Welfare Reform Bill

SIXTEENTH
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 93 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 93

THE LORD BISHOP OF RIPON AND LEEDS

BARONESS TYLER OF ENFIELD

99ZB

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

BARONESS DONAGHY

99ZC

Page 62, line 31, at end insert “including injuries disablement benefit”

BARONESS HOLLINS

BARONESS MEACHER

BARONESS HAYTER OF KENTISH TOWN

LORD MCKENZIE OF LUTON

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

BARONESS DRAKE

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

BARONESS HAYTER OF KENTISH TOWN

LORD MCKENZIE OF LUTON

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

BARONESS TYLER OF ENFIELD

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.”

99ABAA

[Withdrawn]

THE LORD BISHOP OF RIPON AND LEEDS

BARONESS TYLER OF ENFIELD

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.”

THE LORD BISHOP OF RIPON AND LEEDS

99ABC

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

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

LORD BEST

BARONESS HAYTER OF KENTISH TOWN

LORD MCKENZIE OF LUTON

99AC

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

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

99ACA

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

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

LORD ADEBOWALE

LORD MCKENZIE OF LUTON

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

BARONESS HAYTER OF KENTISH TOWN

LORD MCKENZIE OF LUTON

BARONESS TYLER OF ENFIELD

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

BARONESS HAYTER OF KENTISH TOWN

LORD MCKENZIE OF LUTON

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

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

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

BARONESS LISTER OF BURTERSETT

102ZA

Page 65, leave out lines 10 to 13 and insert—

“(a) to determine that payment related to the provision of support of children and for childcare costs should be paid to the main carer of those children,

(b) to determine that payment related to the provision of support for housing costs should be paid to a person liable for payment of those housing costs, so far as those costs are not paid directly to the landlord, or

(c) to determine that, where applicable, payments of universal credit shall be split between claimants in order to ensure payment is made in accordance with paragraphs (a) and (b).”

BARONESS HOWE OF IDLICOTE

BARONESS LISTER OF BURTERSETT

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 97

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

102B

Insert the following new Clause—

“Tapering of support for universal credit

The amounts of universal credit as provided under section 1(3) shall be withdrawn—

(a) simultaneously, and

(b) in proportion to their contribution towards the claimant’s overall maximum award of universal credit.”

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 99

BARONESS GREY-THOMPSON

 

Baroness Grey-Thompson gives notice of her intention to oppose the Question that Clause 99 stand part of the Bill

Clause 102

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

103ZZZA

Page 68, line 25, at end insert—

“(8) For the purposes of this section, “entitlement” means the amount that would have been awarded to the claimant had the claim been correctly represented and all relevant material facts disclosed for the period to which the overpayment applies.”

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

BARONESS DRAKE

104ZA

Page 78, line 24, leave out from beginning to end of line 25 on page 79

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.”

BARONESS DRAKE

104AA

Page 79, line 25, at end insert—

“(7) Under no circumstances shall the Secretary of State allow any targets to be set that would be intended to provide an incentive to increase the number or value of civil penalties issued under this section.”

LORD FREUD

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.”

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.”

LORD KIRKWOOD OF KIRKHOPE

BARONESS THOMAS OF WINCHESTER

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

BARONESS SHERLOCK

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.””

LORD KIRKWOOD OF KIRKHOPE

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).”

LORD KIRKWOOD OF KIRKHOPE

BARONESS TYLER OF ENFIELD

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.”

LORD MACKAY OF CLASHFERN

113DA

Page 101, line 19, at end insert—

“( ) In section 6 of the Child Maintenance and Other Payments Act 2008 (provision to allow charging of fees by the Commission), after subsection (2) insert—

“(3) Nothing in regulations under subsection (1) shall impose a liability on a parent with care for the payment of fees to the Commission where that parent has taken all reasonable steps to establish whether it is possible or appropriate to make a maintenance agreement (within the meaning of section 9 of the Child Support Act 1991), and where, having taken all such reasonable steps, it is either not possible or not appropriate for the parent with care to do so.””

LORD KIRKWOOD OF KIRKHOPE

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”.”

BARONESS SHERLOCK

113EA

Page 101, line 19, at end insert—

“(1A) In section 6(2)(g) of the Child Maintenance and Other Payments Act 2008, after “fees”, insert “including, in particular, waiver of any fee where the applicant has experienced domestic violence from the non-resident parent, which may have included physical, sexual, emotional, and financial abuse.””

LORD KIRKWOOD OF KIRKHOPE

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.”

LORD KIRKWOOD OF KIRKHOPE

BARONESS SHERLOCK

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.”

Clause 136

LORD KIRKWOOD OF KIRKHOPE

 

Lord Kirkwood of Kirkhope gives notice of his intention to oppose the Question that Clause 136 stand part of the Bill.

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 22nd November 2011