Search Legislation

Health and Social Care Act 2008

Status:

This is the original version (as it was originally enacted).

England, Wales and Scotland

131Entitlement: Great Britain

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

Part 8AHealth in pregnancy grant
140AEntitlement

(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”).

(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;

(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.

(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 Treasury.

140BAmount

(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.

132Administration: 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—

(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—

Health in pregnancy grant
12ANecessity 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.

(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 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 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 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.

(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 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 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.

133Penalty: Great Britain

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

113CHealth 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 3AHealth 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

(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.

(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 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,

(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 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

(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 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.).

(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

3The 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 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.

Recovery

5A 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.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources