Welfare Reform Bill
SIXTH
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—
Clause 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 |
| 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" |
| | BARONESS THOMAS OF WINCHESTER |
| 94 | Insert the following new Clause— |
| | "Entitlement to tailored employment and career support |
| (1) | All new employment and support allowance (ESA) claimants and existing incapacity benefit claimants who are migrated to ESA, who have a diagnosed mental health problem which impacts on their ability to undertake work, shall be entitled to an assessment carried out under, or linked to, the Access to Work scheme to determine what reasonable adjustments may improve the likelihood of retention should they find employment; and this assessment must be carried out before the claimant may be compelled to undertake any compulsory work-related activity. |
| (2) | The assessment to be carried out under subsection (1) shall include evidence-gathering from agencies responsible for a person's employment support and for the provision of health services here appropriate and must include at least one interview with the claimant. |
| (3) | Any reasonable adjustments, recommended by the assessment, shall be funded through the Access to Work scheme and shall be available to any employer wishing to employ the claimant. |
| (4) | Available funding for reasonable adjustments shall be communicated to employers by a claimant's employment adviser and shall be transferable to a new employer in the event that the claimant moves jobs or employers. |
| (5) | The assessment shall be reviewed regularly when the claimant moves jobs or employers (or both) to identify any changes to the adjustments required by the claimant." |
| | BARONESS THOMAS OF WINCHESTER |
| 95 | Page 14, line 20, leave out ", or have a propensity to misuse," |
| 96 | Page 14, line 21, leave out "or propensity" |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 9 stand part of the Bill. |
| | BARONESS THOMAS OF WINCHESTER |
| 97 | Page 70, line 28, at end insert— |
| "( ) | Regulations under this paragraph may make provision— |
| (a) | for ensuring that the requirements are fair and reasonable, |
| (b) | for ensuring that such interviews are conducted at such time and place as is appropriate for the disclosure of drug dependence, |
| (c) | for the support that will be available to a person at the point of disclosure of a drug problem, and |
| (d) | detailing the qualifications and competencies of persons who will be able to impose a requirement to answer questions and to conduct interviews." |
| | BARONESS THOMAS OF WINCHESTER |
| 98 | Page 71, line 20, leave out from beginning to end of line 16 on page 72 |
| 99 | Page 72, line 38, at end insert— |
| "( ) | No information disclosed by a person in compliance with a requirement imposed by regulations under paragraphs 1 to 3 may be adduced in civil proceedings or in any other circumstances disclosed to third parties without the person's consent, or in any circumstances where this may be detrimental to the person's interests." |
| 100 | Page 72, line 39, leave out from beginning to end of line 17 on page 73 |
| 101 | Page 72, leave out line 43 |
| 102 | Page 72, line 43, at end insert "with the exception of health and social care workers, who are excluded from these provisions" |
| | BARONESS THOMAS OF WINCHESTER |
| 103 | Page 73, leave out lines 1 to 4 and insert— |
| "( ) | Information supplied under the regulations by either the claimant or others pursuant to paragraph 5 may only be used for the purposes of determining the claim." |
| 104 | Page 73, leave out lines 5 to 11 |
| 105 | Page 73, line 41, leave out "submit to" and insert "attend an initial assessment for" |
| 106 | Page 74, line 4, at end insert "and |
| (c) | subject to the appropriate practitioner having determined that the person is susceptible to treatment and consents to treatment;" |
| 107 | Page 79, line 9, leave out from beginning to end of line 6 on page 80 |
| 108 | Page 80, line 29, leave out from beginning to end of line 9 on page 81 |
| | BARONESS THOMAS OF WINCHESTER |
| 109 | Page 80, leave out lines 38 to 41 and insert— |
| "( ) | Information supplied under the regulations by either the claimant or others pursuant to paragraph 5 may only be used for the purposes of determining the claim." |
| 110 | Page 80, line 42, leave out from beginning to end of line 3 on page 81 |
| 111 | Page 81, leave out lines 11 to 15 and insert— |
| | "Regulations may make provision for or in connection with a rehabilitation plan to address a person's dependency on, or propensity to misuse, any drug." |
| 112 | Page 81, line 17, leave out "to be imposed on a person" |
| | BARONESS THOMAS OF WINCHESTER |
| 113 | Page 81, line 35, leave out "submit to" and insert "attend an initial assessment for" |
| 114 | Page 81, line 45, at end insert "and |
| ( ) | subject to the appropriate practitioner having determined that the person is susceptible to treatment and consents to treatment;" |
| 115 | Page 83, line 5, at end insert— |
| "( ) | Regulations under paragraph 6 may not impose a sanction in respect of failure to comply with treatment unless recommended by a person having the necessary qualifications or experience and consented to by the person to be subject to the treatment." |
| | Lord Dubs gives notice of his intention to oppose the Question that Schedule 3 be the Third Schedule to the Bill. |
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