|
| |
| |
(b) | is not subject to a requirement that a draft of the instrument be laid |
| |
before, and approved by a resolution of, each House of Parliament, |
| |
| shall be subject to annulment in pursuance of a resolution of either House of |
| |
| |
Recovery of mesothelioma and other lump sum payments |
| 5 |
54 | Amendment of Social Security (Recovery of Benefits) Act 1997 |
| |
After section 1 of the Social Security (Recovery of Benefits) Act 1997 (c. 27) |
| |
| |
“1A | Lump sum payments: regulation-making power |
| |
(1) | The Secretary of State may by regulations make provision about the |
| 10 |
recovery of the amount of a payment to which subsection (2) applies (a |
| |
“lump sum payment”) where— |
| |
(a) | a compensation payment in consequence of a disease is made to |
| |
or in respect of a person (“P”) to whom, or in respect of whom, |
| |
a lump sum payment has been, or is likely to be, made, and |
| 15 |
(b) | the compensation payment is made in consequence of the same |
| |
disease as the lump sum payment. |
| |
(2) | This subsection applies to— |
| |
(a) | a payment made in accordance with the Pneumoconiosis etc. |
| |
(Workers’ Compensation) Act 1979 (“the 1979 Act”), |
| 20 |
(b) | a payment made in accordance with Part 4 of the Child |
| |
Maintenance and Other Payments Act 2008, and |
| |
(c) | an extra-statutory payment (within the meaning given by |
| |
subsection (5)(d) below). |
| |
(3) | Regulations under this section may, in particular— |
| 25 |
(a) | make provision about the recovery of the amount of a lump |
| |
sum payment made to or in respect of a dependant of P; |
| |
(b) | make provision enabling the recovery of the amount of a lump |
| |
sum payment from a compensation payment (including |
| |
provision enabling the recovery of an amount which reduces |
| 30 |
the compensation payment to nil); |
| |
(c) | enable the amount of a lump sum payment made before |
| |
commencement to be recovered from a compensation payment |
| |
| |
(d) | make provision about certificates in respect of lump sum |
| 35 |
| |
(e) | apply any provision of this Act, with or without modifications. |
| |
(4) | References in subsection (1) to a payment made in consequence of a |
| |
| |
(a) | are references to a payment made by or on behalf of a person |
| 40 |
who is, or is alleged to be, liable to any extent in respect of the |
| |
| |
(b) | do not include references to a payment mentioned in Part 1 of |
| |
| |
| 45 |
| |
| |
|
| |
| |
(a) | “commencement” means the date on which this section comes |
| |
| |
(b) | “compensation payment” means a payment within section |
| |
| |
(c) | “dependant” has the meaning given by section 3 of the 1979 Act, |
| 5 |
| |
(d) | “extra-statutory payment” means a payment made by the |
| |
Secretary of State to or in respect of a person following the |
| |
rejection by the Secretary of State of a claim under the 1979 Act.” |
| |
| 10 |
| |
| |
(1) | This section has effect in relation to regulations under this Act, except Part 4. |
| |
(2) | Power to make regulations is exercisable by statutory instrument. |
| |
(3) | Power to make regulations includes power to make incidental, supplementary, |
| 15 |
consequential or transitional provision or savings. |
| |
(4) | Power to make regulations may be exercised— |
| |
(a) | in relation to all cases to which it extends, in relation to those cases but |
| |
subject to specified exceptions or in relation to any specified cases or |
| |
| 20 |
(b) | so as to make, as respects the cases in relation to which it is exercised— |
| |
(i) | the full provision to which it extends or any lesser provision |
| |
(whether by way of exception or otherwise); |
| |
(ii) | the same provision for all cases, different provision for different |
| |
cases or classes of case or different provision as respects the |
| 25 |
same case or class of case but for different purposes of this Act; |
| |
(iii) | provision which is either unconditional or is subject to any |
| |
| |
(c) | so as to provide for a person to exercise a discretion in dealing with any |
| |
| 30 |
(5) | No regulations may be made under section 6(1) or (4), and no order may be |
| |
made under section 11(6), unless a draft of the statutory instrument containing |
| |
the regulations or order has been laid before, and approved by a resolution of, |
| |
each House of Parliament. |
| |
(6) | A statutory instrument that— |
| 35 |
(a) | contains regulations, and |
| |
(b) | is not subject to a requirement that a draft of the instrument be laid |
| |
before, and approved by a resolution of, each House of Parliament, |
| |
| shall be subject to annulment in pursuance of a resolution of either House of |
| |
| 40 |
56 | General interpretation |
| |
(1) | In this Act, “the Commission” has the meaning given by section 1(1). |
| |
| |
| |
| |
|
| |
| |
(a) | this Act amends or repeals an enactment contained in the Child |
| |
Support Act 1991 (c. 48) which has been amended by the Child Support, |
| |
Pensions and Social Security Act 2000 (c. 19), and |
| |
(b) | the amendment by the 2000 Act has been brought into force for limited |
| |
| 5 |
| the reference to the enactment shall, unless the contrary intention appears, be |
| |
read as a reference to the enactment as it has effect apart from the 2000 Act, as |
| |
well as to the enactment as amended by that Act. |
| |
57 | Minor and consequential amendments |
| |
(1) | Schedule 7 (which makes minor and consequential amendments) has effect. |
| 10 |
(2) | The Secretary of State may by regulations make provision consequential on |
| |
this Act amending, repealing or revoking any provision of— |
| |
(a) | an Act passed on or before the last day of the Session in which this Act |
| |
| |
(b) | an instrument made under an Act before the passing of this Act. |
| 15 |
| |
The enactments specified in Schedule 8 are repealed to the extent specified. |
| |
| |
(1) | Until the coming into force of section 13, the Child Support Act 1991 shall have |
| |
effect as if references to the Commission were to the Secretary of State. |
| 20 |
(2) | The Secretary of State may by regulations make provision for the Child |
| |
Support Act 1991, as amended by Schedule 3, to have effect, until the coming |
| |
into force of section 15, with such modifications as the Secretary of State |
| |
considers necessary in consequence of the retention of functions under section |
| |
| 25 |
(3) | The Secretary of State may, in relation to section 6 or 46 of the Child Support |
| |
Act 1991, by regulations make provision for the section to have effect with such |
| |
modifications as the Secretary of State considers expedient in anticipation of |
| |
the coming into force of section 15. |
| |
(4) | Sections 20(5A), 32A, 32E, 32F, 32J, 32L, 32M, 41C to 41E, 43A, 49A, 49B and |
| 30 |
49D of the Child Support Act 1991 shall have effect as if “child support |
| |
maintenance” included periodical payments required to be paid in accordance |
| |
with a maintenance assessment under the Act. |
| |
(5) | Sections 20(7A), 32A, 32C, 32E, 32F, 32J, 32L, 32M, 39E, 39J, 40, 40B and 49B of |
| |
the Child Support Act 1991 shall have effect as if “maintenance calculation” |
| 35 |
included a maintenance assessment under the Act. |
| |
(6) | Sections 35, 36, 38, 39B, 39E, 39J, 39M, 40, 40B and 49D of the Child Support Act |
| |
1991 shall have effect as if orders made under section 33 of that Act had been |
| |
made under section 32M of that Act. |
| |
(7) | An order may be made under section 32M of the Child Support Act 1991 in |
| 40 |
respect of an amount even though the time within which an application could |
| |
have been instituted under section 33 of that Act for an order in respect of that |
| |
| |
| |
| |
|
| |
| |
(8) | The Secretary of State may by regulations make in connection with the coming |
| |
into force of any provision of this Act such transitional provision or savings as |
| |
the Secretary of State considers necessary or expedient. |
| |
| |
(1) | There shall be paid out of money provided by Parliament— |
| 5 |
(a) | any expenditure incurred by the Secretary of State or a government |
| |
department in consequence 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 authorised the extinguishing in consequence of this Act of |
| 10 |
liabilities owed to the Crown under the Child Support Act 1991 (c. 48). |
| |
| |
(1) | Subject to the following provisions, this Act extends to England and Wales and |
| |
| |
(2) | The following provisions also extend to Northern Ireland— |
| 15 |
(a) | this section and sections 55, 57(2), 62 and 63; |
| |
(b) | paragraphs 4 to 6 of Schedule 6, and section 44 so far as relating to those |
| |
| |
(3) | Any amendment or repeal made by this Act has the same extent as the |
| |
enactment to which it relates. |
| 20 |
| |
(1) | This section and sections 55, 59(8), 61 and 63 shall come into force on the day |
| |
on which this Act is passed. |
| |
(2) | Section 35 shall come into force on the day after the day on which this Act is |
| |
| 25 |
(3) | The remaining provisions of this Act shall come into force on such day as the |
| |
Secretary of State may by order made by statutory instrument appoint, and |
| |
different days may be so appointed for different purposes. |
| |
(4) | An order under subsection (3) appointing the day on which section 39 is to |
| |
come into force in England and Wales may be made only with the consent of |
| 30 |
| |
| |
This Act may be cited as the Child Maintenance and Other Payments Act 2008. |
| |
| |
| |
|
