection is that— |
| |
(a) | the former occupier was, after he ceased to occupy the dwelling, |
| |
required by a relevant local authority in Scotland to take |
| |
specified action with the aim mentioned in subsection (10), |
| |
(b) | the former occupier was warned by the relevant local authority |
| 25 |
that if he failed to comply with the requirement the amount of |
| |
housing benefit payable to him would be affected, |
| |
(c) | the former occupier fails, without good cause, to comply with |
| |
| |
(d) | the relevant local authority recommends that housing benefit be |
| 30 |
payable to the former occupier subject to subsection (4). |
| |
(4) | During the restriction period or such part of it as may be prescribed, |
| |
one or both of the following applies— |
| |
(a) | the rate of the benefit is reduced in such a manner as may be |
| |
| 35 |
(b) | the benefit is payable only if the circumstances are such as may |
| |
| |
(5) | The restriction period begins with the earliest date on which the |
| |
conditions set out in subsections (1) to (3) are satisfied. |
| |
(6) | That period stops running if the relevant local authority considers that |
| 40 |
the restriction set out in subsection (4) should no longer apply (whether |
| |
because the former occupier is taking action to improve his behaviour |
| |
or for any other reason), but starts running again if— |
| |
(a) | in England and Wales, the former occupier fails to comply with |
| |
a further warning notice served on him; |
| 45 |
(b) | in Scotland, the condition in subsection (7) is satisfied. |
| |
| |
| |
|
