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Welfare Reform Act 2009

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E+W+S+N.I.

Welfare Reform Act 2009

2009 CHAPTER 24

An Act to amend the law relating to social security; to make provision enabling disabled people to be given greater control over the way in which certain public services are provided for them; to amend the law relating to child support; to make provision about the registration of births; and for connected purposes.

[12th November 2009]

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:—

Part 1 E+W+S+N.I.Social security

“Work for your benefit” schemes etc.E+W+S

1Schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.E+W+S

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 1(1)-(3) repealed (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 4; S.I. 2013/983, art. 7(1)(e) (with art. 7(2)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)

Revised system of working-age benefitsE+W+S

2Work-related activity: income support claimants and partners of claimantsE+W+S

(1)The Social Security Administration Act 1992 (c. 5) is amended as follows.

(2)After section 2C insert—

2DWork-related activity

(1)Regulations may make provision for or in connection with imposing on a person who—

(a)is entitled to income support, and

(b)is not a lone parent of a child under the age of 3,

a requirement to undertake work-related activity in accordance with regulations as a condition of continuing to be entitled to the full amount of income support payable apart from the regulations.

(2)Regulations may make provision for or in connection with imposing on a person (“P”) who—

(a)is under pensionable age, and

(b)is a member of a couple the other member of which (“C”) is entitled to a benefit to which subsection (3) applies at a higher rate referable to P,

a requirement to undertake work-related activity in accordance with regulations as a condition of the benefit continuing to be payable to C at that rate.

(3)The benefits to which this subsection applies are—

(a)income support;

(b)an income-based jobseeker's allowance other than a joint-claim jobseeker's allowance; and

(c)an income-related employment and support allowance.

(4)Regulations under this section may, in particular, make provision—

(a)prescribing circumstances in which a person is to be subject to any requirement imposed by the regulations (a “relevant requirement”);

(b)for notifying a person of a relevant requirement;

(c)prescribing the time or times at which a person who is subject to a relevant requirement is required to undertake work-related activity and the amount of work-related activity the person is required at any time to undertake;

(d)prescribing circumstances in which a person who is subject to a relevant requirement is, or is not, to be regarded as undertaking work-related activity;

(e)in a case where C is a member of more than one couple, for determining which of the members of the couples is to be subject to a relevant requirement or requiring each of them to be subject to a relevant requirement;

(f)for securing that the appropriate consequence follows if —

(i)a person who is subject to a relevant requirement has failed to comply with the requirement, and

(ii)it is not shown, within a prescribed period, that the person had good cause for that failure;

(g)prescribing the evidence which a person who is subject to a relevant requirement needs to provide in order to show compliance with the requirement;

(h)prescribing matters which are, or are not, to be taken into account in determining whether a person had good cause for any failure to comply with a relevant requirement;

(i)prescribing circumstances in which a person is, or is not, to be regarded as having good cause for any such failure.

(5)For the purposes of subsection (4)(f) the appropriate consequence is that the amount of the benefit payable is to be reduced by the prescribed amount until the prescribed time.

(6)Regulations under subsection (5) may, in relation to any such reduction, provide—

(a)for the amount of the reduction to be calculated in the first instance by reference to such amount as may be prescribed;

(b)for the amount as so calculated to be restricted, in prescribed circumstances, to the prescribed extent.

(7)Regulations under this section may include provision that in such circumstances as the regulations may provide a person's obligation under the regulations to undertake work-related activity at a particular time is not to apply, or is to be treated as not having applied.

(8)Regulations under this section must include provision for securing that lone parents are entitled (subject to meeting any prescribed conditions) to restrict the times at which they are required to undertake work-related activity.

(9)For the purposes of this section and sections 2E and 2F—

(a)couple” has the meaning given by section 137(1) of the Contributions and Benefits Act;

(b)lone parent” means a person who—

(i)is not a member of a couple, and

(ii)is responsible for, and a member of the same household as, a child;

(c)prescribed” means specified in, or determined in accordance with, regulations;

(d)work-related activity”, in relation to a person, means activity which makes it more likely that the person will obtain or remain in work or be able to do so;

(e)any reference to a person attaining pensionable age is, in the case of a man born before 6 April 1955, a reference to the time when a woman born on the same day as the man would attain pensionable age;

(f)any reference to a benefit payable to C at a higher rate referable to P is a reference to any case where the amount payable is more than it would be if C and P were not members of the same couple.

(10)For the purposes of this section regulations may make provision—

(a)as to circumstances in which one person is to be treated as responsible or not responsible for another;

(b)as to circumstances in which persons are to be treated as being or not being members of the same household.

(11)Information supplied in pursuance of regulations under this section is to be taken for all purposes to be information relating to social security.

2EAction plans in connection with work-focused interviews

(1)The Secretary of State must in prescribed circumstances provide a document (referred to in this section as an “action plan”) prepared for such purposes as may be prescribed to a person who is subject to a requirement imposed under section 2A or 2AA in relation to any of the following benefits.

(2)The benefits are—

(a)income support;

(b)an income-based jobseeker's allowance other than a joint-claim jobseeker's allowance; and

(c)an income-related employment and support allowance.

(3)Regulations may make provision about—

(a)the form of action plans;

(b)the content of action plans;

(c)the review and updating of action plans.

(4)Regulations under this section may, in particular, make provision for action plans which are provided to a person who is subject under section 2D to a requirement to undertake work-related activity to contain particulars of activity which, if undertaken, would enable the requirement to be met.

(5)Regulations may make provision for reconsideration of an action plan at the request of the person to whom it is provided and may, in particular, make provision about—

(a)the circumstances in which reconsideration may be requested;

(b)the period within which any reconsideration must take place;

(c)the matters to which regard must be had when deciding on reconsideration whether the plan should be changed;

(d)notification of the decision on reconsideration;

(e)the giving of directions for the purpose of giving effect to the decision on reconsideration.

(6)In preparing any action plan, the Secretary of State must have regard (so far as practicable) to its impact on the well-being of any person under the age of 16 who may be affected by it.

2FDirections about work-related activity

(1)In prescribed circumstances, the Secretary of State may by direction given to a person subject to a requirement imposed under section 2D provide that the activity specified in the direction is—

(a)to be the only activity which, in the person's case, is to be regarded as being work-related activity; or

(b)to be regarded, in the person's case, as not being work-related activity.

(2)But a direction under subsection (1) may not specify medical or surgical treatment as the only activity which, in any person's case, is to be regarded as being work-related activity.

(3)A direction under subsection (1) given to any person—

(a)must be reasonable, having regard to the person's circumstances;

(b)must be given to the person by being included in an action plan provided to the person under section 2E; and

(c)may be varied or revoked by a subsequent direction under subsection (1).

(4)Where a direction under subsection (1) varies or revokes a previous direction, it may provide for the variation or revocation to have effect from a time before the giving of the direction.

2GContracting-out

(1)The following functions of the Secretary of State may be exercised by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose, namely—

(a)conducting interviews under section 2A or 2AA;

(b)providing documents under section 2E;

(c)giving, varying or revoking directions under section 2F.

(2)Regulations may provide for any of the following functions of the Secretary of State to be exercisable by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose—

(a)any function under regulations under any of sections 2A to 2F, except the making of an excluded decision (see subsection (3));

(b)the function under section 9(1) of the 1998 Act (revision of decisions) so far as relating to decisions (other than excluded decisions) that relate to any matter arising under regulations under any of sections 2A to 2F;

(c)the function under section 10(1) of the 1998 Act (superseding of decisions) so far as relating to decisions (other than excluded decisions) of the Secretary of State that relate to any matter arising under regulations under any of sections 2A to 2F;

(d)any function under Chapter 2 of Part 1 of the 1998 Act (social security decisions), except section 25(2) and (3) (decisions involving issues arising on appeal in other cases), which relates to the exercise of any of the functions within paragraphs (a) to (c).

(3)Each of the following is an “excluded decision” for the purposes of subsection (2)—

(a)a decision about whether a person has failed to comply with a requirement imposed by regulations under section 2A, 2AA or 2D;

(b)a decision about whether a person had good cause for failure to comply with such a requirement;

(c)a decision about the reduction of a benefit in consequence of a failure to comply with such a requirement.

(4)Regulations under subsection (2) may provide that a function to which that subsection applies may be exercised—

(a)either wholly or to such extent as the regulations may provide,

(b)either generally or in such cases as the regulations may provide, and

(c)either unconditionally or subject to the fulfilment of such conditions as the regulations may provide.

(5)An authorisation given by virtue of any provision made by or under this section may authorise the exercise of the function concerned—

(a)either wholly or to such extent as may be specified in the authorisation,

(b)either generally or in such cases as may be so specified, and

(c)either unconditionally or subject to the fulfilment of such conditions as may be so specified;

but, in the case of an authorisation given by virtue of regulations under subsection (2), this subsection is subject to the regulations.

(6)An authorisation given by virtue of any provision made by or under this section—

(a)may specify its duration,

(b)may be revoked at any time by the Secretary of State, and

(c)does not prevent the Secretary of State or any other person from exercising the function to which the authorisation relates.

(7)Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Secretary of State.

(8)But subsection (7) does not apply—

(a)for the purposes of so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function, or

(b)for the purposes of any criminal proceedings brought in respect of anything done by the authorised person (or an employee of that person).

(9)Any decision which an authorised person makes in exercise of the function concerned has effect as a decision of the Secretary of State under section 8 of the 1998 Act.

(10)Where—

(a)the authorisation of an authorised person is revoked at any time, and

(b)at the time of the revocation so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function is subsisting,

the authorised person is entitled to treat the contract as repudiated by the Secretary of State (and not as frustrated by reason of the revocation).

(11)In this section—

(a)the 1998 Act” means the Social Security Act 1998;

(b)authorised person” means a person authorised to exercise any function by virtue of any provision made by or under this section;

(c)references to functions of the Secretary of State under any enactment (including one comprised in regulations) include functions which the Secretary of State has by virtue of the application of section 8(1)(c) of the 1998 Act in relation to the enactment.

2HGood cause for failure to comply with regulations

(1)This section applies to any regulations made under section 2A, 2AA or 2D that prescribe matters to be taken into account in determining whether a person has good cause for any failure to comply with the regulations.

(2)The provision made by the regulations prescribing those matters must include provision relating to—

(a)the person's physical or mental health or condition;

(b)the availability of childcare.

(3)In the italic heading before section 2A, insert and work-related activity.

(4)In section 189(7A) (regulations which may make provision only in relation to specified areas), for “2C” substitute “ 2F ”.

(5)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—

(a)any of sections 2A to 2F and 7A of the Administration Act,.

3Lone parentsE+W+S

(1)In section 124 of the Social Security Contributions and Benefits Act 1992 (c. 4) (conditions for income support), after subsection (1) insert—

(1A)Regulations under paragraph (e) of subsection (1) must secure that a person who—

(a)is not a member of a couple, and

(b)is responsible for, and a member of the same household as, a child under the age of [F35],

falls within a category of person prescribed under that paragraph.

(1B)Subsection (1A) does not apply if regulations under subsection (4)(c) of section 1A of the Jobseekers Act 1995 containing the provision mentioned in subsection (5) of that section are in force.

(2)In section 2A of the Social Security Administration Act 1992 (c. 5) (work-focused interviews)—

(a)after subsection (2) insert—

(2A)No requirement may be imposed by virtue of this section on a person who—

(a)is not a member of a couple, and

(b)is responsible for, and a member of the same household as, a child under the age of one.

(2B)For the purposes of subsection (2A)(b) regulations may make provision—

(a)as to circumstances in which one person is to be treated as responsible or not responsible for another;

(b)as to circumstances in which persons are to be treated as being or not being members of the same household.”, and

(b)in subsection (8), after “In this section—” insert—

couple” has the meaning given by section 137(1) of the Contributions and Benefits Act;.

F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F3Word in s. 3(1) substituted (20.3.2012) by Welfare Reform Act 2012 (c. 5), ss. 58(2), 150(3); S.I. 2012/863, art. 2(1)(c)

F4S. 3(3)-(5) repealed (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 5; S.I. 2013/983, art. 7(1)(f) (with art. 7(2)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)

Commencement Information

I1S. 3(1) in force at 21.5.2012 for specified purposes by S.I. 2012/1256, art. 2(1)

I2S. 3(2)(5) in force at 6.10.2011 for specified purposes and 31.10.2011 in so far as not already in force by S.I. 2011/2427, art. 2(1)

I3S. 3(3) in force at 31.10.2011 by S.I. 2011/2427, art. 2(2)

Prospective

4Entitlement to jobseeker's allowance without seeking employment etc.E+W+S

(1)The Jobseekers Act 1995 (c. 18) is amended as follows.

(2)In section 1 (the jobseeker's allowance)—

F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in subsection (4), for the definition of “a joint-claim couple” substitute—

a joint-claim couple” means a couple other than a couple of a prescribed description;.

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Prospective

5Couples where at least one member capable of workE+W+S

(1)In section 124 of the Social Security Contributions and Benefits Act 1992 (c. 4) (conditions for income support)—

(a)in subsection (1), after paragraph (g) (but before the “and” at the end of it) insert—

(ga)except in such circumstances as may be prescribed, if he is a member of a couple, the other member of the couple has limited capability for work;,

(b)after subsection (6) insert—

(6A)The question whether a person has, or does not have, limited capability for work shall be determined for the purposes of this section in accordance with the provisions of Part 1 of the Welfare Reform Act 2007 (employment and support allowance).

(6B)References in that Part to the purposes of that Part shall be construed, where the provisions of that Part have effect for the purposes of this section, as references to the purposes of this section., and

(c)in subsection (7), for “Part 1 of the Welfare Reform Act 2007 (employment and support allowance)” substitute “ that Part ”.

(2)In paragraph 6 of Schedule 1 to the Welfare Reform Act 2007 (c. 5) (conditions for income-related employment and support allowance)—

(a)in sub-paragraph (1), after paragraph (d) insert—

(da)is not a member of a couple the other member of which does not have limited capability for work;”, and

(b)after sub-paragraph (2) insert—

(2A)Regulations may prescribe circumstances in which sub-paragraph (1)(da) does not apply.

Prospective

6Statutory sick pay and employment and support allowanceE+W+S

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—

(1)A person—

(a)is not entitled to a contributory allowance in respect of a day, and

(b)except as regulations may provide, is not entitled to an income-related allowance in respect of a day,

if, for the purposes of statutory sick pay, that day is a day of incapacity for work in relation to a contract of service and falls within a period of entitlement (whether or not it is a qualifying day).

Prospective

7Transitional provision relating to sections 4 to 6E+W+S

(1)The Secretary of State may by regulations make such provision as the Secretary of State considers necessary or expedient for the purposes of, or in connection with, the transition of persons to—

(a)income-based jobseeker's allowance, or

(b)income-related employment and support allowance,

by virtue of any provision of sections 4 to 6.

(2)Regulations under this section may, in particular, make provision—

(a)for the termination or cancellation of awards of income support or income-related employment and support allowance;

(b)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;

(c)for any such award of a transitional allowance to be—

(i)of such a kind,

(ii)for such period,

(iii)of such an amount, and

(iv)subject to such conditions,

as may be determined in accordance with the regulations;

(d)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;

(e)for the termination of an award of a transitional allowance;

(f)for the review of an award of a transitional allowance;

(g)that—

(i)days which were days of entitlement to income support or income-related employment and support allowance, and

(ii)such other days as may be specified in or determined in accordance with the regulations,

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.

(3)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.

(4)The power to make regulations under this section is exercisable by statutory instrument.

(5)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(6)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.

F78Parliamentary procedure: regulations imposing work-related activity requirements on lone parents of children under 7E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F7S. 8 repealed (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 5; S.I. 2013/983, art. 7(1)(f) (with art. 7(2)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)

Prospective

Abolition of income supportE+W+S

9Abolition of income supportE+W+S

(1)This section applies if, whether as a result of—

(a)provision made by any regulations under section 1A(4)(c) or (8) of the Jobseekers Act 1995 (as inserted by section 4 above), or

(b)provision made by or under any other enactment, or otherwise,

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).

(2)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.

(3)If an order is made under subsection (2)—

(a)the amendments made by Schedule 2, and

(b)the repeals in Part 1 of Schedule 7,

have effect in accordance with provision made by the order.

(4)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)).

(5)The consequential provision that may be made by an order under subsection (4) includes, in particular, provision amending, repealing or revoking—

(a)any provision of any Act (whenever passed), or

(b)any provision of any instrument made under any Act (whenever made).

(6)In subsection (5) “Act” means—

(a)an Act of Parliament,

(b)an Act of the Scottish Parliament, or

(c)a Measure or Act of the National Assembly for Wales.

(7)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.

(8)Any power to make an order under this section is exercisable by statutory instrument.

(9)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.

(10)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 allowanceE+W+S

F810Power to direct claimant to undertake specific work-related activityE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F8S. 10 repealed (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 5; S.I. 2013/983, art. 7(1)(f) (with art. 7(2)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)

Commencement Information

I4S. 10 in force at 10.2.2010 by S.I. 2010/293, art. 2(1)(a)

Jobseeker's allowance and employment and support allowance: drugsE+W+S

F911Claimants dependent on drugs etc.E+W+S

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Amendments (Textual)

Contributory jobseeker's allowance and employment and support allowanceE+W+S

12Conditions for contributory jobseeker's allowanceE+W+S

(1)Section 2 of the Jobseekers Act 1995 (c. 18) (jobseeker's allowance: the contribution-based conditions) is amended as follows.

(2)In subsection (2), for paragraph (b) substitute—

(b)the claimant's relevant earnings for the base year upon which primary Class 1 contributions have been paid or treated as paid are not less than the base year's lower earnings limit multiplied by 26.

(3)After that subsection insert—

(2A)Regulations may make provision for the purposes of subsection (2)(b) for determining the claimant's relevant earnings for the base year.

(2B)Regulations under subsection (2A) may, in particular, make provision—

(a)for making that determination by reference to the amount of a person's earnings for periods comprised in the base year;

(b)for determining the amount of a person's earnings for any such period by—

(i)first determining the amount of the earnings for the period in accordance with regulations made for the purposes of section 3(2) of the Benefits Act, and

(ii)then disregarding so much of the amount found in accordance with sub-paragraph (i) as exceeded the base year's lower earnings limit (or the prescribed equivalent).

(4)In subsection (3A), for “subsections (2)(b) and (3)” substitute “ subsection (3) ”.

(5)After that subsection insert—

(3B)Regulations may—

(a)provide for the first set of conditions to be taken to be satisfied in the case of persons—

(i)who have been entitled to any prescribed description of benefit during any prescribed period or at any prescribed time, or

(ii)who satisfy other prescribed conditions;

(b)with a view to securing any relaxation of the requirements of the first set of conditions in relation to persons who have been entitled as mentioned in paragraph (a)(i), provide for that set of conditions to apply in relation to them subject to prescribed modifications.

(3C)In subsection (3B)—

  • the first set of conditions” means the condition set out in subsection (1)(a) and the additional conditions set out in subsection (2);

  • benefit” means—

    (a)

    any benefit within the meaning of section 122(1) of the Benefits Act,

    (b)

    any benefit under Parts 7 to 12 of the Benefits Act,

    (c)

    credits under regulations under section 22(5) of the Benefits Act,

    (d)

    a contribution-based jobseeker's allowance, and

    (e)

    working tax credit.

(6)In paragraph 45 of Schedule 1 to the National Insurance Contributions Act 2002 (c. 19) (which amended section 2(2)(b) of the Jobseekers Act 1995 (c. 18)), for “section 2(2)(b) and (3)” substitute “ section 2(3) ”.

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Commencement Information

I5S. 12(1)(3) in force at 1.10.2010 by S.I. 2010/2377, art. 2(1)(a)

I6S. 12(2)(4)(6) in force at 1.11.2010 by S.I. 2010/2377, art. 2(2)(a)

I7S. 12(5) in force at 29.11.2011 for specified purposes by S.I. 2011/2857, art. 2(a)

13Conditions for contributory employment and support allowanceE+W+S

(1)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.

(2)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 ”.

(3)In sub-paragraph (1), for paragraph (c) substitute—

(c)the claimant's earnings determined in accordance with sub-paragraph (2) must be not less than the base tax year's lower earnings limit multiplied by 26.

(4)For sub-paragraphs (2) and (3) substitute—

(2)The earnings referred to in sub-paragraph (1)(c) are the aggregate of—

(a)the claimant's relevant earnings for the base tax year upon which primary Class 1 contributions have been paid or treated as paid, and

(b)the claimant's earnings factors derived from Class 2 contributions.

(3)Regulations may make provision for the purposes of sub-paragraph (2)(a) for determining the claimant's relevant earnings for the base tax year.

(3A)Regulations under sub-paragraph (3) may, in particular, make provision—

(a)for making that determination by reference to the amount of a person's earnings for periods comprised in the base tax year;

(b)for determining the amount of a person's earnings for any such period by—

(i)first determining the amount of the earnings for the period in accordance with regulations made for the purposes of section 3(2) of the Contributions and Benefits Act, and

(ii)then disregarding so much of the amount found in accordance with sub-paragraph (i) as exceeded the base tax year's lower earnings limit (or the prescribed equivalent).

(5)In sub-paragraph (4)—

(a)in paragraph (a), for “persons who” substitute persons—

(i)who,

(b)in that paragraph, after “prescribed time” insert , or

(ii)who satisfy other prescribed conditions, and

(c)in paragraph (b), for “so entitled” substitute “ entitled as mentioned in paragraph (a)(i) ”.

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Commencement Information

I8S. 13(1) in force at 1.10.2010 by S.I. 2010/2377, art. 2(1)(b)

I9S. 13(2)(3) in force at 1.11.2010 by S.I. 2010/2377, art. 2(2)(b)

I10S. 13(4) in force at 1.10.2010 for specified purposes by S.I. 2010/2377, art. 2(1)(c)

I11S. 13(4) in force at 1.11.2010 in so far as not already in force by S.I. 2010/2377, art. 2(2)(c)

I12S. 13(5)(a)(b) in force at 29.11.2011 by S.I. 2011/2857, art. 2(b)

Disability living allowanceE+W+S

14Mobility componentE+W+S

(1)Section 73 of the Social Security Contributions and Benefits Act 1992 (c. 4) (mobility component of disability living allowance) is amended as follows.

(2)In subsection (1), for paragraph (b) (together with the “or” at the end of it) substitute—

(ab)he falls within subsection (1AB) below; or

(b)he does not fall within that subsection but does fall within subsection (2) below; or.

(3)In subsection (1A)(a), after “paragraph (a),” insert “ (ab), ”.

(4)After subsection (1A) insert—

(1AB)A person falls within this subsection if—

(a)he has such severe visual impairment as may be prescribed; and

(b)he satisfies such other conditions as may be prescribed.

(5)In subsection (11)(a), after “subsection (1)(a),” insert “ (ab), ”.

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Commencement Information

I13S. 14 in force at 11.4.2011 in so far as not already in force by S.I. 2010/293, art. 2(2)

I14S. 14 in force at 15.10.2010 for specified purposes by S.I. 2010/293, art. 2(2)(b)

Abolition of adult dependency increasesE+W+S

15Maternity allowance and carer's allowanceE+W+S

(1)The following provisions of the Social Security Contributions and Benefits Act 1992 (c. 4) (“the Benefits Act”) are omitted on 6 April 2010—

(a)section 82 (maternity allowance: increase for adult dependants); and

(b)section 90 (carer's allowance: increase for adult dependants).

(2)Nothing in subsection (1) or Part 2 of Schedule 7 applies in relation to—

(a)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

(b)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.

(3)In subsection (2)(b)—

  • a qualifying person” means a person who—

    (a)

    has, before 6 April 2010, made a claim for an increase in a carer's allowance under section 90 of the Benefits Act; and

    (b)

    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—

    (a)

    6 April 2020; and

    (b)

    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 grantsE+W+S

Prospective

F1016External provider social loansE+W+S

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Amendments (Textual)

Prospective

F1017Power to restrict availability of social fund loansE+W+S

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Amendments (Textual)

Prospective

F1018Supply of information to or by lenders making external provider social loansE+W+S

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Amendments (Textual)

Prospective

F1019Community care grants relating to specified goods or servicesE+W+S

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Amendments (Textual)

Prospective

F1020Community care grants: reviews and informationE+W+S

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Amendments (Textual)

Prospective

F1021Regulations relating to information: parliamentary controlE+W+S

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Amendments (Textual)

Prospective

Payments on accountE+W+S

F1122Payments on accountE+W+S

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Amendments (Textual)

Up-rating of benefitsE+W+S

23Power to up-rate benefits following review in tax year 2009-10E+W+S

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—

(a)after subsection (2) there were inserted—

(2A)Where it appears to the Secretary of State that the general level of prices is no greater at the end of the period under review than it was at the beginning of that period, the Secretary of State may, if the Secretary of State considers it appropriate having regard to the national economic situation and any other matters which the Secretary of State considers relevant, lay before Parliament the draft of an up-rating order—

(a)which increases by such a percentage or percentages as the Secretary of State thinks fit any of the sums mentioned in subsection (1); and

(b)stating the amount of any sums which are mentioned in subsection (1) but which the order does not increase.,

(b)in subsection (5), after “(2)” there were inserted “ or (2A) ”, and

(c)in subsection (6)—

(i)after “(2)” there were inserted “ or (2A) ”, and

(ii)after “requires” there were inserted “ or authorises ”.

Benefit sanctions for offendersE+W+S+N.I.

24Loss of benefit provisionsE+W+S+N.I.

(1)Before section 7 of the Social Security Fraud Act 2001 (c. 11) (but after the italic heading immediately before that section) insert—

6AMeaning of “disqualifying benefit” and “sanctionable benefit” for purposes of sections 6B and 7

(1)In this section and sections 6B and 7—

  • disqualifying benefit” means (subject to any regulations under section 10(1))—

    (a)

    any benefit under the Jobseekers Act 1995 or the Jobseekers (Northern Ireland) Order 1995;

    (b)

    any benefit under the State Pension Credit Act 2002 or the State Pension Credit Act (Northern Ireland) 2002;

    (c)

    any benefit under Part 1 of the Welfare Reform Act 2007 or Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);

    (d)

    any benefit under the Social Security Contributions and Benefit Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992 other than—

    (i)

    maternity allowance;

    (ii)

    statutory sick pay and statutory maternity pay;

    (e)

    any war pension;

  • sanctionable benefit” means (subject to subsection (2) and to any regulations under section 10(1)) any disqualifying benefit other than—

    (a)

    joint-claim jobseeker's allowance;

    (b)

    any retirement pension;

    (c)

    graduated retirement benefit;

    (d)

    disability living allowance;

    (e)

    attendance allowance;

    (f)

    child benefit;

    (g)

    guardian's allowance;

    (h)

    a payment out of the social fund in accordance with Part 8 of the Social Security Contributions and Benefits Act 1992;

    (i)

    a payment under Part 10 of that Act (Christmas bonuses).

(2)In their application to Northern Ireland sections 6B and 7 shall have effect as if references to a sanctionable benefit were references only to a war pension.

6BLoss of benefit in case of conviction, penalty or caution for benefit offence

(1)Subsection (4) applies where a person (“the offender”)—

(a)is convicted of one or more benefit offences in any proceedings,

(b)after being given a notice under subsection (2) of the appropriate penalty provision by an appropriate authority, agrees in the manner specified by the appropriate authority to pay a penalty under the appropriate penalty provision to the appropriate authority by reference to an overpayment, in a case where the offence mentioned in subsection (1)(b) of the appropriate penalty provision is a benefit offence, or

(c)is cautioned in respect of one or more benefit offences.

(2)In subsection (1)(b)—

(a)the appropriate penalty provision” means section 115A of the Administration Act (penalty as alternative to prosecution) or section 109A of the Social Security Administration (Northern Ireland) 1992 (the corresponding provision for Northern Ireland);

(b)appropriate authority” means—

(i)in relation to section 115A of the Administration Act, the Secretary of State or an authority which administers housing benefit or council tax benefit, and

(ii)in relation to section 109A of the Social Security Administration (Northern Ireland) Act 1992, the Department (within the meaning of that Act) or the Northern Ireland Housing Executive.

(3)Subsection (4) does not apply by virtue of subsection (1)(a) if, because the proceedings in which the offender was convicted constitute the later set of proceedings for the purposes of section 7, the restriction in subsection (2) of that section applies in the offender's case.

(4)If this subsection applies and the offender is a person with respect to whom the conditions for an entitlement to a sanctionable benefit are or become satisfied at any time within the disqualification period, then, even though those conditions are satisfied, the following restrictions shall apply in relation to the payment of that benefit in the offender's case.

(5)Subject to subsections (6) to (10), the sanctionable benefit shall not be payable in the offender's case for any period comprised in the disqualification period.

(6)Where the sanctionable benefit is income support, the benefit shall be payable in the offender's case for any period comprised in the disqualification period as if the applicable amount used for the determination under section 124(4) of the Social Security Contributions and Benefits Act 1992 of the amount of the offender's entitlement for that period were reduced in such manner as may be prescribed.

(7)The Secretary of State may by regulations provide that, where the sanctionable benefit is jobseeker's allowance, any income-based jobseeker's allowance shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—

(a)the rate of the allowance were such reduced rate as may be prescribed;

(b)the allowance were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;

(c)the allowance were payable only if the circumstances are otherwise such as may be prescribed.

(8)The Secretary of State may by regulations provide that, where the sanctionable benefit is state pension credit, the benefit shall be payable in the offender's case for any period comprised in the disqualification period as if the rate of the benefit were reduced in such manner as may be prescribed.

(9)The Secretary of State may by regulations provide that, where the sanctionable benefit is employment and support allowance, any income-related allowance shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—

(a)the rate of the allowance were such reduced rate as may be prescribed;

(b)the allowance were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;

(c)the allowance were payable only if the circumstances are otherwise such as may be prescribed.

(10)The Secretary of State may by regulations provide that, where the sanctionable benefit is housing benefit or council tax benefit, the benefit shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—

(a)the rate of the benefit were reduced in such manner as may be prescribed;

(b)the benefit were payable only if the circumstances are such as may be prescribed.

(11)For the purposes of this section the disqualification period, in relation to any disqualifying event, means the period of four weeks beginning with such date, falling after the date of the disqualifying event, as may be determined by or in accordance with regulations made by the Secretary of State.

(12)This section has effect subject to section 6C.

(13)In this section and section 6C—

  • benefit offence” means—

    (a)

    any post-commencement offence in connection with a claim for a disqualifying benefit;

    (b)

    any post-commencement offence in connection with the receipt or payment of any amount by way of such a benefit;

    (c)

    any post-commencement offence committed for the purpose of facilitating the commission (whether or not by the same person) of a benefit offence;

    (d)

    any post-commencement offence consisting in an attempt or conspiracy to commit a benefit offence;

  • disqualifying event” means the conviction falling within subsection (1)(a), the agreement falling within subsection (1)(b) or the caution falling within subsection (1)(c);

  • post-commencement offence” means any criminal offence committed after the commencement of this section.

6CSection 6B: supplementary provisions

(1)Where—

(a)the conviction of any person of any offence is taken into account for the purposes of the application of section 6B in relation to that person, and

(b)that conviction is subsequently quashed,

all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under section 6B that could not have been imposed if the conviction had not taken place.

(2)Where, after the agreement of any person (“P”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of the application of section 6B in relation to that person—

(a)P's agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision, or

(b)it is decided on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998 that the overpayment to which the agreement relates is not recoverable or due,

all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under section 6B that could not have been imposed if P had not agreed to pay the penalty.

(3)Where, after the agreement (“the old agreement”) of any person (“P”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of the application of section 6B in relation to P, the amount of the overpayment to which the penalty relates is revised on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998—

(a)section 6B shall cease to apply by virtue of the old agreement, and

(b)subsection (4) shall apply.

(4)Where this subsection applies—

(a)if there is a new disqualifying event consisting of—

(i)P's agreement to pay a penalty under the appropriate penalty provision in relation to the revised overpayment, or

(ii)P being cautioned in relation to the offence to which the old agreement relates,

the disqualification period relating to the new disqualifying event shall be reduced by the number of days in so much of the disqualification period relating to the old agreement as had expired when section 6B ceased to apply by virtue of the old agreement, and

(b)in any other case, all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under section 6B that could not have been imposed if P had not agreed to pay the penalty.

(5)For the purposes of section 6B—

(a)the date of a person's conviction in any proceedings of a benefit offence shall be taken to be the date on which the person was found guilty of that offence in those proceedings (whenever the person was sentenced) or in the case mentioned in paragraph (b)(ii) the date of the order for absolute discharge; and

(b)references to a conviction include references to—

(i)a conviction in relation to which the court makes an order for absolute or conditional discharge or a court in Scotland makes a probation order,

(ii)an order for absolute discharge made by a court of summary jurisdiction in Scotland under section 246(3) of the Criminal Procedure (Scotland) Act 1995 without proceeding to a conviction, and

(iii)a conviction in Northern Ireland.

(6)In this section “the appropriate penalty provision” has the meaning given by section 6B(2)(a).

(2)In Schedule 4—

(a)Part 1 contains further amendments of the Social Security Fraud Act 2001 (c. 11), and

(b)Part 2 contains related amendments of other Acts.

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Commencement Information

I15S. 24 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)

I16S. 24 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)

Prospective

F1225Jobseeker's allowance: sanctions for violent conduct etc. in connection with claimE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

26Repeal of sections 62 to 66 of the Child Support, Pensions and Social Security Act 2000E+W+S

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).

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Commencement Information

I17S. 26 in force at 22.3.2010 by S.I. 2010/293, art. 2(3)(a) (with art. 2(4))

Pilot schemesE+W+S

27State pension credit: pilot schemesE+W+S

(1)The State Pension Credit Act 2002 (c. 16) is amended as follows.

(2)Before section 19 (but after the italic heading immediately before that section) insert—

18APilot schemes

(1)Any regulations to which this subsection applies may be made so as to have effect for a specified period not exceeding 12 months.

(2)Subject to subsection (3), subsection (1) applies to—

(a)regulations made under this Act, and

(b)regulations made under section 1 or 5 of the Administration Act.

(3)Subsection (1) only applies to regulations if they are made with a view to ascertaining whether their provisions will—

(a)make it more likely that persons who are entitled to claim state pension credit will do so;

(b)make it more likely that persons who are entitled to claim state pension credit will receive it.

(4)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”.

(5)A pilot scheme may, in particular—

(a)provide for a relevant provision not to apply, or to apply with modifications, for the purposes of the pilot scheme, and

(b)make different provision for different cases or circumstances.

(6)For the purposes of subsection (5)(a), a “relevant provision” is—

(a)any provision of this Act, and

(b)section 1 of the Administration Act.

(7)A pilot scheme may provide that no account is to be taken of any payment made under the pilot scheme in considering a person's—

(a)liability to tax,

(b)entitlement to benefit under an enactment relating to social security (irrespective of the name or nature of the benefit), or

(c)entitlement to a tax credit.

(8)A pilot scheme may provide that its provisions are to apply only in relation to—

(a)one or more specified areas or localities;

(b)one or more specified classes of person;

(c)persons selected—

(i)by reference to prescribed criteria, or

(ii)on a sampling basis.

(9)A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.

(10)A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.

(11)The power of the Secretary of State to make regulations which, by virtue of this section, are to have effect for a limited period is exercisable only with the consent of the Treasury.

(3)In section 19 (regulations and orders) after subsection (2) insert—

(2A)A statutory instrument containing regulations which, by virtue of section 18A, are to have effect for a limited period shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

28Period for which pilot schemes have effect etc.E+W+S

(1)In section 29 of the Jobseekers Act 1995 (c. 18) (pilot schemes)—

(a)in subsection (1), for “12 months” substitute “ 36 months ”, and

(b)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 ”.

(2)In section 19(1) of the Welfare Reform Act 2007 (c. 5) (pilot schemes), for “24 months” substitute “ 36 months ”.

MiscellaneousE+W+S+N.I.

F1329Exemption from jobseeking conditions for victims of domestic violenceE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F13S. 29 repealed (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 4; S.I. 2013/983, art. 7(1)(e) (with art. 7(2)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)

Commencement Information

I18S. 29 in force at 19.1.2012 by S.I. 2012/68, art. 2

Prospective

30Good cause for failure to comply with regulations etc.E+W+S

(1)In Schedule 1 to the Jobseekers Act 1995 (supplementary provisions), after paragraph 14A insert—

Good or just cause for acts or omissions

14B(1)This paragraph applies to any regulations made under this Act that prescribe matters to be taken into account in determining whether a person has good cause or just cause for any act or omission (including any failure to comply with the regulations).

(2)The provision made by the regulations prescribing those matters must include provision relating to—

(a)the person's physical or mental health or condition;

(b)the availability of childcare.

(2)In Schedule 2 to the Welfare Reform Act 2007 (c. 5) (employment and support allowance: supplementary provisions), after paragraph 10 insert—

Good cause for failure to comply with certain regulations

10A(1)This paragraph applies to any regulations made under section 11, 12 or 13 that prescribe matters to be taken into account in determining whether a person has good cause for any failure to comply with the regulations.

(2)The provision made by the regulations prescribing those matters must include provision relating to—

(a)the person's physical or mental health or condition;

(b)the availability of childcare.

Prospective

31Jobseekers' agreements and action plans: well-being of childrenE+W+S

(1)In section 9 of the Jobseekers Act 1995 (c. 18) (the jobseeker's agreement), after subsection (4) insert—

(4A)In preparing a jobseeker's agreement for a claimant, the officer must have regard (so far as practicable) to its impact on the well-being of any child who may be affected by it.

(2)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—

(5)In preparing any action plan, the Secretary of State must have regard (so far as practicable) to its impact on the well-being of any person under the age of 16 who may be affected by it.

32Contracting out functions under Jobseekers Act 1995E+W+S

F14(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F14S. 32(1)-(3) repealed (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 4; S.I. 2013/983, art. 7(1)(e) (with art. 7(2)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)

Commencement Information

I19S. 32(1) in force at 9.3.2011 for specified purposes by S.I. 2011/682, art. 2(a)

I20S. 32(2) in force at 9.3.2011 for specified purposes by S.I. 2011/682, art. 2(b)(c)

F1733Attendance in connection with jobseeker's allowance: sanctionsE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I21S. 33 in force at 10.2.2010 for specified purposes and 6.4.2010 in so far as not already in force by S.I. 2010/293, art. 2(6) (with art. 3)

34Social security information and employment or training informationE+W+S

(1)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—

(7A)Information supplied in pursuance of regulations under this section shall be taken for all purposes to be information relating to social security.

(2)In section 2AA of that Act (full entitlement to certain benefits conditional on work-focused interview for partner), after subsection (6) insert—

(6A)Information supplied in pursuance of regulations under this section shall be taken for all purposes to be information relating to social security.

(3)In Schedule 1 to the Jobseekers Act 1995 (c. 18) (supplementary provisions relating to jobseeker's allowance), at the end insert—

Treatment of information supplied as information relating to social security

19Information supplied in pursuance of any provision made by or under this Act shall be taken for all purposes to be information relating to social security.

(4)In section 72 of the Welfare Reform and Pensions Act 1999 (c. 30) (supply of information for certain purposes)—

(a)in subsection (1)(a) and (b), after “social security information” insert “ , or information relating to employment or training, ”, and

(b)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, ”.

F1835Persons under pensionable age to take part in work-focused interviews etc.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I22S. 35 in force at 10.2.2010 by S.I. 2010/293, art. 2(1)(b)

Prospective

F1936Power to rename council tax benefitE+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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Amendments (Textual)

37Minor amendmentsE+W+S

(1)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.

(2)Qualifying young person” has the same meaning as in Part 9 of the Benefits Act.

(3)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 ”.

(4)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.

(5)In this section “the Benefits Act” means the Social Security Contributions and Benefits Act 1992 (c. 4).

Part 2 E+W+SDisabled people: right to control provision of services

IntroductoryE+W+S

38Purpose of Part 2E+W+S

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).

39Relevant servicesE+W+S

(1)In this Part “relevant services” means services—

(a)which are provided to or for the benefit of a disabled person (“P”) (whether or not in connection with P's disability), and

(b)which relate to one or more of the following matters.

(2)Those matters are—

(a)the provision of further education for P;

(b)facilitating the undertaking by P of further education or higher education;

(c)the provision of training for P;

(d)securing employment for P;

(e)facilitating P's continued employment;

(f)enabling P to live independently or more independently in P's home;

(g)the provision of residential accommodation for P;

(h)enabling P to overcome barriers to participation in society.

(3)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).

(4)Relevant services do not include excluded services (provision as to direct payments relating to excluded services being made by other legislation).

(5)Subsection (4) is subject to section 44(4) (which relates to pilot schemes) and to section 48 (which gives power to repeal the exclusion of community care services).

(6)In relation to England and Wales, the following are excluded services—

(a)community care services,

F20(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)services provided under section 17 of the Children Act 1989 (c. 41) (provision of services for children in need, their families and others) [F21or sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014 (meeting care and support needs of children)] .

(7)In relation to Scotland, the following are excluded services—

(a)community care services, and

(b)services provided under section 22(1) of the Children (Scotland) Act 1995 (c. 36) (promotion of welfare of children in need).

(8)In this section “further education” and “higher education”—

(a)in relation to England and Wales, have the same meaning as in the Education Act 1996 (c. 56);

(b)in relation to Scotland, have the same meaning as in the Further and Higher Education (Scotland) Act 1992 (c. 37).

Annotations: Help about Annotation
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Amendments (Textual)

40Relevant authorityE+W+S

(1)In this Part “relevant authority” means—

(a)a Minister of the Crown or government department;

(b)the Scottish Ministers;

(c)the Welsh Ministers;

(d)a local authority;

(e)a person or body whose functions are exercised on behalf of the Crown;

(f)any other body which meets conditions A and B below.

(2)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.

(3)Condition B is that the body's revenues derive wholly or mainly from public funds.

(4)In subsection (1)(d) “local authority” means—

(a)a local authority within the meaning of the Local Government Act 1972 (c. 70),

(b)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

(c)the Greater London Authority,

(d)the Common Council of the City of London in its capacity as a local authority, or

(e)the Council of the Isles of Scilly.

(5)In subsection (2) “Minister of the Crown” includes the Scottish Ministers and the Welsh Ministers.

Power to make regulationsE+W+S

41Power to make provision enabling exercise of greater choice and controlE+W+S

(1)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.

(2)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—

(a)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;

(b)to work with P to determine the outcomes to be achieved by the provision of the relevant services;

(c)to work with P to prepare a plan (a “support plan”) setting out how those outcomes will be achieved;

(d)to work with P to review and revise the support plan in prescribed circumstances;

(e)if P so requests, to make payments to P in respect of P securing the provision of an equivalent service;

(f)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.

(3)Regulations under this section may also—

(a)specify who is or is not to be treated as a disabled person for any purpose of the regulations;

(b)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;

(c)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;

(d)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).

(4)Regulations under this section may enable or require the disclosure of information by one relevant authority to another for prescribed purposes of the regulations.

(5)Regulations under this section may, for the purpose of this Part—

(a)vary the conditions attached to any power of a relevant authority to provide financial assistance to disabled people;

(b)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.

(6)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.

42Provision that may be made about direct paymentsE+W+S

(1)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.

(2)Direct payments regulations relating to a relevant service (“the qualifying service”) of a relevant authority (“the providing authority”) may in particular—

(a)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;

(b)make provision about the manner in which a request for direct payments is to be made;

(c)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;

(d)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);

(e)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.

(3)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.

(4)Direct payments regulations may—

(a)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;

(b)make provision as to the conditions falling to be complied with by the payee in relation to the direct payments;

(c)prescribe circumstances in which the providing authority may or must terminate the making of direct payments;

(d)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;

(e)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;

(f)prescribe circumstances in which any sum is to cease to be payable by virtue of paragraph (d);

(g)make provision authorising direct payments to be made to a prescribed person on behalf of the disabled person.

(5)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—

(a)what is or is not to be regarded as an equivalent service,

(b)the securing of the provision of the equivalent service,

(c)the provider of the service,

(d)the person to whom the payments are made in respect of the provision of the service, or

(e)the provision of the service.

43Exercise of rights on behalf of persons who lack capacityE+W+S

(1)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.

(2)A person falls within this subsection—

(a)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

(b)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.

44Pilot schemesE+W+S

(1)Regulations to which this subsection applies may be made so as to have effect for a specified period not exceeding 36 months.

(2)Subsection (1) applies to regulations under section 41 that are made with a view to ascertaining—

(a)the extent to which their provisions contribute to achieving the purpose of this Part,

(b)the extent of any beneficial effects on the lives of the disabled people affected, and

(c)the extent of any financial burden imposed on the relevant authorities to which the regulations relate.

(3)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”.

(4)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.

(5)A pilot scheme may provide that its provisions are to apply only in relation to—

(a)one or more specified areas;

(b)one or more specified classes of person;

(c)persons selected—

(i)by reference to prescribed criteria, or

(ii)on a sampling basis.

(6)A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.

(7)A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.

(8)The appropriate authority which made a pilot scheme must prepare and publish a report on the operation of the scheme.

SupplementaryE+W+S

45The appropriate authority by which regulations under section 41 are madeE+W+S

(1)Subsection (2) has effect to determine the appropriate authority by which regulations under section 41 may be made.

(2)The Secretary of State is the appropriate authority, except that—

(a)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,

(b)in relation to provision that would be within the legislative competence of the National Assembly for Wales if it were included in a Measure of the Assembly (or, if regulations are made after the Assembly Act provisions come into force, an Act of the Assembly), the Welsh Ministers are the appropriate authority,

(c)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—

(i)by a Minister of the Crown, and

(ii)by the Welsh Ministers, the First Minister or the Counsel General,

the Secretary of State or the Welsh Ministers are the appropriate authority, and

(d)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.

(3)Any power of the Secretary of State to make regulations under section 41—

(a)is exercisable only with the consent of the Treasury; and

(b)does not include power to make provision—

(i)removing or modifying any function of the Welsh Ministers, the First Minister or the Counsel General, or

(ii)conferring or imposing any function on the Welsh Ministers, the First Minister or the Counsel General.

(4)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—

(a)removing or modifying any function of a Minister of the Crown, or

(b)conferring or imposing any function on a Minister of the Crown.

(5)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.

46Regulations under section 41: supplementary provisionsE+W+S

(1)Any power to make regulations under section 41 may be exercised—

(a)in relation to all cases to which it extends,

(b)in relation to those cases subject to specified exceptions, or

(c)in relation to any specified cases or classes of case.

(2)Any such power may be exercised so as to make, as respects the cases in relation to which it is exercised—

(a)the full provision to which the power extends or any less provision (whether by way of exception or otherwise);

(b)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;

(c)any such provision either unconditionally or subject to any specified condition.

(3)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.

(4)Any such power includes power—

(a)to make such incidental, supplementary, consequential or saving provision as the authority making the regulations considers to be necessary or expedient;

(b)to provide for a person to exercise a discretion in dealing with any matter;

(c)to amend or repeal an enactment whenever passed or made.

47ConsultationE+W+S

(1)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—

(a)publish draft regulations in such manner as it thinks fit, and

(b)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.

(2)In this section “the appropriate authority” is to be read in accordance with section 45(2).

48Power to repeal exclusion of community care servicesE+W+S

(1)An order under this subsection may repeal section 39(6)(a).

(2)The power to make an order under subsection (1) is exercisable—

(a)in relation to England, by the Secretary of State with the consent of the Treasury, and

(b)in relation to Wales, by the Welsh Ministers.

(3)The power of the Secretary of State to make an order under subsection (1) is exercisable only if—

(a)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

(b)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.

(4)In subsection (3)—

(a)pilot scheme” has the meaning given by section 44(3);

(b)relevant enactment” means—

(i)section 7A of the Local Authority Social Services Act 1970 (directions by Secretary of State as to exercise of social services functions), or

(ii)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).

(5)The Scottish Ministers may by order repeal section 39(7)(a).

(6)An order under subsection (1) or (5) may make any consequential modification of section 39(5) or 44(4).

(7)The power to make an order under subsection (1) or (5) is exercisable by statutory instrument.

49Regulations and orders: control by Parliament or other legislatureE+W+S

(1)The Secretary of State may not make a statutory instrument containing regulations under section 41 or an order under section 48(1) unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(2)The Scottish Ministers may not make a statutory instrument containing regulations under section 41 or an order under section 48(5) unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.

(3)The Welsh Ministers may not make a statutory instrument containing regulations under section 41 or an order under section 48(1) unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

50Interpretation of Part 2E+W+S

In this Part—

  • community care services” means—

    (a)

    [F22in relation to England, services under Part 1 of the Care Act 2014 or section 117 of the Mental Health Act 1983;

    (aa)

    [F23in 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;]

    (b)

    in relation to Scotland, community care services as defined by section [F2412A(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—

    (a)

    an Act of Parliament,

    (b)

    an Act of the Scottish Parliament, or

    (c)

    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.]

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Amendments (Textual)

Part 3 E+W+SChild maintenance

Prospective

51Disqualification for holding etc. driving licence or travel authorisationE+W+S

(1)The Child Support Act 1991 (c. 48) is amended as follows.

(2)In section 39B (disqualification for holding or obtaining travel authorisation)—

(a)in subsection (1), for “The [F25Secretary of State] may apply to the court for an order under this section” substitute “ The [F25Secretary of State] may make an order under this section (referred to in this section and sections 39C to 39F as a ”disqualification order “)”, and

(b)for subsections (3) to (13) substitute—

(3)A disqualification order shall provide that the person against whom it is made is disqualified for holding or obtaining—

(a)a driving licence,

(b)a travel authorisation, or

(c)both a driving licence and a travel authorisation,

while the order has effect.

(4)Before making a disqualification order against a person, the [F26Secretary of State] shall consider whether the person needs the relevant document in order to earn a living.

(5)A disqualification order shall specify the amount in respect of which it is made.

(6)That amount shall be the aggregate of—

(a)the amount sought to be recovered as mentioned in subsection (1)(a), or so much of it as remains unpaid; and

(b)the amount which the person against whom the order is made is required to pay by the order under section 39DA(1).

(7)The [F26Secretary of State] shall serve a copy of the disqualification order (together with a copy of the order under section 39DA(1)) on the person against whom it is made.

(8)In this section—

  • driving licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988;

  • relevant document”, in relation to a disqualification order made against a person, means the document (or documents) for the holding or obtaining of which the person is disqualified by the order;

  • travel authorisation” means—

    (a)

    a United Kingdom passport (within the meaning of the Immigration Act 1971);

    (b)

    an ID card issued under the Identity Cards Act 2006 that records that the person to whom it has been issued is a British citizen.

(3)In section 39C (period for which orders under section 39B are to have effect), for subsection (1) substitute—

(1)A disqualification order shall specify the period for which it is to have effect.

(1A)That period shall not exceed 12 months (subject to any extension under section 39CA or 39CB).

(1B)That period shall begin to run with—

(a)the first day after the end of the period within which an appeal may be brought against the order under section 39CB(1); or

(b)if the running of the period is suspended at that time, the first day when its running is no longer suspended.

(4)After that section insert—

39CASurrender of relevant documents

(1)A person against whom a disqualification order is made who holds any relevant document shall surrender it in the prescribed manner to the prescribed person within the required period.

(2)For this purpose “the required period” means the period of 7 days beginning with the start of the period for which the order has effect or has effect again following a period of suspension.

(3)But, if immediately before the end of the required period the person has a good reason for not surrendering any relevant document, the person shall instead surrender it as soon as practicable after the end of that period.

(4)The Secretary of State may by regulations make provision prescribing circumstances in which a person is, or is not, to be regarded for the purposes of subsection (3) as having a good reason for not surrendering any relevant document.

(5)The requirements imposed by subsections (1) and (3) cease to have effect if the period for which the disqualification order has effect is suspended or ends.

(6)A person who fails to comply with a requirement imposed by subsection (1) or (3) commits an offence.

(7)A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8)On sentencing a person for an offence under that subsection the court may by order extend the period for which the disqualification order is to have effect by such period as may be specified in the order under this subsection.

(9)But the power conferred by subsection (8) may not be exercised so as to provide for the disqualification order to have effect for a period exceeding 2 years in total.

(10)In this section “relevant document” has the same meaning as in section 39.

(11)Where this section applies in relation to a driving licence at any time before the commencement of Schedule 3 to the Road Safety Act 2006, any reference in this section to any relevant document includes the licence's counterpart (within the meaning of section 108(1) of the Road Traffic Act 1988).

39CBAppeals against disqualification orders

(1)A person against whom a disqualification order is made may appeal to the court against the order within a prescribed period (which must begin with the first day on which that person had actual notice of the order).

(2)Where an appeal is brought under subsection (1), the running of the period for which the order has effect shall be suspended until the time at which the appeal is determined, withdrawn or discontinued.

(3)If—

(a)the person against whom a disqualification order is made does not bring an appeal within the period specified in subsection (1), and

(b)prescribed conditions are satisfied,

the court may grant leave for an appeal to be brought after the end of that period.

(4)On granting leave under subsection (3) the court may suspend the running of the period for which the order has effect until such time and on such conditions (if any) as it thinks just.

(5)On an appeal under this section the court—

(a)shall reconsider the exercise by the [F27Secretary of State] of [F27the] powers under section 39B; and

(b)may by order affirm, vary or revoke the disqualification order.

(6)On an appeal under this section the court shall not question—

(a)the liability order by reference to which the [F28Secretary of State] acted as mentioned in section 39B(1)(a);

(b)any liability order made against the same person after the disqualification order was made; or

(c)the maintenance calculation by reference to which any liability order within paragraph (a) or (b) was made.

(7)The power under subsection (5) to vary a disqualification order includes power to extend the period for which it has effect; but that power may not be exercised so as to provide for it to have effect for a period exceeding 2 years in total.

(8)If, on appeal under this section, the court affirms or varies a disqualification order, the court shall substitute for the amount specified under section 39B(5) the aggregate of—

(a)the amount sought to be recovered as mentioned in section 39B(1)(a), or so much of it as remains unpaid;

(b)the amount which the person against whom the order was made is required to pay by the order under section 39DA(1), so far as remaining unpaid;

(c)the amount which that person is required to pay by the order under section 39DA(2); and

(d)if a liability order has been made against that person since the disqualification order was made, the amount in respect of which the liability order was made, so far as remaining unpaid.

(9)On the affirmation or variation of the disqualification order by the court, any existing suspension of the running of the period for which the order is to have effect shall cease.

(10)But the court may suspend the running of that period until such time and on such conditions (if any) as it thinks fit if—

(a)the person against whom the disqualification order was made agrees to pay the amount specified in the order; or

(b)the court is of the opinion that the suspension in question is justified by exceptional circumstances.

(11)If, on an appeal under this section, the court revokes a disqualification order, the court shall also revoke the order made under section 39DA(1).

(12)But subsection (11) does not apply if the court is of the opinion that, having regard to all the circumstances, it is reasonable to require the person against whom the disqualification order was made to pay the costs mentioned in section 39DA(1).

(13)In this section “the court” means—

(a)in relation to England and Wales, a magistrates' court;

(b)in relation to Scotland, the sheriff.

(5)After section 39D insert—

39DARecovery of [F29Secretary of State’s] costs

(1)On making a disqualification order against any person the [F30Secretary of State] shall also make an order requiring that person to pay an amount in respect of the costs incurred by the [F30Secretary of State] in exercising F31... functions under section 39B.

(2)If on an appeal under section 39CB the court affirms or varies a disqualification order made against any person, the court shall also make an order requiring that person to pay an amount in respect of the costs incurred by the [F32Secretary of State] in connection with the appeal (“the [F32Secretary of State’s] appeal costs”).

(3)If—

(a)on an appeal under that section the court revokes a disqualification order made against any person, and

(b)the court is satisfied that, having regard to all the circumstances, it is reasonable to require that person to pay an amount in respect of the [F33Secretary of State’s] appeal costs,

the court shall also make an order requiring that person to pay an amount in respect of those costs.

(4)Any amount payable by virtue of an order made under this section shall be—

(a)specified in the order; and

(b)determined in accordance with regulations made by the Secretary of State.

(5)The provisions of this Act with respect to—

(a)the collection of child support maintenance, and

(b)the enforcement of an obligation to pay child support maintenance,

apply equally (with any necessary modifications) to amounts which a person is required to pay under this section.

(6)Schedule 5 contains consequential amendments and other amendments related to the provision made by this section.

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Amendments (Textual)

Prospective

52Report on operation of driving licence amendmentsE+W+S

(1)The Secretary of State must prepare a report on the operation during the review period of the amendments of the 1991 Act made by section 51 and Schedule 5 so far as those amendments relate to the disqualification of any person for holding or obtaining a driving licence.

(2)“The review period” is the period of 24 months beginning with the day on which section 51 and Schedule 5 come into force in relation to the disqualification of any person for holding or obtaining a driving licence.

(3)The Secretary of State must—

(a)prepare the report, and

(b)lay it before Parliament,

within 6 months from the end of the review period.

(4)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.

(5)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—

(a)is dissolved or prorogued, or

(b)is adjourned for more than 4 days.

(6)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.

(7)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.

(8)An order under subsection (6) may contain consequential provision and transitional provision or savings.

(9)The consequential provision that may be made by an order under subsection (6) includes, in particular, provision amending, repealing or revoking—

(a)any provision of any Act passed before the making of the order, or

(b)any provision of any instrument made under any Act before the making of the order.

(10)Any power to make an order under this section is exercisable by statutory instrument.

(11)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.

(12)A statutory instrument containing an order under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.

(13)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.

Prospective

53Report on operation of [F34passport] amendmentsE+W+S

(1)The Secretary of State must prepare a report on the operation during the review period of the amendments of the 1991 Act made by section 51 and Schedule 5 so far as those amendments relate to the disqualification of any person for holding or obtaining [F35a United Kingdom passport].

(2)“The review period” is the period of 24 months beginning with the day on which section 51 and Schedule 5 come into force in relation to the disqualification of any person for holding or obtaining [F36a United Kingdom passport].

(3)The Secretary of State must—

(a)prepare the report, and

(b)lay it before Parliament,

within 6 months from the end of the review period.

(4)The continued effect of [F37the 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.

(5)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—

(a)is dissolved or prorogued, or

(b)is adjourned for more than 4 days.

(6)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 [F38the passport amendments] is reversed.

(7)The effect of [F39the 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 [F40a United Kingdom passport] as it would have had if this Act had not been passed.

(8)An order under subsection (6) may contain consequential provision and transitional provision or savings.

(9)The consequential provision that may be made by an order under subsection (6) includes, in particular, provision amending, repealing or revoking—

(a)any provision of any Act passed before the making of the order, or

(b)any provision of any instrument made under any Act before the making of the order.

(10)Any power to make an order under this section is exercisable by statutory instrument.

(11)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.

(12)A statutory instrument containing an order under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.

(13)In this section—

  • the 1991 Act” means the Child Support Act 1991 (c. 48);

  • [F41the 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; ]

  • [F41United Kingdom passport ” has the same meaning as in the Immigration Act 1971 (see section 33(1)). ]

  • F42...

  • F42...

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Amendments (Textual)

F34Word in s. 53 substituted (21.1.2011) by Identity Documents Act 2010 (c. 40), s. 14(2), Sch. para. 21(5)

F35Words in s. 53(1) substituted (21.1.2011) by Identity Documents Act 2010 (c. 40), s. 14(2), Sch. para. 21(2)

F36Words in s. 53(2) substituted (21.1.2011) by Identity Documents Act 2010 (c. 40), s. 14(2), Sch. para. 21(2)

F37Words in s. 53(4) substituted (21.1.2011) by Identity Documents Act 2010 (c. 40), s. 14(2), Sch. para. 21(3)

F38Words in s. 53(6) substituted (21.1.2011) by Identity Documents Act 2010 (c. 40), s. 14(2), Sch. para. 21(3)

F39Words in s. 53(7) substituted (21.1.2011) by Identity Documents Act 2010 (c. 40), s. 14(2), Sch. para. 21(3)

F40Words in s. 53(7) substituted (21.1.2011) by Identity Documents Act 2010 (c. 40), s. 14(2), Sch. para. 21(2)

F41Words in s. 53(13) inserted (21.1.2011) by Identity Documents Act 2010 (c. 40), s. 14(2), Sch. para. 21(4)(a)

F42Words in s. 53(13) omitted (21.1.2011) by virtue of Identity Documents Act 2010 (c. 40), s. 14(2), Sch. para. 21(4)(b)

54Payments of child support maintenanceE+W+S

(1)Section 29 of the Child Support Act 1991 (collection of child support maintenance) is amended as follows.

(2)In subsection (3) (provision which may be made by regulations for payment of child support maintenance), for paragraph (c) substitute—

(c)for determining, on the basis of prescribed assumptions, the total amount of the payments of child support maintenance payable in a reference period (including provision for adjustments to such an amount);

(ca)requiring payments of child support maintenance to be made—

(i)by reference to such an amount and a reference period; and

(ii)at prescribed intervals falling in a reference period;.

(3)After that subsection insert—

(3A)In subsection (3)(c) and (ca) “a reference period” means—

(a)a period of 52 weeks beginning with a prescribed date; or

(b)in prescribed circumstances, a prescribed period.

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Commencement Information

I23S. 54 in force at 8.10.2012 by S.I. 2012/2523, art. 2(1)(e)

55Child support maintenance: offences relating to informationE+W+S

(1)Section 14A of the Child Support Act 1991 (offences relating to information) is amended as follows.

(2)For subsection (3A) substitute—

(3A)In the case of regulations under section 14 which require a person liable to make payments of child support maintenance to notify—

(a)a change of address, or

(b)any other change of circumstances,

a person who fails to comply with the requirement is guilty of an offence.

(3)After subsection (5) insert—

(6)In England and Wales, an information relating to an offence under subsection (2) may be tried by a magistrates' court if it is laid within the period of 12 months beginning with the commission of the offence.

(7)In Scotland, summary proceedings for an offence under subsection (2) may be commenced within the period of 12 months beginning with the commission of the offence.

(8)Section 136(3) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (date when proceedings deemed to be commenced) applies for the purposes of subsection (7) as it applies for the purposes of that section.

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Commencement Information

I24S. 55(1) in force at 14.1.2010 for specified purposes by S.I. 2010/45, art. 2(3)

I25S. 55(1) in force at 8.10.2012 in so far as not already in force by S.I. 2012/2523, art. 2(1)(e)

I26S. 55(2) in force at 8.10.2012 by S.I. 2012/2523, art. 2(1)(e)

I27S. 55(3) in force at 14.1.2010 by S.I. 2010/45, art. 2(3)

Part 4 E+WBirth registration

56Registration of birthsE+W

Schedule 6 contains—

(a)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,

(b)amendments of that Act relating to the late registration of births, and

(c)related amendments of other legislation.

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Commencement Information

I28S. 56 in force at 21.5.2012 for specified purposes by S.I. 2012/1256, art. 2(2)(a)

I29S. 56 in force at 19.9.2016 for specified purposes by S.I. 2016/913, art. 2(a)

Part 5 E+W+S+N.I.General

57Consequential amendments of subordinate legislationE+W+S

(1)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.

(2)Regulations under this section may include—

(a)transitional provisions or savings, and

(b)provision conferring a discretion on any person.

(3)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

58Repeals and revocationsE+W+S

(1)Schedule 7 contains repeals and revocations.

(2)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—

(a)the repeals in the Social Security Contributions and Benefits Act 1992 (c. 4) other than those of sections 88, 89, 91 and 92;

(b)the repeal of paragraph 24 of Schedule 2 to the Jobseekers Act 1995 (c. 18);

(c)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

(d)the revocation in the Regulatory Reform (Carer's Allowance) Order 2002 (S.I. 2002/ 1457).

(3)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).

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Commencement Information

I30S. 58 partly in force;s. 58(2)(3) in force on 12.1.2010 see s. 61(2)

I31S. 58(1) in force at 22.3.2010 for specified purposes by S.I. 2010/293, art. 2(3)(c) (with art. 2(4))

I32S. 58(1) in force at 1.4.2010 for specified purposes by S.I. 2010/293, art. 2(5)(b)

59Financial provisionsE+W+S

(1)There is to be paid out of money provided by Parliament—

(a)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

(b)any increase attributable to this Act in the sums payable under any other Act out of money so provided.

(2)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.

60ExtentE+W+S+N.I.

(1)The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland—

  • section 24 and Schedule 4 (loss of benefit provisions);

  • section 36 (power to rename council tax benefit); and

  • this section and sections 61 and 62.

(2)Section 56 and Schedule 6 (birth registration) extend to England and Wales only.

(3)Subject to subsection (4), the other provisions of this Act extend to England and Wales and Scotland only.

(4)Any amendment, repeal or revocation made by this Act has the same extent as the enactment to which it relates.

(5)Subsection (4) is subject to paragraph 20(2) of Schedule 6.

61CommencementE+W+S+N.I.

(1)The following provisions of this Act come into force on the day on which this Act is passed—

  • sections 1 and 2;

  • section 8;

  • section 11;

  • section 23;

  • sections 27 and 28;

  • section 37;

  • section 57;

  • sections 59 and 60;

  • this section;

  • section 62; and

  • Schedule 3.

(2)The following provisions of this Act come into force at the end of the period of 2 months beginning with the day on which this Act is passed—

  • section 15;

  • section 34;

  • Part 2;

  • section 58(2) and (3); and

  • Part 2 of Schedule 7 so far as relating to the repeals and revocation mentioned in section 58(2).

(3)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.

(4)An order under subsection (3) may—

(a)appoint different days for different purposes and in relation to different areas;

(b)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.

(5)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.

62Short titleE+W+S+N.I.

This Act may be cited as the Welfare Reform Act 2009.

Schedules

Prospective

Section 4

F43Schedule 1E+W+SAmendments connected to section 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Prospective

Section 9

Schedule 2E+W+SAbolition of income support: consequential amendments

Magistrates' Courts Act 1980 (c. 43)E+W+S

1In sections 89(2A) and 90(3A) of the Magistrates' Courts Act 1980 (transfer of fine order), for “income support” substitute “ jobseeker's allowance etc.E+W+S

Criminal Justice Act 1991 (c. 53)E+W+S

2In 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 ”.E+W+S

Social Security Administration Act 1992 (c. 5)E+W+S

3In 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 ”.E+W+S

Local Government Finance Act 1992 (c. 14)E+W+S

4In paragraph 12(1) of Schedule 4 to the Local Government Finance Act 1992 (enforcement: relationship between remedies)—E+W+S

(a)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

(b)in paragraph (d), for “income support” substitute “ jobseeker's allowance payable as mentioned in paragraph (b) ”.

Jobseekers Act 1995 (c. 18)E+W+S

5The Jobseekers Act 1995 is amended as follows.E+W+S

6In section 2(1) (the contribution-based conditions), at the end of paragraph (b) insert “ and ”.E+W+S

7In 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 ”.E+W+S

Immigration and Asylum Act 1999 (c. 33)E+W+S

8In 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—E+W+S

(a)to such portion of the applicable amount in respect of an income-based jobseeker's allowance provided under section 4 of the Jobseekers Act 1995, or.

Social Security Fraud Act 2001 (c. 11)E+W+S

9The Social Security Fraud Act 2001 is amended as follows.E+W+S

10In 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) ”.E+W+S

11In section 7(2) (loss of benefit for commission of benefit offences), for “subsections (3)” substitute “ subsections (4) ”.E+W+S

Courts Act 2003 (c. 39)E+W+S

12The Courts Act 2003 is amended as follows.E+W+S

13In paragraph 10(a) of Schedule 5 (applications for benefit deductions), for “income support” substitute “ jobseeker's allowance ”.E+W+S

14In paragraph 2(1)(a)(v) of Schedule 6 (discharge of fines by unpaid work), for “income support” substitute “ jobseeker's allowance ”.E+W+S

Child Trust Funds Act 2004 (c. 6)E+W+S

15In 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 ”.E+W+S

Age-Related Payments Act 2004 (c. 10)E+W+S

16In section 2(3)(b) of the Age-Related Payments Act 2004 (entitlement: basic cases), at the end of sub-paragraph (i) insert “ or ”.E+W+S

Welfare Reform Act 2007 (c. 5)E+W+S

17In 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—E+W+S

income support” means income support under section 124 of the Contributions and Benefits Act;.

Section 11

F44Schedule 3E+W+SClaimants dependent on drugs etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F44Sch. 3 repealed (8.5.2012) by Welfare Reform Act 2012 (c. 5), ss. 60(3), 150(2)(b)

Section 24

Schedule 4E+W+S+N.I.Loss of benefit provisions: further amendments

Part 1 E+W+S+N.I.Further amendments of Social Security Fraud Act 2001

1In this Part of this Schedule “the 2001 Act” means the Social Security Fraud Act 2001 (c. 11).E+W+S+N.I.

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Commencement Information

I33Sch. 4 para. 1 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)

I34Sch. 4 para. 1 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)

2(1)Section 7 of the 2001 Act (loss of benefit for commission of benefit offences) is amended as follows.E+W+S+N.I.

(2)In subsection (8)—

(a)after the definition of “benefit offence” insert—

post-commencement offence” means an offence committed on or after 1 April 2002 (the day on which this section came into force)., and

(b)omit the definitions of “disqualifying benefit” and “sanctionable benefit”.

(3)In subsection (9)—

(a)in paragraph (a), after “sentenced)” insert “ or in the case mentioned in paragraph (b)(ii) the date of the order for absolute discharge ”, and

(b)for paragraph (b) substitute—

(b)references to a conviction include references to—

(i)a conviction in relation to which the court makes an order for absolute or conditional discharge or a court in Scotland makes a probation order,

(ii)an order for absolute discharge made by a court of summary jurisdiction in Scotland under section 246(3) of the Criminal Procedure (Scotland) Act 1995 without proceeding to a conviction, and

(iii)a conviction in Northern Ireland..

(4)Omit subsection (11).

(5)In the heading, for “commission of benefit offences” substitute “ second or subsequent conviction of benefit offence ”.

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Commencement Information

I35Sch. 4 para. 2 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)

I36Sch. 4 para. 2 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)

3(1)Section 8 of the 2001 Act (effect of offence on joint-claim jobseeker's allowance) is amended as follows.E+W+S+N.I.

(2)In subsection (1)(b), for “the restriction in subsection (2) of section 7” substitute “ an offence-related restriction ”.

(3)After subsection (1) insert—

(1A)In this section—

(a)an offence-related restriction” means the restriction in subsection (5) of section 6B or the restriction in subsection (2) of section 7, and

(b)in relation to an offence-related restriction, any reference to the relevant period is a reference to a period which is the disqualification period for the purposes of section 6B or section 7, as the case requires.

(4)In subsection (2)—

(a)for “the disqualification period” substitute “ the relevant period ”,

(b)in paragraph (a), for “the restriction in subsection (2) of section 7” substitute “ an offence-related restriction ”, and

(c)in paragraph (b), for “that restriction” substitute “ an offence-related restriction ”.

(5)In subsection (3)—

(a)for “the disqualification period” substitute “ the relevant period ”, and

(b)in paragraph (b), for “convictions section 7” substitute “ conduct section 6B or 7 ”.

(6)In subsection (4), for “the disqualification period” substitute “ the relevant period ”.

(7)After subsection (6) insert—

(7)Where, after the agreement of any member of a couple (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section—

(a)M's agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision, or

(b)it is decided on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998 that the overpayment to which the agreement relates is not recoverable or due,

all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under this section that could not have been imposed had M not agreed to pay the penalty.

(8)Where, after the agreement (“the old agreement”) of any member of a couple (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section, the amount of the overpayment to which the penalty relates is revised on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998—

(a)if there is a new disqualifying event for the purposes of section 6B consisting of M's agreement to pay a penalty under the appropriate penalty provision in relation to the revised overpayment or M being cautioned in relation to the offence to which the old agreement relates, the new disqualification period for the purposes of section 6B falls to be determined in accordance with section 6C(4)(a), and

(b)in any other case, all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under this section that could not have been imposed had M not agreed to pay the penalty.

(9)In this section “the appropriate penalty provision” has the meaning given by section 6B(2)(a).

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Commencement Information

I37Sch. 4 para. 3 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)

I38Sch. 4 para. 3 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)

4(1)Section 9 of the 2001 Act (effect of offence on benefits for members of offender's family) is amended as follows.E+W+S+N.I.

(2)In subsection (2)(b), for “section 7” substitute “ section 6B or 7 ”.

(3)After subsection (6) insert—

(7)Where, after the agreement of any member of a person's family (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section—

(a)M's agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision, or

(b)it is decided on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998 that the overpayment to which the agreement relates is not recoverable or due,

all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed that could not have been imposed had M not agreed to pay the penalty.

(8)Where, after the agreement (“the old agreement”) of any member of a person's family (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section, the amount of the overpayment to which the penalty relates is revised on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998—

(a)if there is a new disqualifying event for the purposes of section 6B consisting of M's agreement to pay a penalty under the appropriate penalty provision in relation to the revised overpayment or M being cautioned in relation to the offence to which the old agreement relates, the new disqualification period for the purposes of section 6B falls to be determined in accordance with section 6C(4)(a), and

(b)in any other case, all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under this section that could not have been imposed had M not agreed to pay the penalty.

(9)In this section “the appropriate penalty provision” has the meaning given by section 6B(2)(a).

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Commencement Information

I39Sch. 4 para. 4 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)

I40Sch. 4 para. 4 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)

5(1)Section 10 of the 2001 Act (power to supplement and mitigate loss of benefit provisions) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “sections 7 to 9” substitute “ sections 6A to 9 ”.

(3)In subsection (2), after “section” insert “ 6B, ”.

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Commencement Information

I41Sch. 4 para. 5 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)

I42Sch. 4 para. 5 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)

6(1)Section 11 of the 2001 Act (loss of benefit regulations) is amended as follows.E+W+S+N.I.

(2)In subsections (1) and (2), for “sections 7 to 10” substitute “ sections 6B to 10 ”.

(3)In subsection (3)—

(a)in paragraph (a), after “section” insert “ 6B or ”,

(b)in paragraph (b), after “section” insert “ 6B(6), ”, and

(c)in paragraph (c), after “section” insert “ 6B(7), (8), (9) or (10), ”.

(4)In subsections (4) and (5), for “sections 7 to 10” substitute “ sections 6B to 10 ”.

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Commencement Information

I43Sch. 4 para. 6 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)

I44Sch. 4 para. 6 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)

7(1)Section 13 of the 2001 Act (interpretation of sections 7 to 12) is amended as follows.E+W+S+N.I.

(2)For the words “sections 7 to 12”, both in the section and in the heading to the section, substitute “ sections 6A to 12 ”.

(3)After the definition of “benefit” insert—

cautioned”, in relation to any person and any offence, means cautioned after the person concerned has admitted the offence; and “caution” is to be interpreted accordingly;.

(4)Omit the definitions of “disqualification period” and “post-commencement offence”.

(5)In the definition of “sanctionable benefit”, for “section 7(8)” substitute “ section 6A(1) ”.

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Commencement Information

I45Sch. 4 para. 7 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)

I46Sch. 4 para. 7 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)

8In section 21(2) of the of the 2001 Act (extent), after “sections 5(2),” insert “ 6A, 6B and 6C ”.E+W+S+N.I.

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Commencement Information

I47Sch. 4 para. 8 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)

I48Sch. 4 para. 8 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)

Part 2 E+W+S+N.I.Related amendments of other Acts

Social Security Administration Act 1992 (c. 5)E+W+S+N.I.

9In 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)—E+W+S+N.I.

(a)in the definition of the “relevant enactments”, in paragraph (ag), for “sections 7 to 11” substitute “ sections 6A to 11 ”, and

(b)in the definition of “the relevant Northern Ireland enactments”, in paragraph (ag), for “sections 7 to 11” substitute “ sections 6A to 11 ”.

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Commencement Information

I49Sch. 4 para. 9 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)

I50Sch. 4 para. 9 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)

Social Security Act 1998 (c. 14)E+W+S+N.I.

10In paragraph 3 of Schedule 3 to the Social Security Act 1998 (decisions against which an appeal lies), in paragraph (f), after “section” insert “ 6B, ”.E+W+S+N.I.

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Commencement Information

I51Sch. 4 para. 10 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)

I52Sch. 4 para. 10 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)

Prospective

Section 51

Schedule 5E+W+SSection 51: consequential amendments etc.

Child Support Act 1991 (c. 48)E+W+S

1The Child Support Act 1991 is amended as follows.E+W+S

2In section 39B (disqualification for holding or obtaining travel authorisation), in the title, after “obtaining” insert driving licence or.E+W+S

3(1)Section 39C (period for which orders under section 39B are to have effect) is amended as follows.E+W+S

(2)In subsection (2)—

(a)for “an order under section 39B, the court” substitute “ a disqualification order, the [F45Secretary of State], and

(b)for “as the court” substitute “ as the [F45Secretary of State].

(3)In subsection (3)—

(a)for “such an order the court” substitute “ a disqualification order, the [F46Secretary of State], and

(b)for “as the court” substitute “ as the [F46Secretary of State].

(4)In subsection (4)—

(a)for “court” (in both places) substitute [F47Secretary of State], and

(b)in paragraph (a), for “the order under section 39B” substitute “ the disqualification order ”.

(5)In subsection (5)—

(a)for “application under section 39B” substitute “ disqualification order ”, and

(b)for “an order under that section” substitute “ a previous disqualification order ”.

(6)In the title, for “orders under section 39B” substitute disqualification orders.

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Amendments (Textual)

4In section 39D (power to order search), for subsections (1) and (2) substitute—E+W+S

(1)On an appeal under section 39CB the court may order the person against whom the disqualification order was made to be searched.

(2)Any money found on such a search shall, unless the court otherwise directs, be applied towards payment of any amount that would otherwise, on the affirmation or variation of the order, be substituted under section 39CB(8) for the amount specified under section 39B(5); and the balance (if any) shall be returned to the person searched.

5(1)Section 39E (variation and revocation of orders following payment) is amended as follows.E+W+S

(2)In subsection (1)—

(a)for “an order under section 39B” substitute “ a disqualification order ”,

(b)for “court” substitute [F48Secretary of State],

(c)omit “the [F48Secretary of State] or”, and

(d)in paragraphs (a) and (b), for “the order under section 39B” substitute “ the disqualification order ”.

(3)After that subsection insert—

(1A)The power conferred by subsection (1) shall be exercisable by the court instead of by the [F49Secretary of State] at any time when an appeal brought under section 39CB against the order has not been determined, withdrawn or discontinued.

(4)In subsection (2)—

(a)for “an order under section 39B” substitute “ a disqualification order ”,

(b)for “court” substitute [F50Secretary of State],

(c)omit “the [F50Secretary of State] or”, and

(d)for “the order under section 39B” substitute “ the disqualification order ”.

(5)Omit subsections (3) to (5).

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Amendments (Textual)

6For section 39F substitute—E+W+S

39FPower to make supplementary provision

(1)The Secretary of State may by regulations make provision with respect to—

(a)disqualification orders;

(b)appeals against disqualification orders; and

(c)orders under section 39DA.

(2)The regulations may, in particular, make provision—

(a)as to the form and content of a disqualification order;

(b)as to the surrender of documents under section 39CA and their return when the period for which a disqualification order has effect is suspended or has ended;

(c)that a statement in writing to the effect that wages of any amount have been paid to a person during any period, purporting to be signed by or on behalf of the person's employer, shall be evidence (or, in Scotland, sufficient evidence) of the facts stated for the purposes of an appeal under section 39CB;

(d)permitting or requiring the court to dismiss an appeal brought under that section where the person who brought it fails to appear at the hearing;

(e)requiring the court to send notice to the [F51Secretary of State] of any order made on an appeal under that section;

(f)as to the exercise by the [F51Secretary of State] and the court of the power conferred by section 39E(1);

(g)as to the revival of a disqualification order in such circumstances as may be prescribed;

(h)for sections 39C to 39E to have effect with prescribed modifications in cases where a person against whom a disqualification order has effect is outside the United Kingdom.

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Amendments (Textual)

7Omit section 39G (application of sections 39B and 39F to Scotland).E+W+S

8Omit section 40B (disqualification for holding or obtaining driving licence).E+W+S

9In section 52(2A)(b) (regulations and orders: affirmative resolution procedure), after “under section” insert “ 39CA(4), 39CB(3)(b), ”.E+W+S

Child Maintenance and Other Payments Act 2008 (c. 6)E+W+S

10In section 59(5) and (6) of the Child Maintenance and Other Payments Act 2008 (transition), after “39B,” insert “ 39CB, ”.E+W+S

Section 56

Schedule 6E+WRegistration of births

Part 1 E+WAmendments of Births and Deaths Registration Act 1953

1In this Schedule “the 1953 Act” means the Births and Deaths Registration Act 1953 (c. 20).E+W

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Commencement Information

I53Sch. 6 para. 1 in force at 19.9.2016 by S.I. 2016/913, art. 2(b)

Prospective

2(1)Section 1 of the 1953 Act (particulars of births required to be registered) is amended as follows.E+W

(2)In subsection (2), for paragraph (a) substitute—

(a)the mother of the child;

(aa)the father of the child where—

(i)the child is one whose father and mother were married to each other at the time of the child's birth, or

(ii)the father is a qualified informant by virtue of subsection (2)(a) of section 10 (registration of father where parents not married or of second female parent where parents not [F52married or]civil partners) or by virtue of regulations under subsection (6)(b) of section 2E (scientific tests);.

(3)For subsection (3) substitute—

(3)In subsection (2)(aa)—

(a)the first reference to the father is, in the case of a child who has a parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, to be read as a reference to the woman who is a parent by virtue of that section;

(b)the reference in sub-paragraph (ii) to the father being a qualified informant by virtue of section 10(2)(a) is, in the case of a child who has a parent by virtue of section 43 of that Act, to be read as a reference to that parent being a qualified informant by virtue of section 10(2A)(a).

(4)After subsection (3) insert—

(4)In this Part, references to a child whose father and mother were, or were not, married to each other at the time of the child's birth are to be read in accordance with section 1 of the Family Law Reform Act 1987 (which extends the cases in which a person is treated as being a person whose father and mother were married to each other at the time of the person's birth).

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Amendments (Textual)

Prospective

3(1)Section 2 of the 1953 Act (information concerning birth to be given to registrar within 42 days) is amended as follows.E+W

(2)In subsection (1), after “every birth” insert “ of a child whose father and mother were married to each other at the time of the child's birth ”.

(3)In subsection (2), for “subsection (1)” substitute “ subsection (1)(a) and (b) ”.

(4)In the title, for the words from “to be given” onwards substitute “ of child whose parents are married ”.

Prospective

4After section 2 of the 1953 Act insert—E+W

2AInformation concerning birth of child whose parents are not married

(1)In the case of every birth of a child whose father and mother were not married to each other at the time of the birth, it shall be the duty—

(a)of the mother of the child, and

(b)in the case of the death or inability of the mother, of each qualified informant falling within section 1(2)(b) to (e),

to give to the registrar, before the expiration of a period of 42 days from the date of the birth, information of the particulars required to be registered concerning the birth, together with any other information required by section 2B(1), and in the presence of the registrar to sign the register.

(2)The giving of information and the signing of the register by any one qualified informant shall act as a discharge of any duty under this section of every other qualified informant, but this does not affect—

(a)any duty of the father by virtue of regulations under section 2C (confirmation of parentage information given by mother), or

(b)any duty by virtue of regulations under section 2E (scientific tests).

(3)This section ceases to apply if, before the end of the period mentioned in subsection (1) and before the birth has been registered, an inquest is held at which the child is found to have been still-born.

(4)In the case of a child who has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, the reference in subsection (2)(a) to the father is to be read as a reference to the woman who is a parent by virtue of that section.

2BDuties of unmarried mother when acting alone

(1)Where no request for the entry of a person's name as the father of the child is made by virtue of any of paragraphs (a) to (g) of section 10(1) (registration of father where parents are not married) or by virtue of regulations under section 2E (scientific tests), the information to be given under section 2A(1) by the mother includes such information relating to the father as may be prescribed for the purposes of this subsection by regulations made by the Minister, which may include information that is not intended to be entered on the register.

(2)The Registrar General may by regulations authorise or require the information relating to the father to be provided in a prescribed form or manner.

(3)Subsection (1) does not require the mother to provide information relating to the father if she makes in the presence of the registrar a declaration in the prescribed form stating that one or more of the following conditions is met.

(4)Those conditions are—

(a)that by virtue of section 41 of the Human Fertilisation and Embryology Act 2008 the child has no father,

(b)that the father has died,

(c)that the mother does not know the father's identity,

(d)that the mother does not know the father's whereabouts,

(e)that the father lacks capacity (within the meaning of the Mental Capacity Act 2005) in relation to decisions under this Part,

(f)that the mother has reason to fear for her safety or that of the child if the father is contacted in relation to the registration of the birth, and

(g)any other conditions prescribed by regulations made by the Minister.

(5)Subsection (1) does not apply—

(a)in the case of a still-birth,

(b)if the child has died, or

(c)if the mother acknowledges in accordance with regulations made by virtue of subsection (2)(b) of section 2D (declaration before registration by person claiming to be other parent) that a person who has previously given notice by virtue of subsection (2)(a) of that section is the other parent of the child.

(6)The Minister may by regulations provide that, except in such cases as the regulations may prescribe, where the mother is required by subsection (1) to give information relating to the father—

(a)the mother's duty under section 2A to sign the register is to have effect as a duty to sign a declaration in such form as may be so prescribed,

(b)the registrar is not to register the birth of the child until such time as may be determined in accordance with the regulations, and

(c)the entry in the register is to be taken for the purposes of this Act to have been signed by the person who signed the declaration.

(7)No information relating to the father is to be entered in the register merely because it is given by the mother by virtue of subsection (1).

(8)In the case of a child who has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008—

(a)references in this section to the father are to be read as references to the woman who is a parent by virtue of that section,

(b)the reference in subsection (1) to paragraphs (a) to (g) of section 10(1) is to be read as a reference to paragraphs (a) to (f) of section 10(1B), and

(c)paragraphs (a) and (c) of subsection (4) do not apply.

2CConfirmation of parentage information given by mother

(1)The Minister may by regulations provide for a procedure under which a person may be registered as the father of a child in a case where information relating to that person is given by virtue of section 2B(1) by the mother of the child and is subsequently confirmed by that person.

(2)Regulations under this section may in particular—

(a)enable or require the registrar by notice to require the person in relation to whom information has been given by virtue of section 2B(1) by the mother (“the alleged father”) to state whether or not he acknowledges that he is the father of the child,

(b)where the alleged father acknowledges that he is the father of the child, require the alleged father to give prescribed information to the registrar,

(c)where the alleged father gives that information to the registrar, require the registrar to enter the alleged father's name in the register as the father of the child or, where the birth has already been registered, to re-register the birth so as to show the alleged father as the father, and

(d)provide that in prescribed cases where the alleged father is not required by the regulations to sign the register, the entry in the register is to be taken for the purposes of this Act to have been signed by the alleged father.

(3)In the case of a child who has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, references in subsection (1) or (2) to the father are to be read as references to the woman who is a parent by virtue of that section (and references to the alleged father have a corresponding meaning).

(4)Regulations under this section may—

(a)require anything to be done in a prescribed form or manner or in the presence of the registrar,

(b)make provision as to the time within which anything is required or authorised to be done.

(5)In this section “prescribed” means prescribed by regulations made under this section by the Minister.

2DDeclaration before registration by person claiming to be other parent

(1)The Minister may by regulations provide for a procedure under which a person may be registered as the father of a child whose father and mother were not married to each other at the time of the child's birth, on the basis of information that is—

(a)given by that person (in the absence of the mother) before the birth is registered, and

(b)confirmed by the mother when she provides information of the particulars required to be registered concerning the birth.

(2)Regulations under this section may in particular—

(a)enable a person who believes himself to be the father of a child to make a declaration to that effect to the registrar before the birth of the child is registered,

(b)require the mother of the child, on giving information concerning the birth of the child or in such other circumstances as may be prescribed, to state whether or not she acknowledges that the person is the father of the child,

(c)where the mother acknowledges that the person is the father of the child, require the registrar to enter the person's name in the register as the father of the child, and

(d)provide that in prescribed cases where the person is not required by the regulations to sign the register, the entry in the register is to be taken for the purposes of this Act to have been signed by the person.

(3)In the case of a child who has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, references in subsections (1) and (2) to the father (except in the reference in subsection (1) to a child whose father and mother were not married to each other at the time of the child's birth) are to be read as references to the woman who is a parent by virtue of that section.

(4)Regulations under this section may—

(a)require anything to be done in a prescribed form or manner or in the presence of the registrar,

(b)make provision as to the time within which anything is required or authorised to be done.

(5)This section does not apply—

(a)in relation to a still-birth, or

(b)if the child has died.

(6)In this section “prescribed” means prescribed by regulations made under this section by the Minister.

2EUse of scientific tests with consent of parties

(1)The Minister may by regulations make provision enabling a report of a qualifying scientific test to be used in connection with the registration or re-registration under this Act of the birth of a child in cases where—

(a)the birth has not been registered under this Act, or

(b)the birth has been registered but no person has been registered as the father of the child (or as a parent of the child by virtue of section 42, 43 or 46(1) or (2) of the Human Fertilisation and Embryology Act 2008).

(2)A qualifying scientific test is a scientific test that complies with prescribed requirements and is carried out by a person who is accredited by the Minister for the purposes of this section in accordance with the regulations.

(3)The regulations may not require any person to participate in a qualifying scientific test.

(4)The regulations may not enable or require a report of a qualifying scientific test to be used as mentioned in subsection (1) unless, before the test is carried out, the mother and the man to whom the test relates—

(a)consent to the carrying out of the test, and

(b)agree in the prescribed manner that if the report of the test is positive the man's name will be entered in the register as the father of the child.

(5)For the purposes of this section, the report of a qualifying scientific test is positive if the report states that the result of the test indicates to a prescribed degree of certainty that the man concerned is the father of the child.

(6)Regulations under this section may—

(a)enable or require the mother or the man, if the report of the qualifying scientific test is positive, to apply for the registration (or re-registration) of the birth so as to show the man as the father,

(b)provide that where the regulations enable or require the man to apply for registration, the man is to be treated for the purposes of this Part as a qualified informant concerning the birth of the child,

(c)impose obligations on the registrar in relation to the registration (or re-registration) of the birth,

(d)require anything to be done in a prescribed form or manner or in the presence of the registrar,

(e)make provision as to the time within which anything is required or authorised to be done.

(7)The regulations may not require the registrar to enter a man's name in the register as the father of a child if it appears to the registrar that by virtue of any provision of sections 35 to 47 of the Human Fertilisation and Embryology Act 2008 the man is not the father of the child.

(8)This section does not apply in relation to a still-birth.

(9)In this section “prescribed” means prescribed by regulations made under this section by the Minister.

5In section 4 of the 1953 Act (registrar's power to require information concerning birth), in paragraph (a), for “three months” substitute “ 12 months ”.E+W

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Commencement Information

I54Sch. 6 para. 5 in force at 21.5.2012 by S.I. 2012/1256, art. 2(2)(b)

I55Sch. 6 paras. 5-9 in force at 21.5.2012 by S.I. 2012/1256, art. 2(2)(b)

6In section 5 of the 1953 Act (registration of births free of charge) for “three months” substitute “ 12 months ”.E+W

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Commencement Information

I55Sch. 6 paras. 5-9 in force at 21.5.2012 by S.I. 2012/1256, art. 2(2)(b)

I56Sch. 6 para. 6 in force at 21.5.2012 by S.I. 2012/1256, art. 2(2)(b)

7Omit section 6 of the 1953 Act (which makes special provision about registration between 3 and 12 months from the date of birth).E+W

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Commencement Information

I55Sch. 6 paras. 5-9 in force at 21.5.2012 by S.I. 2012/1256, art. 2(2)(b)

I57Sch. 6 para. 7 in force at 21.5.2012 by S.I. 2012/1256, art. 2(2)(b)

8In section 7 of the 1953 Act (registration after twelve months from date of birth) omit subsection (3) (which excludes still-births).E+W

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Commencement Information

I55Sch. 6 paras. 5-9 in force at 21.5.2012 by S.I. 2012/1256, art. 2(2)(b)

I58Sch. 6 para. 8 in force at 21.5.2012 by S.I. 2012/1256, art. 2(2)(b)

9In section 8 of the 1953 Act (penalty for improper registration after 3 months from date of birth)—E+W

(a)for “the two last foregoing sections” substitute “ section 7 ”, and

(b)for “three months” (both in the section and in the title) substitute “ 12 months ”.

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Commencement Information

I55Sch. 6 paras. 5-9 in force at 21.5.2012 by S.I. 2012/1256, art. 2(2)(b)

I59Sch. 6 para. 9 in force at 21.5.2012 by S.I. 2012/1256, art. 2(2)(b)

Prospective

10(1)Section 9 of the 1953 Act (giving of information to a person other than the registrar) is amended as follows.E+W

(2)After subsection (3) insert—

(3A)Anything that section 2B (duties of unmarried mother when acting alone) requires to be done in the presence of, or in relation to, the registrar may, in prescribed cases, be done in the presence of, or in relation to, such officer as may be prescribed.

(3)After subsection (5) insert—

(6)Regulations under section 2C, 2D, 2E, 10B or 10C may enable anything that would otherwise be required or authorised to be done under the regulations in the presence of, or in relation to, the registrar to be done instead in the presence of, or in relation to, such officer as may be prescribed by the regulations.

Prospective

11(1)Section 10 of the 1953 Act (registration of father where parents not married or of second female parent where parents not civil partners) is amended as follows.E+W

(2)In subsection (1)—

(a)for the words from the beginning to “the registrar” substitute “ In the case of a child whose father and mother were not married to 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 ”,

(b)in paragraph (b) for sub-paragraph (ii) substitute—

(ii)a declaration in the prescribed form which is made by that person, states himself to be the father of the child, and is countersigned by a prescribed person; or,

(c)in paragraph (c) for sub-paragraph (ii) substitute—

(ii)a declaration in the prescribed form which is made by the mother, states that that person is the father of the child, and is countersigned by a prescribed person; or, and

(d)at the end of paragraph (g) insert or

(h)in accordance with regulations made under section 2C (confirmation of parentage information given by mother), section 2D (declaration before registration by person claiming to be other parent) or section 2E (scientific tests).

(3)In subsection (1B)—

(a)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 ”,

(b)in paragraph (b) for sub-paragraph (ii) substitute—

(ii)a declaration in the prescribed form which is made by the woman concerned, states herself to be a parent of the child by virtue of section 43 of that Act, and is countersigned by a prescribed person; or,

(c)in paragraph (c) for sub-paragraph (ii) substitute—

(ii)a declaration in the prescribed form which is made by the mother, states that the woman concerned is a parent of the child by virtue of section 43 of that Act, and is countersigned by a prescribed person; or, and

(d)at the end of paragraph (f) insert or

(g)in accordance with regulations made under section 2C (confirmation of parentage information given by mother) or section 2D (declaration before registration by person claiming to be other parent).

(4)After subsection (1B) insert—

(1C)Subsections (1) and (1B) have effect subject to section 10ZA.

(5)In subsections (2)(b) and (2A)(b), for “section 2” substitute “ section 2A ”.

(6)Omit subsection (3).

12(1)Section 10A of the 1953 Act (Re-registration where parents neither married nor civil partners) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (b) for sub-paragraph (ii) substitute—

(ii)a declaration in the prescribed form which is made by that person, states himself to be the father of the child, and is countersigned by a prescribed person; or,

(b)in paragraph (c) for sub-paragraph (ii) substitute—

(ii)a declaration in the prescribed form which is made by the mother, states that that person is the father of the child, and is countersigned by a prescribed person; or.

(3)In subsection (1B)—

(a)in paragraph (b) for sub-paragraph (ii) substitute—

(ii)a declaration in the prescribed form which is made by the woman concerned, states herself to be a parent of the child by virtue of section 43 of that Act, and is countersigned by a prescribed person; or,

(b)in paragraph (c) for sub-paragraph (ii) substitute—

(ii)a declaration in the prescribed form which is made by the mother, states that the woman concerned is a parent of the child by virtue of section 43 of that Act, and is countersigned by a prescribed person; or.

(4)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.

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Commencement Information

I60Sch. 6 para. 12(4) in force at 21.5.2012 by S.I. 2012/1256, art. 2(2)(b)

Prospective

13After section 10A of the 1953 Act insert—E+W

10BRe-registration after sole registration: information provided by other parent and confirmed by mother

(1)The Minister may by regulations make provision for the re-registration of a birth to show a person as the father of a relevant child, on the basis of information given by that person after the birth is registered and confirmed by the mother.

(2)In this section a “relevant child” means a child—

(a)whose father and mother were not married to each other at the time of the child's birth, and

(b)whose birth has been registered before or after the commencement of this section without any person being registered as the father of the child (or as a parent of the child by virtue of section 42, 43 or 46(1) or (2) of the Human Fertilisation and Embryology Act 2008).

(3)Regulations under subsection (1) may—

(a)enable a person who believes himself to be the father of a relevant child to make a declaration to that effect to the registrar,

(b)enable or require the registrar by notice to require the mother to state whether or not she acknowledges that the person is the father of the child, and

(c)where the mother acknowledges that the person is the father, require the registrar to re-register the birth so as to show the person as the father.

(4)In the case of a child who has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, references in subsections (1) and (3) to the father are to be read as references to the woman who is a parent by virtue of that section.

(5)Regulations under this section may—

(a)require anything to be done in a prescribed form or manner or in the presence of the registrar,

(b)make provision as to the time within which anything is required or authorised to be done.

(6)Regulations under this section may not provide for any birth to be re-registered except with the authority of the Registrar General.

(7)In this section “prescribed” means prescribed by regulations made under this section by the Minister.

10CRe-registration after sole registration: information provided by mother and confirmed by other parent

(1)The Minister may by regulations make provision for the re-registration of a birth to show a person as the father of a relevant child, on the basis of information given by the mother after the birth is registered and confirmed by that person.

(2)In this section a “relevant child” means a child—

(a)whose father and mother were not married to each other at the time of the child's birth, and

(b)whose birth has been registered before or after the commencement of this section without any person being registered as the father of the child (or as a parent of the child by virtue of section 42, 43 or 46(1) or (2) of the Human Fertilisation and Embryology Act 2008).

(3)Regulations under subsection (1) may—

(a)enable the mother of a relevant child to make a declaration to the registrar stating that a specified person (“the alleged father”) is the father of the child,

(b)enable or require the registrar by notice to require the alleged father to state whether or not he acknowledges that he is the father of the child,

(c)where the alleged father acknowledges that he is the father of the child, require the alleged father to give prescribed information to the registrar, and

(d)where the alleged father gives that information to the registrar, require the registrar to re-register the birth so as to show the alleged father as the father.

(4)In the case of a child who has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, references in subsections (1) and (3) to the father are to be read as references to the woman who is a parent by virtue of that section (and references to the alleged father have a corresponding meaning).

(5)Regulations under this section may—

(a)require anything to be done in a prescribed form or manner or in the presence of the registrar,

(b)make provision as to the time within which anything is required or authorised to be done.

(6)Regulations under this section may not provide for any birth to be re-registered except with the authority of the Registrar General.

(7)In this section “prescribed” means prescribed by regulations made under this section by the Minister.

14In section 34 of the 1953 Act (entry in register as evidence of birth or death), in subsection (3), for paragraph (a) substitute—E+W

(a)if it appears that not more than 12 months have so intervened—

(i)the original entry was made after the commencement of paragraph 7 of Schedule 6 to the Welfare Reform Act 2009, or

(ii)the entry purports either to be signed by the superintendent registrar as well as by the registrar or to have been made with the authority of the Registrar General;.

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Commencement Information

I61Sch. 6 para. 14 in force at 21.5.2012 by S.I. 2012/1256, art. 2(2)(b)

Prospective

15In section 36 of the 1953 Act (penalties for failure to give information) after paragraph (a) insert—E+W

(aa)if, being required by regulations under section 2C, 2D, 2E, 10B or 10C to do anything within a particular time, he refuses or fails without reasonable excuse to do so;.

Prospective

16In 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 ”.E+W

17After section 39 of the 1953 Act insert—E+W

39ARegulations made by the Minister: further provisions

(1)Regulations made by the Minister under the relevant provisions may—

(a)make different provision for different cases or areas,

(b)provide for exemptions from any of the provisions of the regulations, and

(c)contain such incidental, supplemental and transitional provision as the Minister considers appropriate.

(2)Before making regulations under the relevant provisions, the Minister must consult the Registrar General.

(3)Any power of the Minister to make regulations under the relevant provisions is exercisable by statutory instrument.

(4)A statutory instrument containing regulations made by the Minister under the relevant provisions is subject to annulment in pursuance of a resolution of either House of Parliament.

(5)In this section “the relevant provisions” means sections 2B(1), (4) and (6), 2C, 2D, 2E, 10B and 10C.

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Commencement Information

I62Sch. 6 para. 17 in force at 19.9.2016 by S.I. 2016/913, art. 2(b)

Prospective

18In 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) ”.E+W

Part 2 E+WOther amendments

Prospective

Perjury Act 1911 (c. 6)E+W

19In section 4 of the Perjury Act 1911 (false statements, etc, as to births or deaths) after subsection (1) insert—E+W

(1A)For the purposes of subsection (1)(a), information which a person is required to provide to a registrar of births or deaths for the purposes of subsection (1) of section 2B of the Births and Deaths Registration Act 1953 (duties of unmarried mother when acting alone) is to be taken to be information concerning a birth.

Population (Statistics) Act 1938 (c. 12)E+W

20(1)In the Schedule to the Population (Statistics) Act 1938 (particulars which may be required on registration of a birth), in paragraph 1—E+W

(a)for paragraph (a) substitute—

(a)in all cases—

(i)the age of the mother;

(ii)the number of previous children of the mother, and how many of them were born alive or were still-born;.

(b)for paragraph (c) substitute—

(c)where the birth is of a child whose father and mother were married to each other at the time of the child's birth (or is by reason of any marriage of the child's parents treated by section 1(2) of the Family Law Reform Act 1987 as such a child for the purposes of that Act)—

(i)the date of the marriage, and

(ii)whether the mother had been married, or had formed a civil partnership, before her marriage to the child's father;

(d)where the birth is of a child to whom section 1(3) of that Act applies by reason of any civil partnership between the child's parents—

(i)the date of the formation of the civil partnership, and

(ii)whether the mother had been married, or had formed a civil partnership, before she formed the civil partnership with the child's other parent;

(e)where the birth does not fall within paragraph (c) or (d), whether at any time before the birth the mother had been married or had formed a civil partnership.

(2)This paragraph does not extend to Scotland.

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Commencement Information

I63Sch. 6 para. 20 in force at 21.5.2012 by S.I. 2012/1256, art. 2(2)(b)

Prospective

Children Act 1989 (c. 41)E+W

21(1)Section 4 of the Children Act 1989 (acquisition of parental responsibility by father) is amended as follows.E+W

(2)At the beginning of subsection (1)(a) insert “ except where subsection (1C) applies, ”.

(3)In subsection (1A), after paragraph (a) insert—

(aa)regulations under section 2C, 2D, 2E, 10B or 10C of the Births and Deaths Registration Act 1953;.

(4)After subsection (1B) insert—

(1C)The father of a child does not acquire parental responsibility by virtue of subsection (1)(a) if, before he became registered as the child's father under the enactment in question—

(a)the court considered an application by him for an order under subsection (1)(c) in relation to the child but did not make such an order, or

(b)in a case where he had previously acquired parental responsibility for the child, the court ordered that he was to cease to have that responsibility.

22(1)Section 4ZA of the Children Act 1989 (acquisition of parental responsibility by second female parent) is amended as follows.E+W

(2)At the beginning of subsection (1)(a) insert “ except where subsection (3A) applies, ”.

(3)In subsection (2), after paragraph (a) insert—

(aa)regulations under section 2C, 2D, 10B or 10C of the Births and Deaths Registration Act 1953;.

(4)After subsection (3) insert—

(3A)A person who is a parent of a child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 does not acquire parental responsibility by virtue of subsection (1)(a) if, before she became registered as a parent of the child under the enactment in question—

(a)the court considered an application by her for an order under subsection (1)(c) in relation to the child but did not make such an order, or

(b)in a case where she had previously acquired parental responsibility for the child, the court ordered that she was to cease to have that responsibility.

Prospective

Child Support Act 1991 (c. 48)E+W

23In 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, ”.E+W

Prospective

Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))E+W

24In 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, ”.E+W

Prospective

Children (Scotland) Act 1995 (c. 36)E+W

25In section 3 of the Children (Scotland) Act 1995 (provisions relating both to parental responsibilities and parental rights), in subsection (3A), after paragraph (b) insert—E+W

(ba)regulations under section 2C, 2D, 10B or 10C of the Births and Deaths Registration Act 1953;.

Prospective

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))E+W

26(1)Article 7 of the Children (Northern Ireland) Order 1995 (acquisition of parental responsibility) is amended as follows.E+W

(2)In paragraph (2A) for the “or” at the end of paragraph (b) substitute—

(ba)regulations under section 2C, 2D, 2E, 10B or 10C of the Births and Deaths Registration Act 1953; or.

(3)In paragraph (2B), for the “or” at the end of paragraph (b) substitute—

(ba)regulations under section 2C, 2D, 10B or 10C of the Births and Deaths Registration Act 1953; or.

Section 58

Schedule 7E+W+SRepeals and revocations

Prospective

Part 1 E+W+SAbolition of income support

The repeals and revocations made by this Part of this Schedule have effect in accordance with provision made by an order under section 9.

ReferenceExtent of repeal or revocation
Maintenance Orders Act 1950 (c. 37)

In section 4—

(a)

subsection (1)(d), and

(b)

in subsection (2), the words “or the said section 106”.

In section 9—

(a)

subsection (1)(d), and

(b)

in subsection (2), the words “or the said section 106”.

Transport Act 1982 (c. 49)In section 70(2)(b), the words “income support,”.
Social Security Act 1986 (c. 50)In Schedule 10, paragraphs 35 and 36.
Children Act 1989 (c. 41)In section 17(9), the words “of income support under Part VII of the Social Security Contributions and Benefits Act 1992,”.
In section 17A(5)(b), the words “of income support under Part 7 of the Social Security Contributions and Benefits Act 1992 (c. 4),”.
In section 29(3) and (3A), the words “of income support under Part VII of the Social Security Contributions and Benefits Act 1992,”.
In Schedule 2, in paragraph 21(4), the words “of income support under Part VII of the Social Security Contributions and Benefits Act 1992,”.
Child Support Act 1991 (c. 48)In section 54(1), the definition of “income support”.
In Schedule 1 (as it has effect apart from the Child Support, Pensions and Social Security Act 2000 (c. 6)), in paragraph 5(4), the words “income support,”.
Criminal Justice Act 1991 (c. 53)

In section 24—

(a)

in subsections (1) and (2)(d), the words “income support,”, and

(b)

in subsection (4), the definition of “income support”.

Social Security Contributions and Benefits Act 1992 (c. 4)Section 123(1)(a) and (2).
Section 124.
Sections 126 and 127.
Social Security Administration Act 1992 (c. 5)Section 2A(2)(a).
Section 2AA(2)(a).
Section 2D(1), (3)(a), (8), (9)(b) and (10).
Section 2E(2)(a).
Section 5(2)(b).

In section 15A—

(a)

in subsection (1), the words “income support,” in each place, and

(b)

in subsection (4), in the definition of “qualifying associate”, the words “income support,” and, in the definition of “relevant benefits”, paragraph (b).

Section 71(11)(b).

In section 74—

(a)

in subsections (1)(b), (2)(b) and (3)(b)(i) and (ii), the words “income support,”,

(b)

in subsection (3)(c), the words “the income support or”, and

(c)

in subsection (3), in the words following paragraph (c), the words “income support” and the words “the income support or”.

In section 74A(7), the words “income support,”.
In section 78(6)(d), the words “income support or”.
In section 105(1)(b), the words “income support,”.
Section 106.
Section 108.
In section 109(1), the words “income support or” in both places.
Section 124(2)(b).
In section 126(1), the words “income support,”.
Sections 159 and 160.
Section 163(2)(d)(i).
Section 179(5)(a).
In section 191, in the definition of “income-related benefit”, paragraph (a).
Social Security (Consequential Provisions) Act 1992 (c. 6)In Schedule 2, paragraphs 3(1)(a) and (b) and (2) and 108.
Local Government Finance Act 1992 (c. 14)In Schedule 4, in paragraph 6(1) and (2)(b), the words “income support,”.
In Schedule 8, in paragraph 6(1) and (2)(b), the words “income support,”.
Jobseekers Act 1995 (c. 18)Section 1A(6).
In section 2(1), paragraph (d) (together with the “and” immediately before it).

In section 3—

(a)

in subsection (1)(b), the words “income support,”,

(b)

subsection (1)(c), and

(c)

in subsection (1A)(a), the word “(c),”.

Section 3A(1)(b).
In section 16(1)(a)(ii), the words “or to income support”.

In section 26—

(a)

in subsection (1), the words “or to income support”,

(b)

in subsection (3), the words “or (as the case may be) income support”,

(c)

in subsection (4)(d), the words “and periods of entitlement to income support”,

(d)

in subsection (4)(e), the words “wholly by way of income support or”, and

(e)

in subsection (4)(l), the words “or to income support”.

In section 28(1), the words “or income support”.
Section 31.
In Schedule 2, paragraphs 30 to 32.
Employment Tribunals Act 1996 (c. 17)In section 16(3)(a), (b) and (c) and (5)(e), the words “, income support”.
In section 17(1), the words “, income support” in both places and the words “or V”.
Education Act 1996 (c. 56)Section 457(4)(b)(i).
Section 512ZB(4)(a)(i) and (b)(i).
Social Security Act 1998 (c. 14)Section 8(3)(c).
In section 34(3), the words “or to income support”.

In Schedule 2—

(a)

paragraph 6(b)(i), and

(b)

in paragraph 7, the words “income support or” and the words “160(2) or”.

In Schedule 7, paragraphs 95 and 97.
Access to Justice Act 1999 (c. 22)In Schedule 4, paragraph 48.
Welfare Reform and Pensions Act 1999 (c. 30)In Schedule 7, paragraph 14.
In Schedule 8, paragraphs 27 and 28.
Immigration and Asylum Act 1999 (c. 33)Section 115(1)(e).
Children (Leaving Care) Act 2000 (c. 35)In section 6(1), the words “income support or”.
Social Security Fraud Act 2001 (c. 11)Section 6B(6).
Section 7(3).
Section 9(1)(a) and (3).
Section 11(3)(b).
Civil Jurisdiction and Judgments Order 2001 (S.I. 2001/3929)In Schedule 3, paragraph 24.
State Pension Credit Act 2002 (c. 16)In Schedule 2, paragraph 2.
Tax Credits Act 2002 (c. 21)In Schedule 3, paragraphs 16(2)(a), 18(a) and 20(a).
Secretaries of State for Education and Skills and for Work and Pensions Order 2002 (S.I. 2002/1397)In Schedule 1, paragraph 7.
Income Tax (Earnings and Pensions) Act 2003 (c. 1)In Schedule 6, paragraph 179.
Age-Related Payments Act 2004 (c. 10)In section 2(3)(b), sub-paragraph (iii) (together with the “or” immediately before it).
In section 8(1), the definition of “income support”.
Civil Partnership Act 2004 (c. 33)In Schedule 24, paragraphs 42 to 44 and 123.
Welfare Reform Act 2007 (c. 5)In section 1(3), paragraph (e) (but not the “and” at the end of it).
In section 24(1), the definition of “income support”.
In Schedule 1, in paragraph 6(1)(d), the words “, income support”.
In Schedule 3, paragraph 9(9) and (10).
Pensions Act 2007 (c. 22)In Schedule 1, paragraph 25.
Civil Jurisdiction and Judgments Regulations 2007 (S.I. 2007/1655)In the Schedule, paragraph 16.
Child Maintenance and Other Payments Act 2008 (c. 6)In Schedule 7, paragraph 2(2).
Saving Gateway Accounts Act 2009 (c. 8)Section 3(2)(a).
This Act.Section 3(1).
Section 5(1).
In Schedule 4, paragraph 6(3)(b).

Part 2 E+W+SAbolition of adult dependency increases

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Commencement Information

I64Sch. 7 Pt. 2 partly in force; Sch. 7 Pt. 2 in force for specified purposes at 12.1.2010 see s. 61(2)

ReferenceExtent of repeal or revocation
Social Security Contributions and Benefits Act 1992 (c. 4)In section 20(1)(d), the words “(with increase for adult dependants)”.
In section 63(c), the words “(with increase for adult dependants)”.
Section 82.
Sections 88 to 92.
In section 114(4), the word “82”.
In Part 4 of Schedule 4, paragraphs 3 and 9.
Social Security (Incapacity for Work) Act 1994 (c. 18)In Schedule 1, paragraphs 25 to 27.
Jobseekers Act 1995 (c. 18)In Schedule 2, paragraphs 24 and 27.
Welfare Reform and Pensions Act 1999 (c. 30)In Schedule 8, paragraph 26.
Tax Credits Act 2002 (c. 21)In Schedule 3, paragraph 34.
Regulatory Reform (Carer's Allowance) Order 2002 (S.I. 2002/1457)In the Schedule, paragraph 2(d).
Civil Partnership Act 2004 (c. 33)In Schedule 24, paragraph 35.
Child Benefit Act 2005 (c. 6)In Schedule 1, paragraph 5.
Pensions Act 2004 (PPF Payments and FAS Payments) (Consequential Provisions) Order 2006 (S.I. 2006/343)In the Schedule, paragraph 1(2).
Welfare Reform Act 2007 (c. 5)In Schedule 3, paragraph 9(7) and (8).
Pensions Act 2007 (c. 22)In Schedule 1, paragraphs 14 and 15.

F53Part 3E+W+SSocial security: other repeals and revocations

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Amendments (Textual)

F53Words in Sch. 7 Pt. 3 repealed (29.4.2013 for specified purposes, 1.7.2013 and 29.7.2013 for specified purposes, 28.10.2013 for specified purposes, 25.11.2013 for specified purposes, 24.2.2014 and 7.4.2014 for specified purposes, 23.6.2014 and further specified dates for specified purposes, 15.9.2014 and further specified dates for specified purposes, 26.11.2014 for specified purposes, 28.1.2015 for specified purposes, 16.2.2015 and further specified dates for specified purposes, 18.3.2015 and further specified dates for specified purposes, 21.9.2015 and further specified dates for specified purposes, 2.12.2015 for specified purposes, 27.1.2016 and 24.2.2016 for specified purposes, 23.3.2016 and 27.4.2016 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/983, arts. 4(1)(c), 5, Sch. 1 (with arts. 6 9(1) 22 Sch. 4) (as amended: (1.7.2013) by S.I. 2013/1511; (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (15.9.2014) by S.I. 2014/2321; (17.11.2014) by S.I. 2014/3067; (21.11.2014) by S.I. 2014/3094; (19.1.2015) by S.I. 2015/32 (as amended (10.2.2015) by S.I. 2015/101); (10.3.2015) by S.I. 2015/634; and (20.7.2015) by S.I. 2015/1537); S.I. 2013/1511, art. 4, Sch. (as amended: (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (17.11.2014) by S.I. 2014/3067; (19.1.2015) by S.I. 2015/32; (10.3.2015) by S.I. 2015/634; and (20.7.2015) by S.I. 2015/1537); S.I. 2013/2657, art. 4, Sch. (with art. 6) (as amended: (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (17.11.2014) by S.I. 2014/3067; (19.1.2015) by S.I. 2015/32; (10.3.2015) by S.I. 2015/634; and (20.7.2015) by S.I. 2015/1537); S.I. 2013/2846, art. 4, Sch. (with art. 5) (as amended: (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (17.11.2014) by S.I. 2014/3067; (19.1.2015) by S.I. 2015/32; (10.3.2015) by S.I. 2015/634; and (20.7.2015) by S.I. 2015/1537); S.I. 2014/209, art. 4, Sch. (as amended: (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (17.11.2014) by S.I. 2014/3067; (19.1.2015) by S.I. 2015/32; (10.3.2105) by S.I. 2015/634; and (20.7.2015) by S.I. 2015/1537); S.I. 2014/1583, art. 4, Sch. (as amended (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (17.11.2014) by S.I. 2014/3067; (19.1.2015) by S.I. 2015/32; (10.3.2015) by S.I. 2015/634; and (20.7.2015) by S.I. 2015/1537); S.I. 2014/2321, art. 4 (as amended: (17.11.2014) by S.I. 2014/3057; (19.1.2015) by S.I. 2015/32; (10.3.2015) by S.I. 2015/634; and (20.7.2015) by S.I. 2015/1537); S.I. 2014/3094, art. 4 (with art. 6); S.I. 2015/33, art. 4 (with art. 6) (as amended (11.2.2015) by S.I. 2015/101 and (10.3.2015) by S.I. 2015/634); S.I. 2015/101, art. 4 (with art. 2(2)-(4)) (as amended: (10.3.2015) by S.I. 2015/534; (17.3.2015) by S.I. 2015/740; (20.7.2015) by S.I. 2015/1537; (14.1.2016) by S.I. 2016/33; and (21.3.2016) by S.I. 2016/407); S.I. 2015/634, art. 4 (with art. 6) (as amended (17.3.2015) by S.I. 2015/740 and (21.3.2016) by S.I. 2016/407); S.I. 2015/1537, art. 4 (as modified: (23.11.2015) by S.I. 2015/1930; (14.1.2016) by S.I. 2016/33; and (21.3.2016) by S.I. 2016/407); S.I. 2015/1930, art. 4; S.I. 2016/33, art. 4, Sch.; S.I. 2016/407, art. 4, Sch.

Commencement Information

I65Sch. 7 Pt. 3 in force at 22.3.2010 for specified purposes by S.I. 2010/293, art. 2(3)(b) (with art. 2(4))

I66Sch. 7 Pt. 3 in force at 1.4.2010 for specified purposes by S.I. 2010/293, art. 2(5)(a)

ReferenceExtent of repeal or revocation
Social Security Administration Act 1992 (c. 5)In section 2A(8), in the definition of “the designated authority”, paragraph (b).
In section 2AA(7), in the definition of “designated authority”, paragraph (b).
F53....
Section 5(1)(r).

In section 170(5)—

(a)

in paragraph (ae) of the definition of “the relevant enactments”, the word “60,”,

(b)

in paragraph (af) of the definition of “the relevant enactments”, the words “, sections 62 to 65”,

(c)

in paragraph (ae) of the definition of “the relevant Northern Ireland enactments”, the word “60,”, and

(d)

in paragraph (af) of the definition of “the relevant Northern Ireland enactments”, the words “62 to 65,”.

Jobseekers Act 1995 (c. 18)F54....
F54....
F55. . .
In section 16(4), the definition of “employment officer”.
F55. . .
Section 19(10)(a).
In section 36(1), the words “, other than an order under section 8(3), 9(13), 16(4) or 19(10)(a),”.
F56....
Employment Rights Act 1996 (c. 18)In Schedule 1, in paragraph 67(2), paragraph (b) (together with the “and” immediately before it).
Social Security Act 1998 (c. 14)In Schedule 2, F53... (together with the italic heading immediately before it).
In Schedule 3, paragraph 3(e).
In Schedule 7, paragraphs 141, 142 and 145.
Welfare Reform and Pensions Act 1999 (c. 30)Section 60.
F53. . .
In section 83(8) and (9), the words “60 or”.
In Schedule 7, F55... 7(5) to (7)F55....
In Schedule 8, paragraph 29(3), (5) and (6).
In Schedule 12, paragraph 87.
Child Support, Pensions and Social Security Act 2000 (c. 19)Sections 62 to 66.
Criminal Justice and Court Services Act 2000 (c. 43)In Schedule 7, paragraphs 205 to 207.
Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2000 (S.I. 2000/1563)Article 4.
Social Security Fraud Act 2001 (c. 11)

In section 7—

(a)

in subsection (8), the definitions of “disqualifying benefit” and “sanctionable benefit”, and

(b)

subsection (11).

In section 8(2)(b), sub-paragraph (ii) and the word “or” before it.
Section 12(1).
In section 13, the definitions of “disqualification period” and “post-commencement offence”.
State Pension Credit Act 2002 (c. 16)In Schedule 2, paragraph 45(3).
Employment Act 2002 (c. 22)F53. . .
Criminal Justice Act 2003 (c. 44)In Schedule 32, paragraphs 130 to 132.
Civil Partnership Act 2004 (c. 33)F53. . .
Welfare Reform Act 2007 (c. 5)In Schedule 3, F55... 20 and 23(3).
Criminal Justice and Immigration Act 2008 (c. 4)In Schedule 4, paragraphs 65 to 67.
Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833)In Schedule 3, paragraph 102.
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F54Words in Sch. 7 Pt. 3 repealed (22.10.2012) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 3; S.I. 2012/2530, art. 2(2)(g)

F55Words in Sch. 7 Pt. 3 repealed (8.5.2012) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 2

F56Words in Sch. 7 Pt. 3 repealed (8.5.2012) by Welfare Reform Act 2012 (c. 5), s. 150(2)(b), Sch. 14 Pt. 6

Prospective

Part 4 E+W+SChild maintenance

ReferenceExtent of repeal
Road Traffic Act 1988 (c. 52)In section 164(5), the words “, section 40B of the Child Support Act 1991”.
Road Traffic Offenders Act 1988 (c. 53)In section 27(3), the words from “, or if the holder” to “Child Support Act 1991, then,”.
Child Support Act 1991 (c. 48)

In section 39E—

(a)

in subsections (1) and (2), the words “the Commission or”, and

(b)

subsections (3) to (5).

Section 39G.
Section 40B.
Child Support, Pensions and Social Security Act 2000 (c. 19)Section 16(3) to (5).
Road Safety Act 2006 (c. 49)In Schedule 2, paragraph 33.
In Schedule 3, paragraph 65(3)(b).
Child Maintenance and Other Payments Act 2008 (c. 6)Section 30.
In section 59(5) and (6), the word “, 40B”.
In Schedule 3, paragraph 42.
In Schedule 7, paragraph 1(15) to (18).

Prospective

Part 5 E+W+SBirth registration

ReferenceExtent of repeal
Births and Deaths Registration Act 1953 (c. 20)Section 6.
Section 7(3).
Section 10(3).
In section 10A(2), paragraph (d) (together with the “and” immediately before it).

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