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 10
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
48     Page 9, line 38, leave out ("an appeal tribunal") and insert ("a county court") 
49     Page 10, line 6, at end insert--
    ("(f)  the level of maintenance assessed")
 
50     Page 10, line 8, leave out ("and (b)") and insert (", (b) and (f)") 
51     Page 10, line 40, leave out ("an appeal tribunal") and insert ("a county court") 
52     Page 11, line 1, leave out ("appeal tribunal") and insert ("county court") 
  
After Clause 10
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
53     Insert the following new Clause-- 
     ("  .--(1)  The Legal Aid (Scotland) Act 1986 shall be amended as follows.
 
    (2)  In paragraph 1 of Part I of Schedule 2, at the end there shall be inserted--
    in the Child Support Appeal Tribunal.".")
Child Support Appeal Tribunal: availability of legal aid: Scotland.
  
After Clause 11
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
54     Insert the following new Clause-- 
     ("  .  The Social Security and Child Support Commissioner shall each year report to Parliament its number of appeals which have been completed within 6, 12, 18 months or more of their being lodged.")Report on number of appeals completed.
55     Insert the following new Clause-- 
     ("  .  The Social Security and Child Support Commissioner shall publish each year all their key decisions.")Publication of key decisions.
  
Clause 13
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
56     Page 12, line 5, 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
 
57     Page 12, line 16, after ("inspector") insert ("shall receive full training and") 
  
Clause 83
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
58     Page 93, line 28, leave out ("Lord Chancellor") and insert ("Secretary of State for Social Security") 
  
Clause 16
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
THE LORD HIGGINS
 
59     Leave out Clause 16 
  
Clause 18
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
THE EARL RUSSELL
 
60     Page 18, line 15, leave out ("in his absolute discretion") 
  
Schedule 3
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
61     Page 107, line 27, after ("after") insert (""an") 
  
Clause 30
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
62     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.")
 
63     Page 26, line 41, leave out ("six") and insert ("eleven") 
  
BY THE LORD GOODHART
THE EARL RUSSELL
 
64     Page 26, line 41, leave out ("six") and insert ("twelve") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
65     Page 26, line 42, leave out ("such other condition as may be prescribed") 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 LORD GOODHART
THE EARL RUSSELL
 
66     Page 27, line 9, at end insert--
    ("(e)  the pensioner--
          (i)  did not have an earnings factor for the year equal to or greater than the qualifying earnings factor for the year; but
          (ii)  would have had such an earnings factor if he had 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")
 
67     Page 27, line 9, at end insert--
 
    ("(  )  For the purposes of subsection (2)(b) above, invalid care allowance shall be deemed to continue to be payable for a period commencing on the date on which the person in receipt of care went into hospital or respite care and ending when the hospital or respite care ceased or (if earlier) at the expiration of three months.")
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
68     Page 27, line 14, after ("1") insert ("and Class 2") 
  
Schedule 4
 
  
BY THE LORD GOODHART
THE EARL RUSSELL
 
69     Page 112, line 14, at end insert--
 
    ("  .--(1)  This paragraph applies if a pensioner attains pensionable age after the end of the first appointed year and the pensioner's earnings factor (as revalued under section 148 of the Administration Act) in respect of any relevant year before the first appointed year is an amount equal to or greater than the qualifying earnings factor but less than the lower earnings threshold at the date when he attained pensionable age.
 
    (2)  The additional pension payable to a pensioner in respect of any relevant year before the first appointed year in which his earnings factor (as revalued) was equal to or greater than the qualifying earnings factor but less than the lower earnings threshold at the date when he attained pensionable age shall (subject to sub-paragraph (3) below) be calculated as if his earnings factor (as revalued) for that year had been equal to the lower earnings threshold at that date.
 
    (3)  The number of years to which sub-paragraph (2) above applies shall not exceed the number of complete years between the beginning of the first appointed year and the date on which the pensioner attained pensionable age.
 
    (4)  If the number of years to which sub-paragraph (2) above applies is less than the number of years to which it would have applied but for sub-paragraph (3) above, it shall be treated as applying to those years in which its application is most favourable to the pensioner.")
 
  
After Clause 32
 
  
BY THE LORD GOODHART
THE EARL RUSSELL
 
70     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.
 "Age addition.     79.--(1)  A person who is above the age of 75 and who is entitled to a retirement pension of any category shall be entitled to an increase of the pension to be known as the "age addition". 
      (2)  A person who 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 is passed), and who--
    (a)  is above the age of 75, and
    (b)  fulfils such other conditions as may be prescribed,
shall be entitled to an increase of the pension or allowance, also to be known as the "age addition".
 
    (3)  A person who is above the age of 80 and is in receipt of age addition shall be entitled to an increase in the age addition, to be known as the "further age addition".
 
    (4)  Age addition and further 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."")
 
  
After Clause 37
 
  
BY THE BARONESS TURNER OF CAMDEN
THE BARONESS CASTLE OF BLACKBURN
 
71*     Insert the following new Clause-- 
      ("  .  With effect from 1st April 2001, the weekly rate of the category B retirement pension specified in Part I of Schedule 4 of the Contributions and Benefits Act shall be increased to the level of the Minimum Income Guarantee.")Category B retirement pension: rate and review.
  
BY THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN
 
72     Insert the following new Clause-- 
      ("  .  The weekly rate of the basic retirement pension shall be increased in April each year in line with--
    (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.
  
Clause 38
 
  
BY THE BARONESS GREENGROSS
 
73*     Page 33, line 20, at end insert--
 
    ("(  )  In section 52(4) of that Act of 1999, after paragraph (b) there shall be inserted--
    ("(c)  in establishing if a person received incomplete information, account shall be taken of circumstances when a person has reasonably expected to have been informed about the SERPS reduction.".")
 
  
BY THE LORD RIX
 
74*     Page 33, line 22, after ("provide,") insert ("subject to subsection (4C) below,") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
75     Page 33, line 36, 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."")
 
  
BY THE LORD RIX
 
76*     Page 33, line 36, at end insert--
 
    (4C)  A person shall be deemed to have received incomplete or incorrect information and to have relied on it if--
    (a)  they read one of the relevant Benefits Agency leaflets and took the incorrect or incomplete information contained in it into account when making a decision about their own pension arrangements, or
    (b)  on or before 6 October 2002, they have a serious mental disability and as a result they are incapable of establishing a claim and they are likely to remain incapable throughout the duration of the scheme."")
 
  
Clause 39
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
77     Page 34, line 6, at end insert--
 
    ("(7B)  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 BARONESS FOOKES
THE LORD GOODHART
 
78     Insert the following new Clause-- 
      ("  .  The Secretary of State for Social Security shall consult the relevant Governments about a full or partial uprating of British state retirement pensions for British pensioners living overseas and report on his findings and recommendations within one year of this Act receiving Royal Assent.")Consultation on pension uprating: residence outside Great Britain.
79     Insert the following new Clause-- 
      ("  .--(1)  The Social Security Contributions and Benefits Act 1992 shall be amended as follows.
 
    (2)  In section 119 (persons outside Great Britain), at the beginning there shall be inserted "Subject to section 119A".
 
    (3)  After section 119 there shall be inserted--
Entitlement to pension etc, uprating: residence outside Great Britain.
 Entitlement to pension etc uprating (residence outside Great Britain).     119A.  Notwithstanding the provisions of any other enactment, no person who is entitled to a retirement pension under Part II or III of this Act shall be disqualified by reason of residence outside Great Britain from any benefit under this Act, or any uprating of any such benefit, if he would have been entitled to such benefit or such uprating if he had instead been resident in Great Britain.""). 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
80     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.
81     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.
 
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