| Clause | Subject
| Procedure |
| Part 1 |
| 2(1)(a) | Prescription of the personal rate of contributory allowance
| Negative |
| 2(1)(c) | Prescribing deductions to be made from contributory allowance
| Negative |
| 2(2)(c) | Support component in contributory allowance - other conditions
| Negative |
| 2(3)(c) | Work-related activity component in contributory allowance - other conditions
| Negative |
| 2(4)(a) | Prescribing the circumstances when the condition requiring an assessment phase to have ended does not apply
| Negative |
| 2(4)(b) | Backdating of either component
| Negative |
| 2(4)(c) | Amount of the work-related activity and support components in the contributory allowance
| Negative |
| 3(1)(c) | Deductions from contributory allowance - prescribed payments made in relation to membership of or appointment to prescribed bodies
| Negative |
| 3(2)(a) | Disapply deductions in respect of prescribed persons
| Negative |
| 3(2)(b) | Treat prescribed pension/ Pension Protection Fund (PPF) payments as not deductible
| Negative |
| 3(2)(c) | Treat prescribed sums as pension or PPF payments
| Negative |
| 3(2)(d) | Determine how payments are related to periods of entitlement to the contributory allowance
| Negative |
| 3(3) | Definition of "pension payment"
| Negative |
| 4(2)(a) | Amount of income-related allowance which together with the relevant component makes up the applicable amount for the income-related allowance.
| Negative |
| 4(3) | Cases where the applicable amount will be 'nil'
| Negative |
| 4(4)(c) | Other conditions for receipt of support component
| Negative |
| 4(5)(c) | Other conditions for receipt of work-related activity component
| Negative |
| 4(6)(a) | When the condition requiring an assessment phase to have ended does not apply
| Negative |
| 4(6)(b) | Backdating of either component
| Negative |
| 4(6)(c) | Amount of the work-related activity and support components in income-related allowance
| Negative |
| 5(2)(a) | Modifies claims and payments powers in the s.5(1)(d), Admin Act for the purposes of advance awards
| Negative |
| 5(2)(b) | Modifies claims and payments powers in the s.5(1)(e), Admin Act for the purposes of advance awards
| Negative |
| 5(3) | Advance awards - time at which payment relating to an advance award becomes payable
| Negative |
| 7 | Prescribing the minimum benefit payment unless prescribed circumstances apply
| Negative |
| 8(1) | Determination of whether a claimant has limited capability for work
| Negative |
| 8(5) | Prescribing the circumstances in which a person may be treated as having limited capability for work and the conditions which apply.
| Negative |
| 9(1) | Determination as to whether a claimant has limited capability for work-related activity
| Negative |
| 10(1) | Requirement to take part in a work-focused health-related assessment
| Negative |
| 10(3) | Power to prescribe amount by which benefit to be reduced in case of failure to attend work-focused health-related assessments
| Negative |
| 11(1) | Requirement to take part in work-focused interviews
| Negative |
| 11(3) | Reduce amount payable where there is failure to attend a work-focused interview and there is no good cause
| Negative |
| 11(7) | Purposes of a 'work-focused interview"
| Negative |
| 12(1) | Requirement to undertake work-related activity
| Affirmative (first regulations only)
|
| 12(3) | Reduce amount payable where there is failure to undertake work-related activity without good cause
| Affirmative (first regulations)
|
| 13(1) | Secretary of State to provide an action plan in prescribed circumstances; prescribe purposes of the action plan
| Negative |
| 13(2) | The form, content and review and update of action plans
| Negative |
| 13(4) | Reconsider action plan at person's request
| Negative |
| 14(1) | Prescribe circumstances in which a direction providing that an action if taken is to be treated as not undertaking work-related activity
| Negative |
| 15(2) | Specifying functions of the Secretary of State that can be authorised to be carried out by other persons
| Negative |
| 16(1) | Calculation or estimation of income and capital in relation to an ESA claim
| Negative |
| 16(2) | Prescription of rules for the calculation of income in respect of a week
| Negative |
| 16(3) | Prescribe the circumstances where we will treat a person as possessing capital; disregard capital or income; treat income as capital; treat capital as income
| Negative |
| 16(4) | Deem capital as yielding an income at a prescribed rate
| Negative |
| 17(1) | Disqualification from benefit
| Negative |
| 17(3) | Matters to be taken into account in determining 'good cause'; circumstances in which a person is, or is not, regarded as having good cause
| Negative |
| 17(4) | Disqualification from contributory allowance
| Negative |
| 18(1) | Provision for piloting regulations
| Affirmative |
| 19(2) | Statutory Maternity Pay (SMP) - exceptions to no entitlement to contributory allowance
| Negative |
| 19(3) | Deduction of SMP from contributory allowance
| Negative |
| 19(4) | Statutory Adoption Pay (SAP) - exceptions to no entitlement to contributory allowance
| Negative |
| 19(5) | Deduction of SAP from contributory allowance
| Negative |
| 19(6) | Additional Statutory Paternity Pay - exceptions to no entitlement to contributory allowance
| Negative |
| 19(7) | Deduction of Additional Statutory Paternity Pay from contributory allowance
| Negative |
| 20 | Deemed entitlement for other purposes
| Negative |
| 22(1) | Court to have power to make a recovery order in respect of maintenance
| Negative |
| 23(1) | Definition of "employment" and "employed"
| Negative |
| 23(1) | Definition of "period of limited capability for work"
| Negative |
| 23(1) | Definition of "week"
| Negative |
| 23(2) | The end of the assessment phase
| Negative |
| 23(3) | Prescribe different start date for the assessment phase and circumstances in which this applies
| Negative |
| 27(2) | Regulations may make provision consequential to Part 1
| Negative |
| Part 2 |
| 29(2) | New s.130A(2) of the SSCBA - determine appropriate maximum Housing Benefit, including use of and application for rent officer determinations and treating a person as liable for the purpose of determining AMHB.
| Negative |
| 29(3) | New sub-paragraph (4A) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 - the cases and circumstances in which, and the procedure by which, the appropriate relevant authority must make a Housing Benefit decision.
| Negative |
| 30(1) | s.130B(4) of the SSCBA - prescribe: part of restriction period; reduction of benefit; benefit only payable in prescribed circumstances
| Affirmative |
| 30(1) | s.130B(11) of the SSCBA - form of the warning notice
| Negative |
| 30(1) | s.130D(1) of the SSCBA - where restricted Housing Benefit has been paid: circumstances where person to be paid some or all of the amount not paid; other prescribed adjustments
| Negative |
| 30(1) | s.130D(2) of the SSCBA - Secretary of State may vary the definition of relevant order for possession
| Affirmative |
| 30(1) | s.130D(3) of the SSCBA - matters to be taken into account in considering good cause and circumstances in which person is or is not to be regarded as having or not having good cause
| Negative |
| 30(1) | s.130F(1) of the SSCBA - notification by a court or other described person to the Secretary of State of the making of an order and provision of prescribed information
| Negative |
| 30(1) | s.130F(3) of the SSCBA - supply of relevant information concerning the administration of Housing Benefit by a local authority or a person authorised to carry out its functions
| Negative |
| 30(1) | s.130F(4) of the SSCBA - provision of information to authorities administering Housing Benefit and persons authorised to carry out the functions of such authorities
| Negative |
| 30(1) | s.130F(5) of the SSCBA - specified authorities and persons to provide information to a relevant local authority or a person authorised to carry out its functions
| Negative |
| 30(1) | s.130F(7) of the SSCBA - the manner and form of information
| Negative |
| 30(1) | s.130G of the SSCBA - pilot schemes relating to loss of Housing Benefit to have effect for a prescribed period
| Negative |
| 31(1)(a) | Benefits (in addition to Housing Benefit and Council Tax Benefit) that a claimant, or his partner, must be entitled to for subsection (2) to apply
| Negative |
| 31(1)(b) | Circumstances in which a claimant or his partner ceases to be entitled to the prescribed benefit for subsection (2) to apply
| Negative |
| 31(1)(c) | Conditions to be satisfied if subsection (2) is to apply
| Negative |
| 31(2) | Period of entitlement to extended payment of Housing Benefit or Council Tax Benefit
| Negative |
| 31(7) | Amount of Extended Payment payable
| Negative |
| 31(9) | Effect of entitlement to an extended payment on the claimant's, or his partner's, award of Housing Benefit or Council Tax Benefit
| Negative |
| 31(10) | Manner in which the amount payable by a local authority is to be reduced by an amount payable by the "appropriate authority" where a claimant shifts between authorities.
| Negative |
| 31(12)(a) |
Circumstances in which a payment of Housing Benefit or Council Tax Benefit, as well as an extended payment, may be made by the same local authority
| Negative |
| 31(12)(b) |
Circumstances in which a partner's entitlement is to be regarded as the claimant's when the claimants shifts between authorities
| Negative |
| 31(12)(c) |
Circumstances in which the amount payable is not to be reduced by subsection (10)
| Negative |
| 31(13) | The period which a claimant may have ceased to have been entitled to Housing Benefit or Council Tax Benefit to still be deemed to be entitled for the purpose of subsection (1)
| Negative |
| 32(1)(b) | Necessary modifications can be made to the Social Security Administration Act and subordinate legislation in relation to extended payments
| Negative |
| 34 | New subparagraphs (2A), (2B) and (2C), section 5 of the Social Security Administration Act 1992: persons required to provide rent of the SIR with information or evidence; information or evidence to be provided.
| Negative |
| 36 | The new s.134(2) of the Social Security Administration Act 1992 to provide for payment of Housing Benefit - arrangements for paying Housing Benefit
| Negative |
| 38 | Directions to local authorities by the Secretary of State
| None |
| Part 3 |
| 40(1) | s.7B(2) of the Social Security Administration Act 1992 ("the Administration Act") - use of social security information, procedure to be followed in connection with previously used or verified information
| Negative |
| 40(1) | s.7B(3) of the Administration Act - relevant purpose relating to a claim or potential claim for a specified benefit
| Negative |
| 40(1)
40(2)(a)
40(2)(b)
40(2)(e)
| s.7B(5) of the Administration Act - specified benefits for the purposes of clause 40.
Inserts new sub-paragraph (c) into s7A(1) of the Administration Act providing for regulations enabling claims for certain benefits to be made to English county councils or persons providing services to or authorised to exercise any function of English county councils under s7A.
Inserts paragraph (e) into section 7A of the Administration Act providing for regulations to enable a relevant authority to verify claims information and evidence on behalf of another.
Substitutes sub-paragraph (c) of section 7A(6) of the Administration Act- adding English county councils as a category of "relevant authority" for the purposes of sections 7A and 7B of that Act.
| Negative |
| 41(7) | Define the relevant grant-making enactment mentioned in subsection (1).
| Negative |
| 41(8) | Define prescribed purpose for which information can be held or used in subsection (2).
| Negative |
| 41(8) | Define prescribed purpose
| Negative |
| 45(3) | In paragraph (1B) - conditions under which a local authority can authorise investigators to use powers contained in sections 109B and 109C of the Administration Act for "relevant purposes"
| Negative |
| 45(3) | In (1C) - restrict or invalidate an authorisation under 109A(2)(a), (c) or (d) of the Administration Act
| Negative |
| 46(2) | Authorities may bring proceedings except in relation to benefits or circumstances prescribed or where the Secretary of State directs they must not be brought
| Negative |
| 46(3) | Conditions that Authorities must satisfy to bring proceedings.
| Negative |
| Part 4 |
| 51(7) | s. 72(7) taken together with new s. 72(7A) of the SSCBA - power to prescribe circumstances in which a person is to be taken to satisfy or not to satisfy the conditions of entitlement to the care component of Disability Living Allowance
| Negative |
| 52(4) | s. 73(5) taken together with new s. 73(5A) of the SSCBA - power to prescribe circumstances in which a person is to be taken to satisfy or not to satisfy the certain conditions of entitlement to the mobility component of Disability Living Allowance
| Negative |
| 55(2) | Requirement that vaccination be carried out in the UK or the Isle of Man need not be fulfilled in certain circumstances
| Negative |
| 56(3) | Department for Social Development in Northern Ireland (DSDNI) may make provisions relating to manner and timing of appeals and proceedings of appeal tribunals in relation to vaccine damage payments
| Negative |
| 56(4) | DSDNI may provide for correction of accidental errors in, and setting aside of, tribunal decisions.
| Negative |
| 59(1) | new s.67(2) of the SSCBA - power to withdraw payment of Attendance Allowance to care home residents
| Negative |
| 59(2) | new s.72(8) of the SSCBA - power to withdraw payment of care component of Disability Living Allowance to care home residents
| Negative |
| 60(3) | Independent living funds - power to make consequential amendments or revocations to secondary legislation
| Negative |
| 60(5) | Independent living funds - DSDNI to make consequential amendments or revoke enactments within a specified meaning
| Negative |
| Part 5 |
| 66(1) | Secretary of State may make transitional provision or savings
| Negative |
| 68(2) | Secretary of State, by Order, may bring into force specified provisions of the Act
| Negative |
| In Schedule 1:
|
| p. 1(4)(a) |
First condition satisfied where previously entitled to prescribed benefit during prescribed period
| Negative |
| p. 1(4)(b) |
Modifications where people previously entitled to prescribed benefit
| Negative |
| p. 3(1)(a) |
Definition of "benefit year"
| Negative |
| p. 3(2) | Modifications to "relevant benefit year" in prescribed circumstances
| Negative |
| p. 4(1)(a) |
Circumstances when third national insurance contribution condition can apply to people aged 20-24.
| Negative |
| p. 4(1)(c) |
Third condition - prescribe conditions with respect to residence or presence in Great Britain
| Negative |
| p. 4(3) | Disapply the age condition where claimant previously received ESA by satisfying the third condition.
| Negative |
| p. 4(4) | Prescribe when a person is or is not receiving full-time education
| Negative |
| p. 6(1)(b) |
Prescribe the amount of capital which, if exceeded, will mean that the claimant is not entitled to the income-related allowance
| Negative |
| p. 6(2) | Circumstances in which income and capital of other member of a couple not to be regarded as income and capital of claimant
| Negative |
| p. 6(3) | Treating a person as engaged in, or not engaged in, remunerative work
| Negative |
| p. 6(4)(a) |
Treating a person as, or as not, receiving education
| Negative |
| p. 6(4)(b) |
Circumstances when requirement to not be receiving education need not apply.
| Negative |
| p. 6(5) - in (b), "couple"
| Circumstances in which a man and woman living together as husband and wife not to be treated as a couple
| Negative |
| p. 6(5) - in (d), "couple"
| Circumstances in which two people of the same sex living together as if they were civil partners not to be treated as a couple
| Negative |
| p. 6(5) - "education"
| Definition of "education"
| Negative |
| p. 6(5) - "remunerative work"
| Definition of "remunerative work"
| Negative |
| p. 6(7) | Modifications to income-related conditions in respect of polygamous marriages
| Negative |
| p. 6(8) | Treating people as, or as not, members of the same household
| Negative |
| In Schedule 2:
|
| p. 1(a) | Treating a person as having, or not having, limited capability for work
| Negative |
| p. 1(b) | Determining limited capability for work even though already being treated as having limited capability for work
| Negative |
| p. 1(c) | Circumstances in which a fresh determination of limited capability for work to be undertaken
| Negative |
| p. 2 | Prescribing number of 'waiting days' at beginning of period of limited capability for work before a claimant is entitled to an employment and support allowance.
| Negative |
| p. 3 | Making provision for entitlement and amount payable for periods of less than a week
| Negative |
| p. 4(1) | Circumstances in which two periods of limited capability for work, separated by no more than a prescribed length of time, are treated as one continuous period
| Negative |
| p. 4(2) | Where two periods link, conditions satisfied in the first period to be treated as satisfied in the later period.
| Negative |
| p. 5 | Circumstances in which a person to be treated as being, or not being in Great Britain
| Negative |
| p. 6 | Circumstances in which a claimant not in Great Britain may still be entitled to contributory allowance
| Negative |
| p. 7(1)(a) |
Modifications to contributory allowance provisions in respect of employment on board a ship, vessel, hovercraft or aircraft.
| Negative |
| p. 7(1)(b) |
Modifications to contributory allowance provisions where a claimant is outside Great Britain
| Negative |
| p. 7(1)(c) |
Modifications to contributory allowance provisions in respect of prescribed employment in connection with continental shelf operations
| Negative |
| p. 8(1) | Circumstances where entitlement to income-related allowance continues on leaving Great Britain
| Negative |
| p. 8(2) | Modifications to income-related allowance provisions where entitlement to income-related allowance continues on leaving Great Britain
| Negative |
| p. 9 | Treating as having, or not having, limited capability for work-related activity and determining afresh the question of limited capability for work-related activity.
| Negative |
| p. 10 | Prescribing the circumstances for treating as not entitled to ESA because of doing work
| Negative |
| p. 11 | Provide for ESA, contributory allowance or income-related allowance to be treated as a benefit, or a benefit of a prescribed description for prescribed purposes of the Social Security Contributions and Benefits Act 1992.
| Negative |
| p. 12 | Amount of reduction of the two elements of ESA (the contributory element and the income-related element)
| Negative |
| p. 14 | Modifications to Part 1 in respect of advance claims
| Negative |
| p. 15(1) | Modifications to Part 1 or corresponding provisions in Northern Ireland in respect of current or former members of Her Majesty's forces
| Negative |
| p. 15(2) | Defining "Her Majesty's forces" - to consist of prescribed establishments and organisations
| Negative |
| In Schedule 3: this schedule of consequential amendments extends or creates new powers into the following legislation:
|
| p.6 | s.17A Children Act 1989
| Negative |
| p.7 | s.6(9), (10) and (13) Child Support Act 1991 prior to its amendment by the Child Support, Pensions and Social Security Act 2000 (the 2000 Act).
s.6(7), (8) and (11) Child Support Act 1991 as amended by the 2000 Act
| Affirmative for (9) and (10)
Negative for (13)
Negative
|
| s.46(5) Child Support Act 1991 prior to its amendment by the 2000 Act and as amended by that Act
| Affirmative for both versions of this section
|
| s. 47(3)(b) Child Support Act 1991 prior to its amendment by the 2000 Act and as amended by that Act
| Affirmative for both versions of this section
|
| p.8 | s.24(1) and (2)(d) Criminal Justice Act 1991
| Negative |
| p.9 | s.6A(2) Social Security Contributions and Benefits Act 1992
| Negative |
| s.22(5) Social Security Contributions and Benefits Act 1992
| Negative |
| p.10 | s.1 Social Security Administration Act 1992
| Negative |
| s.2AA Social Security Administration Act 1992
| Negative |
| s.5 Social Security Administration Act 1992
| Negative |
| s.15A Social Security Administration Act 1992
| Negative |
| s.71 Social Security Administration Act 1992
| Negative |
| s.73 Social Security Administration Act 1992
| Negative |
| s.74A Social Security Administration Act 1992
| Negative |
| s.122B Social Security Administration Act 1992
| Negative |
| s.124 Social Security Administration Act 1992
| Negative |
| s.125 Social Security Administration Act 1992
| Negative |
| s. 130 Social Security Administration Act 1992
| Negative |
| s.132 Social Security Administration Act 1992
| Negative |
| s.150(7) Social Security Administration Act 1992
| Affirmative |
| s.159B Social Security Administration Act 1992
| Negative |
| s.159C Social Security Administration Act 1992
| Negative |
| s.179 Social Security Administration Act 1992
| Negative |
| p.11 | Paragraph 6 of Schedule 4 Local Government Finance Act 1992
| Negative |
| Paragraph 6 of Schedule 8 Local Government Finance Act 1992
| Negative |
| s.11 Social Security Act 1998
| Negative |
| s.27 Social Security Act 1998
| Negative |
| s.28 Social Security Act 1998
| Negative |
| s.72 Welfare Reform and Pensions Act 1999
| Negative |
| p.18 | s.115 Immigration and Asylum Act 1999
| Negative |
| p.19 | s.62A(4A) Child Support, Pensions and Social Security Act 2000
| Negative |
| p.20 | s.94 Local Government Act 2000
| Negative |
| p.22 | s.9(4B) Social Security Fraud Act 2001
| Negative |
| In Schedule 4:
|
| p. 1(a) | When a claim for existing benefit before appointed day is to be treated as ESA
| Negative |
| p. 1(b) | When a claim for ESA can be made before appointed day
| Negative |
| p. 2(a) | Exclude making a claim for an existing benefit on or after appointed day
| Negative |
| p. 2(b) | When a claim for an existing benefit on or after appointed day is to be treated as a claim for ESA
| Negative |
| p. 2(c) | When a claim for ESA is to be treated wholly or partly as a claim for an existing benefit
| Negative |
| p. 2(d) | Exclude making of a claim for ESA by a person entitled to an existing benefit
| Negative |
| p. 3 | When ESA is to be awarded for periods before appointed day and prescription of conditions of entitlement and amount payable in such cases
| Negative |
| p. 4(2) | Securing that an award of ESA is made on terms matching wholly or partly the award that would have been made if a further claim to existing benefit had been made
| Negative |
| p. 5(2) | Securing that an award of ESA is made on terms matching wholly or partly the award that would have resulted from conversion had entitlement to existing benefit continued
| Negative |
| p.6(1)(a) |
Convert existing awards into awards of ESA and provide for terms of conversion
| Negative |
| p.6(1)(b) |
Terminate existing awards in prescribed circumstances
| Negative |
| p. 7(a) | Determine continuing entitlement to ESA transitional allowance
| Negative |
| p. 7(b) | Review of award of transitional allowance
| Negative |
| p. 7(c) | Termination of award of transitional allowance
| Negative |
| p. 7(d) | Part 1 to have effect with prescribed modifications in relation to a person with a transitional allowance
| Negative |
| p. 7(e) | Revision of transitional allowance
| Negative |
| p. 8(1) | Circumstances when person entitled to transitional allowance immediately before retirement is to be treated as satisfying condition in p.5(2) of Schedule 3 to the SSCBA
| Negative |
| p. 9 | Modification of uprating of Incapacity Benefit and Severe Disablement Allowance in relation to tax years on or after the appointed day
| Negative |
| In Schedule 5:
|
| p. 3(a) | Discretionary disregards - qualifying benefits in respect of Housing Benefit
| Negative |
| p. 4(a) | Discretionary disregards - qualifying benefits in respect of Council Tax Benefit
| Negative |
| In Schedule 6 (to be inserted as the Sch to the 1979 Act):
|
| p. 7(1) | Prescribed occupation in relation to a person disabled by a disease to which the 1979 Act applies means an occupation prescribed by the Secretary of State by Order
| Negative |
| p. 8 | Include or exclude people from the definition of "relevant employer"
| Affirmative |
