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

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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.")
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
143ZA*     Page 80, line 39, leave out subsection (5) and insert--
 
    ("(  )  A person aggrieved by a determination of any prescribed description made under regulations under this section may appeal to such court or tribunal as may be prescribed; and the regulations may make provision as to the procedure to be followed in connection with appeals under this subsection.")
 
  
After Clause 74
 
  
BY THE LORD MORRIS OF MANCHESTER
THE EARL RUSSELL
 
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.
  
BY THE EARL RUSSELL
THE LORD GOODHART
THE LORD ADDINGTON
 
143AA     Insert the following new Clause-- 
     ("  .  In section 63 of the Social Security Administration Act 1992 (adjudication of housing benefit) in subsection (3) leave out "reviews" and insert "appeals to social security appeal tribunals"".)Housing benefit: appeals to social security appeal tribunals.
143AB     Insert the following new Clause-- 
     ("  .--(1)  A non-dependant deduction from housing benefit paid to a person shall not exceed half the rent liable to be paid by that person.
 
    (2)  A non-dependant deduction shall not be applied if applying that deduction would leave the non-dependant with an income below the level of income support to which he would be eligible.")
Housing benefit: limits to non-dependant deduction.
143AC     Insert the following new Clause-- 
     ("  .  In section 5 of the Social Security Administration Act 1992 (regulations about claims for and payment of benefit) at end of subsection (1)(h) insert "and for requiring a request for information or evidence by the determining authority to be made in such a manner and within such a period as may be prescribed, not being more than seven days from the date on which the claim is received at the appropriate DSS office or the designated officement whichever is the earlier."")Claims for and payment of benefit: information requested by determining authority.
  
Schedule 11
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
132AD*     Page 138, line 32, at end insert--
 
    ("10A. In section 172 (Assembly, etc. control of regulations and orders), in subsection (2)(c) for ", 153(2) or" there is substituted "or 153(2)".")
 
132AE*     Page 139, line 6, at end insert--
 
    ("15A.--(1) In section 116 (supply of information held by tax authorities for fraud prevention and verification), for subsection (1) there is substituted--
        (1)  This section applies--
      (a)  to information which is held--
            (i)  by the Inland Revenue, or
            (ii)  by a person providing services to the Inland Revenue, in connection with the provision of those services,
 
 
    but is not information to which section 115D above applies, and
 
 
      (b)  to information which is held--
            (i)  by the Commissioners of Customs and Excise, or
            (ii)  by a person providing services to the Commissioners of Customs and Excise, in connection with the provision of those services."
 
     (2)  This amendment shall be deemed to have come into force on 1st April 1999 in place of that made by paragraph 2(2) of Schedule 5 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999.
 
    15B.--(1) In section 145 (adjustments between the Northern Ireland National Insurance Fund and the Consolidated Fund of Northern Ireland)--
    (a)  in subsection (1)(a), sub-paragraphs (i) and (ii) are omitted; and
    (b)  in subsection (3)(a), for "subsection (1)(a) and (b)" there is substituted "subsection (1)(b)".
S.I. 1999/671.
     (2)  These amendments shall be deemed to have come into force on 5th October 1999 in place of those made by paragraph 34 of Schedule 2 to the Tax Credits Act 1999.
 
    15C.--(1) In section 165 (regulations and orders - general), in subsection (9)(c), for "142(7), 145(4)" there is substituted "145(4)(a)".
1999 c. 10.
     (2)  This amendment shall be deemed to have come into force on 1st April 1999 in place of that made by paragraph 49(3) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999.")S.I. 1999/671.
132AF*     Page 139, line 26, at end insert--
 
    ("20A.--(1) In section 154 (disclosure of information between government departments, etc.), in subsection (5) after "Subsections (1) and (1A)" there is inserted "extend".
 
    (2)  This amendment shall be deemed to have come into force on 1st April 1999.")
 
132AG*     Page 139, line 38, at end insert--
 
    ("21A.--(1) In section 177 (orders and regulations - general provisions), for subsection (7) there is substituted--
        (7)  Any power conferred on the Secretary of State to make regulations or orders (other than an order under section 162) is exercisable by statutory instrument, and subsections (2) to (4) and section 178(1) apply to regulations or orders made in exercise of any such power of the Secretary of State as they apply to regulations made by the Department."
 
     (2)  This amendment shall be deemed to have come into force on 1st April 1999 in place of those made by paragraph 75(3) of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999.")S.I. 1999/671.
132AH*     Page 140, line 17, leave out ("paragraph 66(3) (which has not come into force) is omitted") and insert ("the following provisions are omitted, namely-- 
 
    (a)  paragraph 4(6) (which was superseded by paragraph 4 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999), and
    (b)  paragraph 66(3) (which has not come into force).")
S.I. 1999/671.
  
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.")
 
  
Schedule 12
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
144     Page 142, leave out lines 14 to 16 
145     Page 142, line 27, leave out from beginning to ("and") in line 30 and insert--
    ("(a)  make any one or more of the orders which it could make under Part II of the 1973 Act if a decree of divorce, a decree of nullity of marriage or a decree of judicial separation in respect of the marriage had been granted in England and Wales, that is to say--
          (i)  any order mentioned in section 23(1) of the 1973 Act (financial provision orders);
          (ii)  any order mentioned in section 24(1) of that Act (property adjustment orders);")
 
146     Page 142, line 37, leave out ("24C(5) and (6)") and insert ("24B(3) to (5)") 
147     Page 142, line 38, at end insert ("and nullity);") 
148     Page 142, leave out lines 39 and 40 
149     Page 142, line 41, leave out ("section 24F") and insert ("section 24C") 
150     Page 142, line 42, leave out ("section 24G") and insert ("section 24D") 
151     Page 142, line 42, at end insert (", and
    (c)  at the end there is inserted--
      (l)  section 40A (appeals relating to pension sharing orders which have taken effect)."")
 
152     Page 151, line 19, at end insert-- 
 ("Family Law Act 1996 (c. 27) 
     62A. The Family Law Act 1996 has effect subject to the following amendments.
 
    62B.--(1) Schedule 2 is amended as follows.
 
    (2)  In paragraph 2, for "section 21" there is substituted "sections 21 and 21A".
 
    (3)  In the section set out in that paragraph, for the sidenote there is substituted "Financial provision orders, property adjustment orders and pension sharing orders."
 
    (4)  In that section, in paragraphs (c) and (d) of subsection (2), there is inserted at the end ", other than one in the form of a pension arrangement (within the meaning of section 25D below)".
 
    (5)  In that section, after subsection (2) there is inserted--
        (3)  For the purposes of this Act, a pension sharing order is an order which--
      (a)  provides that one party's--
            (i)  shareable rights under a specified pension arrangement, or
            (ii)  shareable state scheme rights,
 
 {jf48}be subject to pension sharing for the benefit of the other party, and{PA  
 
      (b)  specifies the percentage value to be transferred."
    (6)  In that section, subsections (3), (4) and (5) become (4), (5) and (6).
 
    (7)  In that section, after subsection (6) (new numbering) there is inserted--
        (7)  In subsection (3)--
      (a)  the reference to shareable rights under a pension arrangement is to rights in relation to which pension sharing is available under Chapter I of Part IV of the Welfare Reform and Pensions Act 1999, or under corresponding Northern Ireland legislation, and
      (b)  the reference to shareable state scheme rights is to rights in relation to which pension sharing is available under Chapter II of Part IV of the Welfare Reform and Pensions Act 1999, or under corresponding Northern Ireland legislation."
    (8)  In that section, subsection (6) becomes subsection (8).
 
    (9)  After paragraph 6 there is inserted--
 
 Pension sharing orders: divorce and nullity 
 
        6A. For section 24B substitute--
 
 <~et>Pension sharing orders: divorce     24B.--(1) On an application made under this section, the court may at the appropriate time make one or more pension sharing orders.
        (2)  The "appropriate time" is any time--
 
  
      (a)  after a statement of marital breakdown has been received by the court and before any application for a divorce order or for a separation order is made to the court by reference to that statement;
      (b)  when an application for a divorce order has been made under section 3 of the 1996 Act and has not been withdrawn;
      (c)  when an application for a divorce order has been made under section 4 of the 1996 Act and has not been withdrawn;
      (d)  after a divorce order has been made.
        (3)  The court shall exercise its powers under this section, so far as is practicable, by making on one occasion all such provision as can be made by way of one or more pension sharing orders in relation to the marriage as it thinks fit.
        (4)  This section is to be read subject to any restrictions imposed by this Act and to section 19 of the 1996 Act.
 
 Restrictions affecting section 24B.     24BA.--(1) No pension sharing order may be made under section 24B above so as to take effect before the making of a divorce order in relation to the marriage.
        (2)  The court may not make a pension sharing order under section 24B above at any time while the period for reflection and consideration is interrupted under section 7(8) of the 1996 Act.
        (3)  No pension sharing order may be made under section 24B above by virtue of a statement of marital breakdown if, by virtue of section 5(3) or 7(9) of the 1996 Act (lapse of divorce process), it has ceased to be possible--
      (a)  for an application to be made by reference to that statement; or
      (b)  for an order to be made on such an application.
        (4)  No pension sharing order may be made under section 24B above after a divorce order has been made, except--
      (a)  in response to an application made before the divorce order was made; or
      (b)  on a subsequent application made with the leave of the court.
        (5)  A pension sharing order under section 24B above may not be made in relation to a pension arrangement which--
      (a)  is the subject of a pension sharing order in relation to the marriage, or
      (b)  has been the subject of pension sharing between the parties to the marriage.
        (6)  A pension sharing order under section 24B above may not be made in relation to shareable state scheme rights if--
      (a)  such rights are the subject of a pension sharing order in relation to the marriage, or
      (b)  such rights have been the subject of pension sharing between the parties to the marriage.
        (7)  A pension sharing order under section 24B above may not be made in relation to the rights of a person under a pension arrangement if there is in force a requirement imposed by virtue of section 25B or 25C below which relates to benefits or future benefits to which he is entitled under the pension arrangement.
        (8)  In this section, "period for reflection and consideration" means the period fixed by section 7 of the 1996 Act.
 
 Pension sharing orders: nullity of marriage.     24BB.--(1) On or after granting a decree of nullity of marriage (whether before or after the decree is made absolute), the court may, on an application made under this section, make one or more pension sharing orders in relation to the marriage.
        (2)  The court shall exercise its powers under this section, so far as is practicable, by making on one occasion all such provision as can be made by way of one or more pension sharing orders in relation to the marriage as it thinks fit.
        (3)  Where a pension sharing order is made under this section on or after the granting of a decree of nullity of marriage, the order is not to take effect unless the decree has been made absolute.
        (4)  This section is to be read subject to any restrictions imposed by this Act.
 
 
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