Legislation – Welfare Reform Act 2012

Social Work (Scotland) Act 1968 (c. 49)

In section 78(2A), the words from “income support” to “or family credit“.

Education (Scotland) Act 1980 (c. 44)

In section 53(3)—

1. (a)

   in paragraph (a), sub-paragraphs (i) to (iia) and, in sub-paragraph (iv), the words from “or any tax credit” to “2002 (c. 21)”;

2. (b)

   in paragraph (b), sub-paragraphs (i) to (iia) and, in sub-paragraph (iii), the words from “or any tax credit” to “2002 (c. 21)”.

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

In sections 8(b) and 11(2)(b), the words from “income support” to the end.

Children Act 1989 (c. 41)

In section 17—

1. (a)

   in subsection (9), the words from “of income support” to the end;

2. (b)

   subsection (12).

In section 17A(5)(b), the words from of “income support” to the end.

In section 29(3) and (3A), the words from “of income support” to the end.

In section 105(1), the definitions of—

1. (a)

   “income-based jobseeker’s allowance”;

2. (b)

   “income-related employment and support allowance”.

In Schedule 2, in paragraph 21(4), the words from “income support” to the end.

Child Support Act 1991 (c. 48)

In section 54(1), the definitions of—

1. (a)

   “income support”;

2. (b)

   “income-based jobseeker’s allowance”;

3. (c)

   “income-related employment and support allowance”.

In paragraph 5(4) of Schedule 1, as it has effect apart from section 1 of the Child Support, Pensions and Social Security Act 2000, the words from “income support” to “support allowance”.

Social Security Contributions and Benefits Act 1992 (c. 4)

In sections 4C(2)(b), (5)(c) and (7)(a), “contribution-based”.

In section 22—

1. (a)

   in subsections (2)(a) and (5), “contribution-based“;

2. (b)

   subsection (8).

In section 44A(7), “contributory“.

In section 122(1), the definition of “contribution-based jobseeker’s allowance“.

Sections 123 to 137.

Section 175(6).

In Schedule 3, in paragraph 5(6B), “or 4(2)(b)”.

Social Security Administration Act 1992 (c. 5)

Section 1(4)(b).

Sections 2A to 2H.

In section 5—

1. (a)

   subsection (2)(b) and (e);

2. (b)

   in subsection (6), “or housing benefit”.

Section 6.

In section 7—

1. (a)

   in the heading, the words “community charge benefits and other“;

2. (b)

   subsection (2), so far as not otherwise repealed;

3. (c)

   subsection (3)(b) and the preceding “and”.

Section 7A(1) to (5).

In section 15A—

1. (a)

   in subsection (1)(a), the words from “income support” to “employment and support allowance”;

2. (b)

   in subsection (1)(b), the words from “or the applicable” to “employment and support allowance”;

3. (c)

   in subsection (1), in the words after paragraph (b), the words from “or applicable” to “employment and support allowance”;

4. (d)

   in subsection (4), in the definition of “qualifying associate”, “income support, an income-based jobseeker’s allowance,”, “or an income-related employment and support allowance,”, “Part VII of the Contributions and Benefits Act or”, “under the Jobseekers Act 1995,” and “or Part 1 of the Welfare Reform Act 2007”;

5. (e)

   in subsection (4), in the definition of “relevant benefits”, paragraph (b).

Section 71(11)(b).

Section 71ZH(1)(c) and (d) (as inserted by section 105 of this Act).

Section 71A.

In section 73(1) and (4)(b), “contribution-based”.

In section 74—

1. (a)

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

2. (b)

   in subsection (2)(b), “income support, an income-based jobseeker’s allowance,” and “or an income-related employment and support allowance“;

3. (c)

   subsection (3);

4. (d)

   in subsection (4), “or (3)” and paragraph (b) and the preceding “and”.

In section 74A(7), the words from “income support” to “employment and support allowance”.

Section 75 (and the preceding cross-heading).

Sections 76 and 77.

In section 78(6)(d), “income support or an income-based jobseeker’s allowance”.

In the heading to Part V, “Income support and”.

In section 105—

1. (a)

   in subsection (1)(b), the words from “income support” to “support allowance”;

2. (b)

   subsection (3)(b) and the preceding “or”;

3. (c)

   subsection (4).

In section 106(1), (2), (3) and (4)(a), “income support or”.

In section 108(1)(a), “income support or”.

In section 109(1), “or income support or an income-related employment and support allowance”, in both places.

In section 109A—

1. (a)

   subsection (3)(b) to (d);

2. (b)

   subsections (6) and (7).

Sections 110A and 110AA.

In section 111—

1. (a)

   in subsection (1)(ab), “or 110AA”;

2. (b)

   in subsection (3), “or 110A”.

In section 115A—

1. (a)

   in subsection (1), “or an authority”, “71A, 75 or 76” and “or authority”;

2. (b)

   in subsection (1A) (as inserted by section 113 of this Act), “or an authority” in both places and “71A, 75 or 76“;

3. (c)

   in subsection (2), “or authority”, in both places;

4. (d)

   in subsection (5), “or authority”, in both places;

5. (e)

   subsections (7A) and (7B).

In section 115B—

1. (a)

   in subsection (1), “or an authority that administers housing benefit or council tax benefit”;

2. (b)

   in subsection (3), “or authority”, in both places;

3. (c)

   in subsection (4)(a) (as substituted by section 102 of this Act), “or authority”;

4. (d)

   in subsection (4A) (as so substituted), the words from “(and, where“ to the end;

5. (e)

   in subsection (6), “or authority”, in both places.

In section 115C (as inserted by section 116 of this Act)—

1. (a)

   in subsection (5), the words from “(and, where” to the end;

2. (b)

   in subsection (6), in the definition of “appropriate authority”, paragraph (b) and the preceding “or“.

In section 115D(5) (as inserted by section 116 of this Act), the words from “(and, where” to the end.

In section 116—

1. (a)

   in subsection (2)(a), “(other than proceedings to which paragraph (b) applies)” (as substituted by section 111 (a) of this Act);

2. (b)

   subsection (2)(b) and the preceding “and”;

3. (c)

   subsection (3)(b) and the preceding “and”;

4. (d)

   subsections (4) and (5).

Section 116A.

Section 121DA(6).

Sections 122C to 122E.

In section 122F, in subsection (3)(a) and (4), “housing benefit”.

Section 124(2)(b).

In section 126(1)—

1. (a)

   “income support, an income-based jobseeker’s allowance“;

2. (b)

   “an income-related employment and support allowance”.

Section 128A (and the preceding cross-heading).

Section 134.

Sections 138 to 140G.

In section 150—

1. (a)

   subsection (1)(h);

2. (b)

   in subsection (1)(m) “or 4(2)(a) or (6)(c)”;

3. (c)

   in subsection (7), “Part VII of the Contributions and Benefits Act or” and the words from “or which“ to the end;

4. (d)

   subsection (10)(b)(i) and (ii).

Section 151(6).

Section 159.

In section 159B—

1. (a)

   in subsection (1)(b)(iii), “contribution-based”;

2. (b)

   in subsection (6), in the definitions of “alteration” and “component”, “contribution-based“.

In section 159D (as inserted by Schedule 2 to this Act)—

1. (a)

   in subsection (1)(b)(iv), “contribution-based”;

2. (b)

   in subsection (6), in the definitions of “alteration” and “component”, “contribution-based“.

Sections 160 and 160A.

In section 160B(5), “or 4(2)(a)“.

Section 163(2)(d).

In section 166—

1. (a)

   in subsections (1)(c) and (2)(b), “relating to a contribution-based jobseeker’s allowance”;

2. (b)

   in subsection (2)(ba), “relating to a contributory employment and support allowance”.

In section 170(5), in the definition of “the relevant enactments”, paragraph (aj).

Section 176(1)(a) and (b).

Section 179(4)(b)(i) and (5)(a) and (d).

Section 182A(3)(c).

Section 182B(2).

Section 187(1)(b).

In section 189—

1. (a)

   subsections (7) and (7A);

2. (b)

   in subsection (8), “140B, 140C”.

Section 190(1)(aa) and (ab).

In section 191, the definitions of—

1. (a)

   “billing authority“;

2. (b)

   “contribution-based jobseeker’s allowance”;

3. (c)

   “contributory employment and support allowance”;

4. (d)

   “council tax benefit scheme”;

5. (e)

   “housing authority“;

6. (f)

   “housing benefit scheme“;

7. (g)

   “income-based jobseeker’s allowance”;

8. (h)

   “income-related benefit“;

9. (i)

   “income-related employment and support allowance”;

10. (j)

    “rent rebate” and “rent allowance”.

In Schedule 4, the paragraphs headed “Local authorities etc”.

Local Government Finance Act 1992 (c. 14)

In Schedule 4—

1. (a)

   in paragraph 6(1) and (2)(b), “income support”.

2. (b)

   paragraph 12(1)(b);

3. (c)

   in paragraph 12(1)(d), “deductions from income support”.

In Schedule 8, in paragraph 6(1) and (2)(b), “income support”.

In Schedule 9, paragraphs 1 to 13, 15 to 17, 19 to 24 and 25(a) and (c).

Jobseekers Act 1995 (c. 18)

Section 1(2A) to (2D) and (4).

In section 2—

1. (a)

   subsection (1)(d) and the preceding “and”;

2. (b)

   in subsection (3C)(d), “contribution-based”;

3. (c)

   subsection (3C)(e) and the preceding “and”.

Sections 3 to 3B.

In section 4—

1. (a)

   in subsection (1), “contribution-based”;

2. (b)

   subsections (3), (3A) and (6) to (11A).

Section 4A.

In section 5—

1. (a)

   in the heading and in subsection (1), “contribution-based“;

2. (b)

   in subsection (2), “contribution-based”, in the first two places;

3. (c)

   in subsection (3), “contribution-based”.

Section 13.

Sections 15 to 17.

In section 17A(10), the definition of “claimant”.

Section 18.

Section 23.

Sections 25 and 26.

Section 28.

Section 31.

In section 35(1)—

1. (a)

   in the definition of “claimant”, the words from “except” to the end;

2. (b)

   the definitions of “contribution-based jobseeker’s allowance”, “income-based conditions”, “income-based jobseeker’s allowance”, “income-related employment and support allowance”, “joint claim couple” and “joint-claim jobseeker’s allowance” and “the nominated member”.

In section 38—

1. (a)

   in subsections (3) and (4), “contribution-based”;

2. (b)

   subsection (6).

Section 40.

In Schedule 1—

1. (a)

   in paragraph 6(1), “contribution-based”;

2. (b)

   paragraphs 8 and 8A;

3. (c)

   paragraphs 9 to 10;

4. (d)

   in paragraph 11(1), “contribution-based”;

5. (e)

   in paragraph 16(1) and (2)(d), “contribution-based“;

6. (f)

   paragraph 18(b) and (c).

In Schedule 2, paragraphs 29 to 35, 53(4) and 73(3) and (4).

Children (Scotland) Act 1995 (c. 36)

Section 22(4)(a) to (c).

Housing Act 1996 (c. 52)

In section 122—

1. (a)

   in the heading and in subsection (1) “housing benefit and rent allowance subsidy”;

2. (b)

   subsections (2) to (7).

Schedule 12.

In Schedule 13, paragraph 3(3) to (6).

Education Act 1996 (c. 56)

In section 457(4)—

1. (a)

   sub-paragraphs (i) to (iia);

2. (b)

   in sub-paragraph (iii), the words from “or entitled” to “such a tax credit”.

In section 512ZB(4)—

1. (a)

   paragraph (a)(i) to (iia);

2. (b)

   paragraph (aa)(ii);

3. (c)

   paragraph (b)(i) to (iia);

4. (d)

   paragraph (c)(ii) and the preceding “or”.

In section 579(1), the definition of “income-related employment and support allowance”.

Social Security (Recovery of Benefits) Act 1997 (c. 27)

In Schedule 2, in the second column of the table, the reference to income support.

Social Security Administration (Fraud) Act 1997 (c. 47)

Section 3.

Section 4(1).

Section 5.

Sections 8 to 10.

Section 16.

In Schedule 1, paragraphs 3 and 7.

Social Security Act 1998 (c. 14)

Section 8(3)(c).

In section 8(5), the words from “other than” to the end.

Section 34.

In section 39(1), the definition of “claimant”.

Section 79(8).

In Schedule 2—

1. (a)

   paragraph 1 (and the preceding heading);

2. (b)

   paragraph 5A (and the preceding heading);

3. (c)

   paragraph 6(b)(i);

4. (d)

   paragraph 7 (and the preceding heading).

In Schedule 3, in paragraph 5, “or 71A”.

In Schedule 7, paragraphs 95, 97, 98, 139, 140 and 146.

Audit Commission Act 1998 (c. 18)

Sections 38 and 39.

Section 50.

In Schedule 1, paragraph 8(2)(b).

In Schedule 2A, in paragraph 3—

1. (a)

   in the definition of “national studies functions”, paragraph (d);

2. (b)

   in the definition of “reporting functions”, paragraph (a);

3. (c)

   the definition of “section 139A inspector”.

In Schedule 3, paragraph 23.

Scotland Act 1998 (c. 46)

In Part 2 of Schedule 5, in Section F1, under the heading “Illustrations”, “administration and funding of housing benefit and council tax benefit;”.

Access to Justice Act 1999 (c. 22)

In Schedule 4, paragraph 48.

Local Government Act 1999 (c. 27)

Section 13A(4A).

Section 14.

Section 29(2A).

Welfare Reform and Pensions Act 1999 (c. 30)

Sections 57 and 58.

Section 72(3)(a).

In Schedule 7, paragraphs 2(3) and (4), 4, 5(3) and (4), 6, 9 to 11, 15 and 16.

In Schedule 8, paragraphs 28 and 29(2), (4), (5) and (7).

In Schedule 12, paragraphs 79, 80, 82, 83 and 87.

Immigration and Asylum Act 1999 (c. 33)

Section 97(5)(a).

In section 115(1)—

1. (a)

   “to income-based jobseeker’s allowance under the Jobseekers Act 1995 or”;

2. (b)

   the words from “or to income-related” to “support allowance)“;

3. (c)

   paragraphs (e), (j) and (k).

Child Support, Pensions and Social Security Act 2000 (c. 19)

Section 68.

Section 71.

In Schedule 6, paragraph 3.

Schedule 7.

Local Government Act 2000 (c. 22)

Section 96.

Capital Allowances Act 2001 (c. 2)

In Schedule A1, in paragraph 17(1)—

1. (a)

   in paragraph (a), the words from “disregarding any” to “working tax credit,”;

2. (b)

   in paragraph (b), “child tax credit or working tax credit”.

Social Security Fraud Act 2001 (c. 11)

Section 1(5).

Section 2(2).

Section 6.

In section 6A(1), in the definition of “sanctionable benefit”, paragraph (a).

In section 6B—

1. (a)

   in subsection (2)(b)(i), “or an authority which administers housing benefit or council tax benefit”;

2. (b)

   subsections (6), (7), (9) and (10).

In section 7—

1. (a)

   subsections (3), (4), (4B) and (5);

2. (b)

   in subsection (10), “8 or“.

Section 8.

In section 9—

1. (a)

   subsection (1)(a), (b), (bc), (c) and (d);

2. (b)

   subsections (3), (4), (4B) and (5).

In section 10(2), “8”.

In section 11(3)—

1. (a)

   paragraph (b);

2. (b)

   paragraph (d).

In section 13, the definitions of—

1. (a)

   “income-based jobseeker’s allowance”, “joint-claim jobseeker’s allowance” and “joint-claim couple“;

2. (b)

   “income-related allowance“.

Section 14.

State Pension Credit Act 2002 (c. 16)

Section 15(1)(b).

In section 17(1), the definition of “working tax credit”.

Section 18A(7)(c) and the preceding “or”.

In Schedule 2, paragraphs 2 to 4 and 36 to 38.

Tax Credits Act 2002 (c. 21)

Part 1 (but not Schedule 1 or 3).

Employment Act 2002 (c. 22)

Section 49.

In Schedule 6, paragraphs 2 and 3.

In Schedule 7, paragraphs 9, 10, 12(a), 15 and 51.

Income Tax (Earnings and Payments) Act 2003 (c. 1)

In Schedule 6, paragraphs 179 and 228 to 230.

Local Government Act 2003 (c. 26)

In Schedule 7, paragraphs 34 to 39.

Public Audit (Wales) Act 2004 (c. 23)

In Schedule 2, paragraph 15.

Civil Partnership Act 2004 (c. 33)

In Schedule 24, paragraphs 42 to 46, 55, 118 to 122 and 144 to 147.

Pensions Act 2004 (c. 35)

In Schedule 10, paragraph 3.

Commissioners for Revenue and Customs Act 2005 (c. 11)

Section 5(1)(c) and the preceding “and”.

Section 44(3)(d) and the preceding “and”.

Section 54(4)(f) and the preceding “and”.

In Schedule 1, paragraphs 4 and 31.

Education Act 2005 (c. 18)

In section 108(1)(a), “or tax credits”.

In section 110—

1. (a)

   subsection (1);

2. (b)

   in subsection (3), “(1) or”.

Childcare Act 2006 (c. 21)

In section 13A—

1. (a)

   subsection (1);

2. (b)

   in subsection (3), “(1) or”.

Welfare Reform Act 2007 (c. 5)

In section 1—

1. (a)

   in subsection (2), in the opening words, “either”;

2. (b)

   in subsection (2)(a), “Part 1 of” and “that Part of”;

3. (c)

   subsection (2)(b) and the preceding “or”;

4. (d)

   subsection (3)(e);

5. (e)

   in subsection (3)(f), the words from “(and” to “allowance)”;

6. (f)

   in subsection (3A), “Part 1 of”;

7. (g)

   in subsection (6), the definition of “joint-claim jobseeker’s allowance”;

8. (h)

   subsections (6A) and (7).

In section 1A—

1. (a)

   in the heading, “contributory”;

2. (b)

   in subsections (1) (in both places), (3) and (4), “Part 1 of”.

Section 1B(2).

In section 2, in the heading, “contributory”.

In section 3, in the heading, “contributory”.

Sections 4 to 6.

Section 23.

In section 24(1), the definitions of “contributory allowance”, “income-related allowance” and “income support”.

In section 26(1)(a), “or 4(4)(c) or (5)(c)”.

Section 27(2)(a) and (4).

Section 29.

Sections 30 to 34.

Sections 37 to 39.

Section 41(2)(a) to (d) and (3).

Sections 46 and 47.

Section 48(1) to (3).

In Schedule 1—

1. (a)

   the heading to Part 1;

2. (b)

   paragraph 1(5)(e) and the preceding “and”;

3. (c)

   Part 2.

In Schedule 2—

1. (a)

   in the headings to paragraphs 6 and 7, “Contributory allowance:“;

2. (b)

   paragraph 8;

3. (c)

   paragraph 11(b) and (c);

4. (d)

   paragraph 12, so far as not otherwise repealed.

In Schedule 3, paragraphs 1, 2, 4, 9(9) and (10), 10(3), (8)(b), (15) and (32)(b) and (c) and 12(3) and (4).

Schedule 4.

In Schedule 5, paragraphs 1, 3 to 9, 12 and 13.

In Schedule 7, paragraph 3(2).

Tribunals, Courts and Enforcement Act 2007 (c. 15)

In Schedule 13, paragraph 103.

Pensions Act 2007 (c. 22)

In Schedule 1, paragraph 25.

Local Government and Public Involvement in Health Act 2007 (c. 28)

Section 147(2).

Section 148(1)(b).

Section 150.

Child Maintenance and Other Payments Act 2008 (c. 6)

Section 45(2).

In Schedule 7, paragraph 2(2).

Corporation Tax Act 2009 (c. 4)

In section 1059—

1. (a)

   subsection (3);

2. (b)

   in subsection (5), “child tax credit or working tax credit”.

In section 1108—

1. (a)

   subsection (3);

2. (b)

   in subsection (5), “child tax credit or working tax credit”.

Welfare Reform Act 2009 (c. 24)

Section 2.

Section 3(1) and (2).

Sections 4 and 5.

Section 8(2)(a).

Section 9.

Section 34(1) and (2).

Sections 35 and 36.

Section 37(3).

Schedule 2.

In Schedule 4, paragraph 3.

Part 1 of Schedule 7.

In Part 3 of Schedule 7, the entries relating to —

1. (a)

   section 2B of the Social Security Administration Act 1992;

2. (b)

   section 72(3)(b) of the Welfare Reform and Pensions Act 1999;

3. (c)

   paragraph 5A of Schedule 2 to the Social Security Act 1998;

4. (d)

   the Employment Act 2002;

5. (e)

   the Civil Partnership Act 2004.

Welfare Reform Act 2012 (c. 5)

Section 50(1).

Section 52(2).

Section 58(2).

Section 59.

Section 69.

Section 105(5).

Section 106(3).

Section 111.

Section 130(7)(b) and (c).

In section 131—

1. (a)

   in subsection (3), “or housing benefit” in all three places;

2. (b)

   in subsection (7)(a)(i), the words from “or a person engaged” to the end;

3. (c)

   in subsection (9)(a)(i), the words from “or a person engaged” to the end;

4. (d)

   subsection (11)(d) to (f);

5. (e)

   in subsection (12), the definition of “person engaged in the administration of housing benefit”.

In Schedule 7, paragraphs 3 and 10(2).

In Schedule 9, paragraphs 18, 22, 26 and 27.

In Schedule 11, paragraphs 12 to 14.

In Schedule 12, paragraph 5.