Welfare Reform Bill

Page 54, line 8, at end insert—

“( ) Where amounts are re-allocated to local authorities as described in subsection (5), the Secretary of State must publish the following information annually for five years following the first re-allocation—

(a) the amount of money which has been re-allocated from the Consolidated Fund in each local authority; and

(b) an annual report accounting for the expenditure of these amounts in each local authority area.”

Page 54, line 8, at end insert—

“( ) Where amounts are re-allocated to local authorities in accordance with subsection (5), the Secretary of State shall first publish local connection eligibility rules, which must provide that persons falling into the following categories are not made ineligible for support on the basis of any test of local residence or local connections—

(a) people fleeing domestic violence;

(b) young people leaving local authority care;

(c) people who are homeless, or they have been homeless within the last 12 months; or

(d) people leaving institutional or residential care, including hospital, prison or young offenders’ institution.”

Page 54, line 19, at end insert—

“( ) This section shall not take effect until migration of relevant existing benefits to universal credit as prescribed in Schedule 8 is complete.”

Page 55, line 23, at end insert “after having regard to the provisions of section 15(6)(b) and (d)”

Page 56, line 8, leave out “personal independence payment” and insert “personal disability costs payment”

Page 56, line 10, leave out “personal independence payment” and insert “personal disability costs payment”

Page 56, line 15, leave out “personal independence payment” and insert “personal disability costs payment”

Page 56, line 17, at end insert—

“(4) A person is not entitled to personal independence payment unless the person is aged 18 or over.”

Page 56, line 18, at end insert—

“( ) 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.”

Page 56, line 20, after “is” insert “significantly”

Page 56, line 21, after “condition” insert “and the social, practical and environmental barriers they face as a disabled person living with that condition”

Page 56, line 25, after “condition” insert “and the social, practical and environmental barriers they face as a disabled person living with that condition”

Page 56, line 27, at end insert—

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

Page 57, line 6, after “condition” insert “and the social, practical and environmental barriers they face as a disabled person living with that condition”

Page 57, line 12, after “condition” insert “and the social, practical and environmental barriers they face as a disabled person living with that condition”

Page 57, line 35, after “condition” insert “and the social, practical and environmental barriers they face as a disabled person living with that condition”

Page 57, line 37, after “condition” insert “and the social, practical and environmental barriers they face as a disabled person living with that condition”

Page 57, line 39, after “condition” insert “and the social, practical and environmental barriers they face as a disabled person living with that condition”

Page 57, line 41, after “condition” insert “and the social, practical and environmental barriers they face as a disabled person living with that condition”

Page 58, line 4, at end insert “including a requirement for the decision maker to collect evidence from the claimant’s own health care professionals as a part of the decision making process”

Page 58, line 6, 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).”

[Withdrawn]

Page 58, line 6, at end insert—

“(d) shall not take into account aids, appliances or adaptations used by the person.”

Page 58, line 6, at end insert—

“( ) 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.”

Page 58, line 6, 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; and

(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.”

Page 58, line 11, after “consultation” insert “except persons exempted under subsection (4)(d)”

Page 58, line 14, at end insert—

“(d) exempting certain categories of people from any requirement made under section 79(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).”

Page 58, line 26, at end insert—

“( ) The Secretary of State must lay before Parliament an independent review of the plans for implementation of the assessments under section 79 before the provisions are brought into effect, and such plans must in particular provide for—

(a) a trial period before any assessment process is implemented fully for new applicants and those transferring from DLA;

(b) disabled persons organisations to be involved in formulating the assessment process.”

Page 58, line 30, leave out “6” and insert “3”

Page 58, line 33, after “condition” insert “and the social, practical and environmental barriers they face as a disabled person living with that condition”

Page 58, line 34, leave out “6” and insert “9”

Page 58, line 37, after “condition” insert “and the social, practical and environmental barriers they face as a disabled person living with that condition”

Page 58, line 46, leave out “6 months” means the 6” and insert “3 months” means the 3”

Page 59, line 1, leave out “6 months” means the 6” and insert “9 months” means the 9”

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

Page 59, line 25, leave out “personal independence payment” and insert “personal disability costs payment”

Page 59, line 34, at end insert “other than by virtue of an award made before the person reaches the relevant age”

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—

(a) an attendance allowance;

(b) a disability living allowance by virtue of entitlement to the care component at the middle or higher rate; or

(c) a personal independence payment by virtue of entitlement to a rate of the daily living component which will be prescribed in regulations, or such other payment out of public funds on account of his need for attendance as may be prescribed.””

Insert the following new Clause—

“Carer’s allowance (No. 2)

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—

(a) an attendance allowance;

(b) a disability living allowance by virtue of entitlement to the care component at the middle or higher rate; or

(c) 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.””

Page 60, line 15, leave out from “provide” to “that” in line 17

Page 60, line 17, leave out “personal independence payment” and insert “personal disability costs payment”

Page 60, line 21, leave out paragraph (b)

Page 60, line 21, leave out “personal independence payment” and insert “personal disability costs payment”

Page 60, line 23, leave out “meets the condition in subsection (2)” and insert “is an in-patient of a hospital”

Page 60, line 25, leave out from second “is” to first “a” in line 26

Page 60, line 32, leave out paragraph (a)

Insert the following new Clause—

“Hospital in-patients

(1) Regulations may provide as mentioned in either or both of the following paragraphs—

(a) that no amount in respect of personal independence payment which is attributable to entitlement to the daily living component is payable in respect of a person for a period when the person meets the condition in subsection (2); and

(b) that no amount in respect of personal independence payment which is attributable to entitlement to the mobility component is payable in respect of a person for a period when the person meets the condition in subsection (2).

(2) The condition is that the person is undergoing medical or other treatment as an in-patient at a hospital or similar institution in circumstances in which any of the costs of the treatment, accommodation and any related services provided for the person are borne out of public funds.

(3) For the purposes of subsection (2) the question of whether any of the costs of medical or other treatment, accommodation and related services provided for a person are borne out of public funds is to be determined in accordance with the regulations.”

Page 61, line 3, leave out “personal independence payment” and insert “personal disability costs payment”

Insert the following new Clause—

“Self-care premium

Adults in receipt of the standard or enhanced rate daily living component of the personal independence payment, or the middle or high rate care components of disability living allowance, and with no one receiving carer’s allowance or a carer premium to look after them, will receive an additional amount known as the “self care premium” as an additional element within their universal credit entitlement.”

Page 61, line 8, leave out “personal independence payment” and insert “personal disability costs payment”

Page 61, line 11, leave out “personal independence payment” and insert “personal disability costs payment”

Page 61, line 14, leave out subsection (3) and insert—

“( ) Regulations will prescribe what considerations must be taken into account in deciding whether a fixed term award would be appropriate.”

Page 61, line 15, at end insert—

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

Page 61, line 20, at end insert “—

(a) within 2 years beginning with the date on which the first regulations under that section come into force; and

(b) within 4 years beginning with that date.”

Page 61, line 21, leave out subsection (2)

Page 61, line 26, at end insert “insofar as they apply to those over 18 years of age”

Page 137, line 9, leave out “personal independence payment” and insert “personal disability costs payment”

Page 137, line 14, leave out “personal independence payment” and insert “personal disability costs payment”

Page 137, line 20, leave out “personal independence payment” and insert “personal disability costs payment”

Page 137, line 28, leave out “personal independence payment” and insert “personal disability costs payment”

Page 137, line 32, leave out “personal independence payment” and insert “personal disability costs payment”

Page 138, line 2, leave out “personal independence payment” and insert “personal disability costs payment”

Page 138, line 6, leave out “personal independence payment” and insert “personal disability costs payment”

Page 138, line 9, leave out “personal independence payment” and insert “personal disability costs payment”

Page 138, line 11, leave out “personal independence payment” and insert “personal disability costs payment”

Page 138, line 14, leave out “personal independence payment” and insert “personal disability costs payment”

Page 138, leave out lines 17 to 20

Page 138, line 18, leave out “personal independence payment” and insert “personal disability costs payment”

Page 138, line 32, leave out “, but before the “and” preceding paragraph (b),”

Page 139, line 2, leave out “personal independence payment” and insert “personal disability costs payment”

Page 139, line 6, leave out “personal independence payment” and insert “personal disability costs payment”

Page 139, line 9, leave out “personal independence payment” and insert “personal disability costs payment”

Page 139, line 12, leave out “personal independence payment” and insert “personal disability costs payment”

Page 139, line 16, leave out “personal independence payment” and insert “personal disability costs payment”

Page 139, line 20, leave out “personal independence payment” and insert “personal disability costs payment”

Page 139, line 25, leave out “personal independence payment” and insert “personal disability costs payment”

Page 139, line 28, leave out “personal independence payment” and insert “personal disability costs payment”

Page 140, line 9, leave out “personal independence payment” and insert “personal disability costs payment”

Page 140, line 13, leave out “personal independence payment” and insert “personal disability costs payment”

Page 140, line 17, leave out “personal independence payment” and insert “personal disability costs payment”

Page 140, line 20, leave out “personal independence payment” and insert “personal disability costs payment”

Page 140, line 26, leave out “personal independence payment” and insert “personal disability costs payment”

Page 140, line 32, leave out “personal independence payment” and insert “personal disability costs payment”

Page 140, line 35, leave out “personal independence payment” and insert “personal disability costs payment”

Page 141, line 2, leave out “personal independence payment” and insert “personal disability costs payment”

Page 141, line 12, leave out “personal independence payment” and insert “personal disability costs payment”

Page 141, line 20, after “84(1)” insert “or (Hospital in-patients)(1)”

Page 141, line 27, leave out “personal independence payment” and insert “personal disability costs payment”

Page 141, line 36, leave out “personal independence payment” and insert “personal disability costs payment”

Page 141, line 41, leave out “personal independence payment” and insert “personal disability costs payment”

Page 142, line 3, leave out “personal independence payment” and insert “personal disability costs payment”

Page 142, line 9, leave out “personal independence payment” and insert “personal disability costs payment”

Page 62, line 17, leave out “personal independence payment” and insert “personal disability costs payment”

Page 142, line 21, leave out “personal independence payment” and insert “personal disability costs payment”

Page 142, line 26, leave out “personal independence payment” and insert “personal disability costs payment”

Page 142, line 28, leave out “personal independence payment” and insert “personal disability costs payment”

Page 142, line 32, leave out “personal independence payment” and insert “personal disability costs payment”

Page 142, line 35, leave out “personal independence payment” and insert “personal disability costs payment”

Page 143, line 6, leave out “personal independence payment” and insert “personal disability costs payment”

Page 143, line 11, leave out “personal independence payment” and insert “personal disability costs payment”

Page 143, line 13, leave out “personal independence payment” and insert “personal disability costs payment”

Page 143, line 15, leave out “personal independence payment” and insert “personal disability costs payment”

Page 143, line 19, leave out “personal independence payment” and insert “personal disability costs payment”

Page 143, line 21, leave out “personal independence payment” and insert “personal disability costs payment”

Page 143, line 29, leave out “personal independence payment” and insert “personal disability costs payment”

Page 143, line 42, leave out “personal independence payment” and insert “personal disability costs payment”

Page 62, line 32, at end insert “including those aged 16 to 24”

Page 62, line 37, leave out “the first”

Page 62, line 38, leave out “the first”

Page 62, line 40, at end insert “and those aged 16 to 24”

Page 62, line 40, at end insert—

“(d) regulations under section 84”

Page 63, line 11, leave out “personal independence payment” and insert “personal disability costs payment”

Page 63, line 14, leave out “personal independence payment” and insert “personal disability costs payment”

[Withdrawn]

Page 63, line 22, at end insert “except for industrial injuries benefit awards”

Page 63, line 25, after “benefits” insert “with the exclusion of child benefit”

Page 63, line 41, at end insert—

“(ea) make provision so that, prior to the application of the benefit cap, should the relevant amount include an award of universal credit under section 10(1) then the amount included for—

(i) the third child shall be reduced to 75 per cent; and

(ii) the fourth child shall be reduced to 50 per cent,

of that included for the first child;”

Page 64, line 5, 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.”

Page 64, line 5, at end insert—

“( ) 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.”

Page 64, line 6, 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.”

Page 64, line 33, at end insert—

“(12) Regulations made under subsection (4)(ea) shall only apply to claimants whose third child is born at least nine months after this section coming into force.”

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.”

Page 67, line 24, at end insert—

“( ) After subsection (8)(b) there is inserted—

“(c) shall consider the extent to which a claimant falling under section 22 of the Welfare Reform Act 2012, and upon whom a sanction has been imposed under section 26 or 27 of that Act, had guaranteed and predictable access to childcare meeting the needs of any child for which the claimant was the responsible carer at the time when the decision appealed against was made.””

Insert the following new Clause—

“Guidelines to be followed by officials of jobcentres and local authorities when imposing sanctions, penalties or overpayments

(1) The Secretary of State shall issue guidelines applying to claimants which must, when imposing sanctions or penalties, be followed by officials of jobcentres and local authorities.

(2) When drafting the guidelines referred to in subsection (1) the Secretary of State will have regard to guidelines issued by the Sentencing Council covering the determination of fines.

(3) Officials of jobcentres and local authorities shall take into account all the relevant factors and circumstances of welfare claimants before deciding to impose any sanction or any penalty and before deciding to recover any overpayment.

(4) It shall be the duty of the decision makers in jobcentres or local authorities to give reasons for any decision in any case where any sanction or penalty is imposed upon a welfare claimant and where any decision is made that an overpayment is recoverable.”

Insert the following new Clause—

“Loss or reduction of benefits

The Secretary of State may not impose a sanction under section 26 or 27 on a claimant falling under section 22 where the claimant does not have guaranteed and predictable access to childcare meeting the needs of any child for which the claimant is the responsible carer.”

Page 105, line 11, at end insert—

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

“(2A) 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 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 such reasonable steps, it is either not possible or not appropriate for the parent with care to do so.””

Page 165, line 19, at end insert “and “that Part of””

Page 165, line 23, at end insert—

Page 165, line 29, leave out “and (2)” and insert “(in both places), (2) and (2A)”

Page 165, line 29, at end insert—

Page 166, line 51, at end insert—

Page 108, line 3, leave out “personal independence payment” and insert “personal disability costs payment”

Page 108, line 41, at end insert—

“(2A) Section 57 (entitlement of lone parents to income support etc) will come into force no earlier than 1 April 2013, and not before the implementation of universal credit.”

Page 109, line 4, at end insert—

“( ) any provision of Part 4 (personal independence payment) or of Part 9 of Schedule 14;”