Welfare Reform and Pensions Bill

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House of Lords

Session 1998-99
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Other Bills before Parliament

Welfare Reform and Pensions Bill

This is the text of the Welfare Reform and Pensions Bill, as passed by the House of Commons and introduced in the House of Lords on 21st May 1999.

EXPLANATORY NOTES
Explanatory Notes to the Bill, prepared by the Department of Social Security, are published separately as HL Bill 62-EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

The Baroness Hollis of Heigham has made the following statement under section 19(1)(a) of the Human Rights Act 1998:-

In my view, the provisions of the Welfare Reform and Pensions Bill are compatible with the Convention rights.

Welfare Reform and Pensions Bill

ARRANGEMENT OF CLAUSES

PART I

STAKEHOLDER PENSION SCHEMES

Clause

1. Meaning of "stakeholder pension scheme".

2. Registration of stakeholder pension schemes.

3. Duty of employers to facilitate access to stakeholder pension schemes.

4. Obtaining information with respect to compliance with section 3.

5. Powers of inspection for securing compliance with section 3.

6. Application of certain enactments.

7. Reduced rates of contributions etc: power to specify different percentages.

8. Interpretation and application of Part I.

PART II

PENSIONS: GENERAL

Payments by employers to pension schemes

9. Monitoring of employers' payments to personal pension schemes.

10. Late payments by employers to occupational pension schemes.

Pensions and bankruptcy

11. Effect of bankruptcy on pension rights: approved arrangements.

12. Effect of bankruptcy on pension rights: unapproved arrangements.

13. Sections 11 and 12: application to Scotland.

14. No forfeiture on bankruptcy of rights under pension schemes.

15. Excessive pension contributions made by persons who have become bankrupt.

16. Excessive pension contributions made by persons who have become bankrupt: Scotland.

Miscellaneous

17. Compensating occupational pension schemes.

18. Miscellaneous amendments.

PART III

PENSIONS ON DIVORCE ETC.

Pension sharing orders

19. Orders in England and Wales.

20. Orders in Scotland.

Sections 25B to 25D of the Matrimonial Causes Act 1973

21. Amendments.

22. Extension to overseas divorces etc.

PART IV

PENSION SHARING

CHAPTER I

SHARING OF RIGHTS UNDER PENSION ARRANGEMENTS

Pension sharing mechanism

23. Scope of mechanism.

24. Activation of pension sharing.

25. Creation of pension debits and credits.

26. Cash equivalents.

Pension debits

27. Reduction of benefit.

28. Effect on contracted-out rights.

Pension credits

29. Time for discharge of liability.

30. "Implementation period".

31. Mode of discharge of liability.

Treatment of pension credit rights under schemes

32. Safeguarded rights.

33. Requirements relating to pension credit benefit.

34. Treatment in winding up.

Indexation

35. Public service pension schemes.

36. Other pension schemes.

Charges by pension arrangements

37. Charges in respect of pension sharing costs.

Adaptation of statutory schemes

38. Extension of scheme-making powers.

39. Power to extend judicial pension schemes.

Supplementary

40. Disapplication of restrictions on alienation.

41. Information.

42. Interpretation of Chapter I.

CHAPTER II

SHARING OF STATE SCHEME RIGHTS

43. Shareable state scheme rights.

44. Activation of benefit sharing.

45. Creation of state scheme pension debits and credits.

46. Effect of state scheme pension debits and credits.

47. Interpretation of Chapter II.

PART V

WELFARE

CHAPTER I

SOCIAL SECURITY BENEFITS

State maternity allowance

48. Extension of entitlement to state maternity allowance.

Benefits for widows and widowers

49. Bereavement payments.

50. New allowances for bereaved spouses.

51. Entitlement to Category B retirement pension by reference to new allowances.

Work-focused interviews

52. Claim or full entitlement to certain benefits conditional on work-focused interview.

53. Optional work-focused interviews.

Jobseeker's allowance

54. Couples to make joint claim for allowance.

55. Special schemes for claimants for jobseeker's allowance.

Incapacity for work

56. Incapacity for work: personal capability assessments.

Incapacity benefits

57. Incapacity benefit: restriction to recent contributors.

58. Incapacity benefit: reduction for pension payments.

59. Incapacity benefit: persons incapacitated in youth.

60. Abolition of severe disablement allowance.

Disability benefits

61. Attendance allowance.

62. Disability living allowance.

Miscellaneous

63. Certain overpayments of benefit not to be recoverable.

64. Child benefit: claimant to state national insurance number.

65. Welfare benefits: miscellaneous amendments.

Supplementary

66. Sharing of functions as regards claims and information.

67. Supply of information for certain purposes.

CHAPTER II

NATIONAL INSURANCE CONTRIBUTIONS

68. New threshold for primary Class 1 contributions.

69. New threshold for primary Class 1 contributions: Northern Ireland.

70. Earnings of workers supplied by service companies etc.

71. Earnings of workers supplied by service companies etc: Northern Ireland

72. Class 1B contributions.

73. Class 1B contributions: Northern Ireland.

CHAPTER III

OTHER WELFARE PROVISIONS

74. Measures to reduce under-occupation by housing benefit claimants.

75. Supply of information for child support purposes.

PART VI

GENERAL

Miscellaneous

76. Contributions and pensions administration.

77. Authorisation of certain expenditure.

Supplementary

78. Regulations and orders.

79. Consequential amendments etc.

80. Transitional provisions.

81. General financial provisions.

82. Repeals.

83. Commencement.

84. Extent.

85. Short title and general interpretation.

SCHEDULES:

    Schedule 1 - Application of 1993 and 1995 Acts to registered schemes.

    Schedule 2 - Pensions: miscellaneous amendments.

    Schedule 3 - Pension sharing orders: England and Wales.

    Schedule 4 - Amendments of sections 25B to 25D of the Matrimonial Causes Act 1973.

    Schedule 5 - Pension credits: mode of discharge.

    Schedule 6 - Effect of state scheme pension debits and credits.

    Schedule 7 - Joint claims for jobseeker's allowance.

    Schedule 8 - Welfare benefits: minor and consequential amendments.

    Part I - Bereavement benefits.

    Part II - Incapacity.

    Part III - Abolition of severe disablement allowance.

    Part IV - Income support.

    Part V - Jobseeker's allowance.

    Part VI - Maternity allowance.

    Part VII - Retirement pensions.

    Part VIII - Social Security Advisory Committee.

    Schedule 9 - New threshold for primary Class 1 contributions.

    Part I - New primary threshold.

    Part II - Reduced contributions in respect of members of contracted-out schemes.

    Part III - National Health Service allocation.

    Schedule 10 - New threshold for primary Class 1 contributions: Northern Ireland.

    Part I - New primary threshold.

    Part II - Reduced contributions in respect of members of contracted-out schemes.

    Part III - Health Service allocation.

    Schedule 11 - Contributions and pensions administration.

    Schedule 12 - Consequential amendments.

    Part I - Amendments consequential on Parts III and IV.

    Part II - Other consequential amendments.

    Schedule 13 - Repeals.

    Part I - Pensions: miscellaneous.

    Part II - Pensions on divorce etc.

    Part III - Pension sharing.

    Part IV - Abolition of severe disablement allowance.

    Part V - Benefits: miscellaneous.

    Part VI - National Insurance contributions.

    Part VII - National Insurance contributions: Northern Ireland.

© Parliamentary copyright 1999
Prepared 24 May 1999