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Health and Social Care Bill


Health and Social Care Bill
Part 4 — Health in pregnancy grant

81

 

(5)   

The Commissioners for Her Majesty’s Revenue and Customs may by

regulations make provision disapplying subsection (2) in the case of

prescribed descriptions of persons making a claim.”

(4)   

In section 71 of that Act (benefits in relation to which overpayments may be

recovered), in subsection (11), after paragraph (e), insert—

5

“(ea)   

health in pregnancy grant; and”.

(5)   

In the application of that section in relation to health in pregnancy grant,

references to the Secretary of State are to be read as references to the

Commissioners for Her Majesty’s Revenue and Customs.

(6)   

In section 122 of that Act (supply of information), after subsection (2) insert—

10

“(2A)   

The purposes for which health in pregnancy grant information may be

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

15

information held by the Commissioners for Her Majesty’s Revenue and

Customs in connection with the exercise of their functions relating to

health in pregnancy grant.”

(7)   

Chapter 2 of Part 1 of the Social Security Act 1998 (c. 14) (decisions and

appeals) is to have effect as if health in pregnancy grant were a relevant benefit

20

for the purposes of that Chapter; and the functions of the Secretary of State

under that Act are, in relation to that grant, exercisable by the Commissioners

for Her Majesty’s Revenue and Customs.

127     

Penalty: Great Britain

(1)   

After section 113B of the Social Security Administration Act 1992 (c. 5) insert—

25

“113C   

Health in pregnancy grant: civil penalty for fraud, etc.

Schedule 3A (health in pregnancy grant: civil penalty for fraud, etc.)

has effect.”

(2)   

Before Schedule 4 to that Act, insert—

“Schedule 3A

30

Health in pregnancy grant: Civil penalty for fraud, etc.

Penalty

1     (1)  

This paragraph applies where a person fraudulently or negligently—

(a)   

makes an incorrect statement or declaration in or in

connection with a claim for health in pregnancy grant, or

35

(b)   

gives incorrect information or evidence in response to a

requirement imposed on the person by virtue of section 5.

      (2)  

The Commissioners for Her Majesty’s Revenue and Customs may

make a determination imposing a penalty on the person.

      (3)  

The amount of a penalty imposed under this paragraph—

40

(a)   

is to be determined by the Commissioners, but

 
 

Health and Social Care Bill
Part 4 — Health in pregnancy grant

82

 

(b)   

may not exceed the amount of the grant.

      (4)  

A penalty imposed under this paragraph becomes payable at the end

of the period of 30 days beginning with the date on which the notice

is given.

      (5)  

The Commissioners must give notice of a determination imposing a

5

penalty under this paragraph to the person on whom it is imposed.

      (6)  

The notice must—

(a)   

state the date on which the notice is given,

(b)   

state the date on or before which payment is due in

accordance with sub-paragraph (4), and

10

(c)   

give details of the right to appeal under paragraph 2.

Appeal

2     (1)  

A person on whom a penalty is imposed under paragraph 1 may

appeal to an appeal tribunal against the determination imposing it.

      (2)  

On an appeal under sub-paragraph (1), an appeal tribunal may—

15

(a)   

set the determination aside,

(b)   

confirm the determination,

(c)   

reduce the amount of the penalty, or

(d)   

increase the amount of it (but not so as to exceed the amount

of the grant).

20

      (3)  

An appeal lies to a Commissioner from a decision of an appeal

tribunal under sub-paragraph (2).

      (4)  

On an appeal under sub-paragraph (3), a Commissioner has a similar

jurisdiction to that conferred on an appeal tribunal by sub-paragraph

(2).

25

      (5)  

In sub-paragraphs (1) to (4), “appeal tribunal” and “Commissioner”

have the same meaning as in Chapter 2 of Part 1 of the Social Security

Act 1998 (decisions, etc.).

      (6)  

The Commissioners for Her Majesty’s Revenue and Customs may by

regulations apply provision contained in that Act in relation to an

30

appeal under this paragraph (with such modifications as are

prescribed).

Mitigation

3          

The Commissioners for Her Majesty’s Revenue and Customs may

mitigate or entirely remit a penalty under this Schedule.

35

Time limit

4     (1)  

The Commissioners for Her Majesty’s Revenue and Customs may

make a determination imposing a penalty under paragraph 1 at any

time before the end of the period of two years beginning with the

relevant day.

40

 
 

Health and Social Care Bill
Part 4 — Health in pregnancy grant

83

 

      (2)  

In sub-paragraph (1), the “relevant day” is the day on which the

statement or declaration, or information or evidence, referred to in

paragraph 1(1) is made or given.

Recovery

5          

A penalty payable under this Schedule is to be treated for the

5

purposes of Part 6 of the Taxes Management Act 1970 (collection and

recovery) as if it were tax charged in an assessment and due and

payable.”

Northern Ireland

128     

Entitlement: Northern Ireland

10

After Part 8 of the Social Security Contributions and Benefits (Northern

Ireland) Act 1992 (c. 7) insert—

“Part 8A

Health in pregnancy grant

136A    

Entitlement

15

(1)   

A woman who satisfies prescribed conditions in relation to a pregnancy

of hers is entitled to payment of a lump sum (to be known as “health in

pregnancy grant”).

(2)   

A condition prescribed under subsection (1) may, in particular, require

a woman to have reached a specified stage of her pregnancy.

20

(3)   

A woman is not entitled to health in pregnancy grant unless—

(a)   

she has received advice on matters relating to maternal health

from a health professional;

(b)   

she is in Northern Ireland at the time she makes a claim for the

grant in accordance with the Administration Act.

25

(4)   

Circumstances may be prescribed in which a woman is to be treated for

the purposes of subsection (3)(b) as being, or as not being, in Northern

Ireland.

(5)   

In this section—

“health professional” has such meaning as may be prescribed,

30

“prescribed” means prescribed by regulations, and

“woman” means a female of any age.

(6)   

The power to make regulations under this section is exercisable by the

Treasury.

136B    

Amount

35

(1)   

Health in pregnancy grant is to be of an amount prescribed by

regulations made by the Treasury.

(2)   

Different amounts may be prescribed in relation to different cases.”

 
 

Health and Social Care Bill
Part 4 — Health in pregnancy grant

84

 

129     

Administration: Northern Ireland

(1)   

In section 5 of the Social Security Administration (Northern Ireland) Act 1992

(c. 8) (claims and payments regulations), in subsection (2), after paragraph (f),

insert—

“(fa)   

health in pregnancy grant;”.

5

(2)   

The power to make regulations under that section in relation to health in

pregnancy grant is exercisable by the Commissioners for Her Majesty’s

Revenue and Customs.

(3)   

After section 10 of that Act insert—

“Health in pregnancy grant

10

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

pregnancy grant by regulations under section 5.

(2)   

No person is entitled to health in pregnancy grant unless subsection (3)

15

or (4) is satisfied in relation to her.

(3)   

This subsection is satisfied in relation to a person if her claim for health

in pregnancy grant is accompanied by—

(a)   

a statement of her national insurance number and information

or evidence establishing that that number has been allocated to

20

her; or

(b)   

information or evidence enabling the national insurance

number that has been allocated to her to be ascertained.

(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

25

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

regulations make provision disapplying subsection (2) in the case of

prescribed descriptions of persons making a claim.”

30

(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”.

(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

35

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

used in accordance with subsection (2)(b) include the purpose of

determining whether conditions of entitlement to payments made out

40

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

 
 

Health and Social Care Bill
Part 4 — Health in pregnancy grant

85

 

Customs in connection with the exercise of their functions relating to

health in pregnancy grant.”

(7)   

Chapter 2 of Part 2 of the Social Security (Northern Ireland) Order 1998 (S.I.

1998/1506 (NI 10)) (decisions and appeals) is to have effect as if health in

pregnancy grant were a relevant benefit for the purposes of that Chapter; and

5

the functions of the Northern Ireland Department under that Order are, in

relation to that grant, exercisable by the Commissioners for Her Majesty’s

Revenue and Customs.

(8)   

In subsections (5) and (7), “the Northern Ireland Department” means the

Department for Social Development in Northern Ireland.

10

130     

Penalty: Northern Ireland

(1)   

After section 107B of the Social Security Administration (Northern Ireland) Act

1992 (c. 8) insert—

“107C   

 Health in pregnancy grant: civil penalty for fraud, etc.

Schedule 3A (health in pregnancy grant: civil penalty for fraud, etc.)

15

has effect.”

(2)   

Before Schedule 4 to that Act, insert—

“Schedule 3A

Health in pregnancy grant: Civil penalty for fraud, etc.

Penalty

20

1     (1)  

This paragraph applies where a person fraudulently or negligently—

(a)   

makes an incorrect statement or declaration in or in

connection with a claim for health in pregnancy grant, or

(b)   

gives incorrect information or evidence in response to a

requirement imposed on the person by virtue of section 5.

25

      (2)  

The Commissioners for Her Majesty’s Revenue and Customs may

make a determination imposing a penalty on the person.

      (3)  

The amount of a penalty imposed under this paragraph—

(a)   

is to be determined by the Commissioners, but

(b)   

may not exceed the amount of the grant.

30

      (4)  

A penalty imposed under this paragraph becomes payable at the end

of the period of 30 days beginning with the date on which the notice

is given.

      (5)  

The Commissioners must give notice of a determination imposing a

penalty under this paragraph to the person on whom it is imposed.

35

      (6)  

The notice must—

(a)   

state the date on which the notice is given,

(b)   

state the date on or before which payment is due in

accordance with sub-paragraph (4), and

(c)   

give details of the right to appeal under paragraph 2.

40

 
 

Health and Social Care Bill
Part 4 — Health in pregnancy grant

86

 

Appeal

2     (1)  

A person on whom a penalty is imposed under paragraph 1 may

appeal to an appeal tribunal against the determination imposing it.

      (2)  

On an appeal under sub-paragraph (1), an appeal tribunal may—

(a)   

set the determination aside,

5

(b)   

confirm the determination,

(c)   

reduce the amount of the penalty, or

(d)   

increase the amount of it (but not so as to exceed the amount

of the grant).

      (3)  

An appeal lies to a Commissioner from a decision of an appeal

10

tribunal under sub-paragraph (2).

      (4)  

On an appeal under sub-paragraph (3), a Commissioner has a similar

jurisdiction to that conferred on an appeal tribunal by sub-paragraph

(2).

      (5)  

In sub-paragraphs (1) to (4), “appeal tribunal” has the same meaning

15

as in Chapter 2 of Part 2 of the Social Security (Northern Ireland)

Order 1998 (decisions, etc.).

      (6)  

The Commissioners for Her Majesty’s Revenue and Customs may by

regulations apply provision contained in that Order in relation to an

appeal under this paragraph (with such modifications as are

20

prescribed).

Mitigation

3          

The Commissioners for Her Majesty’s Revenue and Customs may

mitigate or entirely remit a penalty under this Schedule.

Time limit

25

4     (1)  

The Commissioners for Her Majesty’s Revenue and Customs may

make a determination imposing a penalty under paragraph 1 at any

time before the end of the period of two years beginning with the

relevant day.

      (2)  

In sub-paragraph (1), the “relevant day” is the day on which the

30

statement or declaration, or information or evidence, referred to in

paragraph 1(1) is made or given.

Recovery

5          

A penalty payable under this Schedule is to be treated for the

purposes of Part 6 of the Taxes Management Act 1970 (collection and

35

recovery) as if it were tax charged in an assessment and due and

payable.”

131     

Northern Ireland: health in pregnancy grant to be excepted matter

In Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters), at the

beginning of paragraph 10B insert “Health in pregnancy grant,”.

40

 
 

 
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