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Social fund discretionary payments: consequential amendments |
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1 | The Social Security Administration Act 1992 is amended as follows. |
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2 | In section 78(4) (recovery of funeral payments out of social fund), after |
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“Payments” there is inserted “out of the social fund”. |
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3 | In section 79 (recovery of Northern Ireland payments), in paragraph (c), for |
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the words from “under subsection” to the end there is substituted “under |
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4 | In Part 1 of Schedule 4 (persons employed in social security administration), |
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under the heading “Former Officers”, after the entry for “A social fund |
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officer” there is inserted— |
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| “The social fund Commissioner. |
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| A member of any staff employed in connection with the social |
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Personal independence payment: amendments |
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Transport Act 1982 (c. 49) |
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1 | In section 70 of the Transport Act 1982 (payments in respect of applicants for |
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exemption from wearing seat belts), in subsection (2), after paragraph (a) |
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“(ab) | those in receipt of personal independence payment;”. |
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Inheritance Tax Act 1984 (c. 51) |
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2 | The Inheritance Tax Act 1984 is amended as follows. |
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3 (1) | Section 74 (pre-1981 trusts for disabled persons) is amended as follows. |
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(2) | In subsection (4), after paragraph (b) there is inserted— |
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“(ba) | is in receipt of the daily living component of personal |
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independence payment at a rate designated by regulations |
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made by the Secretary of State, or”. |
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(3) | After subsection (4) there is inserted— |
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“(5) | The power to make regulations under subsection (4)(ba) is |
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exercisable by statutory instrument; and a statutory instrument |
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containing such regulations is subject to annulment in pursuance of |
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a resolution of either House of Parliament.” |
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4 (1) | Section 89 (trusts for disabled persons) is amended as follows. |
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(2) | In subsection (4), after paragraph (b) there is inserted— |
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“(ba) | in receipt of the daily living component of personal |
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independence payment at a rate designated by regulations |
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made by the Secretary of State, or”. |
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(a) | after paragraph (a) there is inserted— |
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“(aa) | would have been in receipt of the daily living |
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component of personal independence payment at a |
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rate designated for the purposes of subsection (4)(ba) |
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had provision made by regulations under section |
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83(1)(a) of the Welfare Reform Act 2011 (no payment |
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in respect of daily living component for persons for |
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whom certain services are provided) been ignored, |
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(b) | in paragraph (b), for “either of the Acts” there is substituted “the |
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(a) | after paragraph (a) there is inserted— |
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“(ab) | that he would, when the property was transferred |
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into settlement, have been in receipt of the daily living |
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component of personal independence payment at a |
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rate designated for the purposes of subsection |
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(i) | had he met the prescribed conditions as to |
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residence under section 75(3) of the Welfare |
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(ii) | had provision made by regulations under |
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section 83(1)(a) of that Act been ignored, or”; |
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(b) | in paragraph (b)(i), for “either of the Acts” there is substituted “the |
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(5) | After subsection (6) there is inserted— |
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“(7) | The power to make regulations under subsection (4)(ba) is |
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exercisable by statutory instrument; and a statutory instrument |
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containing such regulations is subject to annulment in pursuance of |
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a resolution of either House of Parliament.” |
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5 | In section 89A (self-settlement by person with condition expected to lead to |
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(a) | in subsection (1)(b), after “section 89(4)(b) above,” there is inserted— |
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“(iia) | in receipt of the daily living component of |
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personal independence payment at a rate |
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designated for the purposes of section |
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(b) | in subsection (6)(a), for “whichever of the 1992 Acts is applicable” |
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there is substituted “the Social Security Contributions and Benefits |
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(Northern Ireland) Act 1992”. |
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Child Support Act 1991 (c. 48) |
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6 | In section 8 of the Child Support Act 1991 (role of courts with respect to |
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maintenance for children), in subsection (8)(a), at the beginning there is |
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inserted “an allowance under Part 4 of the Welfare Reform Act 2011 |
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(personal independence payment) or”. |
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Social Security Contributions and Benefits Act 1992 (c. 4) |
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7 | The Social Security Contributions and Benefits Act 1992 is amended as |
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8 | In section 30B (incapacity benefit: rate), in subsection (4), after paragraph (a) |
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“(aa) | is entitled to the daily living component of personal |
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independence payment at a rate designated by regulations |
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under this paragraph, or”. |
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9 (1) | Section 64 (entitlement to attendance allowance) is amended as follows. |
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(2) | In subsection (1), for “the care component of a disability living allowance” |
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there is substituted “an allowance within subsection (1A)”. |
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(3) | After subsection (1) there is inserted— |
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“(1A) | The following allowances are within this subsection— |
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(a) | personal independence payment; |
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(b) | the care component of a disability living allowance.” |
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10 | In section 150 (Christmas bonus for pensioners: interpretation), in |
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subsection (1), after paragraph (ba) there is inserted— |
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“(bb) | personal independence payment;”. |
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Social Security Administration Act 1992 (c. 5) |
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11 | The Social Security Administration Act 1992 is amended as follows. |
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12 (1) | Section 1 (entitlement to benefit dependent on claim) is amended as follows. |
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(a) | before paragraph (a) there is inserted— |
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“(za) | for personal independence payment by virtue of |
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section 80 of the Welfare Reform Act 2011; or”; |
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(b) | paragraph (b) and the “or” preceding it is repealed. |
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(3) | In subsection (4), after paragraph (ac) there is inserted— |
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“(ad) | personal independence payment.” |
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13 | In section 5(2) (regulations about claims for and payments of benefit), after |
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paragraph (ac) there is inserted— |
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“(ad) | personal independence payment;”. |
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14 | In section 71(11) (overpayments), after paragraph (ac) there is inserted— |
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“(ad) | personal independence payment;”. |
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15 | In section 73 (overlapping benefits - general), after subsection (5) there is |
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“(6) | Personal independence payment is to be treated for the purposes of |
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this section as if it were benefit as defined in section 122 of the |
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Contributions and Benefits Act. |
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(7) | But subsection (6) does not apply for the purposes of subsection |
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(1)(b) (provision corresponding to which is made for personal |
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independence payment by section 83 of the Welfare Reform Act |
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16 | In section 121DA (interpretation of Part 6), in subsection (1), after paragraph |
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(hj) (inserted by Schedule 2 to this Act) there is inserted— |
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“(hk) | Part 4 of that Act;”. |
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17 | In section 122B (supply of other government information for fraud |
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prevention and verification), in subsection (3)(b), after “Welfare Reform Act |
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2011” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that |
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18 | In section 122C (supply of information to authorities administering benefit), |
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in subsection (6)(b), after “Welfare Reform Act 2007” there is inserted “, Part |
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4 of the Welfare Reform Act 2011”. |
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19 | In section 124 (age, death and marriage), in subsection (1), after paragraph |
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(ad) (inserted by Schedule 2 to this Act), but before the “and” preceding |
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paragraph (b), there is inserted— |
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“(ae) | of the provisions of Part 4 of that Act;”. |
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20 | In section 125 (regulations as to notification of deaths), in subsection (1), |
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after “Welfare Reform Act 2011” (inserted by Schedule 2 to this Act) there is |
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inserted “, Part 4 of that Act”. |
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21 | In section 150 (uprating)— |
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(a) | in subsection (1), after paragraph (n) (inserted by Schedule 2 to this |
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“(o) | specified in regulations under section 76(3) or 77(3) of |
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(b) | in subsection (3)(b), for “or (g)” there is substituted “, (g) or (o)”. |
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22 | In section 159 (effect of alteration in the component rates of income support), |
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in subsection (5), in the definition of “benefit income”, after “income |
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support;” there is inserted— |
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“(aa) | personal independence payment;”. |
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23 | In section 159A (effect of alteration of rates of a jobseeker’s allowance), in |
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subsection (5), in the definition of “benefit income”, after “Contributions and |
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Benefits Act;” there is inserted— |
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“(ab) | personal independence payment;”. |
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24 | In section 159B (effect of alterations affecting state pension credit), in |
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subsection (6), in the definition of “benefit income”, after “Contributions and |
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Benefits Act” there is inserted “or personal independence payment”. |
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25 | In section 159C (effect of alteration of rates of an employment and support |
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allowance), in subsection (6), in the definition of “benefit income”, after |
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“Contributions and Benefits Act” there is inserted “or personal |
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26 | In section 160 (implementation of increases in income support due to |
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attainment of particular ages), in subsection (3), after “entitlement to” there |
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is inserted “personal independence payment or to”. |
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27 | In section 160A (implementation of increases in income-based jobseeker’s |
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allowance due to attainment of particular ages), in subsection (3), after |
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“Contributions and Benefits Act;” there is inserted— |
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“(aa) | personal independence payment;”. |
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28 | In section 160B (implementation of increases in employment and support |
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allowance due to attainment of particular ages), in subsection (3), for the |
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words from “a benefit” to the end there is substituted— |
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“(a) | a benefit under the Contributions and Benefits Act; or |
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(b) | personal independence payment.” |
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29 | In section 165 (adjustments between National Insurance Fund and |
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Consolidated Fund), in subsection (1)(a)(iii), after “universal credit” |
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(inserted by Schedule 2 to this Act) there is inserted “, personal |
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30 | In section 170 (Social Security Advisory Committee), in subsection (5)— |
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(a) | in the definition of “the relevant enactments”, after paragraph (ak) |
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(inserted by Schedule 2 to this Act) there is inserted— |
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“(al) | Part 4 of that Act;”; |
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(b) | in the definition of “the relevant Northern Ireland enactments”, after |
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paragraph (ak) (inserted by Schedule 2 to this Act) there is inserted— |
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“(al) | any provisions in Northern Ireland which correspond |
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31 (1) | Section 179 (reciprocal agreements) is amended as follows. |
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(2) | In subsection (3)(a), after “Welfare Reform Act 2011” (inserted by Schedule |
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2 to this Act) there is inserted “, Part 4 of that Act”. |
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(3) | In subsection (4), after paragraph (ag) (inserted by Schedule 2 to this Act) |
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“(ah) | to Part 4 of that Act;”. |
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32 | In section 180 (payment of travelling expenses), in paragraphs (a) and (b)(i), |
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after “Welfare Reform Act 2011” (inserted by Schedule 2 to this Act) there is |
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inserted “, Part 4 of that Act”. |
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33 | In section 182B (information about postal redirection), in subsection (5)(b), |
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after “Welfare Reform Act 2011” (inserted by Schedule 2 to this Act) there is |
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inserted “, Part 4 of that Act”. |
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34 | In section 184 (control of pneumoconiosis), in paragraph (c), for “benefit as |
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defined in section 122 of the Contributions and Benefits Act” there is |
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substituted “personal independence payment, or benefit as defined in |
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section 122 of the Contributions and Benefits Act,”. |
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35 | In section 187 (inalienability), in subsection (1), after paragraph (ac) there is |
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“(ad) | personal independence payment;”. |
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36 | In section 191 (interpretation), in the definition of “benefit”, for “, state |
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pension credit and an employment and support allowance” there is |
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substituted “state pension credit, an employment and support allowance |
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and personal independence payment”. |
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37 | In Schedule 7 (regulations not requiring prior submission to Social Security |
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Advisory Committee), before paragraph 1 there is inserted— |
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“Personal independence payment |
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A1 | Regulations under section 76(3) or 77(3) of the Welfare Reform Act |
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Taxation of Chargeable Gains Act 1992 (c. 12) |
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38 | The Taxation of Chargeable Gains Act 1992 is amended as follows. |
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39 (1) | Section 169D (exceptions to sections 169B and 169C) is amended as follows. |
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(2) | In subsection (7), after “managing his affairs;” there is inserted— |
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“(aa) | a person in receipt of the daily living component of personal |
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independence payment at a rate designated by regulations |
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made by the Secretary of State;”. |
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(3) | After subsection (11) there is inserted— |
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“(12) | The power to make regulations under subsection (7)(aa) is |
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exercisable by statutory instrument; and a statutory instrument |
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containing such regulations is subject to annulment in pursuance of |
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a resolution of either House of Parliament.” |
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40 (1) | In Schedule 1 (application of exempt amount and reporting limits in cases |
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involving settled property), paragraph 1 is amended as follows. |
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(2) | In sub-paragraph (1), for the words from “disability living allowance” to |
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“middle rate” there is substituted “qualifying benefit”. |
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(3) | After sub-paragraph (1) there is inserted— |
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“(1A) | For the purposes of sub-paragraph (1), each of the following is a |
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(a) | personal independence payment by virtue of entitlement |
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to the daily living component at a rate designated by |
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regulations made by the Secretary of State; |
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(b) | a disability living allowance by virtue of entitlement to the |
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care component at the highest or middle rate.” |
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(4) | After sub-paragraph (6) there is inserted— |
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“(6A) | The power to make regulations under sub-paragraph (1A)(a) is |
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exercisable by statutory instrument; and a statutory instrument |
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containing such regulations is subject to annulment in pursuance |
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of a resolution of either House of Parliament.” |
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41 (1) | In Schedule 7A to the Finance Act 1994 (insurance premium tax: contracts |
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that are not taxable), paragraph 3 is amended as follows. |
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(2) | In sub-paragraph (2)(a), for the words from “disability” to the end there is |
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substituted “qualifying mobility benefit”. |
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(3) | In sub-paragraph (3), for “the disability living allowance or mobility |
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supplement” there is substituted “the qualifying mobility benefit”. |
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(4) | After sub-paragraph (3) there is inserted— |
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“(3A) | For the purposes of this paragraph each of the following is a |
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qualifying mobility benefit— |
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(a) | the mobility component of personal independence |
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(b) | the mobility component of a disability living allowance; |
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(c) | a mobility supplement.” |
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Vehicle Excise and Registration Act 1994 (c. 22) |
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42 (1) | In Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt |
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vehicles), paragraph 19 is amended as follows. |
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(2) | In sub-paragraph (2)(a), for the words from “a disability living allowance” to |
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“higher rate” there is substituted “the mobility component of a qualifying |
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benefit at the relevant rate”. |
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(3) | After sub-paragraph (2) there is inserted— |
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“(2ZA) | For the purposes of this paragraph— |
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(a) | “qualifying benefit” means personal independence |
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payment or a disability living allowance; |
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(b) | “relevant rate” means— |
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(i) | in relation to the mobility component of personal |
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independence payment, a rate designated by |
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regulations made by the Secretary of State; |
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(ii) | in relation to the mobility component of a disability |
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living allowance, the higher rate.” |
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(4) | In sub-paragraph (2A)— |
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(a) | for the words from “a disability living allowance” to “the higher rate” |
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there is substituted “the mobility component of a qualifying benefit |
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(b) | in paragraph (a), for the words from “the allowance” to “at that rate” |
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there is substituted “the qualifying benefit or of receiving the |
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mobility component of that benefit at the relevant rate”; |
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(c) | in paragraph (c), for “the allowance at the higher rate” there is |
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substituted “the qualifying benefit at the relevant rate”. |
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(5) | In sub-paragraph (3), for the words from “a disability living allowance” to |
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“the higher rate” there is substituted “the mobility component of a |
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qualifying benefit at the relevant rate”. |
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(6) | In sub-paragraph (4)(a), after “in receipt of” there is inserted “personal |
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independence payment or”. |
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Value Added Tax Act 1994 (c. 23) |
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43 | The Value Added Tax Act 1994 is amended as follows. |
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44 | In Part 2 of Schedule 7A (charge to VAT at reduced rate), in note 6 to Group |
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3, in sub-paragraph (2) after paragraph (a) there is inserted— |
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“(aa) | personal independence payment;”. |
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45 | In Part 2 of Schedule 8 (zero-rating), in Group 12— |
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