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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 Amendments to the Welfare Reform and Pensions Bill to be moved on Report in the House of Lords.

  
Before Clause 17
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
[The following four amendments are in substitution for the amendments printed on sheet HL Bill 86(e)]
 
     Insert the following new Clause— 
     ( .—(1) The Income Support (General) Regulations 1987 shall be amended as follows.
 
    (2) At the beginning of regulation 45 (capital limit) there is inserted Subject to regulation 45A".
 
    (3) After regulation 45 there is inserted—
        45A. For the purposes of section 22(6) of the Social Security Act 1986 as it applies to income support (no entitlement to benefit if capital exceeds prescribed amount), the prescribed amount for persons of pensionable age is 16,000."")
Income support: capital limit for pensioners.
     Insert the following new Clause— 
     ( .—(1) The Income Support (General) Regulations 1987 shall be amended as follows.
 
    (2) After regulation 53 (calculation of tariff income from capital) there is inserted—
        53A. Where a claimant is of pensionable age and his capital calculated in accordance with this part exceeds 8,000 it shall be treated as equivalent to a weekly income of 1 for each complete 250 in excess of 8,000 but not exceeding 16,000."")
Income support: calculation of tariff income from capital of pensioners.
     Insert the following new Clause— 
     ( .—(1) The Income Support (General) Regulations 1987 shall be amended as follows.
 
    (2) At the beginning of regulation 45 (capital limit) there is inserted Subject to regulation 45A".
 
    (3) After regulation 45 there is inserted—
        45A. For the purposes of section 22(6) of the Social Security Act 1986 as it applies to income support (no entitlement to benefit if capital exceeds prescribed amount), the prescribed amount for persons of pensionable age is 16,000 and this amount shall be uprated each year in line with inflation."")
Income support: capital limit for pensioners
(No. 2).
     Insert the following new Clause— 
     ( .—(1) The Income Support (General) Regulations 1987 shall be amended as follows.
 
    (2) After regulation 53 (Calculation of tariff income from capital) there is inserted—
        53A. Where a claimant is of pensionable age and his capital calculated in accordance with this part exceeds 8,000 it shall be treated as equivalent to a weekly income of 1 for each complete 250 in excess of 8,000 but not exceeding 16,000, and these amounts shall be uprated each year in line with inflation."")
Income support:
calculation of
tariff income
from capital of
pensioners
(No. 2).
  
After Clause 17
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
     Insert the following new Clause— 
     ( .—(1) The Secretary of State shall by regulations establish a scheme to compensate persons who are widowed after 5th April 2000 and who have not been able to make alternative provision to make good the reduction in the additional pension then payable to them as a result of the enactment of section 19 of the Social Security Act 1986, because of the provision of inadequate or misleading information by the Department of Social Security.
 
    (2) If no regulations are made under subsection (1) before 5th April 2000 then the Contributions and Benefits Act shall be amended in accordance with subsections (3) and (4).
 
    (3) The following provisions shall cease to have effect—
    (a) section 39(3);
    (b) section 48C(3);
    (c) section 51(3);
    (d) in Schedule 5, paragraphs 4(3), 5A(3) and 6(4).
    (4) The following words shall be omitted—
    (a) in sections 48A(4)(b) and 48B(2)(b), half of",
    (b) in paragraph 5(2) of Schedule 5, Where the husband dies before 6th April 2000",
    (c) in paragraph 6(3) of that Schedule, but before 6th April 2000".
    (5) Regulations under this section shall be contained in a statutory instrument which shall be laid before, and subject to approval by resolution of, each House of Parliament.")
Compensation scheme for widows and widowers not informed of prospective reduction in SERPS.
  
After Clause 18
 
  
BY THE BARONESS STRANGE
 
     Insert the following new Clause— 
     ( .—(1) A widow in receipt of a widow's pension under any of the enactments mentioned in subsection (2) (the DSS pension"), and in receipt of a pension paid under the Armed Forces Pension scheme shall on remarriage or when living together as husband and wife with a member of the opposite sex, only relinquish the DSS pension if the Forces Family Pension (attributable) is retained.
 
    (2) The enactments referred to in subsection (1) are—
    (a) the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983, and any order re-enacting the provisions of that order,
    (b) the Personal Injuries (Civilians) Scheme 1983, and any subsequent scheme made under the Personal Injuries (Emergency Provisions Act) 1939,
    (c) any scheme made under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or the Polish Resettlement Act 1947 applying the provisions of any such order as is referred to in paragraph (a),
    (d) the order made under section 1(5) of the Ulster Defence Regiment Act 1969 concerning pensions and other grants in respect of disablement or death due to service in the Ulster Defence Regiment.")
War pensions for widows.
  
Clause 60
 
  
BY THE LORD ASHLEY OF STOKE
 
     Page 67, line 38, leave out (each of") 
     Page 67, line 39, after ((2A)") insert (or (2B)") 
     Page 68, line 2, leave out (mentioned in subsection (1)(b) above") and insert (in this subsection") 
     Page 68, line 14, at end insert—
 
    ((2B) The conditions in this subsection are that
    (a) throughout one of the last two complete tax years before the relevant benefit year he has been in receipt of invalid care allowance or, within the meaning of regulations, procluded from employment by responsibilities at home, and in either case suffers from loss of physical or mental faculty such that the extent of the resulting disablement amounts to not less than 80 per cent; or
    (b) for at least 25 weeks of the last two complete years before the beginning, of the relevant benefit year he has been in receipt of Disabled Persons' Tax Credit or Disability Working Allowance; and
    (c) on the relevant day he satisfies the prescribed conditions as to residence in Great Britain, or as to presence there; and
    (d) he is not, on that day, a person who is receiving full-time education."")
 
 
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