Legalize / United Kingdom / Public General Act

Welfare Reform Act 2007

Type Public General Act

Publication 2007-05-03

Last updated 2025-12-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(c) “relevant authority” means— (i) a Minister of the Crown; (ii) a local authority; (iii) a county council in England; (iv) a person providing services to a person mentioned in sub-paragraphs (i) to (iii); (v) a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit; (vi) a person authorised to exercise any function a county council in England has under this section;

(3) In Part 1 of Schedule 4 to that Act (persons employed in social security administration or adjudication), under the heading “Local authorities etc” after the entry relating to a person authorised under section 139A(1) of that Act insert—

A member, officer or employee of a county council in England who exercises— (a) any function conferred on the county council by regulations made under section 7A of this Act; (b) any function in connection with a relevant purpose within the meaning of section 7B(3) of this Act. A person authorised to exercise any such function of such a county council or an employee of such a person.

Information relating to certain benefits

42

(1) Information falling within subsection (3) may be supplied by the person who holds it to a person falling within subsection (4) for purposes connected with the application of grant paid under a relevant enactment towards expenditure incurred by the recipient of the grant—

(a) in providing, or contributing to the provision of, welfare services, or

(b) in connection with such welfare services.

(2) Information falling within subsection (3) which is held for a prescribed purpose by a person falling within any of paragraphs (c) to (h) of subsection (4) may be—

(a) used by that person for another prescribed purpose;

(b) provided to another such person for use in relation to the same or another prescribed purpose.

(3) The information is any information which is held by a person falling within subsection (4) relating to—

(a) income support;

(b) income-based jobseeker's allowance;

(d) state pension credit;

(e) housing benefit;

(f) welfare services.

(4) The persons are—

(a) the Secretary of State;

(b) a person providing services to the Secretary of State;

(d) a person authorised to exercise any function of such an authority relating to housing benefit;

(e) a person providing to such an authority services relating to housing benefit;

(f) a local authority to which any grant is or will be paid as mentioned in subsection (1);

(g) a person authorised to exercise any function of such an authority relating to the grant;

(h) a person providing to such an authority services relating to any such function.

(5) Information which is supplied under subsection (1) to an authority or other person falling within subsection (4)(f), (g) or (h) may be supplied by the authority or person to a person who provides qualifying welfare services for purposes connected with the provision of those services.

(6) A person provides qualifying welfare services if—

(a) he provides welfare services,

(b) a local authority contribute or will contribute to the expenditure incurred by him in providing those services, and

(c) that contribution is or will be derived (in whole or in part) from any grant which is or will be paid to the authority as mentioned in subsection (1).

(7) A relevant enactment is an enactment specified by order made by the Secretary of State; and the power to make an order under this subsection is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(8) In subsection (2) a prescribed purpose is a purpose relating to housing benefit or welfare services which is prescribed by regulations made by the Secretary of State by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(9) The power to make an order or regulations under this section includes power—

(a) to make different provision for different purposes;

(b) to make such incidental, supplementary, consequential, transitional or saving provision as the Secretary of State thinks necessary or expedient.

(10) 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;

“local authority” means—in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;in relation to Wales, a county council or a county borough council;

“welfare services” includes services which provide support, assistance, advice or counselling to individuals with particular needs.

(11) In the Local Government Act 2000 (c. 22), sections 94 (disclosure of information) and 95 (unauthorised disclosure of information) are omitted.

Unlawful disclosure of certain information

43

(1) A person to whom subsection (2) applies is guilty of an offence if he discloses without lawful authority any information—

(a) which comes to him by virtue of section 42(1), (2) or (5), and

(b) which relates to a particular person.

(2) This subsection applies to—

(a) a person mentioned in section 42(4)(f) to (h);

(b) a person who provides qualifying welfare services (within the meaning of section 42(6));

(c) a person who is or has been a director, member of the committee of management, manager, secretary or other similar officer of a person mentioned in paragraph (a) or (b);

(d) a person who is or has been an employee of a person mentioned in paragraph (a) or (b).

(3) A person guilty of an offence under this section shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both, or

(b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both.

(4) It is not an offence under this section—

(a) to disclose information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it;

(b) to disclose information which has previously been disclosed to the public with lawful authority.

(5) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence—

(a) he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise, or

(b) he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.

(6) A disclosure is made with lawful authority if it is so made for the purposes of section 123 of the Administration Act.

(7) This section does not affect that section.

(8) Until the commencement of section 282 of the Criminal Justice Act 2003 (c. 44) (increase in maximum term that may be imposed on summary conviction of offence triable either way) the reference in subsection (3)(b) to 12 months must be taken to be a reference to 6 months.

Overpayment recovery

Recovery of overpaid benefit: Great Britain

44

(1) Section 71 of the Administration Act (overpayments) is amended as follows.

(2) Subsection (5) (recovery of overpayments paid into account not recoverable under regulations under subsection (4) unless determination of amount is reversed on appeal etc. and overpayment is determined on the appeal etc. to be so recoverable) ceases to have effect.

(3) In subsection (5A) (recovery of overpayments paid in consequence of misrepresentation etc. not recoverable under subsection (1) unless determination of amount is reversed on appeal etc.) for “under subsection (1) above” substitute “ under subsection (1) or under regulations under subsection (4) ”.

Recovery of overpaid child benefit and guardian’s allowance: Northern Ireland

45

(1) Section 69 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (overpayments) is amended as follows.

(2) Subsection (5) (recovery of overpayments paid into account not recoverable under regulations under subsection (4) unless determination of amount is reversed on appeal etc. and overpayment is determined on the appeal etc. to be so recoverable) ceases to have effect.

(3) In subsection (5A) (recovery of overpayments paid in consequence of misrepresentation etc. not recoverable under subsection (1) unless determination of amount is reversed on appeal etc.) for “under subsection (1) above” substitute “ under subsection (1) or under regulations under subsection (4) ”.

(4) The amendments made by this section have effect only in relation to child benefit and guardian's allowance.

Benefit fraud

Local authority powers to investigate benefit fraud

46

(1) Section 110A of the Administration Act (authorisation of investigations by authorities administering housing benefit or council tax benefit) is amended as follows.

(2) In subsection (1) for “any one or more of the purposes mentioned in subsection (2) below” substitute “ a relevant purpose ”.

(3) After subsection (1) insert—

(1A) Each of the following is a relevant purpose— (a) a purpose mentioned in subsection (2) below; (b) a purpose mentioned in section 109A(2)(a), (c) or (d). (1B) If the Secretary of State prescribes conditions for the purposes of this section, an authority must not proceed under this section for a purpose mentioned in section 109A(2)(a), (c) or (d) unless any such condition is satisfied. (1C) An authorisation made for a purpose mentioned in section 109A(2)(a), (c) or (d)— (a) is subject to such restrictions as may be prescribed; (b) is not valid in such circumstances as may be prescribed.

(4) In subsection (2) for “Those purposes” substitute “ The purposes in this subsection ”.

(5) In subsection (8), after paragraph (c) insert— “ but paragraphs (a) and (b) above do not apply in any case where the relevant purpose is as mentioned in subsection (1A)(b) above. ”

Local authority powers to prosecute benefit fraud

47

After section 116 of the Administration Act (legal proceedings) insert—

(116A) (1) This section applies if an authority administering housing benefit or council tax benefit has power to bring proceedings for a benefit offence relating to that benefit. (2) The authority may bring proceedings for a benefit offence relating to any other relevant social security benefit unless— (a) the proceedings relate to any benefit or circumstances or any description of benefit or circumstances which the Secretary of State prescribes for the purposes of this paragraph, or (b) the Secretary of State has directed that the authority must not bring the proceedings, and a direction under paragraph (b) may relate to a particular authority or description of authority or to particular proceedings or any description of proceedings. (3) If the Secretary of State prescribes conditions for the purposes of this section, an authority must not bring proceedings under this section unless any such condition is satisfied. (4) The Secretary of State may continue proceedings which have been brought by an authority under this section as if the proceedings had been brought in his name or he may discontinue the proceedings if— (a) he makes provision under subsection (2)(a), such that the authority would no longer be entitled to bring the proceedings under this section, (b) he gives a direction under subsection (2)(b) in relation to the proceedings, or (c) a condition prescribed under subsection (3) ceases to be satisfied in relation to the proceedings. (5) In the exercise of its power under subsection (2), a local authority must have regard to the Code for Crown Prosecutors issued by the Director of Public Prosecutions under section 10 of the Prosecution of Offences Act 1985— (a) in determining whether the proceedings should be instituted; (b) in determining what charges should be preferred; (c) in considering what representations to make to a magistrates' court about mode of trial; (d) in determining whether to discontinue proceedings. (6) An authority must not bring proceedings for a benefit offence which does not relate to housing benefit or council tax benefit otherwise than in accordance with this section. (7) In subsection (2), “relevant social security benefit” has the same meaning as in section 121DA below. (8) This section does not apply to Scotland.

Local authority functions relating to benefit: information

48

(1) Section 122C of the Administration Act (supply of information to authorities administering benefit) is amended as follows—

(a) in subsection (2) at the end insert “ or for the purposes of anything the authority is permitted to do in relation to any other benefit by virtue of section 110A or 116A above ”;

(b) in subsection (3)(a) for “offences relating to housing benefit or council tax benefit” substitute “ benefit offences (within the meaning of Part 6 above) ”.

(2) Section 122D of that Act (supply of information by authorities administering benefit) is amended as follows—

(a) in subsection (1), for “benefit administration information” substitute “ relevant benefit information ”;

(b) in subsection (2A), after “subsection (2)” insert “ , in addition to any other purpose for which the information may be used, ”;

(4) In subsection (1) “relevant benefit information”, in relation to an authority or other person, means any information which is relevant to the exercise of any function relating to a relevant social security benefit by the authority or other person.

;

(d) in subsection (5), in each place where it occurs for “housing benefit or council tax benefit” substitute “ any relevant social security benefit ”;

(e) in subsection (6), after the definition of “private pensions policy” insert—

“relevant social security benefit” has the same meaning as in section 121DA above;

(3) Section 122E of that Act (supply of information between authorities administering benefit) is amended as follows—

(a) in subsection (1) for “benefit administration information” substitute “ relevant benefit information ”;

(b) in subsection (2)(a) for “offences relating to housing benefit or council tax benefit” substitute “ benefit offences (within the meaning of Part 6 above) ”;

(6) In this section “relevant benefit information”, in relation to an authority or other person, means any information which is relevant to the exercise of any function relating to a relevant social security benefit (within the meaning of section 121DA above) by the authority or other person.

(4) In section 126A of that Act (power to require information from landlords and agents), in subsection (8) for “benefit administration information” substitute “ relevant benefit information ”.

Loss of benefit for commission of benefit offences

49

(1) In section 7 of the Social Security Fraud Act 2001 (c. 11) (loss of benefit for commission of benefit offences) in subsection (1)(b) (period within which later offence must be committed), for “three years” substitute “ five years ”.

(2) The amendment made by subsection (1) shall be disregarded insofar as the application of section 7(1)(b) of that Act involves considering whether an offence committed before the day on which this section comes into force was committed within the relevant period.

Part 4 — Miscellaneous

Benefits for bereaved persons

Widowed mother’s allowance

50

In section 37(2) of the Contributions and Benefits Act (which links entitlement to widowed mother's allowance on the ground of being entitled to child benefit to whether one of the conditions specified in section 77(5) of the Act is satisfied), the words from “one of the conditions” to “person and” are omitted.

Widowed parent’s allowance

51

In section 39A(3) of the Contributions and Benefits Act (which links entitlement to widowed parent's allowance on the ground of being entitled to child benefit to whether one of the conditions specified in section 77(5) of the Act is satisfied), the words from “one of the conditions” to “person and” are omitted.

Disability living allowance: age conditions

Care component of disability living allowance: persons under the age of 16

52

(1) Section 72 of the Contributions and Benefits Act (care component of disability living allowance) is amended as follows.

(2) After subsection (1) insert—

(1A) In its application to a person in relation to so much of a period as falls before the day on which he reaches the age of 16, subsection (1) has effect subject to the following modifications— (a) the condition mentioned in subsection (1)(a)(ii) shall not apply, and (b) none of the other conditions mentioned in subsection (1) shall be taken to be satisfied unless— (i) he has requirements of a description mentioned in the condition substantially in excess of the normal requirements of persons of his age, or (ii) he has substantial requirements of such a description which younger persons in normal physical and mental health may also have but which persons of his age and in normal physical and mental health would not have.

(3) After subsection (2) insert—

(2A) The modifications mentioned in subsection (1A) shall have effect in relation to the application of subsection (1) for the purposes of subsection (2), but only— (a) in the case of a person who is under the age of 16 on the date on which the award of the care component would begin, and (b) in relation to so much of any period mentioned in subsection (2) as falls before the day on which he reaches the age of 16.

(4) In subsection (5) (terminally ill person to be taken to have satisfied the conditions mentioned in subsection (1)(b) and (c)), after “person, shall” insert “ (notwithstanding subsection (1A)(b)) ”.

(5) Subsection (6) (modifications for persons under 16) ceases to have effect.

(6) In subsection (7), for “subsections (5) and (6)” substitute “ subsection (5) ”.

(7) After that subsection insert—

(7A) Subsection (1A) has effect subject to regulations made under subsection (7) (except as otherwise prescribed).

Mobility component of disability living allowance: persons under the age of 16

53

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

(2) For subsection (4) substitute—

(4A) In its application to a person in relation to so much of a period as falls before the day on which he reaches the age of 16, subsection (1) has effect subject to the modification that the condition mentioned in paragraph (d) shall not be taken to be satisfied unless— (a) he requires substantially more guidance or supervision from another person than persons of his age in normal physical and mental health would require, or (b) persons of his age in normal physical and mental health would not require such guidance or supervision.

(3) In subsection (5), omit “Subject to subsection (4) above,”.

(4) After that subsection insert—

(5A) Subsection (4A) has effect subject to regulations made under subsection (5) (except as otherwise prescribed).

(5) After subsection (9) insert—

(9A) The modifications mentioned in subsection (4A) shall have effect in relation to the application of subsection (1) for the purposes of subsection (9), but only— (a) in the case of a person who is under the age of 16 on the date on which the award of the mobility component would begin, and (b) in relation to so much of any period mentioned in subsection (9) as falls before the day on which he reaches the age of 16.

Matters to which regard must be had in awarding budgeting loans

54

In section 140(1A) of the Contributions and Benefits Act (principles for determining awards of budgeting loans)—

(a) in paragraph (b) (duty to have regard to criteria specified in paragraphs (b) to (e) of subsection (1)), for “(b) to (e)” substitute “ (b), (d) and (e) ”, and

(b) the words following paragraph (b) (which enable the Secretary of State to give directions about cases in which the applicant's personal circumstances would preclude the award of a budgeting loan) cease to have effect.

55

(1) Section 168 of the Administration Act (allocations from social fund) is amended as follows.

(2) In subsection (1) (duty of Secretary of State to allocate amounts for payments from the social fund such as are mentioned in section 138(1)(b) of the Contributions and Benefits Act), after “Act” insert “ (in this section referred to as “section 138(1)(b) payments”) ”.

(3) In subsection (3) (types of allocation that may be made)—

(a) for paragraph (a) substitute—

(a) may be for all section 138(1)(b) payments or for any description of such payments;

;

(b) in paragraph (b) (power to allocate different amounts for different purposes), for “different purposes” substitute “ payments of different descriptions ”; and

(4) After subsection (3) insert—

(3A) Without prejudice to the generality of subsection (3)(a), descriptions of section 138(1)(b) payments may, in particular, be framed by reference to— (a) the purposes for which payments are made; (b) the persons by whom payments are made (including where such persons are located); (c) the persons to whom payments are made (including where such persons are located).

Vaccine Damage Payments Act 1979

Overseas vaccinations

56

(1) Section 2 of the Vaccine Damage Payments Act 1979 (c. 17) (conditions of entitlement) is amended as follows.

(2) For subsection (5) substitute—

(5A) The Secretary of State may by order made by statutory instrument provide that, in such circumstances as may be specified in the order, the condition in subsection (1)(a)(i) need not be fulfilled in the case of vaccinations of persons of a description so specified which are given under arrangements made by or on behalf of— (a) Her Majesty's forces, (b) a government department so specified, or (c) any other body so specified. (5B) Orders under subsection (5A) may make different provision in relation to different cases.

(3) In subsection (6), for “that subsection” substitute “ this section ”.

Appeals to appeal tribunal in Northern Ireland

57

(1) The Vaccine Damage Payments Act 1979 is amended as follows.

(2) In section 4 (appeals to appeal tribunals), in subsection (1) (right of appeal), for “an appeal tribunal” substitute “ an appropriate appeal tribunal ” and after that subsection insert—

(1A) In subsection (1) the reference to an appropriate appeal tribunal is— (a) if the claimant's address is in Northern Ireland, to an appeal tribunal constituted under Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998; (b) if it is not, to an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998.

(3) In that section, after subsection (3) insert—

(3A) In relation to appeals under subsection (1) to an appeal tribunal constituted under Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998, the Department for Social Development in Northern Ireland may by regulations— (a) make provision as to the manner in which, and the time within which, appeals are to be brought; (b) make such provision with respect to proceedings before appeal tribunals as the Department considers appropriate. (3B) Regulations under subsection (3A) may in particular make any provision of a kind mentioned in Schedule 4 to the Social Security (Northern Ireland) Order 1998.

(4) In section 7A (correction of errors and setting aside of decisions), after subsection (1) insert—

(1A) The Department for Social Development in Northern Ireland may by regulations make provision with respect to— (a) the correction of accidental errors in any decision or record of a decision under section 4 of this Act of an appeal tribunal constituted under Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998; and (b) the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that— (i) a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party's representative or was not received at an appropriate time by the appeal tribunal which gave the decision; or (ii) a party to the proceedings or a party's representative was not present at a hearing related to the proceedings.

(5) In section 12 (financial provisions), after subsection (3) insert—

(3A) The Department for Social Development in Northern Ireland shall pay such travelling and other allowances as the Department may determine— (a) to persons required under section 4 to attend before tribunals constituted under Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998; and (b) in circumstances where the Department considers it appropriate, to any person who accompanies a disabled person to such a tribunal.

Compensation for pneumoconiosis etc.

“Relevant employer”

58

(1) The Pneumoconiosis etc. (Workers' Compensation) Act 1979 (c. 41) is amended as follows.

(2) In section 2 (conditions of entitlement), in subsection (3), for the definition of “relevant employer” substitute—

“relevant employer” has the meaning given in the Schedule to this Act.

(3) Insert the Schedule (definition of “relevant employer”) set out in Schedule 6.

(4) In section 7(3) (regulations subject to affirmative resolution), after “section 1 above” insert “ or paragraph 9 of the Schedule to this Act ”.

“Dependant”

59

(1) In section 3 of the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (dependants), in subsection (1) (definition of “dependant”)—

(a) in paragraph (a), after “spouse”, in each place, insert “ or civil partner ”; and

(b) for paragraph (c) substitute—

(c) if neither of the preceding paragraphs applies but he left a person who was residing with him and with whom he was in a qualifying relationship, that person;

(2) After subsection (2) of that section insert—

(2A) For the purposes of subsection (1)(c)— (a) two persons of the opposite sex are in a qualifying relationship if they are living together as husband and wife; (b) two persons of the same sex are in a qualifying relationship if they are living together as if they were civil partners. (2B) For the purposes of subsection (2A)(b), two persons of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

(3) Subsection (5) of that section (application of subsection (1) to Scotland: substitution of paragraph (c)) ceases to have effect.

(4) In Schedule 21 to the Civil Partnership Act 2004 (c. 33) (existing provisions to which the provisions of section 246 about interpretation of references to stepchildren apply), after paragraph 11 insert—

(11A) Section 3(4) of the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (“child” and “relative”: establishment of relationship).

Other

Power to stop payment of allowances to care home residents

60

(1) In section 67 of the Contributions and Benefits Act (exclusions relating to attendance allowance) for subsection (2) substitute—

(2) Regulations may provide that an attendance allowance shall not be payable in respect of a person for a period when he is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for him are borne out of public or local funds under a specified enactment. (3) The reference in subsection (2) to a care home is to an establishment that provides accommodation together with nursing or personal care. (4) The following are qualifying services for the purposes of subsection (2)— (a) accommodation, (b) board, and (c) personal care. (5) The reference in subsection (2) to a specified enactment is to an enactment which is, or is of a description, specified for the purposes of that subsection by regulations. (6) The power to specify an enactment for the purposes of subsection (2) includes power to specify it only in relation to its application for a particular purpose. (7) In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

(2) In section 72 of that Act (care component of disability living allowance), for subsection (8) substitute—

(8) Regulations may provide that no amount in respect of a disability living allowance which is attributable to entitlement to the care component shall be payable in respect of a person for a period when he is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for him are borne out of public or local funds under a specified enactment. (9) The reference in subsection (8) to a care home is to an establishment that provides accommodation together with nursing or personal care. (10) The following are qualifying services for the purposes of subsection (8)— (a) accommodation, (b) board, and (c) personal care. (11) The reference in subsection (8) to a specified enactment is to an enactment which is, or is of a description, specified for the purposes of that subsection by regulations. (12) The power to specify an enactment for the purposes of subsection (8) includes power to specify it only in relation to its application for a particular purpose. (13) In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Independent Living Funds

61

(1) In section 1(1) of the Disability (Grants) Act 1993 (c. 14) (which lists the organisations to which grants may be made by the Secretary of State)—

(a) paragraphs (a) and (b) (Independent Living (Extension) Fund and Independent Living (1993) Fund) cease to have effect;

(b) after paragraph (c) insert

, and (d) the Independent Living Fund (2006) established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part.

(2) In section 1(4) of that Act (modifications for Northern Ireland), in paragraph (a) (which substitutes for the Secretary of State the relevant Northern Ireland department), after “(other than the reference in subsection (1)(a) to the Secretary of State for Social Security” insert “ and the reference in subsection (1)(d) to the Secretary of State for Work and Pensions ”.

(3) The Secretary of State may by order made by statutory instrument amend or revoke any enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) if he considers it appropriate to do so in consequence of the amendments made by this section.

(4) A statutory instrument containing an order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) The Department for Social Development in Northern Ireland may by order made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) amend or revoke any enactment contained in an instrument within the meaning of section 1(c) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) if it considers it appropriate to do so in consequence of the amendments made by this section.

(6) A statutory rule containing an order under subsection (5) shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

Medical examinations

62

(1) The Social Security Act 1998 (c. 14) is amended as follows.

(2) In section 19 (medical examination required by Secretary of State), in subsections (1) and (2)(b), for “medical practitioner” substitute “ health care professional approved by the Secretary of State ”.

(3) In section 20 (medical examination required by appeal tribunal), in subsection (2), for “medical practitioner” substitute “ health care professional approved by the Secretary of State ”.

(4) In that section, after subsection (2), insert—

(2A) The power under subsection (2) to refer a person to a health care professional approved by the Secretary of State includes power to specify the description of health care professional to whom the person is to be referred.

(5) In section 39 (interpretation), in subsection (1), after the definition of “Commissioner” insert—

“health care professional” means— (a) a registered medical practitioner, (b) a registered nurse, (c) an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999, or (d) a member of such other profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 as the Secretary of State may prescribe;

Minor and consequential amendments relating to Part 4

63

Schedule 7 (which makes miscellaneous minor amendments and amendments consequential on this Part) has effect.

Part 5 — General

Northern Ireland

64

(1) This section applies to an Order in Council under paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of devolved government) which contains a statement that it is made only for purposes corresponding to those of this Act.

(2) Such an Order—

(a) is not subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but

(b) is subject to annulment in pursuance of a resolution of either House of Parliament.

General interpretation

65

In this Act—

“Administration Act” means the Social Security Administration Act 1992 (c. 5);

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

Financial provisions: general

66

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

(a) any expenditure incurred by the Secretary of State in consequence of Parts 2 to 4 of this Act, and

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

(2) There shall be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other enactment.

Repeals

67

The enactments specified in Schedule 8 are hereby repealed to the extent specified.

Transition

68

(1) The Secretary of State may by order made by statutory instrument make in connection with the coming into force of any provision of this Act, except Part 1, such transitional provision or savings as he considers necessary or expedient.

(2) The power under subsection (1) includes power to make—

(a) different provision for different cases or areas;

(b) incidental, supplementary and consequential provision.

Extent

69

(1) Subject to the following provisions, this Act extends to England and Wales and Scotland only.

(2) The following provisions extend to England and Wales only—

(a) sections 42(1) to (10) and 43, and

(b) paragraphs 6, 11(2) and 16 of Schedule 3.

(3) Paragraphs 1, 2, 4, 11(3), 14 and 22 of Schedule 3 extend to Scotland only.

(4) The following provisions also extend to Northern Ireland—

(a) sections 33(7), 49, 56, 57, 61, 64, 65, 68, this section and sections 70 and 71,

(b) paragraph 15 of Schedule 2, and sections 22 and 24 to 26 so far as relating thereto,

(c) paragraphs 5, 10(1) and (28), 17(1) and (2), 19, 23(1) to (3) and (6) to (8) and 24 of Schedule 3, and section 28 so far as relating thereto,

(d) paragraph 1 of Schedule 7, and section 63 so far as relating thereto, and

(e) Schedule 8, so far as relating to the Vaccine Damage Payments Act 1979 (c. 17), the Income and Corporation Taxes Act 1988 (c. 1), the Disability (Grants) Act 1993 (c. 14), section 2 of the Social Security Act 1998 (c. 14) and the Income Tax (Earnings and Pensions) Act 2003 (c. 1), and section 67 so far as relating thereto.

(5) The following provisions extend to Northern Ireland only—

(a) section 45, and

(b) Schedule 8, so far as relating to the Social Security Administration (Northern Ireland) Act 1992 (c. 8), and section 67 so far as relating thereto.

(6) The following provisions also extend to the Isle of Man—

(a) sections 56 and 57, section 68, this section and sections 70 and 71,

(b) paragraph 1 of Schedule 7, and section 63 so far as relating thereto, and

Commencement

70

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

(a) sections 41(2) and (3), 44, 45, 54, 55, 59, 61(1)(b) and (2) to (6) and 62,

(b) paragraphs 1 to 4, 10, 11 and 14 of Schedule 5, and section 40 so far as relating thereto,

(d) Schedule 8, so far as relating to—

(i) section 3(5) of the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (c. 41),

(ii) section 140(1A) of the Contributions and Benefits Act,

(iii) sections 71(5), 71ZA(2), 134(8)(a) and 168(3)(d) of the Administration Act,

(iv) section 69(5) of the Social Security Administration (Northern Ireland) Act 1992,

(v) Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c. 39),

(vi) section 38(7)(a) of, and paragraph 81(2) of Schedule 7 to, the Social Security Act 1998 (c. 14), and

(vii) paragraph 65 of Schedule 24 to the Civil Partnership Act 2004 (c. 33),

and section 67 so far as relating thereto.

(2) The remaining provisions of this Act, except—

(a) this section,

(b) sections 64, 65, 66, 68, 69 and 71, and

shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different purposes.

Short title

71

This Act may be cited as the Welfare Reform Act 2007.

SCHEDULE 1

Part 1 — ...

Conditions relating to national insurance

1

(1) The first condition is that—

(a) the claimant has actually paid Class 1 or Class 2 contributions in respect of one of the last two complete tax years (“the base tax year”) before the beginning of the relevant benefit year,

(b) those contributions must have been paid before the relevant benefit week, and

(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.

(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).

(4) Regulations may—

(a) provide for the condition set out in sub-paragraph (1) 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 that condition in relation to persons who have been so entitled, provide for that condition to apply in relation to them subject to prescribed modifications.

(5) In sub-paragraph (4), “benefit” means—

(za) universal credit,

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

(b) any benefit under Parts 7 to 12 of that Act,

(ca) credits under section 23A of that Act,

(d) a contributory allowance an employment and support allowance, and

(e) working tax credit.

2

(1) The second condition is that—

(a) the claimant has in respect of the last two complete tax years before the beginning of the relevant benefit year either paid or been credited with Class 1 or Class 2 contributions or been credited with earnings, and

(b) the earnings factor derived as mentioned in sub-paragraph (2) must be not less in each of those years than the year's lower earnings limit multiplied by 50.

(2) The earnings factor referred to in sub-paragraph (1)(b) is the aggregate of the claimant's earnings factors derived—

(a) from so much of his earnings as did not exceed the upper earnings limit for the year and upon which primary Class 1 contributions have been paid or treated as paid or from earnings credited, and

(b) from Class 2 contributions.

(3) Where primary Class 1 contributions have been paid or treated as paid on any part of a person's earnings, sub-paragraph (2)(a) shall have effect as if such contributions had been paid or treated as paid on so much of the earnings as did not exceed the upper earnings limit for the year.

3

(1) For the purposes of paragraphs 1 and 2—

(a) “benefit year” means a period which is a benefit year for the purposes of Part 2 of the Contributions and Benefits Act or such other period as may be prescribed for the purposes of this Part of this Schedule;

(b) “Class 1 contributions”, “Class 2 contributions” and “primary Class 1 contributions” have the same meaning as in the Contributions and Benefits Act (see section 1 of that Act);

(d) “earnings factor” shall be construed in accordance with sections 22 and 23 of that Act;

(e) “lower earnings limit” and “upper earnings limit” shall be construed in accordance with section 5 of that Act and references to the lower or upper earnings limit of a tax year are to whatever is (or was) the limit in force for that year under that section;

(f) “relevant benefit year” is the benefit year which includes the beginning of the period of limited capability for work which includes the relevant benefit week;

(g) “tax year” means the 12 months beginning with 6th April in any year.

(2) Regulations may provide for sub-paragraph (1)(f) to have effect in prescribed circumstances with prescribed modifications in the case of—

(a) a person who has previously ceased to be entitled to a contributory allowance an employment and support allowance;

(b) a person who has made a claim for an employment and support allowance in connection with which he failed to satisfy one or both of the conditions in paragraphs 1 and 2.

Condition relating to youth

4

(1) The third condition is that —

(a) the claimant was under 20 or, in prescribed cases, 25 when the relevant period of limited capability for work began,

(b) he is not receiving full-time education,

(c) he satisfies such conditions as may be prescribed with respect to residence or presence in Great Britain (or both), and

(d) there has been a day in the relevant period of limited capability for work—

(i) which was a day on which he was aged at least 16, and

(ii) which was preceded by a period of 196 consecutive days throughout which he had limited capability for work.

(2) In sub-paragraph (1), “relevant period of limited capability for work” means the period of limited capability for work which includes the relevant benefit week.

(3) Regulations may prescribe circumstances in which sub-paragraph (1)(a) does not apply in the case of a person who has previously ceased to be entitled to an employment and support allowance to which he was entitled by virtue of satisfying the condition set out in sub-paragraph (1).

(4) Regulations may make provision about when, for the purposes of sub-paragraph (1)(b), a person is, or is not, to be treated as receiving full-time education.

“Relevant benefit week”

5

In this Part of this Schedule, “relevant benefit week” means the week in relation to which the question of entitlement to an employment and support allowance is being considered.

6

(1) The conditions are that the claimant—

(a) has an income which does not exceed the applicable amount or has no income;

(b) does not have capital which, or a prescribed part of which, exceeds the prescribed amount;

(d) is not a member of a couple the other member of which is entitled to an income-related allowance, state pension credit, income support or an income-based jobseeker's allowance;

(e) is not engaged in remunerative work;

(f) is not a member of a couple the other member of which is engaged in remunerative work;

(g) is not receiving education.

(2) Where the claimant is a member of a couple, the income and capital of the other member of the couple shall, except in prescribed circumstances, be treated for the purpose of this paragraph as income and capital of the claimant.

(3) Regulations may prescribe circumstances in which, for the purposes of sub-paragraph (1)(e) and (f)—

(a) a person who is not engaged in remunerative work is to be treated as engaged in remunerative work, or

(b) a person who is engaged in remunerative work is to be treated as not engaged in remunerative work.

(4) Regulations may—

(a) make provision about when, for the purposes of sub-paragraph (1)(g), a person is, or is not, to be treated as receiving education;

(b) prescribe circumstances in which sub-paragraph (1)(g) does not apply.

(5) In this paragraph—

“applicable amount” means the amount which, in the claimant's case, is the applicable amount for the purposes of section 4(1);

“couple” means—two people who are married to, or civil partners of, each other and are members of the same household; ortwo people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners otherwise than in prescribed circumstances;

“education” has such meaning as may be prescribed;

“income-based jobseeker's allowance” has the same meaning as in the Jobseekers Act 1995 (c. 18);

“remunerative work” has such meaning as may be prescribed.

(6) ....

(7) Regulations may make provision for the preceding provisions of this paragraph to have effect with prescribed modifications in a case where—

(a) the claimant is a husband or wife by virtue of a marriage entered into under a law which permits polygamy,

(b) either party to the marriage has for the time being any spouse additional to the other party, and

(8) Regulations may make provision for the purposes of this paragraph as to circumstances in which people are to be treated as being or not being members of the same household.

SCHEDULE 2

Limited capability for work

1

Regulations may make provision—

(a) for a person to be treated in prescribed circumstances as having, or as not having, limited capability for work;

(b) for the question of whether a person has limited capability for work to be determined notwithstanding that he is for the time being treated by virtue of regulations under sub-paragraph (a) as having limited capability for work;

(c) for the question of whether a person has limited capability for work to be determined afresh in prescribed circumstances.

Waiting days

2

Except in prescribed circumstances, a person is not entitled to an employment and support allowance in respect of a prescribed number of days at the beginning of a period of limited capability for work.

Periods of less than a week

3

Regulations may make provision in relation to—

(a) entitlement to an employment and support allowance, or

(b) the amount payable by way of such an allowance,

in respect of any period of less than a week.

Linking periods

4

(1) Regulations may provide for circumstances in which a period of limited capability for work which is separated from another period of limited capability for work by not more than a prescribed length of time is to be treated for the purposes of this Part as a continuation of the earlier period.

(2) Regulations may provide, in relation to periods which are linked by virtue of regulations under sub-paragraph (1), that a condition which was satisfied in relation to the earlier period is to be treated for the purposes of this Part as satisfied in relation to the later period.

Presence in Great Britain

5

Regulations may make provision for the purposes of this Part as to the circumstances in which a person is to be treated as being, or not being, in Great Britain.

Contributory allowance: entitlement in case of absence from Great Britain

6

Regulations may provide that in prescribed circumstances a claimant who is not in Great Britain may nevertheless be entitled to a contributory allowance an employment and support allowance.

Contributory allowance: modification in relation to employment on ships etc.

7

(1) Regulations may modify any provision of this Part, so far as relating to a contributory allowance, in its application to any person who is, has been, or is to be—

(a) employed on board any ship, vessel, hovercraft or aircraft,

(b) outside Great Britain at any prescribed time or in any prescribed circumstances, or

(2) Regulations under this paragraph may, in particular, provide—

(a) for any provision of this Part to apply even though it would not otherwise apply;

(b) for any such provision not to apply even though it would otherwise apply;

(c) for the taking of evidence, in a country or territory outside Great Britain, by a consular official or other prescribed person;

(d) for enabling the whole, or any part, of a contributory allowance an employment and support allowance to be paid to such of the claimant's dependants as may be prescribed.

(3) In this paragraph, “continental shelf operations” has the same meaning as in section 120 of the Contributions and Benefits Act.

8

(1) Regulations may provide that in prescribed circumstances a claimant who is entitled to an income-related allowance immediately before ceasing to be in Great Britain continues to be entitled to such an allowance after ceasing to be in Great Britain.

(2) Regulations may modify any provision of this Part, so far as relating to an income-related allowance, in its application to a person who is entitled to such an allowance by virtue of regulations under sub-paragraph (1).

(3) Regulations under sub-paragraph (2) may, in particular, provide—

(a) for any provision of this Part to apply even though it would not otherwise apply;

(b) for any such provision not to apply even though it would otherwise apply.

9

Regulations may make provision—

(a) for a person to be treated in prescribed circumstances as having, or as not having, limited capability for work-related activity;

(b) for the question of whether a person has limited capability for work-related activity to be determined notwithstanding that he is for the time being treated by virtue of regulations under sub-paragraph (a) as having limited capability for work-related activity;

(c) for the question of whether a person has limited capability for work-related activity to be determined afresh in prescribed circumstances.

Effect of work

10

Regulations may prescribe circumstances in which a person is to be treated as not entitled to an employment and support allowance because of his doing work.

Treatment of allowance as “benefit”

11

Regulations may provide for—

(a) an employment and support allowance,

(b) a contributory allowance, or

to be treated, for prescribed purposes of the Contributions and Benefits Act, as a benefit, or a benefit of a prescribed description.

Attribution of reductions in cases where allowance taken to consist of two elements

12

Where an employment and support allowance is taken by virtue of section 6(5) to consist of two elements, any reduction in the amount payable in respect of the allowance which falls to be made by virtue of—

(a) section 11,

(b) section 12,

(ca) ..., or

(d) section 2AA of the Administration Act (full entitlement to certain benefits conditional on work-focused interview for partner),

shall be treated as reducing such of those elements by such amount as may be prescribed.

13

Information supplied in pursuance of regulations under any of sections 8, 9 and 11 to 13 11K ... shall be taken for all purposes to be information relating to social security.

Advance claims

14

This Part shall have effect with prescribed modifications in relation to cases where a claim to an employment and support allowance is by virtue of regulations under section 5(1)(c) of the Administration Act (advance claims) made, or treated as if made, for a period wholly or partly after the date on which it is made.

Members of the forces

15

(1) Regulations may modify—

(a) any provision of this Part, or

(b) any corresponding provision made for Northern Ireland,

in its application to persons who are or have been members of Her Majesty's forces.

(2) For the purposes of this paragraph, Her Majesty's forces shall be taken to consist of prescribed establishments and organisations in which persons serve under the control of the Defence Council.

SCHEDULE 3

1

In section 78(2A) of the Social Work (Scotland) Act 1968 (which exempts persons in receipt of certain benefits from liability for contributions in respect of children in care etc.), after “1995)” insert “ , an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) ”.

Education (Scotland) Act 1980 (c. 41)

2

In section 53(3) of the Education (Scotland) Act 1980 (pupils who qualify for free school meals etc.), in paragraphs (a) and (b), after sub-paragraph (ii) insert—

(iia) an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);

Transport Act 1982 (c. 49)

3

In section 70 of the Transport Act 1982 (payments in respect of applicants for exemption from wearing seat belts), in subsection (2) (applicants who qualify), in paragraph (b), for “or an income-based jobseeker's allowance (payable under the Jobseekers Act 1995)” substitute “ , an income-based jobseeker's allowance (payable under the Jobseekers Act 1995), an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance), ”.

Legal Aid (Scotland) Act 1986 (c. 47)

4

(1) The Legal Aid (Scotland) Act 1986 is amended as follows.

(2) In section 8(b) (under which persons in receipt of certain benefits are eligible for advice and assistance), for the words from second “or” to the end substitute “ , an income-based jobseeker's allowance (payable under the Jobseekers Act 1995) or an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance), ”.

(3) In section 11(2)(b) (under which persons not in receipt of certain benefits are liable to contribute to the cost of advice and assistance), for the words from second “or” to the end substitute “ , an income-based jobseeker's allowance (payable under the Jobseekers Act 1995) or an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance), ”.

Income and Corporation Taxes Act 1988 (c. 1)

5

(1) Section 347B of the Income and Corporation Taxes Act 1988 (qualifying maintenance payments) is amended as follows.

(2) In subsection (12) (payments to be treated as maintenance payments), at the end of paragraph (b) insert

; or (“) made by virtue of section 23 of the Welfare Reform Act 2007 (recovery of sums in respect of maintenance), or any corresponding enactment in Northern Ireland, in respect of an income-related employment and support allowance claimed by any other person,

(3) For subsection (13) substitute—

(13) In subsection (12)— - “income-based jobseeker's allowance” has the same meaning as in the Jobseekers Act 1995 or, for Northern Ireland, the same meaning as in any corresponding enactment in Northern Ireland; - “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) or, for Northern Ireland, under any corresponding enactment in Northern Ireland.

Children Act 1989 (c. 41)

6

(1) The Children Act 1989 is amended as follows.

(2) In section 17 (provision of services for children in need, their families and others), in subsection (9) (persons exempt from repayment of assistance), for “or of an income-based jobseeker's allowance” substitute “ , of an income-based jobseeker's allowance or of an income-related employment and support allowance ”.

(3) In section 17A (direct payments), in subsection (5) (persons in relation to whom special provision applies), in paragraph (b), for “or of an income-based jobseeker's allowance” substitute “ , of an income-based jobseeker's allowance or of an income-related employment and support allowance ”.

(4) In section 29 (recoupment of costs of providing services etc.), in subsections (3) and (3A) (exempt persons), for “or of an income-based jobseeker's allowance” substitute “ , of an income-based jobseeker's allowance or of an income-related employment and support allowance ”.

(5) In section 105 (interpretation), in subsection (1), after the definition of “income-based jobseeker's allowance” insert—

“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);

(6) In Schedule 2 (local authority support for children and families), in paragraph 21(4) (persons exempt from liability to contribute to maintenance of children looked after by local authority), for “or of an income-based jobseeker's allowance” substitute “ , of an income-based jobseeker's allowance or of an income-related employment and support allowance ”.

Child Support Act 1991 (c. 48)

7

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

(2) In section 6 as amended by the Child Support, Pensions and Social Security Act 2000 (c. 19) (applications by those claiming or receiving benefit), in subsection (1), after “income-based jobseeker's allowance” insert “ , an income-related employment and support allowance ”.

(3) In that section as it has effect apart from the Child Support, Pensions and Social Security Act 2000 (applications by those receiving benefit), in subsection (1), after “income-based jobseeker's allowance” insert “ , an income-related employment and support allowance ”.

(4) In section 46 as amended by the Child Support, Pensions and Social Security Act 2000 (reduced benefit decisions), in subsection (10)(c) (definition of “relevant benefit”), for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance, an income-related employment and support allowance ”.

(5) In that section as it has effect apart from the Child Support, Pensions and Social Security Act 2000 (failure to comply with obligations imposed by section 6), in subsection (11), in the definition of “relevant benefit”, after “income-based jobseeker's allowance” insert “ , an income-related employment and support allowance ”.

(6) In section 47(3)(b) (persons to be exempted from payment of fees), after “income-based jobseeker's allowance,” insert “ an income-related employment and support allowance, ”.

(7) In section 54 (interpretation), after the definition of “income-based jobseeker's allowance” insert—

“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);

(8) In Part 1 of Schedule 1 as it has effect apart from the Child Support, Pensions and Social Security Act 2000 (calculation of child support maintenance), in paragraph 5(4) (parents who are to be taken to have no assessable calculable income), after “income-based jobseeker's allowance” insert “ , an income-related employment and support allowance ”.

Criminal Justice Act 1991 (c. 53)

8

In section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deduction from income support)—

(a) in subsections (1) and (2)(d), for “or state pension credit” substitute “ , state pension credit or an income-related employment and support allowance ”;

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

9

(1) The Contributions and Benefits Act is amended as follows.

(2) In section 6A (notional payment of primary Class 1 contribution where earnings not less than lower earnings limit), in subsection (3) (purposes for which Class 1 contribution treated as paid), at the end insert

; and (e) any purposes relating to employment and support allowance.

(3) In section 22 (earnings factors)—

(a) in subsection (2) (purposes for which a person may be treated as having annual earnings factors), in paragraph (a), after “jobseeker's allowance” insert “ , to a contributory employment and support allowance ”;

(b) in subsection (5) (power to provide for crediting earnings or Class 2 contributions), after “jobseeker's allowance” insert “ , to a contributory employment and support allowance ”.

(4) At the end of section 22 insert—

(8) In this section, “contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance).

(5) Sections 30A to 30E (incapacity benefit) cease to have effect.

(6) In section 61A (contributions paid in error), in subsection (3), at the end of paragraph (c) insert “ and ”.

(7) In section 88 (increases of benefits to be in respect of only one adult dependant), for “86A” substitute “ 85 ”.

(8) In section 89(1) and (1A) (earnings to include occupational and personal pensions etc. for purposes of provisions relating to increases of benefits in respect of adult dependants), for “to 86A” substitute “ to 85 ”.

(9) In section 124 (income support), in subsection (1), after paragraph (g) insert

; and (h) he is not entitled to an employment and support allowance and, if he is a member of a couple, the other member of the couple is not entitled to an income-related employment and support allowance.

(10) At the end of section 124 insert—

(7) In this section, “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance).

(11) In section 150 (interpretation of Part 10: Christmas bonus)—

(a) in subsection (1) (definition of “qualifying benefit”), after paragraph (b) insert—

(ba) a qualifying employment and support allowance;

;

(b) in subsection (2), after the definition of “the qualifying age for state pension credit” insert—

“qualifying employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act 2007 the calculation of the amount of which includes an addition in respect of the support component or the work-related activity component;

(12) Sections 171A to 171G (incapacity for work) cease to have effect.

(13) In paragraph 5 of Schedule 3 (contribution conditions for widowed mother's allowance etc.), after sub-paragraph (6) insert—

(6A) The first condition shall be taken to be satisfied if the contributor concerned was entitled to main phase employment and support allowance at any time during— (a) the year in which he attained pensionable age or died under that age, or (b) the year immediately preceding that year. (6B) The reference in sub-paragraph (6A) to main phase employment and support allowance is to an employment and support allowance in the case of which the calculation of the amount payable in respect of the claimant includes an addition under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act 2007 (addition where conditions of entitlement to support component or work-related activity component satisfied).

10

(1) The Administration Act is amended as follows.

(2) In section 1 (entitlement to benefit dependent on claim), in subsection (4) (definition of “benefit”), after “state pension credit;” insert—

(ac) an employment and support allowance;

(3) In section 2AA (full entitlement to certain benefits conditional on work-focused interview for partner) in subsection (2) (benefits to which section applies), at the end insert

; and (f) an employment and support allowance.

(4) In section 5 (regulations about claims for and payments of benefit), in subsection (2) (benefits to which section applies), after paragraph (ab) insert—

(ac) an employment and support allowance;

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

(6) In section 71 (overpayments), in subsection (11) (benefits to which section applies), after paragraph (ab) insert—

(ac) an employment and support allowance;

(7) In section 73 (overlapping benefits)—

(a) in subsection (1), after “contribution-based jobseeker's allowance” insert “ or a contributory employment and support allowance ”;

(b) in subsection (4), at the end of paragraph (b) insert

or (c) a contributory employment and support allowance,

(8) In section 74 (income support and other payments)—

(a) in subsections (1)(b) and (2)(b), for “or state pension credit” substitute “ , state pension credit or an income-related employment and support allowance ”;

(b) in subsection (3)(b), for “or an income-based jobseeker's allowance”, in each place, substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ”.

(9) In section 74A (payment of benefit where maintenance payments collected by Secretary of State), in subsection (7) (benefits to which section applies), after “an income-based jobseeker's allowance” insert “ , an income-related employment and support allowance ”.

(10) In section 105 (failure to maintain)—

(a) in subsection (1)(b), for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance or an income-related employment and support allowance ”;

(b) in subsection (4), after “an income-based jobseeker's allowance” insert “ or an income-related employment and support allowance ”.

(11) In section 109(1) (diversion of arrested earnings to the Secretary of State_Scotland), after “income support”, in both places, insert “ or an income-related employment and support allowance ”.

(12) In section 121DA (interpretation of Part 6), in subsection (1) (definition of “relevant social security legislation”), after paragraph (hh) insert—

(hi) Part 1 of the Welfare Reform Act 2007;

(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14) In section 122B (supply of other government information for fraud prevention and verification), in subsection (3)(b), after “the Jobseekers Act 1995” insert “ , Part 1 of the Welfare Reform Act 2007 ”.

(15) In section 122C (supply of information to authorities administering benefit), in subsection (6)(b), after “the Jobseekers Act 1995” insert “ , Part 1 of the Welfare Reform Act 2007 ”.

(16) In section 124 (provisions relating to age, death and marriage), in subsection (1), before “and” at the end of paragraph (ab) insert—

(ac) of the provisions of Part 1 of the Welfare Reform Act 2007;

(17) In section 125 (regulations as to notification of death), in subsection (1), after “the State Pension Credit Act 2002” insert “ , Part 1 of the Welfare Reform Act 2007 ”.

(18) In section 126 (personal representatives to give information about the estate of a deceased person who was in receipt of certain benefits), in subsection (1), after “state pension credit” insert “ , an income-related employment and support allowance ”.

(19) In section 130 (duties of employers: statutory sick pay), in subsection (1) (power to require employer to supply information in connection with making of claim for certain benefits by employee), at the end insert—

(f) an employment and support allowance.

(20) In section 132 (power to require employers to provide information in connection with claims to certain benefits), in subsection (1), after paragraph (a) insert—

(aa) an employment and support allowance;

(21) In section 150 (annual up-rating of benefits)—

(a) in subsection (1) (Secretary of State to review certain sums each year to determine whether value retained in relation to prices), after paragraph (l) insert—

(m) specified in regulations under section 2(1)(a) or (4)(c) or 4(2)(a) or (6)(c) of the Welfare Reform Act 2007;

;

(b) in subsection (7) (power to include in annual up-rating order provision for increase in sums not required to be up-rated), for “or the State Pension Credit Act 2002” substitute “ , the State Pension Credit Act 2002 or Part 1 of the Welfare Reform Act 2007 ”.

(22) In section 159B (effect of alterations affecting state pension credit)—

(a) before “or” at the end of subsection (1)(b)(iii) insert—

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

;

(b) in subsection (6), in the definition of “component”, at the end insert—

(c) 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 a contributory employment and support allowance;

(23) After section 159B insert—

(159C) (1) Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) shall have effect where— (a) an award of an employment and support allowance is in force in favour of any person (“the recipient”), and (b) an alteration— (i) in any component of the allowance, (ii) in the recipient's benefit income, or (iii) in the recipient's war disablement or war widow's or widower's pension, affects the computation of the amount of the employment and support allowance to which he is entitled. (2) Where, as a result of the alteration, the amount of the employment and support allowance to which the recipient is entitled is increased or reduced, then, as from the commencing date, the amount of the employment and support allowance 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 an employment and support allowance 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 (iii), the amount of the alteration which he proposes to make by an order under section 150 or 152 or by or under any other enactment, and (b) the date on which he proposes to bring the alteration into force (“the proposed commencing date”). (5) If, in a case where this subsection applies, an award of an employment and support allowance 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 employment and support allowance 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 (iii) 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” means— 1. in relation to any component of an employment and support allowance, its alteration by or under any enactment; 2. in relation to a person's benefit income, the alteration of any of the sums referred to in section 150 by any enactment or by an order under section 150 or 152 to the extent that any such alteration affects the amount of his benefit income; 3. in relation to a person's war disablement pension or war widow's or widower's pension, its alteration by or under any enactment; - “benefit income”, in relation to a person, means so much of his income as consists of benefit under the Contributions and Benefits Act; - “the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient; - “component”, in relation to an 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 an employment and support allowance; - “war disablement pension” and “war widow's or widower's pension” have the same meaning as in section 159B.

(24) After section 160A insert—

(160B) (1) This section applies where— (a) an award of an employment and support allowance is in force in favour of a person (“the recipient”), and (b) a component 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 employment and support allowance of an increased amount, 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 benefit under the Contributions and Benefits Act. (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 an employment and support allowance, other than— (a) the question whether the component concerned, or any other component, 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 employment and support allowance falls to be varied. (5) In this section, “component”, in relation to a recipient and his employment and support allowance, means any of the amounts determined in accordance with regulations made under section 2(1)(a) or 4(2)(a) of the Welfare Reform Act 2007.

(25) In section 164 (destination of repayments), in subsection (1), after “section 38 of the Jobseekers Act 1995” insert “ , section 27 of the Welfare Reform Act 2007 ”.

(26) In section 165(6)(a) (under which no adjustment between the National Insurance Fund and the Consolidated Fund is required for administrative expenses of the Secretary of State relating to benefits payable out of money provided by Parliament), for “or section 20 of the State Pension Credit Act 2002” substitute “ , section 20 of the State Pension Credit Act 2002 or section 27 of the Welfare Reform Act 2007 ”.

(27) In section 166 (financial review and report), in subsection (2) (duty at end of each review period to review operation of certain provisions)—

(a) after paragraph (b) insert—

(ba) the provisions of Part 1 of the Welfare Reform Act 2007 relating to contributory employment and support allowance;

;

(b) in paragraph (c), for “and (b)” substitute “ to (ba) ”.

(28) In section 170 (Social Security Advisory Committee), in subsection (5)—

(a) in the definition of “the relevant enactments”, after paragraph (ai) insert—

(aia) the provisions of Part 1 of the Welfare Reform Act 2007;

;

(b) in the definition of “the relevant Northern Ireland enactments”, after paragraph (ai) insert—

(aia) any provisions in Northern Ireland which correspond to provisions of Part 1 of the Welfare Reform Act 2007;

(29) In section 179 (reciprocal agreements with countries outside the United Kingdom)—

(a) in subsection (3)(a), after “the State Pension Credit Act 2002” insert “ , Part 1 of the Welfare Reform Act 2007 ”;

(b) in subsection (4), before “and” at the end of paragraph (ae) insert

and (af) to Part 1 of the Welfare Reform Act 2007;

;

(ac) employment and support allowance;

(30) In section 180 (payment of travelling expenses by Secretary of State), after “the State Pension Credit Act 2002”, in both places, insert “ , Part 1 of the Welfare Reform Act 2007 ”.

(31) In section 187 (certain benefits to be inalienable), in subsection (1), after paragraph (ab) insert—

(ac) an employment and support allowance;

(32) In section 191 (general interpretation)—

(a) in the definition of “benefit”, for “and state pension credit” substitute “ , state pension credit and an employment and support allowance ”;

(b) after the definition of “the Contributions and Benefits Act” insert—

“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);

;

“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);

Local Government Finance Act 1992 (c. 14)

11

(1) The Local Government Finance Act 1992 is amended as follows.

(2) In Schedule 4 (enforcement in England and Wales)—

(a) in paragraph 6 (deductions from income support etc.), in sub-paragraphs (1) and (2)(b), for “or state pension credit” substitute “ , state pension credit or an employment and support allowance ”;

(b) in paragraph 12 (relationship between remedies), after sub-paragraph (1)(bb) insert—

(bc) deductions from an employment and support allowance may be resorted to more than once.

;

(c) in that paragraph, in sub-paragraph (1)(d), after “state pension credit” insert “ , deductions from an employment and support allowance ”.

(3) In Schedule 8 (enforcement in Scotland), in paragraph 6 (deductions from income support etc.), in sub-paragraphs (1) and (2)(b), for “or state pension credit” substitute “ , state pension credit or an employment and support allowance ”.

Jobseekers Act 1995 (c. 18)

12

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

(2) In section 1 (the jobseeker's allowance), in subsection (2) (conditions of entitlement), for paragraph (f) substitute—

(f) does not have limited capability for work;

(3) In section 3 (income-based conditions), in subsection (1)—

(a) in paragraph (b), for “or state pension credit” substitute “ , state pension credit or an income-related employment and support allowance ”;

(b) after paragraph (dd) insert—

(de) is not a member of a couple the other member of which is entitled to an income-related employment and support allowance;

(4) In section 3A (conditions for claims by joint-claim couples), in subsection (1), after paragraph (cc) insert—

(cd) that neither member of the couple is entitled to an income-related employment and support allowance;

(5) In section 35 (interpretation)—

(a) in subsection (1), after the definition of “income-based jobseeker's allowance” insert—

“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);

;

(b) in subsection (2), for “capable of work” substitute “ limited capability for work ”.

(6) In Schedule 1 (supplementary provisions), for paragraph 2, and the italic cross-heading immediately preceding it, substitute—

(2) (1) The question whether a person has, or does not have, limited capability for work shall be determined, for the purposes of this Act, in accordance with the provisions of Part 1 of the Welfare Reform Act 2007 (employment and support allowance). (2) References in Part 1 of the Welfare Reform Act 2007 to the purposes of that Part shall be construed, where the provisions of that Part have effect for the purposes of this Act, as references to the purposes of this Act.

Pensions Act 1995 (c. 26)

13

In Schedule 4 to the Pensions Act 1995 (equalisation of pensionable ages for men and women), in paragraph 1 (enactments for the purposes of which the rules for determining pensionable age apply) for “and the State Pension Credit Act 2002” substitute “ , the State Pension Credit Act 2002 and Part 1 of the Welfare Reform Act 2007 ”.

Children (Scotland) Act 1995 (c. 36)

14

In section 22 of the Children (Scotland) Act 1995 (promotion of welfare of children in need), in subsection (4) (under which persons in receipt of certain benefits cannot be required to repay financial assistance), at the end insert

; or (c) an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance).

Employment Tribunals Act 1996 (c. 17)

15

(1) The Employment Tribunals Act 1996 is amended as follows.

(2) In section 16 (power to provide for recoupment of benefits)—

(a) in subsections (3)(a) and (c) and (5)(cc) and (e), for “or income support” substitute “ , income support or income-related employment and support allowance ”;

(b) in subsection (3)(b), for “either benefit” substitute “ jobseeker's allowance, income support or income-related employment and support allowance ”;

(b) so as to apply to all or any of the benefits mentioned in subsection (3).

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Welfare Reform Act 2007

Information relating to certain benefits

42

Unlawful disclosure of certain information

43

Overpayment recovery

Recovery of overpaid benefit: Great Britain

44

Recovery of overpaid child benefit and guardian’s allowance: Northern Ireland

45

Benefit fraud

Local authority powers to investigate benefit fraud

46

Local authority powers to prosecute benefit fraud

47

Local authority functions relating to benefit: information

48

Loss of benefit for commission of benefit offences

49

Part 4 — Miscellaneous

Benefits for bereaved persons

Widowed mother’s allowance

50

Widowed parent’s allowance

51

Disability living allowance: age conditions

Care component of disability living allowance: persons under the age of 16

52

Mobility component of disability living allowance: persons under the age of 16

53

Social fund

Matters to which regard must be had in awarding budgeting loans

54

Allocations from Social Fund

55

Vaccine Damage Payments Act 1979

Overseas vaccinations

56

Appeals to appeal tribunal in Northern Ireland

57

Compensation for pneumoconiosis etc.

“Relevant employer”

58

“Dependant”

59

Other

Power to stop payment of allowances to care home residents

60

Independent Living Funds

61

Medical examinations

62

Minor and consequential amendments relating to Part 4

63

Part 5 — General

Northern Ireland

64

General interpretation

65

Financial provisions: general

66

Repeals

67

Transition

68

Extent

69

Commencement

70

Short title

71

SCHEDULE 1

Part 1 — ...

Conditions relating to national insurance

1

2

3

Condition relating to youth

4

“Relevant benefit week”