Welfare Reform Bill

House of Lords

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Schedule 4 — Transition relating to Part 1
76

(d)
an award in pursuance of the further claim would have been made
on the basis of the linking of periods of incapacity for work.
      (2)
Regulations may make provision for the purpose of securing that an award
of an employment and support allowance that falls to be made on matching
terms is made on terms which match in whole or part the award that would
5
have resulted from conversion under paragraph 7 had entitlement to the
existing benefit continued.
Treatment of awards of existing benefit
7     (1)
Regulations may—
(a)
make provision for converting existing awards into awards of an
10
employment and support allowance, and with respect to the terms of
conversion;
(b)
make provision for the termination of existing awards in prescribed
circumstances.
      (2)
Regulations under sub-paragraph (1)(a) may, in particular—
15
(a)
make provision for conversion of an existing award—
(i)
on application, in accordance with the regulations, by the
person entitled to the award, or
(ii)
without application;
(b)
make provision about the conditions to be satisfied in relation to an
20
application for conversion;
(c)
make provision about the timing of conversion;
(d)
provide for an existing award to have effect after conversion as an
award of an employment and support allowance—
(i)
of such a kind,
25
(ii)
for such period,
(iii)
of such an amount, and
(iv)
subject to such conditions,

as the regulations may provide;
(e)
make provision for determining in connection with conversion of an
30
existing award whether a person has limited capability for work-
related activity.
      (3)
Regulations under sub-paragraph (1)(a) may, in relation to existing awards
which have been the subject of conversion under this paragraph, include
provision about revision under section 9 of the Social Security Act 1998
35
(c. 14), or supersession under section 10 of that Act in respect of the period
before conversion.
      (4)
In this paragraph, “existing award” means—
(a)
an award of incapacity benefit under section 30A, 40 or 41 of the
Contributions and Benefits Act;
40
(b)
an award of long-term incapacity benefit under regulation 11(4) of
the Social Security (Incapacity Benefit) (Transitional) Regulations
1995 (S.I. 1995/310) (former sickness benefit);
(c)
an award which has effect by virtue of regulation 17(1) of those
regulations as if it were an award of long-term incapacity benefit
45
(former invalidity benefit);

Welfare Reform Bill
Schedule 4 — Transition relating to Part 1
77

(d)
an award of severe disablement allowance under section 68 of that
Act;
(e)
an award of income support under section 124 of that Act by virtue
of—
(i)
paragraph 7(a) or (b), 8, 10, 12 or 13 of Schedule 1B to the
5
Income Support (General) Regulations 1987 (S.I. 1987/1967)
(income support on grounds of incapacity for work or
disability), or
(ii)
regulation 13(2)(b) or (bb) of, and paragraph 15 of Schedule
1B to, those regulations (income support for disabled persons
10
in education).
Transitional allowances
8     (1)
Regulations may—
(a)
make provision for a person’s continuing entitlement to an
employment and support allowance awarded by virtue of
15
regulations under paragraph 7 (a “transitional allowance”) to be
determined by reference to such provision as may be made by the
regulations;
(b)
make provision for the review of an award of a transitional
allowance;
20
(c)
make provision for the termination of an award of a transitional
allowance;
(d)
make provision for this Part, or any other enactment relating to social
security, to have effect with prescribed modifications in relation to a
person with a transitional allowance;
25
(e)
make provision for the purpose of enabling a transitional allowance
to be revised under section 9 of the Social Security Act 1998 (c. 14) or
superseded under section 10 of that Act.
      (2)
In this paragraph “enactment” includes an enactment contained in
subordinate legislation (within the meaning of the Interpretation Act 1978
30
(c. 30)).
9     (1)
Regulations may prescribe circumstances in which a person who is entitled
to a transitional allowance immediately before reaching pensionable age is
to be treated as having satisfied the condition in paragraph 5(2) of Schedule
3 to the Contributions and Benefits Act (first contribution condition for
35
entitlement to state pension).
      (2)
In this paragraph, “pensionable age” has the meaning given by the rules in
paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26).
Post-commencement up-rating of incapacity benefit and severe disablement allowance
10
Regulations may provide for section 150 of the Administration Act (annual
40
up-rating of benefits), so far as relating to—
(a)
incapacity benefit under section 30A of the Contributions and
Benefits Act, or
(b)
severe disablement allowance under section 68 of that Act,

to have effect with prescribed modifications in relation to tax years
45
beginning on or after the appointed day.

Welfare Reform Bill
Schedule 5 — Minor and consequential amendments relating to Part 2
78

Interpretation
11
In this Schedule—
“appointed day” means the day appointed for the coming into force of
section 1;
“existing benefit” means—
5
(a)
incapacity benefit under section 30A, 40 or 41 of the
Contributions and Benefits Act,
(b)
severe disablement allowance under section 68 of that Act,
and
(c)
income support under section 124 of that Act by virtue of—
10
(i)
paragraph 7(a) or (b), 8, 10, 12 or 13 of Schedule 1B to
the Income Support (General) Regulations 1987 (S.I.
1987/1967), or
(ii)
regulation 13(2)(b) or (bb) of, and paragraph 15 of
Schedule 1B to, those regulations;
15
“transitional allowance” has the meaning given by paragraph 8(a).
Schedule 5
Section 39

Minor and consequential amendments relating to Part 2
Social Security Contributions and Benefits Act 1992 (c. 4)
1     (1)
The Contributions and Benefits Act is amended as follows.
20
      (2)
In section 123(4) (income-related benefits), for the words before paragraph
(a) substitute “Each billing authority and in Scotland each local authority”.
      (3)
In section 130(2) (housing benefit: qualifying payments), for paragraph (a)
substitute—
“(a)
payments to a billing authority or to a local authority in
25
Scotland in respect of council tax;”.
      (4)
In section 137(1) (interpretation of Part 7), after the definition of “industrial
injuries scheme” insert—
““local authority” in relation to Scotland means a council
constituted under section 2 of the Local Government etc.
30
(Scotland) Act 1994;”.
Social Security Administration Act 1992 (c. 5)
2
The Administration Act is amended as follows.
3
In section 134 (arrangements for housing benefit)—
(a)
in subsection (8)(a) before “war” in each place insert “prescribed”;
35
(b)
in that subsection omit “or surviving civil partner’s”;
(c)
after subsection (13) insert—
“(14)
In this section “war widow’s pension” includes any
corresponding pension payable to a widower or surviving
civil partner.”
40

Welfare Reform Bill
Schedule 5 — Minor and consequential amendments relating to Part 2
79

4
In section 139 (arrangements for council tax benefit)—
(a)
in subsection (6)(a) before “war” in each place insert “prescribed”;
(b)
in subsection (11) omit the definition of “war disablement pension”
and for the definition of “war widow’s pension” substitute—
““war widow’s pension” includes any corresponding
5
pension payable to a widower or surviving civil
partner.”
5
In section 139E (information about attainment of standards), in subsection
(1)—
(a)
for “section 139D(3)” substitute “section 139D(3A) or (3B)”;
10
(b)
after paragraph (a) insert—
“(aa)
whether the authority has taken the action which it
has been directed to take;”;
(c)
in paragraph (b) after “those standards” insert “or take that action”.
6     (1)
Section 139F (enforcement notices) is amended as follows.
15
      (2)
In subsection (1)—
(a)
for “section 139D(3)” substitute “section 139D(3A) or (3B)”;
(b)
after paragraph (a) insert—
“(aa)
is not satisfied that the authority has taken the action
which it has been directed to take;”;
20
(c)
in paragraph (b) after “those standards” insert “or take that action”.
      (3)
In subsection (2)(a), after “paragraph (a)” insert “, (aa)”.
      (4)
In subsection (4), at the beginning insert “If the notice identifies directions
under section 139D(3A),”.
      (5)
After subsection (4) insert—
25
“(4A)
If the notice identifies directions under section 139D(3B), the
authority’s response shall either—
(a)
state that the authority has taken the action, or is likely to take
it within the time specified in the directions, and justify that
statement; or
30
(b)
state that the authority has not taken the action, or is not
likely to take it within that time, and (if the authority wishes)
give reasons why a determination under section 139G below
should not be made or should not include any particular
provision.”
35
7     (1)
Section 139G (enforcement determinations) is amended as follows.
      (2)
In subsection (1)—
(a)
in paragraph (a) after “the standards” insert “or taken the action”;
(b)
in paragraph (b) after “those standards” insert “or take that action”.
      (3)
In subsections (3) and (5)(c), after “the standards” insert “or the taking of the
40
action”.
8     (1)
In section 140A(2)(c) (subsidies to certain authorities), for “or levying
authority” substitute “and to each local authority in Scotland”.
      (2)
Sub-paragraph (1) must be taken to have had effect from 1 April 1997 (the
date of the coming into force of section 140A of that Act).
45

Welfare Reform Bill
Schedule 6 — Schedule to be inserted in the Pneumoconiosis etc. (Workers’ Compensation) Act 1979
80

9
In section 140B(5A) (calculation of amount of subsidy), for “section 139D(3)”
substitute “section 139D(3A) or (3B)”.
10
In section 191 (interpretation), in the definition of “prescribe” at the end
insert “and “prescribed” must be construed accordingly”.
Local Government etc. (Scotland) Act 1994 (c. 39)
5
11
In Schedule 13 to the Local Government etc. (Scotland) Act 1994 (minor and
consequential amendments)—
(a)
paragraph 174(4) is omitted;
(b)
paragraph 175(3) extends also to England and Wales and,
accordingly, the amendments made by that sub-paragraph extend
10
also to England and Wales.
Housing Act 1996 (c. 52)
12
In section 122(5) of the Housing Act 1996 for “regulations or order as are
mentioned in subsection (3) or (4)” substitute “order as is mentioned in
subsection (4)”.
15
Child Support, Pensions and Social Security Act 2000 (c. 19)
13
In Schedule 7 to the Child Support, Pensions and Social Security Act 2000
(housing benefit and council tax benefit: revisions and appeals), in
paragraph 1(2), after paragraph (b) insert—
“(c)
a decision of a relevant authority under or by virtue of
20
section 75 or 76 of the Administration Act that an amount
of housing benefit or council tax benefit is recoverable;”.
Civil Partnership Act 2004 (c. 33)
14
In Schedule 24 to the Civil Partnership Act 2004 (amendments relating to
social security, child support and tax credits), omit paragraph 65.
25
Schedule 6
Section 57

Schedule to be inserted in the Pneumoconiosis etc. (Workers’ Compensation)
Act 1979
“THE SCHEDULE
Section 2(3)

Definition of “relevant employer”
30
Basic definition
1
Subject to the following provisions, “relevant employer”, in
relation to a person disabled by a disease to which this Act applies,
means any person—

Welfare Reform Bill
Schedule 6 — Schedule to be inserted in the Pneumoconiosis etc. (Workers’ Compensation) Act 1979
81

(a)
by whom the disabled person was employed in a
prescribed occupation at any time during the period
during which he was developing the disease, and
(b)
against whom he might have or might have had a claim for
damages in respect of the disablement.
5
Disregarded employers
2
A person is not a relevant employer in relation to a person
disabled by a disease to which this Act applies if the disabled
person has had no period of employment with him which is a
qualifying period of employment.
10
3
A person is not a relevant employer in relation to a person
disabled by a disease to which this Act applies if the disabled
person’s qualifying period of employment with him did not
exceed 12 months.
4
A person is not a relevant employer in relation to a person
15
disabled by a disease to which this Act applies if the disabled
person’s qualifying period of employment with him—
(a)
did not exceed 5 years, and
(b)
represents not more than 25% of the time during which the
disabled person was employed in a prescribed occupation.
20
5
A person is not a relevant employer in relation to a person
disabled by a disease to which this Act applies if the disabled
person’s qualifying period of employment with him—
(a)
did not exceed 7 years, and
(b)
represents not more than 20% of the time during which the
25
disabled person was employed in a prescribed occupation.
6
In paragraphs 3 to 5, references to the disabled person’s qualifying
period of employment with his employer, where there has been
more than one such period, are to the aggregate of those periods.
“Qualifying period of employment”
30
7     (1)
In this Schedule, “qualifying period of employment”, in relation to
a person disabled by a disease to which this Act applies, means
any period of employment in a prescribed occupation, except
for—
(a)
a period of employment which ended more than 20 years
35
before the qualifying date, and
(b)
in the case of a claim relating to diffuse mesothelioma, a
period of employment which began not more than 15 years
before the qualifying date.
      (2)
In sub-paragraph (1), “qualifying date” means—
40
(a)
the date on which the Secretary of State determines a claim
for disablement benefit made by or on behalf of the
disabled person in respect of the disease, or
(b)
if the disabled person has died without a claim for
disablement benefit in respect of the disease having been
45
determined, the date on which he died.

Welfare Reform Bill
Schedule 7 — Minor and consequential amendments relating to Part 4
82

“Prescribed occupation”
8     (1)
In this Schedule, “prescribed occupation”, in relation to a person
disabled by a disease to which this Act applies, means an
occupation prescribed in relation to the disease by the Secretary of
State by order made by statutory instrument.
5
      (2)
A statutory instrument that—
(a)
contains an order under sub-paragraph (1), and
(b)
is not subject to any requirement that a draft of the
instrument be laid before, and approved by a resolution of,
each House of Parliament,
10

shall be subject to annulment in pursuance of a resolution of either
House of Parliament.
Power to amend Schedule
9
Regulations made by the Secretary of State may—
(a)
amend this Schedule for the purpose of adding to the cases
15
in which a person is not a relevant employer in relation to
a person disabled by a disease to which this Act applies;
(b)
amend or repeal any provision of this Schedule relating to
such cases.”
Schedule 7
20
Section 62

Minor and consequential amendments relating to Part 4
Vaccine Damage Payments Act 1979 (c. 17)
1     (1)
The Vaccine Damage Payments Act 1979 is amended as follows.
      (2)
In section 4(2) (power to make regulations about appeals), at the beginning
insert “In relation to appeals under subsection (1) to an appeal tribunal
25
constituted under Chapter 1 of Part 1 of the Social Security Act 1998,”.
      (3)
In section 4(3) (provision which may be made under the preceding
subsection), for “The regulations” substitute “Regulations under subsection
(2)”.
      (4)
In section 7A (correction of errors and setting aside of decisions)—
30
(a)
in subsection (1)(a) (decisions with respect to which regulations
made by the Secretary of State may make provision), after “Act”
insert “, other than a decision of an appeal tribunal constituted under
Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order
1998”;
35
(b)
in subsection (2) (nothing in subsection (1) to affect other powers),
after “subsection (1)” insert “or (1A)”.
      (5)
In section 8 (regulations), in subsection (1) (references in the Act to
regulations are to regulations made by the Secretary of State), after
“provisions of this Act” insert “, except sections 4(3A) and (3B) and 7A(1A),”.
40