|
| |
|
“Repayments of external provider social loans |
| |
78A | Repayments of external provider social loans |
| |
(1) | Regulations may provide for the collection by the Secretary of State of |
| |
repayments of a qualifying loan— |
| |
(a) | by deduction in accordance with the regulations from |
| 5 |
prescribed benefits payable to— |
| |
| |
(ii) | where the borrower is a member of a couple, the other |
| |
| |
| 10 |
(2) | In subsection (1) “qualifying loan” means— |
| |
(a) | an external provider social loan, as defined by subsection (9) of |
| |
section 140ZA of the Contributions and Benefits Act, or |
| |
(b) | a loan made by virtue of arrangements made under any |
| |
provision having effect in Northern Ireland and corresponding |
| 15 |
| |
(3) | The Secretary of State must pay any amounts collected to the person to |
| |
whom the loan is repayable, except to the extent that the regulations |
| |
| |
(4) | In this section “couple” has the meaning given by section 137(1) of the |
| 20 |
Contributions and Benefits Act.” |
| |
14 | Power to restrict availability of social fund loans |
| |
In section 138 of the Social Security Contributions and Benefits Act 1992 |
| |
(payments out of the social fund) after subsection (2) insert— |
| |
“(2A) | Directions given by the Secretary of State under subsection (1)(b) may |
| 25 |
restrict the making of payments by way of crisis loan or budgeting loan |
| |
to persons living in areas in which external provider social loans (as |
| |
defined by section 140ZA(9)) are to any extent available.” |
| |
15 | Supply of information to or by lenders making external provider social loans |
| |
After section 122F of the Social Security Administration Act 1992 (c. 5) insert— |
| 30 |
“Lenders making external provider social loans |
| |
122G | Supply of information in connection with external provider social |
| |
| |
(1) | Regulations may make provision— |
| |
(a) | authorising the Secretary of State, or a person providing |
| 35 |
services to the Secretary of State, to supply to relevant persons |
| |
information relating to social security, and |
| |
(b) | authorising or requiring relevant persons to supply to the |
| |
Secretary of State, or a person providing services to the |
| |
Secretary of State, information relating to the operation of |
| 40 |
arrangements under section 140ZA of the Contributions and |
| |
Benefits Act (external provider social loans). |
| |
|
| |
|
| |
|
(2) | In this section “relevant person” means— |
| |
(a) | a person with whom arrangements have been made under |
| |
section 140ZA of the Contributions and Benefits Act, or |
| |
(b) | a person providing services to such a person. |
| |
(3) | Regulations under this section must specify the purposes for which |
| 5 |
information may be supplied by virtue of subsection (1)(a), which must |
| |
be purposes connected with external provider social loans. |
| |
(4) | Regulations may make provision as to the use or disclosure of |
| |
information supplied under the regulations (including provision |
| |
creating criminal offences). |
| 10 |
(5) | In this section “external provider social loan” has the meaning given by |
| |
section 140ZA(9) of the Contributions and Benefits Act.” |
| |
| |
16 | Community care grants relating to specified goods or services |
| |
(1) | The Social Security Contributions and Benefits Act 1992 (c. 4) is amended as |
| 15 |
| |
(2) | In section 138 (payments out of social fund), before subsection (3) insert— |
| |
“(2B) | If or to the extent that directions issued under subsection (2) of section |
| |
140 by virtue of subsection (4)(ca) of that section require the award of a |
| |
community care grant to be expressed as the award of a payment for |
| 20 |
goods or services specified in the award, the power to make a payment |
| |
out of the social fund under subsection (1)(b) shall be exercised by |
| |
making a payment to a third party specified in the award, with a view |
| |
to the third party providing, or arranging for the provision of, the |
| |
specified goods or services for the applicant.” |
| 25 |
(3) | In subsection (3) of that section, for “The power” substitute “If or to the extent |
| |
that subsection (2B) does not apply, the power”. |
| |
(4) | In section 139 (awards by social fund officers), in subsection (1), after “how |
| |
much it is to be” insert “or, where section 138(2B) applies, what goods or |
| |
services are to be specified”. |
| 30 |
(5) | For subsection (5) of that section substitute— |
| |
“(5) | Payment of an award shall be made to the applicant unless— |
| |
(a) | section 138(2B) applies, or |
| |
(b) | the appropriate officer determines otherwise.” |
| |
(6) | In section 140 (principles of determination), in subsection (4), after paragraph |
| 35 |
| |
“(ca) | that, except in circumstances specified in the direction, an |
| |
appropriate officer shall express an award of a community care |
| |
grant as the award of a payment for goods or services that are— |
| |
(i) | determined by the appropriate officer in accordance |
| 40 |
| |
(ii) | specified in the award, and |
| |
|
| |
|
| |
|
(iii) | to be provided by, or under arrangements made by, a |
| |
specified person with whom arrangements have been |
| |
made by the Secretary of State.” |
| |
(7) | After that subsection insert— |
| |
“(4A) | The reference in subsection (1) to the amount or value to be awarded is, |
| 5 |
in a case where directions under subsection (4)(ca) apply, to be read as |
| |
a reference to the goods or services to be specified in the award.” |
| |
17 | Community care grants: reviews and information |
| |
(1) | In section 38 of the Social Security Act 1998 (c. 14) (reviews of determinations) |
| |
| 10 |
(a) | in paragraph (a), after “social fund determination” insert “other than an |
| |
excluded determination”, and |
| |
(b) | in paragraph (b), for “such a determination” substitute “a social fund |
| |
| |
(2) | After that subsection insert— |
| 15 |
“(1A) | For the purposes of subsection (1)(a) an “excluded determination” is |
| |
any determination to award a community care grant where the award |
| |
is expressed as the award of a payment for goods or services specified |
| |
in the award, other than such a determination made in prescribed |
| |
| 20 |
(3) | After section 122G of the Social Security Administration Act 1992 (c. 5) insert— |
| |
“Persons supplying goods and services to recipients of community care grants |
| |
122H | Supply of information in connection with community care grants |
| |
(1) | In this section “relevant supplier” means— |
| |
(a) | a person with whom the Secretary of State has made |
| 25 |
arrangements of the kind mentioned in section 140(4)(ca)(iii) of |
| |
the Contributions and Benefits Act (arrangements for supply of |
| |
goods or services in connection with community care grants), or |
| |
(b) | a person providing services to such a person. |
| |
(2) | Regulations may make provision authorising the Secretary of State, or |
| 30 |
a person providing services to the Secretary of State, to supply to |
| |
relevant suppliers information relating to community care grants. |
| |
(3) | Regulations may make provision authorising or requiring relevant |
| |
suppliers to supply to the Secretary of State or a person providing |
| |
services to the Secretary of State, information relating to the operation |
| 35 |
| |
(4) | Regulations under this section must specify the purposes for which |
| |
information may be supplied by virtue of subsection (2) or (3), which |
| |
must be purposes connected with community care grants. |
| |
(5) | Regulations may make provision as to the use or disclosure of |
| 40 |
information supplied under the regulations (including provision |
| |
creating criminal offences). |
| |
|
| |
|
| |
|
(6) | In this section “community care grant” has the same meaning as in Part |
| |
8 of the Contributions and Benefits Act.” |
| |
| |
| |
(1) | The Social Security Administration Act 1992 (c. 5) is amended as follows. |
| 5 |
(2) | In section 5 (regulations about claims for and payments of benefit)— |
| |
(a) | in subsection (1), omit paragraph (r) (which relates to payments on |
| |
| |
(b) | after that subsection insert— |
| |
“(1A) | Regulations may provide for the making of a payment on account of a |
| 10 |
benefit to which this section applies— |
| |
(a) | where a person by or in respect of whom a claim has been or |
| |
might be made (including a person in respect of whom an |
| |
award has been made) would be in need if no payment on |
| |
| 15 |
(b) | where an award has been made but it is impracticable to pay |
| |
the full amount of the benefit immediately. |
| |
| |
(a) | make provision about the manner in which payments |
| |
on account of a benefit to which this section applies are |
| 20 |
to be set against subsequent payments of benefit (other |
| |
than payments on account), and |
| |
(b) | prescribe circumstances in which payments on account |
| |
are not to be set against subsequent payments of benefit |
| |
(and are not to be otherwise recoverable).” |
| 25 |
(3) | In section 7 (relationship between community charge benefit and other |
| |
benefits), in subsection (2)(a) for “section 5(1)(r)” substitute “section 5(1A)”. |
| |
(4) | In section 16 (emergency payments by local authorities and other bodies), in |
| |
subsection (1), for “subsection (1)(r)” substitute “subsection (1A)”. |
| |
(5) | In section 71 (overpayments—general), for subsection (7) substitute— |
| 30 |
“(7) | Circumstances may be prescribed in which a payment on account by |
| |
virtue of section 5(1A) may be recovered to the extent that it is not set |
| |
against subsequent payments of the benefit to which it relates.” |
| |
Benefit sanctions for offenders |
| |
19 | Loss of benefit provisions |
| 35 |
(1) | Before section 7 of the Social Security Fraud Act 2001 (c. 11) (but after the italic |
| |
heading immediately before that section) insert— |
| |
“6A | Meaning of “disqualifying benefit” and “sanctionable benefit” for |
| |
purposes of sections 6B and 7 |
| |
(1) | In this section and sections 6B and 7— |
| 40 |
|
| |
|
| |
|
“disqualifying benefit” means (subject to any regulations under |
| |
| |
(a) | any benefit under the Jobseekers Act 1995 or the |
| |
Jobseekers (Northern Ireland) Order 1995; |
| |
(b) | any benefit under the State Pension Credit Act 2002 or |
| 5 |
the State Pension Credit Act (Northern Ireland) 2002; |
| |
(c) | any benefit under Part 1 of the Welfare Reform Act 2007 |
| |
or Part 1 of the Welfare Reform Act (Northern Ireland) |
| |
2007 (employment and support allowance); |
| |
(d) | any benefit under the Social Security Contributions and |
| 10 |
Benefit Act 1992 or the Social Security Contributions and |
| |
Benefits (Northern Ireland) Act 1992 other than— |
| |
| |
(ii) | statutory sick pay and statutory maternity pay; |
| |
| 15 |
“sanctionable benefit” means (subject to subsection (2) and to any |
| |
regulations under section 10(1)) any disqualifying benefit other |
| |
| |
(a) | joint-claim jobseeker’s allowance; |
| |
(b) | any retirement pension; |
| 20 |
(c) | graduated retirement benefit; |
| |
(d) | disability living allowance; |
| |
(e) | attendance allowance; |
| |
| |
(g) | guardian’s allowance; |
| 25 |
(h) | a payment out of the social fund in accordance with Part |
| |
8 of the Social Security Contributions and Benefits Act |
| |
| |
(i) | a payment under Part 10 of that Act (Christmas |
| |
| 30 |
(2) | In their application to Northern Ireland sections 6B and 7 shall have |
| |
effect as if references to a sanctionable benefit were references only to a |
| |
| |
6B | Loss of benefit in case of conviction, penalty or caution for benefit |
| |
| 35 |
(1) | Subsection (4) applies where a person (“the offender”)— |
| |
(a) | is convicted of one or more benefit offences in any proceedings, |
| |
(b) | after being given a notice under subsection (2) of the |
| |
appropriate penalty provision by an appropriate authority, |
| |
agrees in the manner specified by the appropriate authority to |
| 40 |
pay a penalty under the appropriate penalty provision to the |
| |
appropriate authority by reference to an overpayment, in a case |
| |
where the offence mentioned in subsection (1)(b) of the |
| |
appropriate penalty provision is a benefit offence, or |
| |
(c) | in England and Wales or Northern Ireland, is cautioned in |
| 45 |
respect of one or more benefit offences. |
| |
(2) | In subsection (1)(b)— |
| |
(a) | “the appropriate penalty provision” means section 115A of the |
| |
Administration Act (penalty as alternative to prosecution) or |
| |
|
| |
|
| |
|
section 109A of the Social Security Administration (Northern |
| |
Ireland) 1992 (the corresponding provision for Northern |
| |
| |
(b) | “appropriate authority” means— |
| |
(i) | in relation to section 115A of the Administration Act, the |
| 5 |
Secretary of State or an authority which administers |
| |
housing benefit or council tax benefit, and |
| |
(ii) | in relation to section 109A of the Social Security |
| |
Administration (Northern Ireland) Act 1992, the |
| |
Department (within the meaning of that Act) or the |
| 10 |
Northern Ireland Housing Executive. |
| |
(3) | Subsection (4) does not apply by virtue of subsection (1)(a) if, because |
| |
the proceedings in which the offender was convicted constitute the |
| |
later set of proceedings for the purposes of section 7, the restriction in |
| |
subsection (2) of that section applies in the offender’s case. |
| 15 |
(4) | If this subsection applies and the offender is a person with respect to |
| |
whom the conditions for an entitlement to a sanctionable benefit are or |
| |
become satisfied at any time within the disqualification period, then, |
| |
even though those conditions are satisfied, the following restrictions |
| |
shall apply in relation to the payment of that benefit in the offender’s |
| 20 |
| |
(5) | Subject to subsections (6) to (10), the sanctionable benefit shall not be |
| |
payable in the offender’s case for any period comprised in the |
| |
| |
(6) | Where the sanctionable benefit is income support, the benefit shall be |
| 25 |
payable in the offender’s case for any period comprised in the |
| |
disqualification period as if the applicable amount used for the |
| |
determination under section 124(4) of the Social Security Contributions |
| |
and Benefits Act 1992 of the amount of the offender’s entitlement for |
| |
that period were reduced in such manner as may be prescribed. |
| 30 |
(7) | The Secretary of State may by regulations provide that, where the |
| |
sanctionable benefit is jobseeker’s allowance, any income-based |
| |
jobseeker’s allowance shall be payable, during the whole or a part of |
| |
any period comprised in the disqualification period, as if one or more |
| |
of the following applied— |
| 35 |
(a) | the rate of the allowance were such reduced rate as may be |
| |
| |
(b) | the allowance were payable only if there is compliance by the |
| |
offender with such obligations with respect to the provision of |
| |
information as may be imposed by the regulations; |
| 40 |
(c) | the allowance were payable only if the circumstances are |
| |
otherwise such as may be prescribed. |
| |
(8) | The Secretary of State may by regulations provide that, where the |
| |
sanctionable benefit is state pension credit, the benefit shall be payable |
| |
in the offender’s case for any period comprised in the disqualification |
| 45 |
period as if the rate of the benefit were reduced in such manner as may |
| |
| |
(9) | The Secretary of State may by regulations provide that, where the |
| |
sanctionable benefit is employment and support allowance, any |
| |
|
| |
|
| |
|
income-related allowance shall be payable, during the whole or a part |
| |
of any period comprised in the disqualification period, as if one or more |
| |
of the following applied— |
| |
(a) | the rate of the allowance were such reduced rate as may be |
| |
| 5 |
(b) | the allowance were payable only if there is compliance by the |
| |
offender with such obligations with respect to the provision of |
| |
information as may be imposed by the regulations; |
| |
(c) | the allowance were payable only if the circumstances are |
| |
otherwise such as may be prescribed. |
| 10 |
(10) | The Secretary of State may by regulations provide that, where the |
| |
sanctionable benefit is housing benefit or council tax benefit, the benefit |
| |
shall be payable, during the whole or a part of any period comprised in |
| |
the disqualification period, as if one or more of the following applied— |
| |
(a) | the rate of the benefit were reduced in such manner as may be |
| 15 |
| |
(b) | the benefit were payable only if the circumstances are such as |
| |
| |
(11) | For the purposes of this section the disqualification period, in relation |
| |
to any disqualifying event, means the period of four weeks beginning |
| 20 |
with such date, falling after the date of the disqualifying event, as may |
| |
be determined by or in accordance with regulations made by the |
| |
| |
(12) | This section has effect subject to section 6C. |
| |
(13) | In this section and section 6C— |
| 25 |
| |
(a) | any post-commencement offence in connection with a |
| |
claim for a disqualifying benefit; |
| |
(b) | any post-commencement offence in connection with the |
| |
receipt or payment of any amount by way of such a |
| 30 |
| |
(c) | any post-commencement offence committed for the |
| |
purpose of facilitating the commission (whether or not |
| |
by the same person) of a benefit offence; |
| |
(d) | any post-commencement offence consisting in an |
| 35 |
attempt or conspiracy to commit a benefit offence; |
| |
“disqualifying event” means the conviction falling within |
| |
subsection (1)(a), the agreement falling within subsection (1)(b) |
| |
or the caution falling within subsection (1)(c); |
| |
“post-commencement offence” means any criminal offence |
| 40 |
committed after the commencement of this section. |
| |
6C | Section 6B: supplementary provisions |
| |
| |
(a) | the conviction of any person of any offence is taken into account |
| |
for the purposes of the application of section 6B in relation to |
| 45 |
| |
(b) | that conviction is subsequently quashed, |
| |
|
| |
|