Welfare Reform and Pensions Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
After Clause 61
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
125     Insert the following new Clause-- 
     ("  .  In section 135 of the Contributions and Benefits Act, there shall be inserted after subsection (1)--
        (1A)  The applicable amounts for income support for severely disabled persons shall be certified by the Secretary of State following consultation with one or more organisations whom he regards as representative of severely disabled persons.
        (1B)  The sums first certified by the Secretary of State under subsection (1A) above shall, in the case of a severely disabled person who is aged not less than 16 but less than 60, be set at a level no less than the higher level for those aged over 25 together with the maximum disability premiums available.
        (1C)  After sums have first been certified under subsection (1A) above, the sums certified in each subsequent year shall be not less than the total of the sums certified in the previous year together with the amount (if any) by which it appears to the Secretary of State that the general level of prices has increased in the course of the previous year.
        (1D)  In subsections (1A) to (1B) above, "severely disabled persons" means persons who are in receipt of the care component of disability living allowance at the highest rate within subsection (4)(a) of section 72 above."")
Income support for severely disabled persons.
  
Clause 62
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
THE LORD ADDINGTON
 
126     Page 69, line 8, leave out ("5"") and insert ("3"") 
127     Page 69, line 9, leave out ("subsection (3) does not affect") and insert ("no provision of this section affects") 
  
BY THE LORD RIX
 
127A*     Page 69, line 10, at end insert--
 
    ("(5)  In determining entitlement to the mobility component of disability living allowance, no account shall be taken of where or by what agency a person is accommodated.")
 
  
After Clause 62
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
127B     Insert the following new Clause-- 
     ("  .  In section 75(1) of the Contributions and Benefits Act, for 65" substitute "70".")Increase of upper age limit for disability living allowance.
127C     Insert the following new Clause-- 
     ("  .  In section 72(1) of the Contributions and Benefits Act, at the end of paragraph (a) there is added--
      (iii)  he is a deaf person who has difficulty communicating with strangers, or is unable to communicate with other people without prescribed technical aids and equipment, or
      (iv)  he requires a special diet as may be prescribed in regulations, or
      (v)  he suffers from frequent incontinence, or".")
Qualifying conditions for the lower rate care component of disability living allowance.
  
After Clause 65
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
THE LORD ADDINGTON
 
128     Insert the following new Clause-- 
     ("  .  In section 137(2)(a) of the Contributions and Benefits Act, at the end insert "so however that regulations may not treat a person who is in Great Britain and who has the right to live in Great Britain for the time being without immigration leave as not being in Great Britain irrespective of where he is habitually or ordinarily resident."")Income-related benefits: habitual residence test.
  
Clause 66
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
128A     Page 72, leave out line 37 and insert ("the Child Support Act 1991 for a maintenance assessment)")1991 c. 48.
  
Clause 68
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 68 stand part of the Bill. 
  
Clause 69
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 69 stand part of the Bill. 
  
Schedule 9
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
129     Page 128, line 43, leave out paragraph 3 
130     Page 129, leave out line 9 
131     Page 129, leave out lines 10 and 11 
132     Page 129, leave out line 12 
133     Page 129, leave out line 13 
134     Page 129, leave out lines 14 to 21 
135     Page 129, line 22, leave out ("Except as may be prescribed,") 
136     Page 129, leave out lines 25 to 29 
     The above-named Lords give notice of their intention to oppose the Question that Schedule 9 be the ninth Schedule to the Bill. 
  
Schedule 10
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
     The above-named Lords give notice of their intention to oppose the Question that Schedule 10 be the tenth Schedule to the Bill. 
  
Clause 70
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE LORD GOODHART
THE LORD JENKIN OF RODING
 
137     Page 74, line 36, leave out from ("worker")") to ("and") in line 40 and insert ("would have been an employed earner of a business carried on by another person to which he provides services ("the client") had he contracted direct with the client,") 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
THE LORD JENKIN OF RODING
 
138     Page 75, line 9, at end insert--
 
    ("(  )  Regulations shall not be made under this section until the Secretary of State, following full consultation with all interested parties, has laid before Parliament a regulatory impact assessment which, amongst other matters, assesses the implications of the proposed regulations for economic activity within the United Kingdom.")
 
139     Page 75, line 9, at end insert--
 
    ("(  )  Regulations under this section shall not apply to any circumstances where the worker is entitled to delegate the whole performance of the services to another person, or where the third party is entitled to nominate someone other than the worker to perform the whole of the services.")
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE LORD JENKIN OF RODING
 
140     Page 76, leave out lines 13 to 23 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
THE LORD JENKIN OF RODING
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 70 stand part of the Bill. 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
141     Transpose Clause 70 to after Clause 73 
  
Clause 71
 
  
BY THE LORD GOODHART
THE EARL RUSSELL
THE LORD ADDINGTON
 
141A     Page 77, line 16, leave out from ("worker")") to ("and") in line 20 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 71 stand part of the Bill. 
142     Transpose Clause 71 to after Clause 73 
  
Clause 74
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
143     Page 80, line 29, at end insert--
    ("(d)  for ensuring that, in relation to a housing benefit claimant who is disabled, due account is taken of his need for additional space, including an extra bedroom for a carer.")
 
  
After Clause 74
 
  
BY THE LORD MORRIS OF MANCHESTER
 
143A     Insert the following new Clause-- 
     ("  .--(1)  When determining levels of social security benefits and pensions, the Secretary of State shall have regard to the minimum level of income necessary to maintain good health and cover essential needs.
 
    (2)  In considering the minimum level of income in subsection (1) above, the Secretary of State shall take into consideration the need to--
    (a)  combat social exclusion,
    (b)  maintain satisfactory standards of child development, and
    (c)  ensure respect for human dignity.")
Secretary of State to have regard to income necessary for good health.
  
Clause 78
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
143B     Page 83, line 22, at end insert--
 
    ("(  )  A statutory instrument containing an order under section 23(3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.")
 
 
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Prepared 5 July 1999