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Post by nickd on Sept 21, 2011 20:37:27 GMT 1
latest parliamentary amendments to welfare reform bill in grand committee stages
AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
Clause 11
LORD KIRKWOOD OF KIRKHOPE
Page 5, line 22, leave out subsection (4) and insert—
“(4) For the purposes of subsection (1) the appropriate amount of housing costs (in this section referred to as “the appropriate amount”) is determined in accordance with subsections (4A) to (4I).
(4A) Regulations shall prescribe the manner in which the appropriate amount is to be determined.
(4B) In relation to rents chargeable in respect of properties let by local housing authorities and by private registered providers of social housing, the appropriate amount shall be 100% of the rent.
(4C) For the purposes of subsection (4B), “rent” means the contractual rent or other payment in respect of the occupation of residential premises due under a letting agreement, subject to deduction only of any amounts payable in respect of water rates and heating and any other payments not related to the provision of adequate accommodation.
(4D) Subject to subsection (4B), the regulations shall provide for the appropriate amount to be ascertained in the prescribed manner by reference to rent officer determinations.
(4E) The regulations may require an authority administering claims for housing costs in any prescribed case—
(a) to apply for a rent officer determination, and
(b) to do so within such time as may be specified in the regulations.
(4F) The regulations shall make provision for the level of rent officer determinations in respect of each prescribed description of property in the locality to be reviewed on a monthly basis.
(4G) For the purpose of subsection (4F), the “locality” means such area as may be ascertained in accordance with the regulations.
(4H) The regulations may make provision as to the circumstances in which, for the purpose of determining the appropriate amount, the amount of the liability mentioned in subsection (1) must be taken to be the amount of a rent officer determination instead of the actual amount of that liability.
(4I) A rent officer determination is a determination made by a rent officer in the exercise of functions under section 122 of the Housing Act 1996.”
Page 5, line 29, at end insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a person has provided the relevant authority with such certificates, documents, information or evidence as are sufficient to satisfy the authority that the person is disabled and is living in a property specially adapted or particularly suited to meet the needs of that person.”
Page 5, line 29, at end insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a person in the household is in receipt of any component of Disability Living Allowance or (as the case may be) of personal independence payment.”
Page 5, line 29, at end insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a household is providing a foster care placement.”
Page 5, line 29, at end insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a household is living in supported or sheltered housing.”
Page 5, line 29, at end insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a person has no means of avoiding a universal credit reduction for under-occupying a property let by a local housing authority or private registered provider of social housing because no suitable alternative social rented sector accommodation is available in the locality.”
Clause 68
LORD KIRKWOOD OF KIRKHOPE
Page 52, line 36, at end insert—
“( ) After subsection (7) insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a person has provided the relevant authority with such certificates, documents, information or evidence as are sufficient to satisfy the authority that the person is disabled and is living in a property specially adapted or particularly suited to meet the needs of that person.””
Page 52, line 36, at end insert—
“( ) After subsection (7) insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a person in the household is in receipt of any component of Disability Living Allowance or (as the case may be) of personal independence payment.””
Page 52, line 36, at end insert—
“( ) After subsection (7) insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a household is providing a foster care placement.””
Page 52, line 36, at end insert—
“( ) After subsection (7) insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a household is living in supported or sheltered housing.””
Page 52, line 36, at end insert—
“( ) After subsection (7) insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a person has no means of avoiding a housing benefit reduction for under-occupying a property let by a local housing authority or private registered provider of social housing because no suitable alternative social rented sector accommodation is available in the locality.””
©Parliamentary copyright
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Post by nickd on Sept 22, 2011 13:09:56 GMT 1
Further ammendments posted on Parliamentary website 22/9/2009
Welfare Reform Bill
AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
Clause 43
LORD GERMAN
Page 20, line 13, at end insert—
“( ) section 9(3) (standard allowance: exceptions);”
Page 20, line 15, at end insert—
“( ) section 10(4) (responsibility for children and young persons: exceptions);”
Page 20, line 18, leave out paragraph (g)
Page 20, line 20, leave out paragraph (i)
Page 20, line 23, at end insert—
“( ) A statutory instrument containing regulations made by the Secretary of State under this Part by virtue of section 4(7) (basic conditions), alone or with other regulations, is subject to the affirmative resolution procedure.”
Page 20, line 23, at end insert—
“( ) A statutory instrument containing regulations made by the Secretary of State under this Part by virtue of section 6(1)(a) (restrictions on entitlement), alone or with other regulations, is subject to the affirmative resolution procedure.”
Page 20, line 23, at end insert—
“( ) A statutory instrument containing regulations made by the Secretary of State under this Part by virtue of section 18 (work availability requirement), alone or with other regulations, is subject to the affirmative resolution procedure.”
Page 20, line 23, at end insert—
“( ) A statutory instrument containing regulations made by the Secretary of State under this Part by virtue of section 19(2)(d) (claimants subject to no work-related requirement), alone or with other regulations, is subject to the affirmative resolution procedure.”
Page 20, line 23, at end insert—
“( ) A statutory instrument containing regulations made by the Secretary of State under this Part by virtue of section 28 (hardship payments), alone or with other regulations, is subject to the affirmative resolution procedure.”
Page 20, line 42, leave out “made by the Scottish Ministers”
Clause 47
LORD GERMAN
The Lord German gives notice of his intention to oppose the Question that Clause 47 stand part of the Bill.
Clause 68
LORD GERMAN
Page 52, line 36, at end insert—
“( ) A statutory instrument containing the first regulations made by the Secretary of State under subsection (3), (5) or (6), alone or with other regulations, is subject to the affirmative resolution procedure.”
Clause 91
LORD GERMAN
Page 61, line 30, at end insert—
“( ) A statutory instrument containing (whether alone or with other provision) regulations made under section 76(4) or 77(4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
Page 61, line 41, leave out “made by the Scottish Ministers”
Clause 94
LORD GERMAN
Page 63, line 32, leave out subsection (3) and insert—
“( ) A statutory instrument containing (whether alone or with other provision) regulations made under section 93 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
Clause 113
LORD GERMAN
Page 80, line 16, at end insert—
“( ) A statutory instrument containing (whether alone or with other provision) regulations made under section 115C or 115D above may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
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Post by nickd on Sept 30, 2011 11:05:36 GMT 1
As of 30/9/2011 LATEST
Welfare Reform Bill
AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
Clause 1
LORD KIRKWOOD OF KIRKHOPE
LORD MCKENZIE OF LUTON
BARONESS HAYTER OF KENTISH TOWN
The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill.
Clause 2
LORD MCKENZIE OF LUTON
BARONESS HAYTER OF KENTISH TOWN
Page 2, line 5, leave out subsection (2)
Clause 4
LORD MCKENZIE OF LUTON
BARONESS HAYTER OF KENTISH TOWN
Page 2, line 22, leave out subsection (2)
Page 2, line 29, leave out subsection (5)
Page 2, line 39, at end insert—
“( ) specify circumstances in which certain groups, which shall include parents, young people and disabled students, are treated as not receiving education.”
Page 3, line 3, at end insert—
“( ) Prior to the implementation of regulations made under this section, the Secretary of State shall initiate and respond to a public consultation concerning the operation of the claimant commitment.”
Page 3, line 3, at end insert—
“( ) The Secretary of State shall conduct a review into the impact on claimants of accepting a claimant commitment to conclude one year after the coming into force of this Act, and annually thereafter until 2018, and shall publish the reviews to both Houses of Parliament.”
Clause 11
LORD RIX
Page 5, line 21, at end insert—
“(3A) Regulations under subsection (3)(a) above must ensure that payment for mortgage interest is and continues to be made available long-term for people acquiring a home via the Home Ownership for People with Long-term Disabilities (HOLD) scheme.”
After Clause 11
LORD BEST
BARONESS MEACHER
[In substitution for the amendment printed on sheet HL Bill 75(b)]
Insert the following new Clause—
“Payment of housing costs
(1) This section applies to payments of the housing cost element of the universal credit.
(2) Payment of the housing costs element of the Universal Credit must be made to a person’s landlord where that person has requested or consented to such payment in agreement with their landlord.
(3) Regulations made by the Secretary of State may prescribe the circumstances in which subsection (2) does not apply.
(4) Regulations made by the Secretary of State shall prescribe the person who is to be treated as the landlord for the purposes of this section and shall make provision as to the discharge of liability consequent upon the making of any payments to the landlord.”
Clause 43
LORD FREUD
Page 20, line 9, at end insert—
“( ) section 4(7) (acceptance of claimant commitment);”
Page 20, line 12, leave out from “9(2)” to end of line 13 and insert “and (3) (standard allowance)”
Page 20, line 14, leave out from “10(3)” to end of line 15 and insert “and (4) (children and young persons element)”
Page 20, line 17, at end insert—
“( ) section 18(3) and (5) (work availability requirement);”
Clause 51
LORD FREUD
Page 36, leave out lines 31 to 35 and insert—
“(3) In calculating for the purposes of subsection (1) the length of the period for which a person is entitled to a contributory allowance, the following are not to be counted—
(a) days in which the person is a member of the support group,
(b) days not falling within paragraph (a) in respect of which the person is entitled to the support component referred to in section 2(1)(b), and
(c) days in the assessment phase, where the days immediately following that phase fall within paragraph (a) or (b).
(4) In calculating for the purposes of subsection (1) the length of the period for which a person is entitled to a contributory allowance, days occurring before the coming into force of this section are to be counted (as well as those occurring afterwards).””
Clause 52
LORD FREUD
Page 37, line 10, leave out subsection (5) and insert—
“(5) In calculating for the purposes of subsection (4) the length of the period for which a person is entitled to an employment and support allowance, the following are not to be counted—
(a) days in which the person is a member of the support group (within the meaning of Part 1 of the Welfare Reform Act 2007),
(b) days not falling within paragraph (a) in respect of which the person is entitled to the support component referred to in section 2(1)(b) of the Welfare Reform Act 2007, and
(c) days in the assessment phase (within the meaning of Part 1 of the Welfare Reform Act 2007), where the days immediately following that phase fall within paragraph (a) or (b).
(6) In calculating for the purposes of subsection (4) the length of the period for which a person is entitled to an employment and support allowance, days occurring before the coming into force of this section are to be counted (as well as those occurring afterwards).”
Clause 68
LORD FREUD
Page 52, line 36, at end insert—
“( ) In section 176(1) of that Act (Parliamentary control), after paragraph (aa) there is inserted—
“(ab) the first regulations made by virtue of section 130A(5) or (6);”.
Clause 86
LORD RIX
Page 60, line 17, at end insert “biennially for the first six years after those sections come into force”
Page 60, line 18, leave out “3” and insert “2”
Schedule 9
LORD FREUD
Page 133, line 10, leave out from beginning to end of line 28 on page 134
Page 137, line 35, leave out from beginning to end of line 9 on page 140
Page 141, line 1, after “paragraph 3” insert “—
(a) in paragraph (f), the final “or” is repealed;”
Page 141, line 4, at end insert—
“(i) section 84 of that Act.”
Page 141, leave out lines 12 to 16
Page 141, line 37, leave out paragraph 62
Page 142, leave out lines 9 to 34
Clause 91
LORD FREUD
Page 61, line 32, leave out “either or both” and insert “any”
Page 61, line 32, at end insert—
“( ) the first regulations under section 76(4) or 77(4);”
Clause 94
LORD FREUD
Page 63, line 31, at end insert—
“( ) A statutory instrument containing the first regulations under section 93 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.”
Page 63, line 32, after “containing” insert “other”
Clause 111
LORD FREUD
Page 78, line 12, at end insert—
“(2) In section 190 of that Act (parliamentary control of orders and regulations), in subsection (1), before paragraph (za) insert—
“(zza) an order under section 115A(3B);”.”
Clause 113
LORD FREUD
Page 80, line 16, at end insert—
“(2) In section 190 of that Act (parliamentary control of orders and regulations), in subsection (1), before paragraph (za) insert—
“(zzb) regulations under section 115C(2) or 115D(1) or (2);”.”
After Clause 113
LORD RAMSBOTHAM
Insert the following new Clause—
“Means inquiry before sanctions, penalties and recovery of overpayments are imposed
(1) In respect of the imposition of an overpayment or sanction under the Jobseeker’s Act 1995 or any other provision or in the case of a penalty imposed under section 115C of the Social Security Administration Act 1992 the Secretary of State shall consider—
(a) evidence of the physical condition of the claimant and his or her state of health;
(b) evidence of the psychological state of health of the claimant;
(c) evidence relating to the means and income of the claimant;
(d) evidence relating to the accommodation occupied by the claimant and the effect that the imposition of a sanction or penalty may have on the right to occupy such accommodation;
(e) the family circumstances of the claimant and the impact that it may have on other family members and dependents;
(f) evidence of the impact that a sanction or penalty may have on the ability of the claimant to fulfil obligations to third parties including those relating to the fulfilment of benefit entitlement conditions,
before deciding whether to impose a sanction or penalty and shall only do so where, having considered all the relevant circumstances, it is reasonable to do so.
(2) Regarding evidence as to means the Secretary of State must consider—
(a) the income of the claimant;
(b) the capital of the claimant;
(c) the expenditure of the claimant.
(3) In order to facilitate the enquiry into the matters set out in subsection (1) the Secretary of State or authority may—
(a) arrange for a medical examination of the claimant;
(b) obtain information from any agency holding relevant information on the income and resources of the claimant;
(c) receive evidence from any other person or persons with a knowledge of the circumstances of the claimant;
(d) a person who is subject to a penalty may appeal to a Tribunal (Lower Tier) against the imposition of such a penalty.”
Clause 126
LORD FREUD
Page 96, line 20, leave out second “prescribed” and insert “relevant social security”
Page 97, line 35, leave out subsection (12)
Page 97, line 45, leave out from beginning to end of line 2 on page 98
Page 98, line 8, at end insert—
““relevant information” means information relating to—
(a) any relevant social security benefit, or
(b) welfare services;
“relevant social security benefit” has the meaning given in section 121DA(7) of the Social Security Administration Act 1992;”
Page 98, line 16, at end insert—
““welfare services” includes services which provide accommodation, support, assistance, advice or counselling to individuals with particular needs, and for these purposes “assistance” includes assistance by means of a grant or loan or the provision of goods or services.”
Clause 133
LORD FREUD
Insert the following new Clause—
“Recovery of child support maintenance by deduction from benefit
In section 43 of the Child Support Act 1991 (as substituted by the Child Support, Pensions and Social Security Act 2000), for subsections (1) and (2) there is substituted—
“(1) The power of the Secretary of State to make regulations under section 5 of the Social Security Administration Act 1992 by virtue of subsection (1)(p) of that section may be exercised with a view to securing the making of payments in respect of child support maintenance by a non-resident parent.
(2) The reference in subsection (1) to the making of payments in respect of child support maintenance includes the recovery of—
(a) arrears of child support maintenance, and
(b) fees payable under section 6 of the Child Maintenance and Other Payments Act 2008.””
Schedule 14
LORD FREUD
Page 173, leave out lines 5 to 10
Page 173, leave out lines 21 to 27
Page 173, line 34, leave out “(b)” and insert “(a)”
Page 174, leave out lines 12 to 17
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Post by nickd on Oct 5, 2011 7:48:31 GMT 1
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 15th September 2011, as follows—
Clauses 1 to 31
Schedule 1
Clause 32
Schedule 2
Clauses 33 and 34
Schedule 3
Clause 35
Schedule 4
Clause 36
Schedule 5
Clause 37
Schedule 6
Clauses 38 to 48
Schedule 7
Clauses 49 to 69
Schedule 8
Clauses 70 to 88
Schedule 9
Clauses 89 and 90
Schedule 10
Clauses 91 to 99
Schedule 11
Clause 100
Schedule 12
Clauses 101 to 136
Schedule 13
Clause 137
Schedule 14
Clauses 138 to 141
[Amendments marked * are new or have been altered]
Clause 1
LORD MCKENZIE OF LUTON
BARONESS HAYTER OF KENTISH TOWN
2
Page 1, line 7, after “credit” insert “to support work for those who can and provide security for those who cannot”
LORD KIRKWOOD OF KIRKHOPE
3
Page 1, line 7, after “payable” insert “after consultation with other United Kingdom legislatures”
4
Page 1, line 8, leave out “may” and insert “shall”
5
Page 1, line 8, leave out “as follows” and insert “to consultation by the Social Security Advisory Committee”
6
Page 1, line 8, leave out “awarded” and insert “paid”
7
Page 1, line 9, leave out from beginning to “, or” and insert “a single person”
8
Page 1, line 10, leave out “jointly” and insert “independently”
9
Page 1, line 11, leave out “, subject as follows,” and insert “up-rated annually and”
10
Page 1, line 11, after “calculated” insert “as a percentage of national minimum income standards”
11
Page 1, line 13, after first “for” insert “the woman who has”
BARONESS HOLLIS OF HEIGHAM
12
Page 1, line 13, at end insert—
“( ) an amount for council tax,”
LORD KIRKWOOD OF KIRKHOPE
BARONESS MEACHER
13
Page 1, line 14, after “housing” insert “and council tax”
LORD KIRKWOOD OF KIRKHOPE
14
Page 1, line 15, at end insert “, and
( ) amounts for young people not in employment, education or training.”
15
Page 1, line 15, at end insert “, and
( ) amounts for households in the Families Working Everywhere scheme.”
LORD KIRKWOOD OF KIRKHOPE
LORD MCKENZIE OF LUTON
BARONESS HAYTER OF KENTISH TOWN
The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill.
Clause 2
LORD MCKENZIE OF LUTON
BARONESS HAYTER OF KENTISH TOWN
16
Page 2, line 5, leave out subsection (2)
Clause 4
LORD MCKENZIE OF LUTON
BARONESS HAYTER OF KENTISH TOWN
17
Page 2, line 17, leave out “18” and insert “16”
18
Page 2, line 22, leave out subsection (2)
19
Page 2, line 29, leave out subsection (5)
20
Page 2, line 39, at end insert—
“( ) specify circumstances in which certain groups, which shall include parents, young people and disabled students, are treated as not receiving education.”
21
Page 3, line 3, at end insert—
“( ) Prior to the implementation of regulations made under this section, the Secretary of State shall initiate and respond to a public consultation concerning the operation of the claimant commitment.”
22
Page 3, line 3, at end insert—
“( ) The Secretary of State shall conduct a review into the impact on claimants of accepting a claimant commitment to conclude one year after the coming into force of this Act, and annually thereafter until 2018, and shall publish the reviews to both Houses of Parliament.”
Clause 5
LORD MCKENZIE OF LUTON
BARONESS HAYTER OF KENTISH TOWN
BARONESS DRAKE
22A
Page 3, line 7, after “it” insert “excluding amounts arising from the sale of a primary residence and held in a deposit or other prescribed account for a period of no greater than 12 months”
22B
Page 3, line 7, after “it” insert “excluding amounts in an Individual Savings Account or other prescribed saving account up to a prescribed maximum of no less than £50,000, where the claimant is in work or was in work in the last 12 months”
22C
Page 3, line 7, after “it” insert “excluding such prescribed amounts saved for a deposit on the purchase of accommodation for personal use, where the claimant is in work or was in work within the last 12 months”
22D
Page 3, line 13, after “it” insert “excluding such prescribed amounts saved for a deposit on the purchase of accommodation for personal use, where at least one of the joint claimants is in work or was in work within the last 12 months”
22E
Page 3, line 13, after “it” insert “excluding amounts arising from the sale of a primary residence and held in a deposit or other prescribed account for a period of no greater than 12 months”
22F
Page 3, line 13, after “it” insert “excluding amounts in an individual savings account or other prescribed saving account up to a prescribed maximum of no less than £50,000, where at least one of the other joint claimants is in work or was in work in the last 12 months”
Clause 6
LORD MCKENZIE OF LUTON
BARONESS HAYTER OF KENTISH TOWN
23
Page 3, line 20, leave out paragraph (a)
24
Page 3, line 27, leave out subsection (3)
Clause 7
BARONESS LISTER OF BURTERSETT
LORD KIRKWOOD OF KIRKHOPE
BARONESS MEACHER
BARONESS PRASHAR
25
Page 3, line 35, leave out from “payable” to end of line 36 and insert “twice per month”
26
Page 3, line 36, at end insert “so that it is payable either twice per month or monthly, as the claimant chooses”
27
Page 3, line 36, at end insert “so that it is payable twice per month where requested by the claimant”
28
Page 3, line 40, at end insert—
“( ) The Secretary of State shall conduct a review into the impact on claimants of monthly payments of universal credit to conclude one year after the coming into force of this Act and annually thereafter until 2018, and shall publish the reviews to both Houses of Parliament.”
Clause 8
LORD MCKENZIE OF LUTON
BARONESS HAYTER OF KENTISH TOWN
29
Page 4, line 12, at end insert—
“( ) an amount in respect of prescribed unearned income calculated as in paragraph (a)”
30
Page 4, line 18, at end insert—
“( ) The Secretary of State shall conduct a review into the impact of a taper rate on claimants and work incentives to conclude one year after the coming into force of this Act, and shall publish the reviews to both Houses of Parliament.”
LORD KIRKWOOD OF KIRKHOPE
30A
Page 4, line 21, at end insert—
“( ) The maximum amount to be awarded in each component part of the universal credit in section 1(3) shall be decided annually after consideration of independently researched minimum income standards both before and after the payment of housing costs and council tax.”
30B
Page 4, line 21, at end insert—
“( ) The Secretary of State will commission independent research into the minimum incomes needed for women to live healthily both before they conceive and while they are pregnant and will annually update the results of that research.”
Clause 10
LORD MCKENZIE OF LUTON
BARONESS HAYTER OF KENTISH TOWN
30C
Page 4, line 33, leave out “may” and insert “shall”
BARONESS TYLER OF ENFIELD
LORD KIRKWOOD OF KIRKHOPE
BARONESS THOMAS OF WINCHESTER
LORD GERMAN
31
Page 4, line 34, at end insert—
“(2A) Regulations are to make provision for the inclusion of an additional amount in respect of any reasonable costs incurred by a claimant in respect of the provision of relevant registered childcare for such a child or qualifying young person.
(2B) In subsection (2A), in making provision for the level of reasonable costs of childcare to be added, consideration must be given to any differences in the level of childcare costs between different areas.
(2C) In subsection (2A) “relevant registered childcare” means registered childcare reasonably required as a consequence of the claimant working for earned income.”
LORD MCKENZIE OF LUTON
BARONESS HAYTER OF KENTISH TOWN
31A
Page 4, line 34, at end insert—
“( ) Regulations shall make provision for the inclusion of an additional amount if such a child or qualifying young person is severely disabled, in addition to the amount referred to in subsection (2).”
LORD NORTHBOURNE
31B*
Page 4, line 34, at end insert—
“( ) Regulations may make provision for the inclusion of an additional amount if the responsible carer has a prescribed qualification for the care of children, or is prepared to attend a prescribed course on parenting skills and the parenting needs of young children.”
BARONESS TYLER OF ENFIELD
BARONESS THOMAS OF WINCHESTER
LORD STONEHAM OF DROXFORD
32
Page 4, line 36, at end insert “but amounts included under subsection (2) will include—
(a) a “higher disability addition” if the child or qualifying young person receives the middle or higher rate care component of disability living allowance (or equivalent of the personal independence payment), or
(b) a “disability addition” if the child or qualifying young person receives any component of disability living allowance (or equivalent of the personal independence payment), except when receiving the middle or high rate care component”
33
Page 4, line 36, at end insert “but these amounts should be no less than the additional amounts provided under the benefits and tax credits system prior to the introduction of the universal credit”
LORD MCKENZIE OF LUTON
BARONESS HAYTER OF KENTISH TOWN
33A
Page 4, line 36, at end insert “, subject to these amounts being not less than the additional support for disabled children provided through benefits and tax credits, prior to the introduction of universal credit”
Clause 11
BARONESS HOLLIS OF HEIGHAM
34
Page 5, line 14, after second “payments” insert “and council tax”
LORD RIX
35
Page 5, line 21, at end insert—
“(3A) Regulations under subsection (3)(a) must ensure that payment for mortgage interest is and continues to be made available long-term for people acquiring a home via the Home Ownership for People with Long-term Disabilities (HOLD) scheme.”
LORD KIRKWOOD OF KIRKHOPE
LORD KENNEDY OF SOUTHWARK
36
Page 5, line 22, leave out subsection (4) and insert—
“(4) For the purposes of subsection (1), the appropriate amount of housing costs (in this section referred to as “the appropriate amount”) is determined in accordance with subsections (4A) to (4I).
(4A) Regulations shall prescribe the manner in which the appropriate amount is to be determined.
(4B) In relation to rents chargeable in respect of properties let by local housing authorities and by private registered providers of social housing, the appropriate amount shall be 100% of the rent.
(4C) For the purposes of subsection (4B), “rent” means the contractual rent or other payment in respect of the occupation of residential premises due under a letting agreement, subject to deduction only of any amounts payable in respect of water rates and heating and any other payments not related to the provision of adequate accommodation.
(4D) Subject to subsection (4B), the regulations shall provide for the appropriate amount to be ascertained in the prescribed manner by reference to rent officer determinations.
(4E) The regulations may require an authority administering claims for housing costs in any prescribed case—
(a) to apply for a rent officer determination, and
(b) to do so within such time as may be specified in the regulations.
(4F) The regulations shall make provision for the level of rent officer determinations in respect of each prescribed description of property in the locality to be reviewed on a monthly basis.
(4G) For the purpose of subsection (4F), the “locality” means such area as may be ascertained in accordance with the regulations.
(4H) The regulations may make provision as to the circumstances in which, for the purpose of determining the appropriate amount, the amount of the liability mentioned in subsection (1) must be taken to be the amount of a rent officer determination instead of the actual amount of that liability.
(4I) A rent officer determination is a determination made by a rent officer in the exercise of functions under section 122 of the Housing Act 1996.”
BARONESS HOLLIS OF HEIGHAM
37
Page 5, line 23, at end insert—
“(4A) Regulations shall provide that any deduction or deductions to be made from the housing costs element of universal credit in respect of non-dependant members of the household shall not exceed 50 per cent of such amount.”
LORD KIRKWOOD OF KIRKHOPE
LORD MCKENZIE OF LUTON
LORD KENNEDY OF SOUTHWARK
38
Page 5, line 29, at end insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a person has provided the relevant authority with such certificates, documents, information or evidence as are sufficient to satisfy the authority that the person is disabled and is living in a property specially adapted or particularly suited to meet the needs of that person.”
39
Page 5, line 29, at end insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a person in the household is in receipt of any component of Disability Living Allowance or (as the case may be) of personal independence payment.”
LORD KIRKWOOD OF KIRKHOPE
LORD KENNEDY OF SOUTHWARK
40
Page 5, line 29, at end insert—
“(6) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a household is providing a foster care placement.”
LORD MCKENZIE OF LUTON
BARONESS HAYTER OF KENTISH TOWN
[As an amendment to Amendment 40]
41
At end insert—
“(7) Subsection (6) is subject to the provision that the amount of liability will be based upon the type of property reasonably required for a household which is providing or routinely provides foster care placements.”
LORD KIRKWOOD OF KIRKHOPE
LORD MCKENZIE OF LUTON
LORD KENNEDY OF SOUTHWARK
42
Page 5, line 29, at end insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a household is living in supported or sheltered housing.”
43
Page 5, line 29, at end insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a person has no means of avoiding a universal credit reduction for under-occupying a property let by a local housing authority or private registered provider of social housing because no suitable alternative social rented sector accommodation is available in the locality.”
LORD KIRKWOOD OF KIRKHOPE
LORD KENNEDY OF SOUTHWARK
44
Page 5, line 29, at end insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a household has no more than one spare bedroom.”
BARONESS HOLLIS OF HEIGHAM
45
Page 5, line 29, at end insert—
“(6) Regulations shall provide that where the award for housing costs is restricted to the shared accommodation rate, this shall not apply to any claimant who—
(a) is severely disabled;
(b) is a care leaver aged under 22 years;
(c) has resided in a homelessness hostel and received housing support for a period of at least three months;
(d) is considered a risk to others;
(e) is pregnant;
(f) is considered vulnerable as a result of mental illness, or mental or physical disability, or other special reason;
(g) is considered vulnerable by reason of violence from another person or threats of violence from another person which are likely to be carried out;
(h) is considered vulnerable as a consequence of previous homelessness, drug or alcohol addiction;
(i) is considered vulnerable as a consequence of their institutional background;
(j) is a non-resident parent and it is considered that living in shared accommodation would adversely affect his relationship with his or her child or children.”
46
Page 5, line 29, at end insert—
“(6) Regulations shall provide that where the award for housing costs is restricted to the shared accommodation rate, this shall not apply for a period of 52 weeks for any claimant who was able to meet the financial commitments for his dwelling when they were entered into unless that dwelling is shared accommodation.
(7) Subsection (6) shall not apply where a claimant was previously entitled to benefit in respect of an award of housing benefit which fell wholly or partly less than 52 weeks before the commencement of the claimant’s current award of housing benefit.”
BARONESS HOLLIS OF HEIGHAM
LORD BEST
47
Page 5, line 29, at end insert—
“(6) Regulations shall provide that the Secretary of State for Work and Pensions will review not less than every two years the relationship between housing costs in the private rented sector and the level of the housing component of universal credit.
(7) Regulations shall provide that the Secretary of State for Work and Pensions must amend the calculation of housing costs where this is necessary to ensure that at least the 30th percentile of the list of private rented properties in each locality remains affordable to claimants, in light of the review under subsection (6).”
BARONESS HOLLIS OF HEIGHAM
48
Page 5, line 29, at end insert—
“( ) Regulations shall provide that it is the duty of the landlord to provide suitable alternative accommodation for tenants of social housing on housing benefit who are under-occupying their present accommodation; and that if such suitable alternative accommodation is not offered by or available from the social landlord or consortium of social landlords, then the tenant shall continue to receive his or her housing benefit as previously awarded.
( ) Regulations shall exclude from any reduction in housing benefit due to under-occupying those tenants whose present accommodation has been significantly adapted to meet their disability needs.”
LORD KENNEDY OF SOUTHWARK
Lord Kennedy of Southwark gives notice of his intention to oppose the Question that Clause 11 stand part of the Bill
After Clause 11
LORD BEST
BARONESS MEACHER
LORD KENNEDY OF SOUTHWARK
49
Insert the following new Clause—
“Payment of housing costs
(1) This section applies to payments of the housing cost element of the universal credit.
(2) Payment of the housing costs element of the universal credit must be made to a person’s landlord where that person has requested or consented to such payment in agreement with their landlord.
(3) Regulations made by the Secretary of State may prescribe the circumstances in which subsection (2) does not apply.
(4) Regulations made by the Secretary of State shall prescribe the person who is to be treated as the landlord for the purposes of this section and shall make provision as to the discharge of liability consequent upon the making of any payments to the landlord.”
Clause 12
BARONESS TYLER OF ENFIELD
BARONESS THOMAS OF WINCHESTER
LORD GERMAN
LORD STONEHAM OF DROXFORD
50
Page 5, line 38, at end insert—
“(d) the fact that a claimant is a severely disabled person with no non-dependent aged 18 or over normally residing with that person and no one receiving carer’s allowance for looking after him or her.”
BARONESS GREENGROSS
50A
Page 5, line 38, at end insert—
“( ) the fact that a claimant has reached the qualifying age for state pension credit.”
After Clause 12
LORD KIRKWOOD OF KIRKHOPE
51
Insert the following new Clause—
“Childcare costs in the universal credit
(1) The amount in respect of other particular needs or circumstance, under section 12, shall include a childcare element for claimants who are in work, except in prescribed circumstances.
(2) The maximum award of the childcare element shall be a prescribed proportion of childcare costs (not less than 80 per cent, or 90 per cent where the element contributes to care for a disabled child), up to a prescribed maximum value (not less than £175 per week for one child and £300 for two or more children).
(3) “Children charges” are charges of a prescribed description incurred in respect of childcare by the claimant or claimants by whom a universal claim is made.
(4) “Childcare”, in relation to a person or persons, means care provided—
(a) for any child up to the last day in the week in which 1 September falls following the child’s 15th birthday or their 16th birthday if they are disabled, for whom the person is responsible, or for whom either or both of the persons is or are responsible; and
(b) by a person of a prescribed description.
(5) For the purposes of this section, regulations are to provide for a definition of “work”.”
LORD MCKENZIE OF LUTON
BARONESS HAYTER OF KENTISH TOWN
[As an amendment to Amendment 51]
51A
Line 19, at end insert—
“( ) Except in prescribed circumstances, the childcare element shall not be paid where a claimant is in work for fewer than a prescribed number of hours per week or, in the case of a couple, where one or both of the claimants are in work for fewer than a prescribed number of hours per week.”
LORD MCKENZIE OF LUTON
BARONESS HAYTER OF KENTISH TOWN
51B
Insert the following new Clause—
“School meals
(1) The amount in respect of other particular needs or circumstances, under section 12, shall include an amount in respect of school meals for any dependents of the claimant.
(2) The maximum award of the amount under this section shall be 100% of the cost that the claimant would expect to incur in respect of school meals, up to a prescribed maximum value per child.
(3) Regulations shall specify the circumstances under which a claimant shall be entitled to an amount under this section.
(4) Under no circumstances shall any amount payable under this section be included in the “relevant amount” specified in section 93(5) of this Act.”
51C
Insert the following new Clause—
“Health costs
(1) The amount in respect of other needs or circumstances, under section 12 of this Act, shall include an amount in respect of health costs.
(2) The maximum award of the amount under this section shall be 100% of the cost that the claimant would expect to incur in respect of prescribed health costs such as prescription, dental and optical charges, up to a prescribed maximum value.
(3) Regulations shall specify the circumstances under which a claimant shall be entitled to an amount under this section.
(4) Under no circumstances shall any amount payable under this section be included in the “relevant amount” specified in section 93(5) of this Act.”
Clause 19
BARONESS DRAKE
51D
Page 9, line 16, at end insert—
“(e) the claimant is a family and friends carer who takes on the care of a child—
(i) where the child comes to live with the carer as a result of—
(a) plans made under a child protection inquiry in accordance with section 47 of the Children Act 1989;
(b) inquiries in accordance with section 53 of the Children (Scotland) Act 1995; or
(c) an investigation in accordance with section 37 of the Children Act 1989;
and the local authority states that the child cannot remain with the parents in the current circumstances;
(ii) where the carer has secured a residence order, including a residence order under section 11 of the Children (Scotland) Act 1995, or special guardianship order—
(a) to avoid a child being looked after where there is professional evidence of the impairment of the parents’ ability to care for the child;
(b) arising out of care proceedings;
(c) following the accommodation of a child; or
(d) following the death or serious illness of a parent;
(iii) where the carer is an approved kinship carer in accordance with Part V of the Looked After Children (Scotland) Regulations 2009; or
(iv) where the child would suffer undue hardship if the exemption did not apply.
(2A) Subsection (2)(e) applies for the first year of the claimant being the child’s carer.”
LORD NORTHBOURNE
51E
Page 9, line 30, at end insert—
“( ) a person who understands or is prepared to make a commitment to learn about the care and parenting needs of a child within the age group of the child for whom he or she is going to care,”
Clause 24
LORD NORTHBOURNE
51F
Page 11, line 24, at end insert—
“( ) The matters prescribed under subsection (2) shall include the well-being of any child whose life or care may be affected by the requirements of this section.”
Clause 30
LORD KENNEDY OF SOUTHWARK
51G*
Page 15, line 15, after “sections” insert “11 and”
51H*
Page 15, line 21, at end insert—
“( ) effective, face-to-face delivery to ensure that the universal credit is provided correctly the first time in relation to housing costs,
( ) the role of local authorities in assisting the administration of the universal credit.”
After Clause 30
LORD KIRKWOOD OF KIRKHOPE
52
Insert the following new Clause—
“Universal credit: transitional provisions
Nothing in this Part will reduce current benefit entitlement available to claimants until after the transitional protection provisions commence 12 months after this Act is passed.”
Schedule 1
LORD MCKENZIE OF LUTON
BARONESS HAYTER OF KENTISH TOWN
BARONESS DRAKE
52A
Page 107, line 9, at end insert “whether for a limited period or otherwise”
BARONESS HOWE OF IDLICOTE
52B
Page 107, line 20, at end insert “and this will include an additional prescribed minimum level of earned income for claimants in receipt of the universal credit additional amount for caring responsibilities, and will be paid in addition to any other prescribed minimum level”
Schedule 2
LORD MCKENZIE OF LUTON
BARONESS HAYTER OF KENTISH TOWN
53
Page 118, line 35, leave out paragraph 64
Clause 34
LORD KENNEDY OF SOUTHWARK
53A*
Page 16, line 27, leave out paragraph (d)
53B*
Page 16, line 27, at end insert “from 1st October 2017”
Clause 35
BARONESS HOLLIS OF HEIGHAM
54
Page 16, line 39, after “benefit” insert “and council tax benefit”
Schedule 4
BARONESS HOLLIS OF HEIGHAM
55
Page 123, line 17, after second “payments” insert “and council tax”
Schedule 6
LORD KENNEDY OF SOUTHWARK
55A*
Page 127, line 24, at end insert—
“( ) The provision referred to in paragraph 1(1) includes provision for the Secretary of State to publish a report on how a claim involving the housing cost element of universal credit can be made before the appointed day without local authority or face-to-face assistance.”
55B*
Page 127, line 24, at end insert—
“( ) The provision referred to in paragraph 1(1) includes provision for the Secretary of State to satisfy himself or herself that an appropriate pilot has been conducted on how a claim involving the housing cost element of universal credit can be made before the appointed day without local authority or face-to-face assistance.”
After Clause 41
LORD KIRKWOOD OF KIRKHOPE
BARONESS MEACHER
56
Insert the following new Clause—
“Benefit regulator
Nothing in this Part shall be introduced until a claimant regulatory authority is established to oversee the professional standards being observed by those government departments and other agencies delivering universal credit and other benefits.”
Clause 43
LORD FREUD
57
Page 20, line 9, at end insert—
“( ) section 4(7) (acceptance of claimant commitment);”
58
Page 20, line 12, leave out from “9(2)” to end of line 13 and insert “and (3) (standard allowance)”
LORD GERMAN
59
Page 20, line 13, at end insert—
“( ) section 9(3) (standard allowance: exceptions);”
LORD FREUD
60
Page 20, line 14, leave out from “10(3)” to end of line 15 and insert “and (4) (children and young persons element)”
LORD GERMAN
61
Page 20, line 15, at end insert—
“( ) section 10(4) (responsibility for children and young persons: exceptions);”
LORD FREUD
62
Page 20, line 17, at end insert—
“( ) section 18(3) and (5) (work availability requirement);”
LORD GERMAN
63
Page 20, line 18, leave out paragraph (g)
64
Page 20, line 20, leave out paragraph (i)
65
Page 20, line 23, at end insert—
“( ) A statutory instrument containing regulations made by the Secretary of State under this Part by virtue of section 4(7) (basic conditions), alone or with other regulations, is subject to the affirmative resolution procedure.”
66
Page 20, line 23, at end insert—
“( ) A statutory instrument containing regulations made by the Secretary of State under this Part by virtue of section 6(1)(a) (restrictions on entitlement), alone or with other regulations, is subject to the affirmative resolution procedure.”
67
Page 20, line 23, at end insert—
“( ) A statutory instrument containing regulations made by the Secretary of State under this Part by virtue of section 18 (work availability requirement), alone or with other regulations, is subject to the affirmative resolution procedure.”
68
Page 20, line 23, at end insert—
“( ) A statutory instrument containing regulations made by the Secretary of State under this Part by virtue of section 19(2)(d) (claimants subject to no work-related requirement), alone or with other regulations, is subject to the affirmative resolution procedure.”
69
Page 20, line 23, at end insert—
“( ) A statutory instrument containing regulations made by the Secretary of State under this Part by virtue of section 28 (hardship payments), alone or with other regulations, is subject to the affirmative resolution procedure.”
70
Page 20, line 42, leave out “made by the Scottish Ministers”
After Clause 43
LORD KIRKWOOD OF KIRKHOPE
71
Insert the following new Clause—
“Universal credit: requirement for simplicity
Nothing in the regulations giving effect to this Part shall introduce avoidable complexity to the claiming, calculation or payment of universal credit.”
LORD KENNEDY OF SOUTHWARK
71A*
Insert the following new Clause—
“Transferring staff to government departments
Staff transferring from local authorities to relevant government departments to—
(a) administer housing costs,
(b) administer the housing element of pension credit, or
(c) to detect fraud,
shall do so under the Transfer of Undertakings Protection of Employment (TUPE) Regulations 2006.”
71B*
Insert the following new Clause—
“Transferring staff to government departments (No. 2)
Local authorities shall be able to claim compensation from the relevant government department for any commercial contract penalties, staffing costs and other new burdens associated with the transfer of any housing cost administration and fraud detection work, under a scheme to be drawn up by the Secretary of State.”
Clause 47
LORD GERMAN
The Lord German gives notice of his intention to oppose the Question that Clause 47 stand part of the Bill.
Clause 51
LORD FREUD
72
Page 36, leave out lines 31 to 35 and insert—
“(3) In calculating for the purposes of subsection (1) the length of the period for which a person is entitled to a contributory allowance, the following are not to be counted—
(a) days in which the person is a member of the support group,
(b) days not falling within paragraph (a) in respect of which the person is entitled to the support component referred to in section 2(1)(b), and
(c) days in the assessment phase, where the days immediately following that phase fall within paragraph (a) or (b).
(4) In calculating for the purposes of subsection (1) the length of the period for which a person is entitled to a contributory allowance, days occurring before the coming into force of this section are to be counted (as well as those occurring afterwards).””
LORD PATEL
BARONESS LISTER OF BURTERSETT
LORD CRISP
BARONESS MORGAN OF DREFELIN
73
Page 36, leave out lines 32 and 33 and insert—
“(a) does not include any days occurring before the coming into force of this section.”
74
Page 36, line 35, at end insert—
“(c) does not include any days during the 13-week assessment phase”
75
Page 36, line 35, at end insert—
“(4) The period of days referred to in subsection (1) shall restart following any period in which a person is a member of the support group.”
LORD PATEL
BARONESS LISTER OF BURTERSETT
LORD CRISP
The above-named Lords give notice of their intention to oppose the Question that Clause 51 stand part of the Bill.
Clause 52
LORD FREUD
76
Page 37, line 10, leave out subsection (5) and insert—
“(5) In calculating for the purposes of subsection (4) the length of the period for which a person is entitled to an employment and support allowance, the following are not to be counted—
(a) days in which the person is a member of the support group (within the meaning of Part 1 of the Welfare Reform Act 2007),
(b) days not falling within paragraph (a) in respect of which the person is entitled to the support component referred to in section 2(1)(b) of the Welfare Reform Act 2007, and
(c) days in the assessment phase (within the meaning of Part 1 of the Welfare Reform Act 2007), where the days immediately following that phase fall within paragraph (a) or (b).
(6) In calculating for the purposes of subsection (4) the length of the period for which a person is entitled to an employment and support allowance, days occurring before the coming into force of this section are to be counted (as well as those occurring afterwards).”
Clause 68
LORD GERMAN
77
Page 52, line 36, at end insert—
“( ) A statutory instrument containing the first regulations made by the Secretary of State under subsection (3), (5) or (6), alone or with other regulations, is subject to the affirmative resolution procedure.”
LORD FREUD
78
Page 52, line 36, at end insert—
“( ) In section 176(1) of that Act (Parliamentary control), after paragraph (aa) there is inserted—
“(ab) the first regulations made by virtue of section 130A(5) or (6);”.
LORD KIRKWOOD OF KIRKHOPE
LORD RIX
LORD BEST
BARONESS MEACHER
79
Page 52, line 36, at end insert—
“( ) After subsection (7) insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a person has provided the relevant authority with such certificates, documents, information or evidence as are sufficient to satisfy the authority that the person is disabled and is living in a property specially adapted or particularly suited to meet the needs of that person.””
80
Page 52, line 36, at end insert—
“( ) After subsection (7) insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a person in the household is in receipt of any component of Disability Living Allowance or (as the case may be) of personal independence payment.””
81
Page 52, line 36, at end insert—
“( ) After subsection (7) insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a household is providing a foster care placement.””
82
Page 52, line 36, at end insert—
“( ) After subsection (7) insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a household is living in supported or sheltered housing.””
83
Page 52, line 36, at end insert—
“( ) After subsection (7) insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a person has no means of avoiding a housing benefit reduction for under-occupying a property let by a local housing authority or private registered provider of social housing because no suitable alternative social rented sector accommodation is available in the locality.””
84
Page 52, line 36, at end insert—
“(4) After subsection (7) insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a household has no more than one spare bedroom.””
THE EARL OF LISTOWEL
85
Page 52, line 36, at end insert—
“( ) After subsection (7) insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a household is awaiting for a child to be returned from the care of a local authority.””
86
Page 52, line 36, at end insert—
“( ) After subsection (7) insert—
“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a household is providing accommodation to a care-leaver.””
Clause 79
BARONESS THOMAS OF WINCHESTER
86A
Page 57, line 26, leave out “6” and insert “3”
86B
Page 57, line 30, leave out “6” and insert “9”
86C
Page 57, line 42, leave out from “previous” to second “months” and insert “3 months” means the 3”
86D
Page 57, line 44, leave out from “next” to second “months” and insert “9 months” means the 9”
Clause 86
LORD RIX
87
Page 60, line 17, at end insert “biennially for the first six years after those sections come into force”
88
Page 60, line 18, leave out “3” and insert “2”
Schedule 9
LORD FREUD
89
Page 133, line 10, leave out from beginning to end of line 28 on page 134
90
Page 137, line 35, leave out from beginning to end of line 9 on page 140
91
Page 141, line 1, after “paragraph 3” insert “—
(a) in paragraph (f), the final “or” is repealed;”
92
Page 141, line 4, at end insert—
“(i) section 84 of that Act.”
93
Page 141, leave out lines 12 to 16
94
Page 141, line 37, leave out paragraph 62
95
Page 142, leave out lines 9 to 34
Clause 91
LORD GERMAN
96
Page 61, line 30, at end insert—
“( ) A statutory instrument containing (whether alone or with other provision) regulations made under section 76(4) or 77(4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
LORD FREUD
97
Page 61, line 32, leave out “either or both” and insert “any”
98
Page 61, line 32, at end insert—
“( ) the first regulations under section 76(4) or 77(4);”
LORD GERMAN
99
Page 61, line 41, leave out “made by the Scottish Ministers”
Clause 94
LORD FREUD
100
Page 63, line 31, at end insert—
“( ) A statutory instrument containing the first regulations under section 93 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.”
LORD GERMAN
101
Page 63, line 32, leave out subsection (3) and insert—
“( ) A statutory instrument containing (whether alone or with other provision) regulations made under section 93 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
LORD FREUD
102
Page 63, line 32, after “containing” insert “other”
After Clause 98
LORD RAMSBOTHAM
103
Insert the following new Clause—
“Benefits payments to prisoners
(1) Regulations shall provide that a person undergoing imprisonment or detention in legal custody who, at the time that imprisonment or custody commences, is in receipt of any of the qualifying benefits, shall be assessed, during his time in imprisonment or custody, for eligibility for those benefits at the time of his release from imprisonment or custody.
(2) For the purposes of this section, the qualifying benefits are—
(a) universal credit;
(b) jobseeker’s allowance;
(c) employment and support allowance;
(d) income support;
(e) personal independence payment, to the extent provided for in regulations made under section 84 (prisoners) above; and
(f) any other benefits provided for in regulations made under this section.
(3) Regulations made under this section shall provide that the assessment required under subsection (1) shall commence as soon as a person is received into imprisonment or custody.
(4) Regulations shall in particular provide that a person appointed by the Secretary of State shall record, at the time a person is received into imprisonment or custody, details of any qualifying benefits which are in payment at that time, together with any personal information needed to establish the person’s identity, including but not limited to their national insurance number.
(5) An assessment of eligibility under subsection (1) shall be completed in such time as to ensure that the person assessed receives payment of any benefits for which he is assessed as being eligible no later than one week after his release from imprisonment or custody.
(6) Regulations under this section shall be made by the Secretary of State and shall be subject to the affirmative resolution procedure.”
Clause 109
LORD KENNEDY OF SOUTHWARK
103A*
Page 76, line 46, at end insert—
“( ) The Secretary of State shall consult with local authorities and other interested parties on the likely costs and impact of the implementation of subsection (2).”
Clause 111
LORD FREUD
104
Page 78, line 12, at end insert—
“(2) In section 190 of that Act (parliamentary control of orders and regulations), in subsection (1), before paragraph (za) insert—
“(zza) an order under section 115A(3B);”.”
Clause 113
LORD FREUD
105
Page 80, line 16, at end insert—
“(2) In section 190 of that Act (parliamentary control of orders and regulations), in subsection (1), before paragraph (za) insert—
“(zzb) regulations under section 115C(2) or 115D(1) or (2);”.”
LORD GERMAN
106
Page 80, line 16, at end insert—
“( ) A statutory instrument containing (whether alone or with other provision) regulations made under section 115C or 115D above may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
After Clause 113
LORD RAMSBOTHAM
107
Insert the following new Clause—
“Means inquiry before sanctions, penalties and recovery of overpayments are imposed
(1) In respect of the imposition of an overpayment or sanction under the Jobseeker’s Act 1995 or any other provision or in the case of a penalty imposed under section 115C of the Social Security Administration Act 1992, the Secretary of State shall consider—
(a) evidence of the physical condition of the claimant and his or her state of health;
(b) evidence of the psychological state of health of the claimant;
(c) evidence relating to the means and income of the claimant;
(d) evidence relating to the accommodation occupied by the claimant and the effect that the imposition of a sanction or penalty may have on the right to occupy such accommodation;
(e) the family circumstances of the claimant and the impact that it may have on other family members and dependents;
(f) evidence of the impact that a sanction or penalty may have on the ability of the claimant to fulfil obligations to third parties including those relating to the fulfilment of benefit entitlement conditions,
before deciding whether to impose a sanction or penalty and shall only do so where, having considered all the relevant circumstances, it is reasonable to do so.
(2) Regarding evidence as to means the Secretary of State must consider—
(a) the income of the claimant;
(b) the capital of the claimant;
(c) the expenditure of the claimant.
(3) In order to facilitate the enquiry into the matters set out in subsection (1), the Secretary of State or authority may—
(a) arrange for a medical examination of the claimant;
(b) obtain information from any agency holding relevant information on the income and resources of the claimant;
(c) receive evidence from any other person or persons with a knowledge of the circumstances of the claimant;
(4) A person who is subject to a penalty may appeal to a tribunal (lower tier) against the imposition of such a penalty.”
Clause 126
LORD FREUD
108
Page 96, line 20, leave out second “prescribed” and insert “relevant social security”
109
Page 97, line 35, leave out subsection (12)
110
Page 97, line 45, leave out from beginning to end of line 2 on page 98
111
Page 98, line 8, at end insert—
““relevant information” means information relating to—
(a) any relevant social security benefit, or
(b) welfare services;
“relevant social security benefit” has the meaning given in section 121DA(7) of the Social Security Administration Act 1992;”
112
Page 98, line 16, at end insert—
““welfare services” includes services which provide accommodation, support, assistance, advice or counselling to individuals with particular needs, and for these purposes “assistance” includes assistance by means of a grant or loan or the provision of goods or services.”
After Clause 129
LORD KIRKWOOD OF KIRKHOPE
113
Insert the following new Clause—
“Office for Social Protection
An Office for Social Protection shall be established to examine and report on the adequacy and sustainability of contributory, means-tested and other social security benefits, conditions relating to entitlement, and appeals mechanisms within the social security system.”
Clause 133
LORD FREUD
114
Insert the following new Clause—
“Recovery of child support maintenance by deduction from benefit
In section 43 of the Child Support Act 1991 (as substituted by the Child Support, Pensions and Social Security Act 2000), for subsections (1) and (2) there is substituted—
“(1) The power of the Secretary of State to make regulations under section 5 of the Social Security Administration Act 1992 by virtue of subsection (1)(p) of that section may be exercised with a view to securing the making of payments in respect of child support maintenance by a non-resident parent.
(2) The reference in subsection (1) to the making of payments in respect of child support maintenance includes the recovery of—
(a) arrears of child support maintenance, and
(b) fees payable under section 6 of the Child Maintenance and Other Payments Act 2008.””
After Clause 135
THE EARL OF LISTOWEL
114A
Insert the following new Clause—
“Training of Job Centre Plus staff
(1) The Secretary of State shall make arrangements for the development of skills of staff in Job Centre Plus and other offices where claims for any benefits payable under this Act are awarded or where the needs of claimants for any of those benefits are assessed.
(2) In making arrangements under subsection (1), the Secretary of State shall ensure that due attention is paid to the need to ensure that staff have the experience and expertise necessary to perform their duties.
(3) The Secretary of State shall prepare and lay before Parliament a report on whether arrangements under subsection (1) can be more effectively made if the staff concerned transfer to a non-departmental public body or to any other form of organisation the Secretary of State thinks appropriate.
(4) Arrangements made under subsection (1) shall be made in a statutory instrument subject to approval by resolution in both Houses of Parliament.”
Schedule 14
LORD FREUD
115
Page 173, leave out lines 5 to 10
116
Page 173, leave out lines 21 to 27
117
Page 173, line 34, leave out “(b)” and insert “(a)”
118
Page 174, leave out lines 12 to 17
Clause 140
LORD KENNEDY OF SOUTHWARK
119*
Page 104, line 43, at end insert—
“( ) The Regulations referred to in Section 11 shall come into force on 1 October 2017.”
120*
Page 104, line 43, at end insert—
“( ) Section 35 shall come into force on 1 October 2017.”
©Parliamentary copyright
Prepared 5th October 2011
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