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

  
Clause 56
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 64, line 37, leave out ("subsection (5)") and insert ("subsections (5) and (5A)") 
  
Clause 64
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 69, line 28, leave out ("finding") and insert ("decision") 
     Page 69, line 30, leave out ("finding") and insert ("decision so given") 
     Page 70, line 5, leave out from second ("allowance") to end of line 13 and insert--
    ("(d)  incapacity benefit;
    (e)  any benefit (other than incapacity benefit) awarded wholly or partly by reason of a person being (or being treated as being) incapable of work; or
    (f)  any benefit awarded wholly or partly by reason of a person being (or being treated as being) in receipt of any benefit falling within paragraph (c), (d) or (e).")
 
  
Schedule 9
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 128, line 16, at end insert--
 
    ("(  )  Regulations under this section shall be made by the Treasury."")
 
  
Schedule 10
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 133, line 41, at end insert--
 
    ("(  )  Regulations under this section shall be made by the Treasury."")
 
     Page 135, line 9, after ("prescribed") insert ("by regulations made by the Secretary of State") 
     Page 135, line 11, after ("But") insert ("such") 
     Page 135, line 17, at end insert ("by such regulations") 
     Page 135, line 49, after ("prescribed") insert ("by regulations made by the Secretary of State") 
     Page 136, line 1, after ("But") insert ("such") 
     Page 136, line 7, at end insert ("by such regulations") 
  
Clause 71
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 75, line 5, leave out ("a contract between the client and a third party,") and insert ("arrangements involving a third person (and not referable to any contract between the client and the worker),") 
     Page 75, line 10, leave out from ("his") to end of line 11 
     Page 75, leave out lines 12 to 16 and insert--
 
    ("(2)  For the purposes of this section--
    (a)  "the intermediary" means--
          (i)  the third person mentioned in subsection (1)(b) above, or
          (ii)  where the third person does not have such a contractual or other relationship with the worker as may be specified, any other person who has both such a relationship with the worker and such a direct or indirect contractual or other relationship with the third person as may be specified; and
    (b)  a person may be the intermediary despite being--
          (i)  a person with whom the worker holds any office or employment, or
          (ii)  a body corporate, unincorporated body or partnership of which the worker is a member;
and subsection (1) above applies whether or not the client is a person with whom the worker holds any office or employment.")
 
     Page 75, line 21, leave out ("relevant payments or benefits,") and insert ("the specified amount of relevant payments or benefits (the worker's "attributable earnings"),") 
     Page 75, line 22, leave out ("client") and insert ("intermediary") 
     Page 75, line 23, leave out ("client") and insert ("intermediary") 
     Page 75, line 24, leave out from ("of") to end of line 26 and insert ("the worker's attributable earnings";) 
     Page 75, line 30, leave out from ("of") to ("period") in line 32 and insert ("the worker's attributable earnings for any specified") 
     Page 75, line 33, at end insert--
    ("(  )  for aggregating any such amount, for purposes relating to contributions, with other earnings of the worker during any such period;
    (  )  for determining the date by which contributions payable in respect of the worker's attributable earnings are to be paid and accounted for;")
 
     Page 75, line 44, leave out ("third party") and insert ("intermediary") 
     Page 76, line 1, at end insert ("persons, whether--
          (i)")  
 
     Page 76, line 4, after ("1988)") insert (", or
          (ii)  persons of any other specified description,")
 
     Page 76, line 12, at end insert--
 
    ("(  )  Regulations made in pursuance of subsection (3)(c) above may, in particular, make provision--
    (a)  for the making of a deduction of a specified amount in respect of general expenses of the intermediary as well as deductions in respect of particular expenses incurred by him;
    (b)  for securing reductions in the amount of the worker's attributable earnings on account of--
          (i)  any secondary Class 1 contributions already paid by the intermediary in respect of actual earnings of the worker, and
          (ii)  any such contributions that will be payable by him in respect of the worker's attributable earnings.")
 
     Page 76, leave out lines 18 to 28 
     Page 76, line 40, leave out ("third party") and insert ("intermediary") 
     Page 76, line 45, leave out from beginning to end of line 2 on page 77 
  
Clause 72
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 77, line 28, leave out ("a contract between the client and a third party,") and insert ("arrangements involving a third person (and not referable to any contract between the client and the worker),") 
     Page 77, line 33, leave out from ("his") to end of line 34 
     Page 77, leave out lines 35 to 39 and insert--
 
    ("(2)  For the purposes of this section--
    (a)  "the intermediary" means--
          (i)  the third person mentioned in subsection (1)(b) above, or
          (ii)  where the third person does not have such a contractual or other relationship with the worker as may be specified, any other person who has both such a relationship with the worker and such a direct or indirect contractual or other relationship with the third person as may be specified; and
    (b)  a person may be the intermediary despite being--
          (i)  a person with whom the worker holds any office or employment, or
          (ii)  a body corporate, unincorporated body or partnership of which the worker is a member;
and subsection (1) above applies whether or not the client is a person with whom the worker holds any office or employment.")
 
     Page 77, line 44, leave out ("relevant payments or benefits,") and insert ("the specified amount of relevant payments or benefits (the worker's "attributable earnings"),") 
     Page 77, line 45, leave out ("client") and insert ("intermediary") 
     Page 77, line 46, leave out ("client") and insert ("intermediary") 
     Page 77, line 47, leave out from ("of") to end of line 2 on page 78 and insert ("the worker's attributable earnings";) 
     Page 78, line 6, leave out from ("of") to ("period") in line 8 and insert ("the worker's attributable earnings for any specified") 
     Page 78, line 9, at end insert--
    ("(  )  for aggregating any such amount, for purposes relating to contributions, with other earnings of the worker during any such period;
    (  )  for determining the date by which contributions payable in respect of the worker's attributable earnings are to be paid and accounted for;")
 
     Page 78, line 20, leave out ("third party") and insert ("intermediary") 
     Page 78, line 27, at end insert ("persons, whether--
          (i)")  
 
     Page 78, line 30, after ("1988)") insert (", or
          (ii)  persons of any other specified description,")
 
     Page 78, line 38, at end insert--
 
    ("(  )  Regulations made in pursuance of subsection (3)(c) above may, in particular, make provision--
    (a)  for the making of a deduction of a specified amount in respect of general expenses of the intermediary as well as deductions in respect of particular expenses incurred by him;
    (b)  for securing reductions in the amount of the worker's attributable earnings on account of--
          (i)  any secondary Class 1 contributions already paid by the intermediary in respect of actual earnings of the worker, and
          (ii)  any such contributions that will be payable by him in respect of the worker's attributable earnings.")
 
     Page 78, line 44, leave out from beginning to end of line 6 on page 79 
     Page 79, line 18, leave out ("third party") and insert ("intermediary") 
     Page 79, leave out lines 23 to 27 
  
Clause 76
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 82, line 7, after ("State") insert ("or the Department of Health and Social Services for Northern Ireland") 
     Page 82, line 12, after ("State;") insert--
    ("(  )  the Department of Health and Social Services for Northern Ireland;")
 
     Page 82, line 13, leave out ("his") and insert ("either of them") 
  
Clause 84
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 86, line 21, at end insert--
 
    ("(  )  The following provisions shall not come into force until such day as the Treasury may by order appoint--
    (a)  sections 69 to 74;
    (b)  section 80(1) so far as relating to paragraphs 72, 74 to 76 and 78 to 80 of Schedule 12; and
    (c)  section 83 so far as relating to Parts VI and VII of Schedule 13.")
 
  
 
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Prepared 5 October 1999