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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.

  
Before Clause 1
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
     Insert the following new Clause-- 
     ("  .  In section 55(1) of the Child Support Act 1991--
    (a)  in paragraph (a), for "16" there shall be substituted "17", and
    (b)  for paragraph (b) there shall be substituted--
      (b)  he is receiving full-time education (including education to the conclusion of a first degree course);".")
Meaning of "child".
     Insert the following new Clause-- 
     ("  .  For section 1(2) of the Child Support Act 1991 (duty to maintain) there shall be substituted--
 
    (2)  For the purposes of this Act, a non-resident parent shall be taken to have met his responsibility to maintain any qualifying child of his--
    (a)  by paying a calculation in accordance with the provisions of this Act; or
    (b)  by making payments in accordance with an order set out in subsection (2A) in the circumstances set out in subsection (2B).
    (2A)  The order referred to in subsection (2)(b) is an order for periodical payments to the child made under section 23(1)(d) of the Matrimonial Causes Act 1973 or paragraph 1(2)(a) or (b) of Schedule 1 to the Children Act 1989.
 
    (2B)  The circumstances referred to in subsection (2)(b) are that--
    (a)  the Secretary of State does not have jurisdiction to make a maintenance calculation under the provisions of section 6, and
    (b)  simultaneous with the periodical payments order, the court makes--
          (i)  an order under section 23(1)(a), (b) or (c) or section 24 of the Matrimonial Causes Act 1973; or
          (ii)  an order under paragraph 1(2)(c), (d) or (e) of Schedule 2 to the Children Act 1989 (lump sum payments or transfer of property orders etc);
or the order is a variation or revival of an order originally made when one or more such orders were made; and
    (c)  prior to making any such periodical payments order the court has considered the maintenance calculation that exists or could exist under section 11(1), departing from the quantum of such calculation only where it is in the interests of the child who is the subject of the periodical payments application to do so; and
    (d)  there is no regulation made by the Secretary of State providing for the termination of the operation of these provisions.
    (2C)  Where the court makes an order as set out in subsection (2A) and the conditions of subsection (2B) are met, any calculation under this Act shall be discharged and the Secretary of State shall not exercise any of his powers under this Act."")
The duty to maintain.
  
Schedule 1
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
     Page 89, line 37, leave out from ("less") to end of line 41 
     Page 90, line 3, leave out paragraph (c) 
  
Clause 3
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
     Page 4, line 21, at end insert--
 
    ("(  )  Where the parent has complied with obligations imposed by this section, the Secretary of State shall be legally responsible for the confidentiality of information relating to her.")
 
  
Clause 5
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
     Page 7, line 38, leave out ("and") and insert ("or") 
     Page 7, leave out lines 44 to 46 and insert--
 
    ("(a)  shall treat the welfare of the child as paramount; and")
 
  
Clause 19
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
     Page 20, line 41, at end insert ("provided that no such amount may exceed 10 per cent and no such period may exceed 26 weeks and after the expiry of 26 weeks, the benefit penalty shall not be renewable") 
     The above-named Lords give notice of their intention to oppose the Question that Clause 19 stand part of the Bill 
  
Clause 30
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
     Page 27, line 4, at end insert--
 
    ("and, for the purposes of calculating the pensioner's earnings factor under this subsection, in addition to any earnings, the pensioner will be credited with earnings equal to the lower earnings limit then in force in respect of each week in which invalid care allowance was payable or would have been payable but for the fact that under regulations the amount payable to him was reduced to nil because of his receipt of other benefits,")
 
  
Schedule 4
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
     Page 104, line 2, at end insert--
 
    ("(9) If the application of the above percentages should produce an entitlement to additional pension such that a person entitled to a full basic pension and a full additional pension on reaching pensionable age would be expected to have recourse to income support within 15 years of pensionable age, there shall be inserted instead of "40" in Table 1 and Table 2 the lowest such percentage as would be required to ensure that he did not become entitled to income support within 15 years of reaching pensionable age.")
 
  
After Clause 35
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
     Insert the following new Clause-- 
     ("  .--(1)  In this section--
    a "SERPS year" is any financial year from 1978-79 to the year before the first appointed year; and
    a "State Second Pension year" is any financial year from the first appointed year onwards.
    (2)  This section shall apply to any person reaching pensionable age after the end of the first appointed year.
 
    (3)  In each State Second Pension year in which a person accrues state second pension entitlement, that person may elect to accrue an additional year's entitlement in respect of that year in substitution for their additional pension entitlement in respect of one SERPS year.
 
    (4)  Such substitution may only take place in respect of SERPS years in which that person either paid National Insurance Contributions or was entitled to credits in lieu of National Insurance Contributions.
 
    (5)  The Benefits Agency shall be required to notify any person to whom this section applies of their rights, and shall explain how those rights may be exercised to produce the maximum total entitlement to additional pension.")
State second pensions and additional pension.  
     Insert the following new Clause-- 
("Age addition
 
For section 79 of the Social Security Contributions and Benefits Act 1992 there shall be substituted-- 
Age addition.  79.--(1)  A person who is above the specified age and who is entitled to a retirement pension of any category shall be entitled to an increase of the pension, to be known as "age addition".
 
    (2)  Where a person is in receipt of a pension or allowance payable by the Secretary of State by virtue of any enactment or instrument (whether passed or made before or after this Act) and--
 
  
    (a)  he is above the specified age; and
 
  
    (b)  he fulfils such other conditions as may be prescribed,
 
 he shall be entitled to an increase of that pension or allowance, also known as age addition.  
     (3)  In this section "specified age" means an age specified by the Secretary of State in regulations.
 
    (4)  Age addition shall be payable for the life of the person entitled, at weekly rates to be determined by the Secretary of State in regulations.
 
    (5)  Regulations under this section may--
 
  
    (a)  specify one or more specified ages at which age addition shall be payable;
 
  
    (b)  provide for different rates of age addition to be payable for persons of different specified ages.".")
 
  
After Clause 65
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
     Insert the following new Clause-- 
     ("  .  At the end of section 70 of the Social Security Contributions and Benefits Act 1992 (invalid care allowance), there shall be inserted--
        (11)  The Secretary of State shall make regulations in respect of persons who cease to be in receipt of invalid care allowance as a result of the death of the person in respect of whose care the allowance has been claimed.
        (12)  Regulations under subsection (11) shall set the condition for the award to be satisfied for a period of eight weeks from the date on which that person ceased to be in receipt of invalid care allowance.".")
Temporary entitlement to invalid care allowance on death of person cared for.
     Insert the following new Clause-- 
     ("  .--(1)  In paragraph 2 of Schedule 3 to the Social Security Contributions and Benefits Act 1992 (contribution conditions for short-term incapacity benefit), at the beginning there shall be inserted--
    Subject to paragraph 2A below".
    (2)  After that paragraph there shall be inserted--
        2A.  A person shall be taken to satisfy the contribution conditions for short-term incapacity benefit mentioned in paragraph 2 above if, throughout the last two complete tax years before the relevant benefit year, he has been precluded from employment by responsibilities at home.".")
Incapacity benefit: carers.
  
After Clause 67
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
     Insert the following new Clause-- 
     ("The Secretary of State shall by regulations provide that any child support maintenance received by a parent with care shall be disregarded in calculating her (or her partner's) entitlement to housing benefit and council tax benefit.")Housing and council tax benefit: child support maintenance disregard.
  
Before Clause 79
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
     Insert the following new Clause-- 
     ("  .  When determining the level of social security pensions and benefits the Secretary of State shall have regard to the minimum level of income necessary to maintain good health and cover essential needs.")Level of pensions and benefits.
  
Schedule 9
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
     Page 140, leave out line 26 
  
 
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