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Lord Hardie moved Amendment No. 147K:


Page 69, line 29, leave out ("by the Secretary of State").

On Question, amendment agreed to.

[Amendment No. 147L had been withdrawn from the Marshalled List.]

Lord Hardie moved Amendment No. 147M:


Page 69, line 33, at end insert--
("(1A) Section 28ZC shall not apply where the decision of the Secretary of State mentioned in sub-paragraph (1)(b) above--
(a) is one which, but for section 28ZA(2)(a) as it applies by virtue of paragraph 4(1), would have been made before the date of the relevant determination; or
(b) is one made in pursuance of section 28ZB(3) or (5) as it applies by virtue of paragraph 5(1).").

On Question, amendment agreed to.

Lord Hardie moved Amendment No. 148:


Page 69, line 39, at end insert--

("Criminal Justice Act 1991 (c.53)

. In subsection (2)(b) of section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from income support or jobseeker's allowance), for the words "appeals and reviews" there shall be substituted the words "appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 10 or 11 of that Act".").

On Question, amendment agreed to.

Lord Hardie moved Amendment No. 149:


Page 73, line 30, after ("In") insert ("subsection (1) of").

The noble and learned Lord said: In moving Amendment No. 149, I should like to speak also to Amendment No. 150. Again, these are technical amendments. They change the wording of an existing regulation-making power in the Social Security Administration Act 1992, which relates to the review of decisions, so that it accurately reflects the new provisions in the Bill for disputing a decision--that is, a reference to "review" is replaced by references to "revision" and "supersession". I beg to move.

On Question, amendment agreed to.

Lord Hardie moved Amendment No. 150:


Page 73, line 31, leave out ("paragraphs (n) and (o) of subsection (1) and subsection (4)") and insert--
("(a) for paragraph (e) there shall be substituted the following paragraph--
"(e) for any such award to be revised under section 10 of the Social Security Act 1998, or superseded under section 11 of that Act, if any of those requirements are found not to have been satisfied;"; and.
(b) paragraphs (n) and (o) shall cease to have effect.
( ) Subsection (4) of that section").

On Question, amendment agreed to.

Lord Hardie moved Amendment No. 150A:


Page 73, leave out lines 35 to 47.

On Question, amendment agreed to.

6 Apr 1998 : Column 572

Lord Hardie moved Amendment No. 151:


Page 73, line 48, leave out ("(5)") and insert ("(2)").

The noble and learned Lord said: In moving Amendment No. 151, I should like to speak also to Amendments Nos. 152 and 153. The intention of Amendment No. 152 is to clarify the position relating to the redetermination of overpayments of benefits by the Secretary of State, tribunals, commissioners and the higher courts.

The amendment to Section 71 of the Administration Act clarifies that, in considering an overpayment determination on review or appeal, the Secretary of State or a tribunal is required to consider the question of the amount of overpayment which is recoverable under Section 71(1) of the Administration Act. However, when considering the same question on appeal, a commissioner or a court is not specifically required to make findings of fact in that respect, but may do so if it wishes.

As noble Lords will know, the role of the commissioners and the higher courts is to consider whether there has been an error of law in social security decisions. The intention--namely; to relieve some of the burden on the commissioners and the courts--will therefore be achieved, as they will not be required to make detailed findings of fact. The amendment clarifies the position on these matters, and I commend it to the Committee. Amendment No. 151 amends an incorrect reference to subsection (5) of Section 71 of the Administration Act to subsection (2), to take account of Amendment No. 152.

Amendment No. 153 clarifies that the words inserted into the Administration Act by paragraph 84(2) of Schedule 6 are to be inserted after the first reference to "paragraph 6", and not subsequent references. The amendments are technical. I beg to move.

On Question, amendment agreed to.

Lord Hardie moved Amendments Nos. 152 and 153:


Page 73, line 48, at end insert (", after the word "shall" there shall be inserted the words "in the case of the Secretary of State or a tribunal, and may in the case of a Commissioner or a court".
( ) In subsection (5) of that section").
Page 76, line 14, after ("6"") insert (", in the first place where they occur,").

On Question, amendments agreed to.

Lord Hardie moved Amendment No. 154:


Page 78, line 30, at end insert--

("Local Government Finance Act 1992 (c.14)

. In sub-paragraph (2)(a) of paragraph 6 of Schedule 4 to the Local Government Finance Act 1992 (recovery of council tax etc. by deductions from income support or jobseeker's allowance), for the words "appeals and reviews" there shall be substituted the words "appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 10 or 11 of that Act".").

On Question, amendment agreed to.

6 Apr 1998 : Column 573

Lord Hardie moved Amendment No. 155:


Page 83, line 8, at end insert--
("Industrial Tribunals Act 1996 (c.17)
. In subsection (5) of section 16 of the Industrial Tribunals Act 1996 (power to provide for recoupment of benefits)--
(a) in paragraph (a), the words "adjudication officers or" shall cease to have effect; and
(b) for paragraph (d) there shall be substituted the following paragraphs--
"(cc) provide for the determination by the Secretary of State of any issue arising as to the total or partial recoupment in pursuance of the regulations of a jobseeker's allowance, unemployment benefit or income support,
(d) confer on an employee a right of appeal to an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998 against any decision of the Secretary of State on any such issue, and".").

On Question, amendment agreed to.

Lord Hardie moved Amendment No. 156:


Page 83, line 8, at end insert--
(" . In paragraph 10(2) of Schedule 1 to that Act (supplementary provisions), for the words "section 5(1)(n) of the Administration Act" there shall be substituted the words "section 22(2) of the Social Security Act 1998".").

The noble and learned Lord said: This is a consequential amendment to the Jobseekers Act 1995. Paragraph 10 of Schedule 1 to that Act refers to Section 5(1)(n) of the Administration Act, which is repealed in the Bill and replaced by the provisions of Clause 22. The effect of the amendment is to substitute for the reference to "Section 5(1)(n)" a reference to "Section 22(2)" of this Act. I beg to move.

On Question, amendment agreed to.

Schedule 6, as amended, agreed to.

Schedule 7 [Repeals]:

[Amendment No. 156A had been withdrawn from the Marshalled List.]

Lord Hardie moved Amendment No. 157:


Page 89, line 39, column 3, after ("paragraphs") insert ("20(3),").

The noble and learned Lord said: In moving Amendment No. 157, I should like to speak also to Amendments Nos. 158 and 158A. Schedule 7 details the current provisions which will be repealed as a consequence of the provisions in this Bill. The amendments to this schedule simply clarify the extent of the appeals that are necessary. Subject to the agreement of the Committee, I do not propose to discuss each of the amendments to the schedule, as they are consequential on clauses and schedules which have already been debated. I beg to move.

On Question, amendment agreed to.

Lord Hardie moved Amendments Nos. 158 and 158A:


Page 89, line 48, column 3, at beginning insert--
("In section 16(5)(a), the words "adjudication officers or".")

6 Apr 1998 : Column 574


Page 90, column 3, leave out lines 9 and 10 and insert--
("Section (Transitory Provisions).Schedule (Transitory Provisions).")

On Question, amendments agreed to.

[Amendment No. 159 had been withdrawn from the Marshalled List.]

Schedule 7, as amended, agreed to.

Clause 81 [Short title, commencement and extent]:


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