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Health and Social Care Bill


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

87

 

Northern Ireland

134     

Entitlement: Northern Ireland

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

Ireland) Act 1992 (c. 7) insert—

“Part 8A

5

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

pregnancy grant”).

10

(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;

15

(b)   

she is in Northern Ireland 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 Northern

Ireland.

20

(5)   

In this section—

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

“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

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Treasury.

136B    

Amount

(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.”

30

135     

Administration: Northern Ireland

(1)   

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

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

insert—

“(fa)   

health in pregnancy grant;”.

35

(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.

 
 

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

88

 

(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

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

5

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

in pregnancy grant is accompanied by—

10

(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

number that has been allocated to her to be ascertained.

15

(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

20

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”.

25

(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

30

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.

35

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.

40

(9)   

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

Department for Social Development in Northern Ireland.

 
 

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

89

 

136     

Penalty: Northern Ireland

(1)   

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

1992 (c. 8) insert—

“107C   

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

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

5

has effect.”

(2)   

Before Schedule 4 to that Act, insert—

“Schedule 3A

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

Penalty

10

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

(b)   

gives incorrect information or evidence in response to a

requirement imposed on the person by virtue of section 5.

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      (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.

20

      (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.

25

      (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.

30

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,

35

(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).

 
 

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

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      (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

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

(2).

5

      (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.).

      (6)  

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

regulations apply provision contained in that Order in relation to an

10

appeal under this paragraph (with such modifications as are

prescribed).

Mitigation

3          

The Commissioners for Her Majesty’s Revenue and Customs may

mitigate or entirely remit a penalty under this Schedule.

15

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

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

relevant day.

20

      (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.

Recovery

5          

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

25

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.”

137     

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

30

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

General and supplementary

138     

General and supplementary

(1)   

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

for the payment and management of health in pregnancy grant.

35

(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,”.

 
 

Health and Social Care Bill
Part 5 — Miscellaneous

91

 

(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—

5

 

“Health in pregnancy

SSCBA 1992             Section 140A

 
 

grant

SSCB(NI)A 1992      Section 136A”.

 

Part 5

Miscellaneous

Amendments relating to National Health Service

10

139     

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

(1)   

Each Primary Care Trust must make arrangements to secure

continuous improvement in the quality of health care provided by it

15

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 45 of

the Health and Social Care Act 2008.

(3)   

“Health care” means—

20

(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.”

140     

Pharmaceutical services

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

25

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

expenditure in connection with the provision of pharmaceutical services) has

effect.

141     

Indemnity schemes in connection with provision of health services

(1)   

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

30

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)—

(a)   

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

(b)   

after paragraph (g) insert—

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“(h)   

the Secretary of State, and

 
 

Health and Social Care Bill
Part 5 — Miscellaneous

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(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

provision is the subject of arrangements with a body or

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

5

(c)   

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

(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;

10

(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

provision is the subject of arrangements with a body or other

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

15

(5)   

In subsection (3)—

(a)   

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

and

(b)   

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

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

20

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

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

(f) and (g) of subsection (2).”

25

(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

employment.

(10)   

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

30

health service.”

Weighing and measuring of children

142     

Weighing and measuring of children: England

(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

35

insert—

“Weighing and measuring of children

7A    (1)  

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

authority, provide for the weighing and measuring of junior pupils

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

40

      (2)  

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

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

 
 

Health and Social Care Bill
Part 5 — Miscellaneous

93

 

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

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

respect of early years provision, provide for the weighing and

5

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

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

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

10

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.

7B    (1)  

The Secretary of State may by regulations—

(a)   

authorise the disclosure by any person with whom

15

arrangements under paragraph 7A are made, to any person

carrying out the weighing or measuring, of prescribed

information relating to the children concerned,

(b)   

require any weighing and measuring provided for by the

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

20

prescribed manner and after compliance with any prescribed

requirements,

(c)   

make provision authorising any resulting information

relating to a child, together with any advisory material

authorised by or under the regulations, to be communicated

25

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

information resulting from any weighing or measuring

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

30

      (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

from such weighing or measuring to have regard to any guidance

given from time to time by the Secretary of State.

35

      (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

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

40

(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

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

45

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

143     

Weighing and measuring of children: Wales

In Schedule 1 to the National Health Service (Wales) Act 2006 (c. 42) (further

 
 

 
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