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Welfare Reform Act 2012

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Section 31

SCHEDULE 2E+W+SUniversal credit: amendments

This schedule has no associated Explanatory Notes

Children Act 1989 (c. 41)E+W+S

1In the Children Act 1989, in the following provisions, after “in receipt” there is inserted “ of universal credit (except in such circumstances as may be prescribed), ”

(a)section 17(9) (provision of services to children in need, their families and others);

(b)section 17A(5)(b) (direct payments);

(c)section 29(3) and (3A) (recoupment of cost of providing services etc);

(d)paragraph 21(4) of Schedule 2 (local authority support for children and families).

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Commencement Information

I1Sch. 2 para. 1 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(i)

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

2In the Child Support Act 1991, in paragraph 5 of Schedule 1 (maintenance calculations), as it has effect apart from section 1 of the Child Support, Pensions and Social Security Act 2000, in sub-paragraph (4) after “Where” there is inserted “ universal credit (in such circumstances as may be prescribed), ”.

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Commencement Information

I2Sch. 2 para. 2 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 21

I3Sch. 2 para. 2 in force at 29.4.2013 in so far as not already in force by S.I. 2013/983, art. 3(1)(b)(i)

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

3The Social Security Administration Act 1992 is amended as follows.

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Commencement Information

I4Sch. 2 para. 3 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 3(b)

I5Sch. 2 para. 3 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 20

I6Sch. 2 para. 3 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 5(1)

I7Sch. 2 para. 3 in force at 29.4.2013 for specified purposes by S.I. 2013/983, art. 3(1)(b)(ii)

I8Sch. 2 para. 3 in force at 29.4.2013 for specified purposes by S.I. 2013/358, art. 5(2)(5) (as amended (24.4.2013) by S.I. 2013/983, art. 23)

4In section 1 (entitlement to benefit dependent on claim), in subsection (4), before paragraph (a) there is inserted—

(za)universal credit;.

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Commencement Information

I9Sch. 2 para. 4 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 20

I10Sch. 2 para. 4 in force at 29.4.2013 in so far as not already in force by S.I. 2013/983, art. 3(1)(b)(ii)

5In section 5 (regulations about claims and payments)—

(a)in subsection (2), before paragraph (a) there is inserted—

(za)universal credit;;

(b)in subsection (6), after “in relation to“ there is inserted “universal credit or”.

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Commencement Information

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

7In section 74 (income support and other payments), in subsection (2)(b), after “by way of” there is inserted “ universal credit or ”.

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Commencement Information

I12Sch. 2 para. 7 in force at 25.2.2013 by S.I. 2013/358, art. 5(1)

8In section 74A (payments of benefit where maintenance payments collected by Secretary of State), in subsection (7), after “applies are” there is inserted “ universal credit, ”.

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Commencement Information

I13Sch. 2 para. 8 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

9In section 78 (recovery of social fund awards), in subsection (6)(d), after “receiving” there is inserted “ universal credit, ”.

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Commencement Information

I14Sch. 2 para. 9 in force at 29.4.2013 by S.I. 2013/358, art. 5(2)(5) (as amended (24.4.2013) by S.I. 2013/983, art. 23)

10In section 105 (failure to maintain - general), in subsection (1)(b), after “neglect” there is inserted “ universal credit, ”.

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Commencement Information

I15Sch. 2 para. 10 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

11In section 106 (recovery of expenditure on benefit from person liable for maintenance), in subsections (1), (2), (3) and (4)(a) and (b), after “income support” there is inserted “ or universal credit ”.

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Commencement Information

I16Sch. 2 para. 11 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

12In section 108 (reduction of expenditure on income support etc), in subsection (1)(a), after “income support” there is inserted “ or universal credit ”.

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Commencement Information

I17Sch. 2 para. 12 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

13In section 109 (diversion of arrested earnings - Scotland), in subsection (1), after “in receipt of”, in both places, there is inserted “ universal credit, ”.

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Commencement Information

I18Sch. 2 para. 13 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

14In section 121DA (interpretation of Part 6), in subsection (1), after paragraph (hi) there is inserted—

(hj)Part 1 of the Welfare Reform Act 2012;.

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Commencement Information

I19Sch. 2 para. 14 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

15In section 122B (supply of other government information for fraud prevention and verification), in subsection (3)(b) after “Welfare Reform Act 2007” there is inserted “ , Part 1 of the Welfare Reform Act 2012 ”.

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Commencement Information

I20Sch. 2 para. 15 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

16(1)Section 122F (supply by rent officers of information relating to housing benefit) is amended as follows.E+W+S

(2)In the heading, for “information relating to housing benefit” there is substituted “ benefit information ”.

(3)In subsection (1), for “housing benefit information” there is substituted “ benefit information ”.

(4)In subsection (3)(a) after “relating to” there is inserted “ universal credit ”.

(5)In subsection (4)—

(a)for “housing benefit information” there is substituted “ benefit information ”;

(b)after “relating to” there is inserted “ universal credit ”.

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Commencement Information

I21Sch. 2 para. 16 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

17In section 124 (age, death and marriage), in subsection (1)—

(a)in paragraph (ac), the final “and” is repealed;

(b)after that paragraph there is inserted—

(ad)of the provisions of Part 1 of the Welfare Reform Act 2012;.

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Commencement Information

I22Sch. 2 para. 17 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

18In section 125 (regulations as to notification of death), in subsection (1), after “2007” there is inserted “ , Part 1 of the Welfare Reform Act 2012 ”.

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Commencement Information

I23Sch. 2 para. 18 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

19In section 126 (information from personal representatives), in subsection (1), after “receipt of” there is inserted “ universal credit ”.

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Commencement Information

I24Sch. 2 para. 19 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

20In section 130 (duties of employers), in subsection (1), before paragraph (a) there is inserted—

(za)universal credit;.

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Commencement Information

I25Sch. 2 para. 20 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

21In section 132 (duties of employers - statutory maternity pay etc), in subsection (1), before paragraph (a) there is inserted—

(za)universal credit;.

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Commencement Information

I26Sch. 2 para. 21 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

22In section 150 (uprating)—

(a)in subsection (1) at the end there is inserted—

(n)specified in regulations under sections 9 to 12 of the Welfare Reform Act 2012;;

(b)in subsection (7), after “2007” there is inserted “ or Part 1 of the Welfare Reform Act 2012 ”.

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Commencement Information

I27Sch. 2 para. 22 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

23After section 159C there is inserted—

159DEffect of alterations affecting universal credit

(1)Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) shall have effect where—

(a)an award of universal credit is in force in favour of any person (“the recipient”), and

(b)an alteration—

(i)in any element of universal credit,

(ii)in the recipient's benefit income,

(iii)in any amount to be deducted in respect of earned income under section 8(3)(a) of the Welfare Reform Act 2012,

(iv)in any component of a contribution-based jobseeker's allowance,

(v)in any component of a contributory employment and support allowance, or

(vi)in such other matters as may be prescribed,

affects the computation of the amount of universal credit to which he is entitled.

(2)Where, as a result of the alteration, the amount of universal credit to which the recipient is entitled is increased or reduced, then, as from the commencing date, the amount of universal credit payable in the case of the recipient under the award shall be the increased or reduced amount, without any further decision of the Secretary of State; and the award shall have effect accordingly.

(3)Where, notwithstanding the alteration, the recipient continues on and after the commencing date to be entitled to the same amount by way of universal credit as before, the award shall continue in force accordingly.

(4)Subsection (5) applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies—

(a)in relation to any of the items referred to in subsection (1)(b)(i) to (vi), the amount of the alteration which he proposes to make by an order under section 150, 150A or 152 or by or under any other enactment, and

(b)the date on which he proposes to bring the alteration in force (“the proposed commencing date”).

(5)If, in a case where this subsection applies, an award of universal credit is made in favour of a person before the proposed commencing date and after the date on which the statement is made, the award—

(a)may provide for the universal credit to be paid as from the proposed commencing date at a rate determined by reference to the amounts of the items referred to in subsection (1)(b)(i) to (vi) which will be in force on that date, or

(b)may be expressed in terms of the amounts of those items in force at the date of the award.

(6)In this section—

  • “alteration”—

    (a)

    in relation to any element of universal credit, means its alteration by or under any enactment;

    (b)

    in relation to a person's benefit income, means the alteration of any of the sums referred to in section 150 or 150A by any enactment or by an order under section 150, 150A or 152 to the extent that any such alteration affects the amount of his benefit income;

    (c)

    in relation to any component of a contribution-based jobseeker's allowance or a contributory employment and support allowance, means its alteration by or under any enactment;

    (d)

    in relation to any other matter, has such meaning as may be prescribed;

  • benefit income”, in relation to a person, means so much of his income as consists of benefit under the Contributions and Benefits Act or personal independence payment;

  • the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient;

  • “component”—

    (a)

    in relation to contribution-based jobseeker's allowance, means any of the sums specified in regulations under the Jobseekers Act 1995 which are relevant in calculating the amount payable by way of a jobseeker's allowance;

    (b)

    in relation to a contributory employment and support allowance, means any of the sums specified in regulations under Part 1 of the Welfare Reform Act 2007 which are relevant in calculating the amount payable by way of such an allowance;

  • element”, in relation to universal credit, means any of the amounts specified in regulations under sections 9 to 12 of the Welfare Reform Act 2012 which are included in the calculation of an award of universal credit.

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Commencement Information

I28Sch. 2 para. 23 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 20

I29Sch. 2 para. 23 in force at 29.4.2013 in so far as not already in force by S.I. 2013/983, art. 3(1)(b)(ii)

Prospective

24After section 160B there is inserted—

160CImplementation of increases in universal credit due to attainment of a particular age

(1)This section applies where—

(a)an award of universal credit is in force in favour of a person (“the recipient”), and

(b)an element has become applicable, or applicable at a particular rate, because he or some other person has reached a particular age (“the qualifying age”).

(2)If, as a result of the recipient or other person reaching the qualifying age, the recipient becomes entitled to an increased amount of universal credit, the amount payable to or for him under the award shall, as from the day on which he becomes so entitled, be that increased amount, without any further decision of the Secretary of State; and the award shall have effect accordingly.

(3)Subsection (2) does not apply where, in consequence of the recipient or other person reaching the qualifying age, a question arises in relation to the recipient's entitlement to—

(a)a benefit under the Contribution and Benefits Act, or

(b)personal independence payment.

(4)Subsection (2) does not apply where, in consequence of the recipient or other person reaching the qualifying age, a question arises in relation to the recipient's entitlement to universal credit, other than—

(a)the question whether the element concerned, or any other element, becomes or ceases to be applicable, or applicable at a particular rate, in the recipient's case, and

(b)the question whether, in consequence, the amount of his universal credit falls to be varied.

(5)In this section, “element”, in relation to universal credit, means any of the amounts specified in regulations under sections 9 to 12 of the Welfare Reform Act 2012 which are included in the calculation of an award of universal credit.

25(1)Section 165 (adjustments between National Insurance Fund and Consolidated Fund) is amended as follows.E+W+S

(2)In subsection (1)(a)(iii), after “Act” there is inserted “ , universal credit ”.

(3)In subsection (6)(a), for “or section 27 of the Welfare Reform Act 2007” there is substituted “ section 27 of the Welfare Reform Act 2007 or section 148 of the Welfare Reform Act 2012 ”.

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Commencement Information

I30Sch. 2 para. 25 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

26(1)In section 170 (Social Security Advisory Committee), subsection (5) is amended as follows.E+W+S

(2)In the definition of “the relevant enactments”—

(a)in paragraph (af), for the words from “sections 68” to “to that Act” there is substituted “sections 69 and 70 of the Child Support, Pensions and Social Security Act 2000;“;

(b)after paragraph (aj) there is inserted—

(ak)the provisions of Part 1 of the Welfare Reform Act 2012;.

(3)In the definition of “the relevant Northern Ireland enactments”—

(a)in paragraph (af), for the words from “sections 68” to “to that Act” there is substituted “sections 69 and 70 of the Child Support, Pensions and Social Security Act 2000;“;

(b)after paragraph (aj) there is inserted—

(ak)any provisions in Northern Ireland which correspond to the provisions of Part 1 of the Welfare Reform Act 2012;.

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Commencement Information

I31Sch. 2 para. 26 in force at 25.2.2013 by S.I. 2013/358, art. 3(a)

27(1)Section 179 (reciprocal agreements) is amended as follows.E+W+S

(2)In subsection (3)(a), after “2007” there is inserted “ , Part 1 of the Welfare Reform Act 2012 ”.

(3)In subsection (4), after paragraph (af) there is inserted—

(ag)to Part 1 of the Welfare Reform Act 2012; and.

(4)In subsection (5), before paragraph (a) there is inserted—

(za)universal credit;.

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I32Sch. 2 para. 27 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

28In section 180 (payment of travelling expenses), in paragraphs (a) and (b)(i), after “2007” there is inserted “ , Part 1 of the Welfare Reform Act 2012 ”.

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Commencement Information

I33Sch. 2 para. 28 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

29In section 182B (information about postal redirection), in subsection (5)(b), after “1995” there is inserted “ , Part 1 of the Welfare Reform Act 2012 ”.

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I34Sch. 2 para. 29 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

30In section 187 (inalienability), in subsection (1), before paragraph (a) there is inserted—

(za)universal credit;.

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Commencement Information

I35Sch. 2 para. 30 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

31In section 191 (interpretation), in the definition of “benefit”, after “includes” there is inserted “ universal credit, ”.

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I36Sch. 2 para. 31 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 21

I37Sch. 2 para. 31 in force at 29.4.2013 in so far as not already in force by S.I. 2013/983, art. 3(1)(b)(ii)

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

32The Local Government Finance Act 1992 is amended as follows.

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I38Sch. 2 para. 32 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 21

I39Sch. 2 para. 32 in force at 29.4.2013 in so far as not already in force by S.I. 2013/983, art. 3(1)(b)(i)

33(1)Schedule 4 is amended as follows.E+W+S

(2)In paragraph 6—

(a)in sub-paragraph (1), after “entitled to“ there is inserted “universal credit”;

(b)in sub-paragraph (2)(b), after “by way of“ there is inserted “universal credit”.

(3)In paragraph 12(1)—

(a)after paragraph (a) there is inserted—

(aa)deductions from universal credit may be resorted to more than once;;

(b)in paragraph (d), after “attachment of earnings” there is inserted “deductions from universal credit“.

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I40Sch. 2 para. 33 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 21

I41Sch. 2 para. 33 in force at 29.4.2013 in so far as not already in force by S.I. 2013/983, art. 3(1)(b)(i)

34In Schedule 8, in paragraph 6—

(a)in sub-paragraph (1), after “entitled to“ there is inserted “universal credit”;

(b)in sub-paragraph (2)(b), after “by way of“ there is inserted “universal credit”.

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Commencement Information

I42Sch. 2 para. 34 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 21

I43Sch. 2 para. 34 in force at 29.4.2013 in so far as not already in force by S.I. 2013/983, art. 3(1)(b)(i)

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

35In section 2 of the Jobseekers Act 1995, in subsection (3C) (as inserted by section 12(5) of the Welfare Reform Act 2009), in the definition of “benefit”, before paragraph (a) there is inserted—

(za)universal credit,.

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Commencement Information

I44Sch. 2 para. 35 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(i)

Housing Act 1996 (c. 52)E+W+S

36In section 122 of the Housing Act 1996 (rent officers), in the heading and in subsection (1), after “with” there is inserted “ universal credit, ”.

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Education Act 1996 (c. 56)E+W+S

37The Education Act 1996 is amended as follows.

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Commencement Information

I46Sch. 2 para. 37 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(i)

38In section 457 (charges and remissions policies) in subsection (4)(b), before sub-paragraph (i) there is inserted—

(ai)in receipt of universal credit in such circumstances as may be prescribed for the purposes of this paragraph,.

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Commencement Information

I47Sch. 2 para. 38 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(i)

39In section 512ZB (provision of free school lunches and milk: eligibility to request free milk)—

(a)in subsection (4)(a), before sub-paragraph (i) there is inserted—

(ai)in receipt of universal credit in such circumstances as may be prescribed for the purposes of this paragraph, or;

(b)in subsection (4)(b), before sub-paragraph (i) there is inserted—

(ai)in receipt of universal credit in such circumstances as may be prescribed for the purposes of this paragraph, or.

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Commencement Information

I48Sch. 2 para. 39 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(i)

Social Security (Recovery of Benefits) Act 1997 (c. 27)E+W+S

40The Social Security (Recovery of Benefits) Act 1997 is amended as follows.

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Commencement Information

I49Sch. 2 para. 40 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(i)

41In section 29 (general interpretation), in the definition of “benefit”, after “means” there is inserted “ universal credit ”.

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Commencement Information

I50Sch. 2 para. 41 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(i)

42In the table in Schedule 2 (calculation of compensation payment), in the section relating to compensation for earnings lost during the relevant period, at the top of the second column insert “ Universal credit ”.

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Commencement Information

I51Sch. 2 para. 42 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(i)

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

43The Social Security Act 1998 (decisions and appeals) is amended as follows.

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Commencement Information

I52Sch. 2 para. 43 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 21

I53Sch. 2 para. 43 in force at 1.4.2013 for specified purposes by S.I. 2013/358, art. 6(4)(d)(i)

I54Sch. 2 para. 43 in force at 29.4.2013 for specified purposes by S.I. 2013/983, art. 3(1)(b)(iii)

44In section 2 (use of computers), in subsection (2)—

(a)in paragraph (i), the final “or” is repealed;

(b)after paragraph (j) there is inserted—

(k)Part 1 of the Welfare Reform Act 2012;.

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Commencement Information

I55Sch. 2 para. 44 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(iii)

45In section 8 (decisions by Secretary of State)—

(a)in subsection (3), after paragraph (a) there is inserted—

(aa)universal credit;;

(b)in subsection (4), for “or Part 1 of the Welfare Reform Act 2007” there is substituted “ , Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012 ”.

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Commencement Information

I56Sch. 2 para. 45 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 21

I57Sch. 2 para. 45 in force at 29.4.2013 in so far as not already in force by S.I. 2013/983, art. 3(1)(b)(iii)

46In section 11 (regulations with respect to decisions), in subsection (3), for “and Part 1 of the Welfare Reform Act 2007” there is substituted “ , Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012 ”.

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Commencement Information

47In section 27 (restriction on entitlement in cases of error), in subsection (7), in the definition of “benefit” for paragraph (f) there is substituted—

(f)universal credit.

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Commencement Information

I59Sch. 2 para. 47 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 21

I60Sch. 2 para. 47 in force at 29.4.2013 in so far as not already in force by S.I. 2013/983, art. 3(1)(b)(iii)

48In section 28(3) (correction of errors in decisions etc)—

(a)in paragraph (f), the final “or” is repealed;

(b)after paragraph (g) there is inserted—

(h)Part 1 of the Welfare Reform Act 2012;.

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Commencement Information

49In section 39 (interpretation), in subsection (1), before the definition of “health care professional” there is inserted—

claimant”, in relation to a couple jointly claiming universal credit, means the couple or either member of the couple;.

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Commencement Information

I62Sch. 2 para. 49 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 21

I63Sch. 2 para. 49 in force at 29.4.2013 in so far as not already in force by S.I. 2013/983, art. 3(1)(b)(iii)

50(1)Schedule 2 (decisions against which no appeal lies) is amended as follows.E+W+S

(2)In paragraph 6(b), at the end there is inserted or

(v)section 159D(1)(b) of that Act (universal credit).

(3)After paragraph 7 there is inserted—

Increases in universal credit due to attainment of particular agesE+W+S

7AA decision as to the amount of benefit to which a person is entitled, where it appears to the Secretary of State that the amount is determined by the recipient's entitlement to an increased amount of universal credit in the circumstances referred to in section 160C(2) of the Administration Act.

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Commencement Information

I64Sch. 2 para. 50(1) in force at 29.4.2013 for specified purposes by S.I. 2013/983, art. 3(1)(b)(iii)

51In Schedule 3 (decisions against which an appeal lies), after paragraph 3 there is inserted—

3AA decision as to the amount of a relevant benefit that is payable to a person by virtue of regulations under section 6B, 7, 8 or 9 of the Social Security Fraud Act 2001.

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Commencement Information

I66Sch. 2 para. 51 in force at 1.4.2013 by S.I. 2013/358, art. 6(4)(d)(i)

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

52The Immigration and Asylum Act 1999 is amended as follows.

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Commencement Information

I67Sch. 2 para. 52 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(i)

53In section 97 (provision of support: supplemental), in subsection (5)—

(a)before paragraph (a) there is inserted—

(za)to such portion of the maximum amount of an award of universal credit under section 8(1) of the Welfare Reform Act 2012, or;

(b)in paragraph (b) after “components” there is inserted “ or elements ”.

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I68Sch. 2 para. 53 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(i)

54In section 115(1) (exclusion from benefits of persons subject to immigration control) after “is entitled” there is inserted “ to universal credit under Part 1 of the Welfare Reform Act 2012 or ”.

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Commencement Information

I69Sch. 2 para. 54 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(i)

Child Support, Pensions and Social Security Act 2000 (c. 19)E+W+S

55In section 69 of the Child Support, Pensions and Social Security Act 2000, in subsection (1)(a), after “both” there is inserted “ , universal credit ”.

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I70Sch. 2 para. 55 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 21

I71Sch. 2 para. 55 in force at 29.4.2013 in so far as not already in force by S.I. 2013/983, art. 3(1)(b)(i)

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

56The Social Security Fraud Act 2001 is amended as follows.

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I72Sch. 2 para. 56 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 6(3)

I73Sch. 2 para. 56 in force at 1.4.2013 for specified purposes by S.I. 2013/358, art. 6(4)(d)(ii)

57In section 6A (definitions), in subsection (1), in the definition of “disqualifying benefit”, at the beginning there is inserted—

(za)any benefit under Part 1 of the Welfare Reform Act 2012 (universal credit) or under any provision having effect in Northern Ireland corresponding to that Part;.

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Commencement Information

I74Sch. 2 para. 57 in force at 1.4.2013 by S.I. 2013/358, art. 6(4)(d)(ii)

58(1)Section 6B (loss of benefit in case of conviction, penalty or caution for benefit offence) is amended as follows.E+W+S

(2)In subsection (5), for “(6)” there is substituted “ (5A) ”.

(3)After subsection (5) there is inserted—

(5A)The Secretary of State may by regulations provide that, where the sanctionable benefit is universal credit, 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 amount payable were reduced in such manner as may be prescribed;

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

(d)any amount of the benefit payable in prescribed circumstances were recoverable by the Secretary of State.

(4)In subsection (7), after paragraph (c) there is inserted—

(d)any amount of the allowance payable in prescribed circumstances were recoverable by the Secretary of State.

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Commencement Information

I75Sch. 2 para. 58(1) in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 6(1)(2)(a)

I76Sch. 2 para. 58(1) in force at 1.4.2013 for specified purposes by S.I. 2013/358, art. 6(4)(d)(ii)

I78Sch. 2 para. 58(3) in force at 25.2.2013 by S.I. 2013/358, art. 6(1)(2)(a)

59(1)Section 7 (loss of benefit for second or subsequent conviction of benefit offence) is amended as follows.E+W+S

(2)In subsection (2), for “(3)” there is substituted “ (2A) ”.

(3)After subsection (2) there is inserted—

(2A)The Secretary of State may by regulations provide that, where the sanctionable benefit is universal credit, 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 amount payable were reduced in such manner as may be prescribed;

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

(d)any amount of the benefit payable in prescribed circumstances were recoverable by the Secretary of State.

(4)In subsection (4), after paragraph (c) there is inserted—

(d)any amount of the allowance payable in prescribed circumstances were recoverable by the Secretary of State.

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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.

Commencement Information

I79Sch. 2 para. 59(1) in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 6(1)(2)(b)

I80Sch. 2 para. 59(1) in force at 1.4.2013 for specified purposes by S.I. 2013/358, art. 6(4)(d)(ii)

I82Sch. 2 para. 59(3) in force at 25.2.2013 by S.I. 2013/358, art. 6(1)(2)(b)

Prospective

60(1)Section 8 (effect of offence on joint-claim jobseeker's allowance) is amended as follows.E+W+S

(2)In subsection (3)—

(a)for “but” at the end of paragraph (a) there is substituted “ and ”;

(b)after paragraph (a) there is inserted—

(aa)shall be payable in the couple's case as if any amount of the allowance payable in prescribed circumstances were recoverable by the Secretary of State; but.

(3)In subsection (4), after paragraph (c) there is inserted—

(d)any amount of the allowance payable in prescribed circumstances were recoverable by the Secretary of State.

(4)In the opening words to subsections (7) and (8) the words “by virtue of any regulations” are repealed.

61(1)Section 9 (effect of offence on benefits for members of offender's family) is amended as follows.E+W+S

(2)In subsection (1), before paragraph (a) there is inserted—

(za)universal credit;.

(3)In subsection (2), for “or” at the end of paragraph (b) there is substituted “ and ”.

(4)After subsection (2) there is inserted—

(2A)In relation to cases in which the benefit is universal credit, the provision that may be made by virtue of subsection (2) is provision that, in the case of the offender's family member, any universal credit shall be payable, during the whole or a part of any period comprised in the relevant period, as if one or more of the following applied—

(a)the amount payable were reduced in such manner as may be prescribed;

(b)the benefit were payable only if there is compliance by the offender or the offender's family member, or both of them, with such obligations with respect to the provision of information as may be imposed by the regulations;

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

(d)any amount of the benefit payable in prescribed circumstances were recoverable by the Secretary of State.

(5)In subsection (4), after paragraph (c) there is inserted—

(d)any amount of the allowance payable in prescribed circumstances were recoverable by the Secretary of State.

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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.

Commencement Information

I83Sch. 2 para. 61(1) in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 6(1)(2)(c)

62In section 10(3) (power to supplement and mitigate loss of benefit provisions) after paragraph (bc) there is inserted—

(bd)any benefit under Part 1 of the Welfare Reform Act 2012 (universal credit) or under any provision having effect in Northern Ireland corresponding to that Part;.

Annotations: Help about Annotation
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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.

Commencement Information

I85Sch. 2 para. 62 in force at 1.4.2013 by S.I. 2013/358, art. 6(4)(d)(ii)

63(1)In section 11 (loss of benefit regulations), subsection (3) is amended as follows.E+W+S

(2)In paragraph (c)—

(a)for “6B(7)” there is substituted “ 6B(5A), (7) ”;

(b)for “7(4)” there is substituted “ 7(2A), (4) ”;

(c)for “9(4)” there is substituted “ 9(2A), (4) ”.

(3)In paragraph (d) at the end there is inserted “or (aa)”.

Annotations: Help about Annotation
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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.

Commencement Information

I86Sch. 2 para. 63(1) in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 6(1)(2)(d)

I87Sch. 2 para. 63(2) in force at 25.2.2013 by S.I. 2013/358, art. 6(1)(2)(d)

Prospective

State Pension Credit Act 2002 (c. 16)E+W+S

64In section 4 of the State Pension Credit Act 2002 (exclusions), after subsection (1) there is inserted—

(1A)A claimant is not entitled to state pension credit if he is a member of a couple the other member of which has not attained the qualifying age.

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

65In Schedule 1 to the Welfare Reform Act 2007 (employment and support allowance: additional conditions), in paragraph 1(5), before paragraph (a) there is inserted—

(za)universal credit,.

Annotations: Help about Annotation
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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.

Commencement Information

I88Sch. 2 para. 65 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(i)

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