Welfare Reform Bill

House of Lords

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Part 4 — Miscellaneous
43

(4)
After subsection (3) insert—
“(3A)
Without prejudice to the generality of subsection (3)(a), descriptions of
section 138(1)(b) payments may, in particular, be framed by reference
to—
(a)
the purposes for which payments are made;
5
(b)
the persons by whom payments are made (including where
such persons are located);
(c)
the persons to whom payments are made (including where such
persons are located).”
Vaccine Damage Payments Act 1979
10
55
Overseas vaccinations
(1)
Section 2 of the Vaccine Damage Payments Act 1979 (c. 17) (conditions of
entitlement) is amended as follows.
(2)
For subsection (5) substitute—
“(5A)
The Secretary of State may by order made by statutory instrument
15
provide that, in such circumstances as may be specified in the order, the
condition in subsection (1)(a)(i) need not be fulfilled in the case of
vaccinations of persons of a description so specified which are given
under arrangements made by or on behalf of—
(a)
Her Majesty’s forces,
20
(b)
a government department so specified, or
(c)
any other body so specified.
(5B)
Orders under subsection (5A) may make different provision in relation
to different cases.”
(3)
In subsection (6), for “that subsection” substitute “this section”.
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56
Appeals to appeal tribunal in Northern Ireland
(1)
The Vaccine Damage Payments Act 1979 is amended as follows.
(2)
In section 4 (appeals to appeal tribunals), in subsection (1) (right of appeal), for
“an appeal tribunal” substitute “an appropriate appeal tribunal” and after that
subsection insert—
30
“(1A)
In subsection (1) the reference to an appropriate appeal tribunal is—
(a)
if the claimant’s address is in Northern Ireland, to an appeal
tribunal constituted under Chapter 1 of Part 2 of the Social
Security (Northern Ireland) Order 1998;
(b)
if it is not, to an appeal tribunal constituted under Chapter 1 of
35
Part 1 of the Social Security Act 1998.”
(3)
In that section, after subsection (3) insert—
“(3A)
In relation to appeals under subsection (1) to an appeal tribunal
constituted under Chapter 1 of Part 2 of the Social Security (Northern
Ireland) Order 1998, the Department for Social Development in
40
Northern Ireland may by regulations—

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Part 4 — Miscellaneous
44

(a)
make provision as to the manner in which, and the time within
which, appeals are to be brought;
(b)
make such provision with respect to proceedings before appeal
tribunals as the Department considers appropriate.
(3B)
Regulations under subsection (3A) may in particular make any
5
provision of a kind mentioned in Schedule 4 to the Social Security
(Northern Ireland) Order 1998.”
(4)
In section 7A (correction of errors and setting aside of decisions), after
subsection (1) insert—
“(1A)
The Department for Social Development in Northern Ireland may by
10
regulations make provision with respect to—
(a)
the correction of accidental errors in any decision or record of a
decision under section 4 of this Act of an appeal tribunal
constituted under Chapter 1 of Part 2 of the Social Security
(Northern Ireland) Order 1998; and
15
(b)
the setting aside of any such decision in a case where it appears
just to set the decision aside on the ground that—
(i)
a document relating to the proceedings in which the
decision was given was not sent to, or was not received
at an appropriate time by, a party to the proceedings or
20
a party’s representative or was not received at an
appropriate time by the appeal tribunal which gave the
decision; or
(ii)
a party to the proceedings or a party’s representative
was not present at a hearing related to the proceedings.”
25
(5)
In section 12 (financial provisions), after subsection (3) insert—
“(3A)
The Department for Social Development in Northern Ireland shall pay
such travelling and other allowances as the Department may
determine—
(a)
to persons required under section 4 to attend before tribunals
30
constituted under Chapter 1 of Part 2 of the Social Security
(Northern Ireland) Order 1998; and
(b)
in circumstances where the Department considers it
appropriate, to any person who accompanies a disabled person
to such a tribunal.”
35
Compensation for pneumoconiosis etc.
57
“Relevant employer”
(1)
The Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (c. 41) is amended
as follows.
(2)
In section 2 (conditions of entitlement), in subsection (3), for the definition of
40
“relevant employer” substitute—
““relevant employer” has the meaning given in the Schedule to
this Act.”
(3)
Insert the Schedule (definition of “relevant employer”) set out in Schedule 6.

Welfare Reform Bill
Part 4 — Miscellaneous
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(4)
In section 7(3) (regulations subject to affirmative resolution), after “section 1
above” insert “or paragraph 9 of the Schedule to this Act”.
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“Dependant”
(1)
In section 3 of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979
(c. 41) (dependants), in subsection (1) (definition of “dependant”)—
5
(a)
in paragraph (a), after “spouse”, in each place, insert “or civil partner”;
and
(b)
for paragraph (c) substitute—
“(c)
if neither of the preceding paragraphs applies but he left
a person who was residing with him and with whom he
10
was in a qualifying relationship, that person;”.
(2)
After subsection (2) of that section insert—
“(2A)
For the purposes of subsection (1)(c)—
(a)
two persons of the opposite sex are in a qualifying relationship
if they are living together as husband and wife;
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(b)
two persons of the same sex are in a qualifying relationship if
they are living together as if they were civil partners.
(2B)
For the purposes of subsection (2A)(b), two persons of the same sex are
to be regarded as living together as if they were civil partners if, but
only if, they would be regarded as living together as husband and wife
20
were they instead two people of the opposite sex.”
(3)
Subsection (5) of that section (application of subsection (1) to Scotland:
substitution of paragraph (c)) ceases to have effect.
(4)
In Schedule 21 to the Civil Partnership Act 2004 (c. 33) (existing provisions to
which the provisions of section 246 about interpretation of references to
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stepchildren apply), after paragraph 11 insert—
“11A
Section 3(4) of the Pneumoconiosis etc. (Workers’ Compensation)
Act 1979 (“child” and “relative”: establishment of relationship).”
Other
59
Power to stop payment of allowances to care home residents
30
(1)
In section 67 of the Contributions and Benefits Act (exclusions relating to
attendance allowance) for subsection (2) substitute—
“(2)
Regulations may provide that an attendance allowance shall not be
payable in respect of a person for a period when he is a resident of a
care home in circumstances in which any of the costs of any qualifying
35
services provided for him are borne out of public or local funds under
a specified enactment.
(3)
The reference in subsection (2) to a care home is to an establishment that
provides accommodation together with nursing or personal care.
(4)
The following are qualifying services for the purposes of subsection
40
(2)—
(a)
accommodation,

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Part 4 — Miscellaneous
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(b)
board, and
(c)
personal care.
(5)
The reference in subsection (2) to a specified enactment is to an
enactment which is, or is of a description, specified for the purposes of
that subsection by regulations.
5
(6)
The power to specify an enactment for the purposes of subsection (2)
includes power to specify it only in relation to its application for a
particular purpose.
(7)
In this section, “enactment” includes an enactment comprised in, or in
an instrument made under, an Act of the Scottish Parliament.”
10
(2)
In section 72 of that Act (care component of disability living allowance), for
subsection (8) substitute—
“(8)
Regulations may provide that no amount in respect of a disability
living allowance which is attributable to entitlement to the care
component shall be payable in respect of a person for a period when he
15
is a resident of a care home in circumstances in which any of the costs
of any qualifying services provided for him are borne out of public or
local funds under a specified enactment.
(9)
The reference in subsection (8) to a care home is to an establishment that
provides accommodation together with nursing or personal care.
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(10)
The following are qualifying services for the purposes of subsection
(8)—
(a)
accommodation,
(b)
board, and
(c)
personal care.
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(11)
The reference in subsection (8) to a specified enactment is to an
enactment which is, or is of a description, specified for the purposes of
that subsection by regulations.
(12)
The power to specify an enactment for the purposes of subsection (8)
includes power to specify it only in relation to its application for a
30
particular purpose.
(13)
In this section, “enactment” includes an enactment comprised in, or in
an instrument made under, an Act of the Scottish Parliament.”
60
Independent Living Funds
(1)
In section 1(1) of the Disability (Grants) Act 1993 (c. 14) (which lists the
35
organisations to which grants may be made by the Secretary of State)—
(a)
paragraphs (a) and (b) (Independent Living (Extension) Fund and
Independent Living (1993) Fund) cease to have effect;
(b)
after paragraph (c) insert “, and
(d)
the Independent Living Fund (2006) established by a
40
deed dated 10th April 2006 and made between the
Secretary of State for Work and Pensions of the one part
and Margaret Rosemary Cooper, Michael Beresford
Boyall and Marie Theresa Martin of the other part.”

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(2)
In section 1(4) of that Act (modifications for Northern Ireland), in paragraph (a)
(which substitutes for the Secretary of State the relevant Northern Ireland
department), after “(other than the reference in subsection (1)(a) to the
Secretary of State for Social Security” insert “and the reference in subsection
(1)(d) to the Secretary of State for Work and Pensions”.
5
(3)
The Secretary of State may by order made by statutory instrument amend or
revoke any enactment contained in subordinate legislation (within the
meaning of the Interpretation Act 1978 (c. 30)) if he considers it appropriate to
do so in consequence of the amendments made by this section.
(4)
A statutory instrument containing an order under subsection (3) shall be
10
subject to annulment in pursuance of a resolution of either House of
Parliament.
(5)
The Department for Social Development in Northern Ireland may by order
made by statutory rule for the purposes of the Statutory Rules (Northern
Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) amend or revoke any enactment
15
contained in an instrument within the meaning of section 1(c) of the
Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) if it considers it
appropriate to do so in consequence of the amendments made by this section.
(6)
A statutory rule containing an order under subsection (5) shall be subject to
negative resolution within the meaning of section 41(6) of the Interpretation
20
Act (Northern Ireland) 1954 (c. 33 (N.I.)).
61
Medical examinations
(1)
The Social Security Act 1998 (c. 14) is amended as follows.
(2)
In section 19 (medical examination required by Secretary of State), in
subsections (1) and (2)(b), for “medical practitioner” substitute “health care
25
professional approved by the Secretary of State”.
(3)
In section 20 (medical examination required by appeal tribunal), in subsection
(2), for “medical practitioner” substitute “health care professional approved by
the Secretary of State”.
(4)
In that section, after subsection (2), insert—
30
“(2A)
The power under subsection (2) to refer a person to a health care
professional approved by the Secretary of State includes power to
specify the description of health care professional to whom the person
is to be referred.”
(5)
In section 39 (interpretation), in subsection (1), after the definition of
35
“Commissioner” insert—
““health care professional” means a member of a profession (whether or
not regulated by, or by virtue of, any enactment) which is concerned
(wholly or partly) with the physical or mental health of individuals;”.
62
Minor and consequential amendments relating to Part 4
40
Schedule 7 (which makes miscellaneous minor amendments and amendments
consequential on this Part) has effect.

Welfare Reform Bill
Part 5 — General
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Part 5
General
63
Northern Ireland
(1)
This section applies to an Order in Council under paragraph 1(1) of the
Schedule to the Northern Ireland Act 2000 (c. 1) (legislation for Northern
5
Ireland during suspension of devolved government) which contains a
statement that it is made only for purposes corresponding to those of this Act.
(2)
Such an Order—
(a)
is not subject to paragraph 2 of that Schedule (affirmative resolution of
both Houses of Parliament), but
10
(b)
is subject to annulment in pursuance of a resolution of either House of
Parliament.
64
General interpretation
In this Act—
“Administration Act” means the Social Security Administration Act 1992
15
(c. 5);
“Contributions and Benefits Act” means the Social Security Contributions
and Benefits Act 1992 (c. 4).
65
Financial provisions: general
(1)
There shall be paid out of money provided by Parliament—
20
(a)
any expenditure incurred by the Secretary of State in consequence of
Parts 2 to 4 of this Act, and
(b)
any increase attributable to this Act in the sums payable out of money
so provided under any other enactment.
(2)
There shall be paid into the Consolidated Fund any increase attributable to this
25
Act in the sums payable into that Fund under any other enactment.
66
Repeals
The enactments specified in Schedule 8 are hereby repealed to the extent
specified.
67
Transition
30
(1)
The Secretary of State may by order made by statutory instrument make in
connection with the coming into force of any provision of this Act, except Part
1, such transitional provision or savings as he considers necessary or
expedient.
(2)
The power under subsection (1) includes power to make—
35
(a)
different provision for different cases or areas;
(b)
incidental, supplementary and consequential provision.