Office of Public Sector Information
SCHEDULE 3 continued
13 In Schedule 4 to the Pensions Act 1995 (equalisation of pensionable ages for men and women), in paragraph 1 (enactments for the purposes of which the rules for determining pensionable age apply) for “and the State Pension Credit Act 2002” substitute “, the State Pension Credit Act 2002 and Part 1 of the Welfare Reform Act 2007”.
14 In section 22 of the Children (Scotland) Act 1995 (promotion of welfare of children in need), in subsection (4) (under which persons in receipt of certain benefits cannot be required to repay financial assistance), at the end insert “; or
(c) an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance).”
15 (1) The Employment Tribunals Act 1996 is amended as follows.
(2) In section 16 (power to provide for recoupment of benefits)—
(a) in subsections (3)(a) and (c) and (5)(cc) and (e), for “or income support” substitute “, income support or income-related employment and support allowance”;
(b) in subsection (3)(b), for “either benefit” substitute “jobseeker’s allowance, income support or income-related employment and support allowance”;
(c) in subsection (4), for paragraph (b) substitute—
“(b) so as to apply to all or any of the benefits mentioned in subsection (3).”
(3) In section 17 (recoupment: further provisions), in subsection (1), for “or income support”, in both places, substitute “, income support or income-related employment and support allowance”.
(4) In that section, at the end insert—
“(5) In this section and section 16 “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance).”
16 (1) The Education Act 1996 is amended as follows.
(2) In section 457 (charges and remissions policies), in subsection (4)(b) (cases where receipt of benefit by pupil’s parent to give rise to remission), after sub-paragraph (ii) insert—
“(iia) in receipt of an income-related employment and support allowance,”.
(3) In section 512ZB (provision of free school lunches and milk), in subsection (4) (eligibility for free lunches), in paragraphs (a) and (b), after sub-paragraph (ii) insert—
“(iia) in receipt of an income-related employment and support allowance,”.
(4) In section 579 (interpretation), in subsection (1), after the definition of “higher education” insert—
““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);”.
17 (1) The Social Security Act 1998 is amended as follows.
(2) In section 2 (use of computers), in subsection (2) (meaning of “relevant enactment”), after paragraph (i) insert “; or
“(j) Part 1 of the Welfare Reform Act 2007.”
(3) In section 8 (which provides for any decision on a claim for a relevant benefit, or under or by virtue of a relevant enactment, to be made by the Secretary of State)—
(a) in subsection (3) (definition of “relevant benefit”), after paragraph (b) insert—
“(ba) an employment and support allowance;”;
(b) in subsection (4) (definition of “relevant enactment”), for “or the State Pension Credit Act 2002” substitute “, the State Pension Credit Act 2002 or Part 1 of the Welfare Reform Act 2007”.
(4) In section 11 (regulations with respect to decisions), in subsection (3), in the definition of “the current legislation”, for “and the State Pension Credit Act 2002” substitute “, the State Pension Credit Act 2002 and Part 1 of the Welfare Reform Act 2007”.
(5) In section 27 (restrictions on entitlement to benefit in certain cases of error), in subsection (7), in the definition of “benefit”—
(a) after paragraph (dd) insert—
“(de) an employment and support allowance;”;
(b) in paragraph (e), for “to (dd)” substitute “to (de)”.
(6) In section 28 (correction of errors and setting aside of decisions), in subsection (3) (definition of “relevant enactment”), at the end insert “; or
(g) Part 1 of the Welfare Reform Act 2007.”
(7) In section 31 (incapacity for work), after subsection (1) insert—
“(1A) Regulations may provide that a determination that a person is disqualified for any period in accordance with regulations under section 18(1) to (3) of the Welfare Reform Act 2007 shall have effect for such purposes as may be prescribed as a determination that he is to be treated as not having limited capability for work for that period, and vice versa.”
(8) In Schedule 2 (decisions against which no appeal lies), in paragraph 6(b) (alteration of rates of benefit), at the end insert “, or
(iv) section 159C(1)(b) of that Act (employment and support allowance).”
(9) In Schedule 3 (decisions against which an appeal lies), in paragraph 3 (payability of benefit), at the end insert “; or
(g) section 18 of the Welfare Reform Act 2007.”
18 In section 72 of the Welfare Reform and Pensions Act 1999 (power to make regulations about the use and supply of social security information), in subsection (3) (provisions in connection with which the power is exercisable), at the end insert “, or
(d) Part 1 of the Welfare Reform Act 2007.”
19 In section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits), in subsection (1) (benefits to which entitlement excluded), after “State Pension Credit Act 2002” insert “or to income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance)”.
20 (1) The Child Support, Pensions and Social Security Act 2000 is amended as follows.
(2) In section 62 (loss of benefit for breach of community order), after subsection (4) insert—
“(4A) The Secretary of State may by regulations provide that, where the relevant benefit is an employment and support allowance, any income-related allowance (within the meaning of Part 1 of the Welfare Reform Act 2007) shall be payable, during the whole or part of the prescribed period, as if one or more of the following applied—
(a) the rate of the allowance were such reduced rate as may be prescribed;
(b) the allowance were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;
(c) the allowance were payable only if the circumstances are otherwise such as may be prescribed.”
(3) In that section, in subsection (8), in the definition of “relevant benefit”, after paragraph (b) insert—
“(ba) an employment and support allowance;”.
(4) In section 65 (loss of benefit regulations), in subsection (4) (regulations subject to affirmative resolution procedure), in paragraph (c), after “section 62(4)” insert “or (4A)”.
21 In section 94 of the Local Government Act 2000 (disclosure of information), in subsection (1) (benefit information which may be disclosed), for “or state pension credit” substitute “, state pension credit or an income-related employment and support allowance”.
22 (1) The Adults with Incapacity (Scotland) Act 2000 is amended as follows.
(2) In section 39(1)(a) (which excepts from matters which may be managed those relating to benefit under the Contributions and Benefits Act), at the end insert “or Part 1 of the Welfare Reform Act 2007”.
(3) In section 41(a) (duties of managers in relation to matters which may be managed), at the end insert “or Part 1 of the Welfare Reform Act 2007”.
23 (1) The Social Security Fraud Act 2001 is amended as follows.
(2) In section 7 (loss of benefit for commission of benefit offences), after subsection (4A) insert—
“(4B) The Secretary of State may by regulations provide that, where the sanctionable benefit is employment and support allowance, any income-related allowance shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—
(a) the rate of the allowance were such reduced rate as may be prescribed;
(b) the allowance were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;
(c) the allowance were payable only if the circumstances are otherwise such as may be prescribed.”
(3) In that section, in subsection (8) (interpretation), in the definition of “disqualifying benefit”, after paragraph (aa) insert—
“(ab) any benefit under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) or under any provision having effect in Northern Ireland corresponding to that Part;”.
(4) In section 9 (effect of offences on benefits of members of offender’s family), in subsection (1) (benefits to which section applies), after paragraph (bb) insert—
“(bc) employment and support allowance;”.
(5) In that section, after subsection (4A) insert—
“(4B) In relation to cases in which the benefit is employment and support allowance, the provision that may be made by virtue of subsection (2) is provision that, in the case of the offender’s family member, any income-related allowance shall be payable, during the whole or a part of any period comprised in the relevant period, as if one or more of the following applied—
(a) the rate of the allowance were such reduced rate as may be prescribed;
(b) the allowance were payable only if there is compliance by the offender or the offender’s family member, or both of them, with such obligations with respect to the provision of information as may be imposed by the regulations;
(c) the allowance were payable only if circumstances are otherwise such as may be prescribed.”
(6) In section 10 (power to supplement and mitigate loss of benefit provisions), in subsection (3) (definition of “social security benefit”), after paragraph (bb) insert—
“(bc) any benefit under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) or under any provision having effect in Northern Ireland corresponding to that Part;”.
(7) In section 11 (loss of benefit regulations), in subsection (3) (regulations subject to affirmative resolution procedure), in paragraph (c), after “(4A)”, in both places, insert “, (4B)”.
(8) In section 13 (interpretation of sections 7 to 12), after the definitions by reference to the Jobseekers Act 1995 insert—
““income-related allowance” has the same meaning as in Part 1 of the Welfare Reform Act 2007 (employment and support allowance);”.
24 (1) The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.
(2) In section 658(4) (amount charged to tax to be calculated in accordance with section 661), after “carer’s allowance,” insert “contributory employment and support allowance,”.
(3) In the table of taxable benefits in section 660 (“Table A”), after the entry relating to “Carer’s allowance” insert—
| “Contributory employment and support allowance | WRA 2007 | Section 1(2)(a) |
| Any provision made for Northern Ireland which corresponds to section 1(2)(a) of WRA 2007” | ||
(4) In section 661(1) (social security income taxable on an accruals basis), after “carer’s allowance,” insert—
“contributory employment and support allowance,”.
(5) In the table of benefits wholly exempt from tax in section 677 (“Table B”), after the entry relating to “Housing benefit” insert—
| “Income-related employment and support allowance | WRA 2007 | Section 1(2)(b) |
| Any provision made for Northern Ireland which corresponds to section 1(2)(b) of WRA 2007” | ||
(6) In Part 1 of Schedule 1 (abbreviations of Acts), at the end insert—
| “WRA 2007 | The Welfare Reform Act 2007” |
Welfare Reform Act 2007