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

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Clause 53
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
105     Page 59, line 21, at beginning insert ("Subject to subsection (1A)") 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
106     Page 59, line 24, leave out ("making") and insert ("who--
          (i)  makes")
 
107     Page 59, line 25, after ("applies,") insert ("and
          (ii)  is under the age of 60 at the time of making the claim,")
 
  
BY THE LORD ADDINGTON
THE EARL RUSSELL
THE LORD GOODHART
 
108     Page 59, line 26, at end insert ("save where a person has a mental illness diagnosis") 
  
BY THE LORD ADDINGTON
THE LORD GOODHART
THE EARL RUSSELL
 
109     Page 59, line 26, at end insert ("save where a person has been an in-patient of a mental illness hospital within the previous three months") 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
110     Page 59, line 27, leave out ("in a case where") and insert ("at a time when") 
111     Page 59, line 28, after ("is") insert ("under that age and") 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
112     Page 59, line 33, at end insert--
 
    ("(1A)  Regulations under this section may not impose any condition or requirement in respect of a person who--
    (a)  is in receipt of disability living allowance or attendance allowance; or
    (b)  has caring commitments of 35 hours per week or more,
but may make provision for a person who falls within paragraph (a) or (b) to be invited to take part in a work-focused interview on a voluntary basis.")
 
  
BY THE BARONESS TURNER OF CAMDEN
 
113     Page 59, leave out lines 38 to 40 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
114     Page 60, line 7, at end insert--
    ("(  )  for determining the training to be provided to persons by whom interviews are to be conducted, which shall include training in the principles of personnel management and job placement, in types and incidence of mental and physical disability and in recent developments in coping with time;")
 
  
BY THE LORD GOODHART
THE EARL RUSSELL
THE LORD ADDINGTON
 
115*     Page 60, line 7, at end insert--
    ("(  )  for determining the training to be provided to persons by whom interviews are to be conducted, which shall include awareness and understanding of the experiences of people with mental illness, training to be conducted by people with direct personal experience of mental illness;")
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
116     Page 60, line 27, after ("regulations,") insert ("such matters to include the degree of incapacity, invalidity or physical or mental illness of the person, the recent bereavement of such a person or the illness or incapacity of any child, parent, spouse, partner or other person for whom the person claiming benefit has care,") 
117     Page 62, line 8, at end insert (",  conducted at a location appropriate to the person") 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
118     Page 62, leave out lines 24 to 41 and insert-- 
     ("(1)  Chapter II of Part I of the Social Security Act 1998 (social security decisions and appeals) shall have effect in relation to relevant decisions subject to and in accordance with subsections (1B) to (2B) below (and in those subsections "the 1998 Act" means that Act).
 
    (1A)  For the purposes of this section a "relevant decision" is a decision made under regulations under section 2A above that a person--
    (a)  has failed to comply with a requirement to take part in an interview which applied to him by virtue of the regulations, or
    (b)  has not shown, within the prescribed period mentioned in section 2A(3)(e)(ii) above, that he had good cause for such a failure.
    (1B)  Section 8(1)(c) of the 1998 Act (decisions falling to be made under or by virtue of certain enactments are to be made by the Secretary of State) shall have effect subject to any provisions of regulations under section 2A above by virtue of which relevant decisions fall to be made otherwise than by the Secretary of State.
 
    (1C)  For the purposes of each of sections 9 and 10 of the 1998 Act (revision and supersession of decisions of Secretary of State) any relevant decision made otherwise than by the Secretary of State shall be treated as if it were such a decision made by the Secretary of State (and accordingly may be revised by him under section 9 or superseded by a decision made by him under section 10).
 
    (1D)  Subject to any provisions of regulations under either section 9 or 10 of the 1998 Act, any relevant decision made, or (by virtue of subsection (1C) above) treated as made, by the Secretary of State may be--
    (a)  revised under section 9 by a person or authority exercising functions under regulations under section 2A above other than the Secretary of State, or
    (b)  superseded under section 10 by a decision made by such a person or authority,
as if that person or authority were the Secretary of State.
 
    (2)  Regulations shall make provision for conferring (except in any prescribed circumstances) a right of appeal under section 12 of the 1998 Act (appeal to appeal tribunal) against--
    (a)  any relevant decision, and
    (b)  any decision under section 10 of that Act superseding any such decision,
whether made by the Secretary of State or otherwise.
 
    (2A)  Subsections (1C) to (2) above apply whether--
    (a)  the relevant decision, or
    (b)  (in the case of subsection (2)(b)) the decision under section 10 of the 1998 Act,
is as originally made or has been revised (by the Secretary of State or otherwise) under section 9 of that Act; and regulations under subsection (2) above may make provision for treating, for the purposes of section 12 of that Act, any decision made or revised otherwise than by the Secretary of State as if it were a decision made or revised by him.
 
    (2B)  Section 12 of the 1998 Act shall not apply to any decision falling within subsection (2) above except in accordance with regulations under that subsection.")
1998 c. 14.
  
After Clause 54
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
119     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State shall report annually to Parliament on the operation of the work-focused interviews, with specific reference to--
    (a)  the number of those moved from the interviews into work; and
    (b)  the number who, having moved into work, leave work after--
          (i)  6 months, and
          (ii)  12 months.
    (2)  For the purposes of subsection (1), the Secretary of State shall take into consideration the following--
    (a)  the number of interviews which are postponed, deferred or cancelled,
    (b)  any cost implications for businesses, and
    (c)  the levels of fraud detected.
    (3)  For the purposes of subsection (1) the Secretary of State shall consult--
    (a)  all relevant non-governmental organisations,
    (b)  all businesses involved with the operation of the work-focused interviews, and
    (c)  any organisations which the Secretary of State may think appropriate.
    (4)  The period for any consultation under subsection (3) shall be three months.")
Annual report to Parliament on work-focused interviews.
  
Schedule 7
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
120     Page 111, line 12, after second ("couple") insert ("(other than a person to whom regulations under section 1(2C) apply)") 
121     Page 115, line 34, leave out ("adjudication officer") and insert ("Secretary of State") 
122     Page 116, line 6, leave out ("an adjudication officer") and insert ("the Secretary of State") 
123     Page 116, line 13, leave out ("referred to in subsection (2)(a) above") and insert ("to whom subsection (2)(a) above applies") 
124     Page 116, line 29, leave out ("he has failed to complete a course of training") and insert ("the condition in section 17(3)(b) or (c) is established") 
125     Page 118, line 48, leave out ("for") 
126     Page 119, line 9, leave out ("for") 
127     Page 119, line 17, leave out from beginning to ("(interpretation") in line 18 and insert ("In section 39(1) of the Social Security Act 1998") 
128     Page 119, line 23, leave out sub-paragraph (3) 
  
Clause 56
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
129     Page 64, line 36, at end insert--
 
    ("(5A)  For the purposes of, or in connection with, a scheme established for (or for an area which includes) Wales or a part of Wales, the National Assembly for Wales may, if it considers that facilities whose provision any person (including the Secretary of State) is undertaking under arrangements within subsection (5)(a) or (b) are capable of being supportive of the training of persons for employment, make such payments to that person as the Assembly considers appropriate; and any such payments--
    (a)  may be by way of fees, grants, loans or otherwise, and
    (b)  may, unless the Assembly otherwise specifies, be used by the person to whom they are made for the provision of any of the facilities provided under the arrangements.")
 
130     Page 64, line 37, leave out ("subsection (5)") and insert ("subsections (5) and (5A)") 
  
Clause 58
 
  
BY THE LORD ASHLEY OF STOKE
THE LORD RIX
 
131     Page 66, line 10, leave out ("two") and insert ("seven") 
132     Page 66, line 10, at end insert (", or for a total of ten years during the period of his working life,") 
  
BY THE LORD ASHLEY OF STOKE
THE LORD HIGGINS
THE EARL RUSSELL
 
133     Leave out Clause 58 
  
Clause 59
 
  
BY THE LORD ASHLEY OF STOKE
THE LORD RIX
 
134     Page 66, line 37, after ("payment") insert ("exceeding the level of the Disability Income Guarantee") 
135     Page 66, line 41, leave out ("specified amount") and insert ("level of the standard rate of income tax") 
  
BY THE LORD ASHLEY OF STOKE
THE LORD HIGGINS
THE EARL RUSSELL
 
136     Leave out Clause 59 
  
Clause 60
 
  
BY THE LORD ASHLEY OF STOKE
THE LORD RIX
 
137     Page 67, line 38, leave out ("each of") 
138     Page 67, line 39, after ("(2A)") insert ("or (2B)") 
139     Page 68, line 2, leave out ("mentioned in subsection (1)(b) above") and insert ("in this subsection") 
  
BY THE LORD RIX
 
140*     Page 68, line 5, after ("cases") insert ("which shall include those in which he is a student undertaking a course of further or higher education,") 
  
BY THE LORD ASHLEY OF STOKE
THE LORD RIX
 
141     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."")
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
142     Page 68, line 18, at beginning insert ("Regulations may provide that persons who have previously been entitled to short-term incapacity benefit under paragraph (b) of subsection (1) above shall, in prescribed circumstances, be entitled to such benefit under that paragraph notwithstanding that they do not satisfy the condition set out in paragraph (b) of subsection (2A) above.
 
    (7)")
 
143     Page 68, line 20, leave out ("subsection (2A) above") and insert ("paragraph (e) of that subsection") 
  
Clause 61
 
  
BY THE LORD ASHLEY OF STOKE
THE LORD HIGGINS
THE EARL RUSSELL
 
144     Leave out Clause 61 
  
After Clause 63
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
145     Insert the following new Clause-- 
     ("  .  In section 75(1) of the Contributions and Benefits Act (entitlement of disability living allowance), for "65" substitute "70".")Extension of
entitlement to disability living allowance to persons aged up to 70.
  
Clause 64
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
146     Page 69, line 28, leave out ("finding") and insert ("decision") 
147     Page 69, line 30, leave out ("finding") and insert ("decision so given") 
148     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).")
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
149     Page 70, line 15, leave out paragraph (a) 
  
After Clause 66
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
THE LORD ADDINGTON
 
150     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.
  
Schedule 8
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
151     Page 124, line 30, at end insert--
 
    ("(  )  In section 8 (attendance, information and evidence)--
    (a)  in subsection (1)(a) (power of Secretary of State to specify place and time for claimant to attend), for "the Secretary of State" substitute "an employment officer"; and
    (b)  at the end add--
        (3)  In subsection (1) "employment officer" means an officer of the Secretary of State or such other person as may be designated for the purposes of that subsection by an order made by the Secretary of State."{is0p1}")
 
152     Page 124, line 35, at end insert--
 
    ("(  )  In section 36(1) (orders to be made by statutory instrument unless made under specified provision), after "section" insert "8(3),".")
 
153     Page 125, line 21, at end insert-- 
 ("ADMINISTRATION OF BENEFITs 
     .--(1) In each of the provisions of the Administration Act to which this paragraph applies--
    (a)  any reference to a person authorised to exercise any function of a relevant authority relating to housing benefit or council tax benefit shall include a reference to a person providing services to a relevant authority which relate to such a benefit; and
    (b)  any reference to the exercise of any function relating to such a benefit shall include a reference to the provision of any services so relating.
    (2)  This paragraph applies to the following provisions of the Administration Act--
    (a)  section 110A (appointment of inspectors by authorities administering housing benefit or council tax benefit);
    (b)  sections 122C, 122D and 122E (supply of information in connection with administration of housing benefit or council tax benefit);
    (c)  section 126A (power to require information from landlords etc. in connection with claims for housing benefit);
    (d)  section 182B (information about redirection of post); and
    (e)  Schedule 4 (persons covered by offence relating to unauthorised disclosures).
    (3)  In this paragraph "relevant authority" means an authority administering housing benefit or council tax benefit.")
 
154     Page 125, leave out lines 22 to 28 
 
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Prepared 8 October 1999