Welfare Reform Bill

House of Lords

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Schedule 7 — Minor and consequential amendments relating to Part 4
83

      (6)
In that section, in subsection (3) (provision which may be contained in
regulations made by the Secretary of State)—
(a)
after paragraph (b) insert “and”;
(b)
paragraph (d) (power to confer functions on appeal tribunals) ceases
to have effect.
5
      (7)
In that section, at the end insert—
“(4)
Any power of the Department for Social Development in Northern
Ireland to make regulations under this Act—
(a)
shall be exercisable by statutory rule for the purposes of the
Statutory Rules (Northern Ireland) Order 1979 which shall be
10
subject to negative resolution within the meaning of section
41(6) of the Interpretation Act (Northern Ireland) 1954; and
(b)
includes power to make such incidental or supplementary
provision as appears to the Department to be appropriate.”
      (8)
After section 9 insert—
15
“9A
Interpretation: “appeal tribunal”

In this Act, references to an appeal tribunal, without more, are to a
tribunal constituted under—
(a)
Chapter 1 of Part 1 of the Social Security Act 1998; or
(b)
Chapter 1 of Part 2 of the Social Security (Northern Ireland)
20
Order 1998.”
      (9)
In section 12(3)(b) (duty of Secretary of State to pay travelling and other
allowances to persons required to attend before tribunals under section 4)—
(a)
after “required” insert “under section 4”, and
(b)
for “under section 4 above” substitute “constituted under Chapter 1
25
of Part 1 of the Social Security Act 1998”.
Social Security Contributions and Benefits Act 1992 (c. 4)
2     (1)
The Contributions and Benefits Act is amended as follows.
      (2)
In section 73 (mobility component of disability living allowance), in
subsection (9)(a), after “subsection (1)” insert “(a) to (d)”.
30
      (3)
In section 140 (social fund payments: principles of determination), for
subsection (3) substitute—
“(3)
Without prejudice to the generality of subsection (2), the Secretary of
State may issue directions under that subsection for the purpose of
securing that allocations under section 168 of the Administration Act
35
are not exceeded.”
Social Security Administration Act 1992 (c. 5)
3     (1)
The Administration Act is amended as follows.
      (2)
In section 2AA(2) (benefits to which section applies), for paragraph (e)
substitute—
40
“(e)
carer’s allowance.”

Welfare Reform Bill
Schedule 7 — Minor and consequential amendments relating to Part 4
84

      (3)
In section 123 (unauthorised disclosure of information relating to particular
persons), in subsection (6A), for “medical practitioner” substitute “health
care professional”.
      (4)
In section 168 (allocations from social fund), in subsection (5) (power to give
directions with respect to the control and management of social fund
5
allocations to particular officers or groups of officers), for “the amounts
allocated to them” substitute “any amounts allocated to them”.
      (5)
In subsection (6) of that section (definition of “appropriate officer”), for
“payments from the social fund such as are mentioned in section 138(1)(b) of
the Contributions and Benefits Act” substitute “section 138(1)(b) payments”.
10
Social Security Act 1998 (c. 14)
4
In section 38(7) of the Social Security Act 1998 (principles applicable on
review of social fund determination), at the end of paragraph (a)(i) insert
“and”.

Welfare Reform Bill
Schedule 8 — Repeals
85

Schedule 8
Section 66

Repeals

Short title and chapter
Extent of repeal

Vaccine Damage Payments Act
Section 3A(6).

1979 (c. 17)
In section 8(3), paragraph (d), and the word

5

“and” immediately preceding it.

Pneumoconiosis etc. (Workers’
Section 3(5).

Compensation) Act 1979

(c. 41)

Income and Corporation Taxes
In section 347B(12)(b), the word “or” at the end

10

Act 1988 (c. 1)
of sub-paragraph (i).

Criminal Justice Act 1991 (c. 53)
In section 24(4), in the definition of “income

support”, the words “incapacity benefit”.

Social Security Contributions
In section 6A(3), the word “and” at the end of

and Benefits Act 1992 (c. 4)
paragraph (c).

15

Section 20(1)(b).

In section 20(2)—

(a)
in the definition of “long-term benefit”,

paragraph (a);

(b)
in the definition of “short-term benefit”,

20

paragraph (b).

In section 21(1)—

(a)
the words from “short-term incapacity

benefit” to “subsection (5) of that

section,”;

25

(b)
the words “or short-term or long-term

incapacity benefit under section 40 or 41

below”.

In section 21(2), in the table—

(a)
the heading “Short-term benefit”;

30

(b)
the entry relating to short-term

incapacity benefit;

(c)
the heading “Other benefits”.

In section 21(4), the words “short-term benefit

or”.

35

In section 21(5A)(c), the words “2(4)(a) and

(5)(a)”.

Sections 30A to 30E.

In section 37(2), the words from “one of the

conditions” to “person and”.

40

In section 39A(3), the words from “one of the

conditions” to “person and”.

Sections 40 to 42.

In section 44(4), the words from “except that” to

the end.

45

Section 47.

In section 61—

(a)
in subsection (1), the words “under

section 47(1) above or”;

(b)
subsection (2).

50

Welfare Reform Bill
Schedule 8 — Repeals
86

Short title and chapter
Extent of repeal

Social Security Contributions
In section 61A(3), paragraph (d), and the word

and Benefits Act 1992 (c. 4)—
“and” immediately preceding it.

cont.
Section 72(6).

In section 73(5), the words “Subject to

5

subsection (4) above,”.

Section 84.

Section 86A.

Section 87.

In section 89(1) and (1A), the words “, and in

10

regulations under section 86A above,”.

Section 93.

In section 124(1), the word “and” at the end of

paragraph (f).

Section 130(4).

15

In section 140(1A), the words following

paragraph (b).

Section 150(1)(b).

Sections 171A to 171G.

Section 171ZP(1) to (3).

20

In section 176(1)(a), the words “section

30DD(5)(b) or (c);”.

In Schedule 3, paragraphs 2 and 5(6).

In Schedule 4—

(a)
in Part 1, paragraphs 2 and 2A;

25

(b)
in Part 4, paragraphs 1A and 2.

In Schedule 11, paragraph 2(d)(i).

In Schedule 12, paragraphs 1, 3, 4, 5 and 6.

In Schedule 13, paragraphs 1 and 2.

Social Security Administration
Section 2A(2)(e) and (f).

30

Act 1992 (c. 5)
In section 2AA(2), paragraph (c) and the word

“and” at the end of paragraph (d).

Section 5(3).

Section 71(5).

In section 71ZA(2)—

35

(a)
in paragraph (a), the words “paragraph

(a) of subsection (5) and”;

(b)
paragraph (b).

In section 73(4), the word “or” at the end of

paragraph (a).

40

Section 130(1)(a) and (c).

Section 132(1)(b) and (c).

In section 134(8)(a), the words “or surviving

civil partner’s”.

In section 150, subsection (1)(aa) and, in

45

subsection (3)(b), “(aa)”.

In section 168(3)(d), the words from “to the

same officer” to the end.

Social Security Administration
Section 69(5).

(Northern Ireland) Act 1992

50

(c. 8)

Welfare Reform Bill
Schedule 8 — Repeals
87

Short title and chapter
Extent of repeal

Disability (Grants) Act
In section 1—

1993 (c. 14)
(a)
in subsection (1), paragraphs (a) and (b)

and the word “and” immediately

preceding paragraph (c);

5

(b)
in subsection (4)(a), the words from “the

reference in subsection (1)(a)” to first

“and”.

Pension Schemes Act 1993
Section 46(3).

(c. 48)
In Schedule 8, paragraph 39.

10

Social Security (Incapacity for
Sections 1, 2(1) to (3), (5) and (6), 3, 5 to 7 and 13.

Work) Act 1994 (c. 18)
In Schedule 1, paragraphs 2, 3(3), 8 to 10, 13,

24(2) and (4), 28, 33, 38(2) and (3), 44 and 55.

Local Government etc.
In Schedule 13, paragraph 174(4).

(Scotland) Act 1994 (c. 39)

15

Jobseekers Act 1995 (c. 18)
In Schedule 2, paragraphs 19(2), (3) and (5), 25,

26, 40(2) and 53(2).

Pensions Act 1995 (c. 26)
In Schedule 4, paragraphs 18(b) and 21(3) and

(4).

Housing Act 1996 (c. 52)
In section 122—

20

(a)
subsection (3);

(b)
in subsection (5)(b), the words “or

regulations”.

In Schedule 13, paragraph 3(2).

Social Security Act 1998 (c. 14)
In section 2(2), the word “or” at the end of

25

paragraph (h).

In section 28(3), the word “or” at the end of

paragraph (e).

Section 31(1).

In section 38(7)(a), sub-paragraph (iii), and the

30

word “and” immediately preceding it.

Section 77.

In Schedule 2, in paragraph 6(b), the word “or”

at the end of paragraph (ii).

In Schedule 3, in paragraph 3, the word “or” at

35

the end of paragraph (e).

In Schedule 7, paragraphs 73(3), 81(2) and

103(1).

Welfare Reform and Pensions
Sections 61 to 64.

Act 1999 (c. 30)
In section 72(3), the word “or” at the end of

40

paragraph (b).

In Schedule 8, paragraphs 20 to 25.

Local Government Act 2000
Sections 94 and 95.

(c. 22)

State Pension Credit Act 2002
In Schedule 2, paragraphs 9(5)(b)(ii), 16(3),

45

(c. 16)
18(3), 24(2) and 37(a).

National Insurance
In Schedule 1, paragraph 14(2).

Contributions Act 2002 (c. 19)

Tax Credits Act 2002 (c. 21)
In Schedule 3, paragraphs 25, 26, 28 and 30.

Welfare Reform Bill
Schedule 8 — Repeals
88

Short title and chapter
Extent of repeal

Income Tax (Earnings and
In section 658(4), the words “incapacity benefit”.

Pensions) Act 2003 (c. 1)
In section 660(1), in Table A, the entry relating

to incapacity benefit.

In section 661(1), the words “incapacity

5

benefit,”.

Sections 663 and 664.

In Schedule 6, paragraph 187.

Civil Partnership Act 2004
In Schedule 24, paragraphs 14, 15 and 65.

(c. 33)

10

1
The repeal of section 69(5) of the Social Security Administration (Northern
Ireland) Act 1992 (c. 8) has effect only in relation to child benefit and
guardian’s allowance.