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Child Poverty Act 2010

Sections71

Life Chances Act 2010

2010 c. 9

An Act to set targets relating to the eradication of child poverty, and to make other provision about child poverty.

Enacted[25th March 2010]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1

PART A1 LIFE CHANCES

Children: reporting obligations

A1A Workless households and educational attainment

1 The Secretary of State must publish and lay before Parliament a report containing data on—
a children living in workless households in England;
b children living in long-term workless households in England;
c the educational attainment of children in England at the end of Key Stage 4;
d the educational attainment of disadvantaged children in England at the end of Key Stage 4.
2 The report must set out how the Secretary of State has interpreted the following terms for the purposes of the report—
a child;
b household;
c worklessness;
d long-term worklessness;
e educational attainment;
f disadvantage.
3 The data contained in the report, and the provision about how the terms used in it are to be interpreted, must, so far as practicable, be derived from any relevant official statistics.
4 The first report must be published before the end of the financial year ending with 31 March 2017.
5 Later reports must be published before the end of each subsequent financial year.
6 In this section—
  • “Key Stage 4” means the fourth key stage, within the meaning of Part 6 of the Education Act 2002;
  • “official statistics” has the meaning given by section 6(1) of the Statistics and Registration Service Act 2007.

Social Mobility Commission

A1B Social Mobility Commission

1 The body established by section 8 of this Act continues in existence.
2 On and after the commencement date the body is to be called the Social Mobility Commission (in this Act referred to as “ the Commission ”).
3 “The commencement date” is the date on which section 6 of the Welfare Reform and Work Act 2016 comes into force.
4 The Commission’s functions are those conferred on it by or under this Act.
5 Schedule 1 contains further provision about the Commission .

A1C Promotion of social mobility, advice and reports

1 The Commission must promote social mobility in England.
2 The Commission must on request give advice to a Minister of the Crown about how to improve social mobility in England.
3 Advice given under subsection (2) must be published.
4 The Commission must publish a report setting out its views on the progress made towards improving social mobility in the United Kingdom.
5 The report must also describe, in the case of a report made after the appointed day for Northern Ireland, the measures taken by the Northern Ireland departments in accordance with a Northern Ireland strategy.
6 The report may be published as one or more documents as a Minister of the Crown may direct.
7 The first report must be published before the end of the financial year ending with 31 March 2017.
8 Later reports must be published before the end of each subsequent financial year.
9 A Minister of the Crown must lay a report under this section before Parliament.
10 A Minister of the Crown may direct the Commission to carry out any other activity relating to improving social mobility in England or Northern Ireland.

Part 1 Strategies: Northern Ireland

Targets relating to child poverty

F141 The 2010 target

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F142 Duty of Secretary of State to ensure that targets in sections 3 to 6 are met

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F143 The relative low income target

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F144 The combined low income and material deprivation target

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F145 The absolute low income target

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F146 The persistent poverty target

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F147 Interpretation of terms used in relation to targets

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Social Mobility and Child Poverty Commission

F148 Social Mobility and Child Poverty Commission

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F148A Advice

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F148B Annual reports

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F148C Other functions

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Strategies: duties of Secretary of State

F149 UK strategies

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F1410 Consultation

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Strategies: duties of F8... relevant Northern Ireland department

F1411 Scottish strategies

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12 Northern Ireland strategies

1 The relevant Northern Ireland department must, before the end of the period of 12 months beginning with the day on which this Act is passed, publish and lay before the Northern Ireland Assembly the first Northern Ireland strategy.
2 A “Northern Ireland strategy” is a strategy under this section setting out the measures that the Northern Ireland departments propose to take—
F18a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b for the purpose of ensuring as far as possible that children in Northern Ireland do not experience socio-economic disadvantage.
3 Before the end of the period to which a Northern Ireland strategy relates, the relevant Northern Ireland department must review the strategy and publish and lay before the Northern Ireland Assembly a revised Northern Ireland strategy, but this subsection does not apply after 31 March 2020.
4 A Northern Ireland strategy must—
a where it relates to a period ending before 1 April 2021—
F21i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii describe the F22... progress that the Northern Ireland departments intend to make by the end of the period to which the strategy relates in achieving the purpose mentioned in subsection (2)(b), and
b describe the progress that the Northern Ireland departments intend to make by 31 March 2021 in achieving the purpose mentioned in subsection (2)(b), F24....
5 A Northern Ireland strategy other than the first must also—
a describe the measures taken by the Northern Ireland departments in accordance with the previous Northern Ireland strategy,
F25b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c describe the effects of those measures that contribute to the achievement of the purpose mentioned in subsection (2)(b).
6 A Northern Ireland strategy may not include proposals that relate to excepted or reserved matters, within the meaning of the Northern Ireland Act 1998.
7 The relevant Northern Ireland department must, on or before each report date relating to a Northern Ireland strategy, lay before the Northern Ireland Assembly a report which—
a describes the measures taken by the Northern Ireland departments in accordance with the Northern Ireland strategy,
F27b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c describes the effects of those measures that contribute to the achievement of the purpose mentioned in subsection (2)(b).
8 The report dates relating to a Northern Ireland strategy are each anniversary of the day on which it was laid before the Northern Ireland Assembly, other than an anniversary which falls—
a on or after the date on which a subsequent Northern Ireland strategy is so laid, or
b after 31 March 2021.
9 References in this section to the period to which a Northern Ireland strategy relates are references to the period beginning with the date on which the Northern Ireland strategy is laid before the Northern Ireland Assembly and—
a except in the case of a Northern Ireland strategy laid before the Assembly less than 3 years before 1 April 2020, ending 3 years later, and
b in that excepted case, ending with 31 March 2021.

13  Consultation: F9 ... Northern Ireland

F21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In preparing F32... a Northern Ireland strategy, the relevant Northern Ireland department—
F34a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b must consult the Secretary of State,
c must consult such children, and organisations working with or representing children, as the relevant Northern Ireland department thinks fit,
d must consult such parents, and organisations working with or representing parents, as the relevant Northern Ireland department thinks fit, and
e may consult such other persons as the relevant Northern Ireland department thinks fit.
F354 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports by Secretary of State

F414 Statement by Secretary of State

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F3615 Statement required in relation to target year

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Economic and fiscal circumstances

16 Economic and fiscal circumstances

F371 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F372 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In preparing a Northern Ireland strategy, the relevant Northern Ireland department must have regard to—
a the resources that are or may be available to the Northern Ireland departments, and
b the effect of the implementation of the strategy on those resources.

Continuing effect of targets after target year

F3917 Continuing effect of targets after target year

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Supplementary

18 Interpretation of Part 1

1 In this Part—
  • “child” means—
    1. a person under the age of 16, or
    2. a person who is a qualifying young person for the purposes of Part 9 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (child benefit);
  • “parent” means—
    1. any individual who has parental responsibility for a child, or
    2. any other individual with whom a child resides and who has care of the child.
1A In paragraph (a) of the definition of “parent” in subsection (1), the reference to “parental responsibility” is to be read in accordance with the Children (Northern Ireland) Order 1995.
F422 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F423 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 Duties of local authorities and other bodies in England

F1519 Responsible local authorities

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F1520 Partner authorities

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F1521 Co-operation to reduce child poverty in local area

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F1522 Local child poverty needs assessment

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F1523 Joint child poverty strategy for local area

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F15 24  Sustainable community strategy

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F1525 Meaning of “child poverty” in Part 2

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Part 3 Miscellaneous and General

Free school lunches and milk

26 Free school lunches and milk

1 In section 512ZB of the Education Act 1996 (provision of free school lunches and milk), in subsection (4)—
a after “A person” insert “ (“C”) ” ,
b in paragraph (a)—
i for “his parent” substitute “ C's parent ” ,
ii at the end of sub-paragraph (iia), insert “ or ” , and
iii omit sub-paragraph (iv) (including the “or” immediately following it),
c after paragraph (a) insert—
,
d in paragraph (b)—
i for “he, himself, is—” substitute “ C is— ” ,
ii at the end of sub-paragraph (ii), insert “ or ” , and
iii omit sub-paragraph (iii), and
e at the end insert—
2 Any regulations made under paragraph (a)(iv) of subsection (4) of section 512ZB of the Education Act 1996 and in force immediately before the coming into force of this section are to have effect as if made under paragraph (aa) of that subsection.
3 Any regulations made under paragraph (b)(iii) of subsection (4) of section 512ZB of the Education Act 1996 and in force immediately before the coming into force of this section are to have effect as if made under paragraph (c) of that subsection.

General

27 General interpretation

1 In this Act—
  • “ the Commission ” means the Social Mobility Commission;
  • “financial year” means the 12 months ending with 31 March;
  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
  • “Northern Ireland strategy” has the meaning given by section 12(2);
  • “the relevant Northern Ireland department” means the Office of the First Minister and deputy First Minister.
2 In this Act “appointed day for Northern Ireland” means such day as a Minister of the Crown may by order with the consent of the Northern Ireland Assembly appoint (and different days may be appointed for the purposes of different provisions of this Act).

28  F10 ... orders

1 Any power to make F43... an order under this Act is exercisable by statutory instrument.
2 Any F44... order under this Act may—
a make different provision for different cases,
b include supplementary, incidental and consequential provision, and
c make transitional provisions and savings.
3 A power conferred by any provision of this Act to make F45... an order includes power to provide for a person to exercise a discretion in dealing with any matter.
F46 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29 Financial provisions

There is to be paid out of money provided by Parliament—
a any expenditure incurred under or by virtue of this Act by a Minister of the Crown, and
b any increase attributable to this Act in the sums payable under any other Act out of money so provided.

30 Extent

1 Except as provided by subsections (2) to (4), the provisions of this Act extend to England and Wales, Scotland and Northern Ireland.
F47 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 Part 1 extends to Northern Ireland only.
4 Section 26 extends to England and Wales only.

31 Commencement

1 This Act, except Part 2 and section 26, comes into force on the day on which this Act is passed.
2 Part 2 and section 26 come into force at the end of the period of 2 months beginning with the day on which this Act is passed.

32 Short title

This Act may be cited as the Life Chances Act 2010.

SCHEDULES

SCHEDULE 1 

Social Mobility Commission

Membership, chair and deputy chair

1
1 The members of the Commission are to be—
a a chair appointed by a Minister of the Crown,
F50 b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50 c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d after the appointed day for Northern Ireland, a member appointed by the relevant Northern Ireland department, and
e any other members appointed by a Minister of the Crown.
2 A Minister of the Crown may appoint one of the members as the deputy chair.

Term of office

2Members are to hold and vacate office in accordance with the terms of their appointment, subject to the following provisions.
3Members must be appointed for a term of not more than five years.
4A member may resign by giving notice in writing to a Minister of the Crown.
5A Minister of the Crown may remove a member if—
a the person has been absent from three or more consecutive meetings of the Commission without its permission,
b the person has become bankrupt or has made an arrangement with creditors,
c the person's estate has been sequestrated in Scotland or the person, under Scots law, has made a composition or arrangement with, or granted a trust deed for, creditors, or
d the Minister is satisfied that the person is otherwise unable or unfit to perform the duties of the office.
6A person ceases to be the chair or the deputy chair if the person—
a resigns that office by giving notice in writing to a Minister of the Crown, or
b ceases to be a member.
7A person who holds or has held office as the chair, or as the deputy chair or other member, may be reappointed, whether or not to the same office.

Provision of staff and facilities etc

8
1 A Minister of the Crown may provide the Commission with—
a such staff,
b such accommodation, equipment and other facilities, and
c such sums,
as the Minister may determine are required by the Commission in the exercise of its functions.
2 A Minister of the Crown may, if the Commission so requests, carry out or commission research for the purpose of the carrying out of the Commission's functions.

Payments

9A Minister of the Crown may pay to or in respect of the members of the Commission such remuneration, allowances and expenses as the Minister may determine.

Supplementary powers

10The Commission may do anything that appears to it necessary or appropriate for the purpose of, or in connection with, the carrying out of its functions.

Status

11The Commission is not to be regarded—
a as the servant or agent of the Crown, or
b as enjoying any status, privilege or immunity of the Crown.

Sub-committees

12The Commission may establish sub-committees.

Validity of proceedings

13The Commission may regulate—
a its own procedure (including quorum);
b the procedure of any sub-committee (including quorum).
14The validity of anything done by the Commission or any sub-committee is not affected by—
a any vacancy in the membership of the Commission or sub-committee, or
b any defect in the appointment of any member of the Commission or a sub-committee.

Discharge of functions

15The Commission may authorise a sub-committee or member to exercise any of the Commission's functions.

F13SCHEDULE 2 

Continuing effect of targets after target year

Section 17

F13Interpretation of Schedule

F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13Duty to maintain targets

F132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13Duty to make regulations requiring targets to be met in specified financial year

F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13Economic and fiscal circumstances

F137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13Statement as to whether targets are met in relation to renewed target year

F138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13Power to exclude or modify absolute low income target

F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Footnotes

  1. F1
    S. 13 heading substituted (8.5.2012) by Welfare Reform Act 2012 (c. 5) , s. 150(2)(j) , Sch. 13 para. 7(a)
  2. F2
    S. 13(1)(2) repealed (8.5.2012) by Welfare Reform Act 2012 (c. 5) , s. 150(2)(j) , Sch. 13 para. 7(b)
  3. F3
    Word in s. 14 substituted (8.5.2012) by Welfare Reform Act 2012 (c. 5) , s. 150(2)(j) , Sch. 13 para. 8(1)
  4. F4
    S. 14 repealed (8.5.2012) by Welfare Reform Act 2012 (c. 5) , s. 150(2)(j) , Sch. 13 para. 8(2)
  5. F5
    Sch. 1 substituted (8.5.2012) by Welfare Reform Act 2012 (c. 5), s. 150(2)(j), Sch. 13 para. 3
  6. C1
    Act transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 1 Pt. 2 (with art. 9(2))
  7. F6
    Act: "The Child Poverty Act 2010 may be cited as the Life Chances Act 2010" (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(12), 36(2)(d)
  8. F7
    Pt. 1 heading substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(7), 36(2)(d)
  9. F8
    Words in s. 11 cross-heading omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(2), 36(2)(d)
  10. F9
    Words in s. 13 heading omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(4)(e), 36(2)(d)
  11. F10
    Words in s. 28 heading omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(9)(c), 36(2)(d)
  12. F11
    Pt. A1 inserted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 5, 36(2)(d)
  13. F12
    Sch. 1 title substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 6(2), 36(2)(d)
  14. F13
    Sch. 2 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)
  15. F14
    Ss. 1-11 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)
  16. F15
    Ss. 19-25 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)
  17. F16
    S. 27 substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(8), 36(2)(d)
  18. F17
    Ss. A1B, A1C and cross-heading inserted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 6(1), 36(2)(d)
  19. F18
    S. 12(2)(a) repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(a), 36(2)(d)
  20. F19
    Words in s. 12(3) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(b), 36(2)(d)
  21. F20
    Words in s. 12(4)(a) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(c), 36(2)(d)
  22. F21
    S. 12(4)(a)(i) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(d), 36(2)(d)
  23. F22
    Word in s. 12(4)(a)(ii) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(e), 36(2)(d)
  24. F23
    Words in s. 12(4)(b) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(f), 36(2)(d)
  25. F24
    Words in s. 12(4)(b) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(g), 36(2)(d)
  26. F25
    S. 12(5)(b) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(h), 36(2)(d)
  27. F26
    Word in s. 12(5)(c) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(i), 36(2)(d)
  28. F27
    S. 12(7)(b) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(j), 36(2)(d)
  29. F28
    Word in s. 12(7)(c) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(k), 36(2)(d)
  30. F29
    Words in s. 12(8)(b) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(l), 36(2)(d)
  31. F30
    Words in s. 12(9)(a) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(m), 36(2)(d)
  32. F31
    Words in s. 12(9)(b) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(n), 36(2)(d)
  33. F32
    Words in s. 13(3) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(4)(a), 36(2)(d)
  34. F33
    Words in s. 13(3) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(4)(b), 36(2)(d)
  35. F34
    S. 13(3)(a) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(4)(c), 36(2)(d)
  36. F35
    S. 13(4) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(4)(d), 36(2)(d)
  37. F36
    S. 15 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)
  38. F37
    S. 16(1)(2) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(5)(a), 36(2)(d)
  39. F38
    S. 16(3) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(5)(b), 36(2)(d)
  40. F39
    S. 17 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)
  41. F40
    S. 18(1) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(6)(a), 36(2)(d)
  42. F41
    S. 18(1A) inserted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(6)(b), 36(2)(d)
  43. F42
    S. 18(2)(3) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(6)(c), 36(2)(d)
  44. F43
    Words in s. 28(1) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(9)(a), 36(2)(d)
  45. F44
    Words in s. 28(2) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(9)(a), 36(2)(d)
  46. F45
    Words in s. 28(3) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(9)(a), 36(2)(d)
  47. F46
    S. 28(4)(5) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(9)(b), 36(2)(d)
  48. F47
    S. 30(2) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(10)(a), 36(2)(d)
  49. F48
    Words in s. 30(3) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(10)(b), 36(2)(d)
  50. F49
    Words in s. 30(4) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(10)(c), 36(2)(d)
  51. F50
    Sch. 1 para. 1(1)(b)(c) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(11), 36(2)(d)