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The Deputy Chairman of Committees (Lord Burnham): The Question is, That Amendment No. 4, as amended, be agreed to?

Lord Mackay of Ardbrecknish: We have reached the end but no one has spoken so I presume that I am not in a position to reply to the various points that have been made. I commend the amendment to the Committee.

6.8 p.m.

On Question, Whether the said amendment (No. 4, as amended) shall be agreed to?

Their Lordships divided: Contents, 153; Not-Contents, 140.

1 Jul 1996 : Column 1264

Division No. 2

Division No.

CONTENTS

Addison, V.
Ailsa, M.
Aldington, L.
Allenby of Megiddo, V.
Astor of Hever, L.
Attlee, E.
Barber, L.
Barber of Tewkesbury, L.
Belhaven and Stenton, L.
Birdwood, L.
Blaker, L.
Blatch, B.
Blyth, L.
Boardman, L.
Bowness, L.
Boyd-Carpenter, L.
Brabazon of Tara, L.
Brentford, V.
Brightman, L.
Bruntisfield, L.
Burnham, L.
Butterworth, L.
Caithness, E.
Campbell of Alloway, L.
Campbell of Croy, L.
Carnegy of Lour, B.
Carr of Hadley, L.
Chalker of Wallasey, B.
Chelmsford, V.
Chesham, L. [Teller.]
Clanwilliam, E.
Clark of Kempston, L.
Coleraine, L.
Colwyn, L.
Courtown, E.
Cranborne, V. [Lord Privy Seal.]
Cuckney, L.
Cumberlege, B.
Dacre of Glanton, L.
Darcy (de Knayth), B.
De L'Isle, V.
Dean of Harptree, L.
Denton of Wakefield, B.
Digby, L.
Dixon-Smith, L.
Downshire, M.
Dundee, E.
Eden of Winton, L.
Ellenborough, L.
Elliott of Morpeth, L.
Elton, L.
Ferrers, E.
Fraser of Carmyllie, L.
Gage, V.
Gainford, L.
Gardner of Parkes, B.
Gibson-Watt, L.
Gilmour of Craigmillar, L.
Goschen, V.
Gray of Contin, L.
Greenway, L.
Hailsham of Saint Marylebone, L.
Harding of Petherton, L.
Harlech, L.
Harmsworth, L.
Hayhoe, L.
Henley, L.
Hesketh, L.
Holderness, L.
HolmPatrick, L.
Hooper, B.
Howe, E.
Hylton-Foster, B.
Inchcape, E.
Inglewood, L.
Johnston of Rockport, L.
Kimball, L.
Lane of Horsell, L.
Lauderdale, E.
Lawrence, L.
Lawson of Blaby, L.
Layton, L.
Leigh, L.
Lindsay, E.
Lindsey and Abingdon, E.
Lucas, L.
McColl of Dulwich, L.
Mackay of Ardbrecknish, L.
Mackay of Drumadoon, L.
Macleod of Borve, B.
Manton, L.
Marlesford, L.
Marsh, L.
Massereene and Ferrard, V.
Merrivale, L.
Mersey, V.
Miller of Hendon, B.
Milverton, L.
Monk Bretton, L.
Monson, L.
Montgomery of Alamein, V.
Mountevans, L.
Mountgarret, V.
Mowbray and Stourton, L.
Moyne, L.
Munster, E.
Murton of Lindisfarne, L.
Napier and Ettrick, L.
Nelson, E.
Noel-Buxton, L.
Northesk, E.
O'Cathain, B.
Oppenheim-Barnes, B.
Park of Monmouth, B.
Pearson of Rannoch, L.
Peel, E.
Pender, L.
Peyton of Yeovil, L.
Pilkington of Oxenford, L.
Platt of Writtle, B.
Prentice, L.
Prior, L.
Rankeillour, L.
Rawlings, B.
Rees, L.
Rennell, L.
Renton, L.
Renwick, L.
Romney, E.
St. Davids, V.
Saint Oswald, L.
Saltoun of Abernethy, Ly.
Seccombe, B.
Sharples, B.
Stewartby, L.
Strange, B.
Strathclyde, L. [Teller.]
Strathcona and Mount Royal, L.
Sudeley, L.
Swinfen, L.
Teviot, L.
Thomas of Gwydir, L.
Trumpington, B.
Vivian, L.
Waverley, V.
Weatherill, L.
Wedgwood, L.
Wharton, B.
Wilberforce, L.
Wilcox, B.
Wise, L.
Wolfson, L.
Wynford, L.

NOT-CONTENTS

Ackner, L.
Addington, L.
Archer of Sandwell, L.
Ashley of Stoke, L.
Avebury, L.
Bancroft, L.
Barnett, L.
Beaumont of Whitley, L.
Berkeley, L.
Birk, B.
Borrie, L.
Bridges, L.
Broadbridge, L.
Bruce of Donington, L.
Callaghan of Cardiff, L.
Carmichael of Kelvingrove, L.
Castle of Blackburn, B.
Chichester, Bp.
Clancarty, E.
Cledwyn of Penrhos, L.
Clinton-Davis, L.
Dahrendorf, L.
Dainton, L.
David, B.
Dean of Beswick, L.
Dean of Thornton-le-Fylde, B.
Desai, L.
Diamond, L.
Donaldson of Kingsbridge, L.
Donoughue, L.
Dormand of Easington, L.
Drogheda, E.
Dubs, L.
Eatwell, L.
Ewing of Kirkford, L.
Ezra, L.
Falkender, B.
Falkland, V.
Farrington of Ribbleton, B.
Fisher of Rednal, B.
Gallacher, L.
Geraint, L.
Gladwin of Clee, L.
Glenamara, L.
Graham of Edmonton, L. [Teller.]
Gregson, L.
Grenfell, L.
Grey, E.
Hamwee, B.
Harris of Greenwich, L.
Haskel, L.
Hayman, B.
Hilton of Eggardon, B.
Hollick, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooson, L.
Howell, L.
Howie of Troon, L.
Hylton, L.
Irvine of Lairg, L.
Jakobovits, L.
Jay of Paddington, B.
Jeger, B.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Judd, L.
Kennet, L.
Kilmarnock, L.
Lester of Herne Hill, L.
Lincoln, Bp.
Listowel, E.
Lockwood, B.
Longford, E.
Lovell-Davis, L.
McCarthy, L.
McIntosh of Haringey, L.
Mackie of Benshie, L.
McNair, L.
McNally, L.
Mar, C.
Mar and Kellie, E.
Mason of Barnsley, L.
Mayhew, L.
Merlyn-Rees, L.
Meston, L.
Mishcon, L.
Molloy, L.
Monkswell, L.
Morris of Castle Morris, L.
Murray of Epping Forest, L.
Nicol, B.
Ogmore, L.
Oxford, Bp.
Peston, L.
Phillips of Ellesmere, L.
Plant of Highfield, L.
Prys-Davies, L.
Rea, L.
Richard, L.
Rix, L.
Robson of Kiddington, B.
Rochester, L.
Rodgers of Quarry Bank, L.
Russell, E. [Teller.]
Sandwich, E.
Scanlon, L.
Seear, B.
Sefton of Garston, L.
Serota, B.
Sewel, L.
Shaughnessy, L.
Shepherd, L.
Simon, V.
Simon of Glaisdale, L.
Stallard, L.
Stoddart of Swindon, L.
Strabolgi, L.
Strafford, E.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Gryfe, L.
Temple of Stowe, E.
Thomas of Walliswood, B.
Thurso, V.
Tonypandy, V.
Tope, L.
Tordoff, L.
Turner of Camden, B.
Varley, L.
Wallace of Coslany, L.
Wallace of Saltaire, L.
Warnock, B.
White, B.
Wigoder, L.
Williams of Crosby, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Winchilsea and Nottingham, E.
Winston, L.

Resolved in the affirmative, and amendment agreed to accordingly.

1 Jul 1996 : Column 1266

6.17 p.m.

Clause 11 agreed to.

Clause 12 [Short title, interpretation, commencement and extent]:

Lord Mackay of Ardbrecknish moved Amendment No. 15:


Page 8, line 31, after ("Act") insert ("except section (Saving for social security regulations) and Schedule (Modifications of social security regulations)").

The noble Lord said: I have already spoken to the amendment. I beg to move.

On Question, amendment agreed to.

[Amendment No. 16 not moved.]

Lord Mackay of Ardbrecknish moved Amendment No. 17:


Before Schedule 1, insert the following new schedule--

("SCHEDULE
MODIFICATIONS OF SOCIAL SECURITY REGULATIONS
PART I
SOCIAL SECURITY (PERSONS FROM ABROAD) MISCELLANEOUS AMENDMENTS REGULATIONS 1996
Preliminary

1. In this Part of this Schedule--
(a) "the 1996 Regulations" means the Social Security (Persons from Abroad) Miscellaneous Amendments Regulations 1996; and
(b) expressions which are used in the 1996 Regulations have the same meanings as in those Regulations.
Income support

2. In regulation 8 of the 1996 Regulations (amendment of the Income Support Regulations)--
(a) paragraph (2) so far as relating to the sub-paragraph added to regulation 21(3) of the Income Support Regulations as sub-paragraph (j); and
(b) paragraph (3)(c) and (d),
shall have effect as if the 1996 Regulations had been made, and had come into force, on the day on which this Act is passed.
Housing benefit

3. In regulation 7 of the 1996 Regulations (amendment of regulation 7A of the Housing Benefit Regulations)--
(a) paragraph (a) so far as relating to the sub-paragraph added to regulation 7A(4) of the Housing Benefit Regulations as sub-paragraph (g);
(b) paragraph (b) so far as relating to sub-paragraphs (a) and (b) of the paragraph substituted for regulation 7A(5) of those Regulations; and
(c) paragraph (c),
shall have effect as if the 1996 Regulations had been made, and had come into force, on the day on which this Act is passed.

1 Jul 1996 : Column 1267

Council tax benefit

4. In regulation 3 of the 1996 Regulations (amendment of regulation 4A of the Council Tax Benefit Regulations)--
(a) paragraph (a) so far as relating to the sub-paragraph added to regulation 4A(4) of the Council Tax Benefit Regulations as sub-paragraph (g);
(b) paragraph (b) so far as relating to sub-paragraphs (a) and (b) of the paragraph substituted for regulation 4A(5) of those Regulations; and
(c) paragraph (c),
shall have effect as if the 1996 Regulations had been made, and had come into force, on the day on which this Act is passed.
General

5.--(1) Subject to sub-paragraph (2) below, any person who is excluded from entitlement to income support, housing benefit or council tax benefit by any of the provisions which are modified by the preceding provisions of this Part of this Schedule--
(a) shall not be entitled to the benefit for any period beginning on or after the day on which this Act is passed; and
(b) shall not be entitled to the benefit for any period beginning on or after 5th February 1996 except on a claim made before the day on which this Act is passed, or an application made before that day for the review of a decision.
(2) Nothing in this paragraph shall apply in any case where a person is entitled to the benefit in question either--
(a) by virtue of regulation 12(1) of the 1996 Regulations (saving); or
(b) by virtue of regulations making such provision as is mentioned in section (Saving for social security regulations) (2) of this Act.
PART II
SOCIAL SECURITY (PERSONS FROM ABROAD) (MISCELLANEOUS AMENDMENTS) REGULATIONS (NORTHERN IRELAND) 1996
Preliminary

6. In this Part of this Schedule "the 1996 Regulations" means the Social Security (Persons from Abroad) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996.
Income support

7. In regulation 4 of the 1996 Regulations (amendment of the Income Support (General) Regulations)--
(a) paragraph (2) so far as relating to the paragraph added to regulation 21(3) of the Income Support (General) Regulations (Northern Ireland) 1987 as paragraph (j); and
(b) paragraph (3)(b),
shall have effect as if the 1996 Regulations had been made, and had come into operation, on the day on which this Act is passed.
Housing benefit

8. In regulation 5 of the 1996 Regulations (amendment of the Housing Benefit (General) Regulations)--
(a) paragraph (a) so far as relating to the sub-paragraph added to regulation 7A(4) of the Housing Benefit (General) Regulations (Northern Ireland) 1987 as sub-paragraph (g);
(b) paragraph (b) so far as relating to sub-paragraphs (a) and (b) of the paragraph substituted for regulation 7A(5) of those Regulations; and
(c) paragraph (c),
shall have effect as if the 1996 Regulations had been made, and had come into operation, on the day on which this Act is passed.
General

9.--(1) Subject to sub-paragraph (2) below, any person who is excluded from entitlement to income support or housing benefit by any of the provisions which are modified by the preceding provisions of this Part of this Schedule--

1 Jul 1996 : Column 1268


(a) shall not be entitled to the benefit for any period beginning on or after the day on which this Act is passed; and
(b) shall not be entitled to the benefit for any period beginning on or after 5th February 1996 except on a claim made before the day on which this Act is passed, or an application made before that day for the review of a decision.
(2) Nothing in this paragraph shall apply in any case where a person is entitled to the benefit in question either--
(a) by virtue of regulation 11(1) of the 1996 Regulations (saving); or
(b) by virtue of regulations making such provision as is mentioned in section (Saving for social security regulations)(2) of this Act.").

The noble Lord said: I spoke to this amendment with Amendment No. 4. I beg to move.

On Question, amendment agreed to.

Schedules 1 to 3 agreed to.

House resumed: Clauses 9 to 12 and the schedules reported with amendments; then, Standing Order 44 having been dispensed with pursuant to Resolution of 28th June, Report received. It was ordered that the Bill be printed as amended.


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