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45S | Part 2A: further definitions |
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(1) | This Part is to be read in accordance with this section. |
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(2) | “Enactment” means an enactment whenever passed or made, and |
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includes an enactment comprised in subordinate legislation (within the |
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meaning of the Interpretation Act 1978). |
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(3) | “Medical examination” includes microbiological, radiological and |
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(4) | “Special restriction or requirement” has the meaning given by section |
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(b) | a dead body or human remains, |
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(6) | “The appropriate Minister” means— |
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(a) | the Secretary of State, as respects England (including the sea |
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adjacent to England out as far as the seaward boundary of the |
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(b) | the Welsh Ministers, as respects Wales (including the sea |
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adjacent to Wales out as far as that boundary). |
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(7) | An order made under section 158(3) of the Government of Wales Act |
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2006 (orders to determine boundary of the sea adjacent to Wales) |
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applies for the purposes of subsection (6) as it applies for the purposes |
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(8) | Any reference to amending an enactment includes a reference to |
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repealing, revoking or modifying the application of an enactment, and |
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“amendment” is to be read accordingly. |
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(9) | Any reference to giving effect to an international agreement or |
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arrangement includes a reference to giving effect to a recommendation |
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issued under such an agreement or arrangement.” |
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120 | Further amendments relating to public health protection |
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(1) | Part 2 of the Public Health (Control of Disease) Act 1984 (c. 22) (which is |
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superseded by the new Part 2A inserted by section 119) ceases to have effect. |
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(2) | Schedule 11 (which contains further amendments of that Act and other Acts) |
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Health in pregnancy grant |
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England, Wales and Scotland |
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121 | Entitlement: Great Britain |
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After Part 8 of the Social Security Contributions and Benefits Act 1992 (c. 4) |
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Health in pregnancy grant |
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(1) | A woman who satisfies prescribed conditions in relation to a pregnancy of hers |
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is entitled to payment of a lump sum (to be known as “health in pregnancy |
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(2) | A condition prescribed under subsection (1) may, in particular, require |
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a woman to have reached a specified stage of her pregnancy. |
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(3) | A woman is not entitled to health in pregnancy grant unless— |
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(a) | she has received advice on matters relating to maternal health |
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from a health professional; |
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(b) | she is in Great Britain at the time she makes a claim for the grant |
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in accordance with the Administration Act. |
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(4) | Circumstances may be prescribed in which a woman is to be treated for |
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the purposes of subsection (3)(b) as being, or as not being, in Great |
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“health professional” has such meaning as may be prescribed, |
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“prescribed” means prescribed by regulations, and |
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“woman” means a female of any age. |
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(6) | The power to make regulations under this section is exercisable by the |
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(1) | Health in pregnancy grant is to be of an amount prescribed by |
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regulations made by the Treasury. |
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(2) | Different amounts may be prescribed in relation to different cases.” |
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122 | Administration: Great Britain |
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(1) | In section 5 of the Social Security Administration Act 1992 (c. 5) (claims and |
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payments regulations), in subsection (2), after paragraph (f), insert— |
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“(fa) | health in pregnancy grant;”. |
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(2) | The power to make regulations under that section in relation to health in |
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pregnancy grant is exercisable by the Commissioners for Her Majesty’s |
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(3) | After section 12 of that Act insert— |
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“Health in pregnancy grant |
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12A | Necessity of application for health in pregnancy grant |
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(1) | No person is entitled to health in pregnancy grant unless she claims it |
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in the manner, and within the time, prescribed in relation to health in |
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pregnancy grant by regulations under section 5. |
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(2) | No person is entitled to health in pregnancy grant unless subsection (3) |
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or (4) is satisfied in relation to her. |
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(3) | This subsection is satisfied in relation to a person if her claim for health |
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in pregnancy grant is accompanied by— |
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(a) | a statement of her national insurance number and information |
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or evidence establishing that that number has been allocated to |
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(b) | information or evidence enabling the national insurance |
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number that has been allocated to her to be ascertained. |
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(4) | This subsection is satisfied in relation to a person if she makes an |
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application for a national insurance number to be allocated to her |
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which is accompanied by information or evidence enabling a national |
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insurance number to be allocated to her. |
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(5) | The Commissioners for Her Majesty’s Revenue and Customs may by |
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regulations make provision disapplying subsection (2) in the case of |
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prescribed descriptions of persons making a claim.” |
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(4) | In section 71 of that Act (benefits in relation to which overpayments may be |
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recovered), in subsection (11), after paragraph (e), insert— |
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“(ea) | health in pregnancy grant; and”. |
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(5) | In the application of that section in relation to health in pregnancy grant, |
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references to the Secretary of State are to be read as references to the |
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Commissioners for Her Majesty’s Revenue and Customs. |
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(6) | In section 122 of that Act (supply of information), after subsection (2) insert— |
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“(2A) | The purposes for which health in pregnancy grant information may be |
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used in accordance with subsection (2)(b) include the purpose of |
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determining whether conditions of entitlement to payments made out |
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of the social fund to meet maternity expenses have been satisfied. |
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(2B) | In subsection (2A), “health in pregnancy grant information” means |
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information held by the Commissioners for Her Majesty’s Revenue and |
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Customs in connection with the exercise of their functions relating to |
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health in pregnancy grant.” |
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(7) | Chapter 2 of Part 1 of the Social Security Act 1998 (c. 14) (decisions and |
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appeals) is to have effect as if health in pregnancy grant were a relevant benefit |
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for the purposes of that Chapter; and the functions of the Secretary of State |
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under that Act are, in relation to that grant, exercisable by the Commissioners |
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for Her Majesty’s Revenue and Customs. |
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123 | Penalty: Great Britain |
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(1) | After section 113B of the Social Security Administration Act 1992 (c. 5) insert— |
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“113C | Health in pregnancy grant: civil penalty for fraud, etc. |
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Schedule 3A (health in pregnancy grant: civil penalty for fraud, etc.) |
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(2) | Before Schedule 4 to that Act, insert— |
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Health in pregnancy grant: Civil penalty for fraud, etc. |
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1 (1) | This paragraph applies where a person fraudulently or negligently— |
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(a) | makes an incorrect statement or declaration in or in |
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connection with a claim for health in pregnancy grant, or |
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(b) | gives incorrect information or evidence in response to a |
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requirement imposed on the person by virtue of section 5. |
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(2) | The Commissioners for Her Majesty’s Revenue and Customs may |
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make a determination imposing a penalty on the person. |
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(3) | The amount of a penalty imposed under this paragraph— |
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(a) | is to be determined by the Commissioners, but |
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(b) | may not exceed the amount of the grant. |
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(4) | A penalty imposed under this paragraph becomes payable at the end |
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of the period of 30 days beginning with the date on which the notice |
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(5) | The Commissioners must give notice of a determination imposing a |
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penalty under this paragraph to the person on whom it is imposed. |
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(a) | state the date on which the notice is given, |
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(b) | state the date on or before which payment is due in |
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accordance with sub-paragraph (4), and |
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(c) | give details of the right to appeal under paragraph 2. |
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2 (1) | A person on whom a penalty is imposed under paragraph 1 may |
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appeal to an appeal tribunal against the determination imposing it. |
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(2) | On an appeal under sub-paragraph (1), an appeal tribunal may— |
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(a) | set the determination aside, |
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(b) | confirm the determination, |
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(c) | reduce the amount of the penalty, or |
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(d) | increase the amount of it (but not so as to exceed the amount |
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(3) | An appeal lies to a Commissioner from a decision of an appeal |
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tribunal under sub-paragraph (2). |
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(4) | On an appeal under sub-paragraph (3), a Commissioner has a similar |
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jurisdiction to that conferred on an appeal tribunal by sub-paragraph |
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(5) | In sub-paragraphs (1) to (4), “appeal tribunal” and “Commissioner” |
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have the same meaning as in Chapter 2 of Part 1 of the Social Security |
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Act 1998 (decisions, etc.). |
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(6) | The Commissioners for Her Majesty’s Revenue and Customs may by |
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regulations apply provision contained in that Act in relation to an |
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appeal under this paragraph (with such modifications as are |
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3 | The Commissioners for Her Majesty’s Revenue and Customs may |
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mitigate or entirely remit a penalty under this Schedule. |
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4 (1) | The Commissioners for Her Majesty’s Revenue and Customs may |
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make a determination imposing a penalty under paragraph 1 at any |
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time before the end of the period of two years beginning with the |
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(2) | In sub-paragraph (1), the “relevant day” is the day on which the |
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statement or declaration, or information or evidence, referred to in |
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paragraph 1(1) is made or given. |
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5 | A penalty payable under this Schedule is to be treated for the |
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purposes of Part 6 of the Taxes Management Act 1970 (collection and |
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recovery) as if it were tax charged in an assessment and due and |
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124 | Entitlement: Northern Ireland |
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After Part 8 of the Social Security Contributions and Benefits (Northern |
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|
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|
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|
Ireland) Act 1992 (c. 7) insert— |
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Health in pregnancy grant |
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(1) | A woman who satisfies prescribed conditions in relation to a pregnancy of hers |
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is entitled to payment of a lump sum (to be known as “health in pregnancy |
| |
| |
(2) | A condition prescribed under subsection (1) may, in particular, require |
| |
a woman to have reached a specified stage of her pregnancy. |
| |
(3) | A woman is not entitled to health in pregnancy grant unless— |
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(a) | she has received advice on matters relating to maternal health |
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from a health professional; |
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(b) | she is in Northern Ireland at the time she makes a claim for the |
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grant in accordance with the Administration Act. |
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(4) | Circumstances may be prescribed in which a woman is to be treated for |
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the purposes of subsection (3)(b) as being, or as not being, in Northern |
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“health professional” has such meaning as may be prescribed, |
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“prescribed” means prescribed by regulations, and |
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“woman” means a female of any age. |
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(6) | The power to make regulations under this section is exercisable by the |
| |
| |
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(1) | Health in pregnancy grant is to be of an amount prescribed by |
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regulations made by the Treasury. |
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(2) | Different amounts may be prescribed in relation to different cases.” |
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125 | Administration: Northern Ireland |
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(1) | In section 5 of the Social Security Administration (Northern Ireland) Act 1992 |
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(c. 8) (claims and payments regulations), in subsection (2), after paragraph (f), |
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“(fa) | health in pregnancy grant;”. |
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(2) | The power to make regulations under that section in relation to health in |
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pregnancy grant is exercisable by the Commissioners for Her Majesty’s |
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|
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|
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|
(3) | After section 10 of that Act insert— |
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“Health in pregnancy grant |
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10A | Necessity of application for health in pregnancy grant |
| |
(1) | No person is entitled to health in pregnancy grant unless she claims it |
| |
in the manner, and within the time, prescribed in relation to health in |
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pregnancy grant by regulations under section 5. |
| |
(2) | No person is entitled to health in pregnancy grant unless subsection (3) |
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or (4) is satisfied in relation to her. |
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(3) | This subsection is satisfied in relation to a person if her claim for health |
| |
in pregnancy grant is accompanied by— |
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(a) | a statement of her national insurance number and information |
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or evidence establishing that that number has been allocated to |
| |
| |
(b) | information or evidence enabling the national insurance |
| |
number that has been allocated to her to be ascertained. |
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(4) | This subsection is satisfied in relation to a person if she makes an |
| |
application for a national insurance number to be allocated to her |
| |
which is accompanied by information or evidence enabling a national |
| |
insurance number to be allocated to her. |
| |
(5) | The Commissioners for Her Majesty’s Revenue and Customs may by |
| 20 |
regulations make provision disapplying subsection (2) in the case of |
| |
prescribed descriptions of persons making a claim.” |
| |
(4) | In section 69 of that Act (benefits in relation to which overpayments may be |
| |
recovered), in subsection (11), after paragraph (e), insert— |
| |
“(ea) | health in pregnancy grant; and”. |
| 25 |
(5) | In the application of that section in relation to health in pregnancy grant, |
| |
references to the Northern Ireland Department are to be read as references to |
| |
the Commissioners for Her Majesty’s Revenue and Customs. |
| |
(6) | In section 116 of that Act (supply of information), after subsection (2) insert— |
| |
“(2A) | The purposes for which health in pregnancy grant information may be |
| 30 |
used in accordance with subsection (2)(b) include the purpose of |
| |
determining whether conditions of entitlement to payments made out |
| |
of the social fund to meet maternity expenses have been satisfied. |
| |
(2B) | In subsection (2A), “health in pregnancy grant information” means |
| |
information held by the Commissioners for Her Majesty’s Revenue and |
| 35 |
Customs in connection with the exercise of their functions relating to |
| |
health in pregnancy grant.” |
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(7) | Chapter 2 of Part 2 of the Social Security (Northern Ireland) Order 1998 (S.I. |
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1998/1506 (NI 10)) (decisions and appeals) is to have effect as if health in |
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pregnancy grant were a relevant benefit for the purposes of that Chapter; and |
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the functions of the Northern Ireland Department under that Order are, in |
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relation to that grant, exercisable by the Commissioners for Her Majesty’s |
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