Welfare Reform Act 2012 c.5

Welfare Reform Act 2012

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Welfare Reform Act 2012
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UK Public General Acts
2012 c. 5
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Original: King's Printer Version
Revised Version 31/3/2019
Revised Version 30/11/2018
Revised Version 28/2/2018
Revised Version 31/8/2017
Revised Version 31/3/2017
Revised Version 31/5/2016
Revised Version 31/8/2015
Revised Version 28/2/2015
Revised Version 30/11/2014
Correction Slip - 01/07/2013
Correction Slip - 07/06/2013
View more
Status:
This is the original version (as it was originally enacted).
Introductory Text
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
Industrial injuries benefit
64.
Injuries arising before 5 July 1948
65.
Persons under 18
66.
Trainees
67.
Restriction on new claims for industrial death benefit
68.
Determinations
Housing benefit
69.
Housing benefit: determination of appropriate maximum
Social fund
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
State pension credit
74.
State pension credit: carers
75.
State pension credit: capital limit
Working tax credit
76.
Calculation of working tax credit
Part 4 Personal independence payment
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
Entitlement and payability: 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
Supplementary
88.
Claims, awards and information
89.
Report to Parliament
General
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
Benefit cap
96.
Benefit cap
97.
Benefit cap: supplementary
Claims and awards
98.
Claims and awards
99.
Powers to require information relating to claims and awards
Payments
100.
Payments to joint claimants
101.
Payments on account
Appeals
102.
Power to require consideration of revision before appeal
103.
Supersession of decisions of former appellate bodies
Electronic communications
104.
Electronic communications
Recovery of benefits
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
Recovery of fines from benefit
109.
Recovery of fines etc by deductions from employment and support allowance
Investigation and prosecution of offences
110.
Powers to require information relating to investigations
111.
Time limits for legal proceedings
112.
Prosecution powers of local authorities
Penalties as alternative to prosecution
113.
Penalty in respect of benefit fraud not resulting in overpayment
114.
Amount of penalty
115.
Period for withdrawal of agreement to pay penalty
Civil penalties
116.
Civil penalties for incorrect statements and failures to disclose information
Loss of benefit
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
Administration of tax credits
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
Information-sharing: Secretary of State and HMRC
127.
Information-sharing between Secretary of State and HMRC
Information-sharing: Secretary of State and DPP
128.
Information-sharing between Secretary of State and DPP
129.
Unlawful disclosure of information supplied under section 128
Information-sharing involving local authorities etc
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
Information-sharing: miscellaneous
134.
Information-sharing for social security or employment purposes etc
Part 6 Miscellaneous
Tell Us Once
135.
Functions of registration service
Child support maintenance
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
Reports on decision-making
143.
Standards of decision-making
Employment and training
144.
Use of jobcentres by sex industry
Child poverty
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
1.
Entitlement of joint claimants
2.
Linking periods
3.
Couples
4.
Calculation of capital and income
5.
Responsibility for children etc
6.
Vouchers
7.
Work-related requirements
8.
Good reason
SCHEDULE 2
Universal credit: amendments
1.
Children Act 1989 (c. 41)
2.
Child Support Act 1991 (c. 48)
3.
Social Security Administration Act 1992 (c. 5)
4.
In section 1 (entitlement to benefit dependent on claim), in...
5.
In section 5 (regulations about claims and payments)—
6.
(1) Section 15A (payment out of benefit of sums in...
7.
In section 74 (income support and other payments), in subsection...
8.
In section 74A (payments of benefit where maintenance payments collected...
9.
In section 78 (recovery of social fund awards), in subsection...
10.
In section 105 (failure to maintain - general), in subsection...
11.
In section 106 (recovery of expenditure on benefit from person...
12.
In section 108 (reduction of expenditure on income support etc),...
13.
In section 109 (diversion of arrested earnings - Scotland), in...
14.
In section 121DA (interpretation of Part 6), in subsection (1),...
15.
In section 122B (supply of other government information for fraud...
16.
(1) Section 122F (supply by rent officers of information relating...
17.
In section 124 (age, death and marriage), in subsection (1)—...
18.
In section 125 (regulations as to notification of death), in...
19.
In section 126 (information from personal representatives), in subsection (1),...
20.
In section 130 (duties of employers), in subsection (1), before...
21.
In section 132 (duties of employers - statutory maternity pay...
22.
In section 150 (uprating)— (a) in subsection (1) at the...
23.
After section 159C there is inserted— Effect of alterations affecting...
24.
After section 160B there is inserted— Implementation of increases in...
25.
(1) Section 165 (adjustments between National Insurance Fund and Consolidated...
26.
(1) In section 170 (Social Security Advisory Committee), subsection (5)...
27.
(1) Section 179 (reciprocal agreements) is amended as follows.
28.
In section 180 (payment of travelling expenses), in paragraphs (a)...
29.
In section 182B (information about postal redirection), in subsection (5)(b),...
30.
In section 187 (inalienability), in subsection (1), before paragraph (a)...
31.
In section 191 (interpretation), in the definition of “benefit”, after...
32.
Local Government Finance Act 1992 (c. 14)
33.
(1) Schedule 4 is amended as follows.
34.
In Schedule 8, in paragraph 6— (a) in sub-paragraph (1),...
35.
Jobseekers Act 1995 (c. 18)
36.
Housing Act 1996 (c. 52)
37.
Education Act 1996 (c. 56)
38.
In section 457 (charges and remissions policies) in subsection (4)(b),...
39.
In section 512ZB (provision of free school lunches and milk:...
40.
Social Security (Recovery of Benefits) Act 1997 (c. 27)
41.
In section 29 (general interpretation), in the definition of “benefit”,...
42.
In the table in Schedule 2 (calculation of compensation payment),...
43.
Social Security Act 1998 (c. 14)
44.
In section 2 (use of computers), in subsection (2)—
45.
In section 8 (decisions by Secretary of State)—
46.
In section 11 (regulations with respect to decisions), in subsection...
47.
In section 27 (restriction on entitlement in cases of error),...
48.
In section 28(3) (correction of errors in decisions etc)—
49.
In section 39 (interpretation), in subsection (1), before the definition...
50.
(1) Schedule 2 (decisions against which no appeal lies) is...
51.
In Schedule 3 (decisions against which an appeal lies), after...
52.
Immigration and Asylum Act 1999 (c. 33)
53.
In section 97 (provision of support: supplemental), in subsection (5)—...
54.
In section 115(1) (exclusion from benefits of persons subject to...
55.
Child Support, Pensions and Social Security Act 2000 (c. 19)
56.
Social Security Fraud Act 2001 (c. 11)
57.
In section 6A (definitions), in subsection (1), in the definition...
58.
(1) Section 6B (loss of benefit in case of conviction,...
59.
(1) Section 7 (loss of benefit for second or subsequent...
60.
(1) Section 8 (effect of offence on joint-claim jobseeker’s allowance)...
61.
(1) Section 9 (effect of offence on benefits for members...
62.
In section 10(3) (power to supplement and mitigate loss of...
63.
(1) In section 11 (loss of benefit regulations), subsection (3)...
64.
State Pension Credit Act 2002 (c. 16)
65.
Welfare Reform Act 2007 (c. 5)
SCHEDULE 3
Abolition of benefits: consequential amendments
1.
Social Security Contributions and Benefits Act 1992 (c. 4)
2.
In section 22 (earnings factors), in subsections (2)(a) and (5),...
3.
In section 150 (interpretation of Part 10), in subsection (2),...
4.
Social Security Administration Act 1992 (c. 5)
5.
In section 7 (relationship between benefits), in subsection (3), for...
6.
In section 73 (overlapping benefits), in subsections (1) and (4)(c),...
7.
In section 159B (effect of alterations affecting state pension credit),...
8.
In section 159D (as inserted by Schedule 2 to this...
9.
Immigration and Asylum Act 1999 (c. 33)
10.
Child Support, Pensions and Social Security Act 2000 (c. 19)
11.
(1) Section 69 (discretionary financial assistance with housing) is amended...
12.
(1) Section 70 (grants towards cost of discretionary housing payments)...
13.
After section 70 there is inserted— Payment of grant (1) A grant under section 70 shall be made by...
14.
Capital Allowances Act 2001 (c. 2)
15.
Social Security Fraud Act 2001 (c. 11)
16.
In section 6B (loss of benefit for conviction etc), in...
17.
In section 7 (loss of benefit for repeated conviction etc),...
18.
In section 11 (regulations), in subsection (3)(c), for the words...
19.
Commissioners for Revenue and Customs Act 2005 (c. 11)
20.
In section 5 (initial functions), in subsection (1), after paragraph...
21.
In section 44 (payment into Consolidated Fund), in subsection (3),...
22.
Welfare Reform Act 2007 (c. 5)
23.
In section 1 (employment and support allowance), in subsection (3)(d),...
24.
In section 2 (amount of contributory allowance), in subsection (1),...
25.
(1) Section 27 (financial provisions) is amended as follows.
26.
In each of the following provisions, for “a contributory allowance”...
27.
Corporation Tax Act 2009 (c. 4)
28.
In section 1059 (relief relating to SME R&D: total amount...
29.
In section 1108 (relief relating to vaccine research etc: total...
SCHEDULE 4
Housing credit element of state pension credit
Part 1 Amendments to State Pension Credit Act 2002
1.
State Pension Credit Act 2002 (c. 16)
2.
In section 1 (entitlement), in subsection (2)(c), at the end...
3.
In that section, in subsection (3)— (a) after paragraph (b)...
4.
After section 3 there is inserted— Housing credit (1) The first of the conditions mentioned in section 1(2)(c)(iii)...
5.
In section 7 (fixing of retirement provision for assessed income...
6.
In section 12 (polygamous marriages), in subsection (2)(b), after “savings...
7.
In section 17 (interpretation), in subsection (1), after the definition...
Part 2 Amendments to other Acts
9.
Social Security Administration Act 1992 (c. 5)
10.
In section 5 (regulations about claims and payments) in subsection...
11.
In section 15A (mortgage interest)— (a) in subsection (1A)—
12.
(1) Section 122F (supply by rent officers of information) is...
13.
Housing Act 1996 (c. 52)
14.
Child Support, Pensions and Social Security Act 2000 (c. 19)
SCHEDULE 5
Universal credit and other working-age benefits
1.
General
2.
Dual entitlement
3.
Movement between working-age benefits
4.
Hardship payments
5.
Earnings tapers
6.
(1) Section 2 of the Welfare Reform Act 2007 (amount...
SCHEDULE 6
Migration to universal credit
1.
General
2.
Claims before the appointed day
3.
Claims after the appointed day
4.
Awards
5.
Work-related requirements and sanctions
6.
Tax credits
7.
Supplementary
SCHEDULE 7
Jobseeker’s allowance in interim period: consequential amendments
1.
Jobseekers Act 1995 (c. 18)
2.
(1) Section 8 (attendance etc) is amended as follows.
3.
In section 16(3)(b) and 17(4) (in both places) for “good...
4.
In section 17A (employment schemes), in subsection (5)(c) for “jobseeker’s...
5.
Section 20 (exemptions from section 19) is amended as follows—...
6.
Sections 20C and 20D (uncommenced provision relating to sanctions for...
7.
In section 22 (members of the forces), in subsection (2),...
8.
In section 35 (interpretation), in subsection (1), before the definition...
9.
In section 36 (regulations and orders), after subsection (1) there...
10.
(1) Schedule 1 (supplementary) is amended as follows.
11.
Social Security Act 1998 (c. 14)
12.
Social Security Fraud Act 2001 (c. 11)
13.
Welfare Reform Act 2009 (c. 24)
14.
In section 29(1) (victims of domestic violence), in sub-paragraph (3)...
15.
(1) Section 31 (well-being of children) is amended as follows....
16.
(1) Section 32 (contracting out) is amended as follows.
SCHEDULE 8
Social fund discretionary payments: consequential amendments
1.
The Social Security Administration Act 1992 is amended as follows....
2.
In section 78(4) (recovery of funeral payments out of social...
3.
In section 79 (recovery of Northern Ireland payments), in paragraph...
4.
In Part 1 of Schedule 4 (persons employed in social...
SCHEDULE 9
Personal independence payment: amendments
1.
Transport Act 1982 (c. 49)
2.
Child Support Act 1991 (c. 48)
3.
Social Security Contributions and Benefits Act 1992 (c. 4)
4.
In section 30B (incapacity benefit: rate), in subsection (4), after...
5.
(1) Section 64 (entitlement to attendance allowance) is amended as...
6.
In section 150 (Christmas bonus for pensioners: interpretation), in subsection...
7.
Social Security Administration Act 1992 (c. 5)
8.
(1) Section 1 (entitlement to benefit dependent on claim) is...
9.
In section 5(2) (regulations about claims for and payments of...
10.
In section 71(11) (overpayments), after paragraph (ac) there is inserted—...
11.
In section 73 (overlapping benefits - general), after subsection (5)...
12.
In section 121DA (interpretation of Part 6), in subsection (1),...
13.
In section 122B (supply of other government information for fraud...
14.
In section 122C (supply of information to authorities administering benefit),...
15.
In section 124 (age, death and marriage), in subsection (1),...
16.
In section 125 (regulations as to notification of deaths), in...
17.
In section 150 (uprating)— (a) in subsection (1), after paragraph...
18.
In section 159 (effect of alteration in the component rates...
19.
In section 159A (effect of alteration of rates of a...
20.
In section 159B (effect of alterations affecting state pension credit),...
21.
In section 159C (effect of alteration of rates of an...
22.
In section 160 (implementation of increases in income support due...
23.
In section 160A (implementation of increases in income-based jobseeker’s allowance...
24.
In section 160B (implementation of increases in employment and support...
25.
In section 165 (adjustments between National Insurance Fund and Consolidated...
26.
In section 170 (Social Security Advisory Committee), in subsection (5)—...
27.
(1) Section 179 (reciprocal agreements) is amended as follows.
28.
In section 180 (payment of travelling expenses), in paragraphs (a)...
29.
In section 182B (information about postal redirection), in subsection (5)(b),...
30.
In section 184 (control of pneumoconiosis), in paragraph (c), for...
31.
In section 187 (inalienability), in subsection (1), after paragraph (ac)...
32.
In section 191 (interpretation), in the definition of “benefit”, for...
33.
In Schedule 7 (regulations not requiring prior submission to Social...
34.
Social Security (Recovery of Benefits) Act 1997 (c. 27)
35.
In section 29 (general interpretation), in the definition of “benefit”,...
36.
In Schedule 2 (calculation of compensation payment), in the table—...
37.
Social Security Act 1998 (c. 14)
38.
In section 2(2) (use of computers), after paragraph (k) (inserted...
39.
In section 8 (decisions by Secretary of State)—
40.
In section 11(3) (regulations with respect to decisions), in the...
41.
In section 27(7) (restriction on entitlement in cases of error),...
42.
In section 28(3) (correction of errors in decisions etc), after...
43.
In Schedule 3 (decisions against which an appeal lies), in...
44.
Immigration and Asylum Act 1999 (c. 33)
45.
Social Security Fraud Act 2001 (c. 11)
46.
In section 6A(1) (definitions)— (a) in the definition of “disqualifying...
47.
In section 10 (power to supplement and mitigate loss of...
48.
Income Tax (Earnings and Pensions) Act 2003 (c. 1)
49.
In section 677 (UK social security benefits wholly exempt from...
50.
In Part 1 of Schedule 1 (abbreviations of Acts), at...
SCHEDULE 10
Personal independence payment: transitional
1.
General
2.
Claims before the appointed day
3.
Claims after the appointed day
4.
Awards
5.
Supplementary
SCHEDULE 11
Power to require consideration of revision before appeal
1.
Vaccine Damage Payments Act 1979 (c. 17)
2.
(1) Section 4 (appeals to appeal tribunals) is amended as...
3.
(1) Section 8 (regulations) is amended as follows.
4.
Child Support Act 1991 (c. 48)
5.
(1) Section 20 (appeals to First-tier Tribunal), as substituted by...
6.
(1) Section 20 (appeals to First-tier Tribunal), as it has...
7.
In section 51A (pilot schemes) at the end there is...
8.
In section 52 (regulations and orders), in subsection (2)(a), after...
9.
Social Security (Recovery of Benefits) Act 1997 (c. 27)
10.
(1) Section 11 (appeals against certificates) is amended as follows....
11.
(1) Section 30 of that Act (regulations and orders) is...
12.
Child Support, Pensions and Social Security Act 2000 (c. 19)
13.
(1) Paragraph 6 (housing benefit and council tax benefit: appeal...
14.
In paragraph 20(4) (regulations subject to affirmative procedure) for “or...
15.
Child Maintenance and Other Payments Act 2008 (c. 6)
16.
In section 49(2) (regulations regarding reconsideration) after “and” there is...
17.
(1) Section 50 (appeals to First-tier Tribunal) is amended as...
18.
(1) Section 53 (regulations under Part 4) is amended as...
SCHEDULE 12
Supersession of decisions of former appellate bodies
1.
Child Support Act 1991 (c. 48)
2.
(1) Section 17 (decisions superseding earlier decisions) is amended as...
3.
(1) In Schedule 4C (departure directions), paragraph 2 is amended...
4.
Social Security Act 1998 (c. 14)
5.
Child Support, Pensions and Social Security Act 2000 (c. 19)
SCHEDULE 13
Social Mobility and Child Poverty Commission
Part 1 Establishment of Social Mobility and Child Poverty Commission
1.
The Child Poverty Act 2010 is amended as follows.
2.
For section 8 (and the preceding italic heading) there is...
3.
For Schedule 1 (Child Poverty Commission) there is substituted— SCHEDULE...
Part 2 Supplementary amendments to Child Poverty Act 2010
4.
The Child Poverty Act 2010 is amended as follows.
5.
In section 6 (persistent poverty target), subsection (6)(b) and the...
6.
In section 10 (provision of advice and consultation)—
7.
In section 13 (advice and consultation: Scotland and Northern Ireland)—...
8.
(1) In the italic heading preceding section 14, for “Reports”...
9.
(1) Section 15 (statement in relation to target year) is...
10.
In section 16 (economic and fiscal circumstances), in subsection (1)(b),...
11.
(1) Section 18 (interpretation) is amended as follows.
12.
In section 28 (regulations and orders), in subsection (5)(b), after...
13.
(1) Schedule 2 (continuing effect of targets) is amended as...
Part 3 Supplementary amendments to other Acts
14.
In Schedule 1 to the Public Records Act 1958 (definition...
15.
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...
16.
(1) In Part 2 of Schedule 1 to the House...
17.
In Part 6 of Schedule 1 to the Freedom of...
SCHEDULE 14
Repeals
Part 1 Abolition of benefits superseded by universal credit
Part 2 Entitlement to jobseeker’s allowance without seeking employment
Part 3 Jobseeker’s allowance: responsibilities for interim period
Part 4 Jobseeker’s allowance: responsibilities after introduction of universal credit
Part 5 Employment and support allowance: responsibilities after introduction of universal credit
Part 6 Claimants dependent on drugs etc
Part 7 Industrial injuries arising before 5 July 1948
Part 8 Social fund: ending of discretionary payments
Part 9 Disability living allowance
Part 10 Powers to require information relating to claims and awards
Part 11 Recovery of benefit payments
Part 12 Loss of benefit: cautions
Part 13 Information-sharing between Secretary of State and HMRC
Part 14 Standards of decision-making
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