Welfare Reform Bill

House of Commons

Session 2008 - 09
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Welfare Reform Bill

Welfare Reform Bill
Schedule 4 — Loss of benefit provisions: further amendments
Part 1 — Further amendments of Social Security Fraud Act 2001
84

Schedule 4
Section 19

Loss of benefit provisions: further amendments
Part 1
Further amendments of Social Security Fraud Act 2001
1
In this Part of this Schedule “the 2001 Act” means the Social Security Fraud
5
Act 2001 (c. 11).
2     (1)
Section 7 of the 2001 Act (loss of benefit for commission of benefit offences)
is amended as follows.
      (2)
In subsection (8)—
(a)
after the definition of “benefit offence” insert—
10
“ “post-commencement offence” means an offence
committed on or after 1 April 2002 (the day on which
this section came into force).”, and
(b)
omit the definitions of “disqualifying benefit” and “sanctionable
benefit”.
15
      (3)
Omit subsection (11).
      (4)
In the heading, for “commission of benefit offences” substitute “second or
subsequent conviction of benefit offence”.
3     (1)
Section 8 of the 2001 Act (effect of offence on joint-claim jobseeker’s
allowance) is amended as follows.
20
      (2)
In subsection (1)(b), for “the restriction in subsection (2) of section 7”
substitute “an offence-related restriction”.
      (3)
After subsection (1) insert—
“(1A)
In this section—
(a)
“an offence-related restriction” means the restriction in
25
subsection (5) of section 6B or the restriction in subsection (2)
of section 7, and
(b)
in relation to an offence-related restriction, any reference to
the relevant period is a reference to a period which is the
disqualification period for the purposes of section 6B or
30
section 7, as the case requires.”
      (4)
In subsection (2)—
(a)
for “the disqualification period” substitute “the relevant period”,
(b)
in paragraph (a), for “the restriction in subsection (2) of section 7”
substitute “an offence-related restriction”, and
35
(c)
in paragraph (b), for “that restriction” substitute “an offence-related
restriction”.
      (5)
In subsection (3)—
(a)
for “the disqualification period” substitute “the relevant period”, and
(b)
in paragraph (b), for “convictions section 7” substitute “conduct
40
section 6B or 7”.

Welfare Reform Bill
Schedule 4 — Loss of benefit provisions: further amendments
Part 1 — Further amendments of Social Security Fraud Act 2001
85

      (6)
In subsection (4), for “the disqualification period” substitute “the relevant
period”.
      (7)
After subsection (6) insert—
“(7)
Where, after the agreement of any member of a couple (“M”) to pay
a penalty under the appropriate penalty provision is taken into
5
account for the purposes of any restriction imposed by virtue of any
regulations under this section—
(a)
M’s agreement to pay the penalty is withdrawn under
subsection (5) of the appropriate penalty provision, or
(b)
it is decided on an appeal or in accordance with regulations
10
under the Social Security Act 1998 or the Social Security
(Northern Ireland) Order 1998 that the overpayment to
which the agreement relates is not recoverable or due,

all such payments and other adjustments shall be made as would be
necessary if no restriction had been imposed by or under this section
15
that could not have been imposed had M not agreed to pay the
penalty.
(8)
Where, after the agreement (“the old agreement”) of any member of
a couple (“M”) to pay a penalty under the appropriate penalty
provision is taken into account for the purposes of any restriction
20
imposed by virtue of any regulations under this section, the amount
of the overpayment to which the penalty relates is revised on an
appeal or in accordance with regulations under the Social Security
Act 1998 or the Social Security (Northern Ireland) Order 1998—
(a)
if there is a new disqualifying event for the purposes of
25
section 6B consisting of M’s agreement to pay a penalty
under the appropriate penalty provision in relation to the
revised overpayment or M being cautioned in relation to the
offence to which the old agreement relates, the new
disqualification period for the purposes of section 6B falls to
30
be determined in accordance with section 6C(4)(a), and
(b)
in any other case, all such payments and other adjustments
shall be made as would be necessary if no restriction had
been imposed by or under this section that could not have
been imposed had M not agreed to pay the penalty.
35
(9)
In this section “the appropriate penalty provision” has the meaning
given by section 6B(2)(a).”
4     (1)
Section 9 of the 2001 Act (effect of offence on benefits for members of
offender’s family) is amended as follows.
      (2)
In subsection (2)(b), for “section 7” substitute “section 6B or 7”.
40
      (3)
After subsection (6) insert—
“(7)
Where, after the agreement of any member of a person’s family
(“M”) to pay a penalty under the appropriate penalty provision is
taken into account for the purposes of any restriction imposed by
virtue of any regulations under this section—
45
(a)
M’s agreement to pay the penalty is withdrawn under
subsection (5) of the appropriate penalty provision, or
(b)
it is decided on an appeal or in accordance with regulations
under the Social Security Act 1998 or the Social Security

Welfare Reform Bill
Schedule 4 — Loss of benefit provisions: further amendments
Part 1 — Further amendments of Social Security Fraud Act 2001
86

(Northern Ireland) Order 1998 that the overpayment to
which the agreement relates is not recoverable or due,

all such payments and other adjustments shall be made as would be
necessary if no restriction had been imposed that could not have
been imposed had M not agreed to pay the penalty.
5
(8)
Where, after the agreement (“the old agreement”) of any member of
a person’s family (“M”) to pay a penalty under the appropriate
penalty provision is taken into account for the purposes of any
restriction imposed by virtue of any regulations under this section,
the amount of the overpayment to which the penalty relates is
10
revised on an appeal or in accordance with regulations under the
Social Security Act 1998 or the Social Security (Northern Ireland)
Order 1998—
(a)
if there is a new disqualifying event for the purposes of
section 6B consisting of M’s agreement to pay a penalty
15
under the appropriate penalty provision in relation to the
revised overpayment or M being cautioned in relation to the
offence to which the old agreement relates, the new
disqualification period for the purposes of section 6B falls to
be determined in accordance with section 6C(4)(a), and
20
(b)
in any other case, all such payments and other adjustments
shall be made as would be necessary if no restriction had
been imposed by or under this section that could not have
been imposed had M not agreed to pay the penalty.
(9)
In this section “the appropriate penalty provision” has the meaning
25
given by section 6B(2)(a).”
5     (1)
Section 10 of the 2001 Act (power to supplement and mitigate loss of benefit
provisions) is amended as follows.
      (2)
In subsection (1), for “sections 7 to 9” substitute “sections 6A to 9”.
      (3)
In subsection (2), after “section” insert “6B,”.
30
6     (1)
Section 11 of the 2001 Act (loss of benefit regulations) is amended as follows.
      (2)
In subsections (1) and (2), for “sections 7 to 10” substitute “sections 6B to 10”.
      (3)
In subsection (3)—
(a)
in paragraph (a), after “section” insert “6B or”,
(b)
in paragraph (b), after “section” insert “6B(7),”, and
35
(c)
in paragraph (c), after “section” insert “6B(7), (8), (9) or (10),”.
      (4)
In subsections (4) and (5), for “sections 7 to 10” substitute “sections 6B to 10”.
7     (1)
Section 13 of the 2001 Act (interpretation of sections 7 to 12) is amended as
follows.
      (2)
For the words “sections 7 to 12”, both in the section and in the heading to the
40
section, substitute “sections 6A to 12”.
      (3)
After the definition of “benefit” insert—
“ “cautioned”, in relation to any person and any offence, means
cautioned after the person concerned has admitted the
offence; and “caution” is to be interpreted accordingly;”.
45

Welfare Reform Bill
Schedule 5 — Section 40: consequential amendments etc.
87

      (4)
Omit the definitions of “disqualification period” and “post-commencement
offence”.
      (5)
In the definition of “sanctionable benefit”, for “section 7(8)” substitute
“section 6A(1)”.
8
In section 21(2) of the of the 2001 Act (extent), after “sections 5(2),” insert
5
“6A, 6B and 6C”.
Part 2
Related amendments of other Acts
Social Security Administration Act 1992 (c. 5)
9
In section 170 of the Social Security Administration Act 1992 (functions of
10
Social Security Advisory Committee in relation to the relevant enactments
and the relevant Northern Ireland enactments, in subsection (5)—
(a)
in the definition of the “relevant enactments”, in paragraph (ag), for
“sections 7 to 11” substitute “sections 6A to 11”, and
(b)
in the definition of “the relevant Northern Ireland enactments”, in
15
paragraph (ag), for “sections 7 to 11” substitute “sections 6A to 11”.
Social Security Act 1998 (c. 14)
10
In paragraph 3 of Schedule 3 to the Social Security Act 1998 (decisions
against which an appeal lies), in paragraph (f), after “section” insert “6B,”.
Schedule 5
20
Section 40

Section 40: consequential amendments etc.
Child Support Act 1991 (c. 48).
1
The Child Support Act 1991 is amended as follows.
2
In section 39B (disqualification for holding or obtaining travel
authorisation), in the title, after “obtaining” insert “driving licence or”.
25
3     (1)
Section 39C (period for which orders under section 39B are to have effect) is
amended as follows.
      (2)
In subsection (2)—
(a)
for “an order under section 39B, the court” substitute “a
disqualification order, the Commission”, and
30
(b)
for “as the court” substitute “as the Commission”.
      (3)
In subsection (3)—
(a)
for “such an order the court” substitute “a disqualification order, the
Commission”, and
(b)
for “as the court” substitute “as the Commission”.
35
      (4)
In subsection (4)—
(a)
for “court” (in both places) substitute “Commission”, and

Welfare Reform Bill
Schedule 5 — Section 40: consequential amendments etc.
88

(b)
in paragraph (a), for “the order under section 39B” substitute “the
disqualification order”.
      (5)
In subsection (5)—
(a)
for “application under section 39B” substitute “disqualification
order”, and
5
(b)
for “an order under that section” substitute “a previous
disqualification order”.
      (6)
In the title, for “orders under section 39B” substitute “disqualification
orders”.
4
In section 39D (power to order search), for subsections (1) and (2)
10
substitute—
“(1)
On an appeal under section 39CB the court may order the person
against whom the disqualification order was made to be searched.
(2)
Any money found on such a search shall, unless the court otherwise
directs, be applied towards payment of any amount that would
15
otherwise, on the affirmation or variation of the order, be substituted
under section 39CB(8) for the amount specified under section 39B(5);
and the balance (if any) shall be returned to the person searched.”
5     (1)
Section 39E (variation and revocation of orders following payment) is
amended as follows.
20
      (2)
In subsection (1)—
(a)
for “an order under section 39B” substitute “a disqualification order”,
(b)
for “court” substitute “Commission”,
(c)
omit “the Commission or”, and
(d)
in paragraphs (a) and (b), for “the order under section 39B” substitute
25
“the disqualification order”.
      (3)
After that subsection insert—
“(1A)
The power conferred by subsection (1) shall be exercisable by the
court instead of by the Commission at any time when an appeal
brought under section 39CB against the order has not been
30
determined, withdrawn or discontinued.”
      (4)
In subsection (2)—
(a)
for “an order under section 39B” substitute “a disqualification order”,
(b)
for “court” substitute “Commission”,
(c)
omit “the Commission or”, and
35
(d)
for “the order under section 39B” substitute “the disqualification
order”.
      (5)
Omit subsections (3) to (5).
6
For section 39F substitute—
“39F
Power to make supplementary provision
40
(1)
The Secretary of State may by regulations make provision with
respect to—
(a)
disqualification orders;
(b)
appeals against disqualification orders; and

Welfare Reform Bill
Schedule 6 — Registration of births
Part 1 — Amendments of Births and Deaths Registration Act 1953
89

(c)
orders under section 39DA.
(2)
The regulations may, in particular, make provision—
(a)
as to the form and content of a disqualification order;
(b)
as to the surrender of documents under section 39CA and
their return when the period for which a disqualification
5
order has effect is suspended or has ended;
(c)
that a statement in writing to the effect that wages of any
amount have been paid to a person during any period,
purporting to be signed by or on behalf of the person’s
employer, shall be evidence (or, in Scotland, sufficient
10
evidence) of the facts stated for the purposes of an appeal
under section 39CB;
(d)
permitting or requiring the court to dismiss an appeal
brought under that section where the person who brought it
fails to appear at the hearing;
15
(e)
requiring the court to send notice to the Commission of any
order made on an appeal under that section;
(f)
as to the exercise by the Commission and the court of the
power conferred by section 39E(1);
(g)
as to the revival of a disqualification order in such
20
circumstances as may be prescribed;
(h)
for sections 39C to 39E to have effect with prescribed
modifications in cases where a person against whom a
disqualification order has effect is outside the United
Kingdom.”
25
7
Omit section 39G (application of sections 39B and 39F to Scotland).
8
Omit section 40B (disqualification for holding or obtaining driving licence).
9
In section 52(2A)(b) (regulations and orders: affirmative resolution
procedure), after “under section” insert “39CA(4), 39CB(3)(b),”.
Child Maintenance and Other Payments Act 2008 (c. 6)
30
10
In section 59(5) and (6) of the Child Maintenance and Other Payments Act
2008 (transition), after “39B,” insert “39CB,”.
Schedule 6
Section 44

Registration of births
Part 1
35
Amendments of Births and Deaths Registration Act 1953
1
In this Schedule “the 1953 Act” means the Births and Deaths Registration Act
1953 (c. 20).
2     (1)
Section 1 of the 1953 Act (particulars of births required to be registered) is
amended as follows.
40

Welfare Reform Bill
Schedule 6 — Registration of births
Part 1 — Amendments of Births and Deaths Registration Act 1953
90

      (2)
In subsection (2), for paragraph (a) substitute—
“(a)
the mother of the child;
(aa)
the father of the child where—
(i)
the child is one whose father and mother were
married to each other at the time of the child’s birth,
5
or
(ii)
the father is a qualified informant by virtue of
subsection (2)(a) of section 10 (registration of father
where parents not married or of second female parent
where parents not civil partners) or by virtue of
10
regulations under subsection (6)(b) of section 2E
(scientific tests);”.
      (3)
For subsection (3) substitute—
“(3)
In subsection (2)(aa)—
(a)
the first reference to the father is, in the case of a child who
15
has a parent by virtue of section 42 or 43 of the Human
Fertilisation and Embryology Act 2008, to be read as a
reference to the woman who is a parent by virtue of that
section,
(b)
the reference in sub-paragraph (ii) to the father being a
20
qualified informant by virtue of section 10(2)(a) is, in the case
of a child who has a parent by virtue of section 43 of that Act,
to be read as a reference to that parent being a qualified
informant by virtue of section 10(2A)(a).”
      (4)
After subsection (3) insert—
25
“(4)
In this Part, references to a child whose father and mother were, or
were not, married to each other at the time of the child’s birth are to
be read in accordance with section 1 of the Family Law Reform Act
1987 (which extends the cases in which a person is treated as being a
person whose father and mother were married to each other at the
30
time of the person’s birth).”
3     (1)
Section 2 of the 1953 Act (information concerning birth to be given to
registrar within 42 days) is amended as follows.
      (2)
In subsection (1), after “every birth” insert “of a child whose father and
mother were married to each other at the time of the child’s birth”.
35
      (3)
In subsection (2), for “subsection (1)” substitute “subsection (1)(a) and (b)”.
      (4)
In the title, for the words from “to be given” onwards substitute “of child
whose parents are married”.
4
After section 2 of the 1953 Act insert—
“2A
Information concerning birth of child whose parents are not married
40
(1)
In the case of every birth of a child whose father and mother were not
married to each other at the time of the birth, it shall be the duty—
(a)
of the mother of the child, and
(b)
in the case of the death or inability of the mother, of each
qualified informant falling within section 1(2)(b) to (e),
45