Welfare Reform Act 2012 (c. 5)

SCHEDULES

SCHEDULE 9 E+W+S Personal independence payment: amendments

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

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

Commencement Information

I1 Sch. 9 para. 7 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(2), Sch. 2 para. 43

I2 Sch. 9 para. 7 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 3(d)

I3 Sch. 9 para. 7 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 22

I4 Sch. 9 para. 7 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I5 Sch. 9 para. 7 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

8 (1) Section 1 (entitlement to benefit dependent on claim) is amended as follows. E+W+S

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(b) paragraph (b) and the “or” preceding it is repealed.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

Commencement Information

I6 Sch. 9 para. 8 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I7 Sch. 9 para. 8 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

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

“(ad) personal independence payment;”.

Commencement Information

I8 Sch. 9 para. 9 in force at 25.2.2013 by S.I. 2013/358, art. 2(2), Sch. 2 para. 43

10 E+W+S In section 71(11) (overpayments), after paragraph (ac) there is inserted—

“(ad) personal independence payment;”.

Commencement Information

I9 Sch. 9 para. 10 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I10 Sch. 9 para. 10 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

11 E+W+S 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.”

Commencement Information

I11 Sch. 9 para. 11 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I12 Sch. 9 para. 11 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

12 E+W+S 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;”.

Commencement Information

I13 Sch. 9 para. 12 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I14 Sch. 9 para. 12 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

13 E+W+S 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”.

Commencement Information

I15 Sch. 9 para. 13 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I16 Sch. 9 para. 13 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

14 E+W+S 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 ”.

Commencement Information

I17 Sch. 9 para. 14 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I18 Sch. 9 para. 14 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

15 E+W+S 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;”.

Commencement Information

I19 Sch. 9 para. 15 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I20 Sch. 9 para. 15 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

16 E+W+S 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”.

Commencement Information

I21 Sch. 9 para. 16 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I22 Sch. 9 para. 16 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

17 E+W+S 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) ”.

Commencement Information

I23 Sch. 9 para. 17 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I24 Sch. 9 para. 17 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

18 E+W+S 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;”.

Commencement Information

I25 Sch. 9 para. 18 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I26 Sch. 9 para. 18 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

19 E+W+S 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;”.

Commencement Information

I27 Sch. 9 para. 19 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I28 Sch. 9 para. 19 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

20 E+W+S 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 ”.

Commencement Information

I29 Sch. 9 para. 20 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I30 Sch. 9 para. 20 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

21 E+W+S 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 ”.

Commencement Information

I31 Sch. 9 para. 21 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I32 Sch. 9 para. 21 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

22 E+W+S 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“.

Commencement Information

I33 Sch. 9 para. 22 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I34 Sch. 9 para. 22 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

23 E+W+S 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;”.

Commencement Information

I35 Sch. 9 para. 23 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I36 Sch. 9 para. 23 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

24 E+W+S 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.”

Commencement Information

I37 Sch. 9 para. 24 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I38 Sch. 9 para. 24 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

25 E+W+S 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”.

Commencement Information

I39 Sch. 9 para. 25 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I40 Sch. 9 para. 25 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

26 E+W+S 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—

“(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;”.

Commencement Information

I41 Sch. 9 para. 26 in force at 25.2.2013 by S.I. 2013/358, art. 3(c)

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

(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;”.

Commencement Information

I42 Sch. 9 para. 27 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I43 Sch. 9 para. 27 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

28 E+W+S 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”.

Commencement Information

I44 Sch. 9 para. 28 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I45 Sch. 9 para. 28 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

29 E+W+S 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”.

Commencement Information

I46 Sch. 9 para. 29 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I47 Sch. 9 para. 29 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

30 E+W+S 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,“.

Commencement Information

I48 Sch. 9 para. 30 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I49 Sch. 9 para. 30 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

31 E+W+S In section 187 (inalienability), in subsection (1), after paragraph (ac) there is inserted—

“(ad) personal independence payment;”.

Commencement Information

I50 Sch. 9 para. 31 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I51 Sch. 9 para. 31 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

32 E+W+S 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 ”.

Commencement Information

I52 Sch. 9 para. 32 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 22

I53 Sch. 9 para. 32 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I54 Sch. 9 para. 32 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2

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

“Personal independence payment E+W+S

A1 Regulations under section 78(3) or 79(3) of the Welfare Reform Act 2012.”

Commencement Information

I55 Sch. 9 para. 33 in force at 8.4.2013 for specified purposes by S.I. 2013/358, art. 7(1)(2)(k), Sch. 3

I56 Sch. 9 para. 33 in force at 10.6.2013 in so far as not already in force by S.I. 2013/1250, art. 2