House of Lords portcullis
House of Lords
Session 2007 - 08
Internet Publications
Other Bills before Parliament

Health and Social Care Bill


Health and Social Care Bill
Part 4 — Health in pregnancy grant

86

 

(8)   

In subsections (5) and (7), “the Northern Ireland Department” means the

Department for Social Development in Northern Ireland.

130     

Penalty: Northern Ireland

(1)   

After section 107B of the Social Security Administration (Northern Ireland) Act

1992 (c. 8) insert—

5

“107C   

 Health in pregnancy grant: civil penalty for fraud, etc.

Schedule 3A (health in pregnancy grant: civil penalty for fraud, etc.)

has effect.”

(2)   

Before Schedule 4 to that Act, insert—

“Schedule 3A

10

Health in pregnancy grant: Civil penalty for fraud, etc.

Penalty

1     (1)  

This paragraph applies where a person fraudulently or negligently—

(a)   

makes an incorrect statement or declaration in or in

connection with a claim for health in pregnancy grant, or

15

(b)   

gives incorrect information or evidence in response to a

requirement imposed on the person by virtue of section 5.

      (2)  

The Commissioners for Her Majesty’s Revenue and Customs may

make a determination imposing a penalty on the person.

      (3)  

The amount of a penalty imposed under this paragraph—

20

(a)   

is to be determined by the Commissioners, but

(b)   

may not exceed the amount of the grant.

      (4)  

A penalty imposed under this paragraph becomes payable at the end

of the period of 30 days beginning with the date on which the notice

is given.

25

      (5)  

The Commissioners must give notice of a determination imposing a

penalty under this paragraph to the person on whom it is imposed.

      (6)  

The notice must—

(a)   

state the date on which the notice is given,

(b)   

state the date on or before which payment is due in

30

accordance with sub-paragraph (4), and

(c)   

give details of the right to appeal under paragraph 2.

Appeal

2     (1)  

A person on whom a penalty is imposed under paragraph 1 may

appeal to an appeal tribunal against the determination imposing it.

35

      (2)  

On an appeal under sub-paragraph (1), an appeal tribunal may—

(a)   

set the determination aside,

(b)   

confirm the determination,

(c)   

reduce the amount of the penalty, or

 
 

Health and Social Care Bill
Part 4 — Health in pregnancy grant

87

 

(d)   

increase the amount of it (but not so as to exceed the amount

of the grant).

      (3)  

An appeal lies to a Commissioner from a decision of an appeal

tribunal under sub-paragraph (2).

      (4)  

On an appeal under sub-paragraph (3), a Commissioner has a similar

5

jurisdiction to that conferred on an appeal tribunal by sub-paragraph

(2).

      (5)  

In sub-paragraphs (1) to (4), “appeal tribunal” has the same meaning

as in Chapter 2 of Part 2 of the Social Security (Northern Ireland)

Order 1998 (decisions, etc.).

10

      (6)  

The Commissioners for Her Majesty’s Revenue and Customs may by

regulations apply provision contained in that Order in relation to an

appeal under this paragraph (with such modifications as are

prescribed).

Mitigation

15

3          

The Commissioners for Her Majesty’s Revenue and Customs may

mitigate or entirely remit a penalty under this Schedule.

Time limit

4     (1)  

The Commissioners for Her Majesty’s Revenue and Customs may

make a determination imposing a penalty under paragraph 1 at any

20

time before the end of the period of two years beginning with the

relevant day.

      (2)  

In sub-paragraph (1), the “relevant day” is the day on which the

statement or declaration, or information or evidence, referred to in

paragraph 1(1) is made or given.

25

Recovery

5          

A penalty payable under this Schedule is to be treated for the

purposes of Part 6 of the Taxes Management Act 1970 (collection and

recovery) as if it were tax charged in an assessment and due and

payable.”

30

131     

Northern Ireland: health in pregnancy grant to be excepted matter

In Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters), at the

beginning of paragraph 10B insert “Health in pregnancy grant,”.

General and supplementary

132     

General and supplementary

35

(1)   

The Commissioners for Her Majesty’s Revenue and Customs are responsible

for the payment and management of health in pregnancy grant.

(2)   

In section 115 of the Immigration and Asylum Act 1999 (c. 33) (exclusion from

 
 

Health and Social Care Bill
Part 5 — Miscellaneous

88

 

entitlement to benefits), in subsection (1), after paragraph (h), insert—

“(ha)   

health in pregnancy grant,”.

(3)   

In subsections (5) and (6) of that section, before “child benefit” insert “health in

pregnancy grant or”.

(4)   

In section 677(1) of the Income Tax (Earnings and Pensions) Act 2003 (c. 1)

5

(benefits wholly exempt from income tax), in Part 1 of Table B, at the

appropriate place insert—

 

“Health in pregnancy

SSCBA 1992             Section 140A

 
 

grant

SSCB(NI)A 1992      Section 136A”.

 

Part 5

10

Miscellaneous

Amendments relating to National Health Service

133     

Duty of Primary Care Trusts

After section 23 of the National Health Service Act 2006 (c. 41) insert—

“23A    

Arrangements for improving quality of health care

15

(1)   

Each Primary Care Trust must make arrangements to secure

continuous improvement in the quality of health care provided by it

and by other persons pursuant to arrangements made by it.

(2)   

In discharging its duty under subsection (1) a Primary Care Trust must

have regard to the standards set out in statements under section 41 of

20

the Health and Social Care Act 2008.

(3)   

“Health care” means—

(a)   

services provided to individuals for or in connection with the

prevention, diagnosis or treatment of illness, and

(b)   

the promotion and protection of public health.”

25

134     

Pharmaceutical services

Schedule 12 (which contains amendments of the National Health Service Act

2006 and the National Health Service (Wales) Act 2006 (c. 42) relating to

expenditure in connection with the provision of pharmaceutical services) has

effect.

30

135     

Indemnity schemes in connection with provision of health services

(1)   

Section 71 of the National Health Service Act 2006 (schemes for meeting losses

and liabilities of health service bodies) is amended as follows.

(2)   

In subsection (1), after “the bodies” (in each place) insert “or other persons”.

(3)   

In subsection (2)—

35

(a)   

after “The bodies” insert “and other persons”,

 
 

Health and Social Care Bill
Part 5 — Miscellaneous

89

 

(b)   

after paragraph (g) insert—

“(h)   

the Secretary of State, and

(i)   

a body or other person (other than a body or other

person within any of paragraphs (a) to (h)) providing, or

arranging the provision of, health services whose

5

provision is the subject of arrangements with a body or

other person within any of paragraphs (a) to (h),”, and

(c)   

after “bodies which” insert “, or other persons who,”.

(4)   

After subsection (2) insert—

“(2A)   

In subsection (1)(b) “functions”—

10

(a)   

in relation to the Secretary of State, means the Secretary of

State’s functions in connection with the health service;

(b)   

in relation to a body or other person within paragraph (i) of

subsection (2), means the body’s or person’s functions of

providing, or arranging the provision of, health services whose

15

provision is the subject of arrangements with a body or other

person within any of paragraphs (a) to (h) of that subsection.”

(5)   

In subsection (3)—

(a)   

in paragraph (b), after “body which” insert “, or other person who,”,

and

20

(b)   

in paragraph (c), after “Secretary of State” insert “(whether or not a

participator in the scheme and, if a participator, whether or not

required to make payments as a participator)”.

(6)   

For subsection (5) substitute—

“(5)   

The Secretary of State may make a direction under subsection (4) in

25

respect of a body only if the body is within any of paragraphs (a) to (d),

(f) and (g) of subsection (2).”

(7)   

After subsection (8) insert—

“(9)   

In subsection (2)(i), the reference to a person providing health services

does not include a person providing health services under a contract of

30

employment.

(10)   

In this section “health services” means services provided as part of the

health service.”

Weighing and measuring of children

136     

Weighing and measuring of children: England

35

(1)   

In Schedule 1 to the National Health Service Act 2006 (c. 41) (further provision

about the Secretary of State and services under that Act) after paragraph 7

insert—

“Weighing and measuring of children

7A    (1)  

The Secretary of State may, by arrangement with any local education

40

authority, provide for the weighing and measuring of junior pupils

in attendance at any school which is maintained by the authority.

 
 

Health and Social Care Bill
Part 5 — Miscellaneous

90

 

      (2)  

The Secretary of State may, by arrangement with the proprietor of

any school which is not maintained by a local education authority,

provide for the weighing and measuring of junior pupils in

attendance at that school.

      (3)  

The Secretary of State may, by arrangement with any person who is

5

registered under Chapter 2 of Part 3 of the Childcare Act 2006 in

respect of early years provision, provide for the weighing and

measuring of young children for whom childcare is provided by that

person.

      (4)  

In sub-paragraphs (1) and (2) any expression to which a meaning is

10

given for the purposes of the Education Act 1996 or the School

Standards and Framework Act 1998 has the same meaning as in that

Act; and in sub-paragraph (3) any expression to which a meaning is

given for the purposes of Part 3 of the Childcare Act 2006 has the

same meaning as in that Part.

15

7B    (1)  

The Secretary of State may by regulations—

(a)   

authorise the disclosure by any person with whom

arrangements under paragraph 7A are made, to any person

carrying out the weighing or measuring, of prescribed

information relating to the children concerned,

20

(b)   

require any weighing and measuring provided for by the

Secretary of State under paragraph 7A to be carried out in a

prescribed manner and after compliance with any prescribed

requirements,

(c)   

make provision authorising any resulting information

25

relating to a child, together with any advisory material

authorised by or under the regulations, to be communicated

in a prescribed manner to a person who is, or is treated by the

regulations as being, a parent of the child, and

(d)   

make other provision regulating the processing of

30

information resulting from any weighing or measuring

provided for by the Secretary of State under paragraph 7A.

      (2)  

Regulations made under sub-paragraph (1) may require any person

exercising functions in relation to any weighing or measuring to

which the regulations apply or in relation to information resulting

35

from such weighing or measuring to have regard to any guidance

given from time to time by the Secretary of State.

      (3)  

In sub-paragraph (1)(d), “processing”, in relation to information, has

the same meaning as in the Data Protection Act 1998.

      (4)  

Regulations under this paragraph cannot include provision by virtue

40

of section 272(8)(a) amending or repealing an Act.”

(2)   

Until the commencement of Chapter 2 of Part 3 of the Childcare Act 2006

(c. 21), the reference in paragraph 7A(3) of Schedule 1 to the National Health

Service Act 2006 (c. 41) (as inserted by subsection (1) of this section) to a person

registered under Chapter 2 of Part 3 of the Childcare Act 2006 in respect of

45

early years provision is to be read as a reference to a person registered under

Part 10A of the Children Act 1989 (c. 41) in respect of child minding or the

provision of day care (within the meaning of that Part).

 
 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2008
Revised 20 February 2008