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Abolition of benefits: consequential amendments |
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Social Security Contributions and Benefits Act 1992 (c. 4) |
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1 | The Social Security Contributions and Benefits Act 1992 is amended as |
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2 | In section 22 (earnings factors), in subsections (2)(a) and (5), for “a |
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contributory” there is substituted “an”. |
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3 | In section 150 (interpretation of Part 10), in subsection (2), in the definition |
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of “qualifying employment and support allowance”, for “a contributory |
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allowance” there is substituted “an employment and support allowance”. |
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Social Security Administration Act 1992 (c. 5) |
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4 | The Social Security Administration Act 1992 is amended as follows. |
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5 | In section 73 (overlapping benefits), in subsections (1) and (4)(c), for “a |
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contributory” there is substituted “an”. |
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6 | In section 159B (effect of alterations affecting state pension credit), for “a |
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contributory”, wherever occurring, there is substituted “an”. |
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7 | In section 159D (as inserted by Schedule 2 to this Act) (effect of alterations |
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affecting universal credit), for “a contributory”, wherever occurring, there is |
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Immigration and Asylum Act 1999 (c. 33) |
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8 | In the Immigration and Asylum Act 1999, in section 115 (exclusion from |
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benefits of persons subject to immigration control)— |
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(a) | in subsection (1), after paragraph (ha) there is inserted “or”; |
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(b) | in subsection (2)(b) for “(a) to (j)” substitute “(a) to (i)”. |
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Child Support, Pensions and Social Security Act 2000 (c. 19) |
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9 | The Child Support, Pensions and Social Security Act 2000 is amended as |
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10 (1) | Section 69 (discretionary financial assistance with housing) is amended as |
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(a) | for “relevant authorities” there is substituted “local authorities”; |
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(b) | in paragraph (a), the words from “housing benefit” to “both,” are |
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(a) | in paragraph (b), for “relevant authority” there is substituted “local |
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(b) | in paragraph (e), for “relevant authorities” there is substituted “local |
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(c) | in paragraphs (f), (g) and (h), for “relevant authority” there is |
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substituted “local authority”. |
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(4) | In subsection (5), for “relevant authorities” there is substituted “local |
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(5) | In subsection (7), for the definition of “relevant authority” there is |
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““local authority” has the meaning given by section 191 of the |
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Social Security Administration Act 1992.”. |
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11 (1) | Section 70 (grants towards cost of discretionary housing payments) is |
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(2) | In subsection (1), after “payments” there is inserted “(“grants”)”. |
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(3) | For subsection (2) there is substituted— |
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“(2) | The amount of a grant under this section shall be determined in |
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accordance with an order made by the Secretary of State with the |
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consent of the Treasury.” |
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(a) | for the definition of “relevant authority” there is substituted— |
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““local authority” has the same meaning as in section |
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(b) | the definition of “subsidy” is repealed. |
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12 | After section 70 there is inserted— |
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(1) | A grant under section 70 shall be made by the Secretary of State in |
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such instalments, at such times, in such manner and subject to such |
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conditions as to claims, records, certificates, audit or otherwise as |
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may be provided by order of the Secretary of State with the consent |
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(2) | The order may provide that if a local authority has not complied with |
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the conditions specified in it within such period as may be specified |
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in it, the Secretary of State may estimate the amount of grant under |
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section 70 payable to the authority and employ for that purpose such |
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criteria as he considers relevant. |
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(3) | Where a grant under section 70 has been paid to a local authority and |
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it appears to the Secretary of State that— |
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(a) | the grant has been overpaid, or |
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(b) | there has been a breach of any condition specified in an order |
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| he may recover from the authority the whole or such part of the |
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payment as he may determine. |
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(4) | Without prejudice to the other methods of recovery, a sum |
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recoverable under this section may be recovered by withholding or |
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(5) | An order under this section may be made before, during or after the |
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end of the period to which it relates. |
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(6) | In this section “local authority” has the same meaning as in section |
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(7) | Section 70(5) to (7) applies to orders under this section.” |
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Capital Allowances Act 2001 (c. 2) |
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13 | In Schedule A1 to the Capital Allowances Act 2001 (first-year tax credits), in |
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paragraph 17(1)(b) after “sick pay,” there is inserted “or”. |
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Social Security Fraud Act 2001 (c. 11) |
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14 | The Social Security Fraud Act 2001 is amended as follows. |
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15 | In section 6B (loss of benefit for conviction etc), in subsection (5), for “to (10)” |
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there is substituted “and (8)”. |
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16 | In section 7 (loss of benefit for repeated conviction etc), in subsection (2), for |
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“to (5)” there is substituted “and (4A)”. |
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17 | In section 11 (regulations), in subsection (3)(c), for the words from “section” |
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to the end there is substituted “section 6B(5A) or (8), 7(2A) or (4A) or 9(2A) |
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Commissioners for Revenue and Customs Act 2005 (c. 11) |
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18 | The Commissioners for Revenue and Customs Act 2005 is amended as |
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19 | In section 5 (initial functions), in subsection (1), after paragraph (a) there is |
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20 | In section 44 (payment into Consolidated Fund), in subsection (3), after |
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paragraph (b) there is inserted “and”. |
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Welfare Reform Act 2007 (c. 5) |
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21 | The Welfare Reform Act 2007 is amended as follows. |
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22 | In section 1 (employment and support allowance), in subsection (3)(d), at the |
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end there is inserted “and”. |
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23 | In section 2 (amount of contributory allowance), in subsection (1), for “In the |
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case of a contributory allowance, the amount payable” there is substituted |
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“The amount payable by way of an employment and support allowance”. |
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24 | In each of the following provisions, for “a contributory allowance” there is |
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substituted “an employment and support allowance”— |
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(a) | section 1A(1) and (2) (as inserted by section 51 of this Act); |
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(d) | section 20(2), (3)(a), (b) and (c), (4), (5)(a), (b) and (c), (6), (7)(a), (b) |
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(f) | in Schedule 1, paragraphs 1(5)(d) and 3(2)(a); |
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(g) | in Schedule 2, paragraphs 6 and 7(2)(d). |
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Corporation Tax Act 2009 (c. 4) |
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25 | The Corporation Tax Act 2009 is amended as follows. |
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26 | In section 1059 (relief relating to SME R&D: total amount of company’s |
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PAYE and NICs liabilities), in subsection (5) after “sick pay” there is inserted |
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27 | In section 1108 (relief relating to vaccine research etc: total amount of |
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company’s PAYE and NICs liabilities), in subsection (5) after “sick pay” |
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Housing credit element of state pension credit |
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Amendments to State Pension Credit Act 2002 |
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State Pension Credit Act 2002 (c. 16) |
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1 | The State Pension Credit Act 2002 is amended as follows. |
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2 | In section 1 (entitlement), in subsection (2)(c), at the end there is inserted “or |
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(iii) | the conditions in section 3A(1) and (2) (housing |
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3 | In that section, in subsection (3)— |
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(a) | after paragraph (b) there is inserted “or |
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(c) | to a housing credit, calculated in accordance with |
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section 3A, if he satisfies the conditions in subsections |
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(1) and (2) of that section,”; |
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(b) | for the words from “(or to both)” to the end there is substituted “(or |
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to more than one of them, if he satisfies the relevant conditions)”. |
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4 | After section 3 there is inserted— |
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(1) | The first of the conditions mentioned in section 1(2)(c)(iii) is that the |
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claimant is liable to make payments in respect of the accommodation |
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(2) | The second of the conditions mentioned in section 1(2)(c)(iii) is that |
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the claimant’s capital and income are such that the amount of the |
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housing credit payable (if he were entitled to it) would not be less |
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than a prescribed amount. |
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(3) | Where the claimant is entitled to a housing credit, the amount of the |
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housing credit shall be an amount calculated in or determined under |
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regulations (which may be zero). |
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(4) | For the purposes of subsection (1)— |
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(a) | the accommodation must be in Great Britain; |
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(b) | the accommodation must be residential accommodation; |
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(c) | it is immaterial whether the accommodation consists of the |
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whole or part of a building and whether or not it comprises |
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separate and self-contained premises. |
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(5) | Regulations may make provision as to— |
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(a) | the meaning of “payments in respect of accommodation” for |
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the purposes of this section (and, in particular, as to the extent |
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to which such payments include mortgage payments); |
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(b) | circumstances in which a claimant is to be treated as liable or |
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not liable to make such payments; |
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(c) | circumstances in which a claimant is to be treated as |
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occupying or not occupying accommodation as his home |
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(and, in particular, for temporary absences to be |
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(d) | circumstances in which land used for the purposes of any |
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accommodation is to be treated as included in the |
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(6) | Regulations under this section may make different provision for |
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5 | In section 7 (fixing of retirement provision for assessed income period), at |
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the end there is inserted— |
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“(10) | Regulations may prescribe circumstances in which subsection (3) |
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does not apply for the purposes of determining the amount of a |
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housing credit to which the claimant is entitled.” |
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6 | In section 12 (polygamous marriages), in subsection (2)(b), after “savings |
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credit” there is inserted “or housing credit”. |
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7 | In section 17 (interpretation), in subsection (1), after the definition of |
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“guarantee credit” there is inserted— |
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““housing credit” shall be construed in accordance with |
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8 | In Schedule 2 (consequential amendments etc), paragraph 9(5)(a) is |
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Social Security Administration Act 1992 (c. 5) |
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9 | The Social Security Administration Act 1992 is amended as follows. |
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10 | In section 5 (regulations about claims and payments) in subsection (6), |
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before “subsection” there is inserted “or housing credit (within the meaning |
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of the State Pension Credit 2002)”. |
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11 | In section 15A (mortgage interest)— |
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(i) | in paragraph (b), for “the appropriate minimum guarantee |
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for the purposes of” there is substituted “entitlement to”; |
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(ii) | in the closing words, for “appropriate minimum guarantee |
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for the purposes of” there is substituted “entitlement to”; |
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(b) | in subsection (4), the definition of “appropriate minimum guarantee” |
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12 (1) | Section 122F (supply by rent officers of information) is amended as follows. |
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(2) | In subsection (3)(a) at the end of the words in brackets there is inserted “or |
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(3) | In subsection (4) at the end there is inserted “or housing credit”. |
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(4) | After that subsection there is inserted— |
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“(5) | In this section “housing credit” has the same meaning as in the State |
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Pension Credit Act 2002”. |
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13 (1) | Section 122 of the Housing Act 1996 (rent officers) is amended as follows. |
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(2) | In the heading, at the end there is inserted “and housing credit”. |
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(3) | In subsection (1), at the end there is inserted “or housing credit (within the |
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meaning of the State Pension Credit Act 2002)”. |
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Child Support, Pensions and Social Security Act 2000 (c. 19) |
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14 | In section 69 of the Child Support, Pensions and Social Security Act 2000 |
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(discretionary financial assistance with housing), in subsection (1)(a), after |
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“universal credit” there is inserted “or housing credit (within the meaning of |
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the State Pension Credit Act 2002)”. |
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Universal credit and other working-age benefits |
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1 (1) | In this Schedule “relevant benefit” means— |
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(a) | jobseeker’s allowance, or |
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(b) | employment and support allowance. |
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(2) | In this Schedule “work-related requirement” means— |
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(a) | a work-related requirement within the meaning of this Part, |
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(b) | a work-related requirement within the meaning of the Jobseekers |
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(c) | a work-related requirement within the meaning of Part 1 of the |
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(3) | In this Schedule “sanction” means a reduction of benefit under— |
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(b) | section 6J or 6K of the Jobseekers Act 1995, or |
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(c) | section 11J of the Welfare Reform Act 2007. |
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2 (1) | Regulations may make provision as to the amount payable by way of a |
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relevant benefit where a person is entitled to that benefit and universal |
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(2) | Regulations under sub-paragraph (1) may in particular provide for no |
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amount to be payable by way of a relevant benefit. |
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(3) | Regulations may, where a person is entitled to a relevant benefit and |
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(a) | make provision as to the application of work-related requirements; |
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(b) | make provision as to the application of sanctions. |
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(4) | Provision under sub-paragraph (3)(a) includes in particular— |
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(a) | provision securing that compliance with a work-related requirement |
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for a relevant benefit is to be treated as compliance with a work- |
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related requirement for universal credit; |
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(b) | provision disapplying any requirement on the Secretary of State to |
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impose, or a person to comply with, a work-related requirement for |
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a relevant benefit or universal credit. |
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(5) | Provision under sub-paragraph (3)(b) includes in particular— |
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(a) | provision for the order in which sanctions are to be applied to |
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awards of relevant benefit and universal credit; |
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(b) | provision to secure that the application of a sanction to an award of |
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a relevant benefit does not result in an increase of the amount of an |
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award of universal credit. |
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Movement between working-age benefits |
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3 | Regulations may provide— |
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(a) | in a case where a person ceases to be entitled to universal credit and |
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becomes entitled to a relevant benefit, for a sanction relating to the |
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award of universal credit to be applied to the award of the relevant |
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(b) | in a case where a person ceases to be entitled to a relevant benefit and |
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becomes entitled to universal credit, for a sanction relating to the |
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award of the relevant benefit to be applied to the award of universal |
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(c) | in a case where a person ceases to be entitled to one relevant benefit |
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and becomes entitled to the other, for a sanction relating to the award |
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of the former to apply to the award of the latter. |
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4 | Regulations under section 28 (hardship payments) may be made in relation |
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to a person whose award of universal credit is reduced by virtue of |
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regulations under paragraph 2(3)(b) or 3(b) as in relation to a person whose |
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award is reduced under section 26 or 27. |
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5 | In section 4 of the Jobseekers Act 1995 (amount payable by way of a |
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jobseeker’s allowance), in subsection (1)(b)— |
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(a) | after “making” there is inserted— |
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“(i) | deductions in respect of earnings calculated in |
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the prescribed manner (which may include |
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multiplying some or all earnings by a |
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prescribed percentage), and |
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