VadeLab

Welfare Reform Act 2012

Sections and provisions with full text and the judgments that cite each one.

Section 96 — Benefit cap

Benefit cap 96 1 Regulations may provide for a benefit cap to be applied to the welfare benefits to which a single person or couple is entitled. 2 For the purposes of this section, applying a benefit…

Section 96A — Benefit cap: review

Benefit cap: review 96A 1 The Secretary of State must at least once every five years review the sums specified in section 96(5A) to determine whether it is appropriate to increase or decrease any one…

Section 97 — Benefit cap: supplementary

Benefit cap: supplementary 97 1 Regulations under section 96 or 96A may make different provision for different purposes or cases. 2 Regulations under section 96 or 96A must be made by statutory…

Section 98 — Claims and awards

Claims and awards 98 1 Section 5(1) of the Social Security Administration Act 1992 (regulations about claims and payments) is amended as follows. 2 In paragraph (d) (conditional awards), for the…

Section 99 — Powers to require information relating to claims and awards

Powers to require information relating to claims and awards 99 1 Section 5 of the Social Security Administration Act 1992 (regulations about claims and payments) is amended as follows. 2 In…

Section 100 — Payments to joint claimants

Payments to joint claimants 100 In section 5 of the Social Security Administration Act 1992 (regulations about claims and payments), after subsection (3A) there is inserted— 3B The power in…

Section 101 — Payments on account

Payments on account 101 1 In section 5(1) of the Social Security Administration Act 1992 (regulations about claims and payments), for paragraph (r) there is substituted— r for the making of a payment…

Section 102 — Power to require consideration of revision before appeal

Power to require consideration of revision before appeal 102 1 The Social Security Act 1998 is amended as follows. 2 In section 12 (appeals to First-tier Tribunal), in subsection (2)— a the words…

Section 103 — Supersession of decisions of former appellate bodies

Supersession of decisions of former appellate bodies 103 1 Schedule 12 contains amendments reinstating powers to make decisions superseding decisions made by appellate bodies before their functions…

Section 104 — Electronic communications

Electronic communications 104 1 In section 189 of the Social Security Administration Act 1992 (regulations and orders - general), after subsection (5) there is inserted— 5A The provision referred to…

Section 105 — Recovery of benefit payments

Recovery of benefit payments 105 1 In the Social Security Administration Act 1992, after section 71ZA there is inserted— Recovery of benefit payments Recovery of overpayments of certain benefits 71ZB…

Section 106 — Deduction from earnings: other cases

Deduction from earnings: other cases 106 1 In section 71 of the Social Security Administration Act 1992 (overpayments - general), after subsection (9) there is inserted— 9A Regulations may provide…

Section 107 — Recovery of child benefit and guardian's allowance

Recovery of child benefit and guardian's allowance 107 1 In section 71(8) of the Social Security Administration Act 1992 (recovery of benefits by deduction from prescribed benefits), the words “,…

Section 108 — Application of Limitation Act 1980

Application of Limitation Act 1980 108 1 Section 38 of the Limitation Act 1980 (interpretation) is amended as follows. 2 In subsection (1), in the definition of “action”, at the end there is inserted…

Section 109 — Recovery of fines etc by deductions from employment and support allowance

Recovery of fines etc by deductions from employment and support allowance 109 1 In section 24 of the Criminal Justice Act 1991 (recovery of fines etc by deductions from benefits)— a in subsections…

Section 110 — Powers to require information relating to investigations

Powers to require information relating to investigations 110 In section 109B of the Social Security Administration Act 1992 (power to require information), in subsection (2)— a after paragraph (i)…

Section 111 — Time limits for legal proceedings

Time limits for legal proceedings 111 In section 116 of the Social Security Administration Act 1992 (legal proceedings), in subsection (2)— a in paragraph (a), for “other than an offence relating to…

Section 112 — Prosecution powers of local authorities

Prosecution powers of local authorities 112 1 The Social Security Administration Act 1992 is amended as follows. 2 After section 116 there is inserted— Local authority powers to prosecute housing…

Section 113 — Penalty in respect of benefit fraud not resulting in overpayment

Penalty in respect of benefit fraud not resulting in overpayment 113 1 Section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution) is amended as follows. 2…

Section 114 — Amount of penalty

Amount of penalty 114 1 In section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution), for subsection (3) there is substituted— 3 The amount of the penalty in…

Section 115 — Period for withdrawal of agreement to pay penalty

Period for withdrawal of agreement to pay penalty 115 1 The Social Security Administration Act 1992 is amended as follows. 2 In section 115A (penalty as alternative to prosecution), in subsection (5)…

Section 115C — Incorrect statements etc

Incorrect statements etc 115C 1 This section applies where— a a person negligently makes an incorrect statement or representation, or negligently gives incorrect information or evidence— i in or in…

Section 115D — Failure to disclose information

Failure to disclose information 115D 1 A penalty of a prescribed amount may be imposed on a person by the appropriate authority where— a the person, without reasonable excuse, fails to provide…

Section 116 — Civil penalties for incorrect statements and failures to disclose information

Civil penalties for incorrect statements and failures to disclose information 116 1 After section 115B of the Social Security Administration Act 1992 there is inserted— Civil penalties Incorrect…

Section 116ZA — Local authority powers to prosecute housing benefit and council tax benefit fraud

Local authority powers to prosecute housing benefit and council tax benefit fraud 116ZA 1 This section applies to an authority administering housing benefit or council tax benefit. 2 The authority…

Section 117 — Benefit offences: disqualifying and sanctionable benefits

Benefit offences: disqualifying and sanctionable benefits 117 1 In the Social Security Fraud Act 2001, section 6A (meaning of “ disqualifying benefit ” and “ sanctionable benefit ”) is amended as…

Section 118 — Benefit offences: period of sanction

Benefit offences: period of sanction 118 1 The Social Security Fraud Act 2001 is amended as follows. 2 Section 6B (loss of benefit in case of conviction, penalty or caution for benefit offence) is…

Section 119 — Benefit offences: sanctions for repeated benefit fraud

Benefit offences: sanctions for repeated benefit fraud 119 1 The Social Security Fraud Act 2001 is amended as follows. 2 In section 6B (loss of benefit in case of conviction, penalty or caution for…

Section 120 — Loss of tax credits

Loss of tax credits 120 1 The Tax Credits Act 2002 is amended as follows. 2 After section 36 there is inserted— Loss of tax credit provisions Loss of working tax credit in case of conviction etc for…

Section 121 — Cautions

Cautions 121 1 In section 6B of the Social Security Fraud Act 2001 (loss of benefit in case of conviction, penalty or caution for benefit offence)— a in the heading, for “penalty or caution” there is…

Section 122 — Tax credit fraud: investigation

Tax credit fraud: investigation 122 In section 109A of the Social Security Administration Act 1992 (authorisations for investigators), at the end there is inserted— 9 This section and sections 109B…

Section 123 — Information-sharing for prevention etc of tax credit fraud

Information-sharing for prevention etc of tax credit fraud 123 1 Section 122B of the Social Security Administration Act 1992 (supply of government information for fraud prevention etc) is amended as…

Section 124 — Tax credit fraud: prosecution and penalties

Tax credit fraud: prosecution and penalties 124 In section 35 of the Tax Credits Act 2002 (offence of fraud), for subsection (2) there is substituted— 2 Where a person is alleged to have committed an…

Section 124A — Claimant commitment

Claimant commitment 124A 1 For the purposes of this Part a “claimant commitment” is a record of the claimant's responsibilities in relation to an award of income support. 2 A claimant commitment is…

Section 125 — Unauthorised disclosure of information relating to tax credit offences

Unauthorised disclosure of information relating to tax credit offences 125 In Schedule 4 to the Social Security Administration Act 1992 (persons employed in social security administration or…

Section 126 — Tax credits: transfer of functions etc

Tax credits: transfer of functions etc 126 1 Her Majesty may by Order in Council— a transfer to the Secretary of State any tax credit function of the Treasury or the Commissioners; b direct that any…

Section 127 — Information-sharing between Secretary of State and HMRC

Information-sharing between Secretary of State and HMRC 127 1 This subsection applies to information which is held for the purposes of any HMRC functions— a by the Commissioners for Her Majesty's…

Section 128 — Information-sharing between Secretary of State and DPP

Information-sharing between Secretary of State and DPP 128 1 The Secretary of State may supply social security information or child support information to a person specified in subsection (2) for use…

Section 129 — Unlawful disclosure of information supplied under section 128

Unlawful disclosure of information supplied under section 128 129 1 A person to whom information is supplied under section 128, or an employee or former employee of such a person, may not disclose…

Section 130 — Information-sharing in relation to provision of overnight care etc

Information-sharing in relation to provision of overnight care etc 130 1 This section applies where a local authority holds information falling within subsection (2) in relation to a person who is…

Section 131 — Information-sharing in relation to welfare services etc

Information-sharing in relation to welfare services etc 131 1 The Secretary of State, or a person providing services to the Secretary of State, may supply relevant information to a qualifying person…

Section 132 — Unlawful disclosure of information supplied under section 131

Unlawful disclosure of information supplied under section 131 132 1 A person to whom subsection (2) applies is guilty of an offence if the person discloses without lawful authority any information— a…

Section 133 — Sections 130 to 132: supplementary

Sections 130 to 132: supplementary 133 1 In sections 130 and 131— “ benefit ” includes any allowance, payment, credit or loan; “ local authority ” means— a county or district council in England; an…

Section 134 — Information-sharing for social security or employment purposes etc

Information-sharing for social security or employment purposes etc 134 1 Section 72 of the Welfare Reform and Pensions Act 1999 (supply of information for certain purposes) is amended as follows. 2…

Section 135 — Functions of registration service

Functions of registration service 135 In the Registration Service Act 1953, after section 19 there is inserted— Functions relating to transmission of information to Secretary of State 19A 1 The…

Section 136 — Supporting maintenance agreements

Supporting maintenance agreements 136 1 In section 9 of the Child Support Act 1991 (maintenance agreements), after subsection (2) there is inserted— 2A The Secretary of State may, with a view to…

Section 137 — Collection of child support maintenance

Collection of child support maintenance 137 1 The Child Support Act 1991 is amended as follows. 2 In section 4 (child support maintenance)— a in subsection (2), the words from “or“ to “made” are…

Section 138 — Indicative maintenance calculations

Indicative maintenance calculations 138 After section 9 of the Child Support Act 1991 there is inserted— Maintenance agreements: indicative calculations 9A 1 A person with care or non-resident parent…

Section 139 — Recovery of child support maintenance by deduction from benefit

Recovery of child support maintenance by deduction from benefit 139 In section 43 of the Child Support Act 1991 (as substituted by the Child Support, Pensions and Social Security Act 2000), for…

Section 140 — Fees

Fees 140 In section 6 of the Child Maintenance and Other Payments Act 2008 (fees), in subsection (2)— a in paragraph (d), at the end there is inserted “”; “(including provision for the apportionment…