Search Legislation

Welfare Reform Act 2012

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 96

 Help about opening options

Version Superseded: 15/04/2013

Status:

Point in time view as at 27/11/2012. This version of this provision has been superseded. Help about Status

Changes to legislation:

Welfare Reform Act 2012, Section 96 is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

96Benefit capE+W+S

This section has no associated Explanatory Notes

(1)Regulations may provide for a benefit cap to be applied to the welfare benefits to which a single person or couple is entitled.

(2)For the purposes of this section, applying a benefit cap to welfare benefits means securing that, where a single person's or couple's total entitlement to welfare benefits in respect of the reference period exceeds the relevant amount, their entitlement to welfare benefits in respect of any period of the same duration as the reference period is reduced by an amount up to or equalling the excess.

(3)In subsection (2) the “reference period” means a period of a prescribed duration.

(4)Regulations under this section may in particular—

(a)make provision as to the manner in which total entitlement to welfare benefits for any period, or the amount of any reduction, is to be determined;

(b)make provision as to the welfare benefit or benefits from which a reduction is to be made;

(c)provide for exceptions to the application of the benefit cap;

(d)make provision as to the intervals at which the benefit cap is to be applied;

(e)make provision as to the relationship between application of the benefit cap and any other reduction in respect of a welfare benefit;

(f)provide that where in consequence of a change in the relevant amount, entitlement to a welfare benefit increases or decreases, that increase or decrease has effect without any further decision of the Secretary of State;

(g)make supplementary and consequential provision.

(5)In this section the “relevant amount” is an amount specified in regulations.

(6)The amount specified under subsection (5) is to be determined by reference to estimated average earnings.

(7)In this section “estimated average earnings” means the amount which, in the opinion of the Secretary of State, represents at any time the average weekly earnings of a working household in Great Britain after deductions in respect of tax and national insurance contributions.

(8)The Secretary of State may estimate such earnings in such manner as the Secretary of State thinks fit.

(9)Regulations under this section may not provide for any reduction to be made from a welfare benefit—

(a)provision for which is within the legislative competence of the Scottish Parliament;

(b)provision for which is within the legislative competence of the National Assembly for Wales;

(c)provision for which is made by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.

(10)In this section—

  • couple” means two persons of a prescribed description;

  • prescribed” means prescribed in regulations;

  • regulations” means regulations made by the Secretary of State;

  • single person” means a person who is not a member of a couple;

  • welfare benefit” means any prescribed benefit, allowance, payment or credit.

(11)Regulations under subsection (10) may not prescribe as welfare benefits—

(a)state pension credit under the State Pension Credit Act 2002, or

(b)retirement pensions under Part 2 or 3 of the Social Security Contributions and Benefits Act 1992.

Commencement Information

I1S. 96 in force at 27.11.2012 for specified purposes by S.I. 2012/2946, art. 2(2)

Back to top

Options/Help

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?