Welfare Reform Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Schedule 5 — Minor and consequential amendments relating to Part 2
75

(b)
make provision for the review of an award of a transitional
allowance;
(c)
make provision for the termination of an award of a transitional
allowance;
(d)
make provision for this Part to have effect with prescribed
5
modifications in relation to a person with a transitional allowance;
(e)
make provision for the purpose of enabling a transitional allowance
to be revised under section 9 of the Social Security Act 1998 (c. 14) or
superseded under section 10 of that Act.
8     (1)
Regulations may prescribe circumstances in which a person who is entitled
10
to a transitional allowance immediately before reaching pensionable age is
to be treated as having satisfied the condition in paragraph 5(2) of Schedule
3 to the Contributions and Benefits Act (first contribution condition for
entitlement to state pension).
      (2)
In this paragraph, “pensionable age” has the meaning given by the rules in
15
paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26).
Post-commencement up-rating of incapacity benefit and severe disablement allowance
9
Regulations may provide for section 150 of the Administration Act (annual
up-rating of benefits), so far as relating to—
(a)
incapacity benefit under section 30A of the Contributions and
20
Benefits Act, or
(b)
severe disablement allowance under section 68 of that Act,

to have effect with prescribed modifications in relation to tax years
beginning on or after the appointed day.
Interpretation
25
10
In this Schedule—
“appointed day” means the day appointed for the coming into force of
section 1;
“existing benefit” means—
(a)
incapacity benefit under section 30A of the Contributions and
30
Benefits Act,
(b)
severe disablement allowance under section 68 of that Act,
and
(c)
income support under section 124 of that Act by virtue of
paragraph 7(a) or (b) of Schedule 1B to the Income Support
35
(General) Regulations 1987 (S.I. 1987/1967);
“transitional allowance” has the meaning given by paragraph 7(a).
Schedule 5
Section 39

Minor and consequential amendments relating to Part 2
Social Security Contributions and Benefits Act 1992 (c. 4)
40
1     (1)
The Contributions and Benefits Act is amended as follows.

Welfare Reform Bill
Schedule 5 — Minor and consequential amendments relating to Part 2
76

      (2)
In section 123(4) (income-related benefits), for the words before paragraph
(a) substitute “Each billing authority and in Scotland each local authority”.
      (3)
In section 130(2) (housing benefit: qualifying payments), for paragraph (a)
substitute—
“(a)
payments to a billing authority or to a local authority in
5
Scotland in respect of council tax;”.
      (4)
In section 137(1) (interpretation of Part 7), after the definition of “industrial
injuries scheme” insert—
““local authority” in relation to Scotland means a council
constituted under section 2 of the Local Government etc.
10
(Scotland) Act 1994;”.
Social Security Administration Act 1992 (c. 5)
2
The Administration Act is amended as follows.
3
In section 134 (arrangements for housing benefit)—
(a)
in subsection (8)(a) before “war” in each place insert “prescribed”;
15
(b)
in that subsection omit “or surviving civil partner’s”;
(c)
after subsection (13) insert—
“(14)
In this section “war widow’s pension” includes any
corresponding pension payable to a widower or surviving
civil partner.”
20
4
In section 139 (arrangements for council tax benefit)—
(a)
in subsection (6)(a) before “war” in each place insert “prescribed”;
(b)
in subsection (11) omit the definition of “war disablement pension”
and for the definition of “war widow’s pension” substitute—
““war widow’s pension” includes any corresponding
25
pension payable to a widower or surviving civil
partner.”
5
In section 139E (information about attainment of standards), in subsection
(1)—
(a)
for “section 139D(3)” substitute “section 139D(3A) or (3B)”;
30
(b)
after paragraph (a) insert—
“(aa)
whether the authority has taken the action which it
has been directed to take;”;
(c)
in paragraph (b) after “those standards” insert “or take that action”.
6     (1)
Section 139F (enforcement notices) is amended as follows.
35
      (2)
In subsection (1)—
(a)
for “section 139D(3)” substitute “section 139D(3A) or (3B)”;
(b)
after paragraph (a) insert—
“(aa)
is not satisfied that the authority has taken the action
which it has been directed to take;”;
40
(c)
in paragraph (b) after “those standards” insert “or take that action”.
      (3)
In subsection (2)(a), after “paragraph (a)” insert “, (aa)”.
      (4)
In subsection (4), at the beginning insert “If the notice identifies directions
under section 139D(3A),”.

Welfare Reform Bill
Schedule 5 — Minor and consequential amendments relating to Part 2
77

      (5)
After subsection (4) insert—
“(4A)
If the notice identifies directions under section 139D(3B), the
authority’s response shall either—
(a)
state that the authority has taken the action, or is likely to take
it within the time specified in the directions, and justify that
5
statement; or
(b)
state that the authority has not taken the action, or is not
likely to take it within that time, and (if the authority wishes)
give reasons why a determination under section 139G below
should not be made or should not include any particular
10
provision.”
7     (1)
Section 139G (enforcement determinations) is amended as follows.
      (2)
In subsection (1)—
(a)
in paragraph (a) after “the standards” insert “or taken the action”;
(b)
in paragraph (b) after “those standards” insert “or take that action”.
15
      (3)
In subsections (3) and (5)(c), after “the standards” insert “or the taking of the
action”.
8     (1)
In section 140A(2)(c) (subsidies to certain authorities), for “or levying
authority” substitute “and to each local authority in Scotland”.
      (2)
Sub-paragraph (1) must be taken to have had effect from 1 April 1997 (the
20
date of the coming into force of section 140A of that Act).
9
In section 140B(5A) (calculation of amount of subsidy), for “section 139D(3)”
substitute “section 139D(3A) or (3B)”.
10
In section 191 (interpretation), in the definition of “prescribe” at the end
insert “and “prescribed” must be construed accordingly”.
25
Local Government etc. (Scotland) Act 1994 (c. 39)
11
In Schedule 13 to the Local Government etc. (Scotland) Act 1994 (minor and
consequential amendments)—
(a)
paragraph 174(4) is omitted;
(b)
paragraph 175(3) extends also to England and Wales and,
30
accordingly, the amendments made by that sub-paragraph extend
also to England and Wales.
Housing Act 1996 (c. 52)
12
In section 122(5) of the Housing Act 1996 for “regulations or order as are
mentioned in subsection (3) or (4)” substitute “order as is mentioned in
35
subsection (4)”.
Child Support, Pensions and Social Security Act 2000 (c. 19)
13
In Schedule 7 to the Child Support, Pensions and Social Security Act 2000
(housing benefit and council tax benefit: revisions and appeals), in
paragraph 1(2), after paragraph (b) insert—
40
“(c)
a decision of a relevant authority under or by virtue of
section 75 or 76 of the Administration Act that an amount
of housing benefit or council tax benefit is recoverable;”.

Welfare Reform Bill
Schedule 6 — Schedule to be inserted in the Pneumoconiosis etc. (Workers’ Compensation) Act 1979
78

Civil Partnership Act 2004 (c. 33)
14
In Schedule 24 to the Civil Partnership Act 2004 (amendments relating to
social security, child support and tax credits), omit paragraph 65.
Schedule 6
Section 57

Schedule to be inserted in the Pneumoconiosis etc. (Workers’ Compensation)
5
Act 1979
“THE SCHEDULE
Section 2(3)

Definition of “relevant employer”
Basic definition
1
Subject to the following provisions, “relevant employer”, in
10
relation to a person disabled by a disease to which this Act applies,
means any person—
(a)
by whom the disabled person was employed in a
prescribed occupation at any time during the period
during which he was developing the disease, and
15
(b)
against whom he might have or might have had a claim for
damages in respect of the disablement.
Disregarded employers
2
A person is not a relevant employer in relation to a person
disabled by a disease to which this Act applies if the disabled
20
person has had no period of employment with him which is a
qualifying period of employment.
3
A person is not a relevant employer in relation to a person
disabled by a disease to which this Act applies if the disabled
person’s qualifying period of employment with him did not
25
exceed 12 months.
4
A person is not a relevant employer in relation to a person
disabled by a disease to which this Act applies if the disabled
person’s qualifying period of employment with him—
(a)
did not exceed 5 years, and
30
(b)
represents not more than 25% of the time during which the
disabled person was employed in a prescribed occupation.
5
A person is not a relevant employer in relation to a person
disabled by a disease to which this Act applies if the disabled
person’s qualifying period of employment with him—
35
(a)
did not exceed 7 years, and
(b)
represents not more than 20% of the time during which the
disabled person was employed in a prescribed occupation.

Welfare Reform Bill
Schedule 7 — Minor and consequential amendments relating to Part 4
79

6
In paragraphs 3 to 5, references to the disabled person’s qualifying
period of employment with his employer, where there has been
more than one such period, are to the aggregate of those periods.
“Qualifying period of employment”
7     (1)
In this Schedule, “qualifying period of employment”, in relation to
5
a person disabled by a disease to which this Act applies, means
any period of employment in a prescribed occupation, except
for—
(a)
a period of employment which ended more than 20 years
before the qualifying date, and
10
(b)
in the case of a claim relating to diffuse mesothelioma, a
period of employment which began not more than 15 years
before the qualifying date.
      (2)
In sub-paragraph (1), “qualifying date” means—
(a)
the date on which the Secretary of State determines a claim
15
for disablement benefit made by or on behalf of the
disabled person in respect of the disease, or
(b)
if the disabled person has died without a claim for
disablement benefit in respect of the disease having been
determined, the date on which he died.
20
“Prescribed occupation”
8     (1)
In this Schedule, “prescribed occupation”, in relation to a person
disabled by a disease to which this Act applies, means an
occupation prescribed in relation to the disease by the Secretary of
State by order made by statutory instrument.
25
      (2)
A statutory instrument that—
(a)
contains an order under sub-paragraph (1), and
(b)
is not subject to any requirement that a draft of the
instrument be laid before, and approved by a resolution of,
each House of Parliament,
30

shall be subject to annulment in pursuance of a resolution of either
House of Parliament.
Power to amend Schedule
9
Regulations may modify this Schedule.”
Schedule 7
35
Section 61

Minor and consequential amendments relating to Part 4
Vaccine Damage Payments Act 1979 (c. 17)
1     (1)
The Vaccine Damage Payments Act 1979 is amended as follows.

Welfare Reform Bill
Schedule 7 — Minor and consequential amendments relating to Part 4
80

      (2)
In section 4(2) (power to make regulations about appeals), at the beginning
insert “In relation to appeals under subsection (1) to an appeal tribunal
constituted under Chapter 1 of Part 1 of the Social Security Act 1998,”.
      (3)
In section 4(3) (provision which may be made under the preceding
subsection), for “The regulations” substitute “Regulations under subsection
5
(2)”.
      (4)
In section 7A (correction of errors and setting aside of decisions)—
(a)
in subsection (1)(a) (decisions with respect to which regulations
made by the Secretary of State may make provision), after “Act”
insert “, other than a decision of an appeal tribunal constituted under
10
Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order
1998”;
(b)
in subsection (2) (nothing in subsection (1) to affect other powers),
after “subsection (1)” insert “or (1A)”.
      (5)
In section 8 (regulations), in subsection (1) (references in the Act to
15
regulations are to regulations made by the Secretary of State), after
“provisions of this Act” insert “, except sections 4(3A) and (3B) and 7A(1A),”.
      (6)
In that section, in subsection (3) (provision which may be contained in
regulations made by the Secretary of State)—
(a)
after paragraph (b) insert “and”;
20
(b)
paragraph (d) (power to confer functions on appeal tribunals) ceases
to have effect.
      (7)
In that section, at the end insert—
“(4)
Any power of the Department for Social Development in Northern
Ireland to make regulations under this Act—
25
(a)
shall be exercisable by statutory rule for the purposes of the
Statutory Rules (Northern Ireland) Order 1979 which shall be
subject to negative resolution within the meaning of section
41(6) of the Interpretation Act (Northern Ireland) 1954; and
(b)
includes power to make such incidental or supplementary
30
provision as appears to the Department to be appropriate.”
      (8)
After section 9 insert—
“9A
Interpretation: “appeal tribunal”

In this Act, references to an appeal tribunal, without more, are to a
tribunal constituted under—
35
(a)
Chapter 1 of Part 1 of the Social Security Act 1998; or
(b)
Chapter 1 of Part 2 of the Social Security (Northern Ireland)
Order 1998.”
      (9)
In section 12(3)(b) (duty of Secretary of State to pay travelling and other
allowances to persons required to attend before tribunals under section 4)—
40
(a)
after “required” insert “under section 4”, and
(b)
for “under section 4 above” substitute “constituted under Chapter 1
of Part 1 of the Social Security Act 1998”.
Social Security Contributions and Benefits Act 1992 (c. 4)
2     (1)
The Contributions and Benefits Act is amended as follows.
45

Welfare Reform Bill
Schedule 7 — Minor and consequential amendments relating to Part 4
81

      (2)
In section 73 (mobility component of disability living allowance), in
subsection (9)(a), after “subsection (1)” insert “(a) to (d)”.
      (3)
In section 140 (social fund payments: principles of determination), for
subsection (3) substitute—
“(3)
Without prejudice to the generality of subsection (2), the Secretary of
5
State may issue directions under that subsection for the purpose of
securing that allocations under section 168 of the Administration Act
are not exceeded.”
Social Security Administration Act 1992 (c. 5)
3     (1)
The Administration Act is amended as follows.
10
      (2)
In section 2AA(2) (benefits to which section applies), for paragraph (e)
substitute—
“(e)
carer’s allowance.”
      (3)
In section 168 (allocations from social fund), in subsection (5) (power to give
directions with respect to the control and management of social fund
15
allocations to particular officers or groups of officers), for “the amounts
allocated to them” substitute “any amounts allocated to them”.
      (4)
In subsection (6) of that section (definition of “appropriate officer”), for
“payments from the social fund such as are mentioned in section 138(1)(b) of
the Contributions and Benefits Act” substitute “section 138(1)(b) payments”.
20
Social Security Act 1998 (c. 14)
4
In section 38(7) of the Social Security Act 1998 (principles applicable on
review of social fund determination), at the end of paragraph (a)(i) insert
“and”.