Office of Public Sector Information
PART V continued CHAPTER I continued
(7) Where—
(a) a person is required to take part in an interview by virtue of subsection (1)(a), and
(b) the interview is postponed by or under regulations made in pursuance of subsection (6)(a) or (c),
the time to which it is so postponed may be a time falling after an award of the relevant benefit to that person.
(8) In this section—
“the designated authority” means such of the following as may be specified, namely—
the Secretary of State,
a person providing services to the Secretary of State,
a local authority,
a person providing services to, or authorised to exercise any function of, any such authority;
“interview” (in subsections (3) to (7)) means a work-focused interview;
“relevant benefit”, in relation to any person required to take part in a work-focused interview, means any benefit in relation to which that requirement applied by virtue of subsection (1)(a) or (b) above;
“specified” means prescribed by or determined in accordance with regulations;
“work-focused interview”, in relation to a person, means an interview conducted for such purposes connected with employment or training in the case of that person as may be specified;
and the purposes which may be so specified include purposes connected with a person’s existing or future employment or training prospects or needs, and (in particular) assisting or encouraging a person to enhance his employment prospects.
(1) Chapter II of Part I of the [1998 c. 14.] Social Security Act 1998 (social security decisions and appeals) shall have effect in relation to relevant decisions subject to and in accordance with subsections (3) to (8) below (and in those subsections “the 1998 Act” means that Act).
(2) For the purposes of this section a “relevant decision” is a decision made under regulations under section 2A above that a person—
(a) has failed to comply with a requirement to take part in an interview which applied to him by virtue of the regulations, or
(b) has not shown, within the prescribed period mentioned in section 2A(3)(e)(ii) above, that he had good cause for such a failure.
(3) Section 8(1)(c) of the 1998 Act (decisions falling to be made under or by virtue of certain enactments are to be made by the Secretary of State) shall have effect subject to any provisions of regulations under section 2A above by virtue of which relevant decisions fall to be made otherwise than by the Secretary of State.
(4) For the purposes of each of sections 9 and 10 of the 1998 Act (revision and supersession of decisions of Secretary of State) any relevant decision made otherwise than by the Secretary of State shall be treated as if it were such a decision made by the Secretary of State (and accordingly may be revised by him under section 9 or superseded by a decision made by him under section 10).
(5) Subject to any provisions of regulations under either section 9 or 10 of the 1998 Act, any relevant decision made, or (by virtue of subsection (4) above) treated as made, by the Secretary of State may be—
(a) revised under section 9 by a person or authority exercising functions under regulations under section 2A above other than the Secretary of State, or
(b) superseded under section 10 by a decision made by such a person or authority,
as if that person or authority were the Secretary of State.
(6) Regulations shall make provision for conferring (except in any prescribed circumstances) a right of appeal under section 12 of the 1998 Act (appeal to appeal tribunal) against—
(a) any relevant decision, and
(b) any decision under section 10 of that Act superseding any such decision,
whether made by the Secretary of State or otherwise.
(7) Subsections (4) to (6) above apply whether—
(a) the relevant decision, or
(b) (in the case of subsection (6)(b)) the decision under section 10 of the 1998 Act,
is as originally made or has been revised (by the Secretary of State or otherwise) under section 9 of that Act; and regulations under subsection (6) above may make provision for treating, for the purposes of section 12 of that Act, any decision made or revised otherwise than by the Secretary of State as if it were a decision made or revised by him.
(8) Section 12 of the 1998 Act shall not apply to any decision falling within subsection (6) above except in accordance with regulations under that subsection.
(9) In the following provisions, namely—
(a) section 3(1) of the [1998 c. 14.] Social Security Act 1998 (use of information), and
(b) section 72(6) of the Welfare Reform and Pensions Act 1999 (supply of information),
any reference to information relating to social security includes any information supplied by a person for the purposes of an interview which he is required to take part in by virtue of section 2A above.
(10) In this section “interview” means a work-focused interview within the meaning of section 2A above.”
After section 2B of the Administration Act (inserted by section 57 above) there shall be inserted—
(1) Regulations may make provision for conferring on local authorities functions in connection with conducting work-focused interviews in cases where such interviews are requested or consented to by persons to whom this section applies.
(2) This section applies to persons making claims for or entitled to—
(a) any of the benefits listed in section 2A(2) above, or
(b) any prescribed benefit;
and it so applies regardless of whether such persons have, in accordance with regulations under section 2A above, already taken part in interviews conducted under such regulations.
(3) The functions which may be conferred on a local authority by regulations under this section include functions relating to—
(a) the obtaining and receiving of information for the purposes of work-focused interviews conducted under the regulations;
(b) the recording and forwarding of information supplied at, or for the purposes of, such interviews;
(c) the taking of steps to identify potential employment or training opportunities for persons taking part in such interviews.
(4) Regulations under this section may make different provision for different areas or different authorities.
(5) In this section “work-focused interview”, in relation to a person to whom this section applies, means an interview conducted for such purposes connected with employment or training in the case of such a person as may be prescribed; and the purposes which may be so prescribed include—
(a) purposes connected with the existing or future employment or training prospects or needs of such a person, and
(b) (in particular) assisting or encouraging such a person to enhance his employment prospects.”
Schedule 7 (which makes provision in connection with requiring certain couples to make joint claims for an income-based jobseeker’s allowance) shall have effect.
(1) The Secretary of State may by regulations make provision for or in connection with the participation of claimants for a jobseeker’s allowance in schemes of any prescribed description, being schemes established for designated areas in Great Britain (or for the whole of Great Britain) and designed to assist such persons to obtain sustainable employment.
(2) Regulations under this section may, in particular, make provision—
(a) for the imposition during any prescribed period, as additional conditions for entitlement to a jobseeker’s allowance applying in the case of persons participating in schemes, of requirements to take steps determined in accordance with the regulations with a view to improving those persons' prospects of securing employment;
(b) for the suspension, during any prescribed period, of any prescribed conditions that would otherwise apply to such persons.
(3) Regulations under this section may make provision for any provisions of the [1995 c. 18.] Jobseekers Act 1995 to apply for the purposes of the regulations subject to prescribed modifications.
(4) The provisions of that Act which may be so applied include in particular any provisions of—
(a) section 19 or 20A (circumstances in which jobseeker’s allowance is not payable); or
(b) section 20 or 20B (exemptions from section 19 or 20A).
(5) The Secretary of State may for the purposes of, or in connection with, any scheme—
(a) make such arrangements (whether or not with other persons) for the provision of any facilities,
(b) provide such support (by whatever means) for arrangements made by other persons for the provision of any facilities,
(c) make such payments—
(i) by way of fees, grants, loans or otherwise, to persons undertaking the provision of facilities under arrangements within paragraph (a) or (b),
(ii) by way of grants, loans or otherwise, to persons participating in the scheme, or
(iii) in respect of any incidental expenses,
as he considers appropriate.
(6) For the purposes of, or in connection with, a scheme established for (or for an area which includes) Wales or a part of Wales, the National Assembly for Wales may, if it considers that facilities whose provision any person (including the Secretary of State) is undertaking under arrangements within subsection (5)(a) or (b) are capable of being supportive of the training of persons for employment, make such payments to that person as the Assembly considers appropriate; and any such payments—
(a) may be by way of fees, grants, loans or otherwise, and
(b) may, unless the Assembly otherwise specifies, be used by the person to whom they are made for the provision of any of the facilities provided under the arrangements.
(7) In subsections (5) and (6) “facilities” includes services, and any reference to the provision of facilities includes the making of payments to persons participating in the scheme.
(8) The power of the Secretary of State to make an order under section 26 of the [1988 c. 19.] Employment Act 1988 (status of trainees etc.) shall include power to make, in relation to—
(a) persons participating in any scheme, and
(b) payments received by them by virtue of subsection (5) above,
provision corresponding to any provision which (by virtue of subsection (1) or (2) of that section) may be made in relation to persons using such facilities, and to such payments received by them, as are mentioned in subsection (1) of that section.
(9) In this section—
“designated” means designated by the Secretary of State;
“employment” has the meaning given by regulations under this section;
“prescribed” means specified in or determined in accordance with regulations under this section;
“scheme” means a scheme such as is mentioned in subsection (1).
For section 171C of the Contribution and Benefits Act there shall be substituted—
(1) Where the own occupation test is not applicable, or has ceased to apply, in the case of a person, the question whether the person is capable or incapable of work shall be determined in accordance with a personal capability assessment.
(2) Provision shall be made by regulations—
(a) defining a personal capability assessment by reference to the extent to which a person who has some specific disease or bodily or mental disablement is capable or incapable of performing such activities as may be prescribed;
(b) as to the manner of assessing whether a person is, in accordance with a personal capability assessment, incapable of work.
(3) Regulations may provide that, in any prescribed circumstances, a person to whom subsection (1) above applies shall, if the prescribed conditions are met, be treated as incapable of work in accordance with a personal capability assessment until such time as—
(a) such an assessment has been carried out in his case, or
(b) he falls to be treated as capable of work in accordance with regulations under section 171A(2) or (3) above or section 171E below.
The prescribed conditions may include the condition that it has not previously been determined, within such period as may be prescribed, that the person in question is or is to be treated as capable of work.
(4) Except in prescribed circumstances, a personal capability assessment carried out in the case of a person before the time when subsection (1) above applies to him shall be as effective for the purposes of that subsection as one carried out thereafter.
(5) The Secretary of State may, in the case of a person who for any purpose of this Act has been determined to be incapable of work in accordance with a personal capability assessment (including one carried out by virtue of this subsection), require the question whether the person is capable or incapable of work to be determined afresh in accordance with a further personal capability assessment.”
(1) Paragraph 2 of Schedule 3 to the Contributions and Benefits Act (contribution conditions for short-term incapacity benefit) shall be amended as follows.
(2) In sub-paragraph (2) (the first condition), for paragraph (a) there shall be substituted—
“(a) the claimant must have actually paid contributions of a relevant class in respect of one of the last three complete years before the beginning of the relevant benefit year, and those contributions must have been paid before the relevant time; and”.
(3) In sub-paragraph (7) (claim by person who does not satisfy second contribution condition to be disregarded in relation to subsequent claim), after “does not satisfy” there shall be inserted “the first contribution condition (specified in sub-paragraph (2) above) or, as the case may be,”.
(4) After sub-paragraph (7) there shall be added—
“(8) Regulations may—
(a) provide for the first contribution condition (specified in sub-paragraph (2) above) to be taken to be satisfied in the case of persons who have been entitled to any prescribed description of benefit during any prescribed period or at any prescribed time;
(b) with a view to securing any relaxation of the requirements of that condition (as so specified) in relation to persons who have been so entitled, provide for that condition to apply in relation to them subject to prescribed modifications.
(9) In sub-paragraph (8)—
“benefit” includes (in addition to any benefit under Parts II to V of this Act)—
any benefit under Parts VII to XII of this Act, and
credits under regulations under section 22(5) above;
“modifications” includes additions, omissions and amendments.”
After section 30D of the Contributions and Benefits Act there shall be inserted—
(1) Where—
(a) a person is entitled to incapacity benefit in respect of any period of a week or part of a week,
(b) a pension payment is payable to him in respect of that period (or a period which forms part of that period or includes that period or part of it), and
(c) the amount of that payment (or, as the case may be, the amount which in accordance with regulations is to be taken as payable to him by way of pension payments in respect of that period) exceeds the threshold,
the amount of that benefit shall be reduced by an amount equal to 50 per cent. of that excess.
(2) In subsection (1) above “the threshold” means—
(a) if the period in question is a week, £85 or such greater amount as may be prescribed; or
(b) if that period is not a week, such proportion of the amount mentioned in paragraph (a) as falls to be calculated in accordance with regulations on such basis as may be prescribed.
(3) Regulations may secure that a person of any prescribed description does not suffer any reduction under subsection (1) above in any amount of incapacity benefit to which he is entitled.
(4) Regulations may provide—
(a) for sums of any specified description to be disregarded for the purposes of this section;
(b) for sums of any specified description to be treated for those purposes as payable to persons as pension payments (including, in particular, sums in relation to which there is a deferred right of receipt);
(c) for the aggregation of sums of any specified description which are payable as pension payments (or treated as being so payable) in respect of the same or different periods;
(d) for such sums or aggregate sums to be apportioned between or otherwise allocated to periods in respect of which persons are entitled to incapacity benefit.
(5) In this section “pension payment” means—
(a) a periodical payment made in relation to a person under a personal pension scheme or, in connection with the coming to an end of an employment of his, under an occupational pension scheme or a public service pension scheme;
(b) a payment of any specified description, being a payment made under an insurance policy providing benefits in connection with physical or mental illness, disability, infirmity or defect; or
(c) a payment of any other specified description;
and “specified” means prescribed by or determined in accordance with regulations under this section.
(6) For the purposes of subsection (5) “occupational pension scheme”, “personal pension scheme” and “public service pension scheme” each have the meaning given by section 1 of the [1993 c. 48.] Pension Schemes Act 1993, except that “personal pension scheme” includes a contract or trust scheme approved under Chapter III of Part XIV of the [1988 c. 1.] Income and Corporation Taxes Act 1988 (retirement annuities).”
(1) In subsection (1) of section 30A of the Contributions and Benefits Act (incapacity benefit: entitlement)—
(a) for “either of the following conditions” there shall be substituted—
“(a) either of the conditions mentioned in subsection (2) below; or
(b) if he satisfies neither of those conditions, each of the conditions mentioned in subsection (2A) below,”; and
(b) after “any day of incapacity for work” there shall be inserted “(“the relevant day”)”.
(2) In subsection (2) of that section—
(a) after “conditions” there shall be inserted “mentioned in subsection (1)(a) above”; and
(b) in paragraph (a), for “the day in question” there shall be substituted “the relevant day”.
(3) After that subsection there shall be inserted—
“(2A) The conditions mentioned in subsection (1)(b) above are that—
(a) he is aged 16 or over on the relevant day;
(b) he is under the age of 20 or, in prescribed cases, 25 on a day which forms part of the period of incapacity for work;
(c) he was incapable of work throughout a period of 196 consecutive days immediately preceding the relevant day, or an earlier day in the period of incapacity for work on which he was aged 16 or over;
(d) on the relevant day he satisfies the prescribed conditions as to residence in Great Britain, or as to presence there; and
(e) he is not, on that day, a person who is receiving full-time education.”
(4) In subsection (3) of that section, after “benefit” there shall be inserted “under subsection (1)(a) above”.
(5) After subsection (5) of that section there shall be inserted—
“(6) Regulations may provide that persons who have previously been entitled to incapacity benefit shall, in prescribed circumstances, be entitled to short-term incapacity benefit under subsection (1)(b) above notwithstanding that they do not satisfy the condition set out in paragraph (b) of subsection (2A) above.
(7) Regulations may prescribe the circumstances in which a person is or is not to be treated as receiving full-time education for the purposes of paragraph (e) of that subsection.”
Sections 68 and 69 of the Contributions and Benefits Act (severe disablement allowance) shall cease to have effect.
(1) After subsection (3) of section 64 of the Contributions and Benefits Act (entitlement to attendance allowance) there shall be added—
“(4) Circumstances may be prescribed in which a person is to be taken to satisfy or not to satisfy such of the conditions mentioned in subsections (2) and (3) above as may be prescribed.”
(2) In subsection (1) of section 66 of that Act (attendance allowance for the terminally ill)—
(a) in paragraph (a)(i), for the words from “for the remainder of his life” to “terminally ill” there shall be substituted “for so much of the period for which he is terminally ill as does not fall before the date of the claim”;
(b) in paragraph (a)(ii), for “that date”, in the first place where those words occur, there shall be substituted “the date of the claim or, if later, the first date on which he is terminally ill”; and
(c) in paragraph (b), for “the remainder of the person’s life, beginning with that date” there shall be substituted “so much of the period for which he is terminally ill as does not fall before the date of the claim”.
(1) In subsection (3) of section 71 of the Contributions and Benefits Act (disability living allowance), for “for life” there shall be substituted “for an indefinite period”.
(2) In subsection (5)(b) of section 72 of that Act (the care component), for “for the remainder of his life beginning with that date” there shall be substituted “for so much of the period for which he is terminally ill as does not fall before the date of the claim”.
(3) In subsection (1) of section 73 of that Act (the mobility component), for “the age of 5” there shall be substituted “the relevant age” and after that subsection there shall be inserted—
“(1A) In subsection (1) above “the relevant age” means—
(a) in relation to the conditions mentioned in paragraph (a), (b) or (c) of that subsection, the age of 3;
(b) in relation to the conditions mentioned in paragraph (d) of that subsection, the age of 5.”
(4) Subsection (3) does not affect awards made before the day on which that subsection comes into force.
(1) An overpayment to which this section applies shall not be recoverable from the payee, whether by the Secretary of State or a local authority, under any provision made by or under Part III of the Administration Act (overpayments and adjustments of benefit).
(2) This section applies to an overpayment if—
(a) it is in respect of a qualifying benefit;
(b) it is referable to a decision given on a review that there has been an alteration in the relevant person’s condition, being a decision to which effect is required to be given as from a date earlier than that on which it was given;
(c) the decision was given before 1st June 1999; and
(d) the overpayment is not excluded by virtue of subsection (6).
(3) In subsection (2)(b) the reference to a decision on a review that there has been an alteration in the relevant person’s condition is a reference to a decision so given that that person’s physical or mental condition either was at the time when the original decision was given, or has subsequently become, different from that on which that decision was based, with the result—
(a) that he did not at that time, or (as the case may be) has subsequently ceased to, meet any of the conditions contained in the following provisions of the Contributions and Benefits Act, namely—
(i) section 64 (attendance allowance),
(ii) section 72(1) or (2) (care component of disability living allowance), and
(iii) section 73(1) or (2) (mobility component of that allowance); or
(b) that he was at that time, or (as the case may be) has subsequently become, capable of work in accordance with regulations made under section 171C(2) of that Act (the all work test).
(4) For the purposes of this section “qualifying benefit” means—
(a) attendance allowance;
(b) disability living allowance;
(c) any benefit awarded wholly or partly by reason of a person being (or being treated as being) in receipt of a component (at any rate) of disability living allowance or in receipt of attendance allowance;
(d) incapacity benefit;
(e) any benefit (other than incapacity benefit) awarded wholly or partly by reason of a person being (or being treated as being) incapable of work; or
(f) any benefit awarded wholly or partly by reason of a person being (or being treated as being) in receipt of any benefit falling within paragraph (c), (d) or (e).
(5) For the purposes of this section—
(a) “review” means a review taking place by virtue of section 25(1)(a) or (b), 30(2)(a) or (b) or 35(1)(a) or (b) of the Administration Act;
(b) “the relevant person”, in relation to a review, means the person to whose entitlement to a qualifying benefit or to whose incapacity for work the review related; and
(c) “the original decision”, in relation to a review, means the decision as to any such entitlement or incapacity to which the review related.
(6) An overpayment is excluded by virtue of this subsection if (before or after the passing of this Act)—
(a) the payee has agreed to pay a penalty in respect of the overpayment under section 115A of the Administration Act,
(b) the payee has been convicted of any offence (under section 111A or 112(1) or (1A) of that Act or otherwise) in connection with the overpayment, or
(c) proceedings have been instituted against the payee for such an offence and the proceedings have not been determined or abandoned.
(7) Nothing in this section applies to an overpayment to the extent that it was recovered from the payee (by any means) before 26th February 1999.
(8) In this section—
“benefit” includes any amount included in—
the applicable amount in relation to an income-related benefit (as defined by section 135(1) of the Contributions and Benefits Act), or
the applicable amount in relation to a jobseeker’s allowance (as defined by section 4(5) of the [1995 c. 18.] Jobseekers Act 1995);
“income-related benefit” has the meaning given by section 123(1) of the Contributions and Benefits Act;
“overpayment” means an amount of benefit paid in excess of entitlement;
“the payee”, in relation to an overpayment, means the person to whom that amount was paid.
In section 13 of the Administration Act (entitlement to child benefit dependent on claim), after subsection (1) there shall be inserted—
“(1A) No person shall be entitled to child benefit unless subsection (1B) below is satisfied in relation to him.
(1B) This subsection is satisfied in relation to a person if—
(a) his claim for child benefit is accompanied by—
(i) a statement of his national insurance number and information or evidence establishing that that number has been allocated to him; or
(ii) information or evidence enabling the national insurance number that has been allocated to him to be ascertained; or
(b) he makes an application for a national insurance number to be allocated to him which is accompanied by information or evidence enabling such a number to be so allocated.
(1C) Regulations may make provision disapplying subsection (1A) above in the case of—
(a) prescribed descriptions of persons making claims, or
(b) prescribed descriptions of children in respect of whom child benefit is claimed,
or in other prescribed circumstances.”
Schedule 8 (which makes minor and consequential amendments of provisions relating to welfare benefits) shall have effect.
Welfare Reform and Pensions Act 1999