Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Social security
“Work for your benefit” schemes etc.
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Revised system of working-age benefits
The Social Security Administration Act 1992 (c. 5) is amended as follows.
After section 2C insert—
In the italic heading before section 2A, insert “ and work-related activity ”.
In section 189(7A) (regulations which may make provision only in relation to specified areas), for “2C” substitute “ 2F ”.
In section 72(3) of the Welfare Reform and Pensions Act 1999 (c. 30) (supply of information for certain purposes), for paragraphs (a) and (aa) substitute—.
In section 124 of the Social Security Contributions and Benefits Act 1992 (c. 4) (conditions for income support), after subsection (1) insert—
In section 2A of the Social Security Administration Act 1992 (c. 5) (work-focused interviews)—
after subsection (2) insert—
in subsection (8), after “In this section—” insert—.
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The Jobseekers Act 1995 (c. 18) is amended as follows.
In section 1 (the jobseeker's allowance)—
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in subsection (4), for the definition of “a joint-claim couple” substitute—.
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In section 124 of the Social Security Contributions and Benefits Act 1992 (c. 4) (conditions for income support)—
in subsection (1), after paragraph (g) (but before the “and” at the end of it) insert—,
after subsection (6) insert—, and
in subsection (7), for “Part 1 of the Welfare Reform Act 2007 (employment and support allowance)” substitute “ that Part ”.
In paragraph 6 of Schedule 1 to the Welfare Reform Act 2007 (c. 5) (conditions for income-related employment and support allowance)—
in sub-paragraph (1), after paragraph (d) insert—
after sub-paragraph (2) insert—
In section 20 of the Welfare Reform Act 2007 (relationship of employment and support allowance with statutory sick pay and other statutory payments), for subsection (1) substitute—
income-based jobseeker's allowance, or
income-related employment and support allowance,
Regulations under this section may, in particular, make provision—
for the termination or cancellation of awards of income support or income-related employment and support allowance;
for a person whose award of income support or income-related employment and support allowance has been terminated or cancelled under regulations made by virtue of paragraph (a) to be treated as having been awarded a transitional allowance;
for any such award of a transitional allowance to be—as may be determined in accordance with the regulations;
of such a kind,
for such period,
of such an amount, and
subject to such conditions,
for a person's continuing entitlement to a transitional allowance to be determined by reference to such provision as may be made by the regulations;
for the termination of an award of a transitional allowance;
for the review of an award of a transitional allowance;
that—are to be treated as having been days during which a person was, or would have been, entitled to an income-based jobseeker's allowance or income-related employment and support allowance.
days which were days of entitlement to income support or income-related employment and support allowance, and
such other days as may be specified in or determined in accordance with the regulations,
Subsections (3) to (5) of section 175 of the Social Security Contributions and Benefits Act 1992 (c. 4) (supplementary provisions in relation to powers to make subordinate legislation under that Act) apply in relation to the power to make regulations under this section as they apply to any power to make regulations under that Act.
The power to make regulations under this section is exercisable by statutory instrument.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—“income-based jobseeker's allowance” has the same meaning as in the Jobseekers Act 1995 (c. 18);“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (c. 5) (employment and support allowance);“transitional allowance” means an income-based jobseeker's allowance or income-related employment and support allowance.
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Abolition of income support
This section applies if, whether as a result of—the Secretary of State considers that it is no longer appropriate for any category of person to be prescribed under section 124(1)(e) of the Social Security Contributions and Benefits Act 1992 (c. 4) (conditions for income support).
provision made by or under any other enactment, or otherwise,
The Secretary of State may by order provide for section 124 of the Social Security Contributions and Benefits Act 1992 (which establishes the entitlement to income support) to cease to have effect.
If an order is made under subsection (2)—have effect in accordance with provision made by the order.
the amendments made by Schedule 2, and
the repeals in Part 1 of Schedule 7,
The Secretary of State may by order make such transitional or consequential provision or savings as the Secretary of State considers necessary or expedient for the purposes of or in connection with the abolition of income support (including provision of the kind mentioned in section 7(2)).
The consequential provision that may be made by an order under subsection (4) includes, in particular, provision amending, repealing or revoking—
any provision of any Act (whenever passed), or
any provision of any instrument made under any Act (whenever made).
In subsection (5) “Act” means—
an Act of Parliament,
an Act of the Scottish Parliament, or
a Measure or Act of the National Assembly for Wales.
Subsections (3) to (5) of section 175 of the Social Security Contributions and Benefits Act 1992 (c. 4) (supplementary provisions in relation to powers to make subordinate legislation under that Act) apply in relation to any power to make an order under this section as they apply to any power to make orders under that Act.
Any power to make an order under this section is exercisable by statutory instrument.
An order under subsection (2) may not be made unless a draft of the statutory instrument containing the order (whether alone or with other provision) has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument containing an order under subsection (4) is (unless a draft of it has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.
Work-related activity for claimants of employment and support allowance
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Jobseeker's allowance and employment and support allowance: drugs
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Contributory jobseeker's allowance and employment and support allowance
Section 2 of the Jobseekers Act 1995 (c. 18) (jobseeker's allowance: the contribution-based conditions) is amended as follows.
In subsection (2), for paragraph (b) substitute—
After that subsection insert—
In subsection (3A), for “subsections (2)(b) and (3)” substitute “ subsection (3) ”.
After that subsection insert—
Paragraph 1 of Schedule 1 to the Welfare Reform Act 2007 (c. 5) (employment and support allowance: conditions relating to national insurance) is amended as follows.
In sub-paragraph (1)(a) (Class 1 or Class 2 contributions to have been paid in respect of one of last three complete tax years), for “three” substitute “ two ”.
In sub-paragraph (1), for paragraph (c) substitute—
For sub-paragraphs (2) and (3) substitute—
In sub-paragraph (4)—
in paragraph (a), for “persons who” substitute,
in that paragraph, after “prescribed time” insert, and
in paragraph (b), for “so entitled” substitute “ entitled as mentioned in paragraph (a)(i) ”.
Disability living allowance
Section 73 of the Social Security Contributions and Benefits Act 1992 (c. 4) (mobility component of disability living allowance) is amended as follows.
In subsection (1), for paragraph (b) (together with the “or” at the end of it) substitute—.
In subsection (1A)(a), after “paragraph (a),” insert “ (ab), ”.
After subsection (1A) insert—
In subsection (11)(a), after “subsection (1)(a),” insert “ (ab), ”.
Abolition of adult dependency increases
The following provisions of the Social Security Contributions and Benefits Act 1992 (c. 4) (“the Benefits Act”) are omitted on 6 April 2010—
section 82 (maternity allowance: increase for adult dependants); and
section 90 (carer's allowance: increase for adult dependants).
Nothing in subsection (1) or Part 2 of Schedule 7 applies in relation to—
the amount of a maternity allowance payable for a maternity allowance period (within the meaning of section 35(2) of the Benefits Act) which begins before 6 April 2010 but ends on or after that date, or
the amount of a carer's allowance payable to a qualifying person at any time on or after 6 April 2010 but before the appropriate date.
In subsection (2)(b)—“a qualifying person” means a person who—has, before 6 April 2010, made a claim for an increase in a carer's allowance under section 90 of the Benefits Act; and immediately before that date is either entitled to the increase claimed or a beneficiary to whom section 92 of the Benefits Act applies in respect of that increase (continuation of awards where fluctuating earnings);“the appropriate date” means whichever is the earlier of—6 April 2020; and the date when the qualifying person ceases to be either entitled to that increase or a beneficiary to whom section 92 of the Benefits Act applies in respect of that increase.
External provider social loans and community care grants
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Payments on account
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Up-rating of benefits
In relation to the review under subsection (1) of section 150 of the Social Security Administration Act 1992 (annual up-rating of benefits) in the tax year ending with 5 April 2010, the other provisions of that section are to have effect as if—
after subsection (2) there were inserted—,
in subsection (5), after “(2)” there were inserted “ or (2A) ”, and
in subsection (6)—
after “(2)” there were inserted “ or (2A) ”, and
after “requires” there were inserted “ or authorises ”.
Benefit sanctions for offenders
Before section 7 of the Social Security Fraud Act 2001 (c. 11) (but after the italic heading immediately before that section) insert—
In Schedule 4—
Part 1 contains further amendments of the Social Security Fraud Act 2001 (c. 11), and
Part 2 contains related amendments of other Acts.
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In the Child Support, Pensions and Social Security Act 2000 (c. 19), omit sections 62 to 66 (loss of benefit for breach of community order).
Pilot schemes
The State Pension Credit Act 2002 (c. 16) is amended as follows.
Before section 19 (but after the italic heading immediately before that section) insert—
In section 19 (regulations and orders) after subsection (2) insert—
In section 29 of the Jobseekers Act 1995 (c. 18) (pilot schemes)—
in subsection (1), for “12 months” substitute “ 36 months ”, and
in subsection (8), for the words from “facilitate” to the end substitute “ make it more likely that persons will obtain or remain in work or be able to do so ”.
In section 19(1) of the Welfare Reform Act 2007 (c. 5) (pilot schemes), for “24 months” substitute “ 36 months ”.
Miscellaneous
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In Schedule 1 to the Jobseekers Act 1995 (supplementary provisions), after paragraph 14A insert—
In Schedule 2 to the Welfare Reform Act 2007 (c. 5) (employment and support allowance: supplementary provisions), after paragraph 10 insert—
In section 9 of the Jobseekers Act 1995 (c. 18) (the jobseeker's agreement), after subsection (4) insert—
In section 14 of the Welfare Reform Act 2007 (employment and support allowance: action plans in connection with work-focused interviews), at the end insert—
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In section 2A of the Social Security Administration Act 1992 (c. 5) (claim or full entitlement to certain benefits conditional on work-focused interview), after subsection (7) insert—
In section 2AA of that Act (full entitlement to certain benefits conditional on work-focused interview for partner), after subsection (6) insert—
In Schedule 1 to the Jobseekers Act 1995 (c. 18) (supplementary provisions relating to jobseeker's allowance), at the end insert—
In section 72 of the Welfare Reform and Pensions Act 1999 (c. 30) (supply of information for certain purposes)—
in subsection (1)(a) and (b), after “social security information” insert “ , or information relating to employment or training, ”, and
in subsection (7), for “purposes connected with employment or training includes purposes connected with” substitute “ information relating to, or purposes connected with, employment or training includes information relating to, or purposes connected with, ”.
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Sections 80 and 81 of the Benefits Act (which continue to have effect in certain cases despite their repeal by the Tax Credits Act 2002 (c. 21)) are to have effect as if the references in those sections to a child or children included references to a qualifying young person or persons.
“Qualifying young person” has the same meaning as in Part 9 of the Benefits Act.
In section 150(2) of the Benefits Act (interpretation of Part 10: Christmas bonus), in the definition of “qualifying employment and support allowance”, for “an employment and support allowance” substitute “ a contributory allowance ”.
Despite the provision made by the Welfare Reform Act 2007 (Commencement No. 6 and Consequential Provisions) Order 2008 (S.I. 2008/ 787), paragraph 9(7) and (8) of Schedule 3 to the Welfare Reform Act 2007 (c. 5) (which amend sections 88 and 89 of the Benefits Act) are deemed not to be in force by virtue of the provision made by that order at any time after the passing of this Act.
In this section “the Benefits Act” means the Social Security Contributions and Benefits Act 1992 (c. 4).
Disabled people: right to control provision of services
Introductory
The purpose of this Part is to enable disabled people aged 18 or over to exercise greater choice in relation to, and greater control over, the way in which relevant services (as defined by section 39) are provided to or for them, in cases where the provision of the relevant services is a function of a relevant authority (as defined by section 40).
In this Part “relevant services” means services—
which are provided to or for the benefit of a disabled person (“P”) (whether or not in connection with P's disability), and
which relate to one or more of the following matters.
Those matters are—
the provision of further education for P;
facilitating the undertaking by P of further education or higher education;
the provision of training for P;
securing employment for P;
facilitating P's continued employment;
enabling P to live independently or more independently in P's home;
the provision of residential accommodation for P;
enabling P to overcome barriers to participation in society.
Relevant services also include the provision by or on behalf of a relevant authority to or for the benefit of a disabled person of grants or loans relating to one or more of the matters mentioned in subsection (2).
Relevant services do not include excluded services (provision as to direct payments relating to excluded services being made by other legislation).
In relation to England and Wales, the following are excluded services—
community care services,
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services provided under section 17 of the Children Act 1989 (c. 41) (provision of services for children in need, their families and others) or sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014 (meeting care and support needs of children) .
In relation to Scotland, the following are excluded services—
community care services, and
services provided under section 22(1) of the Children (Scotland) Act 1995 (c. 36) (promotion of welfare of children in need).
In this section “further education” and “higher education”—
in relation to England and Wales, have the same meaning as in the Education Act 1996 (c. 56);
in relation to Scotland, have the same meaning as in the Further and Higher Education (Scotland) Act 1992 (c. 37).
In this Part “relevant authority” means—
a Minister of the Crown or government department;
the Scottish Ministers;
the Welsh Ministers;
a local authority;
a person or body whose functions are exercised on behalf of the Crown;
any other body which meets conditions A and B below.
Condition A is that the body is established by virtue of Her Majesty's prerogative or by an enactment or is established in any other way by a Minister of the Crown acting as such or by a government department.
Condition B is that the body's revenues derive wholly or mainly from public funds.
In subsection (1)(d) “local authority” means—
a local authority within the meaning of the Local Government Act 1972 (c. 70),
a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),
the Greater London Authority,
the Common Council of the City of London in its capacity as a local authority, or
the Council of the Isles of Scilly.
In subsection (2) “Minister of the Crown” includes the Scottish Ministers and the Welsh Ministers.
Power to make regulations
The appropriate authority (as defined by section 45) may by regulations made by statutory instrument make any provision that would in the opinion of the authority making the regulations serve the purpose of this Part.
Regulations under this section may, in particular, make provision for and in connection with requiring a relevant authority to take the following steps in relation to a disabled person (“P”) for whom it is obliged, or has decided, to provide, or arrange the provision of, relevant services—
to inform P of the right to control conferred by virtue of the regulations, of the value of the relevant services to which P is entitled and of the choices available to P by virtue of the regulations;
to work with P to determine the outcomes to be achieved by the provision of the relevant services;
to work with P to prepare a plan (a “support plan”) setting out how those outcomes will be achieved;
to work with P to review and revise the support plan in prescribed circumstances;
if P so requests, to make payments to P in respect of P securing the provision of an equivalent service;
to the extent that P chooses to receive relevant services provided or arranged by the relevant authority, to provide, or arrange for them to be provided, in accordance with P's support plan as far as it is reasonably practicable to do so.
Regulations under this section may also—
specify who is or is not to be treated as a disabled person for any purpose of the regulations;
make provision about the circumstances in which a relevant authority is to be taken to have decided to provide a relevant service to a person;
make provision as to matters to which a relevant authority must, or may, have regard when making a decision for the purposes of a provision of the regulations;
make provision as to steps which a relevant authority must, or may, take before, or after, the relevant authority makes a decision for the purposes of a provision of the regulations (including provision requiring the relevant authority to review its decision).
Regulations under this section may enable or require the disclosure of information by one relevant authority to another for prescribed purposes of the regulations.
Regulations under this section may, for the purpose of this Part—
vary the conditions attached to any power of a relevant authority to provide financial assistance to disabled people;
vary the conditions attached to any power of a relevant authority to provide financial assistance to another relevant authority in connection with the provision of relevant services to disabled people by the other authority.
Regulations under this section may require a relevant authority exercising any function under the regulations to have regard to any guidance given from time to time by the appropriate authority.
In this section “direct payments regulations” means regulations under section 41 making provision by virtue of subsection (2)(e) of that section and “direct payments” means payments made by a relevant authority under the regulations.
Direct payments regulations relating to a relevant service (“the qualifying service”) of a relevant authority (“the providing authority”) may in particular—
specify circumstances in which the providing authority is or is not required to comply with a request for direct payments to be made under the regulations, whether those circumstances relate to the disabled person or to the qualifying service;
make provision about the manner in which a request for direct payments is to be made;
make provision enabling a disabled person to require a providing authority to assess the amount of the payments to which the person would be entitled if the person were to request the authority to make them;
enable a disabled person to require a providing authority to comply with a request to provide direct payments in place of the qualifying service (or its provision at certain times or in certain circumstances) while providing, or continuing to provide, other relevant services (or providing, or continuing to provide, the qualifying service at other times or in other circumstances);
make provision displacing functions or obligations of the providing authority with respect to the provision of the qualifying service (whether arising under any enactment, under any trust or otherwise) to such extent and subject to such conditions as may be prescribed.
Direct payments regulations must include provision excluding any duty of a providing authority to comply with a request for direct payments, or a class of such requests, if compliance with the request, or with requests falling within that class, would in all the circumstances impose an unreasonable financial burden on the providing authority.
Direct payments regulations may—
make provision for and in connection with requiring or authorising the providing authority to make direct payments to the disabled person or such other person as the authority may determine (“the payee”) in accordance with the regulations in respect of the person securing the provision of the equivalent service;
make provision as to the conditions falling to be complied with by the payee in relation to the direct payments;
prescribe circumstances in which the providing authority may or must terminate the making of direct payments;
prescribe circumstances in which the providing authority may require repayment (whether by the payee or otherwise) of the whole or any part of the direct payments;
make provision for any sum falling to be paid or repaid to the providing authority by virtue of any condition or other requirement imposed in pursuance of the regulations to be recoverable as a debt due to the authority;
prescribe circumstances in which any sum is to cease to be payable by virtue of paragraph (d);
make provision authorising direct payments to be made to a prescribed person on behalf of the disabled person.
For the purposes of subsection (4)(b), the conditions that are to be taken to be conditions in relation to direct payments include, in particular, conditions relating to—
what is or is not to be regarded as an equivalent service,
the securing of the provision of the equivalent service,
the provider of the service,
the person to whom the payments are made in respect of the provision of the service, or
the provision of the service.
Regulations under section 41 may make provision for and in connection with enabling any request or consent for the purposes of the regulations (including any request or consent relating to payments by virtue of subsection (2)(e) of that section) to be made or given on behalf of a disabled person who falls within subsection (2) by a person of a prescribed description.
A person falls within this subsection—
in relation to England and Wales, if the person lacks capacity, within the meaning of the Mental Capacity Act 2005 (c. 9), in relation to the decision concerned, and
in relation to Scotland, if the person is incapable, within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4), in relation to that decision.
Regulations to which this subsection applies may be made so as to have effect for a specified period not exceeding 36 months.
Subsection (1) applies to regulations under section 41 that are made with a view to ascertaining—
the extent to which their provisions contribute to achieving the purpose of this Part,
the extent of any beneficial effects on the lives of the disabled people affected, and
the extent of any financial burden imposed on the relevant authorities to which the regulations relate.
Regulations which, by virtue of subsection (1), are to have effect for a limited period are referred to in this section as a “pilot scheme”.
Subsections (6)(a) and (7)(a) of section 39 do not restrict the power to make a pilot scheme; and accordingly a pilot scheme may relate to community care services.
A pilot scheme may provide that its provisions are to apply only in relation to—
one or more specified areas;
one or more specified classes of person;
persons selected—
by reference to prescribed criteria, or
on a sampling basis.
A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.
A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.
The appropriate authority which made a pilot scheme must prepare and publish a report on the operation of the scheme.
Supplementary
Subsection (2) has effect to determine the appropriate authority by which regulations under section 41 may be made.
The Secretary of State is the appropriate authority, except that—
in relation to provision that would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, the Scottish Ministers are the appropriate authority,
in relation to provision that would be within the legislative competence of the National Assembly for Wales if it were included in an Act of the Assembly, the Welsh Ministers are the appropriate authority,
in relation to provision that does not fall within paragraph (b) and relates to relevant services in Wales with respect to which functions are exercisable—the Secretary of State or the Welsh Ministers are the appropriate authority, and
by a Minister of the Crown, and
by the Welsh Ministers, the First Minister or the Counsel General,
in relation to provision that does not fall within paragraph (b) or (c) and relates to relevant services in Wales with respect to which functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General, the Welsh Ministers are the appropriate authority.
Any power of the Secretary of State to make regulations under section 41—
is exercisable only with the consent of the Treasury; and
does not include power to make provision—
removing or modifying any function of the Welsh Ministers, the First Minister or the Counsel General, or
conferring or imposing any function on the Welsh Ministers, the First Minister or the Counsel General.
Any power of the Welsh Ministers to make regulations under section 41 by virtue of subsection (2)(c) or (d) does not include power to make provision—
removing or modifying any function of a Minister of the Crown, or
conferring or imposing any function on a Minister of the Crown.
In this section—“the Assembly Act provisions” has the meaning given by section 103(8) of the Government of Wales Act 2006 (c. 32);“the Counsel General” means the Counsel General to the Welsh Assembly Government;“the First Minister” means the First Minister for Wales;“Minister of the Crown” includes the Treasury.
Any power to make regulations under section 41 may be exercised—
in relation to all cases to which it extends,
in relation to those cases subject to specified exceptions, or
in relation to any specified cases or classes of case.
Any such power may be exercised so as to make, as respects the cases in relation to which it is exercised—
the full provision to which the power extends or any less provision (whether by way of exception or otherwise);
the same provision for all cases in relation to which it is exercised, or different provision for different cases or different classes of case or different provision as respect the same case or class of case for different purposes;
any such provision either unconditionally or subject to any specified condition.
Where any such power is expressed to be exercisable for alternative purposes, it may be exercised in relation to the same case for all or any of those purposes.
Any such power includes power—
to make such incidental, supplementary, consequential or saving provision as the authority making the regulations considers to be necessary or expedient;
to provide for a person to exercise a discretion in dealing with any matter;
to amend or repeal an enactment whenever passed or made.
Before laying before Parliament (or the Scottish Parliament or the National Assembly for Wales) a draft of a statutory instrument containing regulations under section 41, the appropriate authority must—
publish draft regulations in such manner as it thinks fit, and
invite representations to be made to it about the draft, during a specified period of not less than 12 weeks, by persons appearing to it to be affected by the proposals.
In this section “the appropriate authority” is to be read in accordance with section 45(2).
An order under this subsection may repeal section 39(6)(a).
The power to make an order under subsection (1) is exercisable—
in relation to England, by the Secretary of State with the consent of the Treasury, and
in relation to Wales, by the Welsh Ministers.
The power of the Secretary of State to make an order under subsection (1) is exercisable only if—
the Secretary of State has previously made a pilot scheme that relates to community care services, and has in accordance with section 44(8) published a report on the operation of the pilot scheme, or
the Secretary of State has previously given directions under a relevant enactment with a view to enabling disabled people to exercise (either in England generally or in a specified area or areas) greater choice in relation to, and greater control over, the way in which community care services are provided to or for them.
In subsection (3)—
“pilot scheme” has the meaning given by section 44(3);
“relevant enactment” means—
section 7A of the Local Authority Social Services Act 1970 (directions by Secretary of State as to exercise of social services functions), or
section 47(4) of the National Health Service and Community Care Act 1990 (directions by Secretary of State in relation to assessment of needs for community care services).
The Scottish Ministers may by order repeal section 39(7)(a).
The power to make an order under subsection (1) or (5) is exercisable by statutory instrument.
In this Part—“community care services” means—in relation to England, services under Part 1 of the Care Act 2014 or section 117 of the Mental Health Act 1983; in relation to Wales, services under Part 4 of the Social Services and Well-being (Wales) Act 2014 or section 117 of the Mental Health Act 1983; in relation to Scotland, community care services as defined by section 12A(8) of the Social Work (Scotland) Act 1968 (c. 49);“employment” includes self-employment;“enactment” means an enactment contained in, or in an instrument made under—an Act of Parliament, an Act of the Scottish Parliament, or a Measure or Act of the National Assembly for Wales;“prescribed” means specified in, or determined in accordance with, regulations under section 41;“relevant authority” has the meaning given by section 40;“relevant services” has the meaning given by section 39.
Child maintenance
The Child Support Act 1991 (c. 48) is amended as follows.
In section 39B (disqualification for holding or obtaining travel authorisation)—
in subsection (1), for “The Secretary of State may apply to the court for an order under this section” substitute “ The Secretary of State may make an order under this section (referred to in this section and sections 39C to 39F as a ”disqualification order “)”, and
for subsections (3) to (13) substitute—
In section 39C (period for which orders under section 39B are to have effect), for subsection (1) substitute—
After that section insert—
After section 39D insert—
Schedule 5 contains consequential amendments and other amendments related to the provision made by this section.
The Secretary of State must—within 6 months from the end of the review period.
prepare the report, and
lay it before Parliament,
The continued effect of the driving licence amendments depends on whether the Secretary of State makes an order under this subsection within the relevant period providing for those provisions to continue to have effect.
“The relevant period” means the period of 30 days beginning with the day on which the report is laid before Parliament; and, in reckoning this period, no account is to be taken of any time during which Parliament—
is dissolved or prorogued, or
is adjourned for more than 4 days.
If no order is made as mentioned in subsection (4), the Secretary of State must instead make an order under this subsection containing such amendments of the 1991 Act as the Secretary of State considers necessary to secure that the effect of the driving licence amendments is reversed.
The effect of the driving licence amendments is to be regarded as reversed if the 1991 Act is amended so that it has the same effect in relation to the disqualification of any person for holding or obtaining a driving licence as it would have had if this Act had not been passed.
An order under subsection (6) may contain consequential provision and transitional provision or savings.
The consequential provision that may be made by an order under subsection (6) includes, in particular, provision amending, repealing or revoking—
any provision of any Act passed before the making of the order, or
any provision of any instrument made under any Act before the making of the order.
Any power to make an order under this section is exercisable by statutory instrument.
An order under subsection (4) may not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument containing an order under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—“the 1991 Act” means the Child Support Act 1991 (c. 48);“driving licence” has the same meaning as in section 39B of the 1991 Act;“the driving licence amendments” means the amendments of the 1991 Act made by section 51 and Schedule 5 so far as relating to the disqualification of any person for holding or obtaining a driving licence.
The Secretary of State must—within 6 months from the end of the review period.
prepare the report, and
lay it before Parliament,
The continued effect of the passport amendments depends on whether the Secretary of State makes an order under this subsection within the relevant period providing for those amendments to continue to have effect.
“The relevant period” means the period of 30 days beginning with the day on which the report is laid before Parliament; and, in reckoning this period, no account is to be taken of any time during which Parliament—
is dissolved or prorogued, or
is adjourned for more than 4 days.
If no order is made as mentioned in subsection (4), the Secretary of State must instead make an order under this subsection containing such amendments of the 1991 Act as the Secretary of State considers necessary to secure that the effect of the passport amendments is reversed.
The effect of the passport amendments is to be regarded as reversed if the 1991 Act is amended so that it has the same effect in relation to the disqualification of any person for holding or obtaining a United Kingdom passport as it would have had if this Act had not been passed.
An order under subsection (6) may contain consequential provision and transitional provision or savings.
The consequential provision that may be made by an order under subsection (6) includes, in particular, provision amending, repealing or revoking—
any provision of any Act passed before the making of the order, or
any provision of any instrument made under any Act before the making of the order.
Any power to make an order under this section is exercisable by statutory instrument.
An order under subsection (4) may not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument containing an order under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—“the 1991 Act” means the Child Support Act 1991 (c. 48);“the passport amendments” means the amendments of the 1991 Act made by section 51 and Schedule 5 so far as relating to the disqualification of any person for holding or obtaining a United Kingdom passport;“United Kingdom passport” has the same meaning as in the Immigration Act 1971 (see section 33(1)).......
Section 29 of the Child Support Act 1991 (collection of child support maintenance) is amended as follows.
In subsection (3) (provision which may be made by regulations for payment of child support maintenance), for paragraph (c) substitute—.
After that subsection insert—
Section 14A of the Child Support Act 1991 (offences relating to information) is amended as follows.
For subsection (3A) substitute—
After subsection (5) insert—
Birth registration
Schedule 6 contains—
amendments of the Births and Deaths Registration Act 1953 (c. 20) relating to the registration of the births of children whose parents are neither married to each other nor civil partners of each other,
amendments of that Act relating to the late registration of births, and
related amendments of other legislation.
General
The Secretary of State may by regulations made by statutory instrument make such provision amending or revoking any instrument made under any other Act before the passing of this Act as appears to the Secretary of State to be appropriate in consequence of any provision of this Act, other than a provision contained in Part 2.
Regulations under this section may include—
transitional provisions or savings, and
provision conferring a discretion on any person.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
Schedule 7 contains repeals and revocations.
The following repeals and revocation in Part 2 of that Schedule (which are made in consequence of section 15(1)) have effect on 6 April 2010—
the repeals in the Social Security Contributions and Benefits Act 1992 (c. 4) other than those of sections 88, 89, 91 and 92;
the repeal of paragraph 24 of Schedule 2 to the Jobseekers Act 1995 (c. 18);
the repeals in the Welfare Reform and Pensions Act 1999 (c. 30), the Tax Credits Act 2002 (c. 21), the Civil Partnership Act 2004 (c. 33) and the Child Benefit Act 2005 (c. 6); and
the revocation in the Regulatory Reform (Carer's Allowance) Order 2002 (S.I. 2002/ 1457).
The repeal in that Part of paragraph 9 of Part 4 of Schedule 4 to the Social Security Contributions and Benefits Act 1992 is not to be taken as affecting the operation of article 3 of the Tax Credits Act 2002 (Commencement No. 3 and Transitional Provisions and Savings) Order 2003 (S.I. 2003/ 938) (savings in relation to the abolition of child dependency increases).
There is to be paid out of money provided by Parliament—
any expenditure incurred in consequence of this Act by a Minister of the Crown, a government department or the Registrar General for England and Wales, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
There is to be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other Act.
Subject to subsection (4), the other provisions of this Act extend to England and Wales and Scotland only.
Any amendment, repeal or revocation made by this Act has the same extent as the enactment to which it relates.
Subsection (4) is subject to paragraph 20(2) of Schedule 6.
The other provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
An order under subsection (3) may—
appoint different days for different purposes and in relation to different areas;
make such provision as the Secretary of State considers necessary or expedient for transitory, transitional or saving purposes in connection with the coming into force of any provision falling within that subsection.
Before making an order under subsection (3) in relation to any provision of Part 1 of Schedule 6 (birth registration), the Secretary of State must consult the Registrar General for England and Wales.
This Act may be cited as the Welfare Reform Act 2009.
Amendments connected to section 4
Amendments of Jobseekers Act 1995
Introduction
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Work-focused interviews etc.
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Directions given by officers of the Secretary of State etc.
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Other amendments
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Amendments of other Acts
Social Security Administration Act 1992 (c. 5)
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Social Security Act 1998 (c. 14)
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Welfare Reform Act 2007 (c. 5)
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Abolition of income support: consequential amendments
Magistrates' Courts Act 1980 (c. 43)
In sections 89(2A) and 90(3A) of the Magistrates' Courts Act 1980 (transfer of fine order), for “income support” substitute “ jobseeker's allowance etc ”.
Criminal Justice Act 1991 (c. 53)
In section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from income support), in the title, for “income support” substitute “ jobseeker's allowance etc ”.
Social Security Administration Act 1992 (c. 5)
In section 74 of the Social Security Administration Act 1992 (income support and other payments), in the title, for “Income support” substitute “ Income-based jobseeker's allowance ”.
Local Government Finance Act 1992 (c. 14)
In paragraph 12(1) of Schedule 4 to the Local Government Finance Act 1992 (enforcement: relationship between remedies)—
in paragraph (b), for “income support” substitute “ jobseeker's allowance payable to any person whose claim to the allowance is based on meeting condition B in section 1A of the Jobseekers Act 1995 ”, and
in paragraph (d), for “income support” substitute “ jobseeker's allowance payable as mentioned in paragraph (b) ”.
Jobseekers Act 1995 (c. 18)
The Jobseekers Act 1995 is amended as follows.
In section 2(1) (the contribution-based conditions), at the end of paragraph (b) insert “ and ”.
In section 3A(1)(c) (the conditions for claims by joint-claim couples), for “any such family” substitute “ a family of which the couple are members ”.
Immigration and Asylum Act 1999 (c. 33)
In section 97(5) of the Immigration and Asylum Act 1999 (persons for whom support may be provided: supplemental), for paragraph (a) (together with the “or” at the end of it) substitute—.
Social Security Fraud Act 2001 (c. 11)
The Social Security Fraud Act 2001 is amended as follows.
In section 6B(5) (loss of benefit in case of conviction, penalty or caution for benefit offence), which is inserted by section 24 of this Act, for “subsections (6)” substitute “ subsections (7) ”.
In section 7(2) (loss of benefit for commission of benefit offences), for “subsections (3)” substitute “ subsections (4) ”.
Courts Act 2003 (c. 39)
The Courts Act 2003 is amended as follows.
In paragraph 10(a) of Schedule 5 (applications for benefit deductions), for “income support” substitute “ jobseeker's allowance ”.
In paragraph 2(1)(a)(v) of Schedule 6 (discharge of fines by unpaid work), for “income support” substitute “ jobseeker's allowance ”.
Child Trust Funds Act 2004 (c. 6)
In section 9(8)(a) of the Child Trust Funds Act 2004 (supplementary contribution by HMRC), for “income support, or income-based jobseeker's allowance,” substitute “ income-based jobseeker's allowance ”.
Age-Related Payments Act 2004 (c. 10)
In section 2(3)(b) of the Age-Related Payments Act 2004 (entitlement: basic cases), at the end of sub-paragraph (i) insert “ or ”.
Welfare Reform Act 2007 (c. 5)
In paragraph 11 of Schedule 4 to the Welfare Reform Act 2007 (transition relating to Part 1 of Act), after the definition of “incapacity benefit” insert—.
Claimants dependent on drugs etc.
Jobseeker's allowance
Requirements imposed on claimants dependent on drugs etc.
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Consequential amendments
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Report on initial operation of drugs provisions
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Employment and support allowance
Requirements imposed on persons dependent on drugs etc.
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Consequential amendments
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Report on the initial operation of drugs provisions
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Loss of benefit provisions: further amendments
Further amendments of Social Security Fraud Act 2001
In this Part of this Schedule “the 2001 Act” means the Social Security Fraud Act 2001 (c. 11).
Section 7 of the 2001 Act (loss of benefit for commission of benefit offences) is amended as follows.
In subsection (8)—
after the definition of “benefit offence” insert—, and
omit the definitions of “disqualifying benefit” and “sanctionable benefit”.
In subsection (9)—
in paragraph (a), after “sentenced)” insert “ or in the case mentioned in paragraph (b)(ii) the date of the order for absolute discharge ”, and
for paragraph (b) substitute—.
Omit subsection (11).
In the heading, for “commission of benefit offences” substitute “ second or subsequent conviction of benefit offence ”.
Section 8 of the 2001 Act (effect of offence on joint-claim jobseeker's allowance) is amended as follows.
In subsection (1)(b), for “the restriction in subsection (2) of section 7” substitute “ an offence-related restriction ”.
After subsection (1) insert—
In subsection (2)—
for “the disqualification period” substitute “ the relevant period ”,
in paragraph (a), for “the restriction in subsection (2) of section 7” substitute “ an offence-related restriction ”, and
in paragraph (b), for “that restriction” substitute “ an offence-related restriction ”.
In subsection (3)—
for “the disqualification period” substitute “ the relevant period ”, and
in paragraph (b), for “convictions section 7” substitute “ conduct section 6B or 7 ”.
In subsection (4), for “the disqualification period” substitute “ the relevant period ”.
After subsection (6) insert—
Section 9 of the 2001 Act (effect of offence on benefits for members of offender's family) is amended as follows.
In subsection (2)(b), for “section 7” substitute “ section 6B or 7 ”.
After subsection (6) insert—
Section 10 of the 2001 Act (power to supplement and mitigate loss of benefit provisions) is amended as follows.
In subsection (2), after “section” insert “ 6B, ”.
Section 11 of the 2001 Act (loss of benefit regulations) is amended as follows.
In subsection (3)—
in paragraph (a), after “section” insert “ 6B or ”,
in paragraph (b), after “section” insert “ 6B(6), ”, and
in paragraph (c), after “section” insert “ 6B(7), (8), (9) or (10), ”.
After the definition of “benefit” insert—.
Omit the definitions of “disqualification period” and “post-commencement offence”.
In the definition of “sanctionable benefit”, for “section 7(8)” substitute “ section 6A(1) ”.
In section 21(2) of the of the 2001 Act (extent), after “sections 5(2),” insert “ 6A, 6B and 6C ”.
Related amendments of other Acts
Social Security Administration Act 1992 (c. 5)
In section 170 of the Social Security Administration Act 1992 (functions of Social Security Advisory Committee in relation to the relevant enactments and the relevant Northern Ireland enactments), in subsection (5)—
Social Security Act 1998 (c. 14)
In paragraph 3 of Schedule 3 to the Social Security Act 1998 (decisions against which an appeal lies), in paragraph (f), after “section” insert “ 6B, ”.
Section 51: consequential amendments etc.
Child Support Act 1991 (c. 48)
The Child Support Act 1991 is amended as follows.
In section 39B (disqualification for holding or obtaining travel authorisation), in the title, after “obtaining” insert “ driving licence or ”.
Section 39C (period for which orders under section 39B are to have effect) is amended as follows.
In subsection (2)—
for “an order under section 39B, the court” substitute “ a disqualification order, the Secretary of State ”, and
for “as the court” substitute “ as the Secretary of State ”.
In subsection (3)—
for “such an order the court” substitute “ a disqualification order, the Secretary of State ”, and
for “as the court” substitute “ as the Secretary of State ”.
In subsection (4)—
for “court” (in both places) substitute “ Secretary of State ”, and
in paragraph (a), for “the order under section 39B” substitute “ the disqualification order ”.
In subsection (5)—
for “application under section 39B” substitute “ disqualification order ”, and
for “an order under that section” substitute “ a previous disqualification order ”.
In the title, for “orders under section 39B” substitute “ disqualification orders ”.
In section 39D (power to order search), for subsections (1) and (2) substitute—
Section 39E (variation and revocation of orders following payment) is amended as follows.
In subsection (1)—
for “an order under section 39B” substitute “ a disqualification order ”,
for “court” substitute “ Secretary of State ”,
omit “the Secretary of State or”, and
in paragraphs (a) and (b), for “the order under section 39B” substitute “ the disqualification order ”.
After that subsection insert—
In subsection (2)—
for “an order under section 39B” substitute “ a disqualification order ”,
for “court” substitute “ Secretary of State ”,
omit “the Secretary of State or”, and
for “the order under section 39B” substitute “ the disqualification order ”.
Omit subsections (3) to (5).
For section 39F substitute—
Omit section 39G (application of sections 39B and 39F to Scotland).
Omit section 40B (disqualification for holding or obtaining driving licence).
In section 52(2A)(b) (regulations and orders: affirmative resolution procedure), after “under section” insert “ 39CA(4), 39CB(3)(b), ”.
Child Maintenance and Other Payments Act 2008 (c. 6)
Registration of births
Amendments of Births and Deaths Registration Act 1953
In this Schedule “the 1953 Act” means the Births and Deaths Registration Act 1953 (c. 20).
Section 1 of the 1953 Act (particulars of births required to be registered) is amended as follows.
In subsection (2), for paragraph (a) substitute—.
For subsection (3) substitute—
After subsection (3) insert—
Section 2 of the 1953 Act (information concerning birth to be given to registrar within 42 days) is amended as follows.
In subsection (1), after “every birth” insert “ of a child whose father and mother were married to, or civil partners of, each other at the time of the child's birth ”.
In subsection (2), for “subsection (1)” substitute “ subsection (1)(a) and (b) ”.
In the title, for the words from “to be given” onwards substitute “ of child whose parents are married or civil partners”.
After section 2 of the 1953 Act insert—
In section 4 of the 1953 Act (registrar's power to require information concerning birth), in paragraph (a), for “three months” substitute “ 12 months ”.
In section 5 of the 1953 Act (registration of births free of charge) for “three months” substitute “ 12 months ”.
Omit section 6 of the 1953 Act (which makes special provision about registration between 3 and 12 months from the date of birth).
In section 7 of the 1953 Act (registration after twelve months from date of birth) omit subsection (3) (which excludes still-births).
In section 8 of the 1953 Act (penalty for improper registration after 3 months from date of birth)—
for “the two last foregoing sections” substitute “ section 7 ”, and
for “three months” (both in the section and in the title) substitute “ 12 months ”.
Section 9 of the 1953 Act (giving of information to a person other than the registrar) is amended as follows.
After subsection (3) insert—
After subsection (5) insert—
Section 10 of the 1953 Act (registration of father ... or of second female parent where parents not married or civil partners) is amended as follows.
In subsection (1)—
for the words from the beginning to “the registrar” substitute “ In the case of a child whose father and mother were not married to, or civil partners of, each other at the time of the child's birth, no person shall as father of the child be required to give information concerning the birth of the child except by virtue of regulations under section 2C or 2E, and the registrar ”,
in paragraph (b) for sub-paragraph (ii) substitute—,
in paragraph (c) for sub-paragraph (ii) substitute—, and
at the end of paragraph (g) insert.
In subsection (1B)—
for the words from the beginning to “that section” substitute “ In the case of a child to whom section 1(3) of the Family Law Reform Act 1987 does not apply, no woman shall as parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 be required to give information concerning the birth of the child except by virtue of regulations under section 2C, and the registrar shall not enter the name of any woman as a parent of the child by virtue of that section ”,
in paragraph (b) for sub-paragraph (ii) substitute—,
in paragraph (c) for sub-paragraph (ii) substitute—, and
at the end of paragraph (f) insert.
After subsection (1B) insert—
In subsections (2)(b) and (2A)(b), for “section 2” substitute “ section 2A ”.
Omit subsection (3).
Section 10A of the 1953 Act (Re-registration where parents neither married nor civil partners) is amended as follows.
In subsection (1)—
in paragraph (b) for sub-paragraph (ii) substitute—,
in paragraph (c) for sub-paragraph (ii) substitute—.
In subsection (1B)—
in paragraph (b) for sub-paragraph (ii) substitute—,
in paragraph (c) for sub-paragraph (ii) substitute—.
In subsection (2), omit paragraph (d) (requirement for signature by superintendent registrar where re-registration takes place more than 3 months after the birth) and the word “and” immediately before it.
After section 10A of the 1953 Act insert—
In section 34 of the 1953 Act (entry in register as evidence of birth or death), in subsection (3), for paragraph (a) substitute—.
In section 36 of the 1953 Act (penalties for failure to give information) after paragraph (a) insert—.
In section 39 of the 1953 Act (regulations), in paragraph (a), for “this Act” substitute “ any provision of this Act other than sections 2B(1), (4) and (6), 2C, 2D, 2E, 10B and 10C ”.
After section 39 of the 1953 Act insert—
In section 41 of the 1953 Act (interpretation), in the definition of “prescribed”, after “ “prescribed””, insert “ (except in sections 2B(1), (4) and (6), 2C, 2D, 2E, 10B and 10C) ”.
Other amendments
Perjury Act 1911 (c. 6)
In section 4 of the Perjury Act 1911 (false statements, etc, as to births or deaths) after subsection (1) insert—
Population (Statistics) Act 1938 (c. 12)
In the Schedule to the Population (Statistics) Act 1938 (particulars which may be required on registration of a birth), in paragraph 1—
for paragraph (a) substitute—.
for paragraph (c) substitute—
This paragraph does not extend to Scotland.
Children Act 1989 (c. 41)
Section 4 of the Children Act 1989 (acquisition of parental responsibility by father) is amended as follows.
At the beginning of subsection (1)(a) insert “ except where subsection (1C) applies, ”.
In subsection (1A), after paragraph (a) insert—.
After subsection (1B) insert—
Section 4ZA of the Children Act 1989 (acquisition of parental responsibility by second female parent) is amended as follows.
At the beginning of subsection (1)(a) insert “ except where subsection (3A) applies, ”.
In subsection (2), after paragraph (a) insert—.
After subsection (3) insert—
Child Support Act 1991 (c. 48)
In section 26 of the Child Support Act 1991 (disputes about parentage), in subsection (2), in Case A2, in paragraph (b), after “10 or 10A of” insert “ , or regulations made under section 2C, 2D, 2E, 10B or 10C of, ”.
Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))
In Article 27 of the Child Support (Northern Ireland) Order 1991 (disputes about parentage), in paragraph (2), in Case A2, in paragraph (b), after “10 or 10A of” insert “ , or regulations made under section 2C, 2D, 2E, 10B or 10C of, ”.
Children (Scotland) Act 1995 (c. 36)
In section 3 of the Children (Scotland) Act 1995 (provisions relating both to parental responsibilities and parental rights), in subsection (3A), after paragraph (b) insert—.
Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))
Article 7 of the Children (Northern Ireland) Order 1995 (acquisition of parental responsibility) is amended as follows.
In paragraph (2A) for the “or” at the end of paragraph (b) substitute—.
In paragraph (2B), for the “or” at the end of paragraph (b) substitute—.
Repeals and revocations
Abolition of income support
In section 4—subsection (1)(d), and in subsection (2), the words “or the said section 106”.
In section 9—subsection (1)(d), and in subsection (2), the words “or the said section 106”.
In section 24—in subsections (1) and (2)(d), the words “income support,”, and in subsection (4), the definition of “income support”.
In section 15A—in subsection (1), the words “income support,” in each place, and in subsection (4), in the definition of “qualifying associate”, the words “income support,” and, in the definition of “relevant benefits”, paragraph (b).
In section 74—in subsections (1)(b), (2)(b) and (3)(b)(i) and (ii), the words “income support,”, in subsection (3)(c), the words “the income support or”, and in subsection (3), in the words following paragraph (c), the words “income support” and the words “the income support or”.
In section 3—in subsection (1)(b), the words “income support,”, subsection (1)(c), and in subsection (1A)(a), the word “(c),”.
In section 26—in subsection (1), the words “or to income support”, in subsection (3), the words “or (as the case may be) income support”, in subsection (4)(d), the words “and periods of entitlement to income support”, in subsection (4)(e), the words “wholly by way of income support or”, and in subsection (4)(l), the words “or to income support”.
In Schedule 2—paragraph 6(b)(i), and in paragraph 7, the words “income support or” and the words “160(2) or”.
Abolition of adult dependency increases
Social security: other repeals and revocations
In section 170(5)—in paragraph (ae) of the definition of “the relevant enactments”, the word “60,”, in paragraph (af) of the definition of “the relevant enactments”, the words “, sections 62 to 65”, in paragraph (ae) of the definition of “the relevant Northern Ireland enactments”, the word “60,”, and in paragraph (af) of the definition of “the relevant Northern Ireland enactments”, the words “62 to 65,”.
In section 7—in subsection (8), the definitions of “disqualifying benefit” and “sanctionable benefit”, and subsection (11).
Child maintenance
In section 39E—in subsections (1) and (2), the words “the Commission or”, and subsections (3) to (5).
Birth registration