Welfare Reform Bill

TWELFTH
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 52 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]

After Clause 52

LORD LAYARD

76ZB

Insert the following new Clause—

“Condition relating to mental health

In section 8 of the Welfare Reform Act 2007 (limited capability for work), after subsection (4) there is inserted—

“(4A) Regulations made under subsection (1) shall provide that a person assessed as suitable for employment and support allowance by virtue of his mental condition but not receiving specialist mental health care shall be referred by Jobcentre Plus to an appropriate specialist provider of mental health services to the NHS.

(4B) The Secretary of State shall issue guidance on what constitutes a specialist provider of mental health services for the purposes of subsection (4A).””

Clause 54

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 54 stand part of the Bill.

Clause 55

BARONESS HOLLINS

76A

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

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 “, and

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 57

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 57 stand part of the Bill.

Clause 59

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 59 stand part of the Bill.

Clause 64

LORD FREUD

76C

Page 51, line 16, leave out “figure of £145.80” and insert “monetary amount specified”

76D

Page 51, line 17, leave out “figure of £89.35” and insert “monetary amount specified”

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 waiting 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

BARONESS HAYTER OF KENTISH TOWN

LORD MCKENZIE OF LUTON

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 amount 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

 

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

Clause 69

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

86ZZZB

Page 53, line 20, at end insert “providing these amounts are ring-fenced for the purpose set out in the Act”

86ZZZC

Page 53, line 20, at end insert—

“( ) Where amounts are re-allocated to local government, in accordance with subsection (5), the Secretary of State shall first publish local connection eligibility rules, which must provide that no person is made ineligible for support on the basis of any test of local residence or local connection.”

86ZZZD

Page 53, line 20, at end insert—

“( ) Where amounts are re-allocated to local authorities, in accordance with subsection (5), the Secretary of State shall put in place appropriate mechanisms to ensure local authorities provide financial support for applicants fleeing domestic violence.”

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

LORD WIGLEY

86ZZZE

Page 53, line 20, at end insert—

“( ) The Secretary of State shall conduct a review into the impact of the ending of discretionary payments upon persons who would formerly have been eligible for them before the coming into force of this Act.

( ) The review shall conclude one year from the coming into force of this Act.

( ) Further reviews shall be conducted annually until 2018.

( ) The Secretary of State shall publish the reviews to both Houses of Parliament.”

86ZZZEA

[Withdrawn]

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

LORD WIGLEY

86ZZZF

Page 53, line 31, at end insert—

“( ) Sections (1) to (10) shall not take effect until—

(a) migration of relevant existing benefits to universal credit (as prescribed in section 8) is complete; and

(b) universal credit has achieved prescribed performance targets and standards set and published by the Secretary of State.”

BARONESS LISTER OF BURTERSETT

LORD WIGLEY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 69 stand part of the Bill.

Clause 74

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 74 stand part of the Bill.

After Clause 74

LORD FREUD

86ZZZFA

Insert the following new Clause—

“Calculation of working tax credit

(1) Step 5 in regulation 7(3) of the 2002 Regulations has effect in relation to awards of working tax credit for the whole or part of the relevant year as if from the beginning of the day on 6 April 2011 the percentage to be applied under step 5 in finding the amount of the reduction were 41% (instead of 39%).

(2) Anything done by the Commissioners before the coming into force of this section in relation to awards of working tax credit for the whole or part of the relevant year is to be treated as having been duly done, if it would have been duly done but for being done on the basis that from the beginning of the day on 6 April 2011 the percentage to be applied under step 5 was 41%.

(3) In this section—

“the 2002 Regulations” means the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002 (S.I. 2002/2008);

“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;

“the relevant year” means the year beginning with 6 April 2011.”

Clause 75

BARONESS CAMPBELL OF SURBITON

LORD LOW OF DALSTON

BARONESS GREY-THOMPSON

86ZZZG

Page 55, line 5, leave out “personal independence payment” and insert “disability living costs allowance”

86ZZZH

Page 55, line 12, leave out “personal independence payment” and insert “disability living costs allowance”

Clause 76

BARONESS CAMPBELL OF SURBITON

LORD LOW OF DALSTON

BARONESS GREY-THOMPSON

86ZZZJ

Page 55, line 15, at end insert—

“(A1) A person is entitled to the daily living component at the basic rate if—

(a) the person’s ability to carry out daily living activities is limited by the person’s physical or mental condition; and

(b) the person meets the required period condition.”

86ZZZK

Page 55, line 17, after “is” insert “significantly”

86ZZZL

Page 55, line 18, after “condition” insert “and the social, practical and environmental barriers they face as a disabled person living with that condition”

86ZZZM

Page 55, line 22, after “condition” insert “and the social, practical and environmental barriers they face as a disabled person living with that condition”

86ZZZN

Page 55, line 24, at end insert—

“(za) “the basic rate” means such weekly rate as may be prescribed;”

Clause 77

BARONESS CAMPBELL OF SURBITON

LORD LOW OF DALSTON

BARONESS GREY-THOMPSON

86ZZZP

Page 56, line 2, after “condition” insert “and the social, practical and environmental barriers they face as a disabled person living with that condition”

86ZZZQ

Page 56, line 8, after “condition” insert “and the social, practical and environmental barriers they face as a disabled person living with that condition”

Clause 78

BARONESS CAMPBELL OF SURBITON

LORD LOW OF DALSTON

BARONESS GREY-THOMPSON

86ZZZR

Page 56, line 31, after “condition” insert “and the social, practical and environmental barriers they face as a disabled person living with that condition”

86ZZZS

Page 56, line 33, after “condition” insert “and the social, practical and environmental barriers they face as a disabled person living with that condition”

86ZZZT

Page 56, line 35, after “condition” insert “and the social, practical and environmental barriers they face as a disabled person living with that condition”

86ZZZU

Page 56, line 37, after “condition” insert “and the social, practical and environmental barriers they face as a disabled person living with that condition”

86ZZZV

Page 57, line 2, at end insert—

“( ) must provide for a minimum one year trial period for the assessment process to be implemented on new applicants and a formal independent review of the trial period before the assessment process is used to transfer existing DLA recipients;

( ) must provide for disabled people’s organisations to be involved in the assessment process; and

( ) must provide for people with significant costs of living as a result of an impairment or health condition or both, who are unlikely to experience a change in any or all of the health conditioning impairment or costs of living over a five year period, to not undergo more than five yearly assessments.”

BARONESS THOMAS OF WINCHESTER

86ZZZW

Page 57, line 2, at end insert—

“(d) must disregard aids and adaptations used by a person in assessing their mobility”

LORD GERMAN

86ZZZX*

Page 57, line 2, at end insert—

“(d) must provide that a suitable person, as defined under regulations, may attend the consultation alongside the claimant in order to assist the claimant in comprehending the meaning of the assessor’s questions, in completing the consultation effectively, and in explaining the needs resulting from claimant’s condition, where the claimant is unable to do so independently;

(e) must provide that claimants are informed of their right to be accompanied to the consultation by a suitable person as defined in paragraph (a).”

LORD ADDINGTON

LORD TOUHIG

BARONESS HEALY OF PRIMROSE HILL

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).”

BARONESS THOMAS OF WINCHESTER

86ZAB

Page 57, line 10, at end insert—

“(d) for meeting additional costs incurred by a person for aids and adaptations used to increase mobility”

LORD TOUHIG

BARONESS HEALY OF PRIMROSE HILL

LORD WIGLEY

LORD LOW OF DALSTON

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 HOWE OF IDLICOTE

THE COUNTESS OF MAR

86ZC*

Page 57, line 26, leave out “every time in the previous 6” and insert “the majority of the time in the previous 3”

BARONESS THOMAS OF WINCHESTER

BARONESS CAMPBELL OF SURBITON

BARONESS GREY-THOMPSON

LORD LOW OF DALSTON

86A

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

BARONESS CAMPBELL OF SURBITON

LORD LOW OF DALSTON

BARONESS GREY-THOMPSON

86AA

Page 57, line 29, after “condition” insert “and the social, practical and environmental barriers they face as a disabled person living with that condition”

BARONESS HOWE OF IDLICOTE

THE COUNTESS OF MAR

86AB*

Page 57, line 30, leave out “every time in the next 6” and insert “the majority of the time in the next 6”

BARONESS THOMAS OF WINCHESTER

BARONESS CAMPBELL OF SURBITON

BARONESS GREY-THOMPSON

LORD LOW OF DALSTON

86B

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

BARONESS CAMPBELL OF SURBITON

LORD LOW OF DALSTON

BARONESS GREY-THOMPSON

86BA

Page 57, line 33, after “condition” insert “and the social, practical and environmental barriers they face as a disabled person living with that condition”

BARONESS THOMAS OF WINCHESTER

BARONESS CAMPBELL OF SURBITON

BARONESS GREY-THOMPSON

LORD LOW OF DALSTON

86C

Page 57, line 42, leave out “6 months” means the 6” and insert “3 months” means the 3”

86D

Page 57, line 44, leave out “6 months” means the 6” and insert “9 months” means the 9”

Clause 80

BARONESS CAMPBELL OF SURBITON

LORD LOW OF DALSTON

BARONESS GREY-THOMPSON

86DZZA

Page 58, line 12, leave out “personal independence payment” and insert “disability living costs allowance”

86DZZB

Page 58, line 23, leave out “personal independence payment” and insert “disability living costs allowance”

Clause 81

BARONESS WILKINS

BARONESS THOMAS OF WINCHESTER

LORD LOW OF DALSTON

86DZA

Page 58, line 32, at end insert “other than by virtue of an award made before the person reaches the relevant age”

86DA

[Re-tabled as Amendment 52DA]

Clause 83

BARONESS CAMPBELL OF SURBITON

LORD LOW OF DALSTON

BARONESS GREY-THOMPSON

86DB

Page 59, line 14, leave out “personal independence payment” and insert “disability living costs allowance”

86DC

Page 59, line 18, leave out “personal independence payment” and insert “disability living costs allowance”

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

86DD

Page 59, line 20, leave out “meets the condition in subsection (2)” and insert “is an in-patient of a hospital”

86DE

Page 59, line 23, leave out “, or a resident of a care home,”

86DF

Page 59, line 26, leave out subsection (3)

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 84

BARONESS CAMPBELL OF SURBITON

LORD LOW OF DALSTON

BARONESS GREY-THOMPSON

86EA

Page 59, line 44, leave out “personal independence payment” and insert “disability living costs allowance”

Clause 85

BARONESS CAMPBELL OF SURBITON

LORD LOW OF DALSTON

BARONESS GREY-THOMPSON

86EB

Page 60, line 5, leave out “personal independence payment” and insert “disability living costs allowance”

86EC

Page 60, line 8, leave out “personal independence payment” and insert “disability living costs allowance”

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

LORD LOW OF DALSTON

87

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

LORD RIX

LORD WIGLEY

BARONESS CAMPBELL OF SURBITON

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 90

BARONESS CAMPBELL OF SURBITON

LORD LOW OF DALSTON

BARONESS GREY-THOMPSON

95ZA

Page 61, line 13, leave out “personal independence payment” and insert “disability living costs allowance”

Clause 91

LORD PATEL

BARONESS FINLAY OF LLANDAFF

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 GERMAN

98ZA*

Page 61, line 33, leave out “the first”

98ZB*

Page 61, line 34, leave out “the first”

LORD PATEL

BARONESS FINLAY OF LLANDAFF

98A

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

LORD GERMAN

98B*

Page 61, line 35, at end insert—

“(c) regulations under section 83,”

99

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

Clause 92

BARONESS CAMPBELL OF SURBITON

LORD LOW OF DALSTON

BARONESS GREY-THOMPSON

99ZZA

Page 62, line 5, leave out “personal independence payment” and insert “disability living costs allowance”

99ZZB

Page 62, line 8, leave out “personal independence payment” and insert “disability living costs allowance”

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 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 subsection (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

THE EARL OF LISTOWEL

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.”

LORD BEST

99D

Page 63, line 27, at end insert—

“( ) Regulations under this section must provide for an exemption from the application of the benefit cap to individuals or couples living in supported or sheltered housing.”

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.

Clause 97

BARONESS HOWE OF IDLICOTE

THE COUNTESS OF MAR

102A*

Page 65, leave out lines 12 and 13 and insert—

“(b) to determine that payment should be made to whichever of those persons is the responsible carer (as defined in section 19(6) of the Welfare Reform Act 2011) in the case of any benefit awarded in respect of responsibility for children or young persons or any childcare element irrespective of any nomination by them, or

(c) to determine that payment should be made to one of them irrespective of any nomination by them.””

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; 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”

LORD KIRKWOOD OF KIRKHOPE

103ZZB

Page 69, line 3, leave out “earnings” and insert “incomes”

103ZZC

Page 69, line 4, leave out ““earnings”” and insert ““incomes””

103ZZD

Page 69, leave out lines 16 and 17

103ZZE

Page 69, line 33, at end insert—

“( ) Regulations under subsection (1) shall include provision—

(a) as to a level of income below which income must not be reduced;

(b) requiring the Secretary of State to take into account research into the minimum incomes required for healthy living when deciding the level of income in paragraph (a);

(c) protecting the reduction of the level of income in paragraph (a) by any other debt.”

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 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.”

LORD GERMAN

104C

[Withdrawn]

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);”.”

106

[Withdrawn]

After Clause 113

LORD RAMSBOTHAM

BARONESS HOLLINS

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

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 Jobseekers 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 131

LORD KIRKWOOD OF KIRKHOPE

113B

Page 101, line 10, at end insert—

“( ) After section 1 of the Child Support Act 1991 there is inserted—

“Effective Maintenance Arrangements

(1) The main objective of the Secretary of State in applying the provisions of this Act shall be to maximise the number of those children who live apart from one or both parents for whom effective maintenance arrangements are in place.

(2) The Secretary of State shall prepare and lay before Parliament a report on a bi-annual basis giving details of the progress achieved under subsection (1) above in maximising the number of children who live apart from one or both parents for whom effective maintenance arrangements are in place.””

113C

Page 101, line 19, at end insert—

“(2B) To enable it effectively to assist both parents with care and non-resident parents in the making and keeping of maintenance agreements, the Commission shall prepare a report on a bi-annual basis dealing with the following matters—

(a) an evaluation of the range of needs of those parents either liable to pay child maintenance or to receive it and who have not made effective child maintenance arrangements, in terms of the level of assistance they require in the making and keeping of effective maintenance arrangements,

(b) an analysis of the number of parents either liable to pay child maintenance or to receive it and who have not made effective child maintenance arrangements broken down by the relative size of different groups of parents with similar needs as established under paragraph (a),

(c) a survey of the location and extent of services including local and national relationship and family support services that are available across the United Kingdom to support parents in the making and keeping of effective maintenance arrangements, and cost of any such service to parents,

(d) an evaluation of the capacity of the services identified under paragraph (c) to meet the needs of the eligible population without effective child maintenance arrangements as identified under paragraph (a), in the light of the relative size of different groups of parents with similar needs as identified under paragraph (b),

(e) an evaluation, in particular, of the effectiveness of any services that, under subsection (2A), the Commission has encouraged parents to use, or which the Commission considers, under subsection (2A)(b), are suitable services for an applicant to consider when seeking to satisfy the Commission that they have taken “reasonable steps” to establish whether a maintenance agreement is possible or appropriate.

(2C) The Secretary of State must lay before Parliament a copy of every report under subsection (2B).”

113D

Page 101, line 19, at end insert—

“(2B) Further to subsection (2A), upon receipt of an application under sections 4 and 7 above, before acceptance the Commission should—

(a) within 14 days of receipt of an application, notify the individual who would be the other party to a maintenance agreement with the applicant as outlined in subsection (2A)(b), of receipt of the application,

(b) give notice to the said individual that, unless contact is made with the Commission within 14 days of the notification under paragraph (a), the application will be automatically accepted by the Commission,

(c) where such contact is made within the time specified above, take steps to ensure that if the said individual is—

(i) fully appraised of the duties each parent has towards the maintenance of a qualifying child under section 1 of this Act,

(ii) encouraged to consider the making and keeping of a maintenance agreement,

(d) where such contact is not made within the time specified above, forthwith accept the said application.”

113E

Page 101, line 19, at end insert—

“(1A) In section 6(2)(g) of the Child Maintenance and Other Payments Act 2008 (fees), after “fees” insert “including, in particular, waiver or reduction of any fee where the income of a parent who would otherwise be liable falls below prescribed levels”.”

113F

Page 101, line 20, leave out subsection (2)

Clause 132

LORD KIRKWOOD OF KIRKHOPE

113G

Page 101, line 38, at end insert—

“(c) the non-resident parent has not agreed to collection arrangements by the Commission under subsection (2A)(a), but has subsequently failed to make full payment of any maintenance due to the parent with care by the date it was due to be paid.

(2B) Where subsection (2A)(c) applies, the Commission shall forthwith (and within no more than seven days from the date of notification of non-payment by the parent with care) make arrangements under subsection (2)(a) for the collection of the child support maintenance payable.”

113H

Page 101, line 38, at end insert—

“(c) the parent with care has experienced domestic violence perpetrated by the non-resident parent”

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 by 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

118ZA

Page 104, line 5, at end insert—

“( ) section (Calculation of working tax credit) (calculation of working tax credit);

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 FREUD

118B

Page 104, line 16, at end insert—

“( ) section (Calculation of working tax credit) (calculation of working tax credit);

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 9th November 2011