Welfare Reform Bill

REVISED
FIFTH
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 11 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 11

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

34ZA*

Page 5, line 4, at end insert—

“( ) Such an amount shall remain in payment in the event of the claimant lodging an appeal regarding any aspect of universal credit.”

BARONESS HOLLIS OF HEIGHAM

34A

Page 5, line 16, at end insert “taking into account the availability of suitable accommodation”

LORD RIX

LORD WIGLEY

35

Page 5, line 21, at end insert—

“( ) Regulations under subsection (3)(a) must ensure that payment for mortgage interest 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

BARONESS MEACHER

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 per cent 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—

“( ) 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 BEST

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 BEST

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 BEST

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 BEST

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—

“( ) 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 or her 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.”

LORD WHITTY

48A

Page 5, line 29, at end insert—

“( ) Inclusion of the housing cost element in the calculation of universal credit will not be implemented until after the Secretary of State has conducted a review of all aspects of state support to housing, housing benefit and council tax benefit and has reported to Parliament on the outcome of that review, and that report has been debated by both Houses of Parliament.”

48B

Page 5, line 29, at end insert—

“( ) Regulations may provide for a later date for the implementation of the inclusion of the housing cost element in the universal credit than provided for other elements.”

LORD GERMAN

48C*

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 includes a disabled child.”

48D*

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 parents whose child or children are subject to section 44 of the Children’s Act 1989, Emergency Protection Order, or section 38 of the Children’s Act 1989, Interim Care Order.”

LORD KENNEDY OF SOUTHWARK

 

Lord Kennedy of Southwark gives notice of his intention to oppose the Question that Clause 11 stand part of the Bill

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 cost 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

LORD NORTHBOURNE

49A

Page 5, line 38, leave out “severely disabled person” and insert “person (which may include a child) who is severely disabled mentally or physically”

BARONESS THOMAS OF WINCHESTER

BARONESS TYLER OF ENFIELD

LORD GERMAN

LORD STONEHAM OF DROXFORD

50

Page 5, line 38, at end insert—

“( ) 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.”

BARONESS GREENGROSS

50A

Page 5, line 38, at end insert—

“( ) the fact that a claimant has reached the qualifying age for state pension credit.”

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

50B

Page 5, line 40, at end insert “and arrangements for its annual uprating”

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”.”

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

[As an amendment to Amendment 51]

51A

Line 19, at end insert—

“( ) Except in prescribed circumstances, the childcare element shall not be paid where a claimant is in work for fewer than a prescribed number of hours per week or, in the case of a couple, where one or both of the claimants are in work for fewer than a prescribed number of hours per week.”

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

51B

Insert the following new Clause—

“School meals

(1) The amount in respect of other particular needs or circumstances, under section 12, shall include an amount in respect of school meals for any dependents of the claimant.

(2) The maximum award of the amount under this section shall be 100% of the cost that the claimant would expect to incur in respect of school meals, up to a prescribed maximum value per child.

(3) Regulations shall specify the circumstances under which a claimant shall be entitled to an amount under this section.

(4) Under no circumstances shall any amount payable under this section be included in the “relevant amount” specified in section 93(5) of this Act.”

51C

Insert the following new Clause—

“Health costs

(1) The amount in respect of other needs or circumstances, under section 12 of this Act, shall include an amount in respect of health costs.

(2) The maximum award of the amount under this section shall be 100% of the cost that the claimant would expect to incur in respect of prescribed health costs such as prescription, dental and optical charges, up to a prescribed maximum value.

(3) Regulations shall specify the circumstances under which a claimant shall be entitled to an amount under this section.

(4) Under no circumstances shall any amount payable under this section be included in the “relevant amount” specified in section 93(5) of this Act.”

LORD KNIGHT OF WEYMOUTH

51CA

Insert the following new Clause—

“Secretary of State obligations

Before the implementation of the universal credit system can commence, the Secretary of State shall publish a report to both Houses of Parliament demonstrating that the following have been fully tested and established—

(a) the relevant Department of Work and Pensions IT system,

(b) the relevant Her Majesty’s Revenue and Customs IT systems,

(c) the integration of the necessary IT systems,

(d) any necessary administrative agreements between the Department of Work and Pensions, local authorities and other delivery agents, and

(e) other systems and processes necessary for the successful delivery of the universal credit system.”

Clause 13

THE EARL OF LISTOWEL

51CAA*

Page 6, line 8, at end insert—

“(1A) The Secretary of State shall, when imposing work-related requirements with which claimants must comply, ensure that claimants have the necessary type and level of personalised support, and access to localised support, to enable them to obtain employment, or to undertake work or work related activity.”

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

51CAB*

Page 6, line 8, at end insert—

“(1A) The Secretary of State shall, when imposing work related requirements with which claimants must comply, ensure that claimants have the necessary type and levels of personalised support, and access to localised support, to enable them to obtain employment, or to undertake work or work related activity.”

Clause 14

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

51CAC*

Page 6, line 23, at end insert “and a statement of the responsibilities of the Secretary of State with regard to that claimant”

LORD SKELMERSDALE

51CB

Page 6, line 24, leave out from “prepared” to end of line 25 and insert “on behalf of the Secretary of State by an officer who is specifically trained according to prescribed regulations and whose performance is regularly monitored”

51CC

Page 6, line 26, leave out from “commitment” to end and insert “may be reviewed and updated by an officer of the Secretary of State in conjunction with the claimant”

BARONESS HOLLINS

51CD

Page 6, line 33, at end insert “, and

“(d) if the claimant has a long term health condition or impairment, the claimant commitment must specifically address any reasonable adjustments which need to be made.”

Clause 16

BARONESS HOLLINS

51CE

Page 7, line 31, at end insert—

“( ) Evidence from the claimant’s own health care professionals must be sought and taken into account as part of any work-focused health-related assessment.”

Clause 19

BARONESS DRAKE

51D

Page 9, line 16, at end insert—

“(e) the claimant is a family and friends carer who takes on the care of a child—

(i) where the child comes to live with the carer as a result of—

(a) plans made under a child protection inquiry in accordance with section 47 of the Children Act 1989;

(b) inquiries in accordance with section 53 of the Children (Scotland) Act 1995; or

(c) an investigation in accordance with section 37 of the Children Act 1989;

and the local authority states that the child cannot remain with the parents in the current circumstances;

(ii) where the carer has secured a residence order, including a residence order under section 11 of the Children (Scotland) Act 1995, or special guardianship order—

(a) to avoid a child being looked after where there is professional evidence of the impairment of the parents’ ability to care for the child;

(b) arising out of care proceedings;

(c) following the accommodation of a child; or

(d) following the death or serious illness of a parent;

(iii) where the carer is an approved kinship carer in accordance with Part V of the Looked After Children (Scotland) Regulations 2009; or

(iv) where the child would suffer undue hardship if the exemption did not apply.

(2A) Subsection (2)(e) applies for the first year of the claimant being the child’s carer.”

LORD NORTHBOURNE

51E

Page 9, line 30, at end insert—

“( ) a person who understands or is prepared to make a commitment to learn about the care and parenting needs of a child within the age group of the child for whom he or she is going to care,”

Clause 24

LORD NORTHBOURNE

51F

Page 11, line 24, at end insert—

“( ) The matters prescribed under subsection (2) shall include the well-being of any child whose life or care may be affected by the requirements of this section.”

Clause 26

BARONESS HOLLINS

51FA

Page 13, line 8, at end insert—

“(d) if the claimant has a long term health condition or impairment, the Secretary of State must specifically address whether the health condition or impairment had an impact on the failure to comply and as such should be seen as good cause.”

Clause 30

LORD KENNEDY OF SOUTHWARK

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

51G

Page 15, line 15, after “sections” insert “11 and”

LORD KENNEDY OF SOUTHWARK

51H

Page 15, line 21, at end insert—

“( ) effective, face-to-face delivery to ensure that the universal credit is provided correctly the first time in relation to housing costs,

( ) the role of local authorities in assisting the administration of the universal credit.”

LORD FREUD

 

Lord Freud gives notice of his intention to oppose the Question that Clause 30 form part of the Bill.

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 1

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

BARONESS DRAKE

52A

Page 107, line 9, at end insert “whether for a limited period or otherwise”

BARONESS HOWE OF IDLICOTE

BARONESS LISTER OF BURTERSETT

52B

Page 107, line 20, at end insert “and this will include an additional prescribed minimum level of earned income for claimants in receipt of the universal credit additional amount for caring responsibilities, and will be paid in addition to any other prescribed minimum level”

Schedule 2

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

53

Page 118, line 35, leave out paragraph 64

Clause 34

LORD KENNEDY OF SOUTHWARK

53A

Page 16, line 27, leave out paragraph (d)

53B

Page 16, line 27, at end insert “from 1st October 2017”

Clause 35

BARONESS HOLLIS OF HEIGHAM

54

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

Schedule 4

LORD WHITTY

 

The Lord Whitty gives notice of his intention to oppose the Question that Schedule 4 be the Fourth Schedule to the Bill.

BARONESS HOLLIS OF HEIGHAM

55

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

Schedule 6

LORD KENNEDY OF SOUTHWARK

55A

Page 127, line 24, at end insert—

“( ) The provision referred to in paragraph 1(1) includes provision for the Secretary of State to publish a report on how a claim involving the housing cost element of universal credit can be made before the appointed day without local authority or face-to-face assistance.”

55B

Page 127, line 24, at end insert—

“( ) The provision referred to in paragraph 1(1) includes provision for the Secretary of State to satisfy himself or herself that an appropriate pilot has been conducted on how a claim involving the housing cost element of universal credit can be made before the appointed day without local authority or face-to-face assistance.”

Clause 38

THE COUNTESS OF MAR

BARONESS HOWE OF IDLICOTE

BARONESS GARDNER OF PARKES

55C

Page 17, line 32, at end insert—

“(6A) Regulations under this section must provide that, for a claimant to be treated as not having limited capability for work, the claimant must be able to—

(a) reliably perform their work on a sustainable basis, for at least 26 weeks, without requiring excessive leave or absences;

(b) work in open unsupported employment without requiring excessive support to perform their work.

(6B) For the purposes of regulations made under this section—

“work” means work—

(a) that is for at least 16 hours per week on wages that are at or above the relevant minimum wage; and

(b) that exists in the United Kingdom;

“excessive support” means more than what is usually considered to be reasonable adjustments or normal supervision (or both).”

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.”

Before Clause 42

LORD FREUD

56A

Insert the following new Clause—

“Pilot schemes

(1) Any power to make—

(a) regulations under this Part,

(b) regulations under the Social Security Administration Act 1992 relating to universal credit, or

(c) regulations under the Social Security Act 1998 relating to universal credit,

may be exercised so as to make provision for piloting purposes.

(2) In subsection (1), “piloting purposes”, in relation to any provision, means the purposes of testing—

(a) the extent to which the provision is likely to make universal credit simpler to understand or to administer,

(b) the extent to which the provision is likely to promote—

(i) people remaining in work, or

(ii) people obtaining or being able to obtain work (or more work or better-paid work), or

(c) the extent to which, and how, the provision is likely to affect the conduct of claimants or other people in any other way.

(3) Regulations made by virtue of this section are in the remainder of this section referred to as a “pilot scheme”.

(4) A pilot scheme may be limited in its application to—

(a) one or more areas;

(b) one or more classes of person;

(c) persons selected—

(i) by reference to prescribed criteria, or

(ii) on a sampling basis.

(5) A pilot scheme may not have effect for a period exceeding three years, but—

(a) the Secretary of State may by order made by statutory instrument provide that the pilot scheme is to continue to have effect after the time when it would otherwise expire for a period not exceeding twelve months (and may make more than one such order);

(b) a pilot scheme may be replaced by a further pilot scheme making the same or similar provision.

(6) A pilot scheme may include consequential or transitional provision in relation to its expiry.”

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.”

LORD FREUD

69A

Page 20, line 25, leave out from beginning to “(pilot” and insert “by virtue of section (pilot schemes)”

LORD GERMAN

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.”

LORD KENNEDY OF SOUTHWARK

71A

Insert the following new Clause—

“Transferring staff to government departments

Staff transferring from local authorities to relevant government departments to—

(a) administer housing costs,

(b) administer the housing element of pension credit, or

(c) to detect fraud,

shall do so under the Transfer of Undertakings Protection of Employment (TUPE) Regulations 2006.”

71B

Insert the following new Clause—

“Transferring staff to government departments (No. 2)

Local authorities shall be able to claim compensation from the relevant government department for any commercial contract penalties, staffing costs and other new burdens associated with the transfer of any housing cost administration and fraud detection work, under a scheme to be drawn up by the Secretary of State.”

Clause 44

LORD SKELMERSDALE

71C

Page 21, line 17, at end insert “who is specifically trained according to prescribed regulations and whose performance is regularly monitored”

71D

Page 21, line 18, at end insert “in conjunction with the claimant”

BARONESS HOLLINS

71E*

Page 21, line 21, at end insert “, and

(e) if the claimant has a long term health condition or impairment the claimant commitment must specifically address any reasonable adjustments which need to be made.”

THE EARL OF LISTOWEL

71F*

Page 21, line 36, at end insert—

“(4A) A claimant shall not be invited to accept a claimant commitment by an employment officer unless the employment officer has taken steps to ensure, and is satisfied, that the claimant will have the necessary type and level of personalised support, and access to localised support, to enable them to comply with the claimant commitment and to obtain employment, or to undertake work or work related activity.”

Clause 46

BARONESS HOLLINS

71G*

Page 24, line 39, at end insert—

“(c) if the claimant has a long term health condition or impairment, the Secretary of State must specifically address whether the health condition or impairment had an impact on the failure to comply and as such should be seen as good cause.”

71H*

Page 26, line 12, at end insert—

“(c) if the claimant has a long term health condition or impairment, the Secretary of State must specifically address whether the health condition or impairment had an impact on the failure to comply and as such should be seen as good cause.”

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 49

BARONESS HOLLINS

71J*

Page 29, line 11, at end insert “, and

(d) if the claimant has a long term health condition or impairment the claimant commitment must specifically address any reasonable adjustments which need to be made.”

71K*

Page 33, line 32, at end insert—

“(d) if the claimant has a long term health condition or impairment the Secretary of State must specifically address whether the health condition or impairment had an impact on the failure to comply and as such should be seen as good cause.”

71L*

Page 34, line 28, at end insert—

“(d) if the claimant has a long term health condition or impairment the Secretary of State must specifically address whether the health condition or impairment had an impact on the failure to comply and as such should be seen as good cause.”

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

BARONESS MORGAN OF DREFELIN

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.”

LORD PATEL

BARONESS LISTER OF BURTERSETT

LORD CRISP

 

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).”

LORD PATEL

 

The Lord Patel gives notice of his intention to oppose the Question that Clause 52 stand part of the Bill.

Clause 55

BARONESS HOLLINS

76A*

Page 39, line 37, at end insert “, and

(d) the claimant commitment must specifically address any reasonable adjustments which need to be made as a result of the claimant’s health condition or impairment.”

Clause 56

BARONESS HOLLINS

76B*

Page 44, line 15, at end insert—

“(d) the Secretary of State must specifically address whether the claimant’s health condition or impairment had an impact on the failure to comply and as such should be seen as good cause.”

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.””

LORD GERMAN

86ZZZA*

Page 52, line 36, at end insert—

“(4) After subsection (7) insert—

(7A) In relation to social housing, regulations under this section shall not permit the use of appropriate maximum housing benefit to be less than the actual amount of the liability in a case where a household has a disabled child.”

LORD WHITTY

 

The Lord Whitty gives notice of his intention to oppose the Question that Clause 68 stand part of the Bill.

Clause 78

LORD ADDINGTON

86ZZA

Page 57, line 2, at end insert—

“( ) The regulations must provide that—

(a) persons approved by the Secretary of State to undertake assessments have specific training in all mental, intellectual and cognitive disorders;

(b) training should make specific reference to the circumstances in which an assessor should request additional advice and support from a person or persons designated as having specific expertise in mental, intellectual and cognitive disorders, as defined in the regulations;

(c) persons approved by the Secretary of State to undertake assessments will have access to advice from a person or persons designated as having specific expertise in the mental, intellectual and cognitive disorders, as defined in the regulations.”

LORD TOUHIG

BARONESS HEALY OF PRIMROSE HILL

LORD WIGLEY

BARONESS GARDNER OF PARKES

86ZA

Page 57, line 7, after “consultation” insert “except persons exempted under subsection (4)(d)”

BARONESS GARDNER OF PARKES

86ZAA

Page 57, line 10, at end insert—

“(d) exempting certain categories of people from any requirement made under section 78(4)(c) to participate in such a consultation, where sufficient medical and other expert evidence from a relevant care professional is available to determine the questions set out in subsections (1) and (2).”

LORD TOUHIG

BARONESS HEALY OF PRIMROSE HILL

LORD WIGLEY

86ZB

Page 57, line 17, at end insert—

“(d) exempting certain categories of people from any requirement made under section 78(4)(c) to participate in such a consultation, where sufficient medical and other expert evidence from a relevant care professional is available to determined the questions set out in subsections (1) and (2).”

Clause 79

BARONESS THOMAS OF WINCHESTER

BARONESS CAMPBELL OF SURBITON

86A

Page 57, line 26, leave out “6” and insert “3”

86B

Page 57, line 30, leave out “6” and insert “9”

86C

Page 57, line 42, leave out from “previous” to second “months” and insert “3 months” means the 3”

86D

Page 57, line 44, leave out from “next” to second “months” and insert “9 months” means the 9”

After Clause 83

BARONESS HOLLINS

86E

Insert the following new Clause—

“Carer’s allowance

In section 70 of the Social Security Contributions and Benefits Act 1992 (invalid care allowance), for subsection (2) substitute—

“(2) In this section, “severely disabled person” means a person in respect of whom there is payable either an attendance allowance; a disability living allowance by virtue of entitlement to the care component at the middle or higher rate; or a personal independence payment by virtue of entitlement to the daily living component at the standard or enhanced rate or such other payment out of public funds on account of his need for attendance as may be prescribed.””

Clause 85

LORD TOUHIG

BARONESS HEALY OF PRIMROSE HILL

LORD WIGLEY

BARONESS GARDNER OF PARKES

86F

Page 60, line 11, leave out subsection (3) and insert—

“(3) Regulations shall prescribe the considerations to be taken into account in deciding whether a fixed-term award would be appropriate.”

86G

Page 60, line 12, at end insert—

“(3A) Regulations shall provide that a fixed-term award would not be deemed appropriate where sufficient medical or other expert evidence from a relevant care professional indicated that the claimant has a lifelong condition or disability of a degenerative nature that means the claimant is likely to meet the requirements of section 76(1) or 78(1), as appropriate, indefinitely.”

Clause 86

LORD RIX

LORD WIGLEY

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 PATEL

95A

Page 61, line 28, at end insert “including those aged 16 to 24”

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 PATEL

98A

Page 61, line 35, at end insert “and those aged 16 to 24”

LORD GERMAN

99

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

Clause 93

THE LORD BISHOP OF RIPON AND LEEDS

99ZA

Page 62, line 16, after “couple” insert “or family with children”

99ZB

Page 62, line 19, after “benefits,” insert “with the exclusion of child benefit”

BARONESS HOLLINS

BARONESS MEACHER

99A

Page 62, line 40, at end insert—

“( ) The regulations under this section must not impose a benefit cap to the welfare benefits of claimants with entitlement to carer’s allowance or additional amounts within universal credit for claimants with regular and substantial caring responsibilities.”

LORD BEST

99AA

Page 62, line 40, at end insert—

“( ) Regulations under this section shall provide that the benefit cap shall not be applied for the first 26 weeks from the date on which the claimant’s total entitlement to welfare benefits exceeds the relevant amount.”

BARONESS TYLER OF ENFIELD

99AAA

Page 62, line 40, at end insert—

“( ) Family and friends carers will be exempt from the benefit cap where—

(a) the child comes to live with the carer as a result of plans made within a section 47 Children’s Act 1989 child protection enquiry or following enquiries under section 53 of the Children (Scotland) Act 1995 and the local authority states that the child cannot remain with the parents in the current circumstances;

(b) a child comes to live with the carer following a section 37 Children Act 1989 investigation and the local authority states that the child cannot remain with the parents in the current circumstances;

(c) a carer has secured a residence order, including a residence order under section 11 of the Children (Scotland) Act 1995, or special guardianship order to avoid a child being looked after, and there is professional evidence of the impairment of the parents’ ability to care for the child;

(d) the carer has a residence order, including a residence order under section 11 of the Children (Scotland) Act 1995, or special guardianship order arising out of care proceedings;

(e) the carer has a residence order, including a residence order under section 11 of the Children (Scotland) Act 1995, or special guardianship order following the accommodation of a child;

(f) the carer has a residence order, including a residence order under section 11 of the Children (Scotland) Act 1995 or special guardianship order following the death or serious illness of a parent;

(g) the carer is an approved kinship carer under Part V of the Looked After Children (Scotland) Regulations 2009;

(h) the child would suffer undue hardship if the exemption did not apply.”

LORD BEST

99AB

Page 62, line 41, at end insert—

“( ) Regulations under this section must provide for an exemption from the application of the benefit cap for individuals or couples owed a duty to be provided with interim or temporary accommodation under section 188, 190, 193 or 200 of the Housing Act 1996.”

THE LORD BISHOP OF RIPON AND LEEDS

99ABA

Page 63, line 1, leave out subsections (6) and (7) and insert—

“(6) The amount specified under subsection (5) is to be determined by reference to estimated average income.

(7) In this section “estimated average income” means the amount which, in the opinion of the Secretary of State, represents at any time the average weekly income of a relevant working household in Great Britain, including receipt of benefits and tax credits, and after deductions in respect of tax and national insurance contributions.”

99ABB

Page 63, line 3, leave out subsection (7) and insert—

“(7) In this section—

(a) “estimated average earnings” means the amount which, in the opinion of the Secretary of State, represents at any time the average weekly earnings of a relevant working household in Great Britain, after deductions in respect of tax and national insurance contributions;

(b) a “relevant working household” refers to a household of “a family with children” working 16 hours or more per week, when assessing the level of the cap for families with children.”

99ABC

Page 63, line 7, leave out subsections (8) and insert—

“(8) Such earnings will be estimated according to mean earnings estimates.”

LORD BEST

99AC

Page 63, line 23, at end insert “other than housing benefit”

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

LORD ADEBOWALE

99AD

Page 63, line 27, at end insert—

“(c) child benefit;

(d) child tax credit or the child responsibility element of universal credit;

(e) the childcare costs element of universal credit.”

BARONESS SHERLOCK

99B

Page 63, line 27, at end insert—

“( ) In order to avoid the risks associated with relocation, households where at least one child is the subject of, or pending—

(a) a Child Protection Plan,

(b) a Children in Need assessment, or

(c) a Common Assessment Framework Team,

shall not be subject to the benefit cap.”

THE LORD BISHOP OF RIPON AND LEEDS

99C

Page 63, line 27, at end insert—

“(12) Exemptions to the benefit cap will be made for households—

(a) where one or more members is in receipt of disability living allowance;

(b) where one or more members of the household is a war widow;

(c) where the household has left employment within the last 12 months;

(d) where the household is unable to move into work as a result of being unable to make work pay;

(e) where the household is working more than 16 hours per week in total;

(f) where the household contains a lone parent with a child under the age of 5;

(g) where the household includes a “family and friends” carer.”

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

LORD ADEBOWALE

 

The above-named Lords give notice of their intention to oppose the Question that Clause 93 stand part of the Bill.

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

BARONESS MEACHER

102

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

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

LORD ADEBOWALE

 

The above-named Lords give notice of their intention to oppose the Question that Clause 94 stand part of the Bill.

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 102

LORD FREUD

103ZZA

Page 68, line 29, leave out “to the person”

BARONESS HOLLINS

BARONESS HEALY OF PRIMROSE HILL

BARONESS MEACHER

BARONESS LISTER OF BURTERSETT

103ZA

Page 72, line 16, at end insert—

“71ZI Non-recoverable overpayments

The Secretary of State may not recover any amount of any benefits paid in error by officials when the claimant could not reasonably be expected to know he or she was being overpaid.”

Clause 109

LORD KENNEDY OF SOUTHWARK

103A

Page 76, line 46, at end insert—

“( ) The Secretary of State shall consult with local authorities and other interested parties on the likely costs and impact of the implementation of subsection (2).”

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

104A

Page 79, line 8, leave out subsection (4) and insert—

“(4) A penalty imposed under subsection (2) is recoverable by the appropriate authority from the person on whom it is imposed.”

104B

Page 80, line 5, leave out subsection (4) and insert—

“(4) A penalty imposed under subsection (1) or (2) is recoverable by the appropriate authority from the person on whom it is imposed.”

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

BARONESS HOLLINS

BARONESS LISTER OF BURTERSETT

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.”

After Clause 124

LORD FREUD

107A*

Insert the following new Clause—

“Information-sharing between Secretary of State and DPP

(1) The Secretary of State may supply social security information to a person specified in subsection (2) for use for a purpose specified in subsection (3).

(2) The persons referred to in subsection (1) are—

(a) the Director of Public Prosecutions;

(b) a person appointed under section 5 of the Prosecution of Offences Act 1985 (conduct of prosecutions on behalf of Crown Prosecution Service).

(3) The purposes referred to in subsection (1) are—

(a) the institution or conduct of criminal proceedings which relate wholly or partly to social security matters;

(b) the giving of advice to any person on any matter relating to criminal proceedings, or criminal offences, which relate wholly or partly to social security matters;

(c) the exercise in relation to social security matters of functions assigned to the Director of Public Prosecutions under section 3(2)(g) of the Prosecution of Offences Act 1985;

(d) the exercise of functions of the Director of Public Prosecutions under Part 2, 5 or 8 of the Proceeds of Crime Act 2002.

(4) The reference in subsection (1) to the Secretary of State includes a person providing services to the Secretary of State.

(5) This section does not limit the circumstances in which information may be supplied apart from this section.

(6) In this section—

“social security information” means information held for the purposes of any of the Secretary of State’s functions relating to social security matters;

“social security matters” means—

(a) social security (including the payments and allowances referred to in section 124(8)),

(b) tax credits, and

(c) schemes and arrangements under section 2 of the Employment and Training Act 1973.”

107B*

Insert the following new Clause—

“Unlawful disclosure of information supplied to DPP

(1) A person to whom information is supplied under section (Information-sharing between Secretary of State and DPP), or an employee or former employee of such a person, may not disclose the information if it relates to a particular person.

(2) Subsection (1) does not apply to—

(a) a disclosure of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it;

(b) a disclosure made for the purposes of a function of the Director of Public Prosecutions, where the disclosure does not contravene any restriction imposed by the Director;

(c) a disclosure made to the Secretary of State, or a person providing services to the Secretary of State, for the purposes of the exercise of functions relating to social security matters (within the meaning of section (Information-sharing between Secretary of State and DPP));

(d) a disclosure made for the purposes of a criminal investigation or criminal proceedings (whether or not in the United Kingdom);

(e) a disclosure made for the purposes of—

(i) the exercise of any functions of the prosecutor under Parts 2, 3 and 4 of the Proceeds of Crime Act 2002;

(ii) the exercise of any functions of the Serious Organised Crime Agency under that Act;

(iii) the exercise of any functions of the Director of the Serious Fraud Office, the Director of Public Prosecutions for Northern Ireland or the Scottish Ministers under, or in relation to, Part 5 or 8 of that Act;

(iv) investigations or proceedings outside the United Kingdom which have led or may lead to the making of an external order within the meaning of section 447 of that Act;

(f) a disclosure made to a person exercising public functions of law enforcement for the purposes of the exercise of those functions in civil proceedings;

(g) a disclosure which in the opinion of the Director of Public Prosecutions is desirable for the purpose of safeguarding national security;

(h) a disclosure made in pursuance of an order of a court;

(i) a disclosure made with the consent of each person to whom the information relates.

(3) Subsection (1) does not apply in relation to information relating to schemes and arrangements under section 2 of the Employment and Training Act 1973.

(4) Subsection (1) is subject to any other Act or to an instrument made under an Act.

(5) A person who contravenes subsection (1) commits an offence.

(6) It is a defence for a person charged with an offence under this section of disclosing information to prove that he or she reasonably believed—

(a) that the disclosure was lawful, or

(b) that the information had already and lawfully been made available to the public.

(7) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both, or

(b) on summary conviction, to imprisonment for a term not exceeding twelve months or a fine not exceeding the statutory maximum or both.

(8) A prosecution for an offence under this section may be instituted only with the consent of the Director of Public Prosecutions.

(9) In relation to an offence under this section committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (increase in maximum term that may be imposed on summary conviction of offence triable either way), the reference in subsection (7)(b) to twelve months shall have effect as if it were a reference to six months.”

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.”

Clause 128

LORD FREUD

112A

Page 99, leave out lines 27 to 30

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.”

BARONESS THOMAS OF WINCHESTER

LORD KIRKWOOD OF KIRKHOPE

113A

Insert the following new Clause—

“Social Security Advisory Committee

In section 174(5)(a) of the Social Security Administration Act 1992 for “coming into force of the enactment under which those regulations are made” substitute “enactment under which those regulations are made receiving Royal Assent.”

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.””

After Clause 135

THE EARL OF LISTOWEL

114A

Insert the following new Clause—

“Training of Job Centre Plus staff

(1) The Secretary of State shall make arrangements for the development of skills of staff in Job Centre Plus and other offices where claims for any benefits payable under this Act are awarded or where the needs of claimants for any of those benefits are assessed.

(2) In making arrangements under subsection (1), the Secretary of State shall ensure that due attention is paid to the need to ensure that staff have the experience and expertise necessary to perform their duties.

(3) The Secretary of State shall prepare and lay before Parliament a report on whether arrangements under subsection (1) can be more effectively made if the staff concerned transfer to a non-departmental public body or to any other form of organisation the Secretary of State thinks appropriate.

(4) Arrangements made under subsection (1) shall be made in a statutory instrument subject to approval by resolution in both Houses of Parliament.”

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

Clause 139

LORD FREUD

118A*

Page 104, line 11, at end insert—

“( ) Sections (Information-sharing between Secretary of State and DPP) and (Unlawful disclosure of information supplied to DPP) extend to England and Wales only.”

Clause 140

LORD KENNEDY OF SOUTHWARK

119

Page 104, line 43, at end insert—

“( ) The Regulations referred to in Section 11 shall come into force on 1 October 2017.”

120

Page 104, line 43, at end insert—

“( ) Section 35 shall come into force on 1 October 2017.”

Prepared 18th October 2011