The
Chairman: With this it will be convenient to discuss
Government amendments Nos. 111, 75, 77 and Government new clause
1— Recovery of sums in respect of
maintenance. Amendment
agreed
to. Amendments
made: No. 84, in schedule 3, page 55, line 2, at end
insert— ‘Children Act 1989
(c. 41)A6 (1) The Children
Act 1989 is amended as
follows. (2) In section 17
(provision of services for children in need, their families and
others), in subsection (9) (persons exempt from repayment of
assistance), for “or of an income-based jobseeker’s
allowance” substitute “, of an income-based
jobseeker’s allowance or of an income-related employment and
support allowance”. (3)
In section 17A (direct payments), in subsection (5) (persons in
relation to whom special provision applies), in paragraph (b), for
“or of an income-based jobseeker’s allowance”
substitute “, of an income-based jobseeker’s allowance or
of an income-related employment and support
allowance”. (4) In
section 29 (recoupment of costs of providing services etc.), in
subsections (3) and (3A) (exempt persons), for “or of an
income-based jobseeker’s allowance” substitute “,
of an income-based jobseeker’s allowance or of an income-related
employment and support
allowance”. (5) In
section 105 (interpretation), in subsection (1), after the definition
of “income-based jobseeker’s allowance”
insert— ““income-related
employment and support allowance” means an income-related
allowance under Part 1 of the Welfare Reform Act 2006 (employment and
support
allowance);”. (6) In
Schedule 2 (local authority support for children and families), in
paragraph 21(4) (persons exempt from liability to contribute to
maintenance of children looked after by local authority), for
“or of an income-based jobseeker’s allowance”
substitute “, of an income-based jobseeker’s allowance or
of an income-related employment and support
allowance”.’. No.
85, in
schedule 3, page 55, line 5, after
‘6’ insert
‘as amended by the Child Support,
Pensions and Social Security Act 2000
(c. 19)’. No.
86, in
schedule 3, page 55, line 7, at
end insert— ‘( ) In that
section as it has effect apart from the Child Support, Pensions and
Social Security Act 2000 (c. 19) (applications by those
receiving benefit), in subsection (1), after “income-based
jobseeker’s allowance” insert “, an income-related
employment and support
allowance”.’. No.
87, in
schedule 3, page 55, line 8, after
‘46’ insert
‘as amended by the Child
Support, Pensions and Social Security Act 2000
(c. 19)’. No.
88, in
schedule 3, page 55, line 11, at
end insert— ‘( ) In that
section as it has effect apart from the Child Support, Pensions and
Social Security Act 2000 (c. 19) (failure to comply with
obligations imposed by section 6), in subsection (11), in the
definition of “relevant benefit”, after
“income-based jobseeker’s allowance” insert
“, an income-related employment and support
allowance”.’. No.
89, in
schedule 3, page 55, line 11, at
end insert— ‘( ) In section
47(3)(b) (persons to be exempted from payment of fees), after
“income-based jobseeker’s allowance,” insert
“an income-related employment and support
allowance,”.’. No.
90, in
schedule 3, page 55, line 16, at
end insert— ‘( ) In Part 1
of Schedule 1 as it has effect apart from the Child Support, Pensions
and Social Security Act 2000 (c. 19) (calculation of child
support maintenance), in paragraph 5(4)
(parents who are to be taken to have no assessable calculable income),
after “income-based jobseeker’s allowance” insert
“, an income-related employment and support
allowance”.’. No.
91, in
schedule 3, page 55, line 29, at
end insert— ‘( ) In section
6A (notional payment of primary Class 1 contribution where earnings not
less than lower earnings limit), in subsection (3) (purposes for which
Class 1 contribution treated as paid), at end insert “;
and (e) any purposes relating
to employment and support
allowance.”’. No.
92, in
schedule 3, page 55, line 42, at
end insert— ‘( ) In section
61A (contributions paid in error), in subsection (3), at the end of
paragraph (c) insert
“and”.’. No.
93, in
schedule 3, page 55, line 42, at
end insert— ‘() In section
88 (increases of benefits to be in respect of only one adult
dependant), for “86A” substitute
“85”.’. No.
94, in
schedule 3, page 55, line 42, at
end insert— ‘( ) In section
89(1) and (1A) (earnings to include occupational and personal pensions
etc. for purposes of provisions relating to increases of benefits in
respect of adult dependants), for “to 86A” substitute
“to
85”.’. No.
95, in
schedule 3, page 56, line 23, at
end insert— ‘( ) In
paragraph 5 of Schedule 3 (contribution conditions for widowed
mother’s allowance etc.), after sub-paragraph (6)
insert— “(6A) The
first condition shall be taken to be satisfied if the contributor
concerned was entitled to main phase employment and support allowance
at any time during— (a)
the year in which he attained pensionable age or died under that age,
or (b) the year immediately
preceding that year. (6B) The
reference in sub-paragraph (6A) to main phase employment and support
allowance is to an employment and support allowance in the case of
which the calculation of the amount payable in respect of the claimant
includes an addition under section 2(1)(b) or 4(2)(b) of the Welfare
Reform Act 2006 (addition where conditions of entitlement to support
component or work-related activity component
satisfied).”’. No.
96, in
schedule 3, page 57, line 20, at
end insert— ‘( ) In section
74A (payment of benefit where maintenance payments collected by
Secretary of State), in subsection (7) (benefits to which section
applies), after “an income-based jobseeker’s
allowance” insert “, an income-related employment and
support
allowance”.’. No.
97, in
schedule 3, page 57, line 26, at
end insert— ‘( ) In section
109(1) (diversion of arrested earnings to the Secretary of State -
Scotland), after “income support”, in both places, insert
“or an income-related employment and support
allowance”.’. No.
98, in
schedule 3, page 58, line 2, at
end insert— ‘( ) In section
130 (duties of employers: statutory sick pay), in subsection (1) (power
to require employer to supply information in connection with making of
claim for certain benefits by employee), at end
insert— “(f) an
employment and support
allowance.”’. No.
99, in
schedule 3, page 60, line 31, at
end insert— ‘( ) In section
165(6)(a) (under which no adjustment between the National Insurance
Fund and the Consolidated Fund is required for administrative expenses
of the Secretary of State
relating to benefits payable out of money provided by Parliament), for
“or section 20 of the State Pension CreditAct
2002” substitute “, section 20 of the State Pension
CreditAct 2002 or section 24 of the Welfare Reform Act
2006”.’. No.
100, in
schedule 3, page 60, line 31, at
end insert— ‘( ) In section
166 (financial review and report), in subsection (2) (duty at end of
each review period to review operation of certain
provisions)— (a) after
paragraph (b)
insert— “(ba) the
provisions of Part 1 of the Welfare Reform Act 2006 relating to
contributory employment and support
allowance;”; (b) in
paragraph (c), for “and (b)” substitute “to
(ba)”.’. No.
101, in
schedule 3, page 61, line 21, at
end insert— ‘Local
Government Finance Act 1992 (c.
14)4A (1) The Local
Government Finance Act 1992 is amended as
follows. (2) In Schedule 4
(enforcement in England and
Wales)— (a) in paragraph
6 (deductions from income support etc.), in sub-paragraphs (1) and
(2)(b), for “or state pension credit” substitute
“, state pension credit or an income-related employment and
support allowance”; (b)
in paragraph 12 (relationship between remedies), after sub-paragraph
(1)(bb)
insert— “(bc)
deductions from income-related employment and support allowance may be
resorted to more than
once.”’; (c)
after paragraph 20
insert— “21
In this Schedule, “income-related employment and support
allowance” means an income-related allowance under Part 1 of the
Welfare Reform Act 2006 (employment and support
allowance).” (3) In Schedule 8
(enforcement in
Scotland)— (a) in
paragraph 6 (deductions from income support etc.), in sub-paragraphs
(1) and (2)(b), for “or state pension credit” substitute
“, state pension credit or an income-related employment and
support allowance”; (b)
in that paragraph, at the end
insert— “(3) In
this paragraph, “income-related employment and support
allowance” means an income-related allowance under Part 1 of the
Welfare Reform Act 2006 (employment and support
allowance).”’. No.
102, in
schedule 3, page 62, line 13, at
end insert— ‘Children
(Scotland) Act 1995 (c.
36)5A In section 22
of the Children (Scotland) Act 1995 (promotion of welfare of children
in need), in subsection (4) (under which persons in receipt of certain
benefits cannot be required to repay financial assistance), at end
insert “; or (c) an income-related
allowance under Part 1 of the Welfare Reform Act 2006 (employment and
support
allowance).”’. No.
103, in
schedule 3, page 62, line 13, at
end insert— ‘Employment
Tribunals Act 1996 (c.
17)‘5B (1) The
Employment Tribunals Act 1996 is amended as
follows. (2) In section 16
(power to provide for recoupment of
benefits)— (a) in
subsections (3)(a) and (c) and (5)(cc) and (e), for “or income
support” substitute “, income support or income-related
employment and support
allowance”;
(b) in subsection (3)(b), for “either
benefit” substitute “jobseeker’s allowance, income
support or income-related employment and support
allowance”; (c)
in subsection (4), for paragraph (b)
substitute— “(b)
so as to apply to all or any of the benefits mentioned in subsection
(3).” (3) In section 17
(recoupment: further provisions), in subsection (1), for “or
income support”, in both places, substitute “, income
support or income-related employment and support
allowance”. (4) In that
section, at the end
insert— “(5) In
this section and section 16 “income-related employment and
support allowance” means an income-related allowance under Part
1 of the Welfare Reform Act 2006 (employment and support
allowance).”’. No.
104, in
schedule 3, page 62, line 13, at
end insert— ‘Education Act
1996 (c. 56)5C (1) The
Education Act 1996 is amended as
follows. (2) In section 457
(charges and remissions policies), in subsection (4)(b) (cases where
receipt of benefit by pupil’s parent to give rise to remission),
after sub-paragraph (ii)
insert— “(iia) in
receipt of an income-related employment and support
allowance,”. (3) In
section 512ZB (provision of free school lunches and milk), in
subsection (4) (eligibility for free lunches), in paragraphs (a) and
(b), after sub-paragraph (ii)
insert— “(iia) in
receipt of an income-related employment and support
allowance,”. (4) In
section 579 (interpretation), in subsection (1), after the definition
of “higher education”
insert— ““income-related
employment and support allowance” means an income-related
allowance under Part 1 of the Welfare Reform Act 2006 (employment and
support
allowance);”.’. No.
105, in
schedule 3, page 63, line 8, at
end insert— ‘Immigration
and Asylum Act 1999 (c.
33)7A In section
115 of the Immigration and Asylum Act 1999 (exclusion from benefits),
in subsection (1) (benefits to which entitlement excluded), after
“State Pension Credit Act 2002” insert “or to
income-related allowance under Part 1 of the Welfare Reform Act 2006
(employment and support
allowance)”. No.
106, in
schedule 3, page 63, line 8, at
end insert— ‘Child Support,
Pensions and Social Security Act 2000 (c.
19)7B (1) Section 62 of the
Child Support, Pensions and Social Security Act 2000 (loss of benefit
for breach of community order) is amended as
follows. (2) After subsection
(4) insert— “(4A)
The Secretary of State may by regulations provide that, where the
relevant benefit is an employment and support allowance, any
income-related allowance (within the meaning of Part 1 of the Welfare
Reform Act 2006) shall be payable, during the whole or part of the
prescribed period, as if one or more of the following
applied— (a) the rate of
the allowance were such reduced rate as may be
prescribed; (b) the allowance
were payable only if there is compliance by the offender with such
obligations with respect to the provision of information as may be
imposed by the regulations; (c)
the allowance were payable only if the circumstances are otherwise such
as may be prescribed.”
(3) In subsection (8), in the
definition of “relevant benefit”, after paragraph (b)
insert— “(ba) an
employment and support
allowance;”.’. No.
107, in
schedule 3, page 63, line 8, at
end insert— ‘Local
Government Act 2000 (c.
22)7C In section 94
of the Local Government Act 2000 (disclosure of information), in
subsection (1) (benefit information which may be disclosed), for
“or state pension credit” substitute “, state
pension credit or an income-related employment and support
allowance.’. No.
108, in
schedule 3, page 63, line 8, at
end insert— ‘Adults with
Incapacity (Scotland) Act 2000 (asp
4)7D (1) The Adults with
Incapacity (Scotland) Act 2000 is amended as
follows. (2) In section
39(1)(a) (which excepts from matters which may be managed those
relating to benefit under the Contributions and Benefits Act), at end
insert “or Part 1 of the Welfare Reform Act
2006”. (3) In section
41(a) (duties of managers in relation to matters which may be managed),
at end insert “or Part 1 of the Welfare Reform Act
2006”.’. No.
109, in
schedule 3, page 63, line 8, at
end insert— ‘Social
Security Fraud Act 2001 (c.
11)7E (1) Section 9 of the
Social Security Fraud Act 2001 (effect of offence on benefits of
members of offender’s family) is amended as
follows. (2) In subsection (1)
(benefits to which section applies), after paragraph (bb)
insert— “(bc)
employment and support
allowance;”. (3) After
subsection (4A)
insert— “(4B) In
relation to cases in which the benefit is employment and support
allowance, the provision that may be made by virtue of subsection (2)
is provision that, in the case of the offender’s family member,
any income-related allowance shall be payable, during the whole or a
part of any period comprised in the relevant period, as if one or more
of the following
applied— (a) the rate of
the allowance were such reduced rate as may be
prescribed; (b) the allowance
were payable only if there is compliance by the offender or the
offender’s family member, or both of them, with such obligations
with respect to the provision of information as may be imposed by the
regulations; (c) the allowance
were payable only if circumstances are otherwise such as may be
prescribed.”’.—[Mrs.
McGuire.] Schedule
3, as amended, agreed
to. Clause 26
ordered to stand part of the
Bill.
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