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Amendments to the Child Support, Pensions and Social Security Bill

Child Support, Pensions and Social Security Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Child Support, Pensions and Social Security Bill to be moved in Committee in the House of Lords.

  
Clause 1
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 2, line 34, leave out from beginning to ("and") in line 39 
     Page 2, line 40, leave out ("in connection with any other assessment of maintenance") 
  
Schedule 1
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
     Page 89, line 20, leave out sub-paragraph (2) and insert--
 
    ("(2)  Where the non-resident parent also has one or more relevant other children--
    (a)  the total number of children cared for shall be calculated in accordance with paragraph (b);
    (b)  the number referred to in paragraph (a) shall be calculated by adding together the number of qualifying children and the number of relevant other children;
    (c)  there shall be calculated in accordance with paragraph (d) a sum for deemed child care liabilities;
    (d)  the amount referred to in paragraph (c) shall be calculated by application of the rates in sub-paragraph (1) to the total number of children cared for;
    (e)  the basic rate shall be deemed child care liability divided by the number of qualifying children.")
 
     Page 90, line 10, leave out paragraph (a) and insert--
    ("(a)  is a student in full-time education at an educational establishment in the United Kingdom; or")
 
     Page 90, line 10, at end insert--
    ("(  )  is serving a term of imprisonment at a prison in the United Kingdom; or")
 
     Page 91, line 14, at end insert--
 
    ("(3)  Where the shared care ceases, amendments to maintenance will be backdated to the date of cessation of shared care.")
 
  
Clause 5
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
     Page 5, leave out lines 24 to 28 and insert ("shall make the application in writing") 
  
Schedule 2
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
     Page 93, line 43, at end insert ("which expenses, for the avoidance of doubt shall include all costs, including exceptionally high travel costs, exceptionally high housing costs, travel to work costs, illness or disability costs") 
  
Clause 13
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
     Page 12, line 20, at end insert--
 
    ("(4A)  It is a defence for a person charged with an offence under subsection (3) that he has reasonably refused a scientific test to prove that the alleged parent is a parent of the child.")
 
  
Clause 14
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
     Page 12, line 31, after ("inspector") insert ("shall receive full training and") 
  
Clause 15
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 14, line 4, leave out ("that person's") and insert ("the child's") 
  
Clause 16
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 14, line 18, at beginning insert ("in England and Wales") 
     Page 14, line 19, at end insert ("or 38") 
     Page 14, line 21, leave out ("a magistrates'") and insert ("the") 
     Page 14, line 42, leave out from beginning to end of line 8 on page 15 and insert--
    ("(6) In this section "the court" means--
    (a) in England and Wales, a magistrates' court;
    (b) in Scotland, the sheriff.")
 
     Page 16, leave out lines 19 to 26 
     Page 16, leave out lines 42 to 44 
     Page 17, line 4, leave out ("40A(10)") and insert ("40A(8)") 
     Page 17, line 4, at end insert--
 
    ("(  )  In section 164(5) of the Road Traffic Act 1988 (power of constables to require production of driving licence etc.), after "Road Traffic Offenders Act 1988" there shall be inserted ", section 40B of the Child Support Act 1991".
 
    (  ) In section 27(3) of the Road Traffic Offenders Act 1988 (offence of failing to produce a licence), for the word "then," there shall be substituted ", or if the holder of the licence does not produce it and its counterpart as required by section 40B of the Child Support Act 1991, then,".")
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 16 stand part of the Bill. 
  
Clause 17
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 17, leave out lines 9 to 18 
  
Schedule 3
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 99, line 17, at end insert ("; and
    (b)  in subsection (1)(b), after "made" there shall be inserted "or, as the case may be, treated as made".")
 
     Page 100, line 36, at end insert (", and after "28A" there shall be inserted "or 28G"") 
     Page 101, line 2, at end insert--
 
    ("(  )  In section 58 (short title, commencement and extent)--
    (a)  in subsection (9), after "35" there shall be inserted ", 40"; and
    (b)  in subsection (10), after "28" there shall be inserted ", 40A".")
 
     Page 101, line 5, after ("effect;") insert--
    ("(  )  in paragraph 14 (which provides for consolidated applications and assessments), the existing text shall be sub-paragraph (1) of that paragraph, and after that sub-paragraph there shall be inserted--
        (2)  In sub-paragraph (1), the references (however expressed) to applications for maintenance calculations include references to applications treated as made.";")
 
  
Clause 30
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
     Page 26, line 26, at end insert--
        ("(2B)  For the avoidance of doubt, the secondary contributions paid by an employer on the salary of an employee who is of pensionable age shall contribute to that employee's pension entitlement.")
 
     Page 27, line 25, leave out ("six") and insert ("eleven") 
     Page 27, line 26, leave out from ("satisfying") to end of line 27 and insert ("the conditions set out in paragraphs (2)(a) or (3) and (4) of Regulation 2 of the Social Security Pensions (Home Responsibilities) Regulations 1994;") 
     Page 28, line 24, at end insert--
 
    ("(4A)  The secondary contribution paid by an employer on the salary of an employee who is of pensionable age within subsections (2), (3) and (4) above shall contribute to that employee's pension entitlement.")
 
  
Schedule 4
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
     Page 103, line 34, at end insert--
 
    ("(5A)  Sub-paragraph (5) shall not apply to those working for companies with fewer than five employees.")
 
  
Clause 38
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
     Paper 34, line 22, at end insert--
 
    (""(4B)  The regulations shall be based on the presumption that claimants have received incorrect or incomplete information unless the Secretary of State provides proof that the information the claimant received was correct and complete.")
 
     Page 34, line 26, at beginning insert ("subject to subsection (4A)") 
     Page 34, line 28, leave out ("prescribed") 
  
Clause 39
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
     Page 34, line 39, at end insert--
        ("(  )  Information required to be provided pursuant to regulations under sub-paragraph (7A) must be provided by the end of the first year following the year in which the qualifying caring activity took place.")
 
  
After Clause 41
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
     Insert the following new Clause-- 
     ("  .  The Secretary of State shall make regulations to ensure full transferability on a present value basis between all state pension schemes for all members.") 
     Insert the following new Clause--Transferability of state pensions.
     ("  .  The Secretary of State shall provide that those who currently contribute to the State Earnings-Related Pension Scheme may continue to do so by allowing the scheme to continue operating unchanged for those presently within it and who want to stay within it.")Continuation of SERPS.
  
Clause 42
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
     Page 39, line 17, at end insert--
 
    ("(9A)  Regulations shall provide in that all member-nominated trustees are provided with adequate training to enable them to carry out their responsibilities.
 
    (9B)  Regulations under subsection (9A) shall also prescribe the content of such training.
 
    (9C)  Training provided pursuant to regulations under subsection (9A) shall be provided at the expense of the pension fund.")
 
  
After Clause 50
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
     Insert the following new Clause-- 
     ("  .  There shall be no requirement for a holder of a stakeholder, personal, occupational or other defined contributory pension to take the pension in the form of an annuity by a specified age.")Removal of restriction on Pension annuities.
  
Clause 56
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
     Page 61, line 12, leave out ("on that ground") 
  
After Clause 65
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
     Insert the following new Clause-- 
     ("  . In section 5(1) of the Social Security Act 1992, at the end of paragraph (i) there shall be inserted "providing that the regulations ensure that payments may continue to be made by the same method as that employed on the date of commencement of this Act.")Payments of Benefits.
  
Schedule 9
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 140, line 41, column 3, after ("170(5),") insert ("in the definition of "the relevant enactments",") 
     Page 148, line 30, at end insert-- 
 ("1998 c. 14.The Social Security Act 1998.In Schedule 7, paragraph 32.") 
 
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Prepared 20 April 2000