Session 2010 - 11
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Welfare Reform Bill


Welfare Reform Bill
Schedule 2 — Universal credit: amendments

108

 

25    (1)  

Section 165 (adjustments between National Insurance Fund and

Consolidated Fund) is amended as follows.

      (2)  

In subsection (1)(a)(iii), after “Act” there is inserted “, universal credit”.

      (3)  

In subsection (6)(a), for “or section 27 of the Welfare Reform Act 2007” there

is substituted “section 27 of the Welfare Reform Act 2007 or section 134 of the

5

Welfare Reform Act 2011”.

26    (1)  

In section 170 (Social Security Advisory Committee), subsection (5) is

amended as follows.

      (2)  

In the definition of “the relevant enactments”—

(a)   

in paragraph (af), for the words from “sections 68” to “to that Act”

10

there is substituted “sections 69 and 70 of the Child Support,

Pensions and Social Security Act 2000;”;

(b)   

after paragraph (aj) there is inserted—

“(ak)   

the provisions of Part 1 of the Welfare Reform Act

2011;”.

15

      (3)  

In the definition of “the relevant Northern Ireland enactments”—

(a)   

in paragraph (af), for the words from “sections 68” to “to that Act”

there is substituted “sections 69 and 70 of the Child Support,

Pensions and Social Security Act 2000;”;

(b)   

after paragraph (aj) there is inserted—

20

“(ak)   

any provisions in Northern Ireland which correspond

to the provisions of Part 1 of the Welfare Reform Act

2011;”.

27    (1)  

Section 179 (reciprocal agreements) is amended as follows.

      (2)  

In subsection (3)(a), after “2007” there is inserted “, Part 1 of the Welfare

25

Reform Act 2011”.

      (3)  

In subsection (4), after paragraph (af) there is inserted—

“(ag)   

to Part 1 of the Welfare Reform Act 2011; and”.

      (4)  

In subsection (5), before paragraph (a) there is inserted—

“(za)   

universal credit;”.

30

28         

In section 180 (payment of travelling expenses), in paragraphs (a) and (b)(i),

after “2007” there is inserted “, Part 1 of the Welfare Reform Act 2011”.

29         

In section 182B (information about postal redirection), in subsection (5)(b),

after “1995” there is inserted “, Part 1 of the Welfare Reform Act 2011”.

30         

In section 187 (inalienability), in subsection (1), at the beginning there is

35

inserted—

“(za)   

universal credit;”.

31         

In section 191 (interpretation), in the definition of “benefit”, after “includes”

there is inserted “universal credit,”.

Local Government Finance Act 1992 (c. 14)

40

32         

The Local Government Finance Act 1992 is amended as follows.

33    (1)  

Schedule 4 is amended as follows.

 
 

Welfare Reform Bill
Schedule 2 — Universal credit: amendments

109

 

      (2)  

In paragraph 6—

(a)   

in sub-paragraph (1), after “entitled to” there is inserted “universal

credit”;

(b)   

in sub-paragraph (2)(b), after “by way of” there is inserted “universal

credit”.

5

      (3)  

In paragraph 12(1)—

(a)   

after paragraph (a) there is inserted—

“(aa)   

deductions from universal credit may be resorted

to more than once;”;

(b)   

in paragraph (d), after “attachment of earnings” there is inserted

10

“deductions from universal credit”.

34         

In Schedule 8, in paragraph 6—

(a)   

in sub-paragraph (1), after “entitled to” there is inserted “universal

credit”;

(b)   

in sub-paragraph (2)(b), after “by way of” there is inserted “universal

15

credit”.

Jobseekers Act 1995 (c. 18)

35         

In section 2 of the Jobseekers Act 1995, in subsection (3C) (as inserted by

section 12(5) of the Welfare Reform Act 2009), in the definition of “benefit”,

before paragraph (a) there is inserted—

20

“(za)   

universal credit,”.

Housing Act 1996 (c. 52)

36         

In section 122 of the Housing Act 1996 (rent officers), in the heading and in

subsection (1), after “with” there is inserted “universal credit,”.

Education Act 1996 (c. 56)

25

37         

The Education Act 1996 is amended as follows.

38         

In section 457 (charges and remissions policies) in subsection (4)(b), before

sub-paragraph (i) there is inserted—

“(ai)   

in receipt of universal credit in such circumstances as

may be prescribed for the purposes of this

30

paragraph,”.

39         

In section 512ZB (provision of free school lunches and milk: eligibility to

request free milk)—

(a)   

in subsection (4)(a), before sub-paragraph (i) there is inserted—

“(ai)   

in receipt of universal credit in such

35

circumstances as may be prescribed for the

purposes of this paragraph, or”;

(b)   

in subsection (4)(b), before sub-paragraph (i) there is inserted—

“(ai)   

in receipt of universal credit in such

circumstances as may be prescribed for the

40

purposes of this paragraph, or”.

 
 

Welfare Reform Bill
Schedule 2 — Universal credit: amendments

110

 

Social Security (Recovery of Benefits) Act 1997 (c. 27)

40         

The Social Security (Recovery of Benefits) Act 1997 is amended as follows.

41         

In section 29 (general interpretation), in the definition of “benefit”, after

“means” there is inserted “universal credit”.

42         

In the table in Schedule 2 (calculation of compensation payment), in the

5

section relating to compensation for earnings lost during the relevant

period, at the top of the second column insert “Universal credit”.

Social Security Act 1998 (c. 14)

43         

The Social Security Act 1998 (decisions and appeals) is amended as follows.

44         

In section 2 (use of computers), in subsection (2)—

10

(a)   

in paragraph (i), the final “or” is repealed;

(b)   

after paragraph (j) there is inserted—

“(k)   

Part 1 of the Welfare Reform Act 2011;”.

45         

In section 8 (decisions by Secretary of State)—

(a)   

in subsection (3), after paragraph (a) there is inserted—

15

“(aa)   

universal credit;”;

(b)   

in subsection (4), for “or Part 1 of the Welfare Reform Act 2007” there

is substituted “, Part 1 of the Welfare Reform Act 2007, Part 1 of the

Welfare Reform Act 2011”.

46         

In section 11 (regulations with respect to decisions), in subsection (3), for

20

“and Part 1 of the Welfare Reform Act 2007” there is substituted “, Part 1 of

the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2011”.

47         

In section 27 (restriction on entitlement in cases of error), in subsection (7),

in the definition of “benefit” for paragraph (f) there is substituted—

“(f)   

universal credit”.

25

48         

In section 28 (correction of errors in decisions etc)—

(a)   

in paragraph (f), the final “or” is repealed;

(b)   

after paragraph (g) there is inserted—

“(h)   

Part 1 of the Welfare Reform Act 2011;”.

49         

In section 39 (interpretation), in subsection (1), before the definition of

30

“health care professional” there is inserted—

““claimant”, in relation to a couple jointly claiming universal credit,

means the couple or either member of the couple;”.

50    (1)  

Schedule 2 (decisions against which no appeal lies) is amended as follows.

      (2)  

In paragraph 6(b), at the end there is inserted “or

35

(v)   

section 159D(1)(b) of that Act (universal credit).”

      (3)  

After paragraph 7 there is inserted—

“Increases in universal credit due to attainment of particular ages

7A         

A decision as to the amount of benefit to which a person is entitled,

where it appears to the Secretary of State that the amount is

40

determined by the recipient’s entitlement to an increased amount

 
 

Welfare Reform Bill
Schedule 2 — Universal credit: amendments

111

 

of universal credit in the circumstances referred to in section

160C(2) of the Administration Act.”

51         

In Schedule 3 (decisions against which an appeal lies), after paragraph 3

there is inserted—

“3A        

A decision as to the amount of a relevant benefit that is payable to

5

a person by virtue of regulations under section 6B, 7, 8 or 9 of the

Social Security Fraud Act 2001.”

Immigration and Asylum Act 1999 (c. 33)

52         

The Immigration and Asylum Act 1999 is amended as follows.

53         

In section 97 (provision of support: supplemental), in subsection (5)—

10

(a)   

before paragraph (a) there is inserted—

“(za)   

to such portion of the maximum amount of an award

of universal credit under section 8(1) of the Welfare

Reform Act 2011, or”;

(b)   

in paragraph (b) after “components” there is inserted “or elements”.

15

54         

In section 115(1) (exclusion from benefits of persons subject to immigration

control) after “is entitled” there is inserted “to universal credit under Part 1

of the Welfare Reform Act 2011 or”.

Child Support, Pensions and Social Security Act 2000 (c. 19)

55         

In section 69 of the Child Support, Pensions and Social Security Act 2000, in

20

subsection (1)(a), after “both” there is inserted “, universal credit”.

Social Security Fraud Act 2001 (c. 11)

56         

The Social Security Fraud Act 2001 is amended as follows.

57         

In section 6A (definitions), in subsection (1), in the definition of

“disqualifying benefit”, at the beginning there is inserted—

25

“(za)   

any benefit under Part 1 of the Welfare Reform Act

2011 (universal credit) or under any provision having

effect in Northern Ireland corresponding to that

Part;”.

58    (1)  

Section 6B (loss of benefit in case of conviction, penalty or caution for benefit

30

offence) is amended as follows.

      (2)  

In subsection (5), for “(6)” there is substituted “(5A)”.

      (3)  

After subsection (5) there is inserted—

“(5A)   

The Secretary of State may by regulations provide that, where the

sanctionable benefit is universal credit, the benefit shall be payable,

35

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 amount payable were reduced in such manner as may be

prescribed;

(b)   

the benefit were payable only if there is compliance by the

40

offender with such obligations with respect to the provision

of information as may be imposed by the regulations;

 
 

Welfare Reform Bill
Schedule 2 — Universal credit: amendments

112

 

(c)   

the benefit were payable only if the circumstances are

otherwise such as may be prescribed;

(d)   

any amount of the benefit payable in prescribed

circumstances were recoverable by the Secretary of State.”

      (4)  

In subsection (7), after paragraph (c) there is inserted—

5

“(d)   

any amount of the allowance payable in prescribed

circumstances were recoverable by the Secretary of State.”

59    (1)  

Section 7 (loss of benefit for second or subsequent conviction of benefit

offence) is amended as follows.

      (2)  

In subsection (2), for “(3)” there is substituted “(2A)”.

10

      (3)  

After subsection (2) there is inserted—

“(2A)   

The Secretary of State may by regulations provide that, where the

sanctionable benefit is universal credit, 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—

15

(a)   

the amount payable were reduced in such manner as may be

prescribed;

(b)   

the benefit 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;

20

(c)   

the benefit were payable only if the circumstances are

otherwise such as may be prescribed;

(d)   

any amount of the benefit payable in prescribed

circumstances were recoverable by the Secretary of State.”

      (4)  

In subsection (4), after paragraph (c) there is inserted—

25

“(d)   

any amount of the allowance payable in prescribed

circumstances were recoverable by the Secretary of State.”

60    (1)  

Section 8 (effect of offence on joint-claim jobseeker’s allowance) is amended

as follows.

      (2)  

In subsection (3)—

30

(a)   

for “but” at the end of paragraph (a) there is substituted “and”;

(b)   

after paragraph (a) there is inserted—

“(aa)   

shall be payable in the couple’s case as if any amount

of the allowance payable in prescribed circumstances

were recoverable by the Secretary of State; but”.

35

      (3)  

In subsection (4), after paragraph (c) there is inserted—

“(d)   

any amount of the allowance payable in prescribed

circumstances were recoverable by the Secretary of State.”

      (4)  

In the opening words to subsections (7) and (8) the words “by virtue of any

regulations” are repealed.

40

61    (1)  

Section 9 (effect of offence on benefits for members of offender’s family) is

amended as follows.

      (2)  

In subsection (1), before paragraph (a) there is inserted—

“(za)   

universal credit;”.

 
 

Welfare Reform Bill
Schedule 2 — Universal credit: amendments

113

 

      (3)  

In subsection (2), for “or” at the end of paragraph (b) there is substituted

“and”.

      (4)  

After subsection (2) there is inserted—

“(2A)   

In relation to cases in which the benefit is universal credit, the

provision that may be made by virtue of subsection (2) is provision

5

that, in the case of the offender’s family member, any universal credit

shall be payable, during the whole or a part of any period comprised

in the relevant period, as if one or more of the following applied—

(a)   

the amount payable were reduced in such manner as may be

prescribed;

10

(b)   

the benefit were payable only if there is compliance by the

offender or the offender’s family member, or both of them,

with such obligations with respect to the provision of

information as may be imposed by the regulations;

(c)   

the benefit were payable only if the circumstances are

15

otherwise such as may be prescribed;

(d)   

any amount of the benefit payable in prescribed

circumstances were recoverable by the Secretary of State.”

      (5)  

In subsection (4), after paragraph (c) there is inserted—

“(d)   

any amount of the allowance payable in prescribed

20

circumstances were recoverable by the Secretary of State.”

62         

In section 10(3) (power to supplement and mitigate loss of benefit

provisions) after paragraph (bc) there is inserted—

“(bd)   

any benefit under Part 1 of the Welfare Reform Act 2011

(universal credit) or under any provision having effect in

25

Northern Ireland corresponding to that Part;”.

63    (1)  

In section 11 (loss of benefit regulations), subsection (3) is amended as

follows.

      (2)  

In paragraph (c)—

(a)   

for “6B(7)” there is substituted “6B(5A), (7)”;

30

(b)   

for “7(4)” there is substituted “7(2A), (4)”;

(c)   

for “9(4)” there is substituted “9(2A), (4)”.

      (3)  

In paragraph (d) at the end there is inserted “or (aa)”.

State Pension Credit Act 2002 (c. 16)

64         

In section 4 of the State Pension Credit Act 2002 (exclusions), after subsection

35

(1) there is inserted—

“(1A)   

A claimant is not entitled to state pension credit if he is a member of

a couple the other member of which has not attained the qualifying

age.”

Welfare Reform Act 2007 (c. 5)

40

65         

In Schedule 1 to the Welfare Reform Act 2007 (employment and support

allowance: additional conditions), in paragraph 1(5), before paragraph (a)

there is inserted—

“(za)   

universal credit,”.

 
 

 
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