Lords Amendments to the Welfare Reform Bill

Session 2010 - 12
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Other Bills before Parliament

Lords Amendments to the Welfare Reform Bill

LORDS amendments to the
Welfare Reform Bill
[The page and line references are to HL Bill 75, the bill as first printed for the Lords.]
Clause 10
1
Page 4, line 34, at end insert “, such additional amount to be paid at either a higher

rate, or a lower rate, which shall be no less than two-thirds of the higher rate as may

be prescribed”
Clause 11
2
Page 5, line 2, after “credit” insert “, subject to subsection (3A),”
3
Page 5, line 21, at end insert—

“(3A)
In relation to a dwelling of which the landlord is a local housing authority

or a registered provider of social housing, and no suitable alternative

accommodation (as defined in regulations to be made under this section,

and provided by any such provider) is available, 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.”
4
Page 5, line 23, at end insert—

“(4A)
Regulations shall not permit any reduction of housing benefit or amounts

included for accommodation in an award of universal credit in respect of

under occupation, deemed or actual, where—

(a)
the landlord is a local authority or a registered provider of social

housing, and

(b)
any such landlord is not able to offer suitable alternative

accommodation which would not cause a person to under occupy.

(4B)
Regulations may make provision for determining when accommodation is

suitable for the purposes of these provisions.”

Bill 302 55/1

2

Clause 30
5
Leave out Clause 30
Clause 33
6
Page 16, line 8, leave out subsection (3)
Before Clause 42
7
Insert the following new Clause—

“Pilot schemes

(1)
Any power to make—

(a)
regulations under this Part,

(b)
regulations under the Social Security Administration Act 1992

relating to universal credit, or

(c)
regulations under the Social Security Act 1998 relating to universal

credit,


may be exercised so as to make provision for piloting purposes.

(2)
In subsection (1), “piloting purposes”, in relation to any provision, means

the purposes of testing—

(a)
the extent to which the provision is likely to make universal credit

simpler to understand or to administer,

(b)
the extent to which the provision is likely to promote—

(i)
people remaining in work, or

(ii)
people obtaining or being able to obtain work (or more

work or better-paid work), or

(c)
the extent to which, and how, the provision is likely to affect the

conduct of claimants or other people in any other way.

(3)
Regulations made by virtue of this section are in the remainder of this

section referred to as a “pilot scheme”.

(4)
A pilot scheme may be limited in its application to—

(a)
one or more areas;

(b)
one or more classes of person;

(c)
persons selected—

(i)
by reference to prescribed criteria, or

(ii)
on a sampling basis.

(5)
A pilot scheme may not have effect for a period exceeding three years,

but—

(a)
the Secretary of State may by order made by statutory instrument

provide that the pilot scheme is to continue to have effect after the

time when it would otherwise expire for a period not exceeding

twelve months (and may make more than one such order);

(b)
a pilot scheme may be replaced by a further pilot scheme making

the same or similar provision.

(6)
A pilot scheme may include consequential or transitional provision in

relation to its expiry.”

3

Clause 43
8
Page 20, line 2, leave out from “Regulations” to “are” in line 3 and insert “under this

Part”
9
Page 20, line 9, at end insert—

“( )
section 4(7) (acceptance of claimant commitment);”
10
Page 20, line 12, leave out from “9(2)” to end of line 13 and insert “and (3) (standard

allowance)”
11
Page 20, line 14, leave out from “10(3)” to end of line 15 and insert “and (4) (children

and young persons element)”
12
Page 20, line 17, at end insert—

“( )
section 18(3) and (5) (work availability requirement);”
13
Page 20, line 25, leave out from beginning to “(pilot” and insert “by virtue of section

(Pilot schemes)”
14
Page 20, line 42, leave out subsection (8)
Clause 51
15
Page 36, line 16, after “2007” insert “, and subject to section (Condition relating to

youth (No. 2)),”
16
Page 36, line 18, at end insert “by virtue of the first and second conditions set out

in Part 1 of Schedule 1”
17
Page 36, line 19, leave out “365 days” and insert “a prescribed number of days

which must be at least 730”
18
Page 36, line 21, at end insert “except—

(a)
where a person is receiving treatment for cancer when

entitlement shall continue for so long as the person has (or

is treated as having) limited capacity for work; or

(b)
the person has (or is treated as having) limited capacity for

work as a consequence of a cancer diagnosis.”
19
Page 36, line 30, at end insert—

“(2A)
The period for which a person is entitled to a contributory

allowance by virtue of the third condition set out in Part 1 of

Schedule 1 (youth) shall not exceed a prescribed number of days

which must be at least 730.”
20
Page 36, leave out lines 31 to 35 and insert—

“(3)
In calculating for the purposes of subsection (1) or (2A) 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

(4)
In calculating for the purposes of subsection (1) or (2A) 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).””
After Clause 51
21
Insert the following new Clause—

“Further entitlement after time-limiting

(1)
After section 1A of the Welfare Reform Act 2007 (as inserted by section 51

above) there is inserted—

“1B
Further entitlement after time-limiting

(1)
Where a person’s entitlement to a contributory allowance has

ceased as a result of section 1A(1) or (2A) but—

(a)
the person has not at any subsequent time ceased to have (or

to be treated as having) limited capability for work,

(b)
the person satisfies the basic conditions, and

(c)
the person has (or is treated as having) limited capability for

work-related activity,


the claimant is entitled to an employment and support allowance

by virtue of this section.

(2)
An employment and support allowance entitlement to which is

based on this section is to be regarded as a contributory allowance

for the purposes of this Part.”

(2)
In section 1 of that Act (employment and support allowance), in the

definition of “contributory allowance” in subsection (7), after “subsection

(2)(a)” there is inserted “(and see section 1B(2))”.”
Clause 52
22
Leave out Clause 52 and insert the following new Clause—


“Condition relating to youth

In section 1 of the Welfare Reform Act 2007 (employment and support

allowance), after subsection (3) there is inserted—

“(3A)
After the coming into force of this subsection no claim may be made

for an employment and support allowance by virtue of the third

condition set out in Part 1 of Schedule 1 (youth).””
23
Leave out Clause 52 and insert the following new Clause—


“Condition relating to youth (No. 2)

In paragraph 4 of Schedule 1 to the Welfare Reform Act 2007 (condition

relating to youth), after sub-paragraph (1)(d) insert—

“(e)
after the assessment phase has ended, the claimant has

limited capacity for work-related activity.””