Search Legislation

Welfare Reform Act 2012

Status:

Point in time view latest with prospective.This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Welfare Reform Act 2012. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Section 91

SCHEDULE 9E+W+SPersonal independence payment: amendments

This schedulenoteType=Explanatory Notes has no associated

Transport Act 1982 (c. 49)E+W+S

1In section 70 of the Transport Act 1982 (payments in respect of applicants for exemption from wearing seat belts), in subsection (2), after paragraph (a) there is inserted—E+W+S

(ab)those in receipt of personal independence payment;.

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

2In section 8 of the Child Support Act 1991 (role of courts with respect to maintenance for children), in subsection (8)(a), at the beginning there is inserted “an allowance under Part 4 of the Welfare Reform Act 2012 (personal independence payment) or”.E+W+S

Social Security Contributions and Benefits Act 1992 (c. 4)E+W+S

3The Social Security Contributions and Benefits Act 1992 is amended as follows.E+W+S

4In section 30B (incapacity benefit: rate), in subsection (4), after paragraph (a) there is inserted—E+W+S

(aa)is entitled to the daily living component of personal independence payment at a rate designated by regulations under this paragraph, or.

5(1)Section 64 (entitlement to attendance allowance) is amended as follows.E+W+S

(2)In subsection (1), for “the care component of a disability living allowance” there is substituted “ an allowance within subsection (1A) ”.

(3)After subsection (1) there is inserted—

(1A)The following allowances are within this subsection—

(a)personal independence payment;

(b)the care component of a disability living allowance.

6In section 150 (Christmas bonus for pensioners: interpretation), in subsection (1), after paragraph (ba) there is inserted—E+W+S

(bb)personal independence payment;.

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

7The Social Security Administration Act 1992 is amended as follows.E+W+S

8(1)Section 1 (entitlement to benefit dependent on claim) is amended as follows.E+W+S

(2)In subsection (3)—

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

(za)for personal independence payment by virtue of section 82 of the Welfare Reform Act 2012; or;

(b)paragraph (b) and the “or” preceding it is repealed.

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

(ad)personal independence payment.

9In section 5(2) (regulations about claims for and payments of benefit), after paragraph (ac) there is inserted—E+W+S

(ad)personal independence payment;.

10In section 71(11) (overpayments), after paragraph (ac) there is inserted—E+W+S

(ad)personal independence payment;.

11In section 73 (overlapping benefits - general), after subsection (5) there is inserted—E+W+S

(6)Personal independence payment is to be treated for the purposes of this section as if it were benefit as defined in section 122 of the Contributions and Benefits Act.

12In section 121DA (interpretation of Part 6), in subsection (1), after paragraph (hj) (inserted by Schedule 2 to this Act) there is inserted—E+W+S

(hk)Part 4 of that Act;.

13In section 122B (supply of other government information for fraud prevention and verification), in subsection (3)(b), after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.E+W+S

14In section 122C (supply of information to authorities administering benefit), in subsection (6)(b), after “Welfare Reform Act 2007” there is inserted “ , Part 4 of the Welfare Reform Act 2012 ”.E+W+S

15In section 124 (age, death and marriage), in subsection (1), after paragraph (ad) (inserted by Schedule 2 to this Act) there is inserted—E+W+S

(ae)of the provisions of Part 4 of that Act;.

16In section 125 (regulations as to notification of deaths), in subsection (1), after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.E+W+S

17In section 150 (uprating)—E+W+S

(a)in subsection (1), after paragraph (n) (inserted by Schedule 2 to this Act) there is inserted—

(o)specified in regulations under section 78(3) or 79(3) of that Act;;

(b)in subsection (3)(b), for “or (g)” there is substituted “ , (g) or (o) ”.

18In section 159 (effect of alteration in the component rates of income support), in subsection (5), in the definition of “benefit income”, after “income support;” there is inserted—E+W+S

(aa)personal independence payment;.

19In section 159A (effect of alteration of rates of a jobseeker's allowance), in subsection (5), in the definition of “benefit income”, after “Contributions and Benefits Act;” there is inserted—E+W+S

(ab)personal independence payment;.

20In section 159B (effect of alterations affecting state pension credit), in subsection (6), in the definition of “benefit income”, after “Contributions and Benefits Act” there is inserted “ or personal independence payment ”.E+W+S

21In section 159C (effect of alteration of rates of an employment and support allowance), in subsection (6), in the definition of “benefit income”, after “Contributions and Benefits Act” there is inserted “ or personal independence payment ”.E+W+S

22In section 160 (implementation of increases in income support due to attainment of particular ages), in subsection (3), after “entitlement to” there is inserted “personal independence payment or to“.E+W+S

23In section 160A (implementation of increases in income-based jobseeker's allowance due to attainment of particular ages), in subsection (3), after “Contributions and Benefits Act;” there is inserted—E+W+S

(aa)personal independence payment;.

24In section 160B (implementation of increases in employment and support allowance due to attainment of particular ages), in subsection (3), for the words from “a benefit” to the end there is substituted—E+W+S

(a)a benefit under the Contributions and Benefits Act; or

(b)personal independence payment.

25In section 165 (adjustments between National Insurance Fund and Consolidated Fund), in subsection (1)(a)(iii), after “universal credit” (inserted by Schedule 2 to this Act) there is inserted “, personal independence payment”.E+W+S

26In section 170 (Social Security Advisory Committee), in subsection (5)—E+W+S

(a)in the definition of “the relevant enactments“, after paragraph (ak) (inserted by Schedule 2 to this Act) there is inserted—

  • Part 4 of that Act;;

(b)in the definition of “the relevant Northern Ireland enactments”, after paragraph (ak) (inserted by Schedule 2 to this Act) there is inserted—

(al)any provisions in Northern Ireland which correspond to Part 4 of that Act;.

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

(2)In subsection (3)(a), after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.

(3)In subsection (4), after paragraph (ag) (inserted by Schedule 2 to this Act) there is inserted—

(ah)to Part 4 of that Act;.

28In section 180 (payment of travelling expenses), in paragraphs (a) and (b)(i), after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.E+W+S

29In section 182B (information about postal redirection), in subsection (5)(b), after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.E+W+S

30In section 184 (control of pneumoconiosis), in paragraph (c), for “benefit as defined in section 122 of the Contributions and Benefits Act” there is substituted “personal independence payment, or benefit as defined in section 122 of the Contributions and Benefits Act,“.E+W+S

31In section 187 (inalienability), in subsection (1), after paragraph (ac) there is inserted—E+W+S

(ad)personal independence payment;.

32In section 191 (interpretation), in the definition of “benefit”, for “, state pension credit and an employment and support allowance” there is substituted “ state pension credit, an employment and support allowance and personal independence payment ”.E+W+S

33In Schedule 7 (regulations not requiring prior submission to Social Security Advisory Committee), before paragraph 1 there is inserted—E+W+S

Personal independence paymentE+W+S

A1Regulations under section 78(3) or 79(3) of the Welfare Reform Act 2012.

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

34The Social Security (Recovery of Benefits) Act 1997 is amended as follows.E+W+S

35In section 29 (general interpretation), in the definition of “benefit”, after “employment and support allowance” there is inserted “ , personal independence payment ”.E+W+S

36In Schedule 2 (calculation of compensation payment), in the table—E+W+S

(a)in the section relating to compensation for cost of care incurred during the relevant period, in the second column, after the entry for attendance allowance there is inserted “Daily living component of personal independence payment”;

(b)in the section relating to compensation for loss of mobility during the relevant period, in the second column, after the entry for mobility allowance there is inserted “Mobility component of personal independence payment”.

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

37The Social Security Act 1998 is amended as follows.E+W+S

38In section 2(2) (use of computers), after paragraph (k) (inserted by Schedule 2 to this Act) there is inserted or E+W+S

(l)Part 4 of that Act.

39In section 8 (decisions by Secretary of State)—E+W+S

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

(baa)personal independence payment;;

(b)in subsection (4), after the words “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “or Part 4 of that Act.”

40In section 11(3) (regulations with respect to decisions), in the definition of “current legislation”, after the words “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “and Part 4 of that Act”.E+W+S

41In section 27(7) (restriction on entitlement in cases of error), in the definition of “benefit”—E+W+S

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

(df)personal independence payment;;

(b)in paragraph (e) for “to (de)” there is substituted “ to (df) ”.

42In section 28(3) (correction of errors in decisions etc), after paragraph (h) (inserted by Schedule 2 to this Act) there is inserted or E+W+S

(i)Part 4 of that Act.

43In Schedule 3 (decisions against which an appeal lies), in paragraph 3—E+W+S

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

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

(h)regulations made under section 85(1) or 86(1) of the Welfare Reform Act 2012;

(i)section 87 of that Act.

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

44In section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits)—E+W+S

(a)in subsection (1), after “support allowance)“ there is inserted “or to personal independence payment”;

(b)in subsection (2), at the beginning of paragraph (b) there is inserted “disability living allowance or”.

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

45The Social Security Fraud Act 2001 is amended as follows.E+W+S

46In section 6A(1) (definitions)—E+W+S

(a)in the definition of “disqualifying benefit”, after paragraph (c) there is inserted—

(ca)any benefit under Part 4 of the Welfare Reform Act 2012 (personal independence payment) or under any provision in Northern Ireland which corresponds to that Part;;

(b)in the definition of “sanctionable benefit”, after paragraph (c) there is inserted—

(ca)personal independence payment;.

47In section 10 (power to supplement and mitigate loss of benefit provisions), in subsection (3), after paragraph (bd) (inserted by Schedule 2 to this Act) there is inserted—E+W+S

(be)any benefit under Part 4 of the Welfare Reform Act 2012 (personal independence payment) or under any provision in Northern Ireland which corresponds to that Part;.

Income Tax (Earnings and Pensions) Act 2003 (c. 1)E+W+S

48The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.E+W+S

49In section 677 (UK social security benefits wholly exempt from tax), in subsection (1), at the appropriate place in Part 1 of Table B there is inserted—E+W+S

Personal independence paymentWRA 2012Section 77
Any provision made for Northern Ireland which corresponds to section 77 of WRA 2012

50In Part 1 of Schedule 1 (abbreviations of Acts), at the end there is inserted—E+W+S

WRA 2012The Welfare Reform Act 2012

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

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

Would you like to continue?

You have chosen to open The Whole Act as a PDF

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

Would you like to continue?

You have chosen to open the Whole Act

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

Would you like to continue?

You have chosen to open the Whole Act without Schedules

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

Would you like to continue?

You have chosen to open Schedules only

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

Would you like to continue?

Close

Legislation is available in different versions:

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

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

Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

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

Close

Explanatory Notes

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

Close

More Resources

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

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

More Resources

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

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

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

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