Welfare Reform Bill

Session 2010 - 11
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Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Schedule 11 — Power to require consideration of revision before appeal
141

(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
condition specified in the regulations.”
5
      (3)
At the end of subsection (5) there is inserted—
“(c)
provision that, where in accordance with regulations under
subsection (3A) there is no right of appeal against a decision,
any purported appeal may be treated as an application for
revision under section 16.”
10
7
In section 51A (pilot schemes) at the end there is inserted—
“(6)
This section does not apply to regulations under—
(a)
subsection (2A) of section 20 as substituted by section 10 of
the Child Support, Pensions and Social Security Act 2000;
(b)
subsection (3A) of section 20 as it has effect apart from section
15
10 of the Child Support, Pensions and Social Security Act
2000.”
8
In section 52 (regulations and orders), in subsection (2)(a), after “section
12(5)(b)),” there is inserted “20(2A), 20(3A)”.
Social Security (Recovery of Benefits) Act 1997 (c. 27)
20
9
The Social Security (Recovery of Benefits) Act 1997 is amended as follows.
10    (1)
Section 11 (appeals against certificates) is amended as follows.
      (2)
After subsection (2) there is inserted—
“(2A)
Regulations may provide that, in such cases or circumstances as may
be prescribed, an appeal may be made under this section only if the
25
Secretary of State has reviewed the certificate under section 10.
(2B)
The regulations may in particular provide that that condition is met
only where—
(a)
the review by the Secretary of State was on an application,
(b)
the Secretary of State considered issues of a specified
30
description, or
(c)
the review by the Secretary of State satisfied any other
condition specified in the regulations.”
      (3)
In subsection (5)(c) after “any such appeal” there is inserted “(or, where in
accordance with regulations under subsection (2A) there is no right of
35
appeal, any purported appeal)”.
11    (1)
Section 30 of that Act (regulations and orders) is amended as follows.
      (2)
In subsection (2) after “regulations under section” there is inserted “11(2A)
or”.
      (3)
After that subsection there is inserted—
40
“(2A)
A statutory instrument containing regulations under section 11(2A)
may not be made unless a draft of the instrument has been laid
before and approved by a resolution of each House of Parliament.”

Welfare Reform Bill
Schedule 11 — Power to require consideration of revision before appeal
142

Child Support, Pensions and Social Security Act 2000 (c. 19)
12
Schedule 7 to the Child Support, Pensions and Social Security Act 2000 is
amended as follows.
13    (1)
Paragraph 6 (housing benefit and council tax benefit: appeal to First-tier
Tribunal) is amended as follows.
5
      (2)
In sub-paragraph (4), after paragraph (b) there is inserted—

“or where regulations under sub-paragraph (5A) so provide.”
      (3)
After sub-paragraph (5) there is inserted—
   “(5A)
Regulations may provide that, in such cases or circumstances as
may be prescribed, there is a right of appeal in relation to a
10
decision only if the relevant authority which made the decision
has considered whether to revise the decision under paragraph 3.
     (5B)
The regulations may in particular provide that that condition is
met only where—
(a)
the consideration by the relevant authority was on an
15
application,
(b)
the relevant authority considered issues of a specified
description, or
(c)
the consideration by the relevant authority satisfied any
other condition specified in the regulations.”
20
      (4)
In sub-paragraph (8)—
(a)
the words from “make provision” to the end become paragraph (a);
(b)
after that paragraph there is inserted—
“(b)
provide that, where in accordance with regulations
under sub-paragraph (5A) there is no right of
25
appeal against a decision, any purported appeal
may be treated as an application for revision under
paragraph 3.”
14
In paragraph 20(4) (regulations subject to affirmative procedure) for “or (4)”
there is substituted “, (4) or (5A)”.
30
Child Maintenance and Other Payments Act 2008 (c. 6)
15
The Child Maintenance and Other Payments Act 2008 is amended as
follows.
16
In section 49(2) (regulations regarding reconsideration) after “and” there is
inserted “may prescribe”.
35
17    (1)
Section 50 (appeals to First-tier Tribunal) is amended as follows.
      (2)
After subsection (1) there is inserted—
“(1A)
Regulations may provide that, in such cases or circumstances as may
be prescribed, a person may appeal against a determination made on
a claim only if the Secretary of State has decided whether to
40
reconsider the determination under section 49.
(1B)
The regulations may in particular provide that that condition is met
only where—

Welfare Reform Bill
Schedule 12 — Supersession of decisions of former appellate bodies
143

(a)
the decision of the Secretary of State was on an application,
(b)
the Secretary of State considered issues of a specified
description, or
(c)
the decision of the Secretary of State satisfied any other
condition specified in the regulations.”
5
      (3)
In subsection (4)(c) after “an appeal under subsection (1)(a)” there is inserted
“(or, where in accordance with regulations under subsection (1A) there is no
right of appeal, any purported appeal)”.
18    (1)
Section 53 (regulations under Part 4) is amended as follows.
      (2)
After subsection (2) there is inserted—
10
“(2A)
The power to make regulations under section 50(1A) may be
exercised—
(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;
15
(b)
so as to make, as respects the cases in relation to which it is
exercised—
(i)
the full provision to which it extends or any lesser
provision (whether by way of exception or
otherwise);
20
(ii)
the same provision for all cases, different provision
for different cases or classes of case or different
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
25
to any specified condition.”
      (3)
In subsection (3) after “section 46” there is inserted “or 50(1A)”.
Schedule 12
Section 100

Supersession of decisions of former appellate bodies
Child Support Act 1991 (c. 48)
30
1
The Child Support Act 1991 is amended as follows.
2     (1)
Section 17 (decisions superseding earlier decisions) is amended as follows.
      (2)
In subsection (1)—
(a)
in paragraphs (b) and (d) after “any decision of” there is inserted “an
appeal tribunal or”;
35
(b)
in paragraph (e) after “any decision of” there is inserted “a Child
Support Commissioner or”.
      (3)
After subsection (5) there is inserted—
“(6)
In this section—
“appeal tribunal” means an appeal tribunal constituted under
40
Chapter 1 of Part 1 of the Social Security Act 1998 (the

Welfare Reform Bill
Schedule 12 — Supersession of decisions of former appellate bodies
144

functions of which have been transferred to the First-tier
Tribunal);
“Child Support Commissioner” means a person appointed as
such under section 22 (the functions of whom have been
transferred to the Upper Tribunal).”
5
3     (1)
In Schedule 4C (departure directions), paragraph 2 is amended as follows.
      (2)
In sub-paragraph (1)(c), after “any decision of” there is inserted “an appeal
tribunal or”.
      (3)
In sub-paragraph (2), after “any decision of” (in each place) there is inserted
“an appeal tribunal or”.
10
      (4)
After sub-paragraph (2) there is inserted—
    “(3)
In this paragraph “appeal tribunal” means an appeal tribunal
constituted under Chapter 1 of Part 1 of the Social Security Act
1998 (the functions of which have been transferred to the First-tier
Tribunal).”
15
Social Security Act 1998 (c. 14)
4     (1)
Section 10 of the Social Security Act 1998 (decisions superseding earlier
decisions) is amended as follows.
      (2)
In subsection (1), the “and” at the end of paragraph (a) is repealed and after
that paragraph there is inserted—
20
“(aa)
any decision under this Chapter of an appeal tribunal or a
Commissioner; and”.
      (3)
After subsection (6) there is inserted—
“(7)
In this section—
“appeal tribunal” means an appeal tribunal constituted under
25
Chapter 1 of this Part (the functions of which have been
transferred to the First-tier Tribunal);
“Commissioner” means a person appointed as a Social Security
Commissioner under Schedule 4 (the functions of whom
have been transferred to the Upper Tribunal), and includes a
30
tribunal of such persons.”
Child Support, Pensions and Social Security Act 2000 (c. 19)
5     (1)
In Schedule 7 to the Child Support, Pensions and Social Security Act 2000
(housing benefit and council tax benefit), paragraph 4 (decisions
superseding earlier decisions) is amended as follows.
35
      (2)
In sub-paragraph (1), the “and” at the end of paragraph (a) is repealed and
after that paragraph there is inserted—
“(aa)
any decision under this Schedule of an appeal tribunal or a
Commissioner, and”.
      (3)
In sub-paragraph (2)—
40
(a)
after “the decision appealed against to” there is inserted “the tribunal
or”;

Welfare Reform Bill
Schedule 13 — Repeals
Part 1 — Abolition of benefits superseded by universal credit
145

(b)
after “the decision being appealed against to” there is inserted “the
Commissioner or”.
      (4)
After sub-paragraph (6) there is inserted—
    “(7)
In this paragraph—
“appeal tribunal” means an appeal tribunal constituted
5
under Chapter 1 of Part 1 of the Social Security Act 1998
(the functions of which have been transferred to the First-
tier Tribunal);
“Commissioner” means a person appointed as a Social
Security Commissioner under Schedule 4 to that Act (the
10
functions of whom have been transferred to the Upper
Tribunal), and includes a tribunal of such persons.”
Schedule 13
Section 133

Repeals
Part 1
15
Abolition of benefits superseded by universal credit

Short title and chapter
Extent of repeal

Social Work (Scotland) Act 1968
In section 78(2A), the words from “income

(c. 49)
support” to “or family credit”.

Education (Scotland) Act 1980
In section 53(3)—

20

(c. 41)
(a)
in paragraph (a), sub-paragraphs (i) to

(iia) and, in sub-paragraph (iv), the

words from “or any tax credit” to “2002

(c. 21)”;

(b)
in paragraph (b), sub-paragraphs (i) to

25

(iia) and, in sub-paragraph (iii), the

words from “or any tax credit” to “2002

(c. 21)”.

Legal Aid (Scotland) Act 1986
In sections 8(b) and 11(2)(b), the words from

(c. 47)
“income support” to the end.

30

Children Act 1989 (c. 41)
In section 17—

(a)
in subsection (9), the words from “of

income support” to the end;

(b)
subsection (12).

In section 17A(5)(b), the words from of “income

35

support” to the end.

In section 29(3) and (3A), the words from “of

income support” to the end.

In section 105(1), the definitions of—

(a)
“income-based jobseeker’s allowance”;

40

(b)
“income-related employment and

support allowance”.

In Schedule 2, in paragraph 21(4), the words

from “income support” to the end.

Welfare Reform Bill
Schedule 13 — Repeals
Part 1 — Abolition of benefits superseded by universal credit
146

Short title and chapter
Extent of repeal

Child Support Act 1991 (c. 48)
In section 54(1), the definitions of—

(a)
“income support”;

(b)
“income-based jobseeker’s allowance”;

(c)
“income-related employment and

5

support allowance”.

In paragraph 5(4) of Schedule 1, as it has effect

apart from section 1 of the Child Support,

Pensions and Social Security Act 2000, the

words from “income support” to “support

10

allowance”.

Social Security Contributions
In sections 4C(2)(b), (5)(c) and (7)(a),

and Benefits Act 1992 (c. 4)
“contribution-based”.

In section 22—

(a)
in subsections (2)(a) and (5),

15

“contribution-based”;

(b)
subsection (8).

In section 44A(7), “contributory”.

In section 122(1), the definition of “contribution-

based jobseeker’s allowance”.

20

Sections 123 to 137.

Section 175(6).

In Schedule 3, in paragraph 5(6B), “or 4(2)(b)”.

Social Security Administration
Section 1(4)(b).

Act 1992 (c. 5)
Sections 2A to 2H.

25

In section 5—

(a)
subsection (2)(b) and (e);

(b)
in subsection (6), “or housing benefit”.

Sections 6 and 7.

Section 7A(1) to (5).

30

In section 15A—

(a)
in subsection (1)(a), the words from

“income support” to “employment and

support allowance”;

(b)
in subsection (1)(b), the words from “or

35

the applicable” to “employment and

support allowance”;

(c)
in subsection (1), in the words after

paragraph (b), the words from “or

applicable” to “employment and

40

support allowance”;

(d)
in subsection (4), in the definition of

“qualifying associate”, “income support,

an income-based jobseeker’s

allowance,”, “or an income-related

45

employment and support allowance,”,

“Part VII of the Contributions and

Benefits Act or”, “under the Jobseekers

Act 1995,” and “or Part 1 of the Welfare

Reform Act 2007”;

50

(e)
in subsection (4), in the definition of

“relevant benefits”, paragraph (b).

Section 71(11)(b).

Welfare Reform Bill
Schedule 13 — Repeals
Part 1 — Abolition of benefits superseded by universal credit
147

Short title and chapter
Extent of repeal

Social Security Administration
Section 71ZG(1)(c) and (d) (as inserted by

Act 1992 (c. 5)—cont.
section 102 of this Act).

Section 71A.

In section 73(1) and (4)(b), “contribution-based”.

5

In section 74—

(a)
in subsection (1)(b), “income support, an

income-based jobseeker’s allowance”

and “or an income-related employment

and support allowance”;

10

(b)
in subsection (2)(b), “income support, an

income-based jobseeker’s allowance,”

and “or an income-related employment

and support allowance”;

(c)
subsection (3);

15

(d)
in subsection (4), “or (3)” and paragraph

(b) and the preceding “and”.

In section 74A(7), the words from “income

support” to “employment and support

allowance”.

20

Section 75 (and the preceding cross-heading).

Sections 76 and 77.

In section 78(6)(d), “income support or an

income-based jobseeker’s allowance”.

In the heading to Part V, “Income support and”.

25

In section 105—

(a)
in subsection (1)(b), the words from

“income support” to “support

allowance”;

(b)
subsection (3)(b) and the preceding “or”;

30

(c)
subsection (4).

In section 106(1), (2), (3) and (4)(a), “income

support or”.

In section 108(1)(a), “income support or”.

In section 109(1), “or income support or an

35

income-related employment and support

allowance”, in both places.

In section 109A—

(a)
subsection (3)(b) to (d);

(b)
subsections (6) and (7).

40

Sections 110A and 110AA.

In section 111—

(a)
in subsection (1)(ab), “or 110AA”;

(b)
in subsection (3), “or 110A”.