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

back to previous amendments
 
  
After Clause 17
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     Insert the following new Clause-- 
 ("Other orders 
     .  After section 39A of the 1991 Act there shall be inserted--Other orders.
 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 30
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     Page 25, line 41, 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 26, line 41, leave out ("six") and insert ("eleven") 
  
Clause 39
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     Page 34, line 6, 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 42
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     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.")Transferability of state pensions.
     Insert the following new Clause-- 
      ("  .  Where rebates or extra monies are payable in respect of additional pensions they shall be applied as follows--
    (a)  rebates shall be paid into contracted-out money purchase schemes; and
    (b)  extra monies shall be applied to contracted-out salary-related schemes.")
Additional pensions: use of rebates and extra monies.
  
Clause 43
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     Page 38, line 34, 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 46
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     Insert the following new Clause-- 
 ("Power to determine qualifying members 
      .  In section 125(4) of the Pensions Act 1995, after paragraph (a), there shall be inserted--
    (aa)  determine who is to be treated as a qualifying member;"")
Power to determine qualifying members of occupational pension schemes.
  
Clause 47
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     Page 45, leave out line 19 and insert--
    ("(e)  a provider of insurance or investment services to the scheme;")
 
  
Clause 49
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     Page 48, line 28, leave out ("Subject to subsection (4),") 
     Page 48, leave out lines 34 to 39 and insert--
 
    ("(4)  Any report made under this subsection shall be available to any member of the scheme on request.")
 
     Page 48, leave out lines 40 and 41 and insert--
 
    ("(5)  Any copies of the report requested under subsection (4) above shall be provided free of charge within seven days of receiving the request.")
 
     Page 48, leave out lines 42 to 45 
     Page 49, leave out lines 10 to 12 
  
After Clause 51
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     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 54
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     Page 57, line 30, at end insert (", and
    (d)  give every party to a complaint and every person against whom allegations are made in the complaint an opportunity to make oral representations to him, limited to a maximum period of one hour for each party or person except in exceptional cases where he deems that additional time is required")
 
     Leave out Clause 54 
  
Clause 57
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     Page 60, line 27, leave out ("on that ground") 
  
Clause 60
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     Page 62, line 14, leave out ("other persons") and insert ("persons with knowledge or experience of service in Her Majesty's naval, military or air forces") 
     Page 62, line 29, leave out ("have regard to the desirability of having") and insert ("appoint") 
     Page 62, line 31, leave out from ("with") to ("and") in line 32 and insert ("similar military experience") 
  
Clause 61
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     Page 64, line 12, leave out ("one") and insert ("three") 
     Page 64, line 15, leave out ("one person from one of the") and insert ("three people from war pensions") 
  
Clause 63
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     Leave out Clause 63 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--
    relevant 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 paragraph (a) and (b) above or a combination order.")
Loss of benefit for failure to comply with community order: Scotland.
  
Clause 75
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     Page 75, line 46, leave out ("(subject to paragraph (b) below) disregarding") and insert ("in accordance with") 
     Page 75, line 48, leave out from ("etc.)") to end of line 7 on page 76 
     Page 76, leave out lines 8 to 17 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.")
 
  
Clause 79
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     Page 85, line 13, leave out ("(subject to paragraph (b) below) disregarding") and insert ("in accordance with") 
     Page 85, line 15, leave out from ("etc.)") to end of line 22 
     Page 85, leave out lines 23 to 32 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.")
 
     Page 86, line 14, 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,") 
     Page 86, line 18, leave out from ("made") to end of line 20 
 
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