Welfare Reform and Pensions Bill

Welfare Reform and Pensions Bill - continued	House of Lords
PART II, BEREAVEMENT PAYMENT - continued

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Miscellaneous

Certain overpayments of benefit not to be recoverable.

65. - (1) An overpayment to which this section applies shall not be recoverable from the payee, whether by the Secretary of State or a local authority, under any provision made by or under Part III of the Administration Act (overpayments and adjustments of benefit).

(2) This section applies to an overpayment if-

(a) it is in respect of a qualifying benefit;

(b) it is referable to a decision given on a review that there has been an alteration in the relevant person's condition, being a decision to which effect is required to be given as from a date earlier than that on which it was given;

(d) the overpayment is not excluded by virtue of subsection (6).

(3) In subsection (2)(b) the reference to a decision on a review that there has been an alteration in the relevant person's condition is a reference to a decision so given that that person's physical or mental condition either was at the time when the original decision was given, or has subsequently become, different from that on which that decision was based, with the result-

(a) that he did not at that time, or (as the case may be) has subsequently ceased to, meet any of the conditions contained in the following provisions of the Contributions and Benefits Act, namely-

(i) section 64 (attendance allowance),

(ii) section 72(1) or (2) (care component of disability living allowance), and

(iii) section 73(1) or (2) (mobility component of that allowance); or

(b) that he was at that time, or (as the case may be) has subsequently become, capable of work in accordance with regulations made under section 171C(2) of that Act (the all work test).

(4) For the purposes of this section "qualifying benefit" means-

(a) attendance allowance;

(b) disability living allowance;

(c) any benefit awarded wholly or partly by reason of a person being (or being treated as being) in receipt of a component (at any rate) of disability living allowance or in receipt of attendance allowance;

(d) incapacity benefit;

(e) any benefit (other than incapacity benefit) awarded wholly or partly by reason of a person being (or being treated as being) incapable of work; or

(f) any benefit awarded wholly or partly by reason of a person being (or being treated as being) in receipt of any benefit falling within paragraph (c), (d) or (e).

(5) For the purposes of this section-

(a) "review" means a review taking place by virtue of section 25(1)(a) or (b), 30(2)(a) or (b) or 35(1)(a) or (b) of the Administration Act;

(b) "the relevant person", in relation to a review, means the person to whose entitlement to a qualifying benefit or to whose incapacity for work the review related; and

(c) "the original decision", in relation to a review, means the decision as to any such entitlement or incapacity to which the review related.

(6) An overpayment is excluded by virtue of this subsection if (before or after the passing of this Act)-

(a) the payee has agreed to pay a penalty in respect of the overpayment under section 115A of the Administration Act,

(b) the payee has been convicted of any offence (under section 111A or 112(1) or (1A) of that Act or otherwise) in connection with the overpayment, or

(c) proceedings have been instituted against the payee for such an offence and the proceedings have not been determined or abandoned.

(7) Nothing in this section applies to an overpayment to the extent that it was recovered from the payee (by any means) before 26th February 1999.

(8) In this section-

"benefit" includes any amount included in-

(a) the applicable amount in relation to an income-related benefit (as defined by section 135(1) of the Contributions and Benefits Act), or

(b) the applicable amount in relation to a jobseeker's allowance (as defined by section 4(5) of the Jobseekers Act 1995);

"income-related benefit" has the meaning given by section 123(1) of the Contributions and Benefits Act;

"overpayment" means an amount of benefit paid in excess of entitlement;

"the payee", in relation to an overpayment, means the person to whom that amount was paid.

Child benefit: claimant to state national insurance number.

66. In section 13 of the Administration Act (entitlement to child benefit dependent on claim), after subsection (1) there shall be inserted-

	"(1A) No person shall be entitled to child benefit unless subsection (1B) below is satisfied in relation to him.
	(1B) This subsection is satisfied in relation to a person if-
	(a) his claim for child benefit is accompanied by-
	(i) a statement of his national insurance number and information or evidence establishing that that number has been allocated to him; or
	(ii) information or evidence enabling the national insurance number that has been allocated to him to be ascertained; or
	(b) he makes an application for a national insurance number to be allocated to him which is accompanied by information or evidence enabling such a number to be so allocated.
	(1C) Regulations may make provision disapplying subsection (1A) above in the case of-
	(a) prescribed descriptions of persons making claims, or
	(b) prescribed descriptions of children in respect of whom child benefit is claimed,
	or in other prescribed circumstances."

Welfare benefits: miscellaneous amendments.

67. Schedule 8 (which makes minor and consequential amendments of provisions relating to welfare benefits) shall have effect.

Supplementary

Sharing of functions as regards claims and information.

68. After section 7 of the Administration Act there shall be inserted-

	"Sharing of functions as regards certain claims and information
Sharing of functions as regards certain claims and information.	7A. - (1) Regulations may, for the purpose of supplementing the persons or bodies to whom claims for relevant benefits may be made, make provision-
	(a) as regards housing benefit or council tax benefit, for claims for that benefit to be made to-
	(i) a Minister of the Crown, or
	(ii) a person providing services to a Minister of the Crown;
	(b) as regards any other relevant benefit, for claims for that benefit to be made to-
	(i) a local authority,
	(ii) a person providing services to a local authority, or
	(iii) a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit.
	(2) Regulations may make provision for or in connection with-
	(a) the forwarding by a relevant authority of-
	(i) claims received by virtue of any provision authorised by subsection (1) above, and
	(ii) information or evidence supplied in connection with making such claims (whether supplied by persons making the claims or by other persons);
	(b) the receiving and forwarding by a relevant authority of information or evidence relating to social security matters supplied by, or the obtaining by a relevant authority of such information or evidence from-
	(i) persons making, or who have made, claims for a relevant benefit, or
	(ii) other persons in connection with such claims,
	including information or evidence not relating to the claims or benefit in question;
	(c) the recording by a relevant authority of information or evidence relating to social security matters supplied to, or obtained by, the authority and the holding by the authority of such information or evidence (whether as supplied or obtained or as recorded);
	(d) the giving of information or advice with respect to social security matters by a relevant authority to persons making, or who have made, claims for a relevant benefit.
	(3) In paragraphs (b) and (d) of subsection (2) above-
	(a) references to claims for a relevant benefit are to such claims whether made as mentioned in subsection (1)(a) or (b) above or not; and
	(b) references to persons who have made such claims include persons to whom awards of benefit have been made on the claims.
	(4) Regulations under this section may make different provision for different areas.
	(5) Regulations under any other enactment may make such different provision for different areas as appears to the Secretary of State expedient in connection with any exercise by regulations under this section of the power conferred by subsection (4) above.
	(6) In this section-
	(a) "benefit" includes child support or a war pension (any reference to a claim being read, in relation to child support, as a reference to an application under the Child Support Act 1991 for a maintenance assessment);
	(b) "local authority" means an authority administering housing benefit or council tax benefit;
	(c) "relevant authority" means-
	(i) a Minister of the Crown,
	(ii) a person providing services to a Minister of the Crown,
	(iii) a local authority,
	(iv) a person providing services to a local authority, or
	(v) a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit;
	(d) "relevant benefit" means housing benefit, council tax benefit or any other benefit prescribed for the purposes of this section;
	(e) "social security matters" means matters relating to social security, child support or war pensions;
	and in this subsection "war pension" means a war pension within the meaning of section 25 of the Social Security Act 1989 (establishment and functions of war pensions committees)."

Supply of information for certain purposes.

69. - (1) The Secretary of State may by regulations make such provision for or in connection with any of the following matters, namely-

(a) the use by a person within subsection (2) of social security information held by that person,

(b) the supply (whether to a person within subsection (2) or otherwise) of social security information held by a person within that subsection,

(d) the circumstances and extent (if any) in and to which a person to whom such information is supplied under the regulations may supply it to any other person (whether within subsection (2) or not),

as the Secretary of State considers appropriate in connection with any provision to which subsection (3) applies or in connection with any scheme or arrangements to which subsection (4) applies.

(2) The persons within this subsection are-

(a) a Minister of the Crown;

(b) a person providing services to, or designated for the purposes of this section by an order of, a Minister of the Crown;

(d) a person providing services to, or authorised to exercise any function of, any such authority.

(3) This subsection applies to any provision made by or under-

(a) any of the sections of the Administration Act inserted by section 57, 58 or 68 of this Act,

(b) section 60 of this Act, or

(4) This subsection applies to-

(a) any scheme designated by regulations under subsection (1), being a scheme operated by the Secretary of State (whether under arrangements with any other person or not) for any purposes connected with employment or training in the case of persons of a particular category or description;

(b) any arrangements of a description specified in such regulations, being arrangements made by the Secretary of State for any such purposes.

(5) Regulations under subsection (1) may, in particular, authorise information supplied to a person under the regulations-

(a) to be used for the purpose of amending or supplementing other information held by that person; and

(b) if it is so used, to be supplied to any other person, and used for any purpose, to whom or for which that other information could be supplied or used.

(6) In this section-

"relevant purposes" means purposes connected with-

(a) social security, child support or war pensions, or

(b) employment or training;

"social security information" means information relating to social security, child support or war pensions;

and in this subsection "war pensions" means war pensions within the meaning of section 25 of the Social Security Act 1989 (establishment and functions of war pensions committees).

(7) Any reference in this section to purposes connected with employment or training includes purposes connected with the existing or future employment or training prospects or needs of persons, and (in particular) assisting or encouraging persons to enhance their employment prospects.

Prepared 15 October 1999