Session 2010 - 11
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Other Bills before Parliament

Welfare Reform Bill


Welfare Reform Bill
Part 3 — Other benefit changes

51

 

65      

Trainees

(1)   

After section 95 of the Social Security Contributions and Benefits Act 1992 there

is inserted—

“95A    

Employment training schemes etc

(1)   

In the industrial injuries and diseases provisions any reference to

5

employed earner’s employment shall be taken to include participation

in an employment training scheme or employment training course of a

prescribed description (and “employed earner” shall be construed

accordingly).

(2)   

In those provisions, a reference to an employer, in relation to any such

10

participation, shall be taken to be a prescribed person.

(3)   

In this section “industrial injuries and diseases provisions” has the

same meaning as in section 95(4) above.”

(2)   

In section 11 of the Employment and Training Act 1973 (financial provision), in

subsection (3) (power to make payments in respect of trainees equivalent to

15

social security benefits payable in respect of employees), for “Parts II to V”

there is substituted “Parts 2 to 4”.

(3)   

The Secretary of State may make regulations—

(a)   

for, and in relation to, the payment of industrial injuries benefit to

persons to whom, before the commencement of this section, payments

20

were payable under section 11(3) of the Employment and Training Act

1973;

(b)   

for claims for such payments to be treated as claims for industrial

injuries benefit.

(4)   

In subsection (3) “industrial injuries benefit” has the meaning given by section

25

122(1) of the Social Security Contributions and Benefits Act 1992.

(5)   

Regulations under this section are to be made by statutory instrument.

(6)   

A statutory instrument containing regulations under this section is subject to

annulment in pursuance of a resolution of either House of Parliament.

66      

Restriction on new claims for industrial death benefit

30

In Part 6 of Schedule 7 to the Social Security Contributions and Benefits Act

1992 (industrial death benefit), in paragraph 14, after sub-paragraph (1) there

is inserted—

   “(1A)  

No claim may be made for industrial death benefit after the coming

into force of this sub-paragraph.”

35

67      

Determinations

(1)   

Section 29(2) of the Social Security Act 1998 (which provides for decisions as to

whether an accident is an industrial accident in the absence of a claim for

benefit) is repealed.

(2)   

In section 30 of that Act (effect of decision), in subsection (1), the words from

40

“(given” to “otherwise)” are repealed.

 
 

Welfare Reform Bill
Part 3 — Other benefit changes

52

 

Housing benefit

68      

Housing benefit: determination of appropriate maximum

(1)   

Section 130A of the Social Security Contributions and Benefits Act 1992

(appropriate maximum housing benefit) is amended as follows.

(2)   

In subsection (3), for “The regulations may provide” there is substituted “The

5

provision which may be made by the regulations includes provision”.

(3)   

For subsections (5) and (6) there is substituted—

“(5)   

The regulations may, for the purpose of determining the AMHB,

provide for the amount of the liability mentioned in section 130(1)(a)

above to be taken to be an amount other than the actual amount of that

10

liability (and, without prejudice to the generality of this subsection,

may provide for it to be taken to be the amount of a rent officer

determination).

(6)   

The regulations may, for that purpose, make provision for determining

the amount of liability under section 130(1)(a) above which a person is

15

treated as having by virtue of regulations under section 137(2)(j) below

(and, without prejudice to the generality of this subsection, may

provide for that amount to be the amount of a rent officer

determination).”

Social fund

20

69      

Ending of discretionary payments

(1)   

Section 138(1)(b) of the Social Security Contributions and Benefits Act 1992

(discretionary payments out of social fund) is repealed.

(2)   

In consequence of the provision made by subsection (1), the office of the social

fund Commissioner is abolished.

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(3)   

Payments are to be made out of the social fund into the Consolidated Fund in respect

of

(a)   

amounts allocated under section 168 of the Social Security Administration Act

1992 to the making of such payments as are mentioned in section 138(1)(b) but

which are not so applied in consequence of subsection (1);

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(b)   

sums relating to such payments as are mentioned in section 138(1)(b) that are

paid into the social fund under section 164 of the Social Security

Administration Act 1992.

(4)   

The payments are to be such as the Secretary of State determines in accordance

with any directions of the Treasury to be appropriate.

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(5)   

Subsection (3) is not to prevent the Secretary of State from re-allocating

amounts allocated under section 168(1) of the Social Security Administration

Act 1992.

(6)   

The Secretary of State may by order provide for the transfer of property, rights

and liabilities from the social fund Commissioner.

40

(7)   

An order under this section may—

 
 

Welfare Reform Bill
Part 3 — Other benefit changes

53

 

(a)   

provide for the transfer of property, rights and liabilities whether or not

they would otherwise be capable of being transferred;

(b)   

make such supplementary, incidental, consequential or transitional

provision as the Secretary of State considers appropriate.

(8)   

An order under this section is to be made by statutory instrument.

5

(9)   

A statutory instrument containing an order under this section is subject to

annulment in pursuance of a resolution of either House of Parliament.

(10)   

Schedule 8 contains consequential amendments.

70      

Purposes of discretionary payments

In section 138 of the Social Security Contributions and Benefits Act 1992

10

(payments out of the social fund), in subsection (1)(b), for “to meet other needs”

there is substituted “to meet—

(i)   

other needs, and

(i)   

in the case of payments by way of budgeting loan, those

needs for which provision is made by paragraph (a),”.

15

71      

Determination of amount or value of budgeting loan

(1)   

Section 140 of the Social Security Contributions and Benefits Act 1992

(principles of determination) is amended as follows.

(2)   

In subsection (4), after paragraph (d) there is inserted—

“(da)   

that the amount or value of a budgeting loan is not to exceed a

20

sum specified or determined as specified in the direction;”.

(3)   

After subsection (4) there is inserted—

“(4ZA)   

A direction under subsection (4)(da) may require the sum to be

determined by applying, or by a method that includes applying, a

multiplier specified in the direction in circumstances specified in the

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direction to the most recent relevant sum published by the Secretary of

State.

(4ZB)   

A relevant sum is a sum determined from time to time by reference to

so much of any relevant allocation under section 168(1) to (4) of the

Administration Act as is available for making payments.”

30

72      

External provider social loans and community care grants

Sections 16 to 21 of the Welfare Reform Act 2009 (provisions relating to external

provider social loans and community care grants), which have not been

brought into force, are repealed.

State pension credit

35

73      

State pension credit: carers

(1)   

The State Pension Credit Act 2002 is amended as follows.

(2)   

In section 2 (guarantee credit), in subsection (8), for paragraphs (a) and (b)

 
 

Welfare Reform Bill
Part 4 — Personal independence payment

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there is substituted—

“(a)   

the claimant has regular and substantial caring responsibilities,

or

(b)   

the claimant is a member of a couple the other member of which

has such responsibilities,”.

5

(3)   

In section 17 (interpretation), in subsection (1), in the appropriate place there is

inserted—

““regular and substantial caring responsibilities” has such

meaning as may be prescribed;”.

74      

State pension credit: capital limit

10

In section 1 of the State Pension Credit Act 2002 (entitlement), in subsection

(2)—

(a)   

in paragraph (b), the final “and” is repealed;

(b)   

at the end there is inserted “and

(d)   

his capital does not exceed a prescribed amount”.

15

Part 4

Personal independence payment

Personal independence payment

75      

Personal independence payment

(1)   

An allowance known as personal independence payment is payable in

20

accordance with this Part.

(2)   

A person’s entitlement to personal independence payment may be an

entitlement to—

(a)   

the daily living component (see section 76);

(b)   

the mobility component (see section 77); or

25

(c)   

both those components.

(3)   

A person is not entitled to personal independence payment unless the person

meets prescribed conditions relating to residence and presence in Great

Britain.

76      

Daily living component

30

(1)   

A person is entitled to the daily living component at the standard rate if—

(a)   

the person’s ability to carry out daily living activities is limited by the

person’s physical or mental condition; and

(b)   

the person meets the required period condition.

(2)   

A person is entitled to the daily living component at the enhanced rate if—

35

(a)   

the person’s ability to carry out daily living activities is severely limited

by the person’s physical or mental condition; and

(b)   

the person meets the required period condition.

(3)   

In this section, in relation to the daily living component—

 
 

Welfare Reform Bill
Part 4 — Personal independence payment

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(a)   

“the standard rate” means such weekly rate as may be prescribed;

(b)   

“the enhanced rate” means such weekly rate as may be prescribed.

(4)   

In this Part “daily living activities” means such activities as may be prescribed

for the purposes of this section.

(5)   

See sections 78 and 79 for provision about determining—

5

(a)   

whether the requirements of subsection (1)(a) or (2)(a) above are met;

(b)   

whether a person meets “the required period condition” for the

purposes of subsection (1)(b) or (2)(b) above.

(6)   

This section is subject to the provisions of this Part, or regulations under it,

relating to entitlement to the daily living component (see in particular sections

10

80 (persons who are terminally ill) and 81 (persons of pensionable age)).

77      

Mobility component

(1)   

A person is entitled to the mobility component at the standard rate if—

(a)   

the person is of or over the age prescribed for the purposes of this

subsection;

15

(b)   

the person’s ability to carry out mobility activities is limited by the

person’s physical or mental condition; and

(c)   

the person meets the required period condition.

(2)   

A person is entitled to the mobility component at the enhanced rate if—

(a)   

the person is of or over the age prescribed for the purposes of this

20

subsection;

(b)   

the person’s ability to carry out mobility activities is severely limited by

the person’s physical or mental condition; and

(c)   

the person meets the required period condition.

(3)   

In this section, in relation to the mobility component—

25

(a)   

“the standard rate” means such weekly rate as may be prescribed;

(b)   

“the enhanced rate” means such weekly rate as may be prescribed.

(4)   

In this Part “mobility activities” means such activities as may be prescribed for

the purposes of this section.

(5)   

See sections 78 and 79 for provision about determining—

30

(a)   

whether the requirements of subsection (1)(b) or (2)(b) above are met;

(b)   

whether a person meets “the required period condition” for the

purposes of subsection (1)(c) or (2)(c) above.

(6)   

This section is subject to the provisions of this Part, or regulations under it,

relating to entitlement to the mobility component (see in particular sections 80

35

and 81).

(7)   

Regulations may provide that a person is not entitled to the mobility

component for a period (even though the requirements in subsection (1) or (2)

are met) in prescribed circumstances where the person’s condition is such that

during all or most of the period the person is unlikely to benefit from enhanced

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mobility.

 
 

 
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Revised 17 February 2011