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

back to previous amendments
 
  
Clause 17
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
91     Page 17, leave out lines 9 to 18 
  
After Clause 17
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
92     Insert the following new Clause-- 
 ("Other orders 
     . After section 39A of the 1991 Act there shall be inserted--Other orders.
 <~et>Enforcement powers of magistrates' court.     39AA.--(1)  In either of the circumstances mentioned in section 39A(1) the magistrates' court may of its own motion order such of the measures mentioned in subsection (2) as it thinks fit.
 
    (2)  The measures mentioned in subsection (1) are--
 
  
    (a)  an order that any welfare benefits that the liable person is in receipt of at the time of the application to be reduced by such amount as the court thinks fit;
 
  
    (b)  a warrant of execution in respect of any goods owned by the liable person;
 
  
    (c)  a home detention curfew of like effect to an order as could be made under the Crime and Disorder Act 1998; or
 
  
    (d)  a community service order.
    (3)  When making an application under section 39A the Secretary of State shall provide to the magistrates' court a statement setting out which welfare benefits the liable person is in receipt of and the amounts thereof."")
 
  
Clause 18
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
93     Page 18, line 45, leave out ("his absolute") and insert ("the reasonable exercise of his") 
  
Clause 19
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
94*     Page 20, leave out lines 12 to 15 
95*     Page 20, leave out lines 26 and 27 
96*     Page 20, leave out lines 28 and 29 
97*     Page 20, line 29, at end insert ("which date shall be suspended for two years from the introduction of the child maintenance premium") 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
98     Page 20, line 29, at end insert--
 
    ("(  )  Such a date will be suspended for two years from the introduction of the child maintenance premium which enables families receiving benefits to keep some of the maintenance paid for their children.")
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
99*     Page 20, leave out lines 30 to 32 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
100     Page 20, line 32, at end insert--
 
    ("(9A)  Where the parent with care has complied with obligations imposed by section 6 of the 1991 Act, the Secretary of State shall be legally responsible for the confidentiality of information relating to the parent with care.")
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
101*     Page 20, leave out lines 37 to 41 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
102     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 
  
After Clause 21
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
103*     Insert the following new Clause-- 
      ("After section 43 of the 1991 Act there shall be inserted--Collection and enforcement: priorities.
 Collection and enforcement: priorities.     43A.  In exercising his powers under sections 29 to 43 of this Act the Secretary of State shall ensure that such powers are exercised with a view to securing the collection and enforcement of child support maintenance from those non-resident parents who have failed to pay any amount of child support maintenance and that this duty is accorded priority over the collection and enforcement of child support maintenance from those non-resident parents who have made some payments of child support maintenance.".") 
  
Schedule 3
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
104     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".")
 
105     Page 100, line 19, at end insert--
        ("(  ) In section 33 (liability orders), after subsection (5) there shall be inserted--
        (6)  Where regulations have been made under section 29(3)(a)--
      (a)  the liable person fails to make a payment (for the purposes of subsection (1)(a) of this section); and
      (b)  a payment is not paid (for the purposes of subsection (3)),
    unless the payment is made to, or through, the person specified in or by virtue of those regulations for the case of the liable person in question."")
 
106     Page 100, line 36, at end insert (", and after "28A" there shall be inserted "or 28G"") 
107     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".")
 
108     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.";")
 
  
Before Clause 30
 
  
BY THE LORD GOODHART
THE EARL RUSSELL
 
109     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.
 <~et>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.".")
 
  
Clause 30
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
110     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.")
 
  
BY THE BARONESS TURNER OF CAMDEN
 
111*     Page 27, leave out lines 9 and 10 
  
BY THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN
 
112*     Page 27, line 23, leave out from ("year") to end of line 27 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
THE BARONESS TURNER OF CAMDEN
 
113     Page 27, line 25, leave out ("six") and insert ("eleven") 
  
BY THE LORD GOODHART
THE EARL RUSSELL
 
114     Page 27, line 25, leave out ("six") and insert ("twelve") 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
115     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;") 
  
BY THE BARONESS BYFORD
 
116     Page 27, line 27, at end insert--
      ("(  )  the pensioner has been issued with either a Department of Social Security Smart Card or a Department of Social Security payment book for the purposes of drawing down the pension entitlement.")
 
  
BY THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN
 
117*     Page 27, line 29, leave out ("long-term") 
118*     Page 27, line 30, at end insert (", or for not less than half the year") 
  
BY THE LORD GOODHART
THE EARL RUSSELL
 
119     Page 27, line 39, at end insert--
      ("(e)  the pensioner--
            (i)  did not have an earnings factor for the year equal to one greater than the qualifying earnings factor for the year; but
            (ii)  would have had such an earnings factor if he had earnings equal to the lower earnings limit in each week in which paragraph (b), (c) or (d) would have applied to him if the words "throughout the year" had been omitted.")
 
  
BY THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN
 
120*     Page 27, line 40, leave out from beginning to end of line 10 on page 28 
121*     Page 27, line 46, after ("factor") insert ("or in prescribed circumstances, Class 2 contributions") 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
122     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 GOODHART
THE EARL RUSSELL
 
123     Page 102, line 9, at beginning insert ("Subject to paragraph 1A,") 
124     Page 102, line 45, at end insert--
        ("1A.--(1)  In relation to any tax year falling within section 45(3A), a person who has accrued a right to additional pension before the first appointed year may elect that paragraph 1(1)(a) shall apply to him as if the amount referred to were double the actual amount.
        (2)  An election under sub-paragraph (1) may be made only if the person releases a right to additional pension which has accrued to him in respect of any year before the first appointed year.
        (3)  Regulations shall provide for the manner in which any person to whom this paragraph applies shall be notified of his rights under it, and how those rights may be exercised to produce maximum entitlement to additional pension.")
 
  
BY THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN
 
125*     Page 103, line 19, leave out from ("LET") to ("20") in line 21 
126*     Page 103, line 27, leave out from ("LET") to ("20") in line 29 
127*     Page 103, line 30, leave out sub-paragraph (5) 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
128     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 35
 
  
BY THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN
 
129*     Page 32, line 12, after second ("year") insert (", no earlier than 2006-07,") 
130*     Page 32, line 14, leave out ("(3)") and insert ("(1)") 
131*     Page 32, leave out lines 16 to 18 and insert--
        (""(1A)  A statutory instrument containing an order under section 122(1) appointing a first and second appointed year shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament."")
 
  
After Clause 37
 
  
BY THE BARONESS TURNER OF CAMDEN
 
132     Insert the following new Clause-- 
     ("  .  The Secretary of State shall each year increase the basic retirement pension by not less than an amount equivalent to--
    (a)  the percentage increase in the general level of earnings during the preceding year; or
    (b)  the percentage increase in the retail prices index during the preceding year,
whichever is the greater.")
Increase of basic retirement pension.
  
BY THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN
 
133*     Insert the following new Clause-- 
     ("  .  In section 150(2) of the Social Security Administration Act 1992, in paragraph (a), after "beginning" there shall be inserted the words "and, in the case of the weekly rate of the basic pension specified in section 44(4) of the Contributions and Benefits Act and the category B retirement pension specified in Part I of Schedule 4 to that Act, by not less than the percentage by which the general level of earnings is greater at the end of the period than it was at the beginning".")Annual up-rating of pensions.
 
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