Welfare Reform Bill
FIFTH
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 2 and 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 HOLLIS OF HEIGHAM |
| 71 | Insert the following new Clause— |
| | "Work-related activity: additional premiums |
| (1) | The Social Security Contributions and Benefits Act 1992 (c. 4) is amended as follows. |
| (2) | In section 135, (the applicable amount) after subsection (6) insert— |
| "(7) | The applicable amount shall include an amount in respect of a work-related activity component if the claimant undertakes work-related activity as defined in section 2D(8)(c) of this Act."." |
| 72 | Insert the following new Clause— |
| | "Income disregard for lone parents |
| (1) | The Social Security Contributions and Benefits Act 1992 (c. 4) is amended as follows. |
| (2) | In section 136 (income and capital), after subsection (3), insert— |
| "(3A) | Regulations made within subsection (3) above shall make provision for the amount of earnings to be disregarded for a lone parent to be no less than £87."." |
| 73 | Insert the following new Clause— |
| | "Regulations: consideration for care responsibilities of lone parents |
| (1) | The Jobseekers Act 1995 (c. 18) is amended as follows. |
| (2) | In section 19 (denial of jobseekers allowance), after subsection (8), insert— |
| "(8A) | Regulations made within subsection (8)(a) above shall make provision for the caring responsibilities of a lone parent to be given due consideration."." |
| 74 | Insert the following new Clause— |
| | "Jobseekers who are home-educators |
| | Regulations made pursuant to sections 1 and 2 shall be so drafted as to ensure that jobseekers who are home-educating a child or children shall not be required to take any employment or to attend any interview at a job centre or elsewhere which would significantly disrupt the child's education and, if the jobseeker concerned is a lone parent, they shall be entitled to register for jobseeker's allowance by post and shall be deemed to have met the conditions of receiving jobseeker's allowance." |
| | BARONESS THOMAS OF WINCHESTER |
| | LORD KIRKWOOD OF KIRKHOPE |
| | BARONESS KENNEDY OF THE SHAWS |
| 74A | Page 10, line 17, at end insert— |
| "(8) | Regulations made under subsection (4)(c) shall include any person with dependant children who has claimed benefit in the previous three months where he has left and remains absent from the former dwelling occupied as the home through fear of violence in that dwelling or by a former member of his family." |
| 75 | Insert the following new Clause— |
| | "Jobseeker's allowance sanction regime where suitable childcare is not available |
| (1) | The Jobseekers Act 1995 (c. 18) is amended as follows. |
| (2) | In section 20 (exemptions from section 19), after subsection (1), insert— |
| "(1A) | Nothing in section 19, or in regulations under that section, shall be taken to prevent payment of a jobseeker's allowance unless the Secretary of State has shown that lack of suitable childcare for children for whom the claimant is responsible was not the reason that the claimant falls within subsection (5) or (6) of section 19. |
| (1B) | In deciding what is suitable childcare for a particular child or children the Secretary of State must have regard to the reasonable views of the claimant as to what childcare would be suitable in their child or children's case."." |
| 75A | Page 53, line 9, leave out paragraph 2 |
| 75B | Page 55, leave out lines 32 to 35 |
| | BARONESS THOMAS OF WINCHESTER |
| 76 | Page 58, line 40, at end insert— |
| "( ) | For the purposes of this section, 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 attend the relevant training scheme or employment programme 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 training scheme or employment programme 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 training scheme or employment programme and back to his home by a route and means appropriate to his circumstances and to the scheme or programme exceeded, or would have exceeded, one hour in either direction or, where no appropriate training scheme or employment programme is available within one hour of his home, such greater time as is necessary in the particular circumstances of the nearest appropriate scheme or programme; |
| (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." |
| 76A | Page 66, line 31, leave out sub-paragraph (3) |
| 77 | Page 11, line 20, leave out subsection (2) |
| 78 | Page 12, line 10, leave out paragraph (c) |
| 79 | Page 12, line 45, at end insert— |
| "(7) | In section 14 of the Welfare Reform Act 2007 (c. 5) (action plans in connection with work-focused interviews) for subsection (3) substitute— |
| "(3) | Regulations under this section may, in particular, make provision for action plans which are provided to a person who is subject under section 13 to a requirement to undertake work-related activity to contain particulars of activity which if undertaken would enable the requirement to be met, provided that such particulars shall not include taking any medical treatment, including medication or psychological therapies."" |
| | BARONESS THOMAS OF WINCHESTER |
| | LORD KIRKWOOD OF KIRKHOPE |
| 80 | Page 13, line 12, at end insert "following presentation of a report concerning income support. |
| ( ) | An order may not be made under subsection (2) unless a draft statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament." |
| 81 | Page 13, line 23, leave out "(whenever passed)" and insert "passed before the commencement of this Act" |
| 82 | Page 13, line 24, leave out "(whenever made)" and insert "made before the commencement of this Act" |
| | BARONESS TURNER OF CAMDEN |
| 83 | Page 13, line 34, at end insert— |
| "( ) | No category of person may have its eligibility for income support removed without a thorough examination of the proposals by the Social Security Advisory Council." |
| | LORD KIRKWOOD OF KIRKHOPE |
| | BARONESS THOMAS OF WINCHESTER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill. |
| 84 | Page 68, line 32, leave out paragraph 9 |
| | BARONESS THOMAS OF WINCHESTER |
| | LORD KIRKWOOD OF KIRKHOPE |
| 85 | Page 13, line 40, at end insert— |
| "( ) | Section 13 of the Welfare Reform Act 2007 (c. 5) (work-related activity) is amended as follows. |
| ( ) | For subsection (2)(e)(i) substitute— |
| "(i) | fails to comply with the regulations and it has been shown that all reasonable attempts have been made to contact the person,". |
| ( ) | After subsection (3) insert— |
| 10 | "(3A) For the purposes of subsection (2)(e), the "prescribed period" means a period of not less than 10 working days."" |
| | [As an amendment to Amendment 85] |
| 86* | Line 10, leave out "10" and insert "20" |
| | BARONESS THOMAS OF WINCHESTER |
| 87 | Page 13, line 40, at end insert— |
| "( ) | In section 13 of the Welfarm Reform Act 2007 (c. 5) (work-related activity) after subsection (2) insert— |
| "( ) | For the purposes of this section, 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 attend the relevant training scheme or employment programme 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 training scheme or employment programme 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 training scheme or employment programme and back to his home by a route and means appropriate to his circumstances and to the scheme or programme exceeded, or would have exceeded, one hour in either direction or, where no appropriate training scheme or employment programme is available within one hour of his home, such greater time as is necessary in the particular circumstances of the nearest appropriate scheme or programme; |
| (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."." |
| 88 | Page 14, line 5, leave out "only" |
| | BARONESS THOMAS OF WINCHESTER |
| 89 | Page 14, line 9, after "given" insert "by a provider trained in learning disability issues" |
| 90 | Page 14, line 9, after "given" insert "by a provider trained to recognise health, mobility and cognitive issues associated with conditions with fluctuating signs and symptoms" |
| 91 | Page 14, line 15, at end insert— |
| "( ) | must be offered on a voluntary basis only for people over age 50" |
| | BARONESS THOMAS OF WINCHESTER |
| 92 | Page 14, line 15, at end insert— |
| "( ) | must take into account— |
| (i) | any misunderstanding of the requirements to participate due to the nature of a participant's learning disability; |
| (ii) | the adequacy of support provided to any participant with a learning disability to ensure they understood the requirements placed upon them" |
| 93 | Page 14, line 15, at end insert— |
| "( ) | must take into account the difficulty of making an objective assessment of the work capability of a person with fluctuating signs and symptoms" |
|
