Welfare Reform and Pensions Act 1999 (c. 30)

(The document as of February, 2008)

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(a)

by a government department or public or local authority (in the United Kingdom or elsewhere), or

(b)

by a body corporate, unincorporated body or partnership;

"relevant payments or benefits" means payments or benefits of any specified description made or provided (whether to the intermediary or the worker or otherwise) in connection with the performance by the worker of the services in question;

"specified" means prescribed by or determined in accordance with regulations under this section.

(7) Any reference in this section to the performance by the worker of any services includes a reference to any such obligation of his to perform them as is mentioned in subsection (1)(a) above.

(8) Regulations under this section shall be made by the Treasury with the concurrence of the Department.

(9) If, on any modification of the statutory provisions relating to income tax, it appears to the Treasury to be expedient to modify any of the preceding provisions of this section for the purpose of assimilating the law relating to income tax and the law relating to contributions under this Part of this Act, the Treasury may with the concurrence of the Department by order make such modifications of the preceding provisions of this section as the Treasury think appropriate for that purpose. "

77 Class 1B contributions

In section 10A of the Contributions and Benefits Act (Class 1B contributions), for subsection (6) (level of Class 1B percentage) there shall be substituted--

" (6) In subsection (3) above "the Class 1B percentage" means a percentage rate equal to that specified as the secondary percentage in section 9(2) above for the tax year in question. "

78 Class 1B contributions: Northern Ireland

In section 10A of the [1992 c. 7.] Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Class 1B contributions), for subsection (6) (level of Class 1B percentage) there shall be substituted--

" (6) In subsection (3) above "the Class 1B percentage" means a percentage rate equal to that specified as the secondary percentage in section 9(2) above for the tax year in question. "

Chapter III Other welfare provisions

79 Measures to reduce under-occupation by housing benefit claimants

(1) The Secretary of State may by regulations make a scheme providing for a housing benefit claimant, where he moves from an under-occupied dwelling in the public or social rented sector to a qualifying dwelling, to be entitled to be paid an amount calculated by reference to the difference between--

(a) the prescribed payments he was liable to make in respect of his former dwelling, and

(b) those he is liable to make in respect of his new dwelling.

(2) In subsection (1) the reference to a qualifying dwelling is to a dwelling (whether in the public or social rented sector or not) which, in relation to the claimant, either--

(a) is not under-occupied, or

(b) is under-occupied to a lesser extent than the claimant's former dwelling.

(3) Regulations under this section may, in particular, make provision--

(a) as to the circumstances in which, in relation to a housing benefit claimant, a dwelling is or is not to be regarded for the purposes of the scheme as under-occupied or under-occupied to a lesser extent than another dwelling;

(b) as to the manner in which an amount payable to such a claimant under the scheme is to be calculated;

(i) in a case where the claimant's former and new dwellings are situated in the area of the same local authority, by that authority, or

(ii) in a case where they are situated in the areas of different local authorities, by whichever of those authorities is prescribed.

(4) Regulations made in pursuance of subsection (3)(b) may provide for the amount payable to a housing benefit claimant under the scheme ("the relevant amount") to be reduced on account of--

(a) any arrears of rent payable by him, or

(b) any amount paid to him by way of housing benefit which constitutes an overpayment for housing benefit purposes;

but regulations under this section shall not otherwise provide for the making of any reduction in the relevant amount on account of any sum due to or recoverable by any public or local authority.

(5) A person aggrieved by a determination of any prescribed description made under regulations under this section may appeal to such court or tribunal as may be prescribed; and the regulations may make provision as to the procedure to be followed in connection with appeals under this subsection.

(6) Regulations under this section may provide that the scheme is to apply only in relation to one or more prescribed areas; and, if they do so, they may also--

(a) provide that (unless continued in force by subsequent regulations under this section) the scheme is to remain in force there only for a prescribed period;

(b) include such transitional, consequential or saving provisions as the Secretary of State considers appropriate in connection with the scheme ceasing to be in force in relation to the area or areas at the end of that period.

(7) Despite the fact that the scheme is in force in relation to the area of a local authority (whether by virtue of subsection (6) or otherwise), it shall not have effect in relation to the authority unless it has been adopted by resolution of the authority.

(8) Where a local authority makes any payment under the scheme the authority shall be reimbursed by the Secretary of State in respect of that payment in such manner and subject to such conditions as to claims, records, certificates or other information or evidence as may be prescribed (any reduction made by virtue of subsection (4) being disregarded for the purposes of this subsection).

(9) Subject to any prescribed exceptions or modifications, the provisions of the Administration Act shall have effect in relation to payments under the scheme as they have effect in relation to housing benefit.

(10) For the purposes of this section a dwelling occupied by a housing benefit claimant is in the public or social rented sector if the payments which the claimant is liable to make in respect of the dwelling (and on account of which he is entitled to housing benefit) are to be made to--

(a) a local authority,

(b) a body eligible for registration as a social landlord under Part I of the [1996 c. 52.] Housing Act 1996 (whether so registered or not), or

(11) In this section--

"dwelling" has the same meaning as in Part VII of the Contributions and Benefits Act (income-related benefits);
"housing benefit claimant", in relation to a dwelling, means a person entitled to housing benefit by virtue of being liable to make payments in respect of the dwelling;
"local authority" has the same meaning as in the Administration Act;
"prescribed" means specified in or determined in accordance with regulations under this section.

80 Supply of information for child support purposes

After paragraph 1 of Schedule 2 to the [1991 c. 48.] Child Support Act 1991 there shall be inserted--

" 1A (1) This paragraph applies to any information which--

(a) relates to any earnings or other income of an absent parent in respect of a tax year in which he is or was a self-employed earner, and

(b) is required by the Secretary of State or the Department of Health and Social Services for Northern Ireland for any purposes of this Act.

(2) No obligation as to secrecy imposed by statute or otherwise on a person employed in relation to the Inland Revenue shall prevent any such information obtained or held in connection with the assessment or collection of income tax from being disclosed to--

(a) the Secretary of State;

(b) the Department of Health and Social Services for Northern Ireland; or

(3) This paragraph extends only to disclosure by or under the authority of the Commissioners of Inland Revenue.

(4) Information which is the subject of disclosure to any person by virtue of this paragraph shall not be further disclosed to any person except where the further disclosure is made--

(a) to a person to whom disclosure could be made by virtue of sub-paragraph (2); or

(b) for the purposes of any proceedings (civil or criminal) in connection with the operation of this Act.

(5) For the purposes of this paragraph "self-employed earner" and "tax year" have the same meaning as in Parts I to VI of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992. "

Part VI General

Miscellaneous

81 Contributions and pensions administration

Schedule 11 (which contains amendments dealing with administrative matters relating to contributions and pensions) shall have effect.

82 Authorisation of certain expenditure

(1) Where--

(a) a Minister of the Crown is proposing that or considering whether an Act should change the law as from a specified date, or a date to be determined, and

(b) the Secretary of State is of the opinion that the change is such that, unless expenditure for preparing for the change is incurred during the period before the passing of that Act, it will not be possible for a service for which he has or will have responsibility to be effectively provided as from that date,

the Secretary of State may, subject to subsections (2) and (3), incur such expenditure during that period.

(2) Expenditure is not authorised by virtue of subsection (1) unless--

(a) the Secretary of State has with the consent of the Treasury laid before the House of Commons a report which states--

(i) the change in the law which the Minister of the Crown is proposing or considering, and

(ii) the amount of the expenditure which the Secretary of State proposes to incur and the purposes for which he proposes to incur it; and

(b) the report has been approved by a resolution of the House of Commons.

(3) Expenditure is not authorised by virtue of subsection (1) at any time after the end of the period of two years beginning with the day on which the resolution under subsection (2)(b) is passed.

(4) Subsection (1) is without prejudice to any power of the Secretary of State to incur expenditure otherwise than by virtue of that subsection.

(5) There shall be made out of the National Insurance Fund into the Consolidated Fund such payments as the Secretary of State determines (in accordance with any directions of the Treasury) to be appropriate in consequence of the operation of this section.

(6) Any payments falling to be made by virtue of subsection (5) shall be made at such times and in such manner as may be determined by the Treasury.

(7) In this section "the Secretary of State" means the Secretary of State having responsibility for social security.

Supplementary

83 Regulations and orders

(1) Any power under this Act to make regulations or orders (other than orders under section 72(2)) shall be exercisable by statutory instrument.

(2) A statutory instrument--

(a) which contains (whether alone or with other provisions) regulations made under this Act, and

(b) which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) A statutory instrument containing an order under section 27(3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Any power under this Act to make regulations or orders may be exercised--

(a) either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;

(b) so as to make, as respects the cases in relation to which it is exercised--

(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise);

(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act;

(iii) any such provision either unconditionally or subject to any specified condition.

(5) Where any such power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.

(6) Any such power includes power--

(a) to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments) as appears to the authority making the regulations or order to be expedient; and

(b) to provide for a person to exercise a discretion in dealing with any matter.

(7) Any power to make regulations or an order for the purposes of any provision of this Act is without prejudice to any power to make regulations or an order for the purposes of any other provision of this or any other Act.

(8) Any power conferred by this Act to make regulations or an order relating to--

(a) housing benefit, or

(b) council tax benefit,

includes power to make different provision for different areas or different authorities; and regulations under section 60 or 79 may make different provision for different areas.

(9) Without prejudice to the generality of any of the preceding provisions of this section, regulations under section 60 or 72 may provide for all or any of the provisions of the regulations to apply only in relation to any area or areas specified in the regulations.

(10) Any power to make regulations under Part IV, except sections 28 and 48, shall, if the Treasury so direct, be exercisable only in conjunction with them.

(11) Before exercising any power to make regulations under Part IV, the authority on whom the power is conferred, or, if the power is the subject of a direction under subsection (10), that authority and the Treasury acting jointly, shall consult such persons as the authority, or the authority and the Treasury, may consider appropriate.

84 Consequential amendments etc

(1) The consequential amendments specified in Schedule 12 shall have effect.

(2) The Secretary of State may by regulations make such amendments or revocations of any instrument made under an Act as he thinks necessary or expedient in consequence of the coming into force of any of the provisions specified in subsection (4).

(3) The Secretary of State may, for the purposes of or in connection with the coming into force of any of the provisions specified in subsection (4), make by regulations any provision which could be made by an order bringing the provision into force.

(4) The provisions mentioned in subsections (2) and (3) are--

(a) Part IV;

(b) subsection (1) above so far as relating to paragraphs 14 to 63 of Schedule 12; and

85 Transitional provisions

(1) The Secretary of State may, for the purposes of or in connection with the coming into force of any provisions of Parts I and II, by regulations make such transitional adaptations or modifications--

(a) of those provisions, or

(b) in connection with those provisions, of any provisions of--

(i) this Act,

(ii) the [1993 c. 48.] Pension Schemes Act 1993, or

(iii) the [1995 c. 26.] Pensions Act 1995,

then in force,

as he considers necessary or expedient.

(2) For the purposes of subsection (1), section 88 so far as relating to Part I of Schedule 13, together with that Part of that Schedule, shall be taken to be comprised in Part II of this Act.

(3) No pension sharing order may be made--

(a) under section 24B of the [1973 c. 18.] Matrimonial Causes Act 1973 if the proceedings in which the decree is granted were begun before the day on which section 19 comes into force, or

(b) under section 31(7B) of that Act if the marriage was dissolved by a decree granted in proceedings so begun.

(4) Paragraph 3 of Schedule 3 does not have effect if the proceedings in which the decree is granted were begun before the day on which section 19 comes into force.

(5) Where an action of divorce or an action for declarator of nullity has been brought before the day on which section 20 comes into force--

(a) no pension-sharing order may be made under section 8(1) of the [1985 c. 37.] Family Law (Scotland) Act 1985, and

(b) neither paragraph (f) of section 28(1) nor paragraph (f) of section 48(1) shall apply,

in relation to that divorce or declarator.

(6) The Secretary of State may by regulations make such transitional or consequential provision, or such savings, as he considers necessary or expedient for the purposes of or in connection with--

(a) the coming into force of any provision of Part V, or

(b) the operation of any enactment repealed or amended by a provision of Part V during any period when the repeal or amendment is not wholly in force.

(7) For the purposes of subsection (6), section 88 so far as relating to Parts IV to VII of Schedule 13, together with those Parts of that Schedule, shall be taken to be comprised in Part V of this Act.

86 General financial provisions

(1) There shall be paid out of money provided by Parliament--

(a) any expenditure incurred by a Minister of the Crown or government department under this Act; and

(b) any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.

(2) There shall be paid into the Consolidated Fund any increase attributable to this Act in the sums which under any other Act are payable into that Fund.

87 Corresponding provisions for Northern Ireland

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to those of this Act--

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

88 Repeals

The enactments specified in Schedule 13 (which include certain enactments no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.

89 Commencement

(1) Subject to the provisions of this section, the provisions of this Act shall not come into force until such day as the Secretary of State may by order appoint.

(2) The following provisions shall not come into force until such day as the Lord Chancellor may by order appoint--

(a) sections 19, 21 and 22;

(b) section 84(1) so far as relating to paragraphs 1 to 4 and 64 to 66 of Schedule 12;

(d) section 88 so far as relating to the entries in Part II of Schedule 13 in respect of the [1973 c. 18.] Matrimonial Causes Act 1973, the [1984 c. 42.] Matrimonial and Family Proceedings Act 1984 and sections 9(8) and 16 of the [1996 c. 27.] Family Law Act 1996.

(3) The following provisions shall not come into force until such day as the Treasury may by order appoint--

(a) sections 73 to 78;

(b) section 84(1) so far as relating to paragraphs 74, 76 to 78 and 84 to 86 of Schedule 12; and

(4) The following provisions come into force on the day on which this Act is passed--

(a) sections 52, 57, 58, 60, 68 and 71;

(b) section 70 so far as relating to Part V of Schedule 8;

(d) sections 79 to 83;

(e) section 84(1) so far as relating to paragraphs 13, 79 to 83 and 87 of Schedule 12;

(f) section 84(2) to (4);

(g) section 85(1), (2), (6) and (7); and

(h) sections 86 and 87, this section and sections 90 and 91.

(5) The following provisions come into force on the day on which this Act is passed, but for the purpose only of the exercise of any power to make regulations--

(a) Parts I to IV;

(b) sections 59 and 61; and

(6) Without prejudice to section 83, an order under this section may appoint different days for different purposes or different areas.

90 Extent

(1) The following provisions extend to England and Wales only--

(a) section 15;

(b) paragraph 2 of Schedule 2, and section 18 so far as relating thereto;

(d) paragraphs 1 to 4, 64 to 66 and 70 to 72 of Schedule 12, and section 84(1) so far as relating thereto; and

(e) section 85(3) and (4).

(2) The following provisions extend to Scotland only--

(a) sections 13 and 16;

(b) paragraph 1 of Schedule 2, and section 18 so far as relating thereto;

(d) paragraphs 5 to 12 and 67 to 69 of Schedule 12, and section 84(1) so far as relating thereto; and

(e) section 85(5).

(3) The following provisions extend to England and Wales and Scotland only--

(a) Part I;

(b) sections 9 to 12, 14 and 17;

(d) sections 23, 24 and 26;

(e) Part IV except sections 42 to 44;

(f) Chapter I of Part V (except paragraph 1 of Schedule 8, and section 70 so far as relating thereto);

(g) sections 73, 75 and 77 and Schedule 9;

(h) section 79;

(i) paragraphs 1 to 8, 20 to 23, 32(b), 33, 35 and 37 of Schedule 11, and section 81 so far as relating thereto;

(j) paragraphs 14 to 63, 66(17), 76 to 80, 82, 83 and 87 of Schedule 12, and section 84(1) so far as relating thereto; and

(k) section 84(2) to (4).

(4) The following provisions extend to England and Wales, Scotland and Northern Ireland--

(a) paragraphs 3(1) and 16 of Schedule 2, and section 18 so far as relating thereto;

(b) sections 42 to 44;

(d) section 80;

(e) paragraphs 29 to 31 and 32(a) of Schedule 11, and section 81 so far as relating thereto;

(f) sections 82 and 83;

(g) paragraphs 13, 73 to 75 and 81 of Schedule 12, and section 84(1) so far as relating thereto;

(h) sections 85(1), (2), (6) and (7) and 86; and

(i) section 89, this section and section 91.

(5) The following provisions extend to Northern Ireland only--

(a) paragraph 7(2) of Schedule 2, and section 18 so far as relating thereto;

(b) sections 74, 76 and 78 and Schedule 10;

(d) paragraphs 84 to 86 of Schedule 12, and section 84(1) so far as relating thereto; and

(e) section 87.

(6) Nothing in the preceding provisions of this section applies to any repeal made by this Act; and the extent of any such repeal is the same as that of the enactment repealed.

91 Short title, general interpretation and Scottish devolution

(1) This Act may be cited as the Welfare Reform and Pensions Act 1999.

(2) In this Act--

"the Administration Act" means the [1992 c. 5.] Social Security Administration Act 1992;
"the Contributions and Benefits Act" means the [1992 c. 4.] Social Security Contributions and Benefits Act 1992.

(3) In this Act, except sections 84(2) and (3), 85(1) and (6) and 89, and in any Act amended by this Act, references to the coming into force of any provision of this Act are to its coming into force otherwise than for the purpose of authorising the making of regulations.

(4) For the purposes of the Scotland Act 1998, the following provisions shall be taken to be pre-commencement enactments within the meaning of that Act--

(a) paragraphs 8(3) and (4) and 10 of Schedule 12; and

(b) so far as relating to those provisions, sections 83, 84(1) and 89(1) and (5).

SCHEDULES

Section 6.

SCHEDULE 1 Application of 1993 and 1995 Acts to registered schemes

1 (1) The provisions specified in sub-paragraph (2) shall apply as if any pension scheme established under a trust which--

(a) is not an occupational pension scheme, but

(b) is or has been registered under section 2,

were an occupational pension scheme.

(2) The provisions are--

(a) subsections (4) to (9) of section 175 of the 1993 Act (levies towards certain expenditure); and

(b) the following provisions of Part I of the 1995 Act--

(i) sections 3 to 11, 13 and 15 (supervision by the Authority) except sections 8(1) and (2), 11(3)(c) and 15(1);

(ii) sections 27 to 31 (trustees: general);

(iii) sections 32 to 36 and 39 (functions of trustees) except the reference to sections 16(3)(b) and 25(2) in section 32(4), the reference to section 56 in section 35(2) and section 35(5)(b);

(iv) section 41 (functions of trustees or managers);

(v) sections 47 and 48 (advisers);

(vi) section 49 (receipts, payment and records) except subsections (5) and (8) to (13);

(vii) section 50 (resolution of disputes);

(viii) section 68 (power of trustees to modify scheme by resolution) except subsection (3);

(ix) sections 81 to 86 (the compensation payments) except section 81(1)(b);

(x) sections 91, 92 and 94 (assignment and forfeiture etc.) except section 91(5)(d);

(xi) section 96(2)(c) (review of decisions of the Authority);

(xii) section 108 (other permitted disclosures);

(xiii) section 110 (provision of information to Compensation Board);

(xiv) section 117 (overriding requirements); and

(xv) sections 124 and 125 (interpretation).

(3) Section 47(9) of the 1995 Act (as applied by sub-paragraph (1)) shall have effect as if the reference to any person who is or has been the employer were a reference to any person who, in pursuance of section 3(5), is or has been required--

(a) to deduct an employee's contributions to the scheme from his remuneration; and

(b) to pay them to the trustees or managers of the scheme or to a prescribed person.

(4) Section 68 of the 1995 Act (as so applied) shall have effect as if the purposes specified in subsection (2) included enabling the conditions set out in section 1 to be fulfilled in relation to the scheme.

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