Welfare Reform Act 2012 (c. 5)

SCHEDULES

SCHEDULE 2 E+W+S Universal credit: amendments

Social Security Administration Act 1992 (c. 5) E+W+S

3 E+W+S The Social Security Administration Act 1992 is amended as follows.

Commencement Information

I1 Sch. 2 para. 3 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 3(b)

I2 Sch. 2 para. 3 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 20

I3 Sch. 2 para. 3 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 5(1)

I4 Sch. 2 para. 3 in force at 29.4.2013 for specified purposes by S.I. 2013/983, art. 3(1)(b)(ii)

I5 Sch. 2 para. 3 in force at 29.4.2013 for specified purposes by S.I. 2013/358, art. 5(2)(5) (as amended (24.4.2013) by S.I. 2013/983, art. 23)

4 E+W+S In section 1 (entitlement to benefit dependent on claim), in subsection (4), before paragraph (a) there is inserted—

“(za) universal credit;”.

Commencement Information

I6 Sch. 2 para. 4 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 20

I7 Sch. 2 para. 4 in force at 29.4.2013 in so far as not already in force by S.I. 2013/983, art. 3(1)(b)(ii)

5 E+W+S In section 5 (regulations about claims and payments)—

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

“(za) universal credit;”;

(b) in subsection (6), after “in relation to“ there is inserted “universal credit or”.

Commencement Information

I8 Sch. 2 para. 5 in force at 25.2.2013 by S.I. 2013/358, art. 2(2), Sch. 2 para. 40

6 (1) Section 15A (payment out of benefit of sums in respect of mortgage interest) is amended as follows. E+W+S

(2) In subsection (1)—

(a) in paragraph (a), after “entitled, to“ there is inserted “universal credit,”;

(b) in paragraph (b), after “determining“ there is inserted “the maximum amount for the purposes of universal credit or”;

(c) in the words after paragraph (b), after “whose” there is inserted “ maximum amount for the purposes of universal credit or ”.

(3) In subsection (4)—

(a) in the definition of “qualifying associate”—

(i) before “falls” there is inserted “or universal credit”;

(ii) before “as responsible” there is inserted “or Part 1 of the Welfare Reform Act 2012”;

(b) in the definition of “relevant benefits”, before paragraph (a) there is inserted—

“(za) universal credit;”.

Commencement Information

I9 Sch. 2 para. 6 in force at 25.2.2013 by S.I. 2013/358, art. 2(2), Sch. 2 para. 40

7 E+W+S In section 74 (income support and other payments), in subsection (2)(b), after “by way of” there is inserted “ universal credit or ”.

Commencement Information

I10 Sch. 2 para. 7 in force at 25.2.2013 by S.I. 2013/358, art. 5(1)

8 E+W+S In section 74A (payments of benefit where maintenance payments collected by Secretary of State), in subsection (7), after “applies are” there is inserted “ universal credit, ”.

Commencement Information

I11 Sch. 2 para. 8 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

9 E+W+S In section 78 (recovery of social fund awards), in subsection (6)(d), after “receiving” there is inserted “ universal credit, ”.

Commencement Information

I12 Sch. 2 para. 9 in force at 29.4.2013 by S.I. 2013/358, art. 5(2)(5) (as amended (24.4.2013) by S.I. 2013/983, art. 23)

10 E+W+S In section 105 (failure to maintain - general), in subsection (1)(b), after “neglect” there is inserted “ universal credit, ”.

Commencement Information

I13 Sch. 2 para. 10 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

11 E+W+S In section 106 (recovery of expenditure on benefit from person liable for maintenance), in subsections (1), (2), (3) and (4)(a) and (b), after “income support” there is inserted “ or universal credit ”.

Commencement Information

I14 Sch. 2 para. 11 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

12 E+W+S In section 108 (reduction of expenditure on income support etc), in subsection (1)(a), after “income support” there is inserted “ or universal credit ”.

Commencement Information

I15 Sch. 2 para. 12 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

13 E+W+S In section 109 (diversion of arrested earnings - Scotland), in subsection (1), after “in receipt of”, in both places, there is inserted “ universal credit, ”.

Commencement Information

I16 Sch. 2 para. 13 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

14 E+W+S In section 121DA (interpretation of Part 6), in subsection (1), after paragraph (hi) there is inserted—

“(hj) Part 1 of the Welfare Reform Act 2012;”.

Commencement Information

I17 Sch. 2 para. 14 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

15 E+W+S In section 122B (supply of other government information for fraud prevention and verification), in subsection (3)(b) after “Welfare Reform Act 2007” there is inserted “ , Part 1 of the Welfare Reform Act 2012 ”.

Commencement Information

I18 Sch. 2 para. 15 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

16 (1) Section 122F (supply by rent officers of information relating to housing benefit) is amended as follows. E+W+S

(2) In the heading, for “information relating to housing benefit” there is substituted “ benefit information ”.

(3) In subsection (1), for “housing benefit information” there is substituted “ benefit information ”.

(4) In subsection (3)(a) after “relating to” there is inserted “ universal credit ”.

(5) In subsection (4)—

(a) for “housing benefit information” there is substituted “ benefit information ”;

(b) after “relating to” there is inserted “ universal credit ”.

Commencement Information

I19 Sch. 2 para. 16 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

17 E+W+S In section 124 (age, death and marriage), in subsection (1)—

(a) in paragraph (ac), the final “and” is repealed;

(b) after that paragraph there is inserted—

“(ad) of the provisions of Part 1 of the Welfare Reform Act 2012;”.

Commencement Information

I20 Sch. 2 para. 17 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

18 E+W+S In section 125 (regulations as to notification of death), in subsection (1), after “2007” there is inserted “ , Part 1 of the Welfare Reform Act 2012 ”.

Commencement Information

I21 Sch. 2 para. 18 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

19 E+W+S In section 126 (information from personal representatives), in subsection (1), after “receipt of” there is inserted “ universal credit ”.

Commencement Information

I22 Sch. 2 para. 19 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

20 E+W+S In section 130 (duties of employers), in subsection (1), before paragraph (a) there is inserted—

“(za) universal credit;”.

Commencement Information

I23 Sch. 2 para. 20 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

21 E+W+S In section 132 (duties of employers - statutory maternity pay etc), in subsection (1), before paragraph (a) there is inserted—

“(za) universal credit;”.

Commencement Information

I24 Sch. 2 para. 21 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

22 E+W+S In section 150 (uprating)—

(a) in subsection (1) at the end there is inserted—

“(n) specified in regulations under sections 9 to 12 of the Welfare Reform Act 2012;”;

(b) in subsection (7), after “2007” there is inserted “ or Part 1 of the Welfare Reform Act 2012 ”.

Commencement Information

I25 Sch. 2 para. 22 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

23 E+W+S After section 159C there is inserted—

“159D Effect of alterations affecting universal credit

(1) Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) shall have effect where—

(a) an award of universal credit is in force in favour of any person (“the recipient”), and

(b) an alteration—

(i) in any element of universal credit,

(ii) in the recipient's benefit income,

(iii) in any amount to be deducted in respect of earned income under section 8(3)(a) of the Welfare Reform Act 2012,

(iv) in any component of a contribution-based jobseeker's allowance,

(v) in any component of a contributory employment and support allowance, or

(vi) in such other matters as may be prescribed,

affects the computation of the amount of universal credit to which he is entitled.

(2) Where, as a result of the alteration, the amount of universal credit to which the recipient is entitled is increased or reduced, then, as from the commencing date, the amount of universal credit payable in the case of the recipient under the award shall be the increased or reduced amount, without any further decision of the Secretary of State; and the award shall have effect accordingly.

(3) Where, notwithstanding the alteration, the recipient continues on and after the commencing date to be entitled to the same amount by way of universal credit as before, the award shall continue in force accordingly.

(4) Subsection (5) applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies—

(a) in relation to any of the items referred to in subsection (1)(b)(i) to (vi), the amount of the alteration which he proposes to make by an order under section 150, 150A or 152 or by or under any other enactment, and

(b) the date on which he proposes to bring the alteration in force (“the proposed commencing date”).

(5) If, in a case where this subsection applies, an award of universal credit is made in favour of a person before the proposed commencing date and after the date on which the statement is made, the award—

(a) may provide for the universal credit to be paid as from the proposed commencing date at a rate determined by reference to the amounts of the items referred to in subsection (1)(b)(i) to (vi) which will be in force on that date, or

(b) may be expressed in terms of the amounts of those items in force at the date of the award.

(6) In this section—

• “alteration”—

  (a)

  in relation to any element of universal credit, means its alteration by or under any enactment;

  (b)

  in relation to a person's benefit income, means the alteration of any of the sums referred to in section 150 or 150A by any enactment or by an order under section 150, 150A or 152 to the extent that any such alteration affects the amount of his benefit income;

  (c)

  in relation to any component of a contribution-based jobseeker's allowance or a contributory employment and support allowance, means its alteration by or under any enactment;

  (d)

  in relation to any other matter, has such meaning as may be prescribed;

• “benefit income”, in relation to a person, means so much of his income as consists of benefit under the Contributions and Benefits Act or personal independence payment;

• “the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient;

• “component”—

  (a)

  in relation to contribution-based jobseeker's allowance, means any of the sums specified in regulations under the Jobseekers Act 1995 which are relevant in calculating the amount payable by way of a jobseeker's allowance;

  (b)

  in relation to a contributory employment and support allowance, means any of the sums specified in regulations under Part 1 of the Welfare Reform Act 2007 which are relevant in calculating the amount payable by way of such an allowance;

• “element”, in relation to universal credit, means any of the amounts specified in regulations under sections 9 to 12 of the Welfare Reform Act 2012 which are included in the calculation of an award of universal credit.”

Commencement Information

I26 Sch. 2 para. 23 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 20

I27 Sch. 2 para. 23 in force at 29.4.2013 in so far as not already in force by S.I. 2013/983, art. 3(1)(b)(ii)

Prospective

24 E+W+S After section 160B there is inserted—

“160C Implementation of increases in universal credit due to attainment of a particular age

(1) This section applies where—

(a) an award of universal credit is in force in favour of a person (“the recipient”), and

(b) an element has become applicable, or applicable at a particular rate, because he or some other person has reached a particular age (“the qualifying age”).

(2) If, as a result of the recipient or other person reaching the qualifying age, the recipient becomes entitled to an increased amount of universal credit, the amount payable to or for him under the award shall, as from the day on which he becomes so entitled, be that increased amount, without any further decision of the Secretary of State; and the award shall have effect accordingly.

(3) Subsection (2) does not apply where, in consequence of the recipient or other person reaching the qualifying age, a question arises in relation to the recipient's entitlement to—

(a) a benefit under the Contribution and Benefits Act, or

(b) personal independence payment.

(4) Subsection (2) does not apply where, in consequence of the recipient or other person reaching the qualifying age, a question arises in relation to the recipient's entitlement to universal credit, other than—

(a) the question whether the element concerned, or any other element, becomes or ceases to be applicable, or applicable at a particular rate, in the recipient's case, and

(b) the question whether, in consequence, the amount of his universal credit falls to be varied.

(5) In this section, “element”, in relation to universal credit, means any of the amounts specified in regulations under sections 9 to 12 of the Welfare Reform Act 2012 which are included in the calculation of an award of universal credit.”

25 (1) Section 165 (adjustments between National Insurance Fund and Consolidated Fund) is amended as follows. E+W+S

(2) In subsection (1)(a)(iii), after “Act” there is inserted “ , universal credit ”.

(3) In subsection (6)(a), for “or section 27 of the Welfare Reform Act 2007” there is substituted “ section 27 of the Welfare Reform Act 2007 or section 148 of the Welfare Reform Act 2012 ”.

Commencement Information

I28 Sch. 2 para. 25 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

26 (1) In section 170 (Social Security Advisory Committee), subsection (5) is amended as follows. E+W+S

(2) In the definition of “the relevant enactments”—

(a) in paragraph (af), for the words from “sections 68” to “to that Act” there is substituted “sections 69 and 70 of the Child Support, Pensions and Social Security Act 2000;“;

(b) after paragraph (aj) there is inserted—

“(ak) the provisions of Part 1 of the Welfare Reform Act 2012;”.

(3) In the definition of “the relevant Northern Ireland enactments”—

(a) in paragraph (af), for the words from “sections 68” to “to that Act” there is substituted “sections 69 and 70 of the Child Support, Pensions and Social Security Act 2000;“;

(b) after paragraph (aj) there is inserted—

“(ak) any provisions in Northern Ireland which correspond to the provisions of Part 1 of the Welfare Reform Act 2012;”.

Commencement Information

I29 Sch. 2 para. 26 in force at 25.2.2013 by S.I. 2013/358, art. 3(a)

27 (1) Section 179 (reciprocal agreements) is amended as follows. E+W+S

(2) In subsection (3)(a), after “2007” there is inserted “ , Part 1 of the Welfare Reform Act 2012 ”.

(3) In subsection (4), after paragraph (af) there is inserted—

“(ag) to Part 1 of the Welfare Reform Act 2012; and”.

(4) In subsection (5), before paragraph (a) there is inserted—

“(za) universal credit;”.

Commencement Information

I30 Sch. 2 para. 27 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

28 E+W+S In section 180 (payment of travelling expenses), in paragraphs (a) and (b)(i), after “2007” there is inserted “ , Part 1 of the Welfare Reform Act 2012 ”.

Commencement Information

I31 Sch. 2 para. 28 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

29 E+W+S In section 182B (information about postal redirection), in subsection (5)(b), after “1995” there is inserted “ , Part 1 of the Welfare Reform Act 2012 ”.

Commencement Information

I32 Sch. 2 para. 29 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

30 E+W+S In section 187 (inalienability), in subsection (1), before paragraph (a) there is inserted—

“(za) universal credit;”.

Commencement Information

I33 Sch. 2 para. 30 in force at 29.4.2013 by S.I. 2013/983, art. 3(1)(b)(ii)

31 E+W+S In section 191 (interpretation), in the definition of “benefit”, after “includes” there is inserted “ universal credit, ”.

Commencement Information

I34 Sch. 2 para. 31 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 21

I35 Sch. 2 para. 31 in force at 29.4.2013 in so far as not already in force by S.I. 2013/983, art. 3(1)(b)(ii)