House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

161

House of Commons

Notices of Amendments

given on

Thursday 5 May 2011

For other Amendment(s) see the following page(s):

Welfare Reform Bill Committee 146-55, 157 and 159-60

Public Bill Committee

Welfare Reform Bill

Kate Green

205

Clause  93,  page  61,  line  40,  at end insert ‘excepting where they are the parent(s) or

principal carer(s) of a child who is the subject of a child protection plan, a Children in

Need assessment or Common Assessment Framework Team Around the Child’.

Kate Green

206

Clause  93,  page  62,  line  24,  at end insert—

‘(h)
make provision where there are parent(s) or principal carer(s) of a child

who is the subject of a child protection plan, a Children in Need

assessment or Common Assessment Framework Team Around the

Child.’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

207

Clause  76,  page  55,  line  11,  at end insert—

‘(7)
In section 70, Social Security Contributions and Benefits Act 1992, for subsection

(2) there is substituted—

“(2)
In this section, ‘severely disabled person’ means a person in respect of

whom there is payable either an attendance allowance or a personal

independence payment by virtue of entitlement to the daily living

component at a rate prescribed in regulations, or such other payment out

of public funds on account of his need for attendance as may be

prescribed.”.’.

Notices of Amendments: 5 May 2011
162

Welfare Reform Bill, continued

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

208

Clause  76,  page  54,  line  33,  after ‘condition’, insert ‘or communication needs’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

209

Clause  76,  page  54,  line  37,  after ‘condition’, insert ‘or communication needs’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

210

Clause  77,  page  55,  line  17,  after ‘condition’, insert ‘or communication needs’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

211

Clause  77,  page  55,  line  23,  after ‘condition’, insert ‘or communication needs’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

212

Clause  77,  page  55,  line  39,  leave out from ‘where’ to end of the clause and insert

‘the person is in a coma or vegetative state’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

213

Clause  78,  page  56,  line  5,  after ‘condition’, insert ‘or communication needs’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

214

Clause  78,  page  56,  line  7,  after ‘condition’, insert ‘or communication needs’.

Notices of Amendments: 5 May 2011
163

Welfare Reform Bill, continued

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

215

Clause  78,  page  56,  line  9,  after ‘condition’, insert ‘or communication needs’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

216

Clause  78,  page  56,  line  11,  after ‘condition’, insert ‘or communication needs’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

217

Clause  78,  page  56,  line  40,  at end insert—

‘(7)
The Secretary of State shall ensure that any assessment carried out under this

section is performed by an individual who has access to sufficient skills and

expertise appropriate to the impairment type of the claimant, as defined in

regulations.

(8)
The Secretary of State shall issue clear guidance outlining the needs of different

impairment groups for the use of professionals assessing people under this

section.’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

218

Clause  78,  page  56,  line  40,  at end insert—

‘(9)
Regulations shall exempt people with prescribed medical conditions from the

requirement in subsection (4)(c), including in prescribed circumstances where the

individual is—



(i)
severely mentally impaired;

(ii)
a double amputee;

(iii)
deaf/blind;

(iv)
undergoing haemodialysis;

(v)
severely visually impaired; and/or

(vi)
meets the requirements of special rules set out in Clause 80.’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

219

Clause  78,  page  56,  line  40,  at end insert—

‘(10)
The assessment process specified in Regulations under subsection (3) shall, prior

to its national implementation, be the subject of a pilot, which—

(a)
shall operate in one or more specified areas; and

Notices of Amendments: 5 May 2011
164

Welfare Reform Bill, continued

(b)
shall assess the impact on specific groups of people, including those with

fluctuating conditions and mental health conditions; and

(c)
shall receive a formal response from the Secretary of State.’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

220

Clause  79,  page  56,  line  45,  leave out ‘6’ and insert ‘3’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

221

Clause  79,  page  57,  line  3,  leave out ‘6’ and insert ‘9’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

222

Clause  79,  page  57,  line  15,  leave out from ‘previous’ to second ‘months’ and

insert ‘3 months means the 3’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

223

Clause  79,  page  57,  line  17,  leave out from ‘next’ to second ‘months’ and insert ‘9

months means the 9’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

224

Clause  81,  page  58,  line  6,  at end insert ‘otherwise than by virtue of an award made

before he attains that age.’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

225

Clause  83,  page  58,  line  37,  leave out ‘or a resident of a care home’.

Notices of Amendments: 5 May 2011
165

Welfare Reform Bill, continued

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

226

Clause  83,  page  58,  line  40,  leave out subsection (3).

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

227

Clause  86,  page  59,  line  33,  at end insert ‘at least every two years for at least six

years after that section comes into force’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

228

Clause  86,  page  59,  line  34,  leave out ‘3’ and insert ‘2’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

229

Clause  91,  page  61,  line  12,  at end insert—

‘(c)
regulations under section 83,’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

230

Clause  91,  page  61,  line  14,  leave out ‘a resolution’ and insert ‘an affirmative

resolution’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

231

Schedule  10,  page  138,  line  36,  at end insert—

‘(3)
The Secretary of State shall not transfer any existing recipients of disability living

allowance to personal independence payment, including under sub-paragraph (1),

until he has—

(a)
published a report about the operation of the personal independence

payment application and assessment process for new claimants; and

(b)
conducted and responded to a consultation about the process that will be

used to transfer existing disability living allowance recipients to personal

independence payment.’.

Notices of Amendments: 5 May 2011
166

Welfare Reform Bill, continued

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

232

Clause  93,  page  61,  line  40,  at end insert—

‘(1A)
The Secretary of State shall not apply a benefit cap on a claimant’s welfare

benefits where the claimant has not received a reasonable offer of a job, except in

prescribed circumstances.’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

233

Clause  93,  page  62,  line  25,  at end insert—

‘(5A)
Regulations under this section must provide for an exemption from the

application of the benefit cap for individuals or couples living in social housing

as defined by section 68 of the Housing and Regeneration Act 2008.’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

234

Clause  93,  page  62,  line  25,  at end insert—

‘(5A)
Regulations under this section must provide for an exemption from the

application of the benefit cap for individuals or couples owed a duty to be

supported with interim or temporary accommodation under sections 188, 190,

193 or 200 of the Housing Act 1996.’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

235

Clause  93,  page  62,  line  25,  at end insert—

‘(5A)
Regulations under this section must provide for an exemption from the

application of the benefit cap for couples or a single person who within a

prescribed period has left work due to redundancy or illness or reasons relating to

the care of a child.’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

236

Clause  93,  page  62,  line  25,  at end insert—

‘(5A)
Regulations under this section must provide for an exemption from the

application of the benefit cap for couples with dependent children who if living

in separate households would have benefit entitlements lower than the relevant

amount.’.

Notices of Amendments: 5 May 2011
167

Welfare Reform Bill, continued

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

237

Clause  93,  page  62,  line  25,  at end insert—

‘(5A)
Regulations under this section must provide for an exemption from the

application of the benefit cap for households where no adult is subject to all work

related requirements as defined in Clause 22.’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

238

Clause  93,  page  62,  line  25,  at end insert—

‘(5A)
Regulations under this section must provide for an exemption from the

application of the benefit cap for families who are worse off in work once

childcare costs are taken into consideration.’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

239

Clause  93,  page  62,  line  27,  after ‘earnings’, insert ‘plus in work benefits which the

average earner might expect to receive’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

240

Clause  93,  page  62,  line  27,  at end insert—

‘(6A)
Regulations under this section must exclude housing benefit and any components

of universal credit that relate to housing costs from the amount specified under

subsection (5).’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

241

Clause  93,  page  62,  line  27,  at end insert—

‘(6A)
Regulations under this section must exclude child benefit, child tax credit, and

any elements or sub-elements of universal credit that are paid in respect of

children, from the amount specified under subsection (5).’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

242

Clause  93,  page  62,  line  27,  at end insert—



© Parliamentary copyright	Revised 6 May 2011