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 72
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
36     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 74
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
37     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 87
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
38     Page 95, leave out lines 1 to 3 and insert--
    ("(b)  Chapters I to III of Part II (other than sections 37 and 38 and paragraphs 4 to 6, 8(1), (3) and (4) and 13 of Schedule 5);")
 
39     Page 95, line 6, leave out paragraph (g) 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
40     Page 95, line 12, at end insert--
 
    ("(  )  But no order may be made to appoint a day for sections 63 to 67 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.
 
    (  )  The pilots shall include a health impact assessment of the measures; 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.")
 
  
Schedule 1
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
41     Page 97, line 15, at beginning insert ("Subject to sub-paragraph (3),") 
42     Page 97, line 25, at end insert--
 
    ("(3)  There shall be an upper limit of child support maintenance of £200 per week for each qualifying child.")
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
43     Page 97, line 37, leave out from ("less") to end of line 41 
44     Page 98, line 2, leave out from ("force") to end of line 4 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
45     Page 99, line 32, at end insert--
 
    ("(3)  Any amount of net weekly income (calculated as above) over £2,000 is to be ignored for the purposes of this Schedule.")
 
46     Page 99, line 37, leave out ("or 7(7)") and insert (", 7(7) or 10(3)") 
  
Schedule 2
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
47     Page 101, line 34, leave out from ("means") to ("expenses") in line 35 and insert ("any") 
48     Page 101, line 43, at end insert ("including the cost of travelling to work and expenses necessary in order to keep in work") 
49     Page 101, line 43, at end insert ("which expenses, for the avoidance of doubt shall include all costs, including unreasonably high travel costs, unreasonably high housing costs, travel to work costs, illness or disability costs") 
50     Page 101, line 45, at end insert ("and other relatives such as elderly parents") 
51     Page 102, line 9, leave out ("boarding") 
52     Page 102, line 12, leave out ("he no longer has an interest in it, and") 
53     Page 102, line 15, at end insert ("but in such cases where the non-resident parent keeps an interest in the matrimonial home of less than 50 per cent., the non-resident parent shall retain this benefit in recognition of payments made on the mortgage") 
54     Page 102, line 15, at end insert--
    ("(f)  other essential living costs such as rent or housing costs and liabilities incurred in good faith prior to the relationship breakdown which may not have been for joint benefit but were taken on in the expectation that they would be affordable because the parties would stay together")
 
55     Page 102, line 15, at end insert--
    ("(f)  where any child being handicapped or has other special needs;
    (g)  where the parent with care or non-resident parent is paying to support an elderly or invalid relative;
    (h)  where a parent is making substantial payments towards joint debts incurred during the currency of the relationship;
    (i)  where the non-resident parent has been made bankrupt or is making payments under an Individual Voluntary Arrangement;
    (j)  where the non-resident parent of the parent with care has significant assets or significant earnings;
    (k)  where the non-resident parent has significant earning capacity beyond his current earnings;
    (l)  where there are significant costs of child care;
    (m)  any other circumstances")
 
56     Page 102, line 15, at end insert--
    ("(f)  high housing costs;
    (g)  high costs of travel to work")
 
57     Page 102, line 24, leave out (""boarding") 
58     Page 102, line 24, after ("fees"") insert (",which meaning, for the avoidance of doubt, shall encompass all fees and costs involved in securing the education of that child, whether in an independent school or otherwise") 
59     Page 103, line 2, at beginning insert--
 
    ("(  )  A variation may be granted in any case where the Secretary of State is satisfied that the amount of weekly income calculated pursuant to Regulations made in accordance with paragraph 10(1) of Schedule 1 does not genuinely reflect the financial resources and other benefits available to the non-resident parent.")
 
  
Schedule 3
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
60     Page 106, line 46, at end insert--
    ("(  )  in subsection (3), at the beginning insert "Except as provided in subsection (3A),";")
 
61     Page 106, line 47, leave out from beginning to end of line 2 on page 107 and insert--
    ("(  )  for subsection (3A) there shall be substituted--
        (3A)  Unless a maintenance calculation has been made with respect to the child concerned, subsection (3) does not prevent a court from varying a maintenance order in relation to that child and the non-resident parent concerned--
      (a)  if the maintenance order was made on or after the date prescribed for the purposes of section 4(10)(a) or 7(10)(a); or
      (b)  where the order was made before then, in any case in which section 4(10) or 7(10) prevents the making of an application for a maintenance calculation with respect to or by that child."; and")
 
62     Page 107, leave out lines 3 to 5 and insert--
    ("(  )  in subsection (6), for paragraph (b) there shall be substituted--
      (b)  the non-resident parent's net weekly income exceeds the figure referred to in paragraph 10(3) of Schedule 1 (as it has effect from time to time pursuant to regulations made under paragraph 10A(1)(b)); and".")
 
  
Schedule 5
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
63     Page 118, line 29, leave out (""other benefits" there shall be inserted") and insert (""payment of" there shall be inserted "all of his pension or other benefits"") 
  
Schedule 9
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
64     Page 148, line 25, column 3, leave out ("Section 8(6).") 
65     Page 149, line 15, column 3, leave out ("18(5)") and insert ("18(3) and (5)") 
 
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