Amendments proposed to the Tax Credits Bill - continued House of Commons

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Mr Howard Flight
Mr James Clappison
Mr Peter Luff

22

Clause     33,     page     21,     line     40,     leave out 'seven' and insert 'ten'.

   

Mr Howard Flight
Mr James Clappison
Mr Peter Luff

23

Clause     33,     page     21,     line     40,     at end add—

    '(3)   The Secretary of State shall within one year of this section coming into effect and every year thereafter make a report to Parliament on—

      (a) the extent of fraud in claims for tax credits, and

      (b) the measures he has taken to deal with fraudulent claims for tax credits.'.


   

Mr Howard Flight
Mr James Clappison
Mr Peter Luff

44

Clause     34,     page     22,     line     8,     leave out 'serious'.


   

Steve Webb
Richard Younger-Ross

72

Clause     35,     page     22,     line     21,     leave out 'or neglect'.


   

Steve Webb
Richard Younger-Ross

73

Clause     36,     page     23,     line     8,     leave out 'and'.

   

Steve Webb
Richard Younger-Ross

74

Clause     36,     page     23,     line     9,     at end insert 'and—

      (e) any decision under section 27(1) or section 27(2A).'.


   

Mr Howard Flight
Mr James Clappison
Mr Peter Luff

54

Clause     37,     page     23,     line     17,     at beginning insert 'Subject to subsection (1A) below'.

   

Mr Howard Flight
Mr James Clappison
Mr Peter Luff

55

Clause     37,     page     23,     line     19,     at end insert—

    '(1A)   The General Commissioners or the Special Commissioners may allow notice of an appeal under section 36 to be given more than thirty days after the date on which notice of the decision was given if it appears reasonable for them to do so.'.

   

Steve Webb
Richard Younger-Ross

75

Clause     37,     page     23,     line     21,     leave out subsections (3) to (7) and insert—

    '(3)   An appeal under section 36 shall be to an appeal tribunal constituted under Chapter 1 to the Social Security Act 1998, and the provisions of sections 12 to 16 of the Social Security Act 1998 (and Regulations made thereunder) shall apply with like effect to appeals under section 36.'.

   

Mr Howard Flight
Mr James Clappison
Mr Peter Luff

56

Clause     37,     page     23,     line     29,     leave out from 'notice' to end of line 30.


   

Ms Karen Buck

88

*Clause     38,     page     24,     line     4,     leave out ', child tax credit or working tax credit (or both),' and insert 'working tax credit (but such regulations shall not exclude entitlement to persons subject to immigration control who are entitled to take up or be engaged in employment in the United Kingdom)'.


   

Steve Webb
Richard Younger-Ross

76

Schedule     3,     page     46,     line     4,     at end insert—

    '28A   In sections 150 and 152 of the Social Security Administration Act 1992, replace at all places where they appear references to the "Secretary of State" with "Secretary of State or Treasury", and in section 150(1) of the same Act after sub-paragraph (k) but before the words "in order to determine" insert a sub-paragraph (l)—

      "(l) arising under the Tax Credits Act 2002 (or regulations made thereunder),".'.


NEW CLAUSES RELATING TO PART 1

Offence of repeated incorrect statement

   

Mr Howard Flight
Mr James Clappison
Mr Peter Luff

NC1

To move the following Clause—

    '(1)   A person commits an offence if he fraudulently or negligently—

      (a) makes an incorrect statement or declaration in or in connection with a claim for a tax credit or a notification of a change in circumstances given in accordance with regulations under section 6 or in response to a notice under section 17, or

      (b) gives incorrect information or evidence in response to a requirement imposed on him by virtue of section 14(2), 15(2), 16(3) or 18(2) or regulations under section 24

       within three years of the imposition on him of a penalty under section 29.

    (2)   A person who commits an offence under subsection (1) is liable—

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

      (b) on conviction on indictment, to imprisonment for a term not exceeding seven years, or a fine, or both.'.


Aggravated tax credit fraud

   

Mr Howard Flight
Mr James Clappison
Mr Peter Huff

NC2

To move the following Clause—

    '(1)   A person is guilty of aggravated tax credit fraud if he is knowingly concerned in any fraudulent activity undertaken with a view to obtaining payments of a tax credit by him or any other person and—

      (a) tax credits have been fraudulently obtained by himself or another in excess of the prescribed sum; or

      (b) he has been convicted of an offence under the provisions of this Act or a benefit offence as defined by section 7 of the Social Security Fraud Act 2001 within the preceding five years.

    (2)   A person who commits an offence under subsection (1) is liable—

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

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

    (3)   Regulations may make provision as to the prescribed sum in subsection (1).'.


Increased penalty for dishonest representations for obtaining benefit etc.

   

Mr Howard Flight
Mr James Clappison
Mr Peter Luff

NC3

To move the following Clause—

       'In subsection (3)(b) of section 111A of the Social Security Administration Act 1992 (c. 5) the word "seven" is omitted and the word "ten" substituted.'.


Increased penalty for false representations for obtaining benefit etc.

   

Mr Howard Flight
Mr James Clappison
Mr Peter Luff

NC4

To move the following Clause:—

       'In subsection (2) of section 112 of the Social Security Administration Act 1992, "3" is omitted and "6" is substituted.'.


Effect of working tax credit on housing or council tax benefits

   

Steve Webb
Richard Younger-Ross

NC5

To move the following Clause:—

       'No award of working tax credit under this Act shall be taken into account in the determination of any housing or council tax benefit to which a person may be entitled under any other enactment.'.


Review and alteration of rates of tax credits

   

Steve Webb
Richard Younger-Ross

NC6

To move the following Clause:—

       'Section 150 of the Social Security Administration Act 1992 shall apply with like effect to tax credits and paragraph 28A of Schedule 3 to this Act shall amend the said section 150 accordingly.'.


Passporting
   

Ms Karen Buck

NC7

*To move the following Clause—

       '.—A person entitled to the maximum rate of child credit shall be entitled to:

      (a) specified social security benefits,

      (b) the maximum rate of certain social security benefits, and

      (c) specified public services free of charge as may be prescribed.'.


   

Ms Karen Buck

89

*Schedule     4,     page     52,     line     1,     leave out from 'section' to end of line 3 and insert '115(1), the words "(1) child benefit" are omitted.'.


RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE

The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Monday 14th January (Sessional Order C to Programming)

       That -

    (1)   during proceedings on the Tax Credits Bill the Standing Committee do meet on Tuesdays at half-past Ten o'clock and at half-past Four o'clock and on Thursdays at half-past Nine o'clock and at half-past Two o'clock;

    (2)   the proceedings shall be taken in the following order, namely Clauses 1 to 26, Schedule 1, Clauses 27 to 32, Schedule 2, Clauses 33 to 43, Schedule 3, Clause 44, New Clauses and New Schedules relating to Part 1, Clauses 45 to 47, Schedule 4, Clauses 48 to 53, New Clauses and New Schedules relating to Part 2, Clauses 54 and 55, Schedule 5, Clause 56, Schedule 6, Clauses 57 to 65 and remaining New Clauses and New Schedules;

    (3)   the proceedings on Clauses 1 to 22 (so far as not previously concluded) shall be brought to a conclusion at 5 p.m. on Thursday 17th January 2002;

    (4)   the proceedings on Clauses 23 to 26, Schedule 1, Clauses 27 to 32, Schedule 2, Clauses 33 to 43, Schedule 3, Clause 44 and New Clauses andNew Schedules relating to Part 1 (so far as not previously concluded) shall be brought to a conclusion at 11.25 a.m. on Thursday 24th January 2002;

    (5)   the remaining proceedings on the Bill (so far as not previously concluded) shall be brought to a conclusion at 5 p.m. on Thursday 24th January 2002.

       Dawn Primarolo has given notice of her intention to move a motion in the terms of the resolution of the Programming Sub-Committee [Sessional Order C(9) relating to Programming (28th June)]


 
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Prepared 15 Jan 2002