SCHEDULES

Section 31

SCHEDULE 2E+W+SUniversal credit: amendments

Child Support Act 1991 (c. 48)E+W+S

2E+W+SIn the Child Support Act 1991, in paragraph 5 of Schedule 1 (maintenance calculations), as it has effect apart from section 1 of the Child Support, Pensions and Social Security Act 2000, in sub-paragraph (4) after “Where” there is inserted “ universal credit (in such circumstances as may be prescribed), ”.

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

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

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

“(za)universal credit;”.

5E+W+SIn 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”.

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;”.

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

23E+W+SAfter section 159C there is inserted—

“159DEffect 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.”

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;”.

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

Local Government Finance Act 1992 (c. 14)E+W+S

32E+W+SThe Local Government Finance Act 1992 is amended as follows.

33(1)Schedule 4 is amended as follows.E+W+S

(2)In paragraph 6—

(a)in sub-paragraph (1), after “entitled to“ there is inserted “universal credit”;

(b)in sub-paragraph (2)(b), after “by way of“ there is inserted “universal credit”.

(3)In paragraph 12(1)—

(a)after paragraph (a) there is inserted—

“(aa)deductions from universal credit may be resorted to more than once;”;

(b)in paragraph (d), after “attachment of earnings” there is inserted “deductions from universal credit“.

34E+W+SIn Schedule 8, in paragraph 6—

(a)in sub-paragraph (1), after “entitled to“ there is inserted “universal credit”;

(b)in sub-paragraph (2)(b), after “by way of“ there is inserted “universal credit”.

Housing Act 1996 (c. 52)E+W+S

36E+W+SIn section 122 of the Housing Act 1996 (rent officers), in the heading and in subsection (1), after “with” there is inserted “ universal credit, ”.

Social Security Act 1998 (c. 14)E+W+S

43E+W+SThe Social Security Act 1998 (decisions and appeals) is amended as follows.

45E+W+SIn section 8 (decisions by Secretary of State)—

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

“(aa)universal credit;”;

(b)in subsection (4), for “or Part 1 of the Welfare Reform Act 2007” there is substituted “ , Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012 ”.

46E+W+SIn section 11 (regulations with respect to decisions), in subsection (3), for “and Part 1 of the Welfare Reform Act 2007” there is substituted “ , Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012 ”.

47E+W+SIn section 27 (restriction on entitlement in cases of error), in subsection (7), in the definition of “benefit” for paragraph (f) there is substituted—

“(f)universal credit”.

48E+W+SIn section 28(3) (correction of errors in decisions etc)—

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

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

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

49E+W+SIn section 39 (interpretation), in subsection (1), before the definition of “health care professional” there is inserted—

““claimant”, in relation to a couple jointly claiming universal credit, means the couple or either member of the couple;”.

Child Support, Pensions and Social Security Act 2000 (c. 19)E+W+S

55E+W+SIn section 69 of the Child Support, Pensions and Social Security Act 2000, in subsection (1)(a), after “both” there is inserted “ , universal credit ”.

Social Security Fraud Act 2001 (c. 11)E+W+S

56E+W+SThe Social Security Fraud Act 2001 is amended as follows.

58(1)Section 6B (loss of benefit in case of conviction, penalty or caution for benefit offence) is amended as follows.E+W+S

(2)In subsection (5), for “(6)” there is substituted “ (5A) ”.

(3)After subsection (5) there is inserted—

“(5A)The Secretary of State may by regulations provide that, where the sanctionable benefit is universal credit, the benefit shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—

(a)the amount payable were reduced in such manner as may be prescribed;

(b)the benefit were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;

(c)the benefit were payable only if the circumstances are otherwise such as may be prescribed;

(d)any amount of the benefit payable in prescribed circumstances were recoverable by the Secretary of State.”

(4)In subsection (7), after paragraph (c) there is inserted—

“(d)any amount of the allowance payable in prescribed circumstances were recoverable by the Secretary of State.”

59(1)Section 7 (loss of benefit for second or subsequent conviction of benefit offence) is amended as follows.E+W+S

(2)In subsection (2), for “(3)” there is substituted “ (2A) ”.

(3)After subsection (2) there is inserted—

“(2A)The Secretary of State may by regulations provide that, where the sanctionable benefit is universal credit, the benefit shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—

(a)the amount payable were reduced in such manner as may be prescribed;

(b)the benefit were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;

(c)the benefit were payable only if the circumstances are otherwise such as may be prescribed;

(d)any amount of the benefit payable in prescribed circumstances were recoverable by the Secretary of State.”

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

“(d)any amount of the allowance payable in prescribed circumstances were recoverable by the Secretary of State.”

61(1)Section 9 (effect of offence on benefits for members of offender's family) is amended as follows.E+W+S

(2)In subsection (1), before paragraph (a) there is inserted—

“(za)universal credit;”.

(3)In subsection (2), for “or” at the end of paragraph (b) there is substituted “ and ”.

(4)After subsection (2) there is inserted—

“(2A)In relation to cases in which the benefit is universal credit, the provision that may be made by virtue of subsection (2) is provision that, in the case of the offender's family member, any universal credit shall be payable, during the whole or a part of any period comprised in the relevant period, as if one or more of the following applied—

(a)the amount payable were reduced in such manner as may be prescribed;

(b)the benefit were payable only if there is compliance by the offender or the offender's family member, or both of them, with such obligations with respect to the provision of information as may be imposed by the regulations;

(c)the benefit were payable only if the circumstances are otherwise such as may be prescribed;

(d)any amount of the benefit payable in prescribed circumstances were recoverable by the Secretary of State.”

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

“(d)any amount of the allowance payable in prescribed circumstances were recoverable by the Secretary of State.”

63(1)In section 11 (loss of benefit regulations), subsection (3) is amended as follows.E+W+S

(2)In paragraph (c)—

(a)for “6B(7)” there is substituted “ 6B(5A), (7) ”;

(b)for “7(4)” there is substituted “ 7(2A), (4) ”;

(c)for “9(4)” there is substituted “ 9(2A), (4) ”.

(3)In paragraph (d) at the end there is inserted “or (aa)”.