House of Commons Amendments

Session 2010 - 11
Internet Publications
Other Bills before Parliament

67

House of Commons

Notices of Amendments

given on

Tuesday 19 April 2011

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

Welfare Reform Bill Committee 59-66

Public Bill Committee

Welfare Reform Bill

Kate Green

85

Clause  46,  page  23,  line  40,  at end insert—

‘(1A)

(a)
Decision makers employed in Jobcentres and in private jobseeker

contractors shall take into account all relevant facts and circumstances

when considering the imposition of any sanction or penalty on a

claimant;

(b)
The claimant shall provide the decision maker with a statement of

income, expenditure and debts;

(c)
The decision maker may signpost the claimant who has debts to a

relevant adviser;

(d)
A claimant who is mentally or physically ill may provide the decision

taker with written medical evidence from the relevant doctor, consultant

or hospital;

(e)
A claimant who is pregant may provide evidence of a pregnancy test.’.

Matters to be considered before the imposition of a sanction or penalty

Kate Green

NC1

To move the following Clause:—

‘(1)
In respect of the imposition of a 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 or an authority

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;

Notices of Amendments: 19 April 2011
68

Welfare Reform Bill, continued

(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 dependants;

(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.

(2)
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.

(3)
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.

(4)
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 cicumstances of the claimant.

(5)
A person who is subject to a penalty may appeal to a Tribunal (Lower Tier)

against the imposition of such a penalty.’.

Kate Green

86

Clause  49,  page  35,  line  16,  at end insert—

‘6M
Lone Parents

Nothing within these regulations shall supersede the provision set out in the

Jobseeker’s Allowance (Lone Parents) (Availability for Work) Regulations 2010

or the Social Security (Lone Parents and Miscellaneous Amendments”)

Regulations 2008, Clause 11.’.

Kate Green

87

Clause  35,  page  117,  line  20,  at end insert ‘or

(d)
to a child credit;’.

Chris Grayling

88

Clause  33,  page  16,  line  13,  leave out from ‘in’ to ‘an’ in line 15

Chris Grayling

89

Clause  33,  page  16,  line  18,  leave out subsection (5)

Chris Grayling

90

Clause  43,  page  20,  line  4,  after “Part” insert ‘by the Secretary of State or the

Notices of Amendments: 19 April 2011
69

Welfare Reform Bill, continued

Welsh Ministers’

Chris Grayling

91

Clause  43,  page  20,  line  23,  leave out subsection (6)

Chris Grayling

92

Clause  43,  page  20,  line  32,  at end insert—

‘( )
Regulations made by the Scottish Ministers under section 33 are subject to—

(a)
the affirmative procedure, if they contain provision amending or

repealing primary legislation, and

(b)
the negative procedure, in any other case.’

Chris Grayling

93

Clause  45,  page  23,  line  33,  after ‘(1)(a)’ insert ‘and (1A)(a)’

Chris Grayling

Maria Miller

94

Clause  91,  page  61,  line  7,  leave out ‘under this Part’ and insert ‘made under this

Part by the Secretary of State’

Chris Grayling

Maria Miller

95

Clause  91,  page  61,  line  15,  leave out subsection (7)

Chris Grayling

Maria Miller

96

Clause  91,  page  61,  line  25,  at end insert—

‘( )
Regulations made by the Scottish Ministers under section 89 are subject to—

(a)
the affirmative procedure, if they contain provision amending or

repealing primary legislation (within the meaning of that section), and

(b)
the negative procedure, in any other case.’

Chris Grayling

97

Schedule  3,  page  114,  line  12,  at end insert—

‘4A
In section 7 (relationship between benefits), in subsection (3), for “subsections

(1) and (2)” there is substituted “subsection (1)”.’

Chris Grayling

98

Schedule  3,  page  116,  line  27,  at end insert—

‘23A (1)
Section 27 (financial provisions) is amended as follows.

      (2)
In subsection (1), for the words from “so much of” to the end there is

substituted “any sums payable by way of employment and support allowance”.

      (3)
In subsection (3), for “contributory” there is substituted “employment and

support”.’

Notices of Amendments: 19 April 2011
70

Welfare Reform Bill, continued

Chris Grayling

99

Schedule  3,  page  116,  line  35,  leave out paragraph (e)

Chris Grayling

100

Schedule  13,  page  146,  leave out line 29 and insert—

‘Section 6.

In section 7—

(a)
in the heading, the words “community

charge benefits and other”;

(b)
subsection (2), so far as not otherwise

repealed;

(c)
subsection (3)(b) and the preceding “and”.’

Chris Grayling

101

Schedule  13,  page  152,  leave out line 8

Chris Grayling

102

Schedule  13,  page  154,  line  32,  at end insert—

‘( )
in subsection (2)(a), “Part 1 of”;’.

Chris Grayling

103

Schedule  13,  page  155,  line  3,  at end insert ‘and (4)’

Chris Grayling

104

Schedule  13,  page  155,  line  20,  at end insert ‘, so far as not otherwise repealed’

Chris Grayling

105

Schedule  13,  page  157,  line  28,  leave out ‘8(2A)’ and insert ‘8(2)(ca) and (d),

(2A)’

Chris Grayling

106

Schedule  13,  page  158,  line  10,  at end insert ‘and (7) and (8)’

Chris Grayling

107

Schedule  13,  page  158,  line  18,  at end insert—

‘(c)
the definition of “training”.’

Chris Grayling

108

Schedule  13,  page  158,  line  21,  leave out ‘and (b)’

Notices of Amendments: 19 April 2011
71

Welfare Reform Bill, continued

Chris Grayling

109

Schedule  13,  page  158,  line  43,  leave out from beginning to end of line 44

Chris Grayling

110

Schedule  13,  page  163,  line  30,  second column, at beginning insert—

‘Section 7(2)(a).’

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

111

Clause  26,  page  13,  line  8,  at end add—

‘(9)
Under no circumstances shall the Secretary of State allow any targets to be set

which would increase the number or value of sanctions issued under this

section.’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

112

Clause  27,  page  14,  line  4,  at end add—

‘(10)
Under no circumstances shall the Secretary of State allow any targets to be set

which would increase the number or value of sanctions issued under this

section.’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

113

Clause  26,  page  12,  line  29,  leave out ‘at any time’ and insert ‘within a prescribed

period’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

114

Clause  26,  page  13,  line  8,  at end insert—

‘(9)
Where only one member of a couple attracts a sanction under this section,

regulations must make provision for the second member of the couple to continue

to receive an appropriate share, except in such circumstances as may be

prescribed.’.

Notices of Amendments: 19 April 2011
72

Welfare Reform Bill, continued

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

115

Clause  27,  page  14,  line  4,  at end insert—

‘(10)
Where only one member of a couple attracts a sanction under this section,

regulations must make provision for the second member of the couple to continue

to receive an appropriate share, except in such circumstances as may be

prescribed.’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

116

Schedule  2,  page  104,  line  15,  at end insert—

‘6A In section 711, subsection (11), after paragraph (f) add—

“(g)
univeral credit.”.’.

Sums to be deducted in calculating recoverable overpayments

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

NC2

To move the following Clause:—

‘In calculating the amount of a recoverable overpayment, there shall be deducted

any amount of universal credit which should have been payable during the

overpayment period on the basis of the claim as presented, or on the basis of the

claim had any misrepresentation or non-disclosure been remedied before the

decision.’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

117

Schedule  2,  page  113,  line  35,  leave out paragraph 64.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

118

Schedule  4,  page  117,  line  20,  at end insert ‘or

(d)
to a child credit;’.

Notices of Amendments: 19 April 2011
73

Welfare Reform Bill, continued

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

119

Schedule  6,  page  122,  line  46,  leave out ‘may’ and insert ‘must’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

120

Schedule  6,  page  123,  line  7,  at end insert—

‘(c)
any award made under this subsection shall be uprated at the same rate as

other universal credit awards.’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

121

Schedule  6,  page  123,  line  7,  at end insert—

‘(4)
Where the award for universal credit is set by virtue of subsection (3), these

arrangements will be maintained except in prescribed circumstances.’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

122

Schedule  6,  page  121,  line  23,  at end insert—

‘(4)
Before he has fixed the appointed day, the Secretary of State shall initiate and

respond to a consultation on the treatment within universal credit of the

following—

(a)
childcare provision,

(b)
eligibility for passported benefits, including free school meals and free

medical prescriptions,

(c)
the treatment of the self-employed, and

(d)
the treatment of savings income.’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

123

Schedule  6,  page  121,  line  23,  at end insert—

‘(4)
Before he has fixed the appointed day, the Secretary of State shall satisfy himself

on the basis of an appropriate pilot that the system for Universal Credit functions

satisfactorily.’.



© Parliamentary copyright	Revised 20 April 2011