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Health and Social Care Bill


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

83

 

applies for the purposes of subsection (6) as it applies for the purposes

of that Act.

(8)   

Any reference to amending an enactment includes a reference to

repealing, revoking or modifying the application of an enactment, and

“amendment” is to be read accordingly.

5

(9)   

Any reference to giving effect to an international agreement or

arrangement includes a reference to giving effect to a recommendation

issued under such an agreement or arrangement.”

130     

Further amendments relating to public health protection

(1)   

Part 2 of the Public Health (Control of Disease) Act 1984 (c. 22) (which is

10

superseded by the new Part 2A inserted by section 129) ceases to have effect.

(2)   

Schedule 11 (which contains further amendments of that Act and other Acts)

has effect.

Part 4

Health in pregnancy grant

15

England, Wales and Scotland

131     

Entitlement: Great Britain

After Part 8 of the Social Security Contributions and Benefits Act 1992 (c. 4)

insert—

“Part 8A

20

Health in pregnancy grant

140A    

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

pregnancy grant”).

25

(2)   

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

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

(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;

30

(b)   

she is in Great Britain at the time she makes a claim for the grant

in accordance with the Administration Act.

(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 Great

Britain.

35

(5)   

In this section—

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

“prescribed” means prescribed by regulations, and

 
 

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

84

 

“woman” means a female of any age.

(6)   

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

Treasury.

140B    

Amount

(1)   

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

5

regulations made by the Treasury.

(2)   

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

132     

Administration: Great Britain

(1)   

In section 5 of the Social Security Administration Act 1992 (c. 5) (claims and

payments regulations), in subsection (2), after paragraph (f), insert—

10

“(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

Revenue and Customs.

(3)   

After section 12 of that Act insert—

15

“Health in pregnancy grant

12A     

Necessity of application for health in pregnancy grant

(1)   

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

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

pregnancy grant by regulations under section 5.

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(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

in pregnancy grant is accompanied by—

(a)   

a statement of her national insurance number and information

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or evidence establishing that that number has been allocated to

her; or

(b)   

information or evidence enabling the national insurance

number that has been allocated to her to be ascertained.

(4)   

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

30

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

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

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prescribed descriptions of persons making a claim.”

(4)   

In section 71 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”.

 
 

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

85

 

(5)   

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

references to the Secretary of State are to be read as references to the

Commissioners for Her Majesty’s Revenue and Customs.

(6)   

In section 121E of that Act (supply of information by Her Majesty’s Revenue

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

5

pregnancy grant,”.

(7)   

In section 121F 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 1 of the Social Security Act 1998 (c. 14) (decisions and

10

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 Secretary of State

under that Act are, in relation to that grant, exercisable by the Commissioners

for Her Majesty’s Revenue and Customs.

133     

Penalty: Great Britain

15

(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.”

(2)   

Before Schedule 4 to that Act, insert—

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“Schedule 3A

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

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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

make a determination imposing a penalty on the person.

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      (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

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

35

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—

(a)   

state the date on which the notice is given,

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

86

 

(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

2     (1)  

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

5

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,

(c)   

reduce the amount of the penalty, or

10

(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

15

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

Act 1998 (decisions, etc.).

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      (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).

Mitigation

25

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

30

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.

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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.”

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