Welfare Reform Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Part 4 — Miscellaneous
42

Social fund
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Matters to which regard must be had in awarding budgeting loans
In section 140(1A) of the Contributions and Benefits Act (principles for
determining awards of budgeting loans)—
(a)
in paragraph (b) (duty to have regard to criteria specified in paragraphs
5
(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
to give directions about cases in which the applicant’s personal
circumstances would preclude the award of a budgeting loan) cease to
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have effect.

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Allocations from Social Fund
(1)
Section 168 of the Administration Act (allocations from social fund) is
amended as follows.
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(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
as “section 138(1)(b) payments”)”.
(3)
In subsection (3) (types of allocation that may be made)—
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(a)
for paragraph (a) substitute—
“(a)
may be for all section 138(1)(b) payments or for any
description of such payments;”;
(b)
in paragraph (b) (power to allocate different amounts for different
purposes), for “different purposes” substitute “payments of different
25
descriptions”; and
(c)
in paragraph (d) (additional allocations), omit the words from “to the
same officer” to the end.
(4)
After subsection (3) insert—
“(3A)
Without prejudice to the generality of subsection (3)(a), descriptions of
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section 138(1)(b) payments may, in particular, be framed by reference
to—
(a)
the purposes for which payments are made;
(b)
the persons by whom payments are made (including where
such persons are located);
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(c)
the persons to whom payments are made (including where such
persons are located).”
Vaccine Damage Payments Act 1979
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Overseas vaccinations
(1)
Section 2 of the Vaccine Damage Payments Act 1979 (c. 17) (conditions of
40
entitlement) is amended as follows.

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Part 4 — Miscellaneous
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(2)
For subsection (5) substitute—
“(5A)
The Secretary of State may by order made by statutory instrument
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
5
under arrangements made by or on behalf of—
(a)
Her Majesty’s forces,
(b)
a government department so specified, or
(c)
any other body so specified.
(5B)
Orders under subsection (5A) may make different provision in relation
10
to different cases.”
(3)
In subsection (6), for “that subsection” substitute “this section”.
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Appeals to appeal tribunal in Northern Ireland
(1)
The Vaccine Damage Payments Act 1979 (c. 17) is amended as follows.
(2)
In section 4 (appeals to appeal tribunals), in subsection (1) (right of appeal), for
15
“an appeal tribunal” substitute “an appropriate appeal tribunal” and after that
subsection insert—
“(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
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Security (Northern Ireland) Order 1998;
(b)
if it is not, to an appeal tribunal constituted under Chapter 1 of
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
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constituted under Chapter 1 of Part 2 of the Social Security (Northern
Ireland) Order 1998, the Department for Social Development in
Northern Ireland may by regulations—
(a)
make provision as to the manner in which, and the time within
which, appeals are to be brought;
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(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
provision of a kind mentioned in Schedule 4 to the Social Security
(Northern Ireland) Order 1998.”
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(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
regulations make provision with respect to—
(a)
the correction of accidental errors in any decision or record of a
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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
(b)
the setting aside of any such decision in a case where it appears
just to set the decision aside on the ground that—
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Welfare Reform Bill
Part 4 — Miscellaneous
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(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
a party’s representative or was not received at an
appropriate time by the appeal tribunal which gave the
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decision; or
(ii)
a party to the proceedings or a party’s representative
was not present at a hearing related to the proceedings.”
(5)
In section 12 (financial provisions), after subsection (3) insert—
“(3A)
The Department for Social Development in Northern Ireland shall pay
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such travelling and other allowances as the Department may
determine—
(a)
to persons required under section 4 to attend before tribunals
constituted under Chapter 1 of Part 2 of the Social Security
(Northern Ireland) Order 1998; and
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(b)
in circumstances where the Department considers it
appropriate, to any person who accompanies a disabled person
to such a tribunal.”
Compensation for pneumoconiosis etc.
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“Relevant employer”
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(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
“relevant employer” substitute—
““relevant employer” has the meaning given in the Schedule to
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this Act.”
(3)
Insert the Schedule (definition of “relevant employer”) set out in Schedule 6.
(4)
In section 7(3) (regulations subject to affirmative resolution), after “section 1
above” insert “or paragraph 8 of the Schedule to this Act”.
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“Dependant”
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(1)
In section 3 of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979
(dependants), in subsection (1) (definition of “dependant”)—
(a)
in paragraph (a), after “spouse”, in each place, insert “or civil partner”;
and
(b)
for paragraph (c) substitute—
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“(c)
if neither of the preceding paragraphs applies but he left
a person who was residing with him and with whom he
was in a qualifying relationship, that person;”.
(2)
After subsection (2) of that section insert—
“(2A)
For the purposes of subsection (1)(c)—
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(a)
two persons of the opposite sex are in a qualifying relationship
if they are living together as husband and wife;

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(b)
two persons of the same sex are in a qualifying relationship if
they are living together as if they were civil partners.
(2B)
For the purposes of subsection (2A)(b), two persons of the same sex are
to be regarded as living together as if they were civil partners if, but
only if, they would be regarded as living together as husband and wife
5
were they instead two people of the opposite sex.”
(3)
Subsection (5) of that section (application of subsection (1) to Scotland:
substitution of paragraph (c)) ceases to have effect.
(4)
In Schedule 21 to the Civil Partnership Act 2004 (c. 33) (existing provisions to
which the provisions of section 246 about interpretation of references to
10
stepchildren apply), after paragraph 11 insert—
“11A
Section 3(4) of the Pneumoconiosis etc. (Workers’ Compensation)
Act 1979 (“child” and “relative”: establishment of relationship).”
Other
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Power to stop payment of allowances to care home residents
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(1)
In section 67 of the Contributions and Benefits Act (exclusions relating to
attendance allowance) for subsection (2) substitute—
“(2)
Regulations may provide that an attendance allowance shall not be
payable in respect of a person for a period when he is a resident of a
care home in circumstances in which any of the costs of any qualifying
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services provided for him are borne out of public or local funds under
a specified enactment.
(3)
The reference in subsection (2) to a care home is to an establishment that
provides accommodation together with nursing or personal care.
(4)
The following are qualifying services for the purposes of subsection
25
(2)—
(a)
accommodation,
(b)
board, and
(c)
personal care.
(5)
The reference in subsection (2) to a specified enactment is to an
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enactment which is, or is of a description, specified for the purposes of
that subsection by regulations.
(6)
The power to specify an enactment for the purposes of subsection (2)
includes power to specify it only in relation to its application for a
particular purpose.
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(7)
In this section, “enactment” includes an enactment comprised in, or in
an instrument made under, an Act of the Scottish Parliament.”
(2)
In section 72 of that Act (care component of disability living allowance), for
subsection (8) substitute—
“(8)
Regulations may provide that no amount in respect of a disability
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living allowance which is attributable to entitlement to the care
component shall be payable in respect of a person for a period when he
is a resident of a care home in circumstances in which any of the costs

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Part 4 — Miscellaneous
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of any qualifying services provided for him are borne out of public or
local funds under a specified enactment.
(9)
The reference in subsection (8) to a care home is to an establishment that
provides accommodation together with nursing or personal care.
(10)
The following are qualifying services for the purposes of subsection
5
(8)—
(a)
accommodation,
(b)
board, and
(c)
personal care.
(11)
The reference in subsection (8) to a specified enactment is to an
10
enactment which is, or is of a description, specified for the purposes of
that subsection by regulations.
(12)
The power to specify an enactment for the purposes of subsection (8)
includes power to specify it only in relation to its application for a
particular purpose.
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(13)
In this section, “enactment” includes an enactment comprised in, or in
an instrument made under, an Act of the Scottish Parliament.”
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Independent Living Funds
(1)
In section 1(1) of the Disability (Grants) Act 1993 (c. 14) (which lists the
organisations to which grants may be made by the Secretary of State)—
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(a)
paragraphs (a) and (b) (Independent Living (Extension) Fund and
Independent Living (1993) Fund) cease to have effect;
(b)
after paragraph (c) insert “, and
(d)
the Independent Living Fund (2006) established by a
deed dated 10th April 2006 and made between the
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Secretary of State for Work and Pensions of the one part
and Margaret Rosemary Cooper, Michael Beresford
Boyall and Marie Theresa Martin of the other part.”
(2)
In section 1(4) of that Act (modifications for Northern Ireland), in paragraph (a)
(which substitutes for the Secretary of State the relevant Northern Ireland
30
department), after “(other than the reference in subsection (1)(a) to the
Secretary of State for Social Security” insert “and the reference in subsection
(1)(d) to the Secretary of State for Work and Pensions”.
(3)
The Secretary of State may by order made by statutory instrument amend or
revoke any enactment contained in subordinate legislation (within the
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meaning of the Interpretation Act 1978 (c. 30)) if he considers it appropriate to
do so in consequence of the amendments made by this section.
(4)
A statutory instrument containing an order under subsection (3) shall be
subject to annulment in pursuance of a resolution of either House of
Parliament.
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(5)
The Department for Social Development in Northern Ireland may by order
made by statutory rule for the purposes of the Statutory Rules (Northern
Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) amend or revoke any enactment
contained in an instrument within the meaning of section 1(c) of the
Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) if it considers it
45
appropriate to do so in consequence of the amendments made by this section.

Welfare Reform Bill
Part 5 — General
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(6)
A statutory rule containing an order under subsection (5) shall be subject to
negative resolution within the meaning of section 41(6) of the Interpretation
Act (Northern Ireland) 1954 (c. 33 (N.I.)).
61
Minor and consequential amendments relating to Part 4
Schedule 7 (which makes miscellaneous minor amendments and amendments
5
consequential on this Part) has effect.
Part 5
General
62
Northern Ireland
(1)
This section applies to an Order in Council under paragraph 1(1) of the
10
Schedule to the Northern Ireland Act 2000 (c. 1) (legislation for Northern
Ireland during suspension of devolved government) which contains a
statement that it is made only for purposes corresponding to those of this Act.
(2)
Such an Order—
(a)
is not subject to paragraph 2 of that Schedule (affirmative resolution of
15
both Houses of Parliament), but
(b)
is subject to annulment in pursuance of a resolution of either House of
Parliament.
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General interpretation
In this Act—
20
“Administration Act” means the Social Security Administration Act 1992
(c. 5);
“Contributions and Benefits Act” means the Social Security Contributions
and Benefits Act 1992 (c. 4).
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Financial provisions: general
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(1)
There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred by the Secretary of State in consequence of
Parts 2 to 4 of this Act, and
(b)
any increase attributable to this Act in the sums payable out of money
so provided under any other enactment.
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(2)
There shall be paid into the Consolidated Fund any increase attributable to this
Act in the sums payable into that Fund under any other enactment.
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Repeals
The enactments specified in Schedule 8 are hereby repealed to the extent
specified.
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