Select Committee on Delegated Powers and Deregulation Thirteenth Report


Annex

LIST OF DELEGATED POWERS CONTAINED IN THE CHILD SUPPORT, PENSIONS AND SOCIAL SECURITY BILL



NoClause or Schedule
Subject
to
affirmative
Procedure
Area
  Clause 1: Schedule 1 (substituted Pt 1 of Sch.1 to 1991 Act)
  
Calculation of CS maintenance
1.3(2)
Y
Reduced rate payable
2.4(1)(b)
  
Amount of flat rate payable
3.4(1)(c)
  
"
4.4(2)
  
Adjustment of flat rate payable
5.5(a)
  
Provisions under which nil rate is payable
6.7(3)
  
Period of calculation for shared care for flat rate
7.8(2)
  
Period of calculation for shared care flat rate
8.9(a),(b) and (c)
  
a)which nights count for shared care calculation
b)what counts as "care" for these purposes
c)use of periods other than twelve months in shared care
9.10(1)
Y
Net weekly income
10.10A(1)(a) and (b)
Y
a) use of percentages different to 15/20/25%
b) use of amounts other than those set out
11.10A(2)(a) and (b)
  
a) use of different amounts of nights and fractions in shared care
b) figure to be deducted for ½ shared care
12.10B(a),(b) and (c)
  
a) where somebody has deliberately deprived himself or herself of income the Secretary of State can estimate it.
b) treating a person as possessing income he or she does not possess
c) disregarding income a person possesses
13.10C(2)(b)
  
Description of relevant other children
  Clause 2
  
Child Support maintenance
14.2(2)
  
Excludes maintenance orders before a prescribed date
  Clause 3 (substituted s 6 of 1991 Act)
  
Applications for maintenance
15.6(1)
  
Prescribed benefits for applications from those on benefit
16.6(7)
  
Powers to obtain information on the non- resident parent from the parent with care.
17.6(8)(a)
  
Circumstances under which information does not have to be provided
18.6(8)(b)
  
Circumstances under which the Secretary of State can waive obligation to provide information
19.6(11)
  
Transitional provisions where Secretary of State is asked to cease to act under subsection (9) of this clause
  Clause 4 (substituted s 12 of 1991 Act)
  
Default etc maintenance decisions
20.12(4)
Y
Provision as to default and interim maintenance decisions
  Clause 5(2) (substituted ss 28A-28C of 1991 Act)
  
Departures
21.28A(5)
  
Manner for making an application for a variation
22.28B(2)(c)
  
Provisions under which the Secretary of State may reject an application for variation
23.28C(2)(b)
  
Regular payment condition which may have to be fulfilled before a variation application from a non-resident parent will be considered
24.28C(5)
  
Circumstances where the Secretary of State may refuse a variation when the regular payments condition has not been fulfilled
  Clause 5(5) (substituted s 28F)
  
"
25.28F(2)(b)
Y
Circumstances that must or must not be taken into account when the Secretary of State decides if a variation would be just and equitable
26.28F(3)(b)
  
Circumstances where Secretary of State shall not agree to a variation
27.28F(5)
  
Circumstances in which an appeal against an IMD will not lapse following a maintenance calculation.
  Clause 6: Schedule 2 Pt 1 (substituted Sch 4A to 1991 Act)
  
Applications for a variation
28.2 (a) and (b)
  
(a)procedure for considering a variation
(b)procedure for referring a variation to an
appeals tribunal
29.3
  
When the preliminary consideration of a
variation application has been completed
30.4
  
Period within which information should be
given to the Secretary of State to decide
upon a variation application
31.5(1)
  
Two or more variation applications for the same application for maintenance can be considered together
  Clause 6: Schedule 2 Pt II (substituted Sch 4B to 1991 Act)
  
Applications for variation: cases
32.2(2)
Y
what qualifies as special expenses
33.2(3)
Y
a) what debts taken into account in the
granting of special expenses
b)(iii) what children for whom debts are
incurred are taken into account in the
granting of special expenses
34.2(4)(a)
Y
Definition of "disability" and "illness"
35.2(4)(b)
Y
Definition of long term
36.2(5)(a)
Y
Definition of boarding school fees
37.2(5)(b)
Y
Allowable components of boarding school
Fees
38.3(1)(a)
Y
Definition of court order
39.3(1)(b)
Y
Definition of a maintenance agreement
40.3(2)
Y
Definition of qualifying transfers of
property and prescription of the minimum
value of property which has been
transferred
41.4(1)
Y
Additional cases where a variation may
be granted
42.5(1)
Y
Modifications to the normal rules for making a maintenance assessment when a variation has been agreed. In particular, that a person may be treated as having more or less income or be liable to pay a higher or lower amount of maintenance
43.5(5)
Y
Different provisions with respect to different levels of income
44.5(6)
Y
Shared care rules and adjustments
  Clause 7 (substituted s 28G)
  
Variations: revision etc
45.28G(2)
  
Secretary of State may modify certain sections of the 1991 Act in relation to variation applications made after the calculation of maintenance has been made
46.28G(3)
  
Secretary of State, when superseding a
decision under section 17, may make a
decision on the basis of a variation agreed to
in respect of an earlier decision
  Clause 9(3) (new s 17(4A) of 1991 Act)
  
Superseding decisions
47.17(4A)
  
Maintenance period may be given a
different definition
  Clause 10 (substituted s 20 of 1991 Act)
  
Appeals to appeal tribunals
48.20(3)
  
what notice a person with a right of appeal
against a decision or imposition will be given
49.20(4)
  
how, and in what time, an appeal must be brought
50.20(5)
  
Conditions for appealing follow the rules for appealing for other Social Security Benefits
  Clause 16(3) (new s 40B of 1991 Act)
  
Disqualification from driving
51.40B(3)(b)
  
an order disqualify from driving should
include costs
52.40B(10)
  
how disqualification orders will work
53.40B(11)
  
Modifies the section in its application to Scotland
  Clause 17(2) (new s 40A)
  
Civil imprisonment: Scotland
54.40A(4)(a)(ii)
  
expenses of commitment
55.40A(8)
  
provision for the Secretary of State to
reduce the period of imprisonment due to
partial payment of arrears
56.40A(10) Acts of Sederunt
  
(a)form of any warrants issued
(b)renewal of an application where no
warrant is issued or term of imprisonment
fixed
(c) a statement in writing that wages have
been paid to the liable person in a given
period will be sufficient evidence of the
facts stated
(d) sheriff may call the liable person before
him and may issue a warrant for his arrest
(e) sheriff can issue a warrant for arrest
without first issuing a citation
(f) the execution of a warrant of arrest
  Clause 18(2) (new s 41A of 1991 Act)
  
Financial penalties
57.41A(1)
Y
Provision for penalty payments for those in
arrears
  Clause 19 (substituted s 46)
  
Reduced benefit decisions
58.46(5)
Y
Except in prescribed circumstances, if Secretary of State finds grounds for granting "good cause" he can issue reduced benefit direction.
59.46(10)(b) and (d)
Y
Amount of reduction and period of reduction of a reduced benefit direction: definition of specified period
  Clause 20(1) (new s 28J)
  
Voluntary payments
60.28J(3)
  
(a)circumstances for setting off voluntary
payments against arrears
(b)amount payable under maintenance
calculation may be adjusted to take account
of the voluntary payment
61.28J(5)
  
Provisions for what counts as a voluntary payment
  Clause 21 (substituted s 43)
  
Recovery of arrears by deductions
62.43(1)(b)
Y
conditions that have to be satisfied before a
deduction can be made
63.43(2)
  
Allows arrears to be deducted from benefits, by means of regulations under subsection (1)(p) of section 5 of the Social Security Administration Act 1992.
  Clause 22(3) (new s 44(2A)
  
Jurisdiction
64.44(2A)(c)
Y
Description of a company to be included in this section
65.44(2A)(d)
Y
Employed by a body, to be set out in regulations, such as a local authority
  Clause 26: Schedule 3
  
Amendments
66.11(4)(b)(iii)
  
Restrictions upon an application by a child in Scotland
67.11(15)
  
Collection of a periodical payment of a prescribed type
68.11(16)
  
Protects a set percentage of earnings when maintenance collected by deduction from earnings
69.11(18)
  
Incidental, supplemental and transitional provisions
70.11(19)(d)
  
Amendment to definition of "maintenance assessment"
  Clause 27
  
Temp. Compensation payment
71.27(1)(a)
Y
date before which a maintenance
assessment must be made to qualify for the
compensation scheme
72.27(2)
Y
provisions to include under this clause of
types of arrears other than those specified
and the exclusion of types of arrears that
are specified
73.27(3)
  
a) circumstances for agreement between
Secretary of State and the non-resident parent for the non-resident parent to pay less than the whole arrears
b) agreement between the Secretary of Sate and the non-resident parent for the Secretary of State not to pursue arrears
74.27(4)
  
the specified terms of temporary compensation scheme
75.27(9)
Y
Use of dates other than those prescribed in section (5) of this clause
  Clause 28
  
 
76.28(1)
Y
Provisions creating pilot schemes to have effect for a period not longer than 12 months
  Clause 29
  
Transitional provisions
77.29(2)
  
power to make regulations to allow the smooth introduction of the new legislation, such as transitional provisions
78.29(3)
  
What regulations may in particular make provision for, such as, setting child support at a transitional rate resulting from the phasing in of the new child support scheme
  Clause 30(3) (new s 44A of CBA)
  
Earnings from which S2P derived
79.44A(2)(c)(ii)
  
Power to prescribe conditions by which someone can be treated as precluded from regular work by responsibilities at home and thereby be treated, for State Second Pension, as if they had earnings at the Lower Earnings Threshold (LET) for that year.
  Clause 31: Schedule 4A Part II
  
Calculation of Additional Pension
80.2(5)
  
Calculate State Second Pension entitlement on earnings, actual or treated, at the LET.
  Clause 31: Schedule 4A Part IV
  
Calculation of Additional Pension
81.9
  
Changes in circumstances within a year.
  Clause 33(1) (new s 148A)
  
Revaluation of Low Earnings Threshold
82.148A(3)
  
Increase the LET before the year in which State Second Pension is increased and annually thereafter.
  Clause 35
  
 
83.14
  
Defines "first and second appointed years" as year in which State Second Pension will be introduced and year in which State Second Pension will become a flat-rate scheme
  Clause 37
  
SERPS "part years" provision
84.37(1)
  
Provides the power to make regulations to allow for the current arrangements for calculating SERPS for people with "part years" of contributions to continue.
85.37(2)
  
Extends application of regulations to all relevant circumstances.
86.37(5)
  
Allows calculations made before new regulations come into effect to be recalculated.
  Clause 38
  
Inherited SERPS Scheme
87.(3)
Y
Provides a power to further delay the change in the rate of inheritable SERPS.
88.(4)
Y
Allows broadening of the eligibility criteria for the scheme.
89.(5)
Y
Allows the regulations to set the criteria for evidence under the Scheme.
  Clause 39 (new para 5(7)A of Sch 3 to CBA)
  
Home Responsibilities Protection
90.(7A) new sub-paragraph
  
Provision of information by those wishing to claim Home Responsibilities Protection.
  Clause 40 (s49 of WRPA 1999 and s.45B(7),55A(6) and 55B(7) of SSCBA 1992 as amended)
  
Sharing of state scheme rights
91.New section 49(4)
  
Provides Secretary of State with the power to sub-delegate the valuation of state scheme rights
92.New Section 45B(7)
  
"
93.New Section 55A(6)
  
"
94.New Section 55B(7)
  
"
  Clause 41
  
Disclosure of state pension information
95.41(2)(a)
  
An application to the Secretary of State for disclosure must be made in a prescribed manner
96.41(2)(b)
  
Prescribed conditions must be complied with for a disclosure to be made
97.41(4)(a)
  
Prescribed conditions for disclosure to providers of financial information services
98.41(4)(b)
  
Prescribed conditions for disclosure to trustees or managers of occupational and personal pension schemes and employers
99.41(5)(a)
  
Prescribe steps have to be taken to enable individuals to object to disclosure
10041(5)(b)
  
A prescribed time must elapse for individuals to object to disclosure
10141(6)
  
Power to make regulations to specify what information may be used to ensure that the right information is disclosed.
  Clause 42 (changes to s16 of PA 1995)
  
Member-nominated trustees
10216(9)(a)
  
power to prescribe additional requirements for nomination and selection arrangements
10316(9)(b)
  
power to prescribe details of the nomination and selection process
10416(10)(c)
  
power to exempt certain schemes from the requirements
  Clause 43 (changes to s18 of PA 1995)
  
Member-nominated trustees
10518(8)(b)
  
requires decision not to aggregate memberships of more than one scheme to be made in a prescribed manner.
10618(9)(a)
  
power to prescribe additional requirements for nomination and selection arrangements
10718(9)(b)
  
power to prescribe details of the nomination and selection process
10818(10)
  
power to exempt certain schemes from the requirements
  Clause 44(1) (new s 18A of PA)
  
Member-nominated trustees
10918A(1)(c)
  
power to provide that arrangements under this section comply with additional requirements (MNTs)
11018A(1)(d)
  
power to prescribe details of the statutory consultation procedure (MNTs)
11118A(1)(e)
  
power to prescribe other conditions that must be satisfied in relation to arrangements under this section (MNTs)
11218A(2)(c)
  
power to provide that arrangements under this section comply with additional requirements (MNDs)
11318A(2)(d)
  
power to prescribe details of the statutory consultation procedure (MNDs)
11418A(2)(e)
  
power to prescribe other conditions that must be satisfied in relation to arrangements under this section (MNDs)
11518A(4)(a)
  
power to prescribe how and when arrangements under this section are implemented
11618A(4)(b)
  
power to prescribe what will happen when approval of arrangements under this section ceases.
11718A(5)
  
provides for regulations to determine the prescribed conditions under which Opra can deem approval of arrangements
11818A(6)
  
power to prescribe organisations that can make nominations for MNT/MNDs
11918A(7)
  
power to disapply this section in relation to certain schemes
  Clause 45 (amends s 21 of the PA)
  
 
12021(4)
  
power to prescribe time limits for implementing nomination and selection arrangements
  Clause 46(2) (new s 26B and 26C of PA 1995)
  
Information to be given to Opra
12126B(3)(b)
  
Period after the employer's insolvency when notifications need not be made
12226B(3)(c)
  
Other times when notifications need not be made
12326C(2)
  
Other persons who will not be treated as involved in the administration of a scheme.
12426C(3)
  
Enlarged time limits in which Opra must be notified
12546(3) (s.118(2) of PA 1995)
  
Schemes to which the requirements will not apply
12646(4) (new s 118(3) of PA 1995)
  
Other persons to whom the requirement to notify Opra is to apply
12746(5)
  
Who is to be treated as a trustee of a scheme
  Clause 47 (new s 71A of PA 1995)
  
Modification of schemes which are winding-up
12871A(3)
  
Applications other than in writing
12971A(4)
  
Requirements applying to applications and who must be told about the application
13071A(7)
  
When provisions will not apply or will apply differently
  Clause 48(1) (new s 72A)
  
Reports about winding-up
13172A(1)(b)
  
When the requirement to make a report applies
13272A(2)
  
When the first report must be made
13372A(7)(a)
  
What information must be included in the report
13472A(7)(b)
  
How the report must be made
13572A(8)
  
When a report is not required, how applications for the postponement of subsequent reports must be made, and different intervals for the making of the second or later reports
  Clause 48(2)
  
The date when winding-up begins
136124(3E) of the PA 1995
  
Cases where the definition does not apply
  Clause 48(3) (new s 49A)
  
Records which must be kept
13749A(1)
  
When records need not be kept
13849A(2)(b)
  
Persons, apart from trustees and managers of schemes, who must also keep records
13949A(3)
  
What the record must contain
  Clause 49 (new s 72B)
  
Directions by Opra during winding-up
14072B(2)(c)(iii)
  
Persons (other than trustees, managers or those involved in the administration of the scheme) to whom failure to provide information constitutes grounds for Opra to issue a direction
14172B(2)(e)
  
Other circumstances which constitute grounds for Opra to issue a direction
14272B(3)
  
Circumstances in which Opra can issue a direction even though a report under clause 46 is not required
14372B(4)
  
Circumstances where Opra may not issue a direction unless the trustees or managers of a scheme have asked Opra to do so
14472B(5)(c)
  
Persons(other than trustees, managers, or those involved in the administration of a scheme) to whom Opra can issue a direction
14572B(6)(c)
  
Persons (other than trustees, managers, or those involved in the administration of a scheme) to whom Opra can direct information should be given
14672B(8)
  
Limitations on Opra's powers to direct and the timing of any application for the extension of the time limit for complying with any direction
14772B(10)
  
Other persons who may not be treated as involved in the administration of a scheme.
  Clause 50(2)(new s.51A)
  
Indexation Measure
14851A(1)(c)
  
Area restriction on index linking where annuity tied to investments.
  Clause 51 (s 113 of PSA 1993)
  
Info. for scheme members
149113(1)(ca)
  
permits regulations to require schemes to provide projections of money purchase benefits
150113(3A)
  
permits regulations to sub-delegate responsibility for calculating pension projections to a prescribed body
151113(3B)
  
Cases when Opra can extend the period in which information must be provided and the timing and content of the applications for an extension
  Clause 53
  
New rules under PO(P) rules
15253(4)
  
Appointing a representative for groups of complainants
15353(5)
  
Process for obtaining legal expenses
  Clause 55: Schedule 5
  
 
15412(1) (new s 41(5))
  
Duties relating to statements
15512(1) (new s 41(5A))
  
"
15612(2) (new s 49(9)(c))
  
"
15712(4) (new s 88(5))
  
"
15814(3)(c)
  
Alternative to anti-franking
15914(4)
  
"
16017(6)
  
"
  Clause 56(1) (new s 5A of PAT Act)
  
War Pensions: rights of appeal
1615A(2)
Y
Right of appeal for specified decisions
  Clause 57(2) (new s 8(4) of PAT Act)
  
Time limit for appeals
1628(4)
Y
Provision to change time limits in the future
1638(5)
Y
Late appeals
  Clause 61
  
Loss of benefit
16461(2)
  
"Relevant benefits" shall not be payable for a prescribed period.
16561(3)
  
If the benefit is Income Support (IS) regulations may prescribe a reduced amount to be paid.
16661(4)
  
If the benefit is JSA, regulations may prescribe an amount of income-based JSA to be paid for the prescribed period.
16761(5)
  
If the benefit is a Training Allowance, regulations may prescribed the amount which is to be paid.
16861(8)
  
Regulations may prescribe a period for which a notification of a breach of community sentence remains valid.
16961(9) (relevant benefit (c))
  
Any benefit (other than IS) payable under the Social Security Contributions and Benefits Act 1992 may be prescribed as a "relevant benefit".
17061(9) (relevant community order (d))
  
These provisions may apply to any community order under the Criminal Justice Act 1991.
17161(11)(d)(ii)
  
Permits an Order made under the Criminal Procedures (Scotland) Act 1995 to be prescribed as a "relevant community order".
  Clause 62
  
Loss of joint-claim JSA
17262(2)
  
JSA shall not be payable to a joint-claim couple for the prescribed period.
17362(3)(a)
  
Allows a method to be prescribed for calculating the reduced benefit to be paid to a joint-claim couple.
17462(7)
  
Regulations may prescribe a period for which a notification of a breach of community sentence remains valid.
  Clause 63
  
Information provision
17563(2)
  
Regulations may prescribe the time and manner in which Probation Services will notify the benefits office of breach proceedings.
17663(3)
  
Allows court rules to prescribe the time and manner that Courts in Scotland will notify the benefits office of breach proceedings.
17763(5) and (7)
  
Regulations may cover the use and supply of information between relevant parties.
  Clause 64
  
Loss of benefit regulations
178641)
  
Defines "prescribed" for the purposes of the "loss of benefit" regulations.
17964(2)
  
Allows regulations to prescribe the date from which the sanction will commence
18064(3)
  
The negative resolution procedure applies to regulations made under the "loss of benefit" provisions, apart from regulations covered in 60(4).
18164(4)
Y
The affirmative resolution procedure must be used to amend the range of benefits or community sentences covered by these provisions.
18264(5)
  
Applies s.189(4) to (6) of the Social Security Administration Act 1992 to regulations made under these provisions.
18364(6)
  
Regulations may vary in different areas.
18464(7)
  
Regulations may be used to modify these provisions to reflect any changes to Community Orders that may be made in Scotland.
  Clause 67: Schedule 7
  
Decision making and appeals - HB/CTB
1853(1)
  
Power for local authority to revise a decision on HB/CTB.
1863(4)
  
Power to prescribe the cases or circumstances in which revision shall take effect from a different date.
1873(6)
  
Provides that circumstances may be prescribed in which an appeal will no lapse when the decision is revised.
1884(4)
  
Power for local authority to supersede a decision.
1894(6)
  
Power to prescribe cases and circumstances in which a decision to supersede will come into effect from a different date.
1906(1)(b)
  
Sets out decisions that may be appealed
1916(2)(e)
Y
Provides for further regulations to be introduced to restrict the decisions which may be subject to appeal.
1926(4)
Y
This restricts the powers to prescribe regulation in respect of person affected.
1936(5)
  
Clarifies nature and limitations of the regulation power in (4) above.
1946(8)
  
Provides for regulations to set out the manner and time for making appeals.
1957(4)
  
Defines principle parties to an appeal and provides that regulations may prescribe the circumstances in which the Secretary of State may be considered a party when he is not the applicant.
1968(7)(b)
  
Provides for leave to appeal to be given by a Commissioner.
1978(7)(c)
  
Provides for leave to appeal to be given by someone other than the tribunal or a Commissioner
1988(8)
  
Power to prescribe the manner and time in which appeals and applications for leave to appeal should be made.
1999(2)
  
Provides that regulations may provide for leave to appeal to be considered by a different Commissioner
2009(3)
  
Power to prescribe the time and manner in which applications for leave to appeal must be made and the procedure for dealing with such applications.
20110(1)
  
Power to introduce regulations on procedure for decision making and appeals as specified in the Social Security Act 1998 for other benefits
20210(2)
  
Provides that procedures for hearings before a Commissioner shall be in public (unless the Commissioner directs otherwise.)
20310(3)(a)
  
Power to make provision for the appellant to be represented (no professional qualification required)
20410(3)(b)
  
Confers the right of the Secretary of State to be heard at any proceedings before a Commissioner.
20512
  
Power to make interim decisions whilst a decision is pending
20613(1)
  
Power to suspend payments
20713(2)
  
Provides that benefit may be suspended if there is; a question of doubt about entitlement; a question whether to revise or supersede a decision; an appeal is pending or if the decision may need to be revised following an appeal in another case.
20813(3)(c)
  
Defines when an appeal is pending. Regulations will cover cases where an appeal or application for leave to appeal has not been made and the time limit for doing so has not expired.
20914(2)
  
Power to suspend payment of benefit if the person has failed to supply information.
21015(1)
  
Power to terminate claim if person fails to supply information and payment has been suspended.
21116(3)
  
Power to delay making a decision on a case, in certain circumstances, whilst an appeal is pending or for the local authority to make the decision on such a basis as maybe prescribed.
21216(5)
  
Defines when an appeal is pending.
Regulations will cover cases where an appeal or application for leave to appeal has not been made and the time limit for doing so has not expired.
21317(9)
  
Power to provide further regulations on appeals involving issues that arise on appeal in other cases.
21418(8)
  
Power for regulations to prescribe how the date of the relevant determination is to be determined.
21518(9)
  
Power for regulations to prescribe how the date of the relevant determination is to be determined.
21619
  
Power for regulations to correct accidental errors in a decision or the record of a decision, and for setting aside decisions in specified cases.
21720(1)
  
Power to make regulations is to be exercised by the Lord Chancellor or the Secretary of State.
21820(2)
  
Power to make different provision for different areas or relevant authorities.
21920(3)
  
Provides that the powers to make sub-ordinate legislation contained in subsections 4-7 of Section 79 of the 1998 Act will apply to this Schedule as they do to those to make regulations under that Act.
22020(4)
Y
Provides that regulations made under paragraph 6(2)(e) and (4) will be by affirmative resolution of both Houses.
22120(5)
  
Provides that all the other regulations made under this schedule will be made by negative procedures.
22223
  
Power to prescribe who is and who is not to be treated as a person affected by any decision of a relevant authority
  Clause 68
  
Discretionary financial assistance with housing
223(1)
  
Power to provide local authorities with the power to make payments under the "discretionary housing payments" scheme.
224(2)(a)
  
Provides for the circumstances in which payments are to be made.
225(2)(b)
  
Confer a discretion on a local authority as to whether (i) payments are appropriate in a particular case and (ii) to the amount of payment and the period for which it is made.
226(2)(c)
  
Power to impose a limit on the amount of the discretionary payment in a particular case.
227(2)(d)
  
Power to restrict the period for which discretionary payment may be made.
228(2)(e)
  
Provides the form and manner in which claims for these payments must be made and the procedures for dealing with them.
229(2)(f)
  
Power to impose conditions on the person making a claim for a discretionary housing payment to provide such information as may be necessary.
230(2)(g)
  
Provide that the LA may in prescribed circumstances cancel further payments or recover payments already made.
231(2)(h)
  
Provide that the authority may review a decision about making, cancelling or recovery of discretionary payments.
232(3)
  
Regulations to be made under this section will be made by statutory instrument subject to negative resolution by either house.
233(4)
  
Provides that the powers to make subordinate legislation contained in subsections 4-6 of section 189 of the Administration Act 1992 will apply to the power to make regulations in this section as they do to those to make regulations under that Act.
234(5)
  
Regulations made under this section may include power to make different provision for different areas or relevant authorities.
  Clause 69
  
Grants towards the cost of discretionary housing payments
235(3)
  
Provides that the Secretary of State may make provision to impose a limit on the total expenditure incurred by the relevant authority.
236(4)
  
Provides that an Order imposing a limit may fix the limit by specifying the amount of the limit or by providing for the means by which it is determined.
237(5)
  
Provides that an order under this section will be made by statutory instrument subject to negative resolution by either House.
238(6)
  
Provides that the powers to make subordinate legislation contained in subsections 4-6 of section 189 of the Administration Act 1992 will apply to the power to make regulations in this section as they do to those to make regulations under that Act.
239(7)
  
Provides that any power to make an order made under this section will include the power to make different provision for different areas or relevant authorities
  Clause 70 (substituted s 75(3) of Ad. Act)
  
Housing Benefit recovery
24075(3)(a)
  
Circumstances under which an overpayment is not recoverable from the person to whom benefit was paid.
24175(3)(b)
  
Prescribes from whom an overpayment can be recovered from, in addition to or instead of the person to whom benefit was paid.
  Clause 73(2) (substituted s 10 of CBA)
  
Conts. IRO benefits in kind: GB
24210(8)
  
a)Allows deduction sections from any of the Income Taxes Acts to be added to the list in 10(7)
b) Allows any new tax relieving section to be added to the list in 10(7)
24310(9)
  
a) Circumstances when Class1A contributions will not be payable
b) Circumstances when Class 1A contributions will be reduced
  Clause 73(3)
  
Conts. IRO benefits in kind: GB
244Substituted s 4(6) of CBA
  
Treat an amount chargeable to income tax under Schedule E as earnings
  Clause 74 (1)
  
Third Party Providers of Benefits in kind: GB
245New section 10ZA(5) and 10ZB(4) inserted in CBA 1992
  
Prescribe the meaning of arranged or facilitated in relation to the provision of any benefit.
  Clause 75
  
Collection of NICs: GB
24675(4) (new para 7B(5A) of Sch 1 to CBA)
  
Prescribe penalties in line with those contained in Part X of the Taxes Management Act 1970.
24775(5) (new para 7BA of Sch 1 to CBA)
  
Provides that overpayments of Class 1A NICs can be offset against secondary Class 1 NICs liability in the same tax year.
  Clause 76(2) ((substituted s 10 of CBA NI)
  
Conts. IRO benefits in kind: NI
24810(8)
  
a) Allows deduction sections from any of the Income Taxes Acts to be added to the list in 10(7)
b) Allows any new tax relieving section to be added to the list in 10(7).
24910(9)
  
a) Circumstances when Class1A
contributions will not be payable
b) Circumstances when Class 1A contributions will be reduced
250Clause 76(3) (substituted s 4(6) of CBA NI)
  
Treat an amount chargeable to income tax under Schedule E as earnings
  Clause 77
  
Third Party providers of Benefits in kind : NI
25110ZA(5)
  
Prescribe the meaning of arranged or facilitated in relation to the provision of any benefit.
  Clause 78
  
Collection of NICs: NI
25278(4) (new para 7B(5A) of Sch 1 to CBA NI)
  
Prescribe penalties in line with those contained in Part X of the Taxes Management Act 1970
25378(5) (new para 7BA of Sch 1 to CBA NI)
  
Provides that overpayments of Class 1A NICs can be offset against secondary Class 1 NICs liability in the same tax year
  Clause 79
  
Tests for determining parentage
254(4)(a) (amdt. to s 22(1)(a) of FLR Act)
  
prescription of bodies registered for the taking of bodily samples
25579(4)(b) (substituted s 22(1)(e))
  
conditions a body must meet to gain accreditation
  Clause 80(2) (new s 55A of FL Act)
  
Declarations of status
25655A(7)
  
provides for notification of a declaration of
parentage to the Registrar General
  Clause 83
  
Commencement and transitional
25783(5)-(7)
  
transitional - MNTs


 
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