Session 2014 - 15
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11

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 16 October 2014

 

For other Amendment(s) see the following page(s):

 

Childcare Payments Committee 7-9

 

Public Bill Committee


 

Childcare Payments Bill


 

Catherine McKinnell

 

Lucy Powell

 

NC1

 

To move the following Clause—

 

“Review of costs of childcare provision

 

(1)    

The Chancellor of the Exchequer must undertake a review of the ways in which

 

changes to the tax and childcare systems could be used to increase the

 

affordability of childcare with particular reference to—

 

(a)    

the projected impact of the measures in this Act;

 

(b)    

the cost of childcare for parents in work; and

 

(c)    

the cost of childcare, including the impact of other changes to the tax and

 

benefits system during this Parliament.

 

(2)    

The Chancellor of the Exchequer must publish the report of the review within

 

three months of the passing of this Act and lay the report before the House of

 

Commons.”

 

Catherine McKinnell

 

Lucy Powell

 

Clause  1,  page  2,  line  2,  at end insert—

 

‘( )    

The Chancellor of the Exchequer shall, within three months of Royal Assent,

 

undertake a review of the impact of top-up payments towards the costs of

 

childcare on the level of child poverty.

 

( )    

The Chancellor of the Exchequer must publish the report of the review required

 

by subsection (4A) and lay the report before the House of Commons.”


 
 

Notices of Amendments:                               

12

 

, continued

 
 

Catherine McKinnell

 

Lucy Powell

 

Clause  1,  page  2,  line  2,  at end insert—

 

‘( )    

The Chancellor of the Exchequer shall, one year after this Act is passed, and every

 

three years thereafter, review the impact of the measures in this section on the cost

 

of childcare with particular reference to—

 

(a)    

the average cost of childcare for parents in work;

 

(b)    

the effectiveness of this section on making childcare more affordable;

 

and

 

(c)    

the impact of supply-led measures on the cost of childcare.

 

( )    

The Chancellor of the Exchequer must publish the report of each review and lay

 

the report before the House of Commons.”

 

Catherine McKinnell

 

Lucy Powell

 

Clause  5,  page  5,  line  2,  at end insert—

 

“(1)    

The Chancellor of the Exchequer shall, within 12 months of the opening of the

 

first childcare account under section 17, undertake a review of the impact of the

 

three month entitlement period under this section.

 

(2)    

The report referred to in subsection (1) must in particular consider—

 

(a)    

the administrative impact of this requirement on eligible persons;

 

(b)    

the effectiveness and necessity of a three-month entitlement period; and

 

(c)    

what provisions are necessary to ensure effective awareness and

 

communication of the requirement to reconfirm eligibility on a quarterly

 

basis.

 

(3)    

The Chancellor of the Exchequer must publish the report of the review and lay

 

the report before the House of Commons.”

 

Catherine McKinnell

 

Lucy Powell

 

Clause  10,  page  6,  line  24,  

 

“(6)    

The Chancellor of the Exchequer shall, within three months of the passing of this

 

Act undertake a review of the impact of the income requirements introduced

 

under this section.

 

(7)    

The report referred to in subsection (6) must in particular consider—

 

(a)    

the appropriateness of the limit specified in regulations under section 10;

 

(b)    

the estimated average value of top-up per child;

 

(c)    

the proportion of parents paying for childcare who are expected to be

 

beneficiaries; and

 

(d)    

a distributional analysis of the beneficiaries.

 

(8)    

The Chancellor of the Exchequer must publish the report of the review and lay

 

the report before the House of Commons.”

 

Catherine McKinnell

 

Lucy Powell

 

Clause  11,  page  7,  line  6,  at end insert—

 

“(7)    

This section shall not come into force except as specified in paragraph (a) below.


 
 

Notices of Amendments:                               

13

 

, continued

 
 

(a)    

The Chancellor of the Exchequer shall bring the section into force by

 

order within six months of the passing of this Act.

 

(b)    

a statutory instrument containing an order under paragraph (a) shall be

 

accompanied by a report which details—

 

(i)    

the impact of delays to the rollout of Universal Credit on low-

 

income families with children expecting to receive top-up

 

payments, including a timetable for the rollout of this support;

 

(ii)    

the impact of this section on the take-up of Government

 

childcare support schemes;

 

(iii)    

the impact of the eligibility criteria under this section on the

 

complexity of interactions between Government childcare

 

support schemes; and

 

(iv)    

what guidance will be provided to parents to raise awareness,

 

understanding, and simplify those interactions.”

 

Catherine McKinnell

 

Lucy Powell

 

Clause  11,  page  7,  line  1,  after “may—”, insert—

 

“(a)    

repeal this section, or”

 

Member’s explanatory statement

 

This amendment would allow the Government to bring forward regulations to allow the possibility

 

for top-up payments to be further aligned with Universal Credit.

 

Catherine McKinnell

 

Lucy Powell

 

Clause  69,  page  44,  line  27,  at end insert—

 

“( )    

regulations repealing section 11.”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 6.

 

Catherine McKinnell

 

Lucy Powell

 

Clause  12,  page  7,  line  43,  at end insert—

 

“(7)    

The section shall not come into force except as specified in paragraph (a) below.

 

(a)    

the Chancellor of the Exchequer shall bring the section into force by

 

order within six months of the passing of this Act.

 

(b)    

a statutory instrument containing an order under paragraph (b) shall be

 

accompanied by a report which details—

 

(i)    

a cooperative analysis of the beneficiaries of top-up payments

 

versus other relevant childcare schemes;

 

(ii)    

what additional package of measures will be enacted to raise

 

awareness and understanding of the comparative benefits of

 

relevant childcare schemes; and

 

(iii)    

what information will be provided to persons to enable them to

 

make informed decisions about which scheme will be most

 

beneficial to them.”


 
 

Notices of Amendments:                               

14

 

, continued

 
 

Catherine McKinnell

 

Lucy Powell

 

Clause  15,  page  9,  line  36,  at end insert—

 

“(11)    

The Chancellor of the Exchequer shall, within three months of Royal Assent,

 

undertake a review of the impact of subsection (2).

 

(12)    

The report referred to in subsection (11) above must in particular examine and

 

explore alternative options to the requirement for persons with responsibility for

 

more than one child to set up more than one childcare account.

 

(13)    

The Chancellor of the Exchequer must publish the report of the review and lay

 

the report before the House of Commons.”

 

Catherine McKinnell

 

Lucy Powell

 

Clause  15,  page  9,  line  4,  after “may—”, insert—

 

“( )    

amend this Act to allow childcare accounts to be held by persons other

 

than those specified in subsection (1).”

 

Member’s explanatory statement

 

This amendment would allow the Government to bring forward regulations to allow for the

 

provision of Childcare Accounts to be made available to persons receiving childcare support other

 

than top-up payments.

 

Catherine McKinnell

 

Lucy Powell

 

Clause  69,  page  44,  line  28,  at end insert—

 

“( )    

regulations under section 15 that amend this allow childcare accounts to

 

be held by persons other than those specified in section 15(1).”

 

Member’s explanatory statement

 

This amendment would make regulations outlined in amendment 8 subject to the approval of both

 

Houses of Parliament.

 

Catherine McKinnell

 

Lucy Powell

 

Clause  16,  page  10,  line  19,  at end insert—

 

“(5)    

The section shall not come into force except as specified in paragraph (a) below.

 

(a)    

The Chancellor of the Exchequer shall bring the section into force by

 

order within three months of the passing of this Act.

 

(b)    

a statutory instrument containing an order under paragraph (a) shall be

 

accompanied by a report from the Director and laid before the House of

 

Commons by the Chancellor of the Exchequer which details—

 

(i)    

a timetable for delivering the new childcare account system;

 

(ii)    

progress to date in developing and preparing for the new system;

 

(iii)    

what provisions are in place to ensure the system is delivered on

 

time and to budget;

 

(iv)    

what provisions are in place to assist persons without access to

 

the internet;

 

(v)    

what provisions are in place to ensure financial support can still

 

be provided in the event of system failures or setbacks; and

 

(vi)    

a package of measures to ensure the account provider, associated

 

parties and their operations, are effectively monitored.”


 
 

Notices of Amendments:                               

15

 

, continued

 
 

Catherine McKinnell

 

Lucy Powell

 

Clause  41,  page  26,  line  22,  leave out “careless or”.

 

Member’s explanatory statement

 

This is a probing amendment, intended to establish what would constitute a failure to take

 

reasonable care and what the impact of that definition might be.

 

Catherine McKinnell

 

Lucy Powell

 

Clause  41,  page  26,  leave out lines 23 and 24.

 

Member’s explanatory statement

 

This amendment is consequential on amendment 13.

 

Catherine McKinnell

 

Lucy Powell

 

NC2

 

To move the following Clause—

 

“Grandfathering employer vouchers

 

Sections 62 and 63 shall not come into force except as specified in paragraph (a)

 

below.

 

(a)    

The Chancellor of the Exchequer shall bring the section into force by

 

order within six months of the passing of this Act.

 

(b)    

a statutory instrument containing an order under paragraph (b) shall be

 

accompanied by a report which details the impact of the restrictions

 

under sections 62 and 63 on—

 

(i)    

the value of Government childcare support available to eligible

 

persons;

 

(ii)    

the take-up and availability of family-friendly schemes in

 

businesses; and

 

(iii)    

the participation rate of employers in childcare support

 

schemes.”

 

Catherine McKinnell

 

Lucy Powell

 

NC3

 

To move the following Clause—

 

“Details of rollout of scheme

 

The Chancellor of the Exchequer shall within three months of the coming into

 

force of this Act lay before the House of Commons a timetable setting out precise

 

details of the rollout of this scheme from autumn 2015 onwards.

 

Catherine McKinnell

 

Lucy Powell

 

Clause  74,  page  46,  line  17,  at end insert—

 

“(1A)    

Sections 11, 12 and 16 come into force as set out in those sections.

 

Member’s explanatory statement

 

This amendment is consequential on amendments 5, 8 and 12.


 
 

Notices of Amendments:                               

16

 

, continued

 
 

Alex Cunningham

 

Clause  9,  page  5,  line  28,  at end insert—

 

“( )    

A person is in qualifying paid work if the person has accepted an offer of work

 

on or before the day on which the declaration of eligibility is made and the work

 

is expected to start within 28 days of that day.”

 

Alex Cunningham

 

Clause  14,  page  8,  line  36,  at end insert—

 

“( )    

A child is a qualifying child for the purposes of this Act until the last day of the

 

week in which falls the 1 September following the child’s 11th birthday (or 18th

 

birthday in the case of a disabled child).”

 

Priti Patel

 

Clause  23,  page  13,  line  33,  at end insert—

 

“(3)    

In a case where—

 

(a)    

a person would (in the absence of this subsection) be required by

 

subsection (1) or (2) to repay an amount (“the repayable amount”) into a

 

childcare account, but

 

(b)    

the childcare account has been closed,

 

    

the person must pay the repayable amount to the person or body who was the

 

account provider in relation to the account (“the relevant account provider”).

 

(4)    

The relevant account provider must—

 

(a)    

pay the top-up element of the repayable amount to HMRC, and

 

(b)    

pay the remainder of that amount to the person who held the childcare

 

account.

 

    

(For provision about calculating the top-up element of an amount, see section

 

21.)”

 

Member’s explanatory statement

 

This amendment provides that, where a childcare account has been closed, amounts which need

 

to be refunded to the account-holder must be paid to the childcare account provider, who must then

 

repay the account-holder. This ensures that the top-up element of the repayment is returned to

 

HMRC.

 

Priti Patel

 

Clause  39,  page  24,  line  34,  leave out from “person” to end of line 38 and insert

 

“fails to make a payment in accordance with a requirement imposed by subsections (1) to

 

(3) of section 23 (refunds of payments made from childcare accounts),”

 

Member’s explanatory statement

 

This amendment, and amendment 20, are consequential on amendment 18. They provide that a

 

childcare provider who does not comply with the requirement to pay the repayable amount to the

 

account provider is liable to pay the top-up element of the payment to HMRC.

 

Priti Patel

 

Clause  39,  page  24,  line  39,  leave out “repayment” and insert “payment”

 

Member’s explanatory statement

 

The explanatory statement for amendment 19 also applies to this amendment.


 
 

Notices of Amendments:                               

17

 

, continued

 
 

Priti Patel

 

Clause  42,  page  27,  line  40,  leave out “granted permission” and insert “permitted”

 

Member’s explanatory statement

 

This amendment provides that, where HMRC have issued a warning notice to a person to comply

 

with an information notice and the person is permitted to bring a late appeal against the

 

information notice without formal approval from the tribunal, the warning notice from HMRC will

 

have no effect.

 

Priti Patel

 

Clause  44,  page  29,  line  22,  leave out “granted permission” and insert “permitted”

 

Member’s explanatory statement

 

This amendment provides that, where HMRC have issued a warning notice to a person who has

 

made a prohibited payment and the person is permitted to bring a late appeal against the

 

assessment for the prohibited payment without formal approval from the tribunal, the warning

 

notice from HMRC will have no effect.

 

Priti Patel

 

Clause  48,  page  31,  line  27,  leave out from “offence,” to end of line 28

 

Member’s explanatory statement

 

This amendment removes the ability of HMRC to disqualify persons from the scheme because a

 

penalty for dishonest conduct has been imposed on them under another enactment.

 

Priti Patel

 

Clause  55,  page  36,  line  32,  leave out “to make, or not to make,” and insert “as to

 

whether or not to make or revoke”

 

Member’s explanatory statement

 

This amendment allows an appeal to be made against a decision by HMRC as to whether or not to

 

revoke an account restriction order. This means that it will be possible to appeal against any

 

decision made by HMRC in connection with restrictions on childcare accounts.

 

Priti Patel

 

Clause  55,  page  36,  line  35,  leave out “31 or 32” and insert “33”

 

Member’s explanatory statement

 

This amendment corrects a minor drafting error.

 

Priti Patel

 

Clause  55,  page  36,  line  44,  at end insert—

 

“( )    

Where a person is notified of an appealable decision under this Act, the

 

notification must include details of the person’s right to apply for a review of the

 

decision and to appeal against the decision.”

 

Member’s explanatory statement

 

This amendment provides that, in relation to any appealable decision, HMRC are required to

 

inform the person affected by the decision that he or she has a right to apply for a review of the

 

decision and, subsequently, to an appeal.

 

Priti Patel

 

Clause  58,  page  38,  leave out lines 23 to 28


 
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