Select Committee on Delegated Powers and Deregulation Seventeenth Report



ANNEX

LIST OF DELEGATED POWERS CONTAINED IN THE WELFARE REFORM AND PENSIONS BILL

PART I: STAKEHOLDER PENSION SCHEMES

CLAUSE 1 - MEANING OF "STAKEHOLDER PENSION SCHEME"

(1)(b)  conditions to be fulfilled

(1)(2)  establishment of scheme

(1)(3)  instruments establishing the scheme

(1)(4)  exceptions to money purchase benefits

(1)(5)  amounts to be deducted in respect of charges and expenses

(1)(7)  contributions to the scheme

CLAUSE 2 - REGISTRATION OF STAKEHOLDER PENSION SCHEMES

(2)(2)  conditions for registering a scheme

(2)(4)  civil penalties and prohibition orders

(2)(7)  register of stakeholder pension schemes

CLAUSE 3 - DUTY OF EMPLOYERS TO FACILITATE ACCESS TO STAKEHOLDER PENSION SCHEMES

(3)(1)  exemptions from employer access requirements

(3)(3)(b)  supply of relevant information to employees

(3)(5)  deduction of contributions from employees wages

(3)(5)(b)  payment of deductions

(3)(7)(b)  definition of qualifying scheme

(3)(7)(c)  definition of relevant employees

SCHEDULE 1 - APPLICATION OF 1993 AND 1995 ACTS TO REGISTERED SCHEMES

(3)(b)  payment of deductions

PART II - PENSIONS: GENERAL

CLAUSE 9 - MONITORING OF EMPLOYER'S PAYMENTS TO PERSONAL PENSION SCHEMES

(4)(b)  record of direct payment arrangements

(5)    time period for submitting the record

(6)    circumstances where no report of late or non-payment is required

(6)    time limit for submitting report

(7)    intervals within which statement must be sent

(7)    periods to be covered by statements

(15(b)  time limits for pay deductions reaching pension provider

(16)    payment of contributions to a 3rd party

(16)(b)  payment of contributions to a 3rd party

CLAUSE 10 - LATE PAYMENTS BY EMPLOYERS TO OCCUPATIONAL PENSION SCHEMES

(1)(8)  time limit for paying employee contributions  

(1)(9)(b)  exemptions to reporting breaches of time limit to OPRA

(1)(9)(b)  reporting breaches of time limit to OPRA

CLAUSE 11 - EFFECT OF PERSON'S INSOLVENCY ON HIS PENSION RIGHTS

(2)(h)  additional kinds of pension arrangements

CLAUSE 12 - EFFECT OF INSOLVENCY ON UNAPPROVED PENSION RIGHTS

(1)   unapproved pension schemes to be excluded

(3)   definition of qualifying agreement

(3)(b)  definition of unapproved pension arrangement

CLAUSE 15 - EXCESSIVE PENSION CONTRIBUTIONS MADE BY PERSONS WHO HAVE BECOME INSOLVENT

342C(4)  calculation and verification of value of pension rights

342C(8)  different provisions for different cases, transitional provisions etc

CLAUSE 16 - EXCESSIVE PENSION CONTRIBUTIONS MADE BY PERSONS WHO HAVE BECOME INSOLVENT (SCOTLAND)

36C(4)  calculation and verification of value of pension rights

36C(8)  transitional provisions etc

CLAUSE 17 - COMPENSATING OCCUPATIONAL PENSION SCHEMES

(2)   threshold requirement for payment of compensation

(6)   calculating maximum amount of compensation

SCHEDULE 2 - PENSIONS: MISCELLANEOUS AMENDMENTS

5. (3)(1A)(b)  conditions to be satisfied by an interim arrangement

7. (1)(c) (2B)  circumstances where a Contributions Equivalent Premium is not payable

7. (1)(c) (2C)  notifying the Inland Revenue about the premium

7. (2) (c) (2B)  circumstances where a Contributions Equivalent Premium is not payable  

7. (2) (c) (2C)  notifying the Inland Revenue about the premium

14.(1)(a)    certification of contribution rates

14.(2)    time limit for report on funding level

PARTS III AND IV - PENSIONS ON DIVORCE AND PENSION SHARING

SCHEDULE 3 - PENSION SHARING ORDERS: ENGLAND AND WALES

3. 24F(1)  period during which a pension sharing order may not take effect

6. (4) (4D)  stay period in relation to varying order

SCHEDULE 4 - AMENDMENTS OF SECTIONS 25B TO 25D OF THE MATRIMONIAL CAUSES ACT 1973

3. (2)25D(1)(b)  notification to new pension arrangement

3. (3)(a) 25D(2)  payment of sums due under pension earmarking orders etc

3. (4) 2C    provision of information by pension sharing arrangements etc

CLAUSE 22 - EXTENSION TO OVERSEAS DIVORCES ETC

(5) (4)  payment of sums due under pension earmarking orders etc

(5) (5)  supply of information from pension arrangements etc

PART IV - PENSION SHARING

CLAUSE 23 - SCOPE OF PENSION SHARING MECHANISM

(2)    exclusions from sharable rights

  1.   prior notice of proposed pension share in Scotland

CLAUSE 24 - ACTIVATION OF PENSION SHARING

(1)(f)(ii)  form of pension sharing arrangement in Scotland

(2)(a)  definition of "qualifying agreement"

(2)(b)  definition of "qualifying agreement"

(3)(a)  definition of agreement in Scotland

CLAUSE 25 - CREATION OF PENSION DEBITS AND CREDITS

(6)    disregarding benefits for calculation of cash equivalent

CLAUSE 26 - CALCULATION OF CASH EQUIVALENTS

(1)    calculation and verification of cash equivalents

CLAUSE 29 - TIME FOR DISCHARGE OF LIABILITY

(2)(a)  exceptions to notifying OPRA of failure to discharge liability

(4)    extension of implementation period

CLAUSE 30 - "IMPLEMENTATION PERIOD"

(1)(b)(ii)  provision of information relating to transfers

(4)(a)  notification of day on which implementation period begins

(4)(b)  suspension of implementation period

(4)(c)  modification of implementation period

CLAUSE 31 - MODE OF DISCHARGE OF LIABILITY

(2)(b)  liability for the credit to be discharged

SCHEDULE 5 - PENSION CREDITS: MODE OF DISCHARGE

1.(2)(b)  funded pension schemes - transfer of scheme rights where former spouse does not give consent

1.(3)(c)  funded pension schemes - discharge of liability where former spouse does not give consent

2.(3)  unfunded public service pension scheme closed to new members

3.(3)(c)  other unfunded occ pen schemes - discharge of liability where former spouse does not give consent

4.(2)(c)  other pension arrangements - discharge of liability where former spouse does not give consent

4.(4)  other pension arrangements - discharge of liability for pension credit

5.(b)  other pension arrangements - calculation of benefits in respect of pension credit

6.(2)(b)  other pension arrangements - definition of qualifying pension arrangement

7.(1)(b)  transfer of pension credits

7.(2)(a)  schemes which can become destinations for pension credits

7.(2)(b)  protection of pension credit rights

7.(3)  disqualification of certain schemes as destinations for pension credits

7.(4)  determining suitable destinations for pension credits

7.(6)  definition of contracting-out rights

8.(1)(d)  additional circumstances before pension credit may be reduced

8.(2)  determination of whether a scheme is underfunded

9.    reduction of pension credit

10.     increasing the amount of a pension credit

CLAUSE 32 - SAFEGUARDED RIGHTS

68A (5)  definition of contracted-out rights

68B    requirements in respect of safeguarded rights

68D  restriction of discharge of liability of safeguarded rights

CLAUSE 33 - REQUIREMENTS RELATING TO PENSION CREDIT BENEFIT

101A(1)(b)  preservation of benefit for early leavers from occ pen schemes

101C(2)  payment of lump sums before normal benefit age

101D(1)(b)  payment of pension credit assured by insurance policy etc

101D(2)(b)  alternatives to pension credit benefit

101D(4)(b)  alternatives to pension credit benefit without member's consent

101E(1) (c)  discharge of liability to provide pension credit benefit

101E(2)  transfers without the consent of former spouse  

101F(2)(b)  ways in which former spouse may exercise right to transfer pension credit

101F(2)(c)  ways in which former spouse may exercise right to transfer pension credit

101F(3)(b)  ways in which former spouse may exercise right to transfer pension credit

101F(6)  definition of scheme eligible to receive a transfer payment

101H(2)(a)  determination of the amount of a cash equivalent

101H(2)(b)  determination of the amount of a cash equivalent

101H(3)  applications for transfers

101I  calculation and verifications of cash equivalents

101 J (2)  extending the period for complying with transfer notice

101J(4)(a)  exemptions to requirement to notify OPRA of failure to comply with transfer notice

101J(6)(a)  applications for extension of 6 month period for complying with transfer notice    

101J(6)(b)  circumstances in which 101J(4) will not apply

101L(1)  reduction of cash equivalents

101P(2)(b)  definition of occ pen scheme as salary-related

101Q  modifications to Part IV, Chapter I

CLAUSE 36 - OTHER PENSION SCHEMES

(1)    increases in pensions  by RPI (up to cap of 5%)

CLAUSE 37 - CHARGES BY PENSION ARRANGEMENTS

(1)    recovery of charges from member or former spouse

CLAUSE 39 - POWER TO EXTEND JUDICIAL PENSION SCHEMES

(1)    implementation of pension sharing in respect of judicial schemes

CLAUSE 41 - INFORMATION

(1)    supply of information about pension sharing orders

CLAUSE 44 - ACTIVATION OF BENEFIT SHARING

(1)(f) (ii)  form in which pension sharing order must be agreed in Scotland

(2)(a)  definition of "qualifying agreement"

(2)(b)  definition of "qualifying agreement"

(3)(a)  definition of agreement in Scotland

CLAUSE 45 - CREATION OF STATE SCHEME PENSION DEBITS AND CREDITS

(4)    Calculation of cash equivalent of SERPS rights

SCHEDULE 6 - EFFECT OF STATE SCHEME PENSION DEBITS AND CREDITS

2. 45B (7)  calculation of cash equivalents

3. 55A(6)  calculation of cash equivalents of shared additional pension

3. 55B(7)  reduction of shared additional pension

3. 55C(9)  definition of incremental period

PART V - WELFARE

CLAUSE 48 - EXTENSION OF ENTITLEMENT TO STATE MATERNITY ALLOWANCE

35A.(4)  calculation of average weekly earnings

35A.(7)  uprating the "maternity allowance threshold"

CLAUSE 52 - CLAIM OR FULL ENTITLEMENT TO CERTAIN BENEFITS CONDITIONAL ON WORK-FOCUSED INTERVIEW

2A(1)  imposing the requirement to take part in a work-focussed interview

CLAUSE 53 - OPTIONAL WORK-FOCUSED INTERVIEWS

2C(1)  local authority functions in connection with voluntary interviews

2C(2)  local authorities to give assistance to people making claims for prescribed benefits

SCHEDULE 7 - COUPLES TO MAKE JOINT-CLAIM FOR JOBSEEKER'S ALLOWANCE

2.(3) 2C  circumstances in which a member of a joint-claim couple can make a single claim  

2.(3) 2D  joint-claims from members of polygamous marriages

2.(4)(b)  exemptions from requirement to make a joint-claim  

4. 3A (e)(ii)  joint-claims where one member is 16 or 17

7.(3)1A  joint-claim couples to attend interviews, provision of information about availability for work etc

7.7    good cause for failing to attend or provide information

9. (2) 2A  capital limits for joint-claim couples   

9. (2) 2A  capital of joint-claim couples to be disregarded

9. (2) 2B  treatment of income and capital of a joint-claim couple

10. 15A (4)  treatment of joint-claim couples involved in trade disputes

11. 1A  reduction in amount of JSA where one of the couple is 16 or 17 and receives a sanction

13. 20A (3)  length and starting point of sanction for failure to attend employment programme etc

13. 20A (5)(b))  reduced payment where only one member of the couple is subject to a sanction

13. 20A (8)  period of sanction for leaving employment voluntarily etc

13. 20B(3)  no sanctions for leaving or refusing "trial period" employment

13. 20B(4)  circumstances in which income-based JSA is payable during a sanction   

13. 20B(5)  requirement to provide information about the person in hardship

13. 20B(7)  meaning of "trial period"

13. 20B(8)  start of employment for the purposes of a "trial period"

16.(2) 8A(1)  circumstances where JSA would still be payable even though one member of the couple might not be able to satisfy all of the conditions

16.(2) 8A(2)  circumstances where a couple are entitled to joint-claim JSA without having made a claim for it

16.(4) 9A(1)  persons who cease to be members of a joint-claim couple

16.(4) 9B(1)  persons who cease to be members of a joint-claim couple and then become members of a joint-claim couple again

16.(4) 9C(1)  persons who become members of a joint-claim couple

16.(4) 9D(1)(a)  manner of calculating JSA award

16.(4) 9D(1)(b)  provision of information or evidence

16. (5)  payment of JSA on hardship grounds where a decision on entitlement is pending or where payment has been suspended

CLAUSE 55 - SPECIAL SCHEMES FOR CLAIMANTS OF JOBSEEKER'S ALLOWANCE

(1)    special arrangements to be made for JSA claimants to participate in prescribed schemes in geographically defined areas. Employment Zones will be set up under these powers

(7)    specifying employment status and treatment of sums paid to participants

CLAUSE 56 - INCAPACITY FOR WORK: PERSONAL CAPABILITY ASSESSMENTS

171C(2) (a)  definition of a personal capability assessment

171C(2) (b)  manner for assessing whether a person is incapable of work

171C(3)  treating people as incapable of work pending a decision

171C(4)  exceptions to early commencement of the personal capability assessment process

SCHEDULE 8 - INCAPACITY

23.2  provision of information or evidence in connection with the personal capability assessment

CLAUSE 57 - INCAPACITY BENEFIT: RESTRICTION TO RECENT CONTRIBUTORS

(4) (8)(a)  first contribution condition to be treated as satisfied by people in a specified class

(4) (8)(b)  first contribution condition to be applied in modified form to particular groups    

CLAUSE 58 - INCAPACITY BENEFIT: REDUCTION FOR PENSION PAYMENTS

30DD(1)  income from occupational, personal and public service pensions in excess of a specified amount to be taken into account

(3) (b)  how pension income may be apportioned and taken into account on a weekly basis

(3) (c)  other types of payment may be specified and taken into account

CLAUSE 59 - INCAPACITY BENEFIT: PERSONS INCAPACITATED IN YOUTH

(3) (2A) (b)  age 20 cut off point to be extended to 25 in prescribed circumstances

(3) (2A) (d)  definition of residence and presence conditions

(5)    circumstances in which a person is or is not to be treated as receiving full-time education

CLAUSE 61 - ATTENDANCE ALLOWANCE

(1)    circumstances in which the night attendance or day attendance conditions of entitlement are to be taken as met or not met.

CLAUSE 64 - CHILD BENEFIT: CLAIMANT TO STATE NATIONAL INSURANCE NUMBER

1C    certain categories of people to be exempt from the requirement of producing a national insurance number

CLAUSE 66 - SHARING OF FUNCTIONS AS REGARDS CLAIMS AND INFORMATION

7A(1)  receiving claims for social security benefits

7A(2)  forwarding claims and information etc to other relevant bodies

CLAUSE 67 - SUPPLY OF INFORMATION FOR CERTAIN PURPOSES

(1)    how, when and by whom social security information may be supplied and used

SCHEDULE 9 - NEW THRESHOLD FOR PRIMARY CLASS 1 CONTRIBUTIONS

1.5(1)  earnings limits and thresholds

1.5(4)  limits and thresholds where employees' earnings periods are other than weekly

2.6(3)  exceptions to primary Class 1 NICs not being payable after pension age

2.6(6)  reduced primary and secondary Class 1 NICs

3.6A(4)  exceptions and modifications to protection of employees' rights  

6.(3)(1D)  recovery of rebates in respect of salary related contracted out schemes

6.(3)(1E)  recovery of overpaid salary related rebates from employer

7.(3)(2C)  recovery of rebates in respect of money purchase contracted out schemes

7.(3)(2D)  recovery of overpaid money purchase related rebates from employer

SCHEDULE 10 - NEW THRESHOLD FOR PRIMARY CLASS 1 CONTRIBUTIONS - NORTHERN IRELAND

1.5(1)  amount of primary earnings threshold

1.5(4)  limits and thresholds where employees' earnings periods are other than weekly

2.6(3)  exceptions to primary Class 1 NICs not being payable after pension age

2.6(6)  reduced primary and secondary Class 1 NICs

3.6A(4)  benefit rights of individuals not to be enhanced as a result of deeming provisions

6.(3)(1D)  recovery of rebates in respect of salary related contracted out schemes

6.(3)(1E)  recovery of overpaid salary related rebates from employer

7.(3)(2C)  recovery of rebates in respect of money purchase contracted out schemes

7.(3)(2D)  recovery of overpaid money purchase related rebates from employer

CLAUSE 70 - EARNINGS OF WORKERS SUPPLIED BY SERVICE COMPANIES ETC

4A(1)  relevant payments or benefits to be treated as earnings

4A(9)  modifications may be made by order

CLAUSE 71 - EARNINGS OF WORKERS SUPPLIED BY SERVICE COMPANIES ETC: NORTHERN IRELAND

4A(1)  relevant payments or benefits to be treated as earnings and the extent to which they can be so treated

4A(9)  modifications may be made by order

CLAUSE 74 - MEASURES TO REDUCE UNDER-OCCUPATION BY HOUSING BENEFIT CLAIMANTS

(1)    details of the scheme

(1)(a)  amount of payment to be made

(8)    procedure under which local authorities will be reimbursed for the payments they make

(9)    exceptions to the provisions of the Administration Act


 
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