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Session 1998-99
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Amendments to the Welfare Reform and Pensions Bill

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

Here you can browse the Supplement (e) to the Second Marshalled List of Amendments to the Welfare Reform and Pensions Bill to be moved in Committee in the House of Lords.

  
Clause 52
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
THE LORD ADDINGTON
 
     Page 60, line 36, at end insert--
 
    ("(4A)  Regulations made under paragraph (e) of subsection (3) above shall provide that the appropriate consequences shall not ensue in prescribed circumstances where the person or a member of their family would suffer hardship if it did.")
 
  
After Clause 60
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State shall take such steps as appears to him appropriate for the purpose of securing that persons who may be entitled to attendance allowance or disability living allowance (as the case may be) become aware that they may be entitled to that benefit.
 
    (2)  If it appears to the Secretary of State that, on the basis of information in his possession, a person who has not made a claim for attendance allowance or disability living allowance (as the case may be) may be entitled to that benefit, he shall forthwith inform him of that fact and invite him to make a claim for it.
 
    (3)  Where the Secretary of State is in possession of information which should have alerted him to the fact that a person might be entitled to claim attendance allowance or disability living allowance (as the case may be) but he failed to discharge his duty under subsection (2) above and that person subsequently makes a claim for the benefit concerned which is determined in his favour, he shall be entitled to payment of the benefit from the time when the information came into the possession of the Secretary of State, provided that he would have been entitled from that time but for the requirement of paragraph (a) of subsection (1) of section 1 of the Social Security Administration Act 1992 (claim necessary for entitlement).")
Attendance allowance and disability living allowance: information about entitlement.
  
After Clause 62
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
THE LORD ADDINGTON
 
     Insert the following new Clause-- 
     ("  .  Section 73 of the Social Security Administration Act 1992 shall be amended as follows--
    (a)  at the beginning of subsection (1), the words "Subject to subsection (1A) below" shall be inserted;
    (b)  after subsection (1), there shall be inserted--
        (1A) Paragraph (b) of subsection (1) above shall not apply to the mobility component of disability living allowance."")
Mobility component of disability living allowance not to be taken into account in adjustment of overlapping benefits.
 
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