Session 2010 - 11
Internet Publications
Other Bills before Parliament

Welfare Reform Bill


Welfare Reform Bill
Schedule 9 — Personal independence payment: amendments

134

 

(a)   

in item 14, for the words from “disability” to “supplement” there is

substituted “qualifying benefit”;

(b)   

in paragraph (b) of note (6), for the words from “mobility

component” to “supplement” there is substituted “qualifying

benefit”;

5

(c)   

for note (7) there is substituted—

    “(7)  

The following are qualifying benefits for the purposes of

item 14 and note (6)—

(a)   

the mobility component of personal independence

payment;

10

(b)   

the mobility component of a disability living

allowance (within the meaning of section 71 of the

Social Security Contributions and Benefits Act 1992

or section 71 of the Social Security Contributions

and Benefits (Northern Ireland) Act 1992);

15

(c)   

a mobility supplement within the meaning of

Article 26A of the Naval, Military and Air Forces

etc (Disablement and Death) Service Pensions

Order 1983, Article 25A of the Personal Injuries

(Civilians) Scheme 1983, Article 3 of the Motor

20

Vehicles (Exemption from Vehicles Excise Duty)

Order 1985 or Article 3 of the Motor Vehicles

(Exemption from Vehicles Excise Duty) (Northern

Ireland) Order 1985.”

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

25

46         

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

47         

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

“employment and support allowance” there is inserted “, personal

independence payment”.

48         

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

30

(a)   

in the section relating to compensation for cost of care incurred

during the relevant period, in the second column, after the entry for

attendance allowance there is inserted “Daily living component of

personal independence payment”;

(b)   

in the section relating to compensation for loss of mobility during the

35

relevant period, in the second column, after the entry for mobility

allowance there is inserted “Mobility component of personal

independence payment”.

Social Security Act 1998 (c. 14)

49         

The Social Security Act 1998 is amended as follows.

40

50         

In section 2(2) (use of computers), after paragraph (k) (inserted by Schedule

2 to this Act) there is inserted “or

(l)   

Part 4 of that Act.”

51         

In section 8 (decisions by Secretary of State)—

(a)   

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

45

“(baa)   

personal independence payment;”;

 
 

Welfare Reform Bill
Schedule 9 — Personal independence payment: amendments

135

 

(b)   

in subsection (4), after the words “Welfare Reform Act 2011”

(inserted by Schedule 2 to this Act) there is inserted “or Part 4 of that

Act.”

52         

In section 11(3) (regulations with respect to decisions), in the definition of

“current legislation”, after the words “Welfare Reform Act 2011” (inserted by

5

Schedule 2 to this Act) there is inserted “and Part 4 of that Act”.

53         

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

of “benefit”—

(a)   

after paragraph (de) there is inserted—

“(df)   

personal independence payment;”;

10

(b)   

in paragraph (e) for “to (de)” there is substituted “to (df)”.

54         

In section 28(3) (correction of errors in decisions etc), after paragraph (h)

(inserted by Schedule 2 to this Act) there is inserted “or

(i)   

Part 4 of that Act.”

55         

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

15

paragraph (g) there is inserted—

“(h)   

regulations made under section 83(1) of the Welfare

Reform Act 2011.”

Immigration and Asylum Act 1999 (c. 33)

56         

In section 115 of the Immigration and Asylum Act 1999 (exclusion from

20

benefits)—

(a)   

in subsection (1), after “support allowance)” there is inserted “or to

personal independence payment”;

(b)   

in subsection (2), at the beginning of paragraph (b) there is inserted

“disability living allowance or”.

25

Capital Allowances Act 2001 (c. 2)

57         

In section 268D of the Capital Allowances Act 2001 (hire cars for disabled

persons), in subsection (2), before paragraph (a) there is inserted—

“(za)   

the mobility component of personal independence

payment,”.

30

Social Security Fraud Act 2001 (c. 11)

58         

The Social Security Fraud Act 2001 is amended as follows.

59         

In section 6A(1) (definitions)—

(a)   

in the definition of “disqualifying benefit”, after paragraph (c) there

is inserted—

35

“(ca)   

any benefit under Part 4 of the Welfare Reform Act

2011 (personal independence payment) or under any

provision in Northern Ireland which corresponds to

that Part;”;

(b)   

in the definition of “sanctionable benefit”, after paragraph (c) there is

40

inserted—

“(ca)   

personal independence payment;”.

60         

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

 
 

Welfare Reform Bill
Schedule 9 — Personal independence payment: amendments

136

 

in subsection (3), after paragraph (bd) (inserted by Schedule 2 to this Act)

there is inserted—

“(be)   

any benefit under Part 4 of the Welfare Reform Act 2011

(personal independence payment) or under any provision in

Northern Ireland which corresponds to that Part;”.

5

Income Tax (Earnings and Pensions) Act 2003 (c. 1)

61         

The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.

62         

In section 318B (childcare), in subsection (3), before paragraph (a) there is

inserted—

“(za)   

personal independence payment is payable in respect of him,

10

or has ceased to be payable solely because he is a patient,”.

63         

In section 677 (UK social security benefits wholly exempt from tax), in

subsection (1), at the appropriate place in Part 1 of Table B there is inserted—

 

“Personal independence

WRA 2011

Section 75

 
 

payment

   

15

  

Any provision made for Northern

 
  

Ireland which corresponds to section

 
  

75 of WRA 2011”

 

64         

In Part 1 of Schedule 1 (abbreviations of Acts), at the end there is inserted—

 

“WRA 2011

The Welfare Reform Act 2011”

 

20

Finance Act 2005 (c. 7)

65    (1)  

Section 38 of the Finance Act 2005 (meaning of “disabled person”) is

amended as follows.

      (2)  

In subsection (1), after “managing his affairs,” there is inserted—

“(aa)   

a person in receipt of the daily living component of personal

25

independence payment at a rate designated by regulations

made by the Secretary of State,”.

      (3)  

After subsection (1) there is inserted—

“(1A)   

A person is to be treated as a disabled person under subsection

(1)(aa) if he satisfies the Inland Revenue that if he were to meet the

30

prescribed conditions as to residence under section 75(3) of the

Welfare Reform Act 2011 he would be entitled to the daily living

component of personal independence payment at a rate designated

for the purposes of subsection (1)(aa).”

      (4)  

After subsection (2) there is inserted—

35

“(2A)   

A person who is (or is treated as) a disabled person under subsection

(1)(aa) is not to cease to be (or to be treated as) such a disabled person

by reason only of provision made by regulations under section

83(1)(a) of the Welfare Reform Act 2011 (no payment of daily living

 
 

Welfare Reform Bill
Schedule 10 — Personal independence payment: transitional

137

 

component of personal independence payment for persons receiving

certain services).”

      (5)  

After subsection (6) there is inserted—

“(7)   

The power to make regulations under subsection (1)(aa) is

exercisable by statutory instrument; and a statutory instrument

5

containing such regulations is subject to annulment in pursuance of

a resolution of either House of Parliament.”

Schedule 10

Section 90

 

Personal independence payment: transitional

General

10

1     (1)  

Regulations under section 90 may in particular make provision for the

purposes of, or in connection with, replacing disability living allowance

with personal independence payment.

      (2)  

In this Schedule “the appointed day” means the day appointed for the

coming into force of section 75.

15

Claims before the appointed day

2     (1)  

The provision referred to in paragraph 1(1) includes—

(a)   

provision for a claim for personal independence payment to be made

before the appointed day for a period beginning on or after that day;

(b)   

provision for a claim for personal independence payment made

20

before the appointed day to be treated to any extent as a claim for

disability living allowance;

(c)   

provision for a claim for disability living allowance made before the

appointed day to be treated to any extent as a claim for personal

independence payment.

25

      (2)  

The provision referred to in paragraph 1(1) includes provision, where a

claim for personal independence payment is made (or treated as made)

before the appointed 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 the amount of, such an award).

30

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 personal independence payment after the appointed day

by—

35

(i)   

a person to whom disability living allowance is awarded, or

(ii)   

a person who would be entitled to an award of disability

living allowance on making a claim for it;

(b)   

provision temporarily excluding the making of a claim for personal

independence payment after the appointed day by any other person;

40

 
 

Welfare Reform Bill
Schedule 10 — Personal independence payment: transitional

138

 

(c)   

provision excluding entitlement to personal independence payment

temporarily or for a particular period;

(d)   

provision for a claim for personal independence payment made after

the appointed day to be treated to any extent as a claim for disability

living allowance;

5

(e)   

provision for a claim for disability living allowance made after the

appointed day to be treated to any extent as a claim for personal

independence payment.

      (2)  

The provision referred to in paragraph 1(1) includes provision, where a

claim for personal independence payment is made (or treated as made) after

10

the appointed 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 the amount of, such an award).

Awards of existing allowance

4     (1)  

The provision referred to in paragraph 1(1) includes—

15

(a)   

provision for terminating an award of disability living allowance;

(b)   

provision for making an award of personal independence payment,

with or without application, to a person whose award of disability

living allowance is terminated.

      (2)  

The provision referred to in sub-paragraph (1)(b) includes—

20

(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

25

requirement;

(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 personal

30

independence payment 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 any of the questions

mentioned in section 78(1) or (2);

35

(d)   

provision as to the amount of such an award.

Supplementary

5          

Regulations under section 90

(a)   

may secure the result that any gap in entitlement to disability living

allowance is to be disregarded for the purposes of provision under

40

the regulations;

(b)   

may make provision about cases in which provision made by

regulations under section 78(2) (required period condition) is to

apply with modifications;

(c)   

may, for the purposes of provision made by virtue of paragraph (b),

45

provide for a period of entitlement to disability living allowance to

be taken into account in determining whether a person meets “the

 
 

Welfare Reform Bill
Schedule 11 — Power to require consideration of revision before appeal

139

 

required period condition” for the purposes of section 76(1) or (2) or

77(1) or (2).

Schedule 11

Section 99

 

Power to require consideration of revision before appeal

Vaccine Damage Payments Act 1979 (c. 17)

5

1          

The Vaccine Damage Payments Act 1979 is amended as follows.

2     (1)  

Section 4 (appeals to appeal tribunals) is amended as follows.

      (2)  

After subsection (1A) there is inserted—

“(1B)   

If the claimant’s address is not in Northern Ireland, regulations may

provide that, in such cases or circumstances as may be prescribed,

10

there is a right of appeal only if the Secretary of State has considered

whether to reverse the decision under section 3A.

(1C)   

The regulations may in particular provide that that condition is met

only where—

(a)   

the consideration by the Secretary of State was on an

15

application,

(b)   

the Secretary of State considered issues of a specified

description, or

(c)   

the consideration by the Secretary of State satisfied any other

condition specified in the regulations.”

20

      (3)  

At the end of subsection (2) there is inserted—

“(c)   

provision that, where in accordance with regulations under

subsection (1B) there is no right of appeal against a decision,

any purported appeal may be treated as an application to

reverse the decision under section 3A.”

25

3     (1)  

Section 8 (regulations) is amended as follows.

      (2)  

In subsection (2)(a) the words from “which shall be” to “House of

Parliament” are repealed.

      (3)  

After that subsection there is inserted—

“(2A)   

A statutory instrument containing regulations made by the Secretary

30

of State under this Act—

(a)   

except in the case of an instrument containing regulations

under section 4(1B), is subject to annulment in pursuance of

a resolution of either House of Parliament;

(b)   

in the case of an instrument containing regulations under

35

section 4(1B), may not be made unless a draft of the

instrument has been laid before and approved by a resolution

of each House of Parliament.”

      (4)  

At the end there is inserted—

“(5)   

The power to make regulations under section 4(1B) may be

40

exercised—

 
 

Welfare Reform Bill
Schedule 11 — Power to require consideration of revision before appeal

140

 

(a)   

in relation to all cases to which it extends, in relation to those

cases but subject to specified exceptions or in relation to any

specified cases or classes of case;

(b)   

so as to make, as respects the cases in relation to which it is

exercised—

5

(i)   

the full provision to which it extends or any lesser

provision (whether by way of exception or

otherwise);

(ii)   

the same provision for all cases, different provision

for different cases or classes of case or different

10

provision as respects the same case or class of case but

for different purposes of this Act;

(iii)   

provision which is either unconditional or is subject

to any specified condition.”

Child Support Act 1991 (c. 48)

15

4          

The Child Support Act 1991 is amended as follows.

5     (1)  

Section 20 (appeals to First-tier Tribunal), as substituted by section 10 of the

Child Support, Pensions and Social Security Act 2000 (and subsequently

amended), is amended as follows.

      (2)  

After subsection (2) there is inserted—

20

“(2A)   

Regulations may provide that, in such cases or circumstances as may

be prescribed, there is a right of appeal against a decision mentioned

in subsection (1)(a) or (b) only if the Commission has considered

whether to revise the decision under section 16.

(2B)   

The regulations may in particular provide that that condition is met

25

only where—

(a)   

the consideration by the Commission was on an application,

(b)   

the Commission considered issues of a specified description,

or

(c)   

the consideration by the Commission satisfied any other

30

condition specified in the regulations.”

      (3)  

At the end of subsection (4) there is inserted—

“(c)   

provision that, where in accordance with regulations under

subsection (2A) there is no right of appeal against a decision,

any purported appeal may be treated as an application for

35

revision under section 16.”

6     (1)  

Section 20 (appeals to First-tier Tribunal), as it has effect apart from section

10 of the Child Support, Pensions and Social Security Act 2000, is amended

as follows.

      (2)  

After subsection (3) there is inserted—

40

“(3A)   

Regulations may provide that, in such cases or circumstances as may

be prescribed, there is a right of appeal against a decision only if the

Commission has considered whether to revise the decision under

section 16.

(3B)   

The regulations may in particular provide that that condition is met

45

only where—

 
 

 
previous section contents continue
 

© Parliamentary copyright
Revised 17 February 2011