Welfare Reform Bill

Session 2010 - 11
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Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Part 6 — Miscellaneous
96

126
Information-sharing for social security or employment purposes etc
(1)
Section 72 of the Welfare Reform and Pensions Act 1999 (supply of information
for certain purposes) is amended as follows.
(2)
In subsection (2)(b), after “designated” there is inserted “(specifically or by
description)”.
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(3)
The following are repealed—
(a)
in subsection (6), the words “(subject to subsection (6A))”;
(b)
subsection (6A).
(4)
In Schedule 1 to the Education and Skills Act 2008, paragraph 74(3) and (4) is
repealed.
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Part 6
Miscellaneous
Tell Us Once
127
Functions of registration service
In the Registration Service Act 1953, after section 19 there is inserted—
15
“19A
Functions relating to transmission of information to Secretary of State
(1)
The functions of a registrar of births and deaths, a superintendent
registrar and the Registrar General include the power to—
(a)
transmit information entered in a register of births to the
Secretary of State, and
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(b)
verify such information for the Secretary of State,

for the purposes of the service in subsection (2).
(2)
That service is a service operated by the Secretary of State by which—
(a)
individuals may transmit information about births to the
Secretary of State, and
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(b)
that information may be transmitted to other persons by the
Secretary of State.
(3)
References in subsections (1) and (2) to the Secretary of State include
persons providing services to the Secretary of State for the purpose of
the service referred in subsection (2).
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(4)
This section does not authorise any disclosure which is unlawful—
(a)
by virtue of any enactment, or
(b)
by reason of the law relating to confidentiality or privacy.”
Child support maintenance
128
Supporting maintenance agreements
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(1)
In section 9 of the Child Support Act 1991 (maintenance agreements), after

Welfare Reform Bill
Part 6 — Miscellaneous
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subsection (2) there is inserted—
“(2A)
The Commission may, with a view to reducing the need for
applications under sections 4 and 7—
(a)
take such steps as it considers appropriate to encourage the
making and keeping of maintenance agreements, and
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(b)
before accepting an application under those sections, require
the applicant to take reasonable steps to establish whether it is
possible or appropriate to make such an agreement.”
(2)
In Schedule 5 to the Child Maintenance and Other Payments Act 2008
(maintenance calculations: transfer of cases to new rules), in paragraph 3, after
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sub-paragraph (2) there is inserted—
    “(3)
The Commission may before accepting an application required by
provision under sub-paragraph (2)(b) require the applicant to take
reasonable steps to establish whether it is possible or appropriate to
make a maintenance agreement (within the meaning of section 9 of
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the Child Support Act 1991).”
129
Collection of child support maintenance
(1)
The Child Support Act 1991 is amended as follows.
(2)
In section 4 (child support maintenance)—
(a)
in subsection (2), the words from “or” to “made” are repealed;
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(b)
after subsection (2) there is inserted—
“(2A)
The Commission may only make arrangements under
subsection (2)(a) if—
(a)
the non-resident parent agrees to the arrangements, or
(b)
the Commission is satisfied that without the
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arrangements child support maintenance is unlikely to
be paid in accordance with the calculation.”
(3)
In section 7 (right of child in Scotland to apply for calculation)—
(a)
in subsection (3), for the words from “person with care” to “made or”
there is substituted “person with care or”;
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(b)
after subsection (3) there is inserted—
“(3A)
The Commission may only make arrangements under
subsection (3)(a) if—
(a)
the non-resident parent agrees to the arrangements, or
(b)
the Commission is satisfied that without the
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arrangements child support maintenance is unlikely to
be paid in accordance with the calculation.”
(4)
In section 29 (collection of child support maintenance), in subsection (1) after
“may” there is inserted “(subject to section 4(2A) and 7(3A))”.

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130
Indicative maintenance calculations
After section 9 of the Child Support Act 1991 there is inserted—
“9A
Maintenance agreements: indicative calculations
(1)
A person with care or non-resident parent in relation to any qualifying
child or qualifying children may apply to the Commission for an
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indicative calculation with respect to that child or any of those children.
(2)
A qualifying child who has attained the age of 12 years and is
habitually resident in Scotland may apply to the Commission for an
indicative calculation with respect to himself or herself.
(3)
An indicative calculation is a calculation of the amount of child support
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maintenance which the Commission considers would in accordance
with section 11 be fixed by a maintenance calculation if such a
calculation were made with respect to the child or children in question.
(4)
An indicative calculation does not create any liability on any person to
pay child support maintenance.
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(5)
The Commission may limit the number of applications it will accept
under this section in any particular case in such manner as it thinks fit.
(6)
Where a person who is alleged to be the parent of a child with respect
to whom an application for an indicative calculation has been made
denies being one of the child’s parents, the Commission shall not make
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the indicative calculation on the assumption that the person is one of
the child’s parents unless the case falls within paragraph (b) of Case A3
in section 26(2).”
131
Exclusion from individual voluntary arrangements
(1)
In the Insolvency Act 1986, in section 382 (meaning of “bankruptcy debt” etc),
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at the end there is inserted—
“(5)
Liability under the Child Support Act 1991 to pay child support
maintenance to any person is not a debt or liability for the purposes of
Part 8.”
(2)
In the heading to that section, after “bankruptcy debt” there is substituted “,
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“liability””.
Employment and training
132
Use of jobcentres by sex industry
In the Employment and Training Act 1973, after section 2 (duty of Secretary of
State to make arrangements for assisting persons to find employment etc) there
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is inserted—
“2A
Restriction on section 2 arrangements: sex industry
(1)
Arrangements made by the Secretary of State under section 2 may not
include arrangements in respect of employment for sexual purposes.
(2)
For the purposes of this section employment is for sexual purposes if—
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(a)
it involves the employee engaging in an activity, and
(b)
the employee’s activity, or the way in which it is performed,
may reasonably be assumed to be intended solely or principally
to stimulate one or more other persons sexually (by whatever
means).
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(3)
The Secretary of State may by order specify exceptions to subsection (1).
(4)
A statutory instrument containing an order under subsection (3) is
subject to annulment in pursuance of a resolution of either House of
Parliament.”
Part 7
10
Final
133
Repeals
Schedule 13 contains consequential repeals.
134
Financial provision
There shall be paid out of money provided by Parliament—
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(a)
sums paid by the Secretary of State by way of universal credit or personal
independence payment;
(b)
any other expenditure incurred in consequence of this Act by a Minister of the
Crown or the Commissioners for Her Majesty’s Revenue and Customs;
(c)
any increase attributable to this Act in the sums payable under any other Act
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out of money so provided.
135
Extent
(1)
This Act extends to England and Wales and Scotland only, subject as follows.
(2)
The following provisions extend to England and Wales, Scotland and Northern
Ireland—
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(a)
section 33 (power to make consequential and supplementary provision:
universal credit);
(b)
section 34 (abolition of benefits);
(c)
section 89 (power to make consequential and supplementary provision:
personal independence payment);
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(d)
section 120(1) to (13) (tax credits: transfer of functions etc);
(e)
section 121(1) to (9) (information-sharing between Secretary of State
and HMRC);
(f)
this Part, excluding Schedule 13 (repeals).
(3)
Any amendment or repeal made by this Act has the same extent as the
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enactment to which it relates.
136
Commencement
(1)
The following provisions of this Act come into force on the day on which it is
passed—

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(a)
section 100 and Schedule 12 (supersession of decisions of former
appellate bodies) (but see section 100(2));
(b)
section 104 (application of Limitation Act 1980) (but see section 104(4));
(c)
section 120 (tax credits: transfer of functions etc);
(d)
this Part, excluding Schedule 13 (repeals).
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(2)
The following provisions of this Act come into force at the end of the period of
two months beginning with the day on which it is passed—
(a)
section 50 (dual entitlement to employment and support allowance and
jobseeker’s allowance);
(b)
section 59 and Part 6 of Schedule 13 (claimants dependent on drugs etc);
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(c)
sections 70 and 71 (social fund: purposes of discretionary payments and
determination of amount or value of budgeting loan);
(d)
section 103 (recovery of child benefit and guardian’s allowance);
(e)
section 106 (time limit for legal proceedings);
(f)
section 121 and Part 13 of Schedule 13 (information-sharing between
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Secretary of State and HMRC);
(g)
section 126 (information-sharing for social security or employment
purposes etc);
(h)
section 127 (functions of registration service);
(i)
section 131 (exclusion of child support maintenance from individual
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voluntary arrangements);
(j)
Part 2 of Schedule 13 (entitlement to jobseeker’s allowance without
seeking employment).
(3)
The remaining provisions of this Act come into force on such day as the
Secretary of State may by order made by statutory instrument appoint.
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(4)
An order under subsection (3) may—
(a)
appoint different days for different purposes;
(b)
appoint different days for different areas in relation to—
(i)
any provision of Part 1 (universal credit) or of Part 1 of Schedule
13;
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(ii)
section 60 or 61 (entitlement to work: jobseeker’s allowance and
employment and support allowance);
(iii)
section 99 (consideration of revision before appeal);
(c)
make such transitory or transitional provision, or savings, as the
Secretary of State considers necessary or expedient.
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137
Short title
This Act may be cited as the Welfare Reform Act 2011.