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Lord McCarthy: It just shows that one has to keep going! I am glad that the Government intend to accept Amendment No. 106. In that case I do not feel particularly annoyed that they do not intend to accept Amendment No. 104. It is typical of the Government that they say that these variations can be made at any time. They say "if appropriate" and "as soon as possible". It is also rather typical that the example given by the noble Lord of someone who can change his jobseeker's agreement is where he has lost his licence. Some miserable thing has to happen. Nevertheless, something happy has happened, and I am very glad that the Government have accepted the second amendment. I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

The Chairman of Committees: I should tell the Committee that if Amendment No. 105 is agreed to I cannot call Amendments Nos. 106 to 109.

[Amendment No. 105 not moved.]

Lord McCarthy moved Amendment No. 106:

Page 8, line 15, after ("referred") insert ("forthwith").

On Question, amendment agreed to.

Lord Inglewood moved Amendment No. 107:

Page 8, line 34, after ("shall") insert ("—(a)").

The noble Lord said: In moving this amendment I wish to speak also to Amendments Nos. 108 and 109. These amendments parallel Amendment No. 99, which your Lordships have agreed in respect of the powers of the Social Security Appeal Tribunal where the adjudication officer is given powers by regulations to be made under Clause 7. In the case of these amendments they apply to the variation of an agreement. It is only right that the arrangements for varying an agreement are the same as those for drawing up the original agreement.

I should perhaps start by saying that the structure of Clause 8 is such that the amendments your Lordships have also agreed in relation to review of an agreement—Amendments Nos. 96 to 98—will apply automatically to issues arising in relation to the proposed variation of an agreement. Subsection (7) provides that. As with an original agreement, the jobseeker who is dissatisfied with a variation to his agreement will have the right to a review by a second adjudication officer and then, if he is still dissatisfied, the right of appeal to the Social Security Appeal Tribunal. The amendment makes clear that the Social Security Appeal Tribunal will have the same powers as the adjudication officer to direct the terms on which the claimant and the employment officer are to

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enter into an agreement to vary the jobseeker's agreement. It also enables the tribunal to make such direction as it considers appropriate to backdate the coming into effect of an agreement. Finally, the tribunal will also have the same powers to terminate an agreement if a claimant fails to comply with a direction given by it within a prescribed period. I beg to move.

On Question, amendment agreed to.

Lord Inglewood moved Amendments Nos. 108 and 109:

Page 8, line 35, leave out ("which shall be").
Page 8, line 36, at end insert ("other than by virtue of paragraph (bb);

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(b) make provision, in relation to a social security appeal tribunal determining an appeal against the adjudication officer's determination, or against any direction given by him, similar to any provision made by virtue of subsection (6) (b) or (c) or section 7(9) (e);").

On Question, amendments agreed to.

[Amendment No. 110 not moved.]

Clause 8, as amended, agreed to.

Lord Mackay of Ardbrecknish: I beg to move that the House be resumed.

Moved accordingly, and, on Question, Motion agreed to.

House resumed.

        House adjourned at twenty-four minutes before midnight.

25 Apr 1995 : Column 909

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