Territorial Extent
45.Most measures in the Act extend to England and Wales and Scotland but not to Northern Ireland. Although social security is a transferred matter under the Northern Ireland Act 1998 and Northern Ireland has its own body of social security law, there is a long-standing policy of parity in this area. While the Northern Ireland Assembly is suspended, social security provision is made by way of Order in Council. On restoration of the Northern Ireland Assembly, corresponding legislation for Northern Ireland would be by Bill of the Assembly.
46.The main exceptions are:
Section 31: Loss of housing benefit following eviction for anti-social behaviour, etc. The extent of the section is England and Wales and Scotland, although certain of the provisions inserted by this section will not extend to Scotland. The power to pilot will not extend to Scotland, and for some of the information sharing provisions there already exists relevant Scottish legislation.
Sections 42(1)-(10): Information relating to certain benefits and section 43: Unlawful disclosure of certain information. These sections relate to the extension of information sharing by Supporting People teams in order to improve services to vulnerable people. They do not extend to Scotland because there is separate Scottish legislation covering these services in Scotland. In England and Wales, Supporting People teams for local authorities administer grants from the Department for Communities and Local Government and the National Assembly for Wales to provide welfare services. Section 93 of the Local Government Act 2000 provides a power by which these grants can be paid. An equivalent to this grant-making provision exists in Scotland but is contained within Scottish legislation. Section 42(11) does extend to Scotland because it repeals the Supporting People information sharing provisions in sections 94 and 95 of the Local Government Act 2000 which are no longer necessary, and which did extend to England and Wales and Scotland.
Section 45: Recovery of overpaid child benefit and guardian’s allowance: Northern Ireland. This section applies only to Northern Ireland. It relates to child benefit and guardian’s allowance only. This is because, unlike other benefits, child benefit and guardian’s allowance are not devolved in Northern Ireland, as Her Majesty’s Commissioners of Revenue and Customs administer these two benefits throughout the United Kingdom.
Section 47: Local authority powers to prosecute benefit fraud. The powers of local authorities to prosecute national benefit offences do not apply in Scotland, where the Procurator Fiscal is responsible for the prosecution of all criminal offences.
Section 49: Loss of benefit for commission of benefit offences. This section amends section 7 of the Social Security Fraud Act 2001, which extends to Northern Ireland as well as to Great Britain.
Section 56: Overseas vaccinations. This section amends the Vaccine Damage Payments Act 1979, which extends to the whole of the United Kingdom and the Isle of Man. The Isle of Man Council of Ministers has been consulted and has given its consent to this section.
Section 57: Appeals to appeal tribunal in Northern Ireland. This section amends the Vaccine Damage Payments Act 1979, which extends to the United Kingdom and the Isle of Man.
Section 61: Independent Living Funds. This section extends to the whole of the United Kingdom.
Schedule 2: Employment and Support Allowance: Supplementary Provisions. Paragraph 15 of this Schedule (and section 22 and 24 to 26 so far as relating thereto) makes provision for regulations to modify any provisions of Part 1 or any corresponding provision made for Northern Ireland in its application to persons who are or have been members of Her Majesty’s forces.
47.A number of other provisions make amendments or repeals to legislation which extend to the United Kingdom (and on occasion the Isle of Man).
