Welfare Reform Bill

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 15th September 2011, as follows—

Clauses 1 to 31
Schedule 1
Clause 32
Schedule 2
Clauses 33 and 34
Schedule 3
Clause 35
Schedule 4
Clause 36
Schedule 5
Clause 37
Schedule 6
Clauses 38 to 48
Schedule 7
Clauses 49 to 69
Schedule 8
Clauses 70 to 88
Schedule 9
Clauses 89 and 90
Schedule 10
Clauses 91 to 99
Schedule 11
Clause 100
Schedule 12
Clauses 101 to 136
Schedule 13
Clause 137
Schedule 14
Clauses 138 to 141

[Amendments marked * are new or have been altered]

Clause 1

LORD KIRKWOOD OF KIRKHOPE

1

Page 1, line 7, leave out “universal credit” and insert “working age entitlement”

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

2*

Page 1, line 7, after “credit” insert “to support work for those who can and provide security for those who cannot”

LORD KIRKWOOD OF KIRKHOPE

3

Page 1, line 7, after “payable” insert “after consultation with other United Kingdom legislatures”

4

Page 1, line 8, leave out “may” and insert “shall”

5

Page 1, line 8, leave out “as follows” and insert “to consultation by the Social Security Advisory Committee”

6

Page 1, line 8, leave out “awarded” and insert “paid”

7

Page 1, line 9, leave out from beginning to “, or” and insert “a single person”

8

Page 1, line 10, leave out “jointly” and insert “independently”

9

Page 1, line 11, leave out “, subject as follows,” and insert “up-rated annually and”

10

Page 1, line 11, after “calculated” insert “as a percentage of national minimum income standards”

11

Page 1, line 13, after first “for” insert “the woman who has”

BARONESS HOLLIS OF HEIGHAM

12

Page 1, line 13, at end insert—

“( ) an amount for council tax,”

LORD KIRKWOOD OF KIRKHOPE

BARONESS MEACHER

13

Page 1, line 14, after “housing” insert “and council tax”

LORD KIRKWOOD OF KIRKHOPE

14

Page 1, line 15, at end insert “, and

( ) amounts for young people not in employment, education or training.”

15

Page 1, line 15, at end insert “, and

( ) amounts for households in the Families Working Everywhere scheme.”

LORD KIRKWOOD OF KIRKHOPE

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill.

Clause 2

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

16

Page 2, line 5, leave out subsection (2)

Clause 4

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

17*

Page 2, line 17, leave out “18” and insert “16”

18

Page 2, line 22, leave out subsection (2)

19

Page 2, line 29, leave out subsection (5)

20

Page 2, line 39, at end insert—

“( ) specify circumstances in which certain groups, which shall include parents, young people and disabled students, are treated as not receiving education.”

21

Page 3, line 3, at end insert—

“( ) Prior to the implementation of regulations made under this section, the Secretary of State shall initiate and respond to a public consultation concerning the operation of the claimant commitment.”

22

Page 3, line 3, at end insert—

“( ) The Secretary of State shall conduct a review into the impact on claimants of accepting a claimant commitment to conclude one year after the coming into force of this Act, and annually thereafter until 2018, and shall publish the reviews to both Houses of Parliament.”

Clause 6

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

23*

Page 3, line 20, leave out paragraph (a)

24*

Page 3, line 27, leave out subsection (3)

Clause 7

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

BARONESS MEACHER

25

Page 3, line 35, leave out from “payable” to end of line 36 and insert “twice per month”

26

Page 3, line 36, at end insert “so that it is payable either twice per month or monthly, as the claimant chooses”

27

Page 3, line 36, at end insert “so that it is payable twice per month where requested by the claimant”

28

Page 3, line 40, at end insert—

“( ) The Secretary of State shall conduct a review into the impact on claimants of monthly payments of universal credit to conclude one year after the coming into force of this Act and annually thereafter until 2018, and shall publish the reviews to both Houses of Parliament.”

Clause 8

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

29*

Page 4, line 12, at end insert—

“( ) an amount in respect of prescribed unearned income calculated as in paragraph (a)”

30*

Page 4, line 18, at end insert—

“( ) The Secretary of State shall conduct a review into the impact of a taper rate on claimants and work incentives to conclude one year after the coming into force of this Act, and shall publish the reviews to both Houses of Parliament.”

Clause 10

BARONESS TYLER OF ENFIELD

31*

Page 4, line 34, at end insert—

“(2A) Regulations are to make provision for the inclusion of an additional amount in respect of any reasonable costs incurred by a claimant in respect of the provision of relevant registered childcare for such a child or qualifying young person.

(2B) In subsection (2A), in making provision for the level of reasonable costs of childcare to be added, consideration must be given to any differences in the level of childcare costs between different areas.

(2C) In subsection (2A) “relevant registered childcare” means registered childcare reasonably required as a consequence of the claimant working for earned income.”

32*

Page 4, line 36, at end insert “but amounts included under subsection (2) will include—

(a) a “higher disability addition” if the child or qualifying young person receives the middle or higher rate care component of disability living allowance (or equivalent of the personal independence payment), or

(b) a “disability addition” if the child or qualifying young person receives any component of disability living allowance (or equivalent of the personal independence payment), except when receiving the middle or high rate care component”

33*

Page 4, line 36, at end insert “but these amounts should be no less than the additional amounts provided under the benefits and tax credits system prior to the introduction of the universal credit”

Clause 11

BARONESS HOLLIS OF HEIGHAM

34

Page 5, line 14, after second “payments” insert “and council tax”

LORD RIX

35

Page 5, line 21, at end insert—

“(3A) Regulations under subsection (3)(a) must ensure that payment for mortgage interest is and continues to be made available long-term for people acquiring a home via the Home Ownership for People with Long-term Disabilities (HOLD) scheme.”

LORD KIRKWOOD OF KIRKHOPE

LORD KENNEDY OF SOUTHWARK

36

Page 5, line 22, leave out subsection (4) and insert—

“(4) For the purposes of subsection (1), the appropriate amount of housing costs (in this section referred to as “the appropriate amount”) is determined in accordance with subsections (4A) to (4I).

(4A) Regulations shall prescribe the manner in which the appropriate amount is to be determined.

(4B) In relation to rents chargeable in respect of properties let by local housing authorities and by private registered providers of social housing, the appropriate amount shall be 100% of the rent.

(4C) For the purposes of subsection (4B), “rent” means the contractual rent or other payment in respect of the occupation of residential premises due under a letting agreement, subject to deduction only of any amounts payable in respect of water rates and heating and any other payments not related to the provision of adequate accommodation.

(4D) Subject to subsection (4B), the regulations shall provide for the appropriate amount to be ascertained in the prescribed manner by reference to rent officer determinations.

(4E) The regulations may require an authority administering claims for housing costs in any prescribed case—

(a) to apply for a rent officer determination, and

(b) to do so within such time as may be specified in the regulations.

(4F) The regulations shall make provision for the level of rent officer determinations in respect of each prescribed description of property in the locality to be reviewed on a monthly basis.

(4G) For the purpose of subsection (4F), the “locality” means such area as may be ascertained in accordance with the regulations.

(4H) The regulations may make provision as to the circumstances in which, for the purpose of determining the appropriate amount, the amount of the liability mentioned in subsection (1) must be taken to be the amount of a rent officer determination instead of the actual amount of that liability.

(4I) A rent officer determination is a determination made by a rent officer in the exercise of functions under section 122 of the Housing Act 1996.”

BARONESS HOLLIS OF HEIGHAM

37

Page 5, line 23, at end insert—

“(4A) Regulations shall provide that any deduction or deductions to be made from the housing costs element of universal credit in respect of non-dependant members of the household shall not exceed 50 per cent of such amount.”

LORD KIRKWOOD OF KIRKHOPE

LORD MCKENZIE OF LUTON

LORD KENNEDY OF SOUTHWARK

38

Page 5, line 29, at end insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a person has provided the relevant authority with such certificates, documents, information or evidence as are sufficient to satisfy the authority that the person is disabled and is living in a property specially adapted or particularly suited to meet the needs of that person.”

39

Page 5, line 29, at end insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a person in the household is in receipt of any component of Disability Living Allowance or (as the case may be) of personal independence payment.”

LORD KIRKWOOD OF KIRKHOPE

LORD KENNEDY OF SOUTHWARK

40

Page 5, line 29, at end insert—

“(6) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a household is providing a foster care placement.”

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

[As an amendment to Amendment 40]

41*

At end insert—

“(7) Subsection (6) is subject to the provision that the amount of liability will be based upon the type of property reasonably required for a household which is providing or routinely provides foster care placements.”

LORD KIRKWOOD OF KIRKHOPE

LORD MCKENZIE OF LUTON

LORD KENNEDY OF SOUTHWARK

42

Page 5, line 29, at end insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a household is living in supported or sheltered housing.”

43

Page 5, line 29, at end insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a person has no means of avoiding a universal credit reduction for under-occupying a property let by a local housing authority or private registered provider of social housing because no suitable alternative social rented sector accommodation is available in the locality.”

LORD KIRKWOOD OF KIRKHOPE

LORD KENNEDY OF SOUTHWARK

44

Page 5, line 29, at end insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a household has no more than one spare bedroom.”

BARONESS HOLLIS OF HEIGHAM

45

Page 5, line 29, at end insert—

“(6) Regulations shall provide that where the award for housing costs is restricted to the shared accommodation rate, this shall not apply to any claimant who—

(a) is severely disabled;

(b) is a care leaver aged under 22 years;

(c) has resided in a homelessness hostel and received housing support for a period of at least three months;

(d) is considered a risk to others;

(e) is pregnant;

(f) is considered vulnerable as a result of mental illness, or mental or physical disability, or other special reason;

(g) is considered vulnerable by reason of violence from another person or threats of violence from another person which are likely to be carried out;

(h) is considered vulnerable as a consequence of previous homelessness, drug or alcohol addiction;

(i) is considered vulnerable as a consequence of their institutional background;

(j) is a non-resident parent and it is considered that living in shared accommodation would adversely affect his relationship with his or her child or children.”

46

Page 5, line 29, at end insert—

“(6) Regulations shall provide that where the award for housing costs is restricted to the shared accommodation rate, this shall not apply for a period of 52 weeks for any claimant who was able to meet the financial commitments for his dwelling when they were entered into unless that dwelling is shared accommodation.

(7) Subsection (6) shall not apply where a claimant was previously entitled to benefit in respect of an award of housing benefit which fell wholly or partly less than 52 weeks before the commencement of the claimant’s current award of housing benefit.”

BARONESS HOLLIS OF HEIGHAM

LORD BEST

47

Page 5, line 29, at end insert—

“(6) Regulations shall provide that the Secretary of State for Work and Pensions will review not less than every two years the relationship between housing costs in the private rented sector and the level of the housing component of universal credit.

(7) Regulations shall provide that the Secretary of State for Work and Pensions must amend the calculation of housing costs where this is necessary to ensure that at least the 30th percentile of the list of private rented properties in each locality remains affordable to claimants, in light of the review under subsection (6).”

BARONESS HOLLIS OF HEIGHAM

48

Page 5, line 29, at end insert—

“( ) Regulations shall provide that it is the duty of the landlord to provide suitable alternative accommodation for tenants of social housing on housing benefit who are under-occupying their present accommodation; and that if such suitable alternative accommodation is not offered by or available from the social landlord or consortium of social landlords, then the tenant shall continue to receive his or her housing benefit as previously awarded.

( ) Regulations shall exclude from any reduction in housing benefit due to under-occupying those tenants whose present accommodation has been significantly adapted to meet their disability needs.”

After Clause 11

LORD BEST

BARONESS MEACHER

LORD KENNEDY OF SOUTHWARK

49

Insert the following new Clause—

“Payment of housing costs

(1) This section applies to payments of the housing cost element of the universal credit.

(2) Payment of the housing costs element of the universal credit must be made to a person’s landlord where that person has requested or consented to such payment in agreement with their landlord.

(3) Regulations made by the Secretary of State may prescribe the circumstances in which subsection (2) does not apply.

(4) Regulations made by the Secretary of State shall prescribe the person who is to be treated as the landlord for the purposes of this section and shall make provision as to the discharge of liability consequent upon the making of any payments to the landlord.”

Clause 12

BARONESS TYLER OF ENFIELD

50*

Page 5, line 38, at end insert—

“(d) the fact that a claimant is a severely disabled person with no non-dependent aged 18 or over normally residing with that person and no one receiving carer’s allowance for looking after him or her.”

After Clause 12

LORD KIRKWOOD OF KIRKHOPE

51

Insert the following new Clause—

“Childcare costs in the universal credit

(1) The amount in respect of other particular needs or circumstance, under section 12, shall include a childcare element for claimants who are in work, except in prescribed circumstances.

(2) The maximum award of the childcare element shall be a prescribed proportion of childcare costs (not less than 80 per cent, or 90 per cent where the element contributes to care for a disabled child), up to a prescribed maximum value (not less than £175 per week for one child and £300 for two or more children).

(3) “Children charges” are charges of a prescribed description incurred in respect of childcare by the claimant or claimants by whom a universal claim is made.

(4) “Childcare”, in relation to a person or persons, means care provided—

(a) for any child up to the last day in the week in which 1 September falls following the child’s 15th birthday or their 16th birthday if they are disabled, for whom the person is responsible, or for whom either or both of the persons is or are responsible; and

(b) by a person of a prescribed description.

(5) For the purposes of this section, regulations are to provide for a definition of “work”.”

After Clause 30

LORD KIRKWOOD OF KIRKHOPE

52

Insert the following new Clause—

“Universal credit: transitional provisions

Nothing in this Part will reduce current benefit entitlement available to claimants until after the transitional protection provisions commence 12 months after this Act is passed.”

Schedule 2

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

53*

Page 118, line 35, leave out paragraph 64

Clause 35

BARONESS HOLLIS OF HEIGHAM

54

Page 16, line 39, after “benefit” insert “and council tax benefit”

Schedule 4

BARONESS HOLLIS OF HEIGHAM

55

Page 123, line 17, after second “payments” insert “and council tax”

After Clause 41

LORD KIRKWOOD OF KIRKHOPE

BARONESS MEACHER

56

Insert the following new Clause—

“Benefit regulator

Nothing in this Part shall be introduced until a claimant regulatory authority is established to oversee the professional standards being observed by those government departments and other agencies delivering universal credit and other benefits.”

Clause 43

LORD FREUD

57

Page 20, line 9, at end insert—

“( ) section 4(7) (acceptance of claimant commitment);”

58

Page 20, line 12, leave out from “9(2)” to end of line 13 and insert “and (3) (standard allowance)”

LORD GERMAN

59

Page 20, line 13, at end insert—

“( ) section 9(3) (standard allowance: exceptions);”

LORD FREUD

60

Page 20, line 14, leave out from “10(3)” to end of line 15 and insert “and (4) (children and young persons element)”

LORD GERMAN

61

Page 20, line 15, at end insert—

“( ) section 10(4) (responsibility for children and young persons: exceptions);”

LORD FREUD

62

Page 20, line 17, at end insert—

“( ) section 18(3) and (5) (work availability requirement);”

LORD GERMAN

63

Page 20, line 18, leave out paragraph (g)

64

Page 20, line 20, leave out paragraph (i)

65

Page 20, line 23, at end insert—

“( ) A statutory instrument containing regulations made by the Secretary of State under this Part by virtue of section 4(7) (basic conditions), alone or with other regulations, is subject to the affirmative resolution procedure.”

66

Page 20, line 23, at end insert—

“( ) A statutory instrument containing regulations made by the Secretary of State under this Part by virtue of section 6(1)(a) (restrictions on entitlement), alone or with other regulations, is subject to the affirmative resolution procedure.”

67

Page 20, line 23, at end insert—

“( ) A statutory instrument containing regulations made by the Secretary of State under this Part by virtue of section 18 (work availability requirement), alone or with other regulations, is subject to the affirmative resolution procedure.”

68

Page 20, line 23, at end insert—

“( ) A statutory instrument containing regulations made by the Secretary of State under this Part by virtue of section 19(2)(d) (claimants subject to no work-related requirement), alone or with other regulations, is subject to the affirmative resolution procedure.”

69

Page 20, line 23, at end insert—

“( ) A statutory instrument containing regulations made by the Secretary of State under this Part by virtue of section 28 (hardship payments), alone or with other regulations, is subject to the affirmative resolution procedure.”

70

Page 20, line 42, leave out “made by the Scottish Ministers”

After Clause 43

LORD KIRKWOOD OF KIRKHOPE

71

Insert the following new Clause—

“Universal credit: requirement for simplicity

Nothing in the regulations giving effect to this Part shall introduce avoidable complexity to the claiming, calculation or payment of universal credit.”

Clause 47

LORD GERMAN

 

The Lord German gives notice of his intention to oppose the Question that Clause 47 stand part of the Bill.

Clause 51

LORD FREUD

72

Page 36, leave out lines 31 to 35 and insert—

“(3) In calculating for the purposes of subsection (1) the length of the period for which a person is entitled to a contributory allowance, the following are not to be counted—

(a) days in which the person is a member of the support group,

(b) days not falling within paragraph (a) in respect of which the person is entitled to the support component referred to in section 2(1)(b), and

(c) days in the assessment phase, where the days immediately following that phase fall within paragraph (a) or (b).

(4) In calculating for the purposes of subsection (1) the length of the period for which a person is entitled to a contributory allowance, days occurring before the coming into force of this section are to be counted (as well as those occurring afterwards).””

LORD PATEL

BARONESS LISTER OF BURTERSETT

LORD CRISP

73

Page 36, leave out lines 32 and 33 and insert—

“(a) does not include any days occurring before the coming into force of this section.”

74

Page 36, line 35, at end insert—

“(c) does not include any days during the 13-week assessment phase”

75

Page 36, line 35, at end insert—

“(4) The period of days referred to in subsection (1) shall restart following any period in which a person is a member of the support group.”

 

The above-named Lords give notice of their intention to oppose the Question that Clause 51 stand part of the Bill.

Clause 52

LORD FREUD

76

Page 37, line 10, leave out subsection (5) and insert—

“(5) In calculating for the purposes of subsection (4) the length of the period for which a person is entitled to an employment and support allowance, the following are not to be counted—

(a) days in which the person is a member of the support group (within the meaning of Part 1 of the Welfare Reform Act 2007),

(b) days not falling within paragraph (a) in respect of which the person is entitled to the support component referred to in section 2(1)(b) of the Welfare Reform Act 2007, and

(c) days in the assessment phase (within the meaning of Part 1 of the Welfare Reform Act 2007), where the days immediately following that phase fall within paragraph (a) or (b).

(6) In calculating for the purposes of subsection (4) the length of the period for which a person is entitled to an employment and support allowance, days occurring before the coming into force of this section are to be counted (as well as those occurring afterwards).”

Clause 68

LORD GERMAN

77

Page 52, line 36, at end insert—

“( ) A statutory instrument containing the first regulations made by the Secretary of State under subsection (3), (5) or (6), alone or with other regulations, is subject to the affirmative resolution procedure.”

LORD FREUD

78

Page 52, line 36, at end insert—

“( ) In section 176(1) of that Act (Parliamentary control), after paragraph (aa) there is inserted—

“(ab) the first regulations made by virtue of section 130A(5) or (6);”.

LORD KIRKWOOD OF KIRKHOPE

LORD RIX

LORD BEST

BARONESS MEACHER

79

Page 52, line 36, at end insert—

“( ) After subsection (7) insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a person has provided the relevant authority with such certificates, documents, information or evidence as are sufficient to satisfy the authority that the person is disabled and is living in a property specially adapted or particularly suited to meet the needs of that person.””

80

Page 52, line 36, at end insert—

“( ) After subsection (7) insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a person in the household is in receipt of any component of Disability Living Allowance or (as the case may be) of personal independence payment.””

81

Page 52, line 36, at end insert—

“( ) After subsection (7) insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a household is providing a foster care placement.””

82

Page 52, line 36, at end insert—

“( ) After subsection (7) insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a household is living in supported or sheltered housing.””

83

Page 52, line 36, at end insert—

“( ) After subsection (7) insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a person has no means of avoiding a housing benefit reduction for under-occupying a property let by a local housing authority or private registered provider of social housing because no suitable alternative social rented sector accommodation is available in the locality.””

84

Page 52, line 36, at end insert—

“(4) After subsection (7) insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a household has no more than one spare bedroom.””

THE EARL OF LISTOWEL

85*

Page 52, line 36, at end insert—

“( ) After subsection (7) insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a household is awaiting for a child to be returned from the care of a local authority.””

86*

Page 52, line 36, at end insert—

“( ) After subsection (7) insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a household is providing accommodation to a care-leaver.””

Clause 86

LORD RIX

87

Page 60, line 17, at end insert “biennially for the first six years after those sections come into force”

88

Page 60, line 18, leave out “3” and insert “2”

Schedule 9

LORD FREUD

89

Page 133, line 10, leave out from beginning to end of line 28 on page 134

90

Page 137, line 35, leave out from beginning to end of line 9 on page 140

91

Page 141, line 1, after “paragraph 3” insert “—

(a) in paragraph (f), the final “or” is repealed;”

92

Page 141, line 4, at end insert—

“(i) section 84 of that Act.”

93

Page 141, leave out lines 12 to 16

94

Page 141, line 37, leave out paragraph 62

95

Page 142, leave out lines 9 to 34

Clause 91

LORD GERMAN

96

Page 61, line 30, at end insert—

“( ) A statutory instrument containing (whether alone or with other provision) regulations made under section 76(4) or 77(4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

LORD FREUD

97

Page 61, line 32, leave out “either or both” and insert “any”

98

Page 61, line 32, at end insert—

“( ) the first regulations under section 76(4) or 77(4);”

LORD GERMAN

99

Page 61, line 41, leave out “made by the Scottish Ministers”

Clause 94

LORD FREUD

100

Page 63, line 31, at end insert—

“( ) A statutory instrument containing the first regulations under section 93 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.”

LORD GERMAN

101

Page 63, line 32, leave out subsection (3) and insert—

“( ) A statutory instrument containing (whether alone or with other provision) regulations made under section 93 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

LORD FREUD

102

Page 63, line 32, after “containing” insert “other”

After Clause 98

LORD RAMSBOTHAM

103

Insert the following new Clause—

“Benefits payments to prisoners

(1) Regulations shall provide that a person undergoing imprisonment or detention in legal custody who, at the time that imprisonment or custody commences, is in receipt of any of the qualifying benefits, shall be assessed, during his time in imprisonment or custody, for eligibility for those benefits at the time of his release from imprisonment or custody.

(2) For the purposes of this section, the qualifying benefits are—

(a) universal credit;

(b) jobseeker’s allowance;

(c) employment and support allowance;

(d) income support;

(e) personal independence payment, to the extent provided for in regulations made under section 84 (prisoners) above; and

(f) any other benefits provided for in regulations made under this section.

(3) Regulations made under this section shall provide that the assessment required under subsection (1) shall commence as soon as a person is received into imprisonment or custody.

(4) Regulations shall in particular provide that a person appointed by the Secretary of State shall record, at the time a person is received into imprisonment or custody, details of any qualifying benefits which are in payment at that time, together with any personal information needed to establish the person’s identity, including but not limited to their national insurance number.

(5) An assessment of eligibility under subsection (1) shall be completed in such time as to ensure that the person assessed receives payment of any benefits for which he is assessed as being eligible no later than one week after his release from imprisonment or custody.

(6) Regulations under this section shall be made by the Secretary of State and shall be subject to the affirmative resolution procedure.”

Clause 111

LORD FREUD

104

Page 78, line 12, at end insert—

“(2) In section 190 of that Act (parliamentary control of orders and regulations), in subsection (1), before paragraph (za) insert—

“(zza) an order under section 115A(3B);”.”

Clause 113

LORD FREUD

105

Page 80, line 16, at end insert—

“(2) In section 190 of that Act (parliamentary control of orders and regulations), in subsection (1), before paragraph (za) insert—

“(zzb) regulations under section 115C(2) or 115D(1) or (2);”.”

LORD GERMAN

106

Page 80, line 16, at end insert—

“( ) A statutory instrument containing (whether alone or with other provision) regulations made under section 115C or 115D above may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

After Clause 113

LORD RAMSBOTHAM

107

Insert the following new Clause—

“Means inquiry before sanctions, penalties and recovery of overpayments are imposed

(1) In respect of the imposition of an overpayment or sanction under the Jobseeker’s Act 1995 or any other provision or in the case of a penalty imposed under section 115C of the Social Security Administration Act 1992, the Secretary of State shall consider—

(a) evidence of the physical condition of the claimant and his or her state of health;

(b) evidence of the psychological state of health of the claimant;

(c) evidence relating to the means and income of the claimant;

(d) evidence relating to the accommodation occupied by the claimant and the effect that the imposition of a sanction or penalty may have on the right to occupy such accommodation;

(e) the family circumstances of the claimant and the impact that it may have on other family members and dependents;

(f) evidence of the impact that a sanction or penalty may have on the ability of the claimant to fulfil obligations to third parties including those relating to the fulfilment of benefit entitlement conditions,

before deciding whether to impose a sanction or penalty and shall only do so where, having considered all the relevant circumstances, it is reasonable to do so.

(2) Regarding evidence as to means the Secretary of State must consider—

(a) the income of the claimant;

(b) the capital of the claimant;

(c) the expenditure of the claimant.

(3) In order to facilitate the enquiry into the matters set out in subsection (1), the Secretary of State or authority may—

(a) arrange for a medical examination of the claimant;

(b) obtain information from any agency holding relevant information on the income and resources of the claimant;

(c) receive evidence from any other person or persons with a knowledge of the circumstances of the claimant;

(4) A person who is subject to a penalty may appeal to a tribunal (lower tier) against the imposition of such a penalty.”

Clause 126

LORD FREUD

108

Page 96, line 20, leave out second “prescribed” and insert “relevant social security”

109

Page 97, line 35, leave out subsection (12)

110

Page 97, line 45, leave out from beginning to end of line 2 on page 98

111

Page 98, line 8, at end insert—

““relevant information” means information relating to—

(a) any relevant social security benefit, or

(b) welfare services;

“relevant social security benefit” has the meaning given in section 121DA(7) of the Social Security Administration Act 1992;”

112

Page 98, line 16, at end insert—

““welfare services” includes services which provide accommodation, support, assistance, advice or counselling to individuals with particular needs, and for these purposes “assistance” includes assistance by means of a grant or loan or the provision of goods or services.”

After Clause 129

LORD KIRKWOOD OF KIRKHOPE

113

Insert the following new Clause—

“Office for Social Protection

An Office for Social Protection shall be established to examine and report on the adequacy and sustainability of contributory, means-tested and other social security benefits, conditions relating to entitlement, and appeals mechanisms within the social security system.”

Clause 133

LORD FREUD

114

Insert the following new Clause—

“Recovery of child support maintenance by deduction from benefit

In section 43 of the Child Support Act 1991 (as substituted by the Child Support, Pensions and Social Security Act 2000), for subsections (1) and (2) there is substituted—

“(1) The power of the Secretary of State to make regulations under section 5 of the Social Security Administration Act 1992 by virtue of subsection (1)(p) of that section may be exercised with a view to securing the making of payments in respect of child support maintenance by a non-resident parent.

(2) The reference in subsection (1) to the making of payments in respect of child support maintenance includes the recovery of—

(a) arrears of child support maintenance, and

(b) fees payable under section 6 of the Child Maintenance and Other Payments Act 2008.””

Schedule 14

LORD FREUD

115

Page 173, leave out lines 5 to 10

116

Page 173, leave out lines 21 to 27

117

Page 173, line 34, leave out “(b)” and insert “(a)”

118

Page 174, leave out lines 12 to 17

Prepared 3rd October 2011