Welfare Reform Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Part 2 — Disabled people: right to control provision of services
40

(d)
enable a disabled person to require a providing authority to comply
with a request to provide direct payments in place of the qualifying
service (or its provision at certain times or in certain circumstances)
while providing, or continuing to provide, other relevant services (or
providing, or continuing to provide, the qualifying service at other
5
times or in other circumstances);
(e)
make provision displacing functions or obligations of the providing
authority with respect to the provision of the qualifying service
(whether arising under any enactment, under any trust or otherwise) to
such extent and subject to such conditions as may be prescribed.
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(3)
Direct payments regulations must include provision excluding any duty of a
providing authority to comply with a request for direct payments, or a class of
such requests, if compliance with the request, or with requests falling within
that class, would in all the circumstances impose an unreasonable financial
burden on the providing authority.
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(4)
Direct payments regulations may—
(a)
make provision for and in connection with requiring or authorising the
providing authority to make direct payments to the disabled person or
such other person as the authority may determine (“the payee”) in
accordance with the regulations in respect of the person securing the
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provision of the equivalent service;
(b)
make provision as to the conditions falling to be complied with by the
payee in relation to the direct payments;
(c)
prescribe circumstances in which the providing authority may or must
terminate the making of direct payments;
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(d)
prescribe circumstances in which the providing authority may require
repayment (whether by the payee or otherwise) of the whole or any
part of the direct payments;
(e)
make provision for any sum falling to be paid or repaid to the
providing authority by virtue of any condition or other requirement
30
imposed in pursuance of the regulations to be recoverable as a debt due
to the authority;
(f)
prescribe circumstances in which any sum is to cease to be payable by
virtue of paragraph (d);
(g)
make provision authorising direct payments to be made to a prescribed
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person on behalf of the disabled person.
(5)
For the purposes of subsection (4)(b), the conditions that are to be taken to be
conditions in relation to direct payments include, in particular, conditions
relating to—
(a)
what is or is not to be regarded as an equivalent service,
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(b)
the securing of the provision of the equivalent service,
(c)
the provider of the service,
(d)
the person to whom the payments are made in respect of the provision
of the service, or
(e)
the provision of the service.
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33
Exercise of rights on behalf of persons who lack capacity
(1)
Regulations under section 31 may make provision for and in connection with
enabling any request or consent for the purposes of the regulations (including
any request or consent relating to payments by virtue of subsection (2)(d) of

Welfare Reform Bill
Part 2 — Disabled people: right to control provision of services
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that section) to be made or given on behalf of a disabled person who falls
within subsection (2) by a person of a prescribed description.
(2)
A person falls within this subsection—
(a)
in relation to England and Wales, if the person lacks capacity, within
the meaning of the Mental Capacity Act 2005 (c. 9), in relation to the
5
decision concerned, and
(b)
in relation to Scotland, if the person is incapable, within the meaning of
the Adults with Incapacity (Scotland) Act 2000 (asp 4), in relation to
that decision.
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Pilot schemes
10
(1)
Regulations to which this subsection applies may be made so as to have effect
for a specified period not exceeding 36 months.
(2)
Subsection (1) applies to regulations under section 31 that are made with a
view to ascertaining—
(a)
the extent to which their provisions contribute to achieving the purpose
15
of this Part,
(b)
the extent of any beneficial effects on the lives of the disabled people
affected, and
(c)
the extent of any financial burden imposed on the relevant authorities
to which the regulations relate.
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(3)
Regulations which, by virtue of subsection (1), are to have effect for a limited
period are referred to in this section as a “pilot scheme”.
(4)
A pilot scheme may provide that its provisions are to apply only in relation
to—
(a)
one or more specified areas;
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(b)
one or more specified classes of person;
(c)
persons selected—
(i)
by reference to prescribed criteria, or
(ii)
on a sampling basis.
(5)
A pilot scheme may make consequential or transitional provision with respect
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to the cessation of the scheme on the expiry of the specified period.
(6)
A pilot scheme may be replaced by a further pilot scheme making the same or
similar provision.
(7)
The appropriate authority which made a pilot scheme must prepare and
publish a report on the operation of the scheme.
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Supplementary
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The appropriate authority by which regulations under section 31 are made
(1)
Subsection (2) has effect to determine the appropriate authority by which
regulations under section 31 may be made.
(2)
The Secretary of State is the appropriate authority, except that—
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Welfare Reform Bill
Part 2 — Disabled people: right to control provision of services
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(a)
in relation to provision that would be within the legislative competence
of the Scottish Parliament if it were included in an Act of that
Parliament, the Scottish Ministers are the appropriate authority, and
(b)
in relation to provision that would be within the legislative competence
of the National Assembly for Wales if it were included in a Measure of
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the Assembly (or, if regulations are made after the Assembly Act
provisions come into force, an Act of the Assembly), the Welsh
Ministers are the appropriate authority.
(3)
Any power of the Secretary of State to make regulations under section 31 is
exercisable only with the consent of the Treasury.
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(4)
In this section “the Assembly Act provisions” has the meaning given by section
103(8) of the Government of Wales Act 2006 (c. 32).
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Regulations under section 31: supplementary provisions
(1)
Any power to make regulations under section 31 may be exercised—
(a)
in relation to all cases to which it extends,
15
(b)
in relation to those cases subject to specified exceptions, or
(c)
in relation to any specified cases or classes of case.
(2)
Any such power may be exercised so as to make, as respects the cases in
relation to which it is exercised—
(a)
the full provision to which the power extends or any less provision
20
(whether by way of exception or otherwise);
(b)
the same provision for all cases in relation to which it is exercised, or
different provision for different cases or different classes of case or
different provision as respect the same case or class of case for different
purposes;
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(c)
any such provision either unconditionally or subject to any specified
condition.
(3)
Where any such power is expressed to be exercisable for alternative purposes,
it may be exercised in relation to the same case for all or any of those purposes.
(4)
Any such power includes power—
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(a)
to make such incidental, supplementary, consequential or saving
provision as the authority making the regulations considers to be
necessary or expedient;
(b)
to provide for a person to exercise a discretion in dealing with any
matter;
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(c)
to amend or repeal an enactment whenever passed or made.
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Consultation
(1)
Before laying before Parliament (or the Scottish Parliament or the National
Assembly for Wales) a draft of a statutory instrument containing regulations
under section 31, the appropriate authority must—
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(a)
publish draft regulations in such manner as it thinks fit, and
(b)
invite representations to be made to it about the draft, during a
specified period of not less than 12 weeks, by persons appearing to it to
be affected by the proposals.

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Part 3 — Child maintenance
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(2)
In this section “the appropriate authority” is to be read in accordance with
section 35(2).
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Regulations under section 31: control by Parliament or other legislature
(1)
The Secretary of State may not make a statutory instrument containing
regulations under section 31 unless a draft of the instrument has been laid
5
before, and approved by a resolution of, each House of Parliament.
(2)
The Scottish Ministers may not make a statutory instrument containing
regulations under section 31 unless a draft of the instrument has been laid
before, and approved by a resolution of, the Scottish Parliament.
(3)
The Welsh Ministers may not make a statutory instrument containing
10
regulations under section 31 unless a draft of the instrument has been laid
before, and approved by a resolution of, the National Assembly for Wales.
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Interpretation of Part 2
In this Part—
“employment” includes self-employment;
15
“enactment” means an enactment contained in, or in an instrument made
under—
(a)
an Act of Parliament,
(b)
an Act of the Scottish Parliament, or
(c)
a Measure or Act of the National Assembly for Wales;
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“prescribed” means specified in, or determined in accordance with,
regulations under section 31.
Part 3
Child maintenance
40
Disqualification for holding etc. driving licence or travel authorisation
25
(1)
The Child Support Act 1991 (c. 48) is amended as follows.
(2)
In section 39B (disqualification for holding or obtaining travel authorisation)—
(a)
in subsection (1), for “The Commission may apply to the court for an
order under this section” substitute “The Commission may make an
order under this section (referred to in this section and sections 39C to
30
39F as a “disqualification order”)”, and
(b)
for subsections (3) to (13) substitute—
“(3)
A disqualification order shall provide that the person against
whom it is made is disqualified for holding or obtaining—
(a)
a driving licence,
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(b)
a travel authorisation, or
(c)
both a driving licence and a travel authorisation,

while the order has effect.
(4)
Before making a disqualification order against a person, the
Commission shall consider whether the person needs the
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relevant document in order to earn a living.

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(5)
A disqualification order shall specify the amount in respect of
which it is made.
(6)
That amount shall be the aggregate of—
(a)
the amount sought to be recovered as mentioned in
subsection (1)(a), or so much of it as remains unpaid;
5
and
(b)
the amount which the person against whom the order is
made is required to pay by the order under section
39DA(1).
(7)
The Commission shall serve a copy of the disqualification order
10
(together with a copy of the order under section 39DA(1)) on the
person against whom it is made.
(8)
In this section—
“driving licence” means a licence to drive a motor vehicle
granted under Part 3 of the Road Traffic Act 1988;
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“relevant document”, in relation to a disqualification order
made against a person, means the document (or
documents) for the holding or obtaining of which the
person is disqualified by the order;
“travel authorisation” means—
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(a)
a United Kingdom passport (within the meaning
of the Immigration Act 1971);
(b)
an ID card issued under the Identity Cards Act
2006 that records that the person to whom it has
been issued is a British citizen.”
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(3)
In section 39C (period for which orders under section 39B are to have effect),
for subsection (1) substitute—
“(1)
A disqualification order shall specify the period for which it is to have
effect.
(1A)
That period shall not exceed 12 months (subject to any extension under
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section 39CA or 39CB).
(1B)
That period shall begin to run with—
(a)
the first day after the end of the period within which an appeal
may be brought against the order under section 39CB(1); or
(b)
if the running of the period is suspended at that time, the first
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day when its running is no longer suspended.”
(4)
After that section insert—
“39CA
Surrender of relevant documents
(1)
A person against whom a disqualification order is made who holds any
relevant document shall surrender it in the prescribed manner to the
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prescribed person within the required period.
(2)
For this purpose “the required period” means the period of 7 days
beginning with the start of the period for which the order has effect or
has effect again following a period of suspension.
(3)
But, if immediately before the end of the required period the person has
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a good reason for not surrendering any relevant document, the person

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shall instead surrender it as soon as practicable after the end of that
period.
(4)
The Secretary of State may by regulations make provision
prescribing circumstances in which a person is, or is not, to be regarded
for the purposes of subsection (3) as having a good reason for not
5
surrendering any relevant document.
(5)
The requirements imposed by subsections (1) and (3) cease to have
effect if the period for which the disqualification order has effect is
suspended or ends.
(6)
A person who fails to comply with a requirement imposed by
10
subsection (1) or (3) commits an offence.
(7)
A person guilty of an offence under subsection (6) shall be liable on
summary conviction to a fine not exceeding level 3 on the standard
scale.
(8)
On sentencing a person for an offence under that subsection the court
15
may by order extend the period for which the disqualification order is
to have effect by such period as may be specified in the order under this
subsection.
(9)
But the power conferred by subsection (8) may not be exercised so as to
provide for the disqualification order to have effect for a period
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exceeding 2 years in total.
(10)
In this section “relevant document” has the same meaning as in section
39.
(11)
Where this section applies in relation to a driving licence at any time
before the commencement of Schedule 3 to the Road Safety Act 2006,
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any reference in this section to any relevant document includes the
licence’s counterpart (within the meaning of section 108(1) of the Road
Traffic Act 1988).
39CB
Appeals against disqualification orders
(1)
A person against whom a disqualification order is made may appeal to
30
the court against the order within a prescribed period (which must
begin with the first day on which that person had actual notice of the
order).
(2)
Where an appeal is brought under subsection (1), the running of the
period for which the order has effect shall be suspended until the time
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at which the appeal is determined, withdrawn or discontinued.
(3)
If—
(a)
the person against whom a disqualification order is made does
not bring an appeal within the period specified in subsection
(1), and
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(b)
prescribed conditions are satisfied,

the court may grant leave for an appeal to be brought after the end of
that period.
(4)
On granting leave under subsection (3) the court may suspend the
running of the period for which the order has effect until such time and
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on such conditions (if any) as it thinks just.

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(5)
On an appeal under this section the court—
(a)
shall reconsider the exercise by the Commission of its powers
under section 39B; and
(b)
may by order affirm, vary or revoke the disqualification order.
(6)
On an appeal under this section the court shall not question—
5
(a)
the liability order by reference to which the Commission acted
as mentioned in section 39B(1)(a);
(b)
any liability order made against the same person after the
disqualification order was made; or
(c)
the maintenance calculation by reference to which any liability
10
order within paragraph (a) or (b) was made.
(7)
The power under subsection (5) to vary a disqualification order
includes power to extend the period for which it has effect; but that
power may not be exercised so as to provide for it to have effect for a
period exceeding 2 years in total.
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(8)
If, on appeal under this section, the court affirms or varies a
disqualification order, the court shall substitute for the amount
specified under section 39B(5) the aggregate of—
(a)
the amount sought to be recovered as mentioned in section
39B(1)(a), or so much of it as remains unpaid;
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(b)
the amount which the person against whom the order was
made is required to pay by the order under section 39DA(1), so
far as remaining unpaid;
(c)
the amount which that person is required to pay by the order
under section 39DA(2); and
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(d)
if a liability order has been made against that person since the
disqualification order was made, the amount in respect of
which the liability order was made, so far as remaining unpaid.
(9)
On the affirmation or variation of the disqualification order by the
court, any existing suspension of the running of the period for which
30
the order is to have effect shall cease.
(10)
But the court may suspend the running of that period until such time
and on such conditions (if any) as it thinks fit if—
(a)
the person against whom the disqualification order was made
agrees to pay the amount specified in the order; or
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(b)
the court is of the opinion that the suspension in question is
justified by exceptional circumstances.
(11)
If, on an appeal under this section, the court revokes a disqualification
order, the court shall also revoke the order made under section
39DA(1).
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(12)
But subsection (11) does not apply if the court is of the opinion that,
having regard to all the circumstances, it is reasonable to require the
person against whom the disqualification order was made to pay the
costs mentioned in section 39DA(1).
(13)
In this section “the court” means—
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(a)
in relation to England and Wales, a magistrates’ court;
(b)
in relation to Scotland, the sheriff.”