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

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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."")
 
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 
  
Clause 67
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
155     Page 72, line 37, at end insert--
 
    ("(3A)  Regulations under this section may make different provision for different areas.
 
    (3B)  Regulations under any other enactment may make such different provision for different areas as appears to the Secretary of State expedient in connection with any exercise by regulations under this section of the power conferred by subsection (3A) above.")
 
  
Clause 68
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
156     Page 73, line 35, after ("to") insert (", or designated for the purposes of this section by an order of,") 
  
Schedule 9
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
157     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
 
158     Page 133, line 41, at end insert--
 
    ("(  )  Regulations under this section shall be made by the Treasury."")
 
159     Page 135, line 9, after ("prescribed") insert ("by regulations made by the Secretary of State") 
160     Page 135, line 11, after ("But") insert ("such") 
161     Page 135, line 17, at end insert ("by such regulations"") 
162     Page 135, line 49, after ("prescribed") insert ("by regulations made by the Secretary of State") 
163     Page 136, line 1, after ("But") insert ("such") 
164     Page 136, line 7, at end insert ("by such regulations"") 
  
Clause 71
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
165     Page 74, line 42, leave out from ("worker")") to ("and") in line 3 on page 75 and insert ("would have been an employed earner of a business carried on by another person to which he provides services ("the client") had he contracted direct with the client,") 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
166     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),") 
  
BY THE LORD GOODHART
THE EARL RUSSELL
 
167*     Page 75, line 6, at end insert ("and
    (c)  the client would have been liable to pay secondary class 1 contributions on any relevant payments on benefits if those services had been performed under a contract between the client and the worker,
such")
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
168     Page 75, line 10, leave out from ("his") to end of line 11 
169     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.")
 
170     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"),") 
171     Page 75, line 22, leave out ("client") and insert ("intermediary") 
172     Page 75, line 23, leave out ("client") and insert ("intermediary") 
173     Page 75, line 24, leave out from ("of") to end of line 26 and insert ("the worker's attributable earnings;") 
174     Page 75, line 30, leave out from ("of") to ("period") in line 32 and insert ("the worker's attributable earnings for any specified") 
175     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;")
 
176     Page 75, line 44, leave out ("third party") and insert ("intermediary") 
177     Page 76, line 1, at end insert ("persons, whether--
          (i)")  
 
178     Page 76, line 4, after ("1988)") insert (", or
          (ii)  persons of any other specified description,")
 
179     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.")
 
180     Page 76, leave out lines 18 to 28 
  
BY THE LORD GOODHART
THE EARL RUSSELL
 
181     Page 76, leave out lines 18 to 28 and insert--
 
    ("(5)  Regulations under this section shall provide a right for the worker or the client to apply for a ruling from the Inland Revenue as to whether the relevant payments or benefits are to any extent to be treated as earnings paid to the worker in respect of an employed earner's employment of his.
 
    (5A)  If no ruling is given on an application under subsection (5) within 4 weeks after the Inland Revenue has been supplied with all relevant information which may be required under regulations, relevant payments or benefits shall not be treated as earnings paid to the worker in respect of an employed earner's employment of his between the end of that period and the giving of the ruling by the Inland Revenue.")
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
182     Page 76, line 40, leave out ("third party") and insert ("intermediary") 
183     Page 76, line 45, leave out from beginning to end of line 2 on page 77 
  
BY THE LORD HIGGINS
THE EARL OF KINTORE
 
184     Leave out Clause 71 
 
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Prepared 12 October 1999