Commentary on provisions of Act Section 9: Review of benefit cap
The section inserts a new section 96A, Benefit cap: review, into the Welfare Reform Act 2012.
	The new section 96A(1) commits the Secretary of State to at least one review of the benefit cap in each Parliament to decide whether it is appropriate to change or maintain one or more of the annual limits specified in subsection 96(5A).
	Notwithstanding the requirement in the new section 96A(1), the new section 96A(2) allows the Secretary of State at any other time to review any or all of the annual limits in section 96(5A) to decide whether it is appropriate to change or maintain one or more of the annual limits.
	The new section 96A(3) provides that when reviewing the cap the Secretary of State must take into account the national economic situation, as well as any other factors which the Secretary of State considers relevant.
	The new section 96A(4) allows the Secretary of State, if he considers it appropriate after carrying out a review of the annual limits, to increase or decrease one or more of the annual limits by regulations.
	The new section 96A(5) provides that any amendments to the annual limit can come into force on different days for different areas, cases or purposes.
	The new sections 96A (6) and (7) provide similar powers to subsections (8) and (9) of section 8 and provide that regulations made under subsection (6) may make such transitional provision or savings as the Secretary of State considers necessary and, in particular, may stipulate that the amendments to the limits made pursuant to section 96A(4) need not take effect until the Secretary of State provides notice that they should, that the amendments may take effect at different times for different persons or description of persons and may make provision about the issuing of notices.
	The new section 96A(9) provides for the circumstances of an early Parliamentary election taking place in accordance with section 2 of the Fixed-term Parliament Act 2011. In such circumstances the duty to review the annual limits provided by the new section 96A(1) is to be disregarded.
	Subsections (2), (3) and (4) make consequential amendments to section 97 of the Act.
	Subsection (5) inserts a new subsection (4A) into section 97 that provides that any regulations which amend an "annual limit" in section 96(5A) of the Act, following a review pursuant to inserted section 96A(1) and (2) will be subject to the affirmative Parliamentary procedure.
	Subsections (6) and (7) omit section (5) of section 97 of the Act and section (7A) of section 150 of the Social Security Administration Act 1992 and so remove the obligation on the Secretary of State to review each year the level of the benefit against the level of average earnings.