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| | Clause 49, page 34, line 12, at end insert— |
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| | | ‘(12) | Regulations will provide for an appeal mechanism.’. |
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| | Clause 49, page 35, line 16, at end insert— |
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| | | Nothing within these regulations shall supersede the provision set out in the |
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| | | Jobseeker’s Allowance (Lone Parents) (Availability for Work) Regulations 2010 |
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| | | or the Social Security (Lone Parents and Miscellaneous Amendments”) |
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| | | Regulations 2008, Clause 11.’. |
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| | Clause 51, page 35, line 40, leave out ‘365 days’ and insert ‘a prescribed number of |
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| | days, which must be at least 730,’. |
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| | Clause 51, page 35, line 40, after ‘period’, insert ‘since the person was last in the |
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| | Clause 51, page 36, line 11, leave out paragraph (a) and insert— |
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| | | ‘(a) | does not include any days occurring before the coming into force of this |
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| | Clause 51, page 36, line 14, at end insert— |
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| | | ‘(c) | does not include any days during the assessment phase, except in |
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| | | prescribed circumstances.’. |
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| Clause 51, page 36, line 14, at end insert— |
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| | | ‘(c) | does not include days in which a claim in respect to Employment and |
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| | | Support Allowance is in the assessment phase.’. |
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| | | Clause 51, page 36, line 14, at end insert— |
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| | | ‘(4) | The period of days referred to in subsection (1) shall restart following any period |
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| | | in which a person is a member of the Support Group.’. |
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| | Clause 51, page 36, line 19, at end insert— |
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| | | ‘(3) | The Secretary of State shall ensure that the impact of subsection (1) is |
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| | | independently monitored and reported on annually, for at least the five years |
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| | | following its implementation, in order to review their impact on specific groups |
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| | | Clause 52, page 36, line 21, leave out subsections (1), (2) and (3). |
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| | | Clause 52, page 36, line 30, leave out ‘that condition’ and insert ‘the third |
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| | condition set out in Part 1 of Schedule 1 to the Welfare Reform Act 2007 (youth)’. |
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| | | Clause 52, page 36, line 32, leave out ‘365 days’ and insert ‘a prescribed number of |
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| | days, which must be at least 730’. |
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| | | Clause 52, page 36, line 32, after ‘days’, insert ‘since the person was last in the |
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| | | Clause 52, page 36, line 34, leave out paragraph (a) and insert— |
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| | | ‘(a) | does not include any days occurring before the coming into force of this |
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| | | Clause 52, page 36, line 38, at end insert— |
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| | | ‘(c) | does not include any days during the assessment phase, except in |
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| | | prescribed circumstances.’. |
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| | Clause 56, page 40, line 35, at end insert ‘, which shall include that the claimant is |
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| | either receiving, recovering from, or expected within 6 months to receive treatment with |
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| | chemotherapy or radiotherapy’. |
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| | Clause 56, page 40, line 35, at end insert— |
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| | | ‘(e) | the claimant is receiving chemotherapy or radiotherapy, is recovering |
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| | | from that treatment or is likely to receive such treatment within 6 |
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| | Clause 56, page 42, line 43, at end insert— |
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| | | ‘(1A) | With respect to claimants who have disabilities, the Secretary of State shall not |
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| | | impose any sanctions without first consulting a Disability Employment Adviser.’. |
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| | Clause 56, page 43, line 10, leave out ‘26 ’ and insert ‘13’. |
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| | Clause 56, page 43, line 33, at end insert— |
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| | | ‘(9) | Regulations will provide for an appeal mechanism.’. |
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| | Clause 91, page 61, line 7, leave out ‘under this Part’ and insert ‘made under this |
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| | Part by the Secretary of State’ |
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| | Clause 91, page 61, line 15, leave out subsection (7) |
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| | Clause 91, page 61, line 25, at end insert— |
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| | | ‘( ) | Regulations made by the Scottish Ministers under section 89 are subject to— |
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| | | (a) | the affirmative procedure, if they contain provision amending or |
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| | | repealing primary legislation (within the meaning of that section), and |
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| | | (b) | the negative procedure, in any other case.’ |
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| | Schedule 13, page 146, leave out line 29 and insert— |
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| | | | | | | | | | | | | | | (a) | in the heading, the words “community |
| | | | | | charge benefits and other”; |
| | | | | | (b) | subsection (2), so far as not otherwise |
| | | | | | | | | | | | (c) | subsection (3)(b) and the preceding “and”.’ |
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| | Schedule 13, page 152, leave out line 8 |
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| | Schedule 13, page 154, line 32, at end insert— |
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| | | ‘( ) | in subsection (2)(a), “Part 1 of”;’. |
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| | Schedule 13, page 155, line 3, at end insert ‘and (4)’ |
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| | Schedule 13, page 155, line 20, at end insert ‘, so far as not otherwise repealed’ |
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| | Schedule 13, page 157, line 28, leave out ‘8(2A)’ and insert ‘8(2)(ca) and (d), |
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| | Schedule 13, page 158, line 10, at end insert ‘and (7) and (8)’ |
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| | Schedule 13, page 158, line 18, at end insert— |
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| | | ‘(c) | the definition of “training”.’ |
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| | Schedule 13, page 158, line 21, leave out ‘and (b)’ |
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| | Schedule 13, page 158, line 43, leave out from beginning to end of line 44 |
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| | Schedule 13, page 163, line 30, second column, at beginning insert— |
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| | | Matters to be considered before the imposition of a sanction or penalty |
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| | To move the following Clause:— |
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| | | ‘(1) | In respect of the imposition of a sanction under the Jobseeker’s Act 1995 or any |
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| | | other provision or in the case of a penalty imposed under section 115C of the |
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| | | Social Security Administration Act 1992 the Secretary of State or an authority |
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| | | (a) | evidence of the physical condition of the claimant and his or her state of |
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| | | (b) | evidence of the psychological state of health of the claimant; |
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| | | (c) | evidence relating to the means and income of the claimant; |
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| | | (d) | evidence relating to the accommodation occupied by the claimant and the |
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| | | effect that the imposition of a sanction or penalty may have on the right |
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| | | to occupy such accommodation; |
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| | | (e) | the family circumstances of the claimant and the impact that it may have |
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| | | on other family members and dependants; |
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| | | (f) | evidence of the impact that a sanction or penalty may have on the ability |
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| | | of the claimant to fulfil obligations to third parties including those |
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| | | relating to the fulfilment of benefit entitlement conditions. |
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| | | (2) | Before deciding whether to impose a sanction or penalty and shall only do so |
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| | | where, having considered all the relevant circumstances, it is reasonable to do so. |
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| | | (3) | Regarding evidence as to means the Secretary of State must consider— |
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| | | (a) | the income of the claimant; |
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| | | (b) | the capital of the claimant; |
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| | | (c) | the expenditure of the claimant. |
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| | | (4) | In order to facilitate the enquiry into the matters set out in subsection (1) the |
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| | | Secretary of State or authority may— |
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| | | (a) | arrange for a medical examination of the claimant; |
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| | | (b) | obtain information from any agency holding relevant information on the |
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| | | income and resources of the claimant; |
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| | | (c) | receive evidence from any other person or persons with a knowledge of |
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| | | the cicumstances of the claimant. |
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| | | (5) | A person who is subject to a penalty may appeal to a Tribunal (Lower Tier) |
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| | | against the imposition of such a penalty.’. |
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| | | Sums to be deducted in calculating recoverable overpayments |
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| | To move the following Clause:— |
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| | | ‘In calculating the amount of a recoverable overpayment, there shall be deducted |
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| | | any amount of universal credit which should have been payable during the |
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| | | overpayment period on the basis of the claim as presented, or on the basis of the |
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| | | claim had any misrepresentation or non-disclosure been remedied before the |
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| | | Procedure for regulation-making powers |
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| | To move the following Clause:— |
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| | | ‘In section 26 of the Welfare Reform Act 2007, in subsection (1), at end insert: |
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| | | “(e) | regulations made under sections 11D and 11J.”.’. |
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| | | Order of the House [9 march 2011] |
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| | | That the following provisions shall apply to the Welfare Reform Bill— |
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| | | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | | Proceedings in Public Bill Committee |
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| | | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | | concluded) be brought to a conclusion on Tuesday 24 May 2011. |
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| | | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | | Consideration and Third Reading |
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| | | 4. | Proceedings on consideration shall (so far as not previously concluded) be |
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| | | brought to a conclusion one hour before the moment of interruption on the |
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| | | day on which those proceedings are commenced. |
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| | | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | | brought to a conclusion at the moment of interruption on that day. |
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| | | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | | proceedings on consideration and Third Reading. |
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