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Health and Social Care Bill


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

83

 

128     

Penalty: Great Britain

(1)   

After section 113B of the Social Security Administration Act 1992 (c. 5) insert—

“113C   

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

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

has effect.”

5

(2)   

Before Schedule 4 to that Act, insert—

“Schedule 3A

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

Penalty

1     (1)  

This paragraph applies where a person fraudulently or negligently—

10

(a)   

makes an incorrect statement or declaration in or in

connection with a claim for health in pregnancy grant, or

(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

15

make a determination imposing a penalty on the person.

      (3)  

The amount of a penalty imposed under this paragraph—

(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

20

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

is given.

      (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—

25

(a)   

state the date on which the notice is given,

(b)   

state the date on or before which payment is due in

accordance with sub-paragraph (4), and

(c)   

give details of the right to appeal under paragraph 2.

Appeal

30

2     (1)  

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

appeal to an appeal tribunal against the determination imposing it.

      (2)  

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

(a)   

set the determination aside,

(b)   

confirm the determination,

35

(c)   

reduce the amount of the penalty, or

(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).

40

 
 

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

84

 

      (4)  

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

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

(2).

      (5)  

In sub-paragraphs (1) to (4), “appeal tribunal” and “Commissioner”

have the same meaning as in Chapter 2 of Part 1 of the Social Security

5

Act 1998 (decisions, etc.).

      (6)  

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

regulations apply provision contained in that Act in relation to an

appeal under this paragraph (with such modifications as are

prescribed).

10

Mitigation

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

15

make a determination imposing a penalty under paragraph 1 at any

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

20

paragraph 1(1) is made or given.

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

25

payable.”

Northern Ireland

129     

Entitlement: Northern Ireland

After Part 8 of the Social Security Contributions and Benefits (Northern

Ireland) Act 1992 (c. 7) insert—

30

“Part 8A

Health in pregnancy grant

136A    

Entitlement

(1)   

A woman who satisfies prescribed conditions in relation to a pregnancy

of hers is entitled to payment of a lump sum (to be known as “health in

35

pregnancy grant”).

(2)   

A condition prescribed under subsection (1) may, in particular, require

a woman to have reached a specified stage of her pregnancy.

 
 

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

85

 

(3)   

A woman is not entitled to health in pregnancy grant unless—

(a)   

she has received advice on matters relating to maternal health

from a health professional;

(b)   

she is in Northern Ireland at the time she makes a claim for the

grant in accordance with the Administration Act.

5

(4)   

Circumstances may be prescribed in which a woman is to be treated for

the purposes of subsection (3)(b) as being, or as not being, in Northern

Ireland.

(5)   

In this section—

“health professional” has such meaning as may be prescribed,

10

“prescribed” means prescribed by regulations, and

“woman” means a female of any age.

(6)   

The power to make regulations under this section is exercisable by the

Treasury.

136B    

Amount

15

(1)   

Health in pregnancy grant is to be of an amount prescribed by

regulations made by the Treasury.

(2)   

Different amounts may be prescribed in relation to different cases.”

130     

Administration: Northern Ireland

(1)   

In section 5 of the Social Security Administration (Northern Ireland) Act 1992

20

(c. 8) (claims and payments regulations), in subsection (2), after paragraph (f),

insert—

“(fa)   

health in pregnancy grant;”.

(2)   

The power to make regulations under that section in relation to health in

pregnancy grant is exercisable by the Commissioners for Her Majesty’s

25

Revenue and Customs.

(3)   

After section 10 of that Act insert—

“Health in pregnancy grant

10A     

Necessity of application for health in pregnancy grant

(1)   

No person is entitled to health in pregnancy grant unless she claims it

30

in the manner, and within the time, prescribed in relation to health in

pregnancy grant by regulations under section 5.

(2)   

No person is entitled to health in pregnancy grant unless subsection (3)

or (4) is satisfied in relation to her.

(3)   

This subsection is satisfied in relation to a person if her claim for health

35

in pregnancy grant is accompanied by—

(a)   

a statement of her national insurance number and information

or evidence establishing that that number has been allocated to

her; or

(b)   

information or evidence enabling the national insurance

40

number that has been allocated to her to be ascertained.

 
 

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

86

 

(4)   

This subsection is satisfied in relation to a person if she makes an

application for a national insurance number to be allocated to her

which is accompanied by information or evidence enabling a national

insurance number to be allocated to her.

(5)   

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

5

regulations make provision disapplying subsection (2) in the case of

prescribed descriptions of persons making a claim.”

(4)   

In section 69 of that Act (benefits in relation to which overpayments may be

recovered), in subsection (11), after paragraph (e), insert—

“(ea)   

health in pregnancy grant; and”.

10

(5)   

In the application of that section in relation to health in pregnancy grant,

references to the Northern Ireland Department are to be read as references to

the Commissioners for Her Majesty’s Revenue and Customs.

(6)   

In section 115D of that Act (supply of information by Her Majesty’s Revenue

and Customs), in subsection (1), after “contributions,” insert “health in

15

pregnancy grant,”.

(7)   

In section 115E of that Act (supply of information to Her Majesty’s Revenue

and Customs), in subsection (2), after “contributions,” insert “health in

pregnancy grant,”.

(8)   

Chapter 2 of Part 2 of the Social Security (Northern Ireland) Order 1998 (S.I.

20

1998/1506 (N.I. 10)) (decisions and appeals) is to have effect as if health in

pregnancy grant were a relevant benefit for the purposes of that Chapter; and

the functions of the Northern Ireland Department under that Order are, in

relation to that grant, exercisable by the Commissioners for Her Majesty’s

Revenue and Customs.

25

(9)   

In subsections (5) and (8), “the Northern Ireland Department” means the

Department for Social Development in Northern Ireland.

131     

Penalty: Northern Ireland

(1)   

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

1992 (c. 8) insert—

30

“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

35

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

40

(b)   

gives incorrect information or evidence in response to a

requirement imposed on the person by virtue of section 5.

 
 

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

87

 

      (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—

(a)   

is to be determined by the Commissioners, but

(b)   

may not exceed the amount of the grant.

5

      (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.

      (5)  

The Commissioners must give notice of a determination imposing a

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

10

      (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

accordance with sub-paragraph (4), and

(c)   

give details of the right to appeal under paragraph 2.

15

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.

      (2)  

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

(a)   

set the determination aside,

20

(b)   

confirm the determination,

(c)   

reduce the amount of the penalty, or

(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

25

tribunal under sub-paragraph (2).

      (4)  

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

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

30

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

Order 1998 (decisions, etc.).

      (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

35

prescribed).

Mitigation

3          

The Commissioners for Her Majesty’s Revenue and Customs may

mitigate or entirely remit a penalty under this Schedule.

Time limit

40

4     (1)  

The Commissioners for Her Majesty’s Revenue and Customs may

make a determination imposing a penalty under paragraph 1 at any

 
 

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

88

 

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.

5

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.”

10

132     

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

133     

General and supplementary

15

(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

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

“(ha)   

health in pregnancy grant,”.

20

(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)

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

appropriate place insert—

25

 

“Health in pregnancy

SSCBA 1992             Section 140A

 
 

grant

SSCB(NI)A 1992      Section 136A”.

 
 
 

Health and Social Care Bill
Part 5 — Miscellaneous

89

 

Part 5

Miscellaneous

Amendments relating to National Health Service

134     

Duty of Primary Care Trusts

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

5

“23A    

Arrangements for improving quality of health care

(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

10

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

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

15

(b)   

the promotion and protection of public health.”

135     

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

20

effect.

136     

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”.

25

(3)   

In subsection (2)—

(a)   

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

(b)   

after paragraph (g) insert—

“(h)   

the Secretary of State, and

(i)   

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

30

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

arranging the provision of, health services whose

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,”.

35

(4)   

After subsection (2) insert—

“(2A)   

In subsection (1)(b) “functions”—

(a)   

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

State’s functions in connection with the health service;

 
 

 
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