Welfare Reform Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Part 1 — Social security
33


but, in the case of an authorisation given by virtue of regulations under
subsection (3), this subsection is subject to the regulations.
(7)
An authorisation given by virtue of any provision made by or under
this section—
(a)
may specify its duration,
5
(b)
may be revoked at any time by the Secretary of State, and
(c)
does not prevent the Secretary of State or any other person from
exercising the function to which the authorisation relates.
(8)
Anything done or omitted to be done by or in relation to an authorised
person (or an employee of that person) in, or in connection with, the
10
exercise or purported exercise of the function concerned is to be treated
for all purposes as done or omitted to be done by or in relation to the
Secretary of State or (as the case may be) an officer of the Secretary of
State.
(9)
But subsection (8) does not apply—
15
(a)
for the purposes of so much of any contract made between the
authorised person and the Secretary of State as relates to the
exercise of the function, or
(b)
for the purposes of any criminal proceedings brought in respect
of anything done by the authorised person (or an employee of
20
that person).
(10)
Any decision which an authorised person makes in exercise of a
function of the Secretary of State has effect as a decision of the Secretary
of State under section 8 of the 1998 Act.
(11)
Where—
25
(a)
the authorisation of an authorised person is revoked at any
time, and
(b)
at the time of the revocation so much of any contract made
between the authorised person and the Secretary of State as
relates to the exercise of the function is subsisting,
30

the authorised person is entitled to treat the contract as repudiated by
the Secretary of State (and not as frustrated by reason of the revocation).
(12)
In this section—
(a)
“the 1998 Act” means the Social Security Act 1998;
(b)
“authorised person” means a person authorised to exercise any
35
function by virtue of any provision made by or under this
section;
(c)
references to functions of the Secretary of State under any
enactment (including one comprised in regulations) include
functions which the Secretary of State has by virtue of the
40
application of section 8(1)(c) of the 1998 Act in relation to the
enactment.”
(3)
In each of the following provisions for “employment officer” substitute “officer
of the Secretary of State”—
(a)
section 8(1)(a),
45
(b)
section 9(1), (5), (6) and (7)(b),
(c)
section 10(1), (4), (5) and (6)(b)(ii),
(d)
section 16(3)(b)(ii),

Welfare Reform Bill
Part 1 — Social security
34

(e)
section 19(5)(b)(ii), (6)(c) and (10)(b) (as the section has effect before its
substitution by paragraph 6 of Schedule 1 to this Act), and
(f)
section 20A(2)(b)(ii) and (f) (as the section has effect before its
substitution by paragraph 7 of that Schedule).
(4)
In section 8(1A)(a), for “the Secretary of State” substitute “an officer of the
5
Secretary of State”.
(5)
In relation to any time before paragraph 4 of Schedule 1 to this Act is fully in
force, section 20E(2)(c) and (d) of the Jobseekers Act 1995 (c. 18) have effect as
if they included references to the giving of notifications or directions under
section 19 or 20A of that Act.
10
24
Attendance in connection with jobseeker’s allowance: sanctions
(1)
Section 8 of the Jobseekers Act 1995 (attendance, information and evidence) is
amended as follows.
(2)
In subsection (2), for paragraphs (a) to (c) (together with the “and” at the end
of paragraph (c)) substitute—
15
“(a)
prescribe circumstances in which a jobseeker’s allowance is not
to be payable for a prescribed period (of at least one week but
not more than two weeks) in the case of—
(i)
a claimant (other than a joint-claim couple claiming a
joint-claim jobseeker’s allowance) who fails to comply
20
with any regulations made under that subsection, or
(ii)
a joint-claim couple claiming a joint-claim jobseeker’s
allowance a member of which fails to comply with any
such regulations;
(b)
provide for the consequence set out in paragraph (a) not to
25
follow if, within a prescribed period of a person’s (“P”) failure
to comply with any such regulations (“the relevant period”), P
or, if P is a member of a joint-claim couple, either member of the
couple—
(i)
makes prescribed contact with an officer of the Secretary
30
of State, and
(ii)
shows that P had good cause for the failure;
(c)
provide for entitlement to a jobseeker’s allowance to cease at
such time as may be determined in accordance with any such
regulations if P or, as the case may be, a member of the couple
35
does not make prescribed contact with an officer of the
Secretary of State in the relevant period;
(ca)
prescribe circumstances in which a jobseeker’s allowance is to
be payable in respect of a claimant even though provision made
by any such regulations by virtue of paragraph (a) prevents
40
payment of a jobseeker’s allowance in respect of the claimant;
and”.
(3)
After that subsection insert—
“(2A)
The provision that may be made by any such regulations by virtue of
subsection (2)(ca) includes, in particular, provision for a jobseeker’s
45
allowance payable by virtue of that paragraph to be—
(a)
payable only if prescribed requirements as to the provision of
information are complied with;

Welfare Reform Bill
Part 1 — Social security
35

(b)
payable at a prescribed rate;
(c)
payable for a prescribed period (which may differ from the
period mentioned in subsection (2)(a)).”
(4)
In paragraph 3(da) of Schedule 3 to the Social Security Act 1998 (c. 14)
(decisions against which an appeal lies: payability of benefit), which is inserted
5
by section 1 of this Act, after “section” insert “8 or”.
25
Social security information and employment or training information
(1)
In section 2A of the Social Security Administration Act 1992 (c. 5) (claim or full
entitlement to certain benefits conditional on work-focused interview), after
subsection (7) insert—
10
“(7A)
Information supplied in pursuance of regulations under this section
shall be taken for all purposes to be information relating to social
security.”
(2)
In section 2AA of that Act (full entitlement to certain benefits conditional on
work-focused interview for partner), after subsection (6) insert—
15
“(6A)
Information supplied in pursuance of regulations under this section
shall be taken for all purposes to be information relating to social
security.”
(3)
In Schedule 1 to the Jobseekers Act 1995 (c. 18) (supplementary provisions
relating to jobseeker’s allowance), at the end insert—
20
“Treatment of information supplied as information relating to social security
19
Information supplied in pursuance of any provision made by or
under this Act shall be taken for all purposes to be information
relating to social security.”
(4)
In section 72 of the Welfare Reform and Pensions Act 1999 (c. 30) (supply of
25
information for certain purposes)—
(a)
in subsection (1)(a) and (b), after “social security information” insert
“, or information relating to employment or training,”, and
(b)
in subsection (7), for “purposes connected with employment or training
includes purposes connected with” substitute “information relating to,
30
or purposes connected with, employment or training includes
information relating to, or purposes connected with,”.
26
Persons under pensionable age to take part in work-focused interviews etc.
(1)
The Social Security Administration Act 1992 is amended as follows.
(2)
In section 2A (claim or full entitlement to certain benefits conditional on work-
35
focused interview)—
(a)
in subsection (1)(a), for sub-paragraph (ii) substitute—
“(ii)
has not attained pensionable age at the time of
making the claim (but see subsection (1A)),”,
(b)
in subsection (1)(b)(i), for “is under that age and” substitute “has not
40
attained pensionable age and is”, and

Welfare Reform Bill
Part 1 — Social security
36

(c)
after subsection (1) insert—
“(1A)
For the purposes of subsection (1) a man born before 6 April
1955 is treated as attaining pensionable age when a woman born
on the same day as the man would attain pensionable age.”
(3)
In section 2AA (full entitlement to certain benefits conditional on work-
5
focused interview for partner)—
(a)
in subsection (1)(a), for sub-paragraphs (i) and (ii) substitute—
“(i)
has not attained pensionable age (but see
subsection (1A)), and
(ii)
has a partner who has also not attained
10
pensionable age,”, and
(b)
after subsection (1) insert—
“(1A)
For the purposes of subsection (1) a man born before 6 April
1955 is treated as attaining pensionable age when a woman born
on the same day as the man would attain pensionable age.”
15
(4)
In sections 2A(1)(a) and 2AA(1), for “a work-focused interview” substitute
“one or more work-focused interviews”, and in section 2A(1)(b), for “such an
interview” substitute “one or more work-focused interviews”.
27
Minor amendments
(1)
Sections 80 and 81 of the Benefits Act (which continue to have effect in certain
20
cases despite their repeal by the Tax Credits Act 2002 (c. 21)) are to have effect
as if the references in those sections to a child or children included references
to a qualifying young person or persons.
(2)
“Qualifying young person” has the same meaning as in Part 9 of the Benefits
Act.
25
(3)
In section 150(2) of the Benefits Act (interpretation of Part 10: Christmas
bonus), in the definition of “qualifying employment and support allowance”,
for “an employment and support allowance” substitute “a contributory
allowance”.
(4)
Despite the provision made by the Welfare Reform Act 2007 (Commencement
30
No. 6 and Consequential Provisions) Order 2008 (S.I. 2008/ 787), paragraph
9(7) and (8) of Schedule 3 to the Welfare Reform Act 2007 (c. 5) (which amend
sections 88 and 89 of the Benefits Act) are deemed not to be in force by virtue
of the provision made by that order at any time after the passing of this Act.
(5)
In this section “the Benefits Act” means the Social Security Contributions and
35
Benefits Act 1992 (c. 4).

Welfare Reform Bill
Part 2 — Disabled people: right to control provision of services
37

Part 2
Disabled people: right to control provision of services
Introductory
28
Purpose of Part
The purpose of this Part is to enable disabled people aged 18 or over to exercise
5
greater choice in relation to, and greater control over, the way in which
relevant services (as defined by section 29) are provided to or for them, in cases
where the provision of the relevant services is a function of a relevant authority
(as defined by section 30).
29
Relevant services
10
(1)
In this Part “relevant services” means services—
(a)
which are provided to or for the benefit of a disabled person (“P”)
(whether or not in connection with P’s disability), and
(b)
which relate to one or more of the following matters.
(2)
Those matters are—
15
(a)
the provision of further education for P;
(b)
facilitating the undertaking by P of further education or higher
education;
(c)
the provision of training for P;
(d)
securing employment for P;
20
(e)
facilitating P’s continued employment;
(f)
enabling P to live independently or more independently in P’s home;
(g)
enabling P to overcome barriers to participation in society.
(3)
Relevant services also include the provision by or on behalf of a relevant
authority to or for the benefit of a disabled person of grants or loans relating to
25
one or more of the matters mentioned in subsection (2).
(4)
Relevant services do not include excluded services (provision as to direct
payments relating to excluded services being made by other legislation).
(5)
In relation to England and Wales, the following are excluded services—
(a)
community care services as defined by section 46(3) of the National
30
Health Service and Community Care Act 1990 (c. 19),
(b)
services provided under the Carers and Disabled Children Act 2000
(c. 16), and
(c)
services provided under section 17 of the Children Act 1989 (c. 41)
(provision of services for children in need, their families and others).
35
(6)
In relation to Scotland, the following are excluded services—
(a)
community care services as defined by section 5A of the Social Work
(Scotland) Act 1968 (c. 49), and
(b)
services provided under section 22(1) of the Children (Scotland) Act
1995 (c. 36) (promotion of welfare of children in need).
40
(7)
In this section “further education” and “higher education”—

Welfare Reform Bill
Part 2 — Disabled people: right to control provision of services
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(a)
in relation to England and Wales, have the same meaning as in the
Education Act 1996 (c. 56);
(b)
in relation to Scotland, have the same meaning as in the Further and
Higher Education (Scotland) Act 1992 (c. 37).
30
Relevant authority
5
(1)
In this Part “relevant authority” means—
(a)
a Minister of the Crown or government department;
(b)
the Scottish Ministers;
(c)
the Welsh Ministers;
(d)
a local authority;
10
(e)
a person or body whose functions are exercised on behalf of the Crown;
(f)
any other body which meets conditions A and B below.
(2)
Condition A is that the body is established by virtue of Her Majesty’s
prerogative or by an enactment or is established in any other way by a Minister
of the Crown acting as such or by a government department.
15
(3)
Condition B is that the body’s revenues derive wholly or mainly from public
funds.
(4)
In subsection (1)(d) “local authority” means—
(a)
a local authority within the meaning of the Local Government Act 1972
(c. 70),
20
(b)
a council constituted under section 2 of the Local Government etc.
(Scotland) Act 1994 (c. 39),
(c)
the Greater London Authority,
(d)
the Common Council of the City of London in its capacity as a local
authority, or
25
(e)
the Council of the Isles of Scilly.
(5)
In subsection (2) “Minister of the Crown” includes the Scottish Ministers and
the Welsh Ministers.
Power to make regulations
31
Power to make provision enabling exercise of greater choice and control
30
(1)
The appropriate authority (as defined by section 35) may by regulations made
by statutory instrument make any provision that would in the opinion of the
authority making the regulations serve the purpose of this Part.
(2)
Regulations under this section may, in particular, make provision for and in
connection with enabling a disabled person (“P”) in prescribed circumstances
35
to require a relevant authority that is or may be obliged, or has decided, to
provide P with a relevant service, or to arrange the provision of a relevant
service for P, to do any one or more of the following—
(a)
to carry out an assessment of P’s needs;
(b)
to prepare, in consultation with P, a plan setting out the way in which
40
the authority proposes to meet those needs;
(c)
to review and revise the plan in consultation with P taking account of
any changes in P’s needs or P’s wishes;

Welfare Reform Bill
Part 2 — Disabled people: right to control provision of services
39

(d)
at P’s request, to make payments to P in respect of P securing the
provision of an equivalent service.
(3)
Regulations under this section may also—
(a)
specify who is or is not to be treated as a disabled person for any
purpose of the regulations;
5
(b)
make provision about the circumstances in which a relevant authority
is to be taken to have decided to provide a relevant service to a person;
(c)
make provision enabling a disabled person to require a relevant
authority to assess the value of any relevant services to which the
person is entitled;
10
(d)
make provision as to matters to which a relevant authority must, or
may, have regard when making a decision for the purposes of a
provision of the regulations;
(e)
make provision as to steps which a relevant authority must, or may,
take before, or after, the relevant authority makes a decision for the
15
purposes of a provision of the regulations (including provision
requiring the relevant authority to review its decision).
(4)
Regulations under this section may enable or require the disclosure of
information by one relevant authority to another for prescribed purposes of the
regulations.
20
(5)
Regulations under this section may, for the purpose of this Part—
(a)
vary the conditions attached to any power of a relevant authority to
provide financial assistance to disabled people;
(b)
vary the conditions attached to any power of a relevant authority to
provide financial assistance to another relevant authority in connection
25
with the provision of relevant services to disabled people by the other
authority.
(6)
Regulations under this section may require a relevant authority exercising any
function under the regulations to have regard to any guidance given from time
to time by the appropriate authority.
30
32
Provision that may be made about direct payments
(1)
In this section “direct payments regulations” means regulations under section
31 making provision by virtue of subsection (2)(d) of that section and “direct
payments” means payments made by a relevant authority under the
regulations.
35
(2)
Direct payments regulations relating to a relevant service (“the qualifying
service”) of a relevant authority (“the providing authority”) may in
particular—
(a)
specify circumstances in which the providing authority is or is not
required to comply with a request for direct payments to be made
40
under the regulations, whether those circumstances relate to the
disabled person or to the qualifying service;
(b)
make provision about the manner in which a request for direct
payments is to be made;
(c)
make provision enabling a disabled person to require a providing
45
authority to assess the amount of the payments to which the person
would be entitled if the person were to request the authority to make
them;