Session 2010 - 12
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Other Bills before Parliament

Lords Amendments to the Welfare Reform Bill


 
 

5

 

Clause 64

24

Page 51, line 16, leave out “figure of £145.80” and insert “monetary amount

 

specified”

25

Page 51, line 17, leave out “figure of £89.35” and insert “monetary amount

 

specified”

Clause 68

26

Page 52, line 36, at end insert—

 

“(4)    

After subsection (7) insert—

 

“(7A)    

In relation to a dwelling of which the landlord is a local housing

 

authority or a registered provider of social housing, and no

 

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 AMHB to be less

 

than the actual amount of the liability in a case where a household

 

has no more than one spare bedroom.””

27

Page 52, line 36, at end insert—

 

“( )    

In section 176(1) of that Act (Parliamentary control), after paragraph (aa)

 

there is inserted—

 

“(ab)    

the first regulations made by virtue of section 130A(5) or

 

(6);”.”

After Clause 74

28

Insert the following new Clause—

 

“Calculation of working tax credit

 

(1)    

Step 5 in regulation 7(3) of the 2002 Regulations has effect in relation to

 

awards of working tax credit for the whole or part of the relevant year as if

 

from the beginning of the day on 6 April 2011 the percentage to be applied

 

under step 5 in finding the amount of the reduction were 41% (instead of

 

39%).

 

(2)    

Anything done by the Commissioners before the coming into force of this

 

section in relation to awards of working tax credit for the whole or part of

 

the relevant year is to be treated as having been duly done, if it would have

 

been duly done but for being done on the basis that from the beginning of

 

the day on 6 April 2011 the percentage to be applied under step 5 was 41%.

 

(3)    

In this section—

 

“the 2002 Regulations” means the Tax Credits (Income Thresholds

 

and Determination of Rates) Regulations 2002 (S.I. 2002/2008);

 

“the Commissioners” means the Commissioners for Her Majesty’s

 

Revenue and Customs;

 

“the relevant year” means the year beginning with 6 April 2011.”

Clause 79

29

Page 57, line 26, leave out “6” and insert “3”


 
 

6

30

Page 57, line 30, leave out “6” and insert “9”

31

Page 57, line 42, leave out “6 months” means the 6” and insert “3 months” means

 

the 3”

32

Page 57, line 44, leave out “6 months” means the 6” and insert “9 months” means

 

the 9”

Clause 83

33

Page 59, line 12, leave out from “provide” to “that” in line 14

34

Page 59, line 18, leave out paragraph (b)

35

Page 59, line 22, leave out from second “is” to first “a” in line 23

36

Page 59, line 29, leave out paragraph (a)

After Clause 83

37

Insert the following new Clause—

 

“Hospital in-patients

 

(1)    

Regulations may provide as mentioned in either or both of the following

 

paragraphs—

 

(a)    

that no amount in respect of personal independence payment

 

which is attributable to entitlement to the daily living component is

 

payable in respect of a person for a period when the person meets

 

the condition in subsection (2);

 

(b)    

that no amount in respect of personal independence payment

 

which is attributable to entitlement to the mobility component is

 

payable in respect of a person for a period when the person meets

 

the condition in subsection (2).

 

(2)    

The condition is that the person is undergoing medical or other treatment

 

as an in-patient at a hospital or similar institution in circumstances in

 

which any of the costs of the treatment, accommodation and any related

 

services provided for the person are borne out of public funds.

 

(3)    

For the purposes of subsection (2) the question of whether any of the costs

 

of medical or other treatment, accommodation and related services

 

provided for a person are borne out of public funds is to be determined in

 

accordance with the regulations.”

Clause 86

38

Page 60, line 17, at end insert “—

 

(a)    

within 2 years beginning with the date on which the first

 

regulations under that section come into force; and

 

(b)    

within 4 years beginning with that date.”

39

Page 60, line 18, leave out subsection (2)

Clause 89

40

Page 60, line 27, leave out “The Secretary of State may by regulations” and insert


 
 

7

 
 

“Regulations may”

41

Page 60, line 30, leave out subsections (2) and (3)

Clause 91

42

Page 61, line 16, leave out “unless otherwise provided”

43

Page 61, line 29, leave out from “Regulations” to “are” and insert “under this Part”

44

Page 61, line 32, leave out “either or both” and insert “any”

45

Page 61, line 32, at end insert—

 

“( )    

the first regulations under section 76(4) or 77(4);”

46

Page 61, line 41, leave out subsection (8)

Clause 93

47

Page 62, line 19, after “benefits” insert “with the exclusion of child benefit”

Clause 94

48

Page 63, line 31, at end insert—

 

“( )    

A statutory instrument containing the first regulations under section 93

 

may not be made unless a draft of the instrument has been laid before, and

 

approved by resolution of, each House of Parliament.”

49

Page 63, line 32, after “containing” insert “other”

Clause 102

50

Page 68, line 29, leave out “to the person”

Clause 111

51

Page 78, line 12, at end insert—

 

“(2)    

In section 190 of that Act (parliamentary control of orders and regulations),

 

in subsection (1), before paragraph (za) insert—

 

“(zza)    

an order under section 115A(3B);”.”

Clause 113

52

Page 79, line 8, leave out subsection (4) and insert—

 

“(4)    

A penalty imposed under subsection (2) is recoverable by the

 

appropriate authority from the person on whom it is imposed.”

53

Page 80, line 5, leave out subsection (4) and insert—

 

“(4)    

A penalty imposed under subsection (1) or (2) is recoverable by the

 

appropriate authority from the person on whom it is imposed.”

54

Page 80, line 16, at end insert—

 

“(2)    

In section 190 of that Act (parliamentary control of orders and regulations),

 

in subsection (1), before paragraph (za) insert—


 
 

8

 
 

“(zzb)    

regulations under section 115C(2) or 115D(1) or (2);”.”

After Clause 124

55

Insert the following new Clause—

 

“Information-sharing between Secretary of State and DPP

 

(1)    

The Secretary of State may supply social security information to a person

 

specified in subsection (2) for use for a purpose specified in subsection (3).

 

(2)    

The persons referred to in subsection (1) are—

 

(a)    

the Director of Public Prosecutions;

 

(b)    

a person appointed under section 5 of the Prosecution of Offences

 

Act 1985 (conduct of prosecutions on behalf of Crown Prosecution

 

Service).

 

(3)    

The purposes referred to in subsection (1) are—

 

(a)    

the institution or conduct of criminal proceedings which relate

 

wholly or partly to social security matters;

 

(b)    

the giving of advice to any person on any matter relating to criminal

 

proceedings, or criminal offences, which relate wholly or partly to

 

social security matters;

 

(c)    

the exercise in relation to social security matters of functions

 

assigned to the Director of Public Prosecutions under section 3(2)(g)

 

of the Prosecution of Offences Act 1985;

 

(d)    

the exercise of functions of the Director of Public Prosecutions

 

under Part 2, 5 or 8 of the Proceeds of Crime Act 2002.

 

(4)    

The reference in subsection (1) to the Secretary of State includes a person

 

providing services to the Secretary of State.

 

(5)    

This section does not limit the circumstances in which information may be

 

supplied apart from this section.

 

(6)    

In this section—

 

“social security information” means information held for the purposes

 

of any of the Secretary of State’s functions relating to social security

 

matters;

 

“social security matters” means—

 

(a)    

social security (including the payments and allowances

 

referred to in section 124(8)),

 

(b)    

tax credits, and

 

(c)    

schemes and arrangements under section 2 of the

 

Employment and Training Act 1973.”

56

Insert the following new Clause—

 

“Unlawful disclosure of information supplied to DPP

 

(1)    

A person to whom information is supplied under section (Information-

 

sharing between Secretary of State and DPP), or an employee or former

 

employee of such a person, may not disclose the information if it relates to

 

a particular person.

 

(2)    

Subsection (1) does not apply to—


 
 

9

 
 

(a)    

a disclosure of a summary or collection of information so framed as

 

not to enable information relating to any particular person to be

 

ascertained from it;

 

(b)    

a disclosure made for the purposes of a function of the Director of

 

Public Prosecutions, where the disclosure does not contravene any

 

restriction imposed by the Director;

 

(c)    

a disclosure made to the Secretary of State, or a person providing

 

services to the Secretary of State, for the purposes of the exercise of

 

functions relating to social security matters (within the meaning of

 

section (Information-sharing between Secretary of State and DPP));

 

(d)    

a disclosure made for the purposes of a criminal investigation or

 

criminal proceedings (whether or not in the United Kingdom);

 

(e)    

a disclosure made for the purposes of—

 

(i)    

the exercise of any functions of the prosecutor under Parts

 

2, 3 and 4 of the Proceeds of Crime Act 2002;

 

(ii)    

the exercise of any functions of the Serious Organised Crime

 

Agency under that Act;

 

(iii)    

the exercise of any functions of the Director of the Serious

 

Fraud Office, the Director of Public Prosecutions for

 

Northern Ireland or the Scottish Ministers under, or in

 

relation to, Part 5 or 8 of that Act;

 

(iv)    

investigations or proceedings outside the United Kingdom

 

which have led or may lead to the making of an external

 

order within the meaning of section 447 of that Act;

 

(f)    

a disclosure made to a person exercising public functions of law

 

enforcement for the purposes of the exercise of those functions in

 

civil proceedings;

 

(g)    

a disclosure which in the opinion of the Director of Public

 

Prosecutions is desirable for the purpose of safeguarding national

 

security;

 

(h)    

a disclosure made in pursuance of an order of a court;

 

(i)    

a disclosure made with the consent of each person to whom the

 

information relates.

 

(3)    

Subsection (1) does not apply in relation to information relating to schemes

 

and arrangements under section 2 of the Employment and Training Act

 

1973.

 

(4)    

Subsection (1) is subject to any other Act or to an instrument made under

 

an Act.

 

(5)    

A person who contravenes subsection (1) commits an offence.

 

(6)    

It is a defence for a person charged with an offence under this section of

 

disclosing information to prove that he or she reasonably believed—

 

(a)    

that the disclosure was lawful, or

 

(b)    

that the information had already and lawfully been made available

 

to the public.

 

(7)    

A person guilty of an offence under this section is liable—

 

(a)    

on conviction on indictment, to imprisonment for a term not

 

exceeding two years or a fine or both, or

 

(b)    

on summary conviction, to imprisonment for a term not exceeding

 

twelve months or a fine not exceeding the statutory maximum or

 

both.


 
 

10

 
 

(8)    

A prosecution for an offence under this section may be instituted only with

 

the consent of the Director of Public Prosecutions.

 

(9)    

In relation to an offence under this section committed before the

 

commencement of section 154(1) of the Criminal Justice Act 2003 (increase

 

in maximum term that may be imposed on summary conviction of offence

 

triable either way), the reference in subsection (7)(b) to twelve months shall

 

have effect as if it were a reference to six months.”

Clause 126

57

Page 96, line 15, at end insert “or council tax”

58

Page 96, line 20, leave out second “prescribed” and insert “relevant social security”

59

Page 96, line 22, after “services” insert “, council tax”

60

Page 96, line 24, after “services” insert “, council tax”

61

Page 96, line 26, after “services” insert “, council tax”

62

Page 97, line 25, after “services” insert “or council tax”

63

Page 97, line 27, after “services” insert “or council tax”

64

Page 97, line 35, leave out subsection (12)

65

Page 97, line 44, at end insert—

 

““council tax” includes any local tax to fund local authority

 

expenditure;”

66

Page 97, line 45, leave out from beginning to end of line 2 on page 98

67

Page 98, line 8, at end insert—

 

““relevant information” means information relating to—

 

(a)    

any relevant social security benefit, or

 

(b)    

welfare services;

 

“relevant social security benefit” has the meaning given in section

 

121DA(7) of the Social Security Administration Act 1992;”

68

Page 98, line 16, at end insert—

 

““welfare services” includes services which provide accommodation,

 

support, assistance, advice or counselling to individuals with

 

particular needs, and for these purposes “assistance” includes

 

assistance by means of a grant or loan or the provision of goods or

 

services;”

Clause 128

69

Page 99, leave out lines 27 to 30

Clause 130

70

Page 100, line 33, after “information” insert “contained in a declaration made under

 

section 9(1) of the Births and Deaths Registration Act 1953 or”

Clause 131

71

Page 101, leave out lines 17 to 19 and insert—


 
 

11

 
 

“(b)    

in particular, before accepting an application under those sections,

 

invite the applicant to consider with the Commission whether it is

 

possible to make such an agreement.”

72

Page 101, line 24, leave out from “(2)(b)” to second “to” in line 25 and insert “invite

 

the applicant to consider with the Commission whether it is possible”

73

Page 101, line 27, at end insert—

 

“(3)    

In section 6 of the Child Maintenance and Other Payments Act 2008

 

(provision to allow charging of fees by the Commission), after subsection

 

(2) there is inserted—

 

“(2A)    

Nothing in regulations under subsection (1) shall impose a liability

 

on a parent with care for the payment of fees to the Commission

 

where that parent has taken reasonable steps to establish whether it

 

is possible or appropriate to make a maintenance agreement

 

(within the meaning of section 9 of the Child Support Act 1991), and

 

where, having taken such reasonable steps, it is either not possible

 

or not appropriate for the parent with care to do so.””

After Clause 133

74

Insert the following new Clause—

 

“Recovery of child support maintenance by deduction from benefit

 

In section 43 of the Child Support Act 1991 (as substituted by the Child

 

Support, Pensions and Social Security Act 2000), for subsections (1) and (2)

 

there is substituted—

 

“(1)    

The power of the Secretary of State to make regulations under

 

section 5 of the Social Security Administration Act 1992 by virtue of

 

subsection (1)(p) of that section may be exercised with a view to

 

securing the making of payments in respect of child support

 

maintenance by a non-resident parent.

 

(2)    

The reference in subsection (1) to the making of payments in respect

 

of child support maintenance includes the recovery of—

 

(a)    

arrears of child support maintenance, and

 

(b)    

fees payable under section 6 of the Child Maintenance and

 

Other Payments Act 2008.””

75

Insert the following new Clause—

 

“Review of fees regulations

 

In section 6 of the Child Maintenance and Other Payments Act 2008 (fees),

 

after subsection (3) there is inserted—

 

“(3A)    

The Secretary of State must review the effect of the first regulations

 

made under subsection (1).

 

(3B)    

The review must take place before the end of the period of 30

 

months beginning with the day on which those regulations come

 

into force.

 

(3C)    

After the review, the Secretary of State must make and publish a

 

report containing—


 
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