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

(7) The amount of housing benefit or council tax benefit payable in respect of a person who is entitled to the benefit by virtue of subsection (2) is to be determined in accordance with regulations made for the purposes of this section.

(8) If an amount of housing benefit or council tax benefit is, by virtue of subsection (2), payable in respect of a person by the appropriate authority for any period, no other amount of housing benefit or council tax benefit is (by virtue of the general conditions of entitlement) payable by that authority in respect of that person for the same period.

(9) Regulations may make provision in connection with the effect of a person's entitlement to housing benefit or council tax benefit by virtue of subsection (2) on an award of such benefit by virtue of the general conditions of entitlement in respect of that person or his partner.

(10) Regulations may provide that where—

(a) an amount of housing benefit or council tax benefit is, by virtue of subsection (2), payable in respect of a person by the appropriate authority for the whole or any part of a prescribed period, and

(b) an amount of housing benefit or council tax benefit is (by virtue of the general conditions of entitlement) payable by a local authority which is not that appropriate authority in respect of that person for the whole or any part of that period,

the amount of the benefit payable by the local authority mentioned in paragraph (b) is to be reduced by an amount determined in such manner as is prescribed.

(11) An amount determined for the purposes of subsection (10) may have the effect of reducing the amount mentioned in paragraph (b) of that subsection to nil.

(12) Regulations may make provision as to circumstances in which—

(a) subsection (8) does not apply;

(b) entitlement to housing benefit or council tax benefit of a partner of the person mentioned in subsection (10) is to be treated as the entitlement of that person;

(13) For the purposes of subsection (1) a person must be treated as entitled to housing benefit or council tax benefit by virtue of the general conditions of entitlement if—

(a) he is not so entitled to that benefit at the time he or his partner ceases to be entitled to the prescribed benefit as mentioned in subsection (1)(b), and

(b) his entitlement to housing benefit or council tax benefit (as the case may be) ceased during the prescribed period before that time.

Section 32: supplemental

33

(1) The administration provisions apply in relation to housing benefit or council tax benefit to which a person is entitled by virtue of subsection (2) of section 32 subject to—

(a) subsections (4), (5) and (6) of that section;

(b) any prescribed modifications of those provisions which the Secretary of State thinks are necessary or expedient in connection with such housing benefit or council tax benefit.

(2) Modifications under subsection (1)(b) may, in particular, provide that housing benefit or council tax benefit to which a person is entitled by virtue of section 32(2) must or may take the form of a payment by the appropriate authority to another local authority in prescribed circumstances.

(3) In this section the administration provisions are—

(a) the Administration Act;

(b) subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) made in pursuance of that Act.

(4) The power to make regulations under this section or section 32 is exercisable by the Secretary of State by statutory instrument.

(5) A statutory instrument containing regulations under this section or section 32 is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Section 175(3) to (7) of the Contributions and Benefits Act (supplemental provision as to regulations) applies in relation to regulations under this section and section 32 above as it applies in relation to regulations under that Act.

(7) In section 170 of the Administration Act (Social Security Advisory Committee), in subsection (5)—

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

(aj) sections 32 and 33 of the Welfare Reform Act 2007;

;

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

(aj) any provisions in Northern Ireland which correspond to sections 32 and 33 of the Welfare Reform Act 2007;

(8) For the purposes of any enactment other than a relevant enactment—

(a) entitlement to housing benefit by virtue of section 32(2) above is to be treated as entitlement under section 130 of the Contributions and Benefits Act;

(b) entitlement to council tax benefit by virtue of section 32(2) above is to be treated as entitlement under section 131 of that Act.

(9) In subsection (8), the relevant enactments are—

(a) the administration provisions, and

(b) Part 7 of the Contributions and Benefits Act, except sections 123 and 134(2) and (4).

Sections 32 and 33: interpretation

34

(1) This section has effect for the interpretation of sections 32 and 33.

(2) The general conditions of entitlement are the conditions governing entitlement to housing benefit or council tax benefit provided for by Part 7 of the Contributions and Benefits Act.

(3) The appropriate authority—

(a) in relation to housing benefit is the local authority or housing authority which, immediately before the person concerned ceased to be entitled to the prescribed benefit, funded and administered the housing benefit to which he was entitled;

(b) in relation to council tax benefit is the billing authority or, in Scotland, local authority which, immediately before the person concerned ceased to be entitled to the prescribed benefit, funded and administered the council tax benefit to which he was entitled.

(4) The following expressions have the same meaning as in the Administration Act—

(a) billing authority;

(b) housing authority;

(5) Partner, in relation to a person, is a person who is a member of the same couple (within the meaning of Part 7 of the Contributions and Benefits Act) as that person.

(6) Prescribed means prescribed by regulations.

Information relating to housing benefit

35

(1) Section 5 of the Administration Act (regulations about claims and benefits) is amended as follows.

(2) After subsection (2) insert—

(2A) The regulations may also require such persons as are prescribed to provide a rent officer with information or evidence of such description as is prescribed. (2B) For the purposes of subsection (2A), the Secretary of State may prescribe any description of information or evidence which he thinks is necessary or expedient to enable rent officers to carry out their functions under section 122 of the Housing Act 1996. (2C) Information or evidence required to be provided by virtue of subsection (2A) may relate to an individual claim or award or to any description of claims or awards.

(3) Subsection (3) ceases to have effect.

Supply of information by rent officers

36

After section 122E of the Administration Act (supply of information between authorities administering benefit) insert—

(122F) (1) The Secretary of State may require a rent officer to supply housing benefit information held by the rent officer to, or to a person providing services to, the Secretary of State for use for purposes relating to any of the following— (a) social security; (b) child support; (c) war pensions; (d) employment or training; (e) private pensions policy or retirement planning. (2) Information must be supplied under subsection (1) in such manner and form, and in accordance with such requirements, as may be specified in directions given by the Secretary of State. (3) A person who receives information by virtue of subsection (1) must not disclose the information to any person unless the disclosure is made— (a) for a purpose mentioned in that subsection (including disclosure to another rent officer in connection with any function he has under section 122 of the Housing Act 1996 relating to housing benefit), (b) in accordance with any other enactment, or (c) in accordance with the order of a court. (4) Housing benefit information is any information which relates to the exercise by the rent officer of any function he has under section 122 of the Housing Act 1996 relating to housing benefit.

Payment of housing benefit

37

In section 134 of the Administration Act (arrangements for housing benefit), for subsection (2) substitute—

(2) Housing benefit is to be paid in such manner as is prescribed, and regulations may, in particular, provide for— (a) a payment or payments by the authority administering the benefit to the person entitled to it (E), to some other person on E's behalf or in respect of a liability which E has, (b) a reduction in the amount of any payments which E is liable to make to the authority by way of rent, or (c) such a payment or payments and such a reduction. (2A) In any enactment or instrument (whenever passed or made) “pay” in relation to housing benefit includes discharge in any manner prescribed under subsection (2) above. (2B) Subsection (2) above does not affect any power under section 5 above to make provision in relation to the payment of benefit.

Duty to send inspection reports to the Secretary of State

38

(1) In section 13A of the Local Government Act 1999 (c. 27) (reports of inspections by Auditor General for Wales), after subsection (4) insert—

(4A) If a report relates to any extent to the administration of housing benefit or council tax benefit and the Auditor General for Wales thinks fit to do so, he shall as soon as reasonably practicable send a copy of the report to the Secretary of State.

(2) In section 29 of that Act (modifications for Wales), after subsection (2) insert—

(2A) Subsection (1)(a) does not apply to section 13A(4A).

Directions by Secretary of State

39

(1) Section 139D of the Administration Act (power to give directions) is amended in accordance with subsections (2) to (8) below.

(2) In subsection (1) (reports that trigger the section), for paragraph (c) substitute—

(c) a copy of a report under section 102(1)(b) or (c) of the Local Government (Scotland) Act 1973 which to any extent relates to the administration of benefit has been sent to a local authority and the Secretary of State under section 102(2) of that Act;

(3) In subsection (1), after paragraph (c) insert—

(ca) a copy of a report which has been sent to a local authority under section 13A(3) of the Local Government Act 1999 and to the Secretary of State under section 13A(4A) of that Act;

(4) In subsection (2) for “invite” substitute “ require ”.

(5) After subsection (2) insert—

(2A) A requirement under subsection (2) above may specify— (a) any information or description of information to be provided; (b) the form and manner in which the information is to be provided. (2B) The authority must respond to a requirement under subsection (2) above before the end of such period (not less than one month after the day on which the requirement is made) as the Secretary of State specifies in the requirement. (2C) The Secretary of State may extend the period specified under subsection (2B) above.

(6) For subsection (3) substitute—

(3) After considering— (a) the report, (b) any proposals made by the authority in response to it, and (c) any other information he thinks is relevant, the Secretary of State may give directions to the authority under subsection (3A) or (3B) or both. (3A) Directions under this subsection are directions as to— (a) standards which the authority is to attain in the prevention and detection of fraud relating to benefit or otherwise in the administration of benefit; (b) the time within which the standards are to be attained. (3B) Directions under this subsection are directions to take such action as the Secretary of State thinks necessary or expedient for the purpose of improving the authority's exercise of its functions— (a) in relation to the prevention and detection of fraud relating to benefit; (b) otherwise in relation to the administration of benefit. (3C) A direction under subsection (3B) may specify the time within which anything is to be done.

(7) In subsection (4), for “subsection (3)” substitute “ subsection (3A) ”.

(8) After subsection (4) insert—

(4A) If the Secretary of State proposes to give a direction under this section he must give the authority to which the direction is to be addressed an opportunity to make representations about the proposed direction. (4B) The Secretary of State may specify a period within which representations mentioned in subsection (4A) above must be made. (4C) The Secretary of State may extend a period specified under subsection (4B) above. (4D) Subsections (4A) to (4C) do not apply if the Secretary of State thinks that it is necessary for a direction to be given as a matter of urgency. (4E) If the Secretary of State acts under subsection (4D) he must give in writing to the authority to which the direction is addressed his reasons for doing so.

(9) After section 139D of that Act insert—

(139DA) (1) The Secretary of State may at any time in accordance with this section vary or revoke a direction under section 139D above. (2) A direction may be varied or revoked only if the Secretary of State thinks it is necessary to do so— (a) in consequence of representations made by the authority to which the direction is addressed, (b) to rectify an omission or error, or (c) in consequence of a material change in circumstances. (3) The Secretary of State must not vary a direction unless he first— (a) sends a copy of the proposed variation to the authority concerned, (b) gives the authority his reasons for making the variation, and (c) gives the authority an opportunity to make representations about the proposed variation. (4) The Secretary of State may specify a period of not less than one month within which representations mentioned in subsection (3)(c) above must be made. (5) The Secretary of State may extend a period specified under subsection (4) above.

Minor and consequential amendments relating to Part 2

40

Schedule 5 (which makes miscellaneous minor amendments and amendments consequential on this Part) has effect.

41

(1) In the Administration Act, after section 7A (sharing of functions as regards certain claims and information) insert—

(7B) (1) A relevant authority may use for a relevant purpose any social security information which it holds. (2) Regulations may make provision as to the procedure to be followed by a relevant authority for the purposes of any function it has relating to the administration of a specified benefit if the authority holds social security information which— (a) is relevant for the purposes of anything which may or must be done by the authority in connection with a claim for or an award of the benefit, and (b) was used by another relevant authority in connection with a claim for or an award of a different specified benefit or was verified by that other authority in accordance with regulations under section 7A(2)(e) above. (3) A relevant purpose is anything which is done in relation to a claim which is made or which could be made for a specified benefit if it is done for the purpose of— (a) identifying persons who may be entitled to such a benefit; (b) encouraging or assisting a person to make such a claim; (c) advising a person in relation to such a claim. (4) Social security information means— (a) information relating to social security, child support or war pensions; (b) evidence obtained in connection with a claim for or an award of a specified benefit. (5) A specified benefit is a benefit which is specified in regulations for the purposes of this section. (6) Expressions used in this section and in section 7A have the same meaning in this section as in that section. (7) This section does not affect any power which exists apart from this section to use for one purpose social security information obtained in connection with another purpose.

(2) In section 7A of that Act—

(a) in subsection (1) after paragraph (b) insert—

(c) as regards any relevant benefit, for claims for that benefit to be made to— (i) a county council in England, (ii) a person providing services to a county council in England, or (iii) a person authorised to exercise any function a county council in England has under this section.

;

(b) in subsection (2) after paragraph (d) insert—

(e) the verification by a relevant authority of information or evidence supplied to or obtained by the authority in connection with a claim for or an award of a relevant benefit.

;

(d) in subsection (3)(a) for “(1)(a) or (b)” substitute “ (1)(a), (b) or (c) ”;

(e) in subsection (6) for paragraph (c) substitute—

(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

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