Welfare Reform Bill
EIGHTH
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 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 THOMAS OF WINCHESTER |
| | LORD KIRKWOOD OF KIRKHOPE |
| 158 | Page 35, line 11, at end insert— |
| | "but only after a clear warning letter and explanation of the initial instance of failure to comply has been issued to the claimant" |
| 159 | Page 36, line 25, leave out "has not attained pensionable age" and insert "is under age 50" |
| 160 | Page 36, line 27, leave out ""has not attained pensionable age" and insert ""is under age 50" |
| 161 | Page 36, line 36, leave out "has not attained pensionable age" and insert "is under age 50" |
| | BARONESS TURNER OF CAMDEN |
| | LORD MORRIS OF MANCHESTER |
| 161A | Insert the following new Clause— |
| | In section 123(1)(e) of the Social Security Contributions and Benefits Act 1992 (c. 4) (income-related benefits), for "council tax benefit" substitute "council tax rebate"." |
| | BARONESS CAMPBELL OF SURBITON |
| | BARONESS THOMAS OF WINCHESTER |
| 162 | Page 38, line 9, leave out subsections (5) and (6) |
| | BARONESS THOMAS OF WINCHESTER |
| | LORD KIRKWOOD OF KIRKHOPE |
| 163 | Page 39, line 10, at end insert "including, in particular, making arrangements with voluntary organisations to provide disabled persons with assistance in connection with direct payments" |
| | BARONESS CAMPBELL OF SURBITON |
| | BARONESS THOMAS OF WINCHESTER |
| 164 | Page 39, line 11, leave out from "particular," to end of line 22 and insert "impose duties on a relevant authority that is or may be obliged, or has decided, to provide a relevant service to, or to arrange the provision of a relevant service for, a disabled person (P) in prescribed circumstances to do the following— |
| (a) | to support P to assess his own needs; |
| (b) | to assess the value of any relevant services to which P is entitled; |
| (c) | to notify P of the value of these services (his "individual budget") and of his right to choose how his individual budget is managed; |
| (d) | to support P to draw up a plan (his "support plan") setting out how he wishes his needs to be met, using his individual budget; |
| (e) | to support P to review and revise his support plan; |
| (f) | to notify P that he must decide whether he wishes to take his individual budget in the form of— |
| (i) | a payment to him (a direct payment); |
| (ii) | a payment to any prescribed person for that person to manage on his behalf and in accordance with his support plan; |
| (iii) | the provision of services by the relevant authorities which accord with his support plan; or |
| (iv) | any combination of sub-paragraphs (i), (ii) and (iii); |
| (g) | to comply with a decision by P under paragraph (f). |
| ( ) | The right of P to receive a direct payment under subsection (2) is subject to any conditions that may be imposed by virtue of regulations made under section 34." |
| | BARONESS CAMPBELL OF SURBITON |
| | BARONESS THOMAS OF WINCHESTER |
| 165 | Page 39, line 28, leave out paragraph (c) |
| | BARONESS CAMPBELL OF SURBITON |
| | BARONESS THOMAS OF WINCHESTER |
| 166 | Page 40, line 18, leave out paragraphs (b) to (d) and insert— |
| "( ) | make provision for a disabled person to appeal to an independent authority against a decision to refuse a direct payment;" |
| 167 | Page 40, line 34, leave out subsection (3) |
| 169 | Page 41, line 35, leave out "subsection" and insert "section" |
| 170 | Page 42, line 21, leave out "and" |
| 171 | Page 42, line 26, at end insert— |
| "(c) | in relation to provision that does not fall within paragraph (b) and relates to relevant services in Wales with respect to which functions are exercisable— |
| (i) | by a Minister of the Crown, and |
| (ii) | by the Welsh Ministers, the First Minister or the Counsel General, |
| | the Secretary of State or the Welsh Ministers are the appropriate authority, and |
| (d) | in relation to provision that does not fall within paragraph (b) or (c) and relates to relevant services in Wales with respect to which functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General, the Welsh Ministers are the appropriate authority." |
| 172 | Page 42, line 27, after "33" insert— |
| 173 | Page 42, line 28, at end insert "and |
| (b) | does not include power to make provision— |
| (i) | removing or modifying any function of the Welsh Ministers, the First Minister or the Counsel General, or |
| (ii) | conferring or imposing any function on the Welsh Ministers, the First Minister or the Counsel General. |
| ( ) | Any power of the Welsh Ministers to make regulations under section 33 by virtue of subsection (2)(c) or (d) does not include power to make provision— |
| (a) | removing or modifying any function of a Minister of the Crown, or |
| (b) | conferring or imposing any function on a Minister of the Crown." |
| 174 | Page 42, line 30, at end insert— |
| | ""the Counsel General" means the Counsel General to the Welsh Assembly Government; |
| | "the First Minister" means the First Minister for Wales; |
| | "Minister of the Crown" includes the Treasury." |
| 174ZA | Insert the following new Clause— |
| (1) | The Child Support Act 1991 (c. 48) is amended as follows. |
| (2) | In section 1(1) for "is responsible for maintaining him" substitute "has joint and several responsibility for his maintenance and joint responsibility for his wellbeing"." |
| 174A | Page 44, line 6, leave out paragraph (a) and insert— |
| "(a) | in subsection (1), after "section" insert "(referred to in this section and sections 39C to 39F as a "disqualification order")"," |
| 174B | Page 44, line 9, at end insert— |
| "( ) | after subsection (1) insert— |
| "(1A) | Before making an order under subsection (1), the decision to make the order must be approved by an executive director of the Commission.", and" |
| 174C | Page 44, line 18, leave out "Commission" and insert "court" |
| 174D | Page 44, line 29, leave out "Commission" and insert "court" |
| 174E | Page 46, line 6, leave out from beginning to end of line 24 on page 47 |
| 174F | Page 47, line 25, leave out subsection (5) |
| 174G | Insert the following new Clause— |
| | "Power to make disqualification orders not to be contracted out |
| (1) | The Child Maintenance and Other Payments Act 2008 (c. 6) is amended as follows. |
| (2) | In section 8(1), after "Commission" insert ", except the power to make a disqualification order under section 39B of the Child Support Act 1991 (c. 48),"." |
| 175 | Page 48, line 15, at end insert "or a travel authorisation" |
| 175A | Page 48, line 18, at end insert "or travel authorisation" |
| 176 | Page 48, line 23, after "licence" insert "and travel authorisation" |
| 177 | Page 48, line 34, after "licence" insert "and travel authorisation" |
| 178 | Page 48, line 35, after "licence" insert "or travel authorisation" |
| 178ZA | Page 48, line 37, after "licence" insert "or travel authorisation" |
| 178ZB | Page 49, line 14, at end insert— |
| | ""travel authorisation" has the same meaning as in section 39B of the 1991 Act" |
| 178ZBA | Page 93, leave out line 10 |
| 178ZBB | Page 93, leave out lines 14 to 16 |
| 178ZBC | Page 93, leave out lines 17 and 18 |
| 178ZC | Page 93, leave out lines 28 to 35 and insert— |
| "(6) | The Minister may by regulations provide that, except in such cases as the regulations may prescribe, where the mother is required by subsection (1) to give information relating to the father— |
| (a) | the mother's duty under section 2A to sign the register is to have effect as a duty to sign a declaration in such form as may be so prescribed, |
| (b) | the registrar is not to register the birth of the child until such time as may be determined in accordance with the regulations, and |
| (c) | the entry in the register is to be taken for the purposes of this Act to have been signed by the person who signed the declaration." |
| 178ZCA | Page 93, leave out lines 36 and 37 |
| 178ZD | Page 94, line 15, leave out "and" |
| 178ZE | Page 94, line 20, at end insert "and |
| ( ) | provide that in prescribed cases where the alleged father is not required by the regulations to sign the register, the entry in the register is to be taken for the purposes of this Act to have been signed by the alleged father" |
| | BARONESS THOMAS OF WINCHESTER |
| | LORD KIRKWOOD OF KIRKHOPE |
| | BARONESS KENNEDY OF THE SHAWS |
| 178A | Page 94, line 34, at beginning insert "Save where subsection (1A) applies," |
| 178AA | Page 94, line 39, leave out from "registered" to end of line 41 |
| | BARONESS THOMAS OF WINCHESTER |
| | LORD KIRKWOOD OF KIRKHOPE |
| | BARONESS KENNEDY OF THE SHAWS |
| 178B | Page 94, line 41, at end insert— |
| "(1A) | Where information is given by a person under subsection (1)(a), and confirmed by the mother under subsection (1)(b), regulations made under this section shall not permit the registrar to enter the person's name on the register as the father of the child, where— |
| (a) | the mother has made in the presence of the registrar a declaration in the prescribed form stating that she has reason to fear for her safety or that of the child if the father acquires parental responsibility under section 4 of the Children Act 1989 as a result of being registered on the birth certificate as the child's father; and |
| (b) | no order has been made by a court under section 4 of the Children Act 1989 that he shall have parental responsibility for the child." |
| 178BA | Page 95, line 2, leave out "and" |
| 178BB | Page 95, line 5, at end insert "and |
| ( ) | provide that in prescribed cases where the person is not required by the regulations to sign the register, the entry in the register is to be taken for the purposes of this Act to have been signed by the person" |
| 178BC | Page 96, line 27, leave out ""12" and insert ""6" |
| 178BD | Page 96, line 30, leave out ""12" and insert ""6" |
| 178BE | Page 96, line 38, leave out ""12" and insert ""6" |
| | BARONESS THOMAS OF WINCHESTER |
| | LORD KIRKWOOD OF KIRKHOPE |
| | BARONESS KENNEDY OF THE SHAWS |
| 178C | Page 98, line 45, at beginning insert "Save where subsection (1A) applies," |
| 178D | Page 99, line 2, at end insert— |
| "(1A) | Where under subsection (1), information is given by a person and confirmed by the mother, regulations made under subsection (1) shall not permit the registrar to enter the person's name on the register as the father of the child, where— |
| (a) | the mother makes in the presence of the registrar a declaration in the prescribed form stating that she has reason to fear for her safety or that of the child if the father acquires parental responsibility under section 4 of the Children Act 1989 as a result of being registered on the birth certificate as the child's father; and |
| (b) | no order has been made by a court under section 4 of the Children Act 1989 that he shall have parental responsibility for the child." |
| 178E | Page 101, line 17, leave out "2B(4)" and insert "2B(1), (4)" |
|
