SCHEDULES

SCHEDULE 9Personal independence payment: amendments

Section 91

Transport Act 1982 (c. 49)

I13I581

In section 70 of the Transport Act 1982 (payments in respect of applicants for exemption from wearing seat belts), in subsection (2), after paragraph (a) there is inserted—

ab

those in receipt of personal independence payment;

Child Support Act 1991 (c. 48)

I14I592

In section 8 of the Child Support Act 1991 (role of courts with respect to maintenance for children), in subsection (8)(a), at the beginning there is inserted “an allowance under Part 4 of the Welfare Reform Act 2012 (personal independence payment) or”.

Social Security Contributions and Benefits Act 1992 (c. 4)

I15I603

The Social Security Contributions and Benefits Act 1992 is amended as follows.

4

In section 30B (incapacity benefit: rate), in subsection (4), after paragraph (a) there is inserted—

aa

is entitled to the daily living component of personal independence payment at a rate designated by regulations under this paragraph, or

I16I615

1

Section 64 (entitlement to attendance allowance) is amended as follows.

2

In subsection (1), for “the care component of a disability living allowance” there is substituted “ an allowance within subsection (1A) ”.

3

After subsection (1) there is inserted—

1A

The following allowances are within this subsection—

a

personal independence payment;

b

the care component of a disability living allowance.

I17I626

In section 150 (Christmas bonus for pensioners: interpretation), in subsection (1), after paragraph (ba) there is inserted—

bb

personal independence payment;

Social Security Administration Act 1992 (c. 5)

I9I12I2I18I637

The Social Security Administration Act 1992 is amended as follows.

I19I648

1

Section 1 (entitlement to benefit dependent on claim) is amended as follows.

2

In subsection (3)—

a

before paragraph (a) there is inserted—

za

for personal independence payment by virtue of section 82 of the Welfare Reform Act 2012; or

b

paragraph (b) and the “or” preceding it is repealed.

3

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

ad

personal independence payment.

I69

In section 5(2) (regulations about claims for and payments of benefit), after paragraph (ac) there is inserted—

ad

personal independence payment;

I20I6510

In section 71(11) (overpayments), after paragraph (ac) there is inserted—

ad

personal independence payment;

I21I6611

In section 73 (overlapping benefits - general), after subsection (5) there is inserted—

6

Personal independence payment is to be treated for the purposes of this section as if it were benefit as defined in section 122 of the Contributions and Benefits Act.

I22I6712

In section 121DA (interpretation of Part 6), in subsection (1), after paragraph (hj) (inserted by Schedule 2 to this Act) there is inserted—

hk

Part 4 of that Act;

I23I6813

In section 122B (supply of other government information for fraud prevention and verification), in subsection (3)(b), after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.

I24I6914

In section 122C (supply of information to authorities administering benefit), in subsection (6)(b), after “Welfare Reform Act 2007” there is inserted “ , Part 4 of the Welfare Reform Act 2012 ”.

I25I7015

In section 124 (age, death and marriage), in subsection (1), after paragraph (ad) (inserted by Schedule 2 to this Act) there is inserted—

ae

of the provisions of Part 4 of that Act;

I26I7116

In section 125 (regulations as to notification of deaths), in subsection (1), after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.

I27I7217

In section 150 (uprating)—

a

in subsection (1), after paragraph (n) (inserted by Schedule 2 to this Act) there is inserted—

o

specified in regulations under section 78(3) or 79(3) of that Act;

b

in subsection (3)(b), for “or (g)” there is substituted “ , (g) or (o) ”.

I28I7318

In section 159 (effect of alteration in the component rates of income support), in subsection (5), in the definition of “benefit income”, after “income support;” there is inserted—

aa

personal independence payment;

I29I7419

In section 159A (effect of alteration of rates of a jobseeker's allowance), in subsection (5), in the definition of “benefit income”, after “Contributions and Benefits Act;” there is inserted—

ab

personal independence payment;

I30I7520

In section 159B (effect of alterations affecting state pension credit), in subsection (6), in the definition of “benefit income”, after “Contributions and Benefits Act” there is inserted “ or personal independence payment ”.

I31I7621

In section 159C (effect of alteration of rates of an employment and support allowance), in subsection (6), in the definition of “benefit income”, after “Contributions and Benefits Act” there is inserted “ or personal independence payment ”.

I32I7722

In section 160 (implementation of increases in income support due to attainment of particular ages), in subsection (3), after “entitlement to” there is inserted “personal independence payment or to“.

I33I7823

In section 160A (implementation of increases in income-based jobseeker's allowance due to attainment of particular ages), in subsection (3), after “Contributions and Benefits Act;” there is inserted—

aa

personal independence payment;

I34I7924

In section 160B (implementation of increases in employment and support allowance due to attainment of particular ages), in subsection (3), for the words from “a benefit” to the end there is substituted—

a

a benefit under the Contributions and Benefits Act; or

b

personal independence payment.

I35I8025

In section 165 (adjustments between National Insurance Fund and Consolidated Fund), in subsection (1)(a)(iii), after “universal credit” (inserted by Schedule 2 to this Act) there is inserted “, personal independence payment”.

I1126

In section 170 (Social Security Advisory Committee), in subsection (5)—

a

in the definition of “the relevant enactments“, after paragraph (ak) (inserted by Schedule 2 to this Act) there is inserted—

  1. al

    Part 4 of that Act;

b

in the definition of “the relevant Northern Ireland enactments”, after paragraph (ak) (inserted by Schedule 2 to this Act) there is inserted—

al

any provisions in Northern Ireland which correspond to Part 4 of that Act;

I36I8127

1

Section 179 (reciprocal agreements) is amended as follows.

2

In subsection (3)(a), after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.

3

In subsection (4), after paragraph (ag) (inserted by Schedule 2 to this Act) there is inserted—

ah

to Part 4 of that Act;

I37I8228

In section 180 (payment of travelling expenses), in paragraphs (a) and (b)(i), after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.

I38I8329

In section 182B (information about postal redirection), in subsection (5)(b), after “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.

I39I8430

In section 184 (control of pneumoconiosis), in paragraph (c), for “benefit as defined in section 122 of the Contributions and Benefits Act” there is substituted “personal independence payment, or benefit as defined in section 122 of the Contributions and Benefits Act,“.

I40I8531

In section 187 (inalienability), in subsection (1), after paragraph (ac) there is inserted—

ad

personal independence payment;

I1I41I8632

In section 191 (interpretation), in the definition of “benefit”, for “, state pension credit and an employment and support allowance” there is substituted “ state pension credit, an employment and support allowance and personal independence payment ”.

I42I8733

In Schedule 7 (regulations not requiring prior submission to Social Security Advisory Committee), before paragraph 1 there is inserted—

Personal independence payment

A1

Regulations under section 78(3) or 79(3) of the Welfare Reform Act 2012.

Social Security (Recovery of Benefits) Act 1997 (c. 27)

I43I8834

The Social Security (Recovery of Benefits) Act 1997 is amended as follows.

I44I8935

In section 29 (general interpretation), in the definition of “benefit”, after “employment and support allowance” there is inserted “ , personal independence payment ”.

I45I9036

In Schedule 2 (calculation of compensation payment), in the table—

a

in the section relating to compensation for cost of care incurred during the relevant period, in the second column, after the entry for attendance allowance there is inserted “Daily living component of personal independence payment”;

b

in the section relating to compensation for loss of mobility during the relevant period, in the second column, after the entry for mobility allowance there is inserted “Mobility component of personal independence payment”.

Social Security Act 1998 (c. 14)

I10I5I46I9137

The Social Security Act 1998 is amended as follows.

I47I9238

In section 2(2) (use of computers), after paragraph (k) (inserted by Schedule 2 to this Act) there is inserted

or

l

Part 4 of that Act.

I3I48I9339

In section 8 (decisions by Secretary of State)—

a

in subsection (3), after paragraph (ba) there is inserted—

baa

personal independence payment;

b

in subsection (4), after the words “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “or Part 4 of that Act.”

I740

In section 11(3) (regulations with respect to decisions), in the definition of “current legislation”, after the words “Welfare Reform Act 2012” (inserted by Schedule 2 to this Act) there is inserted “and Part 4 of that Act”.

I4I49I9441

In section 27(7) (restriction on entitlement in cases of error), in the definition of “benefit”—

a

after paragraph (de) there is inserted—

df

personal independence payment;

b

in paragraph (e) for “to (de)” there is substituted “ to (df) ”.

I842

In section 28(3) (correction of errors in decisions etc), after paragraph (h) (inserted by Schedule 2 to this Act) there is inserted

or

i

Part 4 of that Act.

I50I9543

In Schedule 3 (decisions against which an appeal lies), in paragraph 3—

a

in paragraph (f), the final “or” is repealed;

b

after paragraph (g) there is inserted—

h

regulations made under section 85(1) or 86(1) of the Welfare Reform Act 2012;

i

section 87 of that Act.

Immigration and Asylum Act 1999 (c. 33)

I51I9644

In section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits)—

a

in subsection (1), after “support allowance)“ there is inserted “or to personal independence payment”;

b

in subsection (2), at the beginning of paragraph (b) there is inserted “disability living allowance or”.

Social Security Fraud Act 2001 (c. 11)

I52I9745

The Social Security Fraud Act 2001 is amended as follows.

I53I9846

In section 6A(1) (definitions)—

a

in the definition of “disqualifying benefit”, after paragraph (c) there is inserted—

ca

any benefit under Part 4 of the Welfare Reform Act 2012 (personal independence payment) or under any provision in Northern Ireland which corresponds to that Part;

b

in the definition of “sanctionable benefit”, after paragraph (c) there is inserted—

ca

personal independence payment;

I54I9947

In section 10 (power to supplement and mitigate loss of benefit provisions), in subsection (3), after paragraph (bd) (inserted by Schedule 2 to this Act) there is inserted—

be

any benefit under Part 4 of the Welfare Reform Act 2012 (personal independence payment) or under any provision in Northern Ireland which corresponds to that Part;

Income Tax (Earnings and Pensions) Act 2003 (c. 1)

I55I10048

The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.

I56I10149

In section 677 (UK social security benefits wholly exempt from tax), in subsection (1), at the appropriate place in Part 1 of Table B there is inserted—

Personal independence payment

WRA 2012

Section 77

Any provision made for Northern Ireland which corresponds to section 77 of WRA 2012

I57I10250

In Part 1 of Schedule 1 (abbreviations of Acts), at the end there is inserted—

WRA 2012

The Welfare Reform Act 2012