Welfare Reform Bill
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 13th May 2009, as follows—
Clauses 1 to 3
Schedule 1
Clauses 4 to 7
Schedule 2
Clauses 8 and 9
Schedule 3
Clauses 10 to 21
Schedule 4 | Clauses 22 to 42
Schedule 5
Clauses 43 to 46
Schedule 6
Clauses 47 and 48
Schedule 7
Clauses 49 to 52 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | BARONESS TURNER OF CAMDEN |
| 11 | Page 2, line 24, at end insert— |
| "( ) | Regulations may prescribe that the skills and abilities of participants can be utilised in the schemes to which they may be referred." |
| | BARONESS THOMAS OF WINCHESTER |
| 12 | Page 2, line 24, at end insert— |
| "( ) | Without prejudice to any regulations made under subsection (5)(e) or (f) above, a person is to be regarded as having good cause for any act or omission for those purposes if, and to the extent that, the act or omission is attributable to any of the following circumstances— |
| (a) | the claimant in question was suffering from some disease or bodily or mental disablement on account of which— |
| (i) | he was not able to participate in the scheme or work related activity in question; |
| (ii) | his attendance would have put at risk his health; or |
| (iii) | his attendance would have put at risk the health of other persons; |
| (b) | the claimant's failure to participate in the scheme or activity resulted from a religious or conscientious objection sincerely held; |
| (c) | the time it took, or would normally have taken, for the claimant to travel from his home to the scheme or activity and back to his home by a route and means appropriate to his circumstances and to the scheme or activity exceeded, or would have exceeded, one hour in either direction or, where no appropriate scheme or activity is available within one hour of his home, such greater time as is necessary in the particular circumstances of the nearest appropriate scheme or activity; |
| (d) | the claimant had caring responsibilties and— |
| (i) | no close relative of the person he cared for and no other member of that person's household was available to care for him; and |
| (ii) | in the circumstances of the case it was not practical for the claimant to make other arrangements for the care of that person; |
| (e) | the claimant was attending court as a party to any proceedings, or as a witness or as a juror; |
| (f) | the claimant was arranging or attending the funeral of a close relative or close friend; |
| (g) | the claimant was engaged in— |
| (i) | the manning or launching of a lifeboat; or |
| (ii) | the performance of duty as a part-time member of a fire brigade; |
| (h) | the claimant was required to deal with some domestic emergency; or |
| (i) | the claimant was engaged during an emergency in duties for the benefit of others." |
| 13 | Page 2, line 28, leave out "26" and insert "13" |
| 14 | Page 2, leave out lines 34 to 40 |
| | BARONESS THOMAS OF WINCHESTER |
| 15 | Page 2, line 40, at end insert— |
| "( ) | Regulations under this section must make provision to ensure providers of the schemes— |
| (a) | submit to the Secretary of State data showing the number of participants with a disability at every stage of the scheme by impairment category; |
| (b) | are required to show how they will meet the needs of participants with particular disabilities." |
| 16 | Page 2, leave out lines 44 and 45 |
| 17 | Page 2, line 47, leave out from "period" to end of line 48 |
| | BARONESS TURNER OF CAMDEN |
| 18 | Page 2, line 48, at end insert— |
| "( ) | The prescribed rate shall not be less than that normally paid to workers in the same employment." |
| 19 | Page 3, line 14, leave out "(by whatever means)" |
| 20 | Page 3, line 16, leave out "(by way of fees, grants, loans or otherwise)" |
| | BARONESS THOMAS OF WINCHESTER |
| 21 | Page 3, line 21, at end insert— |
| "( ) | For the purposes of, or in connection with, any scheme within section 17A(1), the Secretary of State must evaluate data showing the number of participants with a disability at every stage of the scheme by impairment category." |
| | BARONESS THOMAS OF WINCHESTER |
| | LORD KIRKWOOD OF KIRKHOPE |
| 22 | Page 3, line 47, at end insert— |
| "17C | Procedure for regulations under sections 17A and 17B |
| (1) | Before the Secretary of State makes any regulations under section 17A or 17B, he must consult such persons as appear to him to be likely to be affected by his proposals. |
| (2) | Where those proposals affect any local authorities in Wales, the Secretary of State must also consult the Welsh Ministers. |
| (3) | If, following consultation under the preceding provisions of this section, the Secretary of State proposes to make regulations under section 17A or 17B he must lay before each House of Parliament a document which— |
| (a) | explains his proposals, |
| (b) | sets them out in the form of draft regulations, |
| (c) | gives details of consultation under subsection (1), and |
| (d) | where consultation has taken place under subsection (2), sets out the views of the Welsh Ministers. |
| (4) | Where a document relating to proposals is laid before Parliament under subsection (3), no draft of any regulations under section 17A or 17B to give effect to the proposals (with or without modifications) is to be laid before Parliament in accordance with subsection (8) until after the expiry of the period of sixty days beginning with the day on which the document was laid. |
| (5) | In calculating the period mentioned in subsection (4) no account is to be taken of any time during which— |
| (a) | Parliament is dissolved or prorogued, or |
| (b) | either House is adjourned for more than four days. |
| (6) | In preparing draft regulations the Secretary of State must consider— |
| (a) | any representations made during the period mentioned in subsection (4), |
| (b) | any resolution of either House of Parliament, and |
| (c) | any recommendations of a committee of either House of Parliament charged with reporting on the draft regulations. |
| (7) | Draft regulations laid before Parliament in accordance with subsection (8) must be accompanied by a statement of the Secretary of State giving details of— |
| (a) | any representations considered in accordance with subsection (6), and |
| (b) | any changes made to the proposals contained in the document laid before Parliament under subsection (3). |
| (8) | Regulations under section 17A or 17B are not to be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament."" |
| | BARONESS FINLAY OF LLANDAFF |
| 22A | Page 3, line 47, at end insert— |
| "17C | Regulations pursuant to sections 17A and 17B: consideration for
wellbeing of child |
| | Regulations made pursuant to sections 17A and 17B shall be so drafted to ensure that any job seeking conditions, work-related activities, schemes, plans, sanctions or consequences referred to in those sections are applied with due consideration for the wellbeing of any child whose life may be affected by them." |
| 22B | Page 3, line 47, at end insert— |
| "17D | Regulations pursuant to sections 17A and 17B: child's welfare to be
paramount consideration |
| | Regulations made pursuant to sections 17A and 17B shall be so drafted as to ensure that in any case where there is conflict between the best interests of a child and the best interests of a parent or any other person, then the child's welfare shall be the paramount consideration." |
| 22C | Page 3, line 47, at end insert— |
| "17E | Regulations pursuant to sections 17A and 17B: time with family for
jobseekers |
| | Regulations made pursuant to sections 17A and 17B shall be so drafted as to ensure that no jobseeker's agreement, direction or plan for work or work related activities proposed to a jobseeker who is a parent of a child under the age of 16 are so worded as to deny the jobseeker one whole day per week to be with his family on a day when his children are not obliged to be in school." |
| 22D | Page 3, line 47, at end insert— |
| "17F | Decision makers to be suitably qualified |
| | Any person who is empowered to make decisions about any matter pursuant to provisions in sections 17A and 17B insofar as it relates to a jobseeker who is a parent of a child under 16 shall be suitably qualified to judge the effect which any advice or direction he may give may have on the welfare, education or care of the jobseeker's child or children or on any child he cares for." |
| | BARONESS THOMAS OF WINCHESTER |
| | LORD KIRKWOOD OF KIRKHOPE |
| 23 | Page 4, line 7, at end insert— |
| "( ) | In section 37(3), after "41(2)" insert ", 17A or 17B"." |
| 24 | Page 4, line 11, leave out subsection (5) |
| 25 | Page 4, line 12, leave out paragraph (a) |
| | BARONESS THOMAS OF WINCHESTER |
| 26 | Page 4, line 16, at end insert— |
| "( ) | No provisions in this section shall come into effect unless the Secretary of State is satisfied with the readiness of job centres to manage "work for your benefit" schemes." |
| 27 | Insert the following new Clause— |
| "Programme of research into employment prospects of people over age 50 |
| (1) | The Secretary of State shall commission a programme of research into the employment prospects of people over age 50. |
| (2) | The research shall examine— |
| (a) | the numbers of unemployed people over age 50, |
| (b) | the experiences of people over age 50 in finding employment, and |
| (c) | the support needed to assist people over age 50 to obtain employment." |
| | BARONESS THOMAS OF WINCHESTER |
| 28 | Page 4, line 21, at end insert— |
| "( ) | This section does not apply in the case of a single parent with a child under seven who is in receipt of any rate or component of disability living allowance." |
| | BARONESS THOMAS OF WINCHESTER |
| | LORD KIRKWOOD OF KIRKHOPE |
| 29 | Page 4, line 22, leave out from "with" to "of" in line 24 and insert "providing a person who is entitled to income support an entitlement to undertake personally tailored work related activity in accordance with regulations as a benefit" |
| 30 | Page 4, line 27, leave out "imposing on" and insert "entitling" |
| 31 | Page 4, line 29, leave out "pensionable age" and insert "age 50" |
| | BARONESS THOMAS OF WINCHESTER |
| | LORD KIRKWOOD OF KIRKHOPE |
| 32 | Page 4, leave out lines 33 to 35 and insert— |
| | "to access personally tailored work-related activity" |
| 33 | Page 5, line 1, leave out from "be" to end of line 3 and insert "awarded an entitlement to access personally tailored work-related activity" |
| 34 | Page 5, line 5, leave out from "is" to end of line 8 and insert "entitled to personally tailored work-related activity services can access those services and the amount of work-related activity the person may at any time undertake" |
| 35 | Page 5, leave out lines 9 to 28 |
| 36 | Page 5, leave out lines 12 to 15 |
| | BARONESS THOMAS OF WINCHESTER |
| | LORD KIRKWOOD OF KIRKHOPE |
| 37 | Page 5, line 18, after "requirement," insert— |
| "( ) | it has been shown that all reasonable attempts have been made to contact the person," |
| | BARONESS THOMAS OF WINCHESTER |
| 38 | Page 5, line 28, at end insert— |
| "( ) | Without prejudice to any regulations made under subsection (4)(h) or (i) above, a person is to be regarded as having good cause for any act or omission for those purposes if, and to the extent that, the act or omission is attributable to any of the following circumstances— |
| (a) | the claimant in question was suffering from some disease or bodily or mental disablement on account of which— |
| (i) | he was not able to participate in the work-related activity in question; |
| (ii) | his attendance would have put at risk his health; or |
| (iii) | his attendance would have put at risk the health of other persons; |
| (b) | the claimant's failure to participate in the activity resulted from a religious or conscientious objection sincerely held; |
| (c) | the time it took, or would normally have taken, for the claimant to travel from his home to the work-related activity and back to his home by a route and means appropriate to his circumstances and to the activity exceeded, or would have exceeded, one hour in either direction or, where no appropriate activity is available within one hour of his home, such greater time as is necessary in the particular circumstances of the nearest appropriate activity; |
| (d) | the claimant had caring responsibilties and— |
| (i) | no close relative of the person he cared for and no other member of that person's household was available to care for him; and |
| (ii) | in the circumstances of the case it was not practical for the claimant to make other arrangements for the care of that person; |
| (e) | the claimant was attending court as a party to any proceedings, or as a witness or as a juror; |
| (f) | the claimant was arranging or attending the funeral of a close relative or close friend; |
| (g) | the claimant was engaged in— |
| (i) | the manning or launching of a lifeboat; or |
| (ii) | the performance of duty as a part-time member of a fire brigade; |
| (h) | the claimant was required to deal with some domestic emergency; or |
| (i) | the claimant was engaged during an emergency in duties for the benefit of others." |
| 39 | Page 5, line 31, leave out "until" and insert "for" |
| 40 | Page 5, line 35, leave out "reference to" |
| 41 | Page 5, line 37, leave out ", to the prescribed extent" |
| | BARONESS THOMAS OF WINCHESTER |
| | LORD KIRKWOOD OF KIRKHOPE |
| 42 | Page 5, line 46, at end insert— |
| "( ) | "the prescribed period" means a period of not less than 10 working days;" |
| 43 | Page 5, line 48, leave out "or remain in" |
| 44 | Page 6, leave out lines 1 to 4 |
| 45 | Page 6, line 13, after "an" insert ""individual" |
| 46 | Page 6, line 21, at end insert "at the lower rate" |
| 47 | Page 6, line 23, after "of" insert "individual" |
| 48 | Page 6, line 24, after "of" insert "individual" |
| | LORD KIRKWOOD OF KIRKHOPE |
| | BARONESS THOMAS OF WINCHESTER |
| 49 | Page 6, line 24, at end insert "including the level and type of guaranteed and predictable access to quality affordable and flexible childcare, which meets the needs of the parents and the child or children in the claimants' household, available to the claimant" |
| 50 | Page 6, line 25, after "of" insert "individual" |
| 51 | Page 6, line 31, after "an" insert "individual" |
| 52 | Page 6, line 45, leave out "only" |
| 53 | Page 6, line 45, after "activity" insert "or activities" |
| | BARONESS THOMAS OF WINCHESTER |
| 54 | Page 7, line 5, at end insert— |
| "( ) | must be reasonable, having regard to whether the person has a learning disability and the nature of that learning disability; |
| ( ) | must be reasonable, having regard to the sufficiency of the support available to be provided to the person if they have a learning disability;" |
| 55 | Page 7, line 5, at end insert— |
| "( ) | must be reasonable, having regard to whether the person has a condition with fluctuating signs and symptoms, and the nature of that condition;" |
| 56 | Page 7, line 6, after "an" insert "individual" |
| 57 | Page 7, line 9, at end insert— |
| "( ) | may not be in regard to the use of specific types of childcare, or particular childcare providers" |
| | BARONESS THOMAS OF WINCHESTER |
| | LORD KIRKWOOD OF KIRKHOPE |
| 58 | Page 7, line 9, at end insert— |
| "( ) | may not require independent job search; |
| ( ) | may not require participation in a work trial; |
| ( ) | may not require undertaking voluntary work; |
| ( ) | may not require part-time working" |
| 59 | Page 7, line 11, after "may" insert "not" |
| 60 | Page 7, line 15, after first "of," insert "or contractors to," |
| 61 | Page 8, line 18, leave out "at any time" and insert "in accordance with the terms of the contract" |
| 62 | Page 8, line 25, at end insert— |
| "( ) | Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated as the exercise of a public function for the purposes of the Human Rights Act 1998." |
| 63 | Page 8, line 30, leave out "criminal" and insert "court" |
| 64 | Page 8, line 34, after "as" insert "if it were" |
| 65 | Page 8, line 43, leave out from "State" to end |
| | BARONESS THOMAS OF WINCHESTER |
| | LORD KIRKWOOD OF KIRKHOPE |
| 66 | Page 9, line 5, at end insert— |
| "2H | Procedure for regulations under sections 2D to 2H |
| (1) | Before the Secretary of State makes any regulations under sections 2D to 2H, he must consult such persons as appear to him to be likely to be affected by his proposals. |
| (2) | Where those proposals affect any local authorities in Wales, the Secretary of State must also consult the Welsh Ministers. |
| (3) | If, following consultation under the preceding provisions of this section, the Secretary of State proposes to make regulations under sections 2D to 2H, he must lay before each House of Parliament a document which— |
| (a) | explains his proposals, |
| (b) | sets them out in the form of draft regulations, |
| (c) | gives details of consultation under subsection (1), and |
| (d) | where consultation has taken place under subsection (2), sets out the views of the Welsh Ministers. |
| (4) | Where a document relating to proposals is laid before Parliament under subsection (3), no draft of any regulations under sections 2D to 2H to give effect to the proposals (with or without modifications) is to be laid before Parliament in accordance with subsection (8) until after the expiry of the period of sixty days beginning with the day on which the document was laid. |
| (5) | In calculating the period mentioned in subsection (4) no account is to be taken of any time during which— |
| (a) | Parliament is dissolved or prorogued, or |
| (b) | either House is adjourned for more than four days. |
| (6) | In preparing draft regulations the Secretary of State must consider— |
| (a) | any representations made during the period mentioned in subsection (4), |
| (b) | any resolution of either House of Parliament, and |
| (c) | any recommendations of a committee of either House of Parliament charged with reporting on the draft regulations. |
| (7) | Draft regulations laid before Parliament in accordance with subsection (8) must be accompanied by a statement of the Secretary of State giving details of— |
| (a) | any representations considered in accordance with subsection (6), and |
| (b) | any changes made to the proposals contained in the document laid before Parliament under subsection (3). |
| (8) | Regulations under sections 2D to 2H are not to be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament." |
|
