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 60
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
173     Page 64, line 40, leave out ("one"") and insert ("three"") 
174     Page 64, line 43, leave out ("one person from one of the") and insert ("three people from war pensions") 
  
After Clause 60
 
  
BY THE BARONESS STRANGE
THE BARONESS FOOKES
THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
175     Insert the following new Clause-- 
 ("CHAPTER IV 
 WAR WIDOWS' PENSIONs 
     .--(1)  The Secretary of State shall review the operation of this section when--
    (a)  a report on the armed forces pension scheme has been laid before Parliament by the Secretary of State for Defence; and
    (b)  the results of any public consultation upon a report as cited in paragraph (a) above have been published;
and a report of any review carried out under this section shall be laid before Parliament.
 
    (2)  Subject to subsection (3), a widow in receipt of a widow's pension under any of the enactments mentioned in subsection (4) ("the DSS pension") and in receipt of a pension paid under the Armed Forces Pension Scheme shall on remarriage or when living together as husband and wife with a member of the opposite sex only retain the Forces Family Pension (attributable).
 
    (3)  Subsection (2) does not apply to a widow in receipt of a basic pension under section 44 of the Social Security Contributions and Benefits Act 1992; and a widow in receipt of such a pension who has remarried or is living together as husband and wife with a member of the opposite sex may not retain the Forces Family Pension (attributable).
 
    (4)  The enactments referred to in subsection (2) are--
    (a)  the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983, and any order re-enacting the provisions of that order,
    (b)  the Personal Injuries (Civilians) Scheme 1983, and any subsequent scheme made under the Personal Injuries (Emergency Provisions) Act 1939,
    (c)  any scheme made under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, or the Polish Resettlement Act 1947 applying the provisions of any such order as is referred to in paragraph (a),
    (d)  the order made under section 1(5) of the Ulster Defence Regiment Act 1969 concerning pensions and other grants in respect of disablement or death due to service in the Ulster Defence Regiment.")
War widows' pensions--entitlement.
  
Clause 61
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
176     Leave out Clause 61 and insert the following new Clause-- 
     ("  .--(1)  If it is proved to the satisfaction of the court before which an offender appears or is brought in pursuance of section 232(1) or section 239(4) of the Criminal Procedure (Scotland) Act 1995 that--
    (a)  he has failed without reasonable excuse to comply with any of the requirements of the relevant community order; and
    (b)  the offender is a person with respect to whom the conditions for any entitlement to a relevant benefit are or become satisfied,
then even though those conditions are satisfied, the court may, after hearing the offender on the matter, order that the relevant benefit or a portion thereof, shall not be payable for a prescribed period.
 
    (2)  The length of any period prescribed under subsection (1) shall not exceed twenty six weeks.
 
    (3)  In this section--
    relevent benefit" means--
      (a)  income support;
      (b)  any jobseeker's allowance;
      (c)  any benefit under the Social Security Contributions and Benefits Act 1992 (other than income support) which is prescribed for the purposes of this section;
      (d)  any prescribed payment under section 2 of the Employment and Training Act 1973 (under which training allowances are payable);
    relevant community order" means--
      (a)  a community service order;
      (b)  a probation order;
      (c)  such other description of order made under the Criminal Procedure (Scotland) Act 1995 as may be prescribed for the purposes of this section; or
      (d)  any order falling in Scotland to be treated as an order specified in (a) and (b) above or a combination order.")
Loss of benefit for failure to comply with community order: Scotland.
  
BY THE LORD WINDLESHAM
THE EARL RUSSELL
THE BARONESS KENNEDY OF THE SHAWS
THE LORD BISHOP OF LINCOLN
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 61 stand part of the Bill. 
  
Clause 62
 
  
BY THE LORD WINDLESHAM
THE EARL RUSSELL
THE BARONESS KENNEDY OF THE SHAWS
THE LORD BISHOP OF LINCOLN
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 62 stand part of the Bill. 
  
Clause 63
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
177     Page 68, line 44, leave out ("sections 61 and 62") and insert ("section 61") 
178     Page 69, line 1, leave out subsections (2) to (9) 
  
BY THE LORD WINDLESHAM
THE EARL RUSSELL
THE BARONESS KENNEDY OF THE SHAWS
THE LORD BISHOP OF LINCOLN
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 63 stand part of the Bill. 
  
Clause 64
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
179     Page 70, line 12, at end insert ("subject to the provisions of section 83(2A) below") 
  
BY THE LORD WINDLESHAM
THE EARL RUSSELL
THE BARONESS KENNEDY OF THE SHAWS
THE LORD BISHOP OF LINCOLN
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 64 stand part of the Bill. 
  
Clause 65
 
  
BY THE LORD WINDLESHAM
THE EARL RUSSELL
THE BARONESS KENNEDY OF THE SHAWS
THE LORD BISHOP OF LINCOLN
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 65 stand part of the Bill. 
  
After Clause 65
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
180     Insert the following new Clause-- 
 ("Payment of benefit 
     .  In section 5(1) of the Social Security Administration Act 1992, at the end of paragraph (i) there is inserted ", but the regulations may not require automated credit transfer to be the only manner of paying a benefit.".")Manner of payment of benefit not restricted to automated credit transfer.
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
181     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.
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
182     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.
183     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
 
184     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.
  
After Clause 70
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
185     Insert the following new Clause-- 
     ("  .  Regulations 3, 4 and 5 of the Housing Benefit (General) Amendment Regulations 1996 (the "amending regulations") are hereby revoked, and in consequence thereof Regulations 10, 11 and 12A of the Housing Benefit (General) Regulations 1987 shall have effect as if the amendments contained in the amending regulations had not been made.")Benefits payable to certain single claimants under the age of 25.
  
After Clause 72
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
186     Insert the following new Clause-- 
 ("PART IIIA 
 Pensions and Benefits: Minimum Level of Income 
       .  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.
  
Clause 73
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
187     Page 74, line 36, at end insert--
 
    ("(  )  Nothing in this section shall apply to any childcare provision by the employer, which shall be exempt from Class 1A contributions.")
 
188     Page 74, line 36, at end insert--
 
    ("(  )  Nothing in this section shall apply to any healthcare provision by the employer, which shall be exempt from Class 1A contributions.")
 
189     Page 75, line 24, leave out ("(subject to paragraph (b) below) disregarding") and insert ("in accordance with") 
190     Page 75, line 26, leave out from ("etc.)") to end of line 33 
191     Page 75, leave out lines 34 to 43 and insert--
 
    ("(8)  Where--
    (a)  an emolument is one in respect of which a Class 1A contribution is payable; and
    (b)  the person made liable by this Act to pay the Class 1A contribution had himself made payment of the amounts of income tax payable in respect of the emolument,
the amount of the emolument for the purposes of this section shall be the value of the emolument as received by the earner before the payment of any income tax by the person made liable by this Act to pay the Class 1A contribution.")
 
192*     Page 76, line 26, leave out ("with 6th April 2000") and insert ("on 6th April of the year after the date of commencement of this Act, or, if this Act comes into force on various dates, the earliest of those dates,") 
193*     Page 76, line 30, leave out from ("made") to end of line 32 
  
Clause 76
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
194     Page 80, line 25, leave out ("(subject to paragraph (b) below) disregarding") and insert ("in accordance with") 
195     Page 80, line 27, leave out from ("etc.)") to end of line 34 
196     Page 80, leave out lines 35 to 44 and insert--
 
    ("(8)  Where--
    (a)  an emolument is one in respect of which a Class 1A contribution is payable; and
    (b)  the person made liable by this Act to pay the Class 1A contribution had himself made payment of the amounts of income tax payable in respect of the emolument,
the amount of the emolument for the purposes of this section shall be the value of the emolument as received by the earner before the payment of any income tax by the person made liable by this Act to pay the Class 1A contribution.")
 
197*     Page 81, line 26, leave out ("with 6th April 2000") and insert ("on 6th April of the year after the date of commencement of this Act, or, if this Act comes into force on various dates, the earliest of those dates,") 
198*     Page 81, line 30, leave out from ("made") to end of line 32 
  
Schedule 9
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
199     Page 140, leave out line 26 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
200     Page 140, line 41, column 3, after ("170(5),") insert ("in the definition of "the relevant enactments",") 
201     Page 148, line 30, at end insert-- 
 ("1998 c. 14.The Social Security Act 1998.In Schedule 7, paragraph 32.") 
  
Clause 83
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
202     Page 87, line 23, at end insert--
 
    ("(2A)  But no order may be made to appoint a day for sections 61 to 64 to come into force nationwide until pilot studies have reported the conviction rate among those so disentitled to benefit, the means of subsistence available to those so disentitled and to their families, and the incidence of homelessness and serious illness among those so disentitled, and compared them with those of a control group not so disentitled; and when such information is available, an order appointing a day for those sections to come into force nationwide shall be subject to annulment in pursuance of a resolution of either House of Parliament.")
 
 
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