Session 2015-16
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Other Bills before Parliament


 
 

 

LORDS AMENDMENTS TO THE

WELFARE REFORM AND WORK BILL

[The page and line references are to HL Bill 69, the bill as first printed for the Lords]

Before Clause 4

1

Insert the following new Clause—

 

“Child poverty

 

Child poverty: reporting obligation

 

(1)    

The Secretary of State must lay before each House of Parliament an annual

 

report on child poverty.

 

(2)    

The report must include information on the percentage of children living

 

in households where—

 

(a)    

equivalised net income for the financial year is less than 60% of

 

median equivalised net household income for the most recent

 

financial year;

 

(b)    

equivalised net income for the financial year is less than 70% of

 

median equivalised net household income for the most recent

 

financial year, and which experience material deprivation;

 

(c)    

equivalised net income for the financial year is less than 60% of

 

median equivalised net household income for the financial year

 

beginning 1 April 2010, adjusted in a prescribed manner to take

 

account of changes in the value of money since that year; and

 

(d)    

equivalised net income has been less than 60% of median

 

equivalised net household income in at least 3 of the survey years.

 

(3)    

For the purposes of subsection (2)(d), the survey years are the calendar year

 

that ends in the financial year addressed in subsection (2)(a) and (b), and

 

the 3 preceding calendar years.”

Clause 7

2

Page 9, leave out lines 1 and 2

 

 
 

 

Bill 132ame:       Date: :       5.0.04        56/1


 
 

2

3

Page 9, leave out lines 11 and 12

 

4

Page 9, line 37, at end insert—

 

“(b)    

in subsection (4), omit “other”.”

Clause 8

5

Page 11, line 19, leave out from “subsection” to “may” in line 21 and insert “(4)

 

insert—

 

“(4A)    

A statutory instrument containing regulations under section 96A”

 

6

Page 11, line 24, leave out subsection (6)

After Clause 8

7

Insert the following new Clause—

 

“Benefit cap: Social Security Advisory Committee

 

(1)    

In section 170 of the Social Security Administration Act 1992 (Social

 

Security Advisory Committee), in subsection (5)—

 

(a)    

in the definition of “the relevant enactments”, after paragraph (al)

 

insert—

 

“(ala)    

sections 96 to 97 of that Act;”;

 

(b)    

in the definition of “the relevant Northern Ireland enactments”,

 

after paragraph (al) insert—

 

“(ala)    

any provisions in Northern Ireland which

 

correspond to sections 96 to 97 of that Act;”.

 

(2)    

In Schedule 7 to the Social Security Administration Act 1992 (regulations

 

not requiring prior submission), in Part 1 (Social Security Advisory

 

Committee), after paragraph 3 insert—

 

“Benefit cap

 

3A         

Regulations under section 96A of the Welfare Reform Act 2012.””

Clause 13

8

Leave out Clause 13

Clause 14

9

Leave out Clause 14

 
 

 


 
 

3

 

Clause 18

10

Page 17, line 36, at end insert—

 

“( )    

In section 170 of the Social Security Administration Act 1992 (Social

 

Security Advisory Committee), in subsection (5)—

 

(a)    

in the definition of “the relevant enactments”, after paragraph (an)

 

insert—

 

“(ao)    

sections 16, 17 and 19 of the Welfare Reform and

 

Work Act 2016;”;

 

(b)    

in the definition of “the relevant Northern Ireland enactments”,

 

after paragraph (an) insert—

 

“(ao)    

any provisions in Northern Ireland which

 

correspond to sections 16, 17 and 19 of the Welfare

 

Reform and Work Act 2016;”.”

 

11

Page 17, line 36, at end insert—

 

“( )    

In section 2 of the Social Security Act 1998 (use of computers), in subsection

 

(2)—

 

(a)    

omit the “or” after paragraph (m);

 

(b)    

after paragraph (n) insert “or

 

(o)    

sections 16 to 19 of the Welfare Reform and Work

 

Act 2016.”

 

( )    

In section 8 of the Social Security Act 1998 (decisions by Secretary of

 

State)—

 

(a)    

in subsection (3) (meaning of “relevant benefit”), after paragraph

 

(bb) insert—

 

“(bc)    

a loan under section 16 of the Welfare Reform and

 

Work Act 2016;”;

 

(b)    

in subsection (4) (meaning of “relevant enactment”), for “or section

 

30 of that Act” substitute “, section 30 of that Act or sections 16 to 19

 

of the Welfare Reform and Work Act 2016”.

 

( )    

In section 11 of the Social Security Act 1998 (regulations with respect to

 

decisions), in subsection (3), in the definition of “the current legislation”,

 

for “and section 30 of that Act” substitute “, section 30 of that Act and

 

sections 16 to 19 of the Welfare Reform and Work Act 2016”.

 

( )    

In section 28 of the Social Security Act 1998 (correction of errors and setting

 

aside of decisions), in subsection (3)—

 

(a)    

omit the “or” after paragraph (i);

 

(b)    

after paragraph (j) insert “; or

 

(k)    

sections 16 to 19 of the Welfare Reform and Work

 

Act 2016.”

 

( )    

In section 39 of the Social Security Act 1998 (interpretation etc of Chapter 2

 

of Part 1), after subsection (1) insert—

 

“(1A)    

In this Chapter—

 

(a)    

a reference to a benefit includes a reference to a loan under

 

section 16 of the Welfare Reform and Work Act 2016;

 
 

 


 
 

4

 
 

(b)    

a reference to a claim for a benefit includes a reference to an

 

application for a loan under section 16 of the Welfare

 

Reform and Work Act 2016;

 

(c)    

a reference to a claimant includes a reference to an applicant

 

for a loan under section 16 of the Welfare Reform and Work

 

Act 2016 or, in relation to a couple jointly applying for a loan

 

under that section, a reference to the couple or either

 

member of the couple;

 

(d)    

a reference to an award of a benefit to a person includes a

 

reference to a decision that a person is eligible for a loan

 

under section 16 of the Welfare Reform and Work Act 2016;

 

(e)    

a reference to entitlement to a benefit includes a reference to

 

eligibility for a loan under section 16 of the Welfare Reform

 

and Work Act 2016.””

 

12

Page 17, line 41, at end insert—

 

“( )    

In section 131 of the Welfare Reform Act 2012 (information-sharing in

 

relation to welfare services etc), in subsection (12), in the definition of

 

“relevant social security benefit” for the words from “has” to the end

 

substitute “means—

 

(a)    

a relevant social security benefit as defined in section

 

121DA(7) of the Social Security Administration Act 1992, or

 

(b)    

a loan under section 16 of the Welfare Reform and Work Act

 

2016 (loans for mortgage interest etc);”.”

Clause 21

13

Page 20, line 23, after “began” insert “at or”

 

14

Page 20, line 39, at end insert—

 

“( )    

For the purposes of subsection (6), a private registered provider’s practice

 

as regards its tenancies is to be determined by reference to its practice as

 

regards the tenancies of its social housing in the year ending with 31 March

 

2016 (and a private registered provider which has no tenancies of its social

 

housing in that year is to be regarded as having no practice as regards its

 

tenancies).”

Clause 22

15

Page 21, line 7, leave out subsection (2) and insert—

 

“(2)    

Section 21 does not apply in relation to social housing of a registered

 

provider if, where the registered provider’s interest in the property that

 

consists of or includes the social housing is subject to a mortgage—

 

(a)    

the mortgagee is in possession of the interest in the property or the

 

part of the property that includes the social housing, in the exercise

 

of the mortgagee’s powers to enforce the mortgage,

 
 

 


 
 

5

 
 

(b)    

a receiver has been appointed in relation to the interest in the

 

property or the part of the property that includes the social housing

 

by—

 

(i)    

the mortgagee, in the exercise of the mortgagee’s powers to

 

enforce the mortgage, or

 

(ii)    

the court, in connection with enforcing the mortgage,

 

    

and that appointment is in force, or

 

(c)    

a person has been appointed by the mortgagee, in the exercise of the

 

mortgagee’s powers to enforce the mortgage (including, in the case

 

of a floating charge which relates to the interest in the property, the

 

power under paragraph 14 of Schedule B1 to the Insolvency Act

 

1986), to exercise powers that include a power to sell or otherwise

 

dispose of the interest in the property or the part of the property

 

that includes the social housing and that appointment is in force.”

 

16

Page 21, line 18, leave out subsection (3) and insert—

 

“(3)    

If—

 

(a)    

a registered provider’s interest in property that consists of or

 

includes social housing was made subject to a mortgage, and

 

(b)    

the interest in the property, or the interest in the part that includes

 

the social housing, is sold or otherwise disposed of after the coming

 

into force of section 21 by—

 

(i)    

the mortgagee, in the exercise of the mortgagee’s powers to

 

enforce the mortgage,

 

(ii)    

a receiver appointed by the mortgagee or by the court as

 

described in subsection (2)(b), or

 

(iii)    

a person appointed by the mortgagee as described in

 

subsection (2)(c),

 

    

section 21 ceases to apply in relation to that social housing at the time of

 

that sale or other disposal.”

 

17

Page 21, line 33, at end insert—

 

“( )    

In subsections (2) and (3)—

 

“mortgage” includes a charge or other security;

 

“mortgagee” includes a person who is entitled to take steps to enforce

 

a charge or other security.”

Clause 24

18

Page 23, line 28, at end insert—

 

“(b)    

regulations under section 26 of that Act, or

 

(c)    

Part 1 of Schedule 2 to that Act.””

 

19

Page 23, line 32, at end insert—

 

“(b)    

regulations under section 26 of that Act, or

 

(c)    

Part 1 of Schedule 2 to that Act.””

 
 

 


 
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