Legislation – Welfare Reform Act 2012

Welfare Reform Act 2012, Section 63 is up to date with all changes known to be in force on or before 29 March 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Section 63:

specified provision(s) amendment to earlier commencing S.I. 2013/1511 by S.I. 2017/57 art. 5 13 14 Sch.
specified provision(s) amendment to earlier commencing S.I. 2013/2657 by S.I. 2016/596 art. 4–6 Sch.
specified provision(s) amendment to earlier commencing S.I. 2013/2657 by S.I. 2017/57 art. 13 15 Sch.
specified provision(s) amendment to earlier commencing S.I. 2013/2846 by S.I. 2016/596 art. 3 4 7 Sch.
specified provision(s) amendment to earlier commencing S.I. 2013/983 by S.I. 2018/138 art. 3
specified provision(s) amendment to earlier commencing S.I. 2013/983 by S.I. 2019/10 reg. 3(1)
specified provision(s) amendment to earlier commencing S.I. 2013/983 by S.I. 2019/167 art. 5(2)
specified provision(s) amendment to earlier commencing S.I. 2013/983, art. 5A(1), 6(1) by S.I. 2017/483 art. 2
specified provision(s) amendment to earlier commencing S.I. 2014/1583 by S.I. 2017/664 art. 5 Sch.
specified provision(s) amendment to earlier commencing S.I. 2014/209 by S.I. 2016/596 art. 3 4 8 Sch.
specified provision(s) amendment to earlier commencing S.I. 2014/209 by S.I. 2017/57 art. 10 16 Sch.
specified provision(s) amendment to earlier commencing S.I. 2014/2321 by S.I. 2016/596 art. 5 9 Sch.
specified provision(s) amendment to earlier commencing S.I. 2014/2321 by S.I. 2016/963 art. 3 7 8 13 Sch.
specified provision(s) amendment to earlier commencing S.I. 2014/2321 by S.I. 2017/584 art. 5 Sch.
specified provision(s) amendment to earlier commencing S.I. 2014/2321 by S.I. 2017/664 art. 5 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/101 by S.I. 2016/596 art. 3–5 10 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/101 by S.I. 2016/963 art. 4 6–12 14 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/101 by S.I. 2017/57 art. 3–9 11 12 17 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/101 by S.I. 2017/584 art. 3 4 6–9 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/101 by S.I. 2017/664 art. 3–5 7–9 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/1537 by S.I. 2016/596 art. 3 4 11 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/1537 by S.I. 2016/963 art. 3–12 15 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/1537 by S.I. 2017/57 art. 3–7 9 12 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/1537 by S.I. 2017/584 art. 3 4 6–9 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/1537 by S.I. 2017/664 art. 3–9 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/33 by S.I. 2018/138 art. 6
specified provision(s) amendment to earlier commencing S.I. 2015/33 by S.I. 2019/10 reg. 3(2)
specified provision(s) amendment to earlier commencing S.I. 2015/33 by S.I. 2019/167 art. 5(3)
specified provision(s) amendment to earlier commencing S.I. 2015/33 by S.I. 2019/37 art. 5
specified provision(s) amendment to earlier commencing S.I. 2015/33, art. 6(11) by S.I. 2017/483 art. 3
specified provision(s) amendment to earlier commencing S.I. 2015/634 by S.I. 2018/138 art. 6
specified provision(s) amendment to earlier commencing S.I. 2015/634 by S.I. 2019/10 reg. 3(3)
specified provision(s) amendment to earlier commencing S.I. 2015/634 by S.I. 2019/167 art. 5(4)
specified provision(s) amendment to earlier commencing S.I. 2015/634 by S.I. 2019/37 art. 5
specified provision(s) amendment to earlier commencing S.I. 2015/634, art. 7(2) by S.I. 2017/376 reg. 4
specified provision(s) amendment to earlier commencing S.I. 2016/596 by S.I. 2016/963 art. 17
specified provision(s) amendment to earlier commencing S.I. 2019/37 by S.I. 2019/935 art. 2
specified provision(s) modification of earlier commencing S.I. 2014/1583 by S.I. 2018/532 art. 3 Sch.
specified provision(s) modification of earlier commencing S.I. 2014/2321 by S.I. 2018/532 art. 3 Sch.
specified provision(s) modification of earlier commencing S.I. 2015/101 by S.I. 2018/532 art. 3 Sch.
specified provision(s) modification of earlier commencing S.I. 2015/1537 by S.I. 2018/532 art. 3 Sch.
specified provision(s) modification of earlier commencing S.I. 2015/634 by S.I. 2018/532 art. 5

Part 2Working-age benefits

CHAPTER 4Miscellaneous

Entitlement to work

63Entitlement to work: maternity allowance and statutory payments

(1)

The Social Security Contributions and Benefits Act 1992 is amended as follows.

(2)

In section 35 (state maternity allowance)—

(a)

in subsection (1), at the end there is inserted “and

“(e)

at the commencement of the week referred to in paragraph (a) above she was entitled to engage in the employment referred to in paragraph (b) above.”;

(b)

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

“(za)

for circumstances in which subsection (1)(e) above does not apply;”.

(3)

In section 164 (statutory maternity pay)—

(a)

in subsection (2), after paragraph (a) there is inserted—

“(aa)

that at the end of the week immediately preceding that 14th week she was entitled to be in that employment;”;

(b)

in subsection (9), after paragraph (d) there is inserted—

“(da)

provide for circumstances in which subsection (2)(aa) above does not apply;”.

(4)

In section 171ZA (ordinary statutory paternity pay: birth)—

(a)

in subsection (2), after paragraph (b) there is inserted—

“(ba)

that at the end of the relevant week he was entitled to be in that employment;”;

(b)

after subsection (3) there is inserted—

“(3A)

Regulations may provide for circumstances in which subsection (2)(ba) above does not apply.”

(5)

In section 171ZB (ordinary statutory paternity pay: adoption)—

(a)

in subsection (2), after paragraph (b) there is inserted—

“(ba)

that at the end of the relevant week he was entitled to be in that employment;”;

(b)

after subsection (3) there is inserted—

“(3A)

Regulations may provide for circumstances in which subsection (2)(ba) above does not apply.”

F1(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

In section 171ZL (statutory adoption pay: entitlement)—

(a)

in subsection (2), after paragraph (b) there is inserted—

“(ba)

that at the end of the relevant week he was entitled to be in that employment;”;

(b)

in subsection (3), after “(2)(b)“ there is inserted “, (ba)”;

(c)

in subsection (8), before paragraph (a) there is inserted—

“(za)

exclude the application of subsection (2)(ba) above in prescribed circumstances;”.

(9)

After section 173 there is inserted—

“173AEntitlement to be in employment

(1)

For the purposes of this Act a person is entitled to engage in or to be in any employment if (and only if)—

(a)

the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or

(b)

the person has been granted such leave and—

(i)

the leave is not invalid,

(ii)

the leave has not for any reason ceased to have effect, and

(iii)

the leave is not subject to a condition preventing the person from accepting that employment.”

(10)

In Schedule 11 (statutory sick pay: circumstances in which periods of entitlement do not arise)—

(a)

in paragraph 2, at the end there is inserted—

“(i)

the employee is not entitled to be in his employment on the relevant date.”;

(b)

at the end there is inserted—

“9

Paragraph 2(i) above does not apply in prescribed circumstances.”