Legislation – Welfare Reform Act 2012

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Introduction

Part 1
Universal credit

CHAPTER 1 Entitlement and awards

Introductory

1 Universal credit

2 Claims

Entitlement

3 Entitlement

4 Basic conditions

5 Financial conditions

6 Restrictions on entitlement

Awards

7 Basis of awards

8 Calculation of awards

Elements of an award

9 Standard allowance

10 Responsibility for children and young persons

11 Housing costs

12 Other particular needs or circumstances

CHAPTER 2 Claimant responsibilities

Introductory

13 Work-related requirements: introductory

14 Claimant commitment

Work-related requirements

15 Work-focused interview requirement

16 Work preparation requirement

17 Work search requirement

18 Work availability requirement

Application of work-related requirements

19 Claimants subject to no work-related requirements

20 Claimants subject to work-focused interview requirement only

21 Claimants subject to work preparation requirement

22 Claimants subject to all work-related requirements

Work-related requirements: supplementary

23 Connected requirements

24 Imposition of requirements

25 Compliance with requirements

Reduction of benefit

26 Higher-level sanctions

27 Other sanctions

28 Hardship payments

Administration

29 Delegation and contracting out

CHAPTER 3 Supplementary and general

Supplementary and consequential

30 Supplementary regulation-making powers

31 Supplementary and consequential amendments

32 Power to make supplementary and consequential provision etc

Universal credit and other benefits

33 Abolition of benefits

34 Universal credit and state pension credit

35 Universal credit and working-age benefits

36 Migration to universal credit

General

37 Capability for work or work-related activity

38 Information

39 Couples

40 Interpretation of Part 1

Regulations

41 Pilot schemes

42 Regulations: general

43 Regulations: procedure

Part 2
Working-age benefits

CHAPTER 1 Jobseeker’s allowance

Claimant responsibilities for interim period

44 Claimant commitment for jobseeker’s allowance

45 Interviews

46 Sanctions

47 Procedure for regulation-making powers

48 Consequential amendments

Claimant responsibilities after introduction of universal credit

49 Claimant responsibilities for jobseeker’s allowance

CHAPTER 2 Employment and support allowance

Conditions of entitlement

50 Dual entitlement

51 Period of entitlement to contributory allowance

52 Further entitlement after time-limiting

53 Condition relating to youth

Claimant responsibilities for interim period

54 Claimant commitment for employment and support allowance

55 Work experience etc

56 Hardship payments

Claimant responsibilities after introduction of universal credit

57 Claimant responsibilities for employment and support allowance

CHAPTER 3 Income support

58 Entitlement of lone parents to income support etc

59 Claimant commitment for income support

CHAPTER 4 Miscellaneous

Claimants dependent on drugs etc

60 Claimants dependent on drugs etc

Entitlement to work

61 Entitlement to work: jobseeker’s allowance

62 Entitlement to work: employment and support allowance

63 Entitlement to work: maternity allowance and statutory payments

Part 3
Other benefit changes

64 Injuries arising before 5 July 1948

65 Persons under 18

66 Trainees

67 Restriction on new claims for industrial death benefit

68 Determinations

69 Housing benefit: determination of appropriate maximum

70 Ending of discretionary payments

71 Purposes of discretionary payments

72 Determination of amount or value of budgeting loan

73 External provider social loans and community care grants

74 State pension credit: carers

75 State pension credit: capital limit

76 Calculation of working tax credit

Part 4
Personal independence payment

77 Personal independence payment

78 Daily living component

79 Mobility component

80 Ability to carry out daily living activities or mobility activities

81 Required period condition: further provision

82 Terminal illness

83 Persons of pensionable age

84 No entitlement to daily living component where UK is not competent state

85 Care home residents

86 Hospital in-patients

87 Prisoners and detainees

88 Claims, awards and information

89 Report to Parliament

90 Abolition of disability living allowance

91 Amendments

92 Power to make supplementary and consequential provision

93 Transitional

94 Regulations

95 Interpretation of Part 4

Part 5
Social security: general

96 Benefit cap

97 Benefit cap: supplementary

98 Claims and awards

99 Powers to require information relating to claims and awards

100 Payments to joint claimants

101 Payments on account

102 Power to require consideration of revision before appeal

103 Supersession of decisions of former appellate bodies

104 Electronic communications

105 Recovery of benefit payments

106 Deduction from earnings: other cases

107 Recovery of child benefit and guardian’s allowance

108 Application of Limitation Act 1980

109 Recovery of fines etc by deductions from employment and support allowance

110 Powers to require information relating to investigations

111 Time limits for legal proceedings

112 Prosecution powers of local authorities

113 Penalty in respect of benefit fraud not resulting in overpayment

114 Amount of penalty

115 Period for withdrawal of agreement to pay penalty

116 Civil penalties for incorrect statements and failures to disclose information

117 Benefit offences: disqualifying and sanctionable benefits

118 Benefit offences: period of sanction

119 Benefit offences: sanctions for repeated benefit fraud

120 Loss of tax credits

121 Cautions

122 Tax credit fraud: investigation

123 Information-sharing for prevention etc of tax credit fraud

124 Tax credit fraud: prosecution and penalties

125 Unauthorised disclosure of information relating to tax credit offences

126 Tax credits: transfer of functions etc

127 Information-sharing between Secretary of State and HMRC

128 Information-sharing between Secretary of State and DPP

129 Unlawful disclosure of information supplied under section 128

130 Information-sharing in relation to provision of overnight care etc

131 Information-sharing in relation to welfare services etc

132 Unlawful disclosure of information supplied under section 131

133 Sections 130 to 132: supplementary

134 Information-sharing for social security or employment purposes etc

Part 6
Miscellaneous

135 Functions of registration service

136 Supporting maintenance agreements

137 Collection of child support maintenance

138 Indicative maintenance calculations

139 Recovery of child support maintenance by deduction from benefit

140 Fees

141 Review of fees regulations

142 Exclusion from individual voluntary arrangements

143 Standards of decision-making

144 Use of jobcentres by sex industry

145 Social Mobility and Child Poverty Commission

146 UK child poverty strategies

Part 7
Final

147 Repeals

148 Financial provision

149 Extent

150 Commencement

151 Short title

SCHEDULES

SCHEDULE 1 Universal credit: supplementary regulation-making powers

SCHEDULE 2 Universal credit: amendments

SCHEDULE 3 Abolition of benefits: consequential amendments

SCHEDULE 4 Housing credit element of state pension credit

SCHEDULE 5 Universal credit and other working-age benefits

SCHEDULE 6 Migration to universal credit

SCHEDULE 7 Jobseeker’s allowance in interim period: consequential amendments

SCHEDULE 8 Social fund discretionary payments: consequential amendments

SCHEDULE 9 Personal independence payment: amendments

SCHEDULE 10 Personal independence payment: transitional

SCHEDULE 11 Power to require consideration of revision before appeal

SCHEDULE 12 Supersession of decisions of former appellate bodies

SCHEDULE 13 Social Mobility and Child Poverty Commission

SCHEDULE 14 Repeals

Part 1Universal credit

CHAPTER 3Supplementary and general

Regulations

41Pilot schemes

(1)

Any power to make—

(a)

regulations under this Part,

(b)

regulations under the Social Security Administration Act 1992 relating to universal credit, or

(c)

regulations under the Social Security Act 1998 relating to universal credit,

may be exercised so as to make provision for piloting purposes.

(2)

In subsection (1), “piloting purposes”, in relation to any provision, means the purposes of testing—

(a)

the extent to which the provision is likely to make universal credit simpler to understand or to administer,

(b)

the extent to which the provision is likely to promote—

(i)

people remaining in work, or

(ii)

people obtaining or being able to obtain work (or more work or better-paid work), or

(c)

the extent to which, and how, the provision is likely to affect the conduct of claimants or other people in any other way.

(3)

Regulations made by virtue of this section are in the remainder of this section referred to as a “pilot scheme“.

(4)

A pilot scheme may be limited in its application to—

(a)

one or more areas;

(b)

one or more classes of person;

(c)

persons selected—

(i)

by reference to prescribed criteria, or

(ii)

on a sampling basis.

(5)

A pilot scheme may not have effect for a period exceeding three years, but—

(a)

the Secretary of State may by order made by statutory instrument provide that the pilot scheme is to continue to have effect after the time when it would otherwise expire for a period not exceeding twelve months (and may make more than one such order);

(b)

a pilot scheme may be replaced by a further pilot scheme making the same or similar provision.

(6)

A pilot scheme may include consequential or transitional provision in relation to its expiry.

42Regulations: general

(1)

Regulations under this Part are to be made by the Secretary of State, unless otherwise provided.

(2)

A power to make regulations under this Part may be exercised—

(a)

so as to make different provision for different cases or purposes;

(b)

in relation to all or only some of the cases or purposes for which it may be exercised.

(3)

Such a power includes—

(a)

power to make incidental, supplementary, consequential or transitional provision or savings;

(b)

power to provide for a person to exercise a discretion in dealing with any matter.

(4)

Each power conferred by this Part is without prejudice to the others.

(5)

Where regulations under this Part provide for an amount, the amount may be zero.

(6)

Where regulations under this Part provide for an amount for the purposes of an award (or a reduction from an award), the amount may be different in relation to different descriptions of person, and in particular may depend on—

(a)

whether the person is a single person or a member of a couple;

(b)

the age of the person.

(7)

Regulations under section 11(4) or 12(3) which provide for the determination or calculation of an amount may make different provision for different areas.

43Regulations: procedure

(1)

Regulations under this Part are to be made by statutory instrument.

(2)

A statutory instrument containing regulations made by the Secretary of State under this Part is subject to the negative resolution procedure, subject as follows.

(3)

A statutory instrument containing the first regulations made by the Secretary of State under any of the following, alone or with other regulations, is subject to the affirmative resolution procedure—

(a)

section 4(7) (acceptance of claimant commitment);

(b)

section 5(1)(a) and (2)(a) (capital limits);

(c)

section 8(3) (income to be deducted in award calculation);

(d)

section 9(2) and (3) (standard allowance);

(e)

section 10(3) and (4) (children and young persons element);

(f)

section 11 (housing costs element);

(g)

section 12 (other needs and circumstances element);

(h)

section 18(3) and (5) (work availability requirement);

(i)

section 19(2)(d) (claimants subject to no work-related requirements);

(j)

sections 26 and 27 (sanctions);

(k)

section 28 (hardship payments);

(l)

paragraph 4 of Schedule 1 (calculation of capital and income);

(m)

paragraph 1(1) of Schedule 6 (migration), where making provision under paragraphs 4, 5 and 6 of that Schedule.

(4)

A statutory instrument containing regulations made by the Secretary of State by virtue of section 41 (pilot schemes), alone or with other regulations, is subject to the affirmative resolution procedure.

(5)

A statutory instrument containing regulations made by the Secretary of State under this Part is subject to the affirmative resolution procedure if—

(a)

it also contains regulations under another enactment, and

(b)

an instrument containing those regulations would apart from this section be subject to the affirmative resolution procedure.

(6)

For the purposes of subsections (2) to (5)

(a)

a statutory instrument subject to the “negative resolution procedure” is subject to annulment in pursuance of a resolution of either House of Parliament;

(b)

a statutory instrument subject to the “affirmative resolution procedure” may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(7)

A statutory instrument containing regulations made by the Welsh Ministers under section 32 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.