|
| |
|
| |
(b) | “earnings,” (before “pension payments”) is repealed. |
| |
6 (1) | Section 2 of the Welfare Reform Act 2007 (amount of contributory |
| |
allowance) is amended as follows. |
| |
(2) | In subsection (1)(c), after “making” there is inserted— |
| 5 |
“(i) | deductions in respect of earnings calculated in the |
| |
prescribed manner (which may include multiplying |
| |
some or all earnings by a prescribed percentage), and |
| |
| |
(3) | At the end there is inserted— |
| 10 |
“(6) | In subsection (1)(c)(i) the reference to earnings is to be construed in |
| |
accordance with sections 3, 4 and 112 of the Social Security |
| |
Contributions and Benefits Act 1992.” |
| |
| |
| |
Migration to universal credit |
| 15 |
| |
1 (1) | Regulations may make provision for the purposes of, or in connection with, |
| |
replacing existing benefits with universal credit. |
| |
(2) | In this Schedule “existing benefit” means— |
| |
(a) | a benefit abolished under section 34(1); |
| 20 |
(b) | any other prescribed benefit. |
| |
(3) | In this Schedule “appointed day” means the day appointed for the coming |
| |
| |
Claims before the appointed day |
| |
2 (1) | The provision referred to in paragraph 1(1) includes— |
| 25 |
(a) | provision for a claim for universal credit to be made before the |
| |
appointed day for a period beginning on or after that day; |
| |
(b) | provision for a claim for universal credit made before the appointed |
| |
day to be treated to any extent as a claim for an existing benefit; |
| |
(c) | provision for a claim for an existing benefit made before the |
| 30 |
appointed day to be treated to any extent as a claim for universal |
| |
| |
(2) | The provision referred to in paragraph 1(1) includes provision, where a |
| |
claim for universal credit is made (or is treated as made) before the |
| |
appointed day, for an award on the claim to be made in respect of a period |
| 35 |
before the appointed day (including provision as to the conditions of |
| |
entitlement for, and amount of, such an award). |
| |
Claims after the appointed day |
| |
3 (1) | The provision referred to in paragraph 1(1) includes— |
| |
|
| |
|
| |
|
(a) | provision permanently or temporarily excluding the making of a |
| |
claim for universal credit after the appointed day by— |
| |
(i) | a person to whom an existing benefit is awarded, or |
| |
(ii) | a person who would be entitled to an existing benefit on |
| |
| 5 |
(b) | provision temporarily excluding the making of a claim for universal |
| |
credit after the appointed day by any other person; |
| |
(c) | provision excluding entitlement to universal credit temporarily or |
| |
| |
(d) | provision for a claim for universal credit made after the appointed |
| 10 |
day to be treated to any extent as a claim for an existing benefit; |
| |
(e) | provision for a claim for an existing benefit made after the appointed |
| |
day to be treated to any extent as a claim for universal credit. |
| |
(2) | The provision referred to in paragraph 1(1) includes provision, where a |
| |
claim for universal credit is made (or is treated as made) after the appointed |
| 15 |
day, for an award on the claim to be made in respect of a period before the |
| |
appointed day (including provision as to the conditions of entitlement for, |
| |
and amount of, such an award). |
| |
| |
4 (1) | The provision referred to in paragraph 1(1) includes— |
| 20 |
(a) | provision for terminating an award of an existing benefit; |
| |
(b) | provision for making an award of universal credit, with or without |
| |
application, to a person whose award of existing benefit is |
| |
| |
(2) | The provision referred to in sub-paragraph (1)(b) includes— |
| 25 |
(a) | provision imposing requirements as to the procedure to be followed, |
| |
information to be supplied or assessments to be undergone in |
| |
relation to an award by virtue of that sub-paragraph or an |
| |
application for such an award; |
| |
(b) | provision as to the consequences of failure to comply with any such |
| 30 |
| |
(c) | provision as to the terms on which, and conditions subject to which, |
| |
such an award is made, including— |
| |
(i) | provision temporarily or permanently disapplying, or |
| |
otherwise modifying, conditions of entitlement to universal |
| 35 |
credit in relation to the award; |
| |
(ii) | provision temporarily or permanently disapplying, or |
| |
otherwise modifying, any requirement under this Part for a |
| |
person to be assessed in respect of capability for work or |
| |
| 40 |
(d) | provision as to the amount of such an award; |
| |
(e) | provision that fulfilment of any condition relevant to entitlement to |
| |
an award of an existing benefit, or relevant to the amount of such an |
| |
award, is to be treated as fulfilment of an equivalent condition in |
| |
relation to universal credit. |
| 45 |
(3) | Provision under sub-paragraph (2)(d) may secure that where an award of |
| |
universal credit is made by virtue of sub-paragraph (1)(b)— |
| |
|
| |
|
| |
|
(a) | the amount of the award is not less than the amount to which the |
| |
person would have been entitled under the terminated award, or is |
| |
not less than that amount by more than a prescribed amount; |
| |
(b) | if the person to whom it is made ceases to be entitled to universal |
| |
credit for not more than a prescribed period, the gap in entitlement |
| 5 |
is disregarded in calculating the amount of any new award of |
| |
| |
Work-related requirements and sanctions |
| |
5 (1) | The provision referred to in paragraph 1(1) includes— |
| |
(a) | provision relating to the application of work-related requirements |
| 10 |
| |
(b) | provision relating to the application of sanctions. |
| |
(2) | The provision referred to in sub-paragraph (1)(a) includes— |
| |
(a) | provision that a claimant commitment for a relevant benefit is to be |
| |
treated as a claimant commitment for universal credit; |
| 15 |
(b) | provision that a work-related requirement for a relevant benefit is |
| |
treated as a work-related requirement for universal credit; |
| |
(c) | provision for anything done which is relevant to compliance with a |
| |
work-related requirement for a relevant benefit to be treated as done |
| |
for the purposes of compliance with a work-related requirement for |
| 20 |
| |
(d) | provision temporarily disapplying any provision of this Part in |
| |
relation to work-related requirements for universal credit. |
| |
(3) | The provision referred to in sub-paragraph (1)(b) includes— |
| |
(a) | provision for a sanction relevant to an award of a relevant benefit to |
| 25 |
be applied to an award of universal credit; |
| |
(b) | provision for anything done which is relevant to the application of a |
| |
sanction for a relevant benefit to be treated as done for the purposes |
| |
of the application of a sanction for universal credit; |
| |
(c) | provision temporarily disapplying any provision of this Part in |
| 30 |
relation to the application of sanctions. |
| |
| |
“relevant benefit” means— |
| |
(a) | jobseeker’s allowance, |
| |
(b) | employment and support allowance, and |
| 35 |
| |
“work-related requirement” means— |
| |
(a) | for universal credit, a work-related requirement within the |
| |
| |
(b) | for jobseeker’s allowance, a requirement imposed— |
| 40 |
(i) | by virtue of regulations under section 8 or 17A of the |
| |
| |
(ii) | by a jobseeker’s direction (within the meaning of |
| |
section 19A of that Act), |
| |
(iii) | by virtue of regulations under section 2A, 2AA or 2D |
| 45 |
of the Social Security Administration Act 1992, or |
| |
(iv) | by a direction under section 2F of that Act; |
| |
|
| |
|
| |
|
(c) | for employment and support allowance, a requirement |
| |
| |
(i) | by virtue of regulations under section 8, 9, 11, 12 or 13 |
| |
of the Welfare Reform Act 2007, |
| |
(ii) | by a direction under section 15 of that Act, |
| 5 |
(iii) | by virtue of regulations under section 2A, 2AA or 2D |
| |
of the Social Security Administration Act 1992, or |
| |
(iv) | by a direction under section 2F of that Act; |
| |
(d) | for income support, a requirement imposed— |
| |
(i) | by virtue of regulations under section 2A, 2AA or 2D |
| 10 |
of the Social Security Administration Act 1992, or |
| |
(ii) | by a direction under section 2F of that Act; |
| |
“sanction” means a reduction of benefit under— |
| |
(a) | section 26 or 27 above, |
| |
(b) | section 19, 19A or 19B of the Jobseekers Act 1995, |
| 15 |
(c) | section 11, 12 or 13 of the Welfare Reform Act 2007, or |
| |
(d) | section 2A, 2AA or 2D of the Social Security Administration |
| |
| |
| |
6 | In relation to the replacement of working tax credit and child tax credit with |
| 20 |
universal credit, the provision referred to in paragraph 1(1) includes— |
| |
(a) | provision modifying the application of the Tax Credits Act 2002 (or |
| |
of any provision made under it); |
| |
(b) | provision for the purposes of recovery of overpayments of working |
| |
tax credit or child tax credit (including in particular provision for |
| 25 |
treating overpayments of working tax credit or child tax credit as if |
| |
they were overpayments of universal credit). |
| |
| |
7 | Regulations under paragraph 1(1) may secure the result that any gap in |
| |
entitlement to an existing benefit (or what would, but for the provisions of |
| 30 |
this Part, be a gap in entitlement to an existing benefit) is to be disregarded |
| |
for the purposes of provision under such regulations. |
| |
| |
| |
Jobseeker’s allowance in interim period: consequential amendments |
| |
Jobseekers Act 1995 (c. 18) |
| 35 |
1 | The Jobseekers Act 1995 is amended as follows. |
| |
2 (1) | Section 8 (attendance etc) is amended as follows. |
| |
(2) | In subsection (1A)(a) (as originally enacted), for “the Secretary of State” there |
| |
is substituted “an employment officer”. |
| |
(3) | In subsection (2), for paragraphs (a) to (c) there is substituted “provide for |
| 40 |
entitlement to a jobseeker’s allowance to cease at such time as may be |
| |
|
| |
|
| |
|
determined in accordance with any such regulations if, when a person fails |
| |
to comply with such regulations, that person (or, if that person is a member |
| |
of a joint-claim couple, either member of the couple) does not make |
| |
prescribed contact with an employment officer within a prescribed period of |
| |
| 5 |
3 | In section 16(3)(b) and 17(4) (in both places) for “good cause” there is |
| |
substituted “a good reason”. |
| |
4 | In section 17A (employment schemes), in subsection (5)(c) for “jobseeker’s |
| |
agreement to which a person is a party” there is substituted “claimant |
| |
commitment accepted by the person”. |
| 10 |
5 | Section 20 (exemptions from section 19) is amended as follows— |
| |
(a) | in the heading, after “19” there is inserted “and 19A”; |
| |
(b) | in subsection (1), for “prevent payment” there is substituted |
| |
| |
(c) | in subsection (2), for “19” there is substituted “19A” and for “(5)” |
| 15 |
there is substituted “(2)(c) to (g)”; |
| |
(d) | in subsection (3), for “19(6)(b) or (d)” there is substituted “19(2)(b) or |
| |
(d)” and for “just cause” there is substituted “good reason”. |
| |
6 | Sections 20C and 20D (uncommenced provision relating to sanctions for |
| |
violent conduct etc) are repealed. |
| 20 |
7 | In section 22 (members of the forces), in subsection (2), for “section 19(6)(b)” |
| |
there is substituted “section 19(2)(b)”. |
| |
8 | In section 35 (interpretation), in subsection (1), before the definition of |
| |
“jobseeking period” there is inserted— |
| |
“jobseeker’s direction” has the meaning given by section 19A;”. |
| 25 |
9 | In section 36 (regulations and orders), after subsection (1) there is inserted— |
| |
“(1A) | Subsection (1) does not apply to an order under section 35(1) in |
| |
relation to employment officers.” |
| |
10 (1) | Schedule 1 (supplementary) is amended as follows. |
| |
(2) | In paragraph 8(b), for “entered into a jobseeker’s agreement” there is |
| 30 |
substituted “accepted a claimant commitment”. |
| |
(3) | In paragraph 10, at the end there is inserted— |
| |
“(6) | References in sub-paragraphs (1) and (2) to an income-based |
| |
jobseeker’s allowance include a payment by way of such an |
| |
allowance under section 19C.” |
| 35 |
Social Security Act 1998 (c. 14) |
| |
11 | In Schedule 3 to the Social Security Act 1998 (decisions against which an |
| |
appeal lies), in paragraph 8 and in the heading to that paragraph, for |
| |
“jobseeker’s agreement” there is substituted “claimant commitment” |
| |
Social Security Fraud Act 2001 (c. 11) |
| 40 |
12 (1) | Section 8 of the Social Security Fraud Act 2001 is amended as follows. |
| |
| |
|
| |
|
| |
|
(a) | at the beginning there is inserted “Except in prescribed |
| |
| |
(b) | in paragraph (b), for sub-paragraph (i) there is substituted— |
| |
“(i) | is a person whose failure sanctionable under |
| |
section 19, 19A or 19B of the Jobseekers Act |
| 5 |
1995 has given rise to a reduction under that |
| |
| |
(3) | Subsection (5) is repealed. |
| |
Welfare Reform Act 2009 (c. 24) |
| |
13 | The Welfare Reform Act 2009 is amended as follows. |
| 10 |
14 | In section 29(1) (victims of domestic violence), in sub-paragraph (3) of |
| |
paragraph 8B inserted into Schedule 1 to the Jobseekers Act 1995— |
| |
(a) | for the first “entered into a jobseeker’s agreement” there is |
| |
substituted “accepted a claimant commitment”; |
| |
(b) | for “9(10)” there is substituted “9(9)”; |
| 15 |
(c) | for “entered into a jobseeker’s agreement which is in force for” there |
| |
is substituted “accepted a claimant commitment during”. |
| |
15 (1) | Section 31 (well-being of children) is amended as follows. |
| |
| |
(a) | for “(the jobseeker’s agreement)” there is substituted “(as substituted |
| 20 |
by section 44 of the Welfare Reform Act 2011 (the claimant |
| |
| |
(b) | in the inserted subsection (4A), for “preparing a jobseeker’s |
| |
agreement for a claimant” there is substituted “considering whether |
| |
to invite a claimant to accept a claimant commitment”. |
| 25 |
16 (1) | Section 32 (contracting out) is amended as follows. |
| |
(2) | In subsection (2), in section 20E inserted into the Jobseekers Act 1995— |
| |
(a) | for subsection (2)(a) and (b) there is substituted— |
| |
“(a) | any function under section 8 (attendance etc); |
| |
(b) | any function under section 9 or 10 in relation to a |
| 30 |
| |
(b) | after subsection (2)(d) there is inserted— |
| |
“(e) | functions under section 19 or 19A;”; |
| |
(c) | in subsection (4), “or 17A” is repealed. |
| |
(3) | In subsection (3), for paragraphs (a) to (d) there is substituted— |
| 35 |
“(a) | section 8(1)(a), (1A) and (2); |
| |
(b) | sections 9 and 10 (in all places); |
| |
(c) | section 16(3)(b)(ii); |
| |
(d) | sections 19 and 19A (in all places)”. |
| |
|
| |
|