Proponents of welfare reform argued that the time limits in the Temporary Assistance for Needy Families (TANF) program, would send a firm message to recipients that welfare is 595.New section 115D(3) provides that in the case of a joint claim where both members of the joint claim couple fail to meet requirements described in new sections 115D(1) and (2), only one penalty will be imposed for the failure. The repeals mean that all accident declarations made prior to commencement remain final and that no further requests for an accident declaration can be made. As a result of the error, secondary legislation which allowed deductions for fines from both the income-related and contributory elements of ESA was not supported by the primary legislation, which allowed deductions from the income-related element only. This could include saving some provisions (for example, in relation to disability living allowance) where they continue to be required. 323.Subsection (4) allows for regulations to prescribe circumstances in which exceptions may be made to this condition. 497.Section 12 of SSA 1998 makes provision for a claimant (or any other prescribed person) to appeal to the First-tier Tribunal against a decision of the Secretary of State. The new assessment will assess the ability of an individual to perform specified activities and will take into account the impact of physical, sensory, mental, intellectual and cognitive impairments on the individual in undertaking the specified activities. The Welfare Reform Act received Royal Assent on 8 March 2012. 403.Subsection (1) of section 88 sets out that a person cannot establish entitlement to personal independence payment for a period before they make or are treated as making a claim. This means that some people who are entitled to an existing benefit but would not otherwise meet the conditions of entitlement for the universal credit could be entitled to universal credit. 78.Section 22 provides that a claimant may be subject to all work-related requirements if they do not fall into one of the previous three groups. The provisions relating to disability living allowance fall within that definition; Sections 122B and 122C of SSAA 1992 apply to the supply of Government information for various purposes including the prevention of fraud, the purpose of verification and the administration of benefits. It also enables a Minister of the Crown, if requested by the Commission and if the Minister so chooses, to carry out or commission research. 254.Section 49 replaces provisions in JA 1995 that relate to the responsibilities that JSA claimants must meet and the imposition of sanctions where JSA claimants fail to meet those responsibilities. Section 140(2) provides that the decision maker shall determine questions in accordance with the directions issued by the Secretary of State. 952 (C. 86), Welfare Reform Act 2012 amending Commencement Order 2017 No. The first regulations made under this section will be subject to the affirmative resolution procedure. This provision will also allow local authority housing benefit teams to use information from local authority social services teams to confirm whether a person does or may require an overnight carer; if social services are providing the carer; and confirmation that the care has been provided. 64.Section 13 sets out the four different types of work-related requirements. 716.Subsection (4) states that regulations made under subsection (3) will be subject to the negative resolution procedure. Where the amount for housing relates to a liability to pay rent, it is intended that the amount will be calculated with reference to a claimants household size and circumstances as well as their actual rent, as is the case currently in housing benefit. 563.Subsection (1) removes references in the Criminal Justice Act 1991 which allow deductions for fines to be taken from only the income-related element of ESA. 72.Subsection (6) of section 19 defines a responsible carer as either a lone parent or a member of a couple nominated as the lead carer. 156.Section 33 provides for the abolition of income-based JSA, income-related ESA, IS, housing benefit, council tax benefit, child tax credit and working tax credit. Regulations may also prescribe circumstances in which a person is to be treated as having or not having good reason. 540.Subsection (1) provides that the new subsection applies to hardship payments which are recoverable. The persons that the Secretary of State will pass the information to may include other government departments and Local Authorities. 370.Section 79 sets out basic entitlement conditions to the different rates of the mobility component of personal independence payment. 355.Currently a claimant is entitled to the additional amount if the claimant or their partner is entitled to carers allowance. These include preventing an employer from making deductions from earnings where they would take earnings below a specified level, allowing for an employer to deduct a prescribed sum from earnings in respect of the employers administration costs, providing for a criminal offence for non-compliance with certain of the obligations under those regulations and legislating as to priorities of deductions from earnings made under these powers as against those made under other legislation. 226.Subsections (5) to (7) of the new section 10 make equivalent provision to subsections (5) to (8) of new section 9 relating to referrals of proposed variations. If an accident causes disability at a later date, the status of the accident as an industrial accident will be investigated and decided in the usual manner by the decision-maker at the same time as the claim and the assessment of disability. Welfare reform has been a major feature of recent government spending cuts. This requirement applies to regulations made under section 2D(1) of SSAA 1992, section 18B of the JA 1995 and section 13 of WRA 2007 before 12 November 2014. The first regulations made under new section 11D(2)(d) will be subject to the affirmative resolution procedure. It is standard practice for the Secretary of State to seek to recover court costs when there is a court judgment in his favour. 90.Regulations under section 25 may set out the circumstances in which a person will be treated as having met or not met the requirements placed upon them. 482.This amendment ensures that the power at section 5(1)(d) includes the power to make an advance award of benefit, where a claimant would not be entitled to benefit at the point of claim, but would become entitled at a prescribed time after the award were made. 526.Subsection (1) allows the Secretary of State to make regulations so as to allow amounts recoverable under new section 71ZB to be recovered by deduction from earnings. These changes are likely to have a significant impact on low income families, by 612.Subsection (8) inserts new subsection (7A) and (7B) which provide for payments and adjustments where the agreement of a person to pay a penalty under section 115A of the SSAA 1992 (or the corresponding Northern Ireland provision) is taken into account for the purposes of section 7, but at a later date the agreement is withdrawn, or it is decided that the overpayment to which the notice relates is not recoverable or due, or the amount of the overpayment to which the penalty relates is revised and there is no new agreement in relation to the revised overpayment. 43.Subsection (1)(b) prevents a person from being entitled to universal credit if they only meet the conditions of entitlement for a short period, to be prescribed in regulations. 255.The amendments ensure that the provisions to impose requirements on JSA claimants are the same as those for claimants who are subject to all work-related requirements in universal credit. New subsection (3C), which is also inserted by subsection (3), makes it clear that in any particular case the new powers in section 12(3A) are to be exercisable by the person responsible for making regulations under section 12 in that case. The first regulations made under this sub-paragraph will be subject to the affirmative resolution procedure, where they are making provision under paragraphs 4, 5 and 6 of this Schedule. It will also be used to help local authorities assess whether a person is eligible for help with their council tax under any local scheme that may be available. Universal Credit regulations 2013 set out the main rules for Universal Credit, including entitlement, elements of the award, calculation of income and capital, and claimant responsibilities, and also allow for a benefit cap. 339.Subsection (1) repeals section 29(2) of the SSA 1998. Subsection (1)(c) allows for regulations to set parameters around the detail of any action that may be required by the Secretary of State. 638.New section 35(2) provides that tax credit offences involving payments of up to 20,000 will be summary only offences and tried before the magistrates. 635.Section 35 of the TCA 2002 provides a criminal offence where a person is knowingly concerned in fraudulent activity in connection with obtaining payments of tax credit. This mirrors the purpose of pilot schemes in relation to universal credit, set out in section 30. 464.Sub-paragraph (2)(d) enables regulations to make provision for the amount of an award of personal independence payment made by virtue of paragraph 4. 80.Typically claimants in this group will be required to look for any reasonable employment. 249.Subsection (3) of the section inserts a new paragraph 14AA into Schedule 1 of JA 1995 to provide for regulations to prescribe factors to be considered when determining whether or not a person had good reason for a particular act or omission. Section 170 of SSAA 1992 makes provision for referring matters to the Social Security Advisory Committee, including consideration and advice on questions relating to the operation of any of the relevant enactments. 295.Section 57 makes equivalent amendments to WRA 2007 as section 49 does to the JA 1995. Where parentage of the child or children is denied, section 9A(6) will prevent the Child Maintenance and Enforcement Commission from providing an indicative maintenance calculation, unless the person who denies parentage has been shown, through a DNA test, to be the parent of that child or children. At the end of the consultation period, in November 2010, a White Paper Universal Credit: welfare that works (Cm 7957) was published, alongside the Governments responses to the consultation (Consultation responses to 21st Century Welfare (Cm 7971)). The amount and period of a sanction will be set out in regulations. As a result of this amendment, provisions in relation to changing a decision (by way of revision or supersession) and rights of appeal are also extended to include personal independence payment. 687.This section creates a function allowing the Registrar General, superintendent registrars and registrars of births and deaths to transmit information entered in a register of births or contained in a birth declaration to the Secretary of State, and to verify such information for the Secretary of State, for certain purposes. It is intended that the regulations will provide that generally for the first 28 days after a claimant becomes an in-patient of a hospital or similar institution, they will continue to receive the existing benefit to cover continuing costs. From April 2010 the qualifying age for state pension credit is increasing gradually from 60 to 65, in line with womens state pension age. 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