530.Subsection (1) provides that overpayments are recoverable through the county court system for persons residing in England and Wales. 684.Subsection (2) inserts the words (specifically or by description) into section 72(2)(b) of the Welfare Reform and Pensions Act 1999 so that it now expressly provides for a Minister of the Crown by order to designate by description as well as retaining the ability to specify individual organisations. 447.Regulations under this section may amend, repeal or revoke any relevant primary or secondary legislation already existing or amend or repeal any provision of an Act passed in the same Parliamentary session, and will be subject to the negative resolution procedure in Parliament. for Welfare reform, View 276.Subsection (4) of the section amends Schedule 4 to WRA 2007 so as to allow regulations to modify the application of new section 1A when applied to ESA awards made to people previously entitled to an existing award of incapacity benefit or severe disablement allowance under transitional provisions in the WRA 2007. Consent to legislate was given by the National Assembly for Wales in relation to provisions in section 131 allowing the sharing of information between local authorities in Wales (amongst other bodies) relating to welfare services. This allows for a minimum financial penalty in all cases of false claims for benefit including where they are detected before any payment is made and therefore do not result in an overpayment of benefit. 689.Subsection (2) specifies that the service referred to in subsection (1) is a service whereby individuals can pass birth information (which includes the fact that a birth declaration has been made or a birth has been registered and other information about that birth) to the Secretary of State, and the Secretary of State can pass that information on to other persons. This evidence summary explores the impact of welfare reform - in a climate of austerity and cuts - on key client groups and its consequent effect on the social services workforce in Scotland. 628.Section 121 amends the SSFA 2001 and the TCA 2002 to remove all references in these Acts to the consequences of accepting a caution, as DWP will no longer offer cautions to benefit fraud offenders. 725.New Schedule 1 includes provisions on the structure and membership of the Commission, including terms of office, staff and facilities. The new assessment will assess the ability of an individual to perform specified activities and will take into account the impact of physical, sensory, mental, intellectual and cognitive impairments on the individual in undertaking the specified activities. Section 8 of the Child Support Act 1991 makes an exception to the limitations on courts making maintenance orders in relation to a child who receives disability living allowance. Paragraph 26 makes an insertion to include personal independence payment under the definition of the relevant enactments and the relevant Northern Ireland enactments. 415.Section 5 of SSAA 1992 provides that specified benefits are subject to regulations in relation to claims, payments and the provision of information. An introduction to the Act and summary of the main issues on which the Local Government Association (LGA) lobbied. 21.Part 7 contains sections relating to the extent of the Act, commencement of provisions of the Act, and the short title. 104.The amount by which an award of universal credit may be reduced, and the duration of any reduction will be set out in regulations under subsection (4). 136.Section 31 gives effect to Schedule 2. This provides that a joint award may be converted into one or two single awards, or a joint award with someone else, when a couple separate, without a new claim having to be made. Provisions on good reason are contained in paragraph 8 of Schedule 1. 723.Subsection (5) allows a Minister of the Crown to delay the publication of any annual report by up to 9 months, at the request of the Commission. 18.In January 2011 the Government published a consultation document Strengthening families, promoting parental responsibility: the future of child maintenance (Cm 7990). 148.The amendments in paragraphs 43 to 51 apply provisions in SSA 1998 relating to the making, supersession and revision of benefit decisions to universal credit. 122.Paragraph 4 provides for regulations to set out how the income and capital of a claimant or joint claimants is to be calculated for the purposes of universal credit. 118.Paragraph 1 enables regulations to provide for circumstances in which a couple may be entitled to universal credit without both members of the couple meeting the basic entitlement conditions. 559.Section 9 of the Limitation Act 1980 (the 1980 Act) imposes a time limit of six years on any action to recover a sum recoverable by virtue of an enactment (in England and Wales). Although the UK is a signatory to international covenants on economic rights including the UN Convention on the Right of Persons with Disabilities the government has ignored these rights and instead . 567.Section 110(b) amends existing section 109B(2)(j) to include new subsection (2)(ia). No ESA claimant will be required to look for or be available for work so the new sections do not include a work search or work availability requirement. 292.Subsection (7) amends WRA 2009 so that the wellbeing of any child affected must be considered when a claimant commitment is prepared. 643.New section 35(10)(a) provides that the existing provision in section 116(1) of SSAA 1992 applies to proceedings where the tax credit offence is tried before the magistrates. 464.Sub-paragraph (2)(d) enables regulations to make provision for the amount of an award of personal independence payment made by virtue of paragraph 4. The aim of universal credit is to smooth the transition into work by reducing the support a person receives at a consistent rate as their earnings increase. Had it been, it would have extended the range of situations in which a payment on account could be made beyond existing section 5(1)(r) of the SSAA 1992. 431.Section 182B of SSAA 1992 provides that the Secretary of State or the Northern Ireland Department may require the Post Office to provide details relating to the redirection of post to either the Secretary of State or the Department for use in the prevention, detection, investigation or prosecution of offences relating to social security, or for use in checking the accuracy of information relating to benefits, contributions or any other matter relating to social security and amending or supplementing such information. 685.Subsection (3) amends section 72(6) and repeals section 72(6A) of the Welfare Reform and Pensions Act 1999, to remove the restrictions relating to circumstances in which information may be used and supplied by county councils in England. Any functions contracted out in this way will be subject to the same restrictions that apply to the Secretary of State. 271.Subsection (4) of new section 1A provides that where a person is entitled to a contributory allowance by virtue of the third condition set out in Part 1 of Schedule 1 (ESA on the grounds of youth) the period of entitlement to contributory ESA shall not exceed 365 days. Provisions of the Act - Welfare reform and social housing rent The Act sets out several provisions related to welfare reform and social housing rent reductions. The temporary de minimis period is the period during which the relevant threshold for the purposes of calculating surplus earnings under Regulation 54A of the Universal Credit Regulations 2013(b) is 2,500 rather than 300. In general these new sections mirror the provisions for universal credit claimants who are assessed as having limited capability for work or limited capability for work-related activity. The first regulations made under subsections (2) (amount of standard allowance) and (3) (exceptions) will be subject to the affirmative resolution procedure. 393.This provision is intended to prevent a person who comes to the United Kingdom from another Member State of the European Economic Area or Switzerland, and for whom another Member State is the competent State for payment of sickness benefits (because the person is insured for sickness benefits there), being entitled to the daily living component of personal independence payment (irrespective of whether they meet the domestic entitlement conditions under the Act). Subsection (1) provides that, as with housing benefit, a claimant must be liable to make payments in respect of the accommodation they occupy as their home. Entitlement to either of the components (and the applicable rate) will be determined with reference to a new objective assessment, the details of which will be set out in secondary legislation. 745.Part 3 of new Schedule 1 contains consequential amendments to other legislation. This report is the seventh in a series of Scottish Government reports which examine the effects of UK Government social security reforms introduced since the Welfare Reform Act of 2012. Minister for Welfare Delivery: David Rutley MP Subsection (5) prohibits that information from being supplied to anyone else unless it could either be supplied under subsection (1) or (2) of that section, or where it is supplied for the purpose of civil or criminal proceedings relating to a range of legislation including SSCBA 1992 which includes provisions relating to disability living allowance. Regulations may also make provision for how work-related requirements and sanctions will apply where a person is entitled to either JSA or ESA and universal credit. 35.Subsection (3) provides a regulation-making power to set out cases in which a different lower age limit will apply. This section makes it clear that these powers include, in the case of regulations to which this section applies, provision of a kind set out in sections 8(4), (5) and 9(5) of the Electronic Communications Act 2000. 388.Subsection (4) defines a person as being terminally ill for the purposes of this section if the person can reasonably be expected to die from a progressive disease within the next 6 months. Personal independence payment is to be a non-contributory benefit, and is neither taxable nor means-tested. 262.Section 37 of JA 1995 is amended to provide that the first regulations made under new sections 6J or 6K are subject to the affirmative resolution procedure. 476.Section 97 makes supplementary provision relating to the cap on welfare benefits. This power does not extend to functions relating to sanctions. all Briefings & Responses for Welfare reform. The Scottish Government published their final report on the impacts of Welfare Reform on the people of Scotland . It also provides a power to make different provision for different purposes, cases and areas. Payment of any mobility component will continue as normal. This requirement will apply after the introduction of the universal credit, once JSA is a contributions-based benefit. 132.Vouchers under this paragraph may include not only physical documents but also any electronic code, authorisation or other non-cash means by which a claimant may meet claimant costs of a particular description. Section 73 of SSAA 1992 provides that benefit payment can be adjusted where another benefit is payable to a person or where a person is in hospital. 452.Paragraph 2 contains provisions relating to claims made before the personal independence payment provisions come into effect. 367.Subsection (4) provides for the activities relating to the daily living component daily living activities to be prescribed in regulations. 23, Welfare Reform Act 2012 Commencement Order No. The Determination also covers the closure of Universal Credit Live Service for new claimants from 1 January 2018. It is envisaged that the regulations would, for example, insert references to the former appeals bodies in provisions relating to the cases or circumstances in which supersession decisions can be made. The amendments made by section 69 generalise section 130A to reflect the Secretary of States intention to exercise the powers in that section to provide for AMHB to be determined by methods other than by reference to rent officer determinations. 580.Section 113 amends section 115A of SSAA 1992 (penalty as alternative to prosecution). This set out a range of options for reform of the welfare system. An Order under this section may also make provision in connection with such a transfer or direction, and other provision including provision relating to the use or supply of information, combining any aspect of the payment and management of tax credits with any aspect of the administration of social security and applying social security legislation in relation to tax credits. This helps safeguard against inappropriate disclosure of information that DWP staff receive during the course of their employment. This means that, at present, the Secretary of States powers to investigate do not extend to investigating whether tax credit fraud is or has been committed. Ensuring security. ongoing payments of prescribed benefits paid to the third party on other benefit claimants behalf (for example, if a landlord has other tenants who are in receipt of universal credit or housing credit). Universal Credit transitional provisions regulations 2014 provides for continued Universal Credit expansion from June 2014. Similarly, regulations may prescribe matters to be taken into account by the Secretary of State and who a determination or direction made under section 10 must be notified to. For example, as with higher-level sanctions, the second and third failures after a first may result in a longer-lasting reduction if they occur within a particular period after the previous one. Your surplus earnings will be carried forward to the following month, where they will count towards your earnings. Under sub-paragraph (2) this may include paying no amount of ESA or JSA. 368.Subsection (5) refers to sections 80 and 81 which set out how a persons ability to carry out daily living activities is to be assessed and how the required period condition operates. SSFA 2001 makes provision in relation to obtaining and disclosing information, restricting payment of social security benefits in the case of persons convicted of offences relating to such benefits and for related purposes. Disability living allowance is such a benefit; paragraph 11 adds personal independence payment but excludes it from the provisions applying to hospitals as powers have already been taken at section 86 to adjust benefit in these circumstances. 492.Section 101 substitutes section 5(1)(r) of the SSAA 1992, which makes provision for payments on account of benefit. These postcodes are: W8, W10 5, W10 6, W10 9 and W11 as listed in Part 29 of the Schedule to Commencement Order No. Subsection (2) inserts this requirement into the conditions of entitlement for JSA set out in section 1(2) of JA 1995. . 450.Schedule 10 makes more detailed provision as to how the general regulation-making power in section 90 may be exercised. Local authorities will therefore be able to inform the Secretary of State or their own teams dealing with a relevant benefit such as housing benefit and council tax benefit teams when a person has been, or is likely to be, admitted to or discharged from residential care or hospital. The document set out the Governments view that parents should be encouraged and supported to make their own family-based arrangements for the maintenance of their children wherever possible, rather than using the statutory maintenance scheme. 267.Subsection (2) of the section has the effect that where ESA had been paid to a person before the amendment to section 1 of WRA 2007 came into force, and they were a member of a joint-claim couple by virtue of regulations made under paragraph 8A of Schedule 1 of the JSA 1995, the change should be treated as having already been in force. 90.Regulations under section 25 may set out the circumstances in which a person will be treated as having met or not met the requirements placed upon them. This includes vacancies which involve performing activities to sexually stimulate others, but would not cover, for example, jobs involved in the retail or manufacture of sexual products. Prescribed thresholds will determine entitlement to each component and rate. 253.Schedule 7 makes consequential amendments relating to the interim changes made to JSA. Under SSAA 1992, the Secretary of State has an obligation to review the amount paid in benefits, which allows for benefit uprating. 535.Section 71ZG(2) provides that the payment on account is recoverable from the person to whom it was paid, or another prescribed person. Sub-paragraph (1)(c) allows for a claim for an existing benefit to be treated as a claim for universal credit. 634.Section 122B(3) places certain limitations on the onward disclosure by DWP of information received under section 122B(2). A regulation-making power is needed to correct the same errors in subordinate legislation concerning supersession decisions. Paragraph 35 applies these provisions to personal independence payment. The power could, for example, be used to amend legislation under which a benefit or advantage of some kind is provided by another body, and which requires a person to be entitled to a benefit that is abolished by this Act (often called passported benefits), so as to substitute a requirement that a person is entitled to an award of universal credit on a particular basis. The Commissioner and the IRS will no longer have this role when section 138(1)(b) is repealed and s, Section 138 of the SSCBA 1992 makes provision for social fund payments. It may include additional related data such as the full name of the mother of the child, and her usual address. 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