Welfare Reform Bill

Session 2010 - 11
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Other Bills before Parliament

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,”.