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| |
| | |
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24 | Page 51, line 16, leave out “figure of £145.80” and insert “monetary amount |
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| |
25 | Page 51, line 17, leave out “figure of £89.35” and insert “monetary amount |
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| |
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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 |
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| authority or a registered provider of social housing, and no |
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| 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— |
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| “( ) | In section 176(1) of that Act (Parliamentary control), after paragraph (aa) |
|
| |
| “(ab) | the first regulations made by virtue of section 130A(5) or |
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| |
|
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 |
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| 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 |
|
| |
| (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%. |
|
| |
| “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 |
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| |
| “the relevant year” means the year beginning with 6 April 2011.” |
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|
29 | Page 57, line 26, leave out “6” and insert “3” |
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| |
| | |
30 | Page 57, line 30, leave out “6” and insert “9” |
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31 | Page 57, line 42, leave out “6 months” means the 6” and insert “3 months” means |
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| |
32 | Page 57, line 44, leave out “6 months” means the 6” and insert “9 months” means |
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| |
|
33 | Page 59, line 12, leave out from “provide” to “that” in line 14 |
|
34 | Page 59, line 18, leave out paragraph (b) |
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35 | Page 59, line 22, leave out from second “is” to first “a” in line 23 |
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36 | Page 59, line 29, leave out paragraph (a) |
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|
37 | Insert the following new Clause— |
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| |
| (1) | Regulations may provide as mentioned in either or both of the following |
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| |
| (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.” |
|
|
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) |
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|
40 | Page 60, line 27, leave out “The Secretary of State may by regulations” and insert |
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|
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| |
| | |
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| |
41 | Page 60, line 30, leave out subsections (2) and (3) |
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|
42 | Page 61, line 16, leave out “unless otherwise provided” |
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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) |
|
|
47 | Page 62, line 19, after “benefits” insert “with the exclusion of child benefit” |
|
|
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” |
|
|
50 | Page 68, line 29, leave out “to the person” |
|
|
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);”.” |
|
|
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— |
|
|
|
| |
| | |
|
| “(zzb) | regulations under section 115C(2) or 115D(1) or (2);”.” |
|
|
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 |
|
| |
| (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 |
|
| |
| (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. |
|
| |
| “social security information” means information held for the purposes |
|
| of any of the Secretary of State’s functions relating to social security |
|
| |
| “social security matters” means— |
|
| (a) | social security (including the payments and allowances |
|
| referred to in section 124(8)), |
|
| |
| (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 |
|
| |
| (2) | Subsection (1) does not apply to— |
|
|
|
| |
| | |
|
| (a) | a disclosure of a summary or collection of information so framed as |
|
| not to enable information relating to any particular person to be |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (g) | a disclosure which in the opinion of the Director of Public |
|
| Prosecutions is desirable for the purpose of safeguarding national |
|
| |
| (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 |
|
| |
| (3) | Subsection (1) does not apply in relation to information relating to schemes |
|
| and arrangements under section 2 of the Employment and Training Act |
|
| |
| (4) | Subsection (1) is subject to any other Act or to an instrument made under |
|
| |
| (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 |
|
| |
| (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 |
|
| |
|
|
| |
| | |
|
| (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.” |
|
|
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 |
|
| |
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 |
|
| |
| “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 |
|
| |
|
69 | Page 99, leave out lines 27 to 30 |
|
|
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” |
|
|
71 | Page 101, leave out lines 17 to 19 and insert— |
|
|
|
| |
| | |
|
| “(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 |
|
| |
| “(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.”” |
|
|
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) |
|
| |
| “(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 |
|
| |
| (3C) | After the review, the Secretary of State must make and publish a |
|
| |
|