House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

2281

House of Commons

Notices of Amendments

given up to and including

Thursday 9 June 2011

Consideration of Bill

Welfare Reform Bill, As Amended

NEW CLAUSE and amendments Relating to recovery by deduction from

earnings

Deductions from earnings: other cases

Secretary Iain Duncan Smith

NC1

To move the following Clause:—

‘(1)
In section 71 of the Social Security Administration Act 1992 (overpayments -

general), after subsection (9) there is inserted—

“(9A)
Regulations may provide for amounts recoverable under the provisions

mentioned in subsection (8) above to be recovered by deductions from

earnings.

(9B)
In subsection (9A) above “earnings” has such meaning as may be

prescribed.

(9C)
Regulations under subsection (9A) above may include provision—

(a)
requiring the person from whom an amount is recoverable (“the

beneficiary”) to disclose details of their employer, and any

change of employer, to the Secretary of State;

(b)
requiring the employer, on being served with a notice by the

Secretary of State, to make deductions from the earnings of the

beneficiary and to pay corresponding amounts to the Secretary of

State;

(c)
as to the matters to be contained in such a notice and the period

for which a notice is to have effect;

(d)
as to how payment is to be made to the Secretary of State;

(e)
as to a level of earnings below which earnings must not be

reduced;

(f)
allowing the employer, where the employer makes deductions, to

deduct a prescribed sum from the beneficiary’s earnings in

respect of the employer’s administrative costs;

Notices of Amendments: 9 June 2011
2282

Welfare Reform Bill, continued

(g)
requiring the employer to keep records of deductions;

(h)
requiring the employer to notify the Secretary of State if the

beneficiary is not, or ceases to be, employed by the employer;

(i)
creating a criminal offence for non-compliance with the

regulations, punishable on summary conviction by a fine not

exceeding level 3 on the standard scale;

(j)
with respect to the priority as between a requirement to deduct

from earnings under this section and—

(i)
any other such requirement;

(ii)
an order under any other enactment relating to England

and Wales which requires deduction from the

beneficiary’s earnings;

(iii)
any diligence against earnings.”

(2)
In section 71ZA of that Act (overpayments out of social fund), before subsection

(3) there is inserted—

“(2A)
Subsection (9A) of section 71 above as it so applies shall have effect as

if the reference to amounts recoverable under the provisions mentioned

in subsection (8) of that section were to amounts recoverable under

subsections (1) and (4) of that section by virtue of subsection (1) above.”

(3)
In section 75 of that Act (overpayments of housing benefit), at the end there is

inserted—

“(8)
Regulations may provide for amounts recoverable under this section to

be recovered by deductions from earnings.

(9)
In subsection (8) above “earnings” has such meaning as may be

prescribed.

(10)
Regulations under subsection (8) above may include provision—

(a)
requiring the person from whom an amount is recoverable (“the

beneficiary”) to disclose details of their employer, and any

change of employer, to the Secretary of State or the authority

which paid the benefit;

(b)
requiring the employer, on being served with a notice by the

Secretary of State or the authority which paid the benefit, to

make deductions from the earnings of the beneficiary and to pay

corresponding amounts to the Secretary of State or that

authority;

(c)
as to the matters to be contained in such a notice and the period

for which a notice is to have effect;

(d)
as to how payment is to be made to the Secretary of State or the

authority which paid the benefit;

(e)
as to a level of earnings below which earnings must not be

reduced;

(f)
allowing the employer, where the employer makes deductions, to

deduct a prescribed sum from the beneficiary’s earnings in

respect of the employer’s administrative costs;

(g)
requiring the employer to keep records of deductions;

(h)
requiring the employer to notify the Secretary of State or the

authority which paid the benefit if the beneficiary is not, or

ceases to be, employed by the employer;

Notices of Amendments: 9 June 2011
2283

Welfare Reform Bill, continued

(i)
creating a criminal offence for non-compliance with the

regulations, punishable on summary conviction by a fine not

exceeding level 3 on the standard scale;

(j)
with respect to the priority as between a requirement to deduct

from earnings under this section and—

(i)
any other such requirement;

(ii)
an order under any other enactment relating to England

and Wales which requires deduction from the

beneficiary’s earnings;

(iii)
any diligence against earnings.”

(4)
In section 78 of that Act (recovery of social fund awards), after subsection (3B)

there is inserted—

“(3C)
Regulations may provide for amounts recoverable under subsection (1)

above from a person specified in subsection (3) above to be recovered by

deductions from earnings.

(3D)
In subsection (3C) above “earnings” has such meaning as may be

prescribed.

(3E)
Regulations under subsection (3C) above may include provision referred

to in section 71(9C) above.”’

Secretary Iain Duncan Smith

1

Page  67,  line  35  [Clause  102],  at end insert—

‘( )
by deduction from earnings (section 71ZCA);’

Secretary Iain Duncan Smith

2

Page  68,  line  17  [Clause  102],  at end insert—

‘71ZCA
Deduction from earnings

(1)
Regulations may provide for amounts recoverable under section 71ZB to be

recovered by deductions from earnings.

(2)
In this section “earnings” has such meaning as may be prescribed.

(3)
Regulations under subsection (1) may include provision—

(a)
requiring the person from whom an amount is recoverable (“the

beneficiary”) to disclose details of their employer, and any change of

employer, to the Secretary of State;

(b)
requiring the employer, on being served with a notice by the Secretary of

State, to make deductions from the earnings of the beneficiary and to pay

corresponding amounts to the Secretary of State;

(c)
as to the matters to be contained in such a notice and the period for which

a notice is to have effect;

(d)
as to how payment is to be made to the Secretary of State;

(e)
as to a level of earnings below which earnings must not be reduced;

Notices of Amendments: 9 June 2011
2284

Welfare Reform Bill, continued

(f)
allowing the employer, where the employer makes deductions, to deduct

a prescribed sum from the beneficiary’s earnings in respect of the

employer’s administrative costs;

(g)
requiring the employer to keep records of deductions;

(h)
requiring the employer to notify the Secretary of State if the beneficiary

is not, or ceases to be, employed by the employer;

(i)
creating a criminal offence for non-compliance with the regulations,

punishable on summary conviction by a fine not exceeding level 3 on the

standard scale;

(j)
with respect to the priority as between a requirement to deduct from

earnings under this section and—

(i)
any other such requirement;

(ii)
an order under any other enactment relating to England and

Wales which requires deduction from the beneficiary’s earnings;

(iii)
any diligence against earnings.’

Secretary Iain Duncan Smith

3

Page  69,  line  22  [Clause  102],  after ‘71ZC’ insert ‘, 71ZCA’

Secretary Iain Duncan Smith

4

Page  70,  line  13  [Clause  102],  leave out from ‘etc)’ to end of line 15 and insert—

‘(a)
for subsection (4) there is substituted—

“(4)
If the recipient of a notice under subsection (3) above agrees, in

the specified manner, to pay the penalty—

(a)
the amount of the penalty shall be recoverable from the

recipient by the Secretary of State or authority; and

(b)
no criminal proceedings shall be instituted against the

recipient in respect of the conduct to which the notice

relates.

(4A)
Sections 71ZC, 71ZCA and 71ZD above apply in relation to

amounts recoverable under subsection (4)(a) above as to

amounts recoverable by the Secretary of State under section

71ZB above (and, where the notice is given by an authority

administering housing benefit or council tax benefit, those

sections so apply as if references to the Secretary of State were

to that authority).’

(b)
in subsection (9), the definition of “relevant benefit” is repealed.’

Notices of Amendments: 9 June 2011
2285

Welfare Reform Bill, continued

Secretary Iain Duncan Smith

5

Page  75,  line  29  [Clause  112],  after ‘71ZC’ insert ‘, 71ZCA’

Secretary Iain Duncan Smith

6

Page  75,  line  31  [Clause  112],  at end insert ‘(and, where the appropriate authority

is not the Secretary of State, those sections so apply as if references to the Secretary of

State were to that authority)’

Secretary Iain Duncan Smith

7

Page  76,  line  24  [Clause  112],  leave out ‘Secretary of State’ and insert ‘appropriate

authority’

Secretary Iain Duncan Smith

8

Page  76,  line  26  [Clause  112],  leave out from ‘71ZC’ to end of line 27 and insert

‘71ZCA and 71ZD apply in relation to amounts recoverable by the appropriate authority

under subsection (4) as to amounts recoverable by the Secretary of State under section

71ZB (and, where the appropriate authority is not the Secretary of State, those sections so

apply as if references to the Secretary of State were to that authority).’

Secretary Iain Duncan Smith

9

Page  155,  line  37  [Schedule  14],  at end insert—

‘(ba) in subsection (4)(a) (as substituted by section

102 of this Act), “or authority”;

(bb) in subsection (4A) (as so substituted), the words

from “(and, where” to the end.’

Notices of Amendments: 9 June 2011
2286

Welfare Reform Bill, continued

Secretary Iain Duncan Smith

10

Page  155,  line  40  [Schedule  14],  leave out from beginning to end of line 42 and

insert—

‘In section 115C (as inserted by section 112 of this

Act)—

(a)
in subsection (5), the words from “(and,

where” to the end;

(b)
in subsection (6), in the definition of

“appropriate authority”, paragraph (b) and

the preceding “or”.

In section 115D(5) (as inserted by section 112 of this

Act), the words from “(and, where” to the end.’

Secretary Iain Duncan Smith

11

Page  163,  line  30  [Schedule  14],  at end insert—

‘Section [Deductions from earnings: other cases](3).’

Secretary Iain Duncan Smith

12

Page  168,  line  7  [Schedule  14],  leave out ‘(3B)’ and insert ‘(3E)’

Secretary Iain Duncan Smith

13

Page  168,  line  35  [Schedule  14],  at end insert—

‘Section [Deductions from earnings: other cases](2)

and (4).’

Notices of Amendments: 9 June 2011
2287

Welfare Reform Bill, continued

New Clauses Relating to Part 1

Childcare

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

NC2

To move the following Clause:—

‘(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%, or 90% 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)
“Childcare charges” are charges of a prescribed description incurred in respect of

childcare by the claimant or claimants by whom a universal credit claim is made.

(4)
“Childcare”, in relation to a person or persons, means care provided 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

by a person of a prescribed description.

(5)
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 a 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 a week.

(6)
For the purposes of this section, regulations are to provide for a definition of

“work.”’.

School meals

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

Jeremy Corbyn

NC3

To move the following Clause:—

‘(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 per cent. 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.



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