Lords Amendments in Lieu

Session 2010 - 12
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Other Bills before Parliament

Lords Amendments in Lieu

Welfare Reform Bill
LORDS AMENDMENTS IN LIEU
[The page and line references are to HL Bill 75, the bill as first printed for the Lords.]
Clause 11
2
Page 5, line 2, after “credit” insert “, subject to subsection (3A),”

COMMONS DISAGREEMENT AND REASON

The Commons disagree to Lords Amendment No. 2 for the following Reason—
2A
Because Lords Amendments Nos. 2 and 3 would alter the financial arrangements made by

the Commons, and the Commons do not offer any further Reason, trusting that this Reason

may be deemed sufficient.
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.”

COMMONS DISAGREEMENT AND REASON

The Commons disagree to Lords Amendment No. 3 for the following Reason—
3A
Because Lords Amendments Nos. 2 and 3 would alter the financial arrangements made by

the Commons, and the Commons do not offer any further Reason, trusting that this Reason

may be deemed sufficient.
Clause 68
26
Page 52, line 36, at end insert—

Bill 306 55/1

2

“(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.””

COMMONS DISAGREEMENT AND REASON

The Commons disagree to Lords Amendment No. 26 for the following Reason—
26A
Because it would alter the financial arrangements made by the Commons, and the

Commons do not offer any further Reason, trusting that this Reason may be deemed

sufficient.

LORDS NON-INSISTENCE AND AMENDMENTS IN LIEU

The Lords do not insist on their Amendments 2, 3 and 26, but do propose Amendments 3B

and 26B in lieu.
Clause 11
3B
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, and—

(a)
the claimant is subject to no work related requirements in

accordance with the provisions of section 19;

(b)
the claimant, or a child or a young person for whom either or both

the claimants is responsible, is in receipt of disability living

allowance, or personal independence payment, or attendance

allowance or an increase of disablement pension where constant

attendance is required; or

(c)
the claimant is a war widow or widower; or

(d)
the claimant routinely provides foster care placements.

(3B)
In subsection (3A), “claimant” means a single claimant or joint claimant.””
Clause 68
26B
Page 52, line 36, at end insert—

“( )
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

3

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,

and—

(a)
the claimant is subject to no work-related requirements in

accordance with the provisions of section 11D of the Welfare

Reform Act 2007;

(b)
the claimant, their partner or a child or a young person for whom

the claimant (or their partner) is responsible, is in receipt of

disability living allowance, or personal independence payment, or

attendance allowance or an increase of disablement pension where

constant attendance is required;

(c)
the claimant is a war widow or widower; or

(d)
the claimant or their partner routinely provides foster care

placements.”
Clause 51
17
Page 36, line 19, leave out “365 days” and insert “a prescribed number of days

which must be at least 730”

COMMONS DISAGREEMENT AND REASON

The Commons disagree to Lords Amendment No. 17 for the following Reason—
17A
Because it would alter the financial arrangements made by the Commons, and the

Commons do not offer any further Reason, trusting that this Reason may be deemed

sufficient.
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.”

COMMONS AGREEMENT WITH AMENDMENT

The Commons agree to this Amendment with the following Amendment—
19A
Line 4, leave out “a prescribed number of days which must be at least 730” and

insert “365 days”

LORDS NON-INSISTENCE AND AMENDMENTS IN LIEU

The Lords do not insist on their Amendment 17 and disagree to Commons Amendment

19A, but do propose Amendments 17B, 17C, 17D and 19B in lieu.
Clause 51
17B
Page 36, line 19, leave out “365 days” and insert “the relevant maximum number

of days”
17C
Page 36, line 21, at end insert—

4

“( )
In subsection (1) the “relevant maximum number of days” is—

(a)
365 days, or

(b)
if the Secretary of State by order specifies a greater number of days,

that number of days.”
17D
Page 36, line 36, at end insert—

“(1A)
In section 25 of that Act (regulations)—

(a)
in the heading, after “regulations” there is inserted “and orders”;

(b)
in subsection (1), after “regulations” there is inserted “or an order”.

(1B)
In section 26 of that Act (Parliamentary control), at the end there is

inserted—

“(3)
A statutory instrument containing an order under section 1A shall

be subject to annulment in pursuance of a resolution of either

House of Parliament.””

[As an amendment to Amendment 19]
19B
Line 4, leave out “a prescribed number of days which must be at least 730” and

insert—

“(a)
365 days, or

(b)
if the Secretary of State by order specifies a greater number of days,

that number of days.”
Clause 131
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.””

COMMONS DISAGREEMENT AND REASON

The Commons disagree to Lords Amendment No. 73 for the following Reason—
73A
Because it would alter the financial arrangements made by the Commons, and the

Commons do not offer any further Reason, trusting that this Reason may be deemed

sufficient.

LORDS NON-INSISTENCE AND AMENDMENT IN LIEU

The Lords do not insist on their Amendment 73, but do propose Amendment 73BA in lieu.

5

After Clause 139
73BA
Insert the following new Clause—


“Fees

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

in subsection (2)—

(a)
in paragraph (d), at the end there is inserted “(including provision

for the apportionment of fees and the matters to be taken into

account in determining an apportionment)”;

(b)
in paragraph (g), “waiver” is repealed;

(c)
after paragraph (g) there is inserted—

“(h)
about waiver of fees (including the matters to be

taken into account in determining a waiver).””

6