Welfare Reform Bill

The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill.

Page 2, line 5, leave out subsection (2)

Page 2, line 22, leave out subsection (2)

Page 2, line 29, leave out subsection (5)

Page 2, line 39, at end insert—

“( ) specify circumstances in which certain groups, which shall include parents, young people and disabled students, are treated as not receiving education.”

Page 3, line 3, at end insert—

“( ) Prior to the implementation of regulations made under this section, the Secretary of State shall initiate and respond to a public consultation concerning the operation of the claimant commitment.”

Page 3, line 3, at end insert—

“( ) The Secretary of State shall conduct a review into the impact on claimants of accepting a claimant commitment to conclude one year after the coming into force of this Act, and annually thereafter until 2018, and shall publish the reviews to both Houses of Parliament.”

Page 5, line 21, at end insert—

“(3A) Regulations under subsection (3)(a) above must ensure that payment for mortgage interest is and continues to be made available long-term for people acquiring a home via the Home Ownership for People with Long-term Disabilities (HOLD) scheme.”

Insert the following new Clause—

“Payment of housing costs

(1) This section applies to payments of the housing cost element of the universal credit.

(2) Payment of the housing costs element of the Universal Credit must be made to a person’s landlord where that person has requested or consented to such payment in agreement with their landlord.

(3) Regulations made by the Secretary of State may prescribe the circumstances in which subsection (2) does not apply.

(4) Regulations made by the Secretary of State shall prescribe the person who is to be treated as the landlord for the purposes of this section and shall make provision as to the discharge of liability consequent upon the making of any payments to the landlord.”

Page 20, line 9, at end insert—

“( ) section 4(7) (acceptance of claimant commitment);”

Page 20, line 12, leave out from “9(2)” to end of line 13 and insert “and (3) (standard allowance)”

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

Page 20, line 17, at end insert—

“( ) section 18(3) and (5) (work availability requirement);”

Page 36, leave out lines 31 to 35 and insert—

“(3) In calculating for the purposes of subsection (1) 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) In calculating for the purposes of subsection (1) 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).””

Page 37, line 10, leave out subsection (5) and insert—

“(5) In calculating for the purposes of subsection (4) the length of the period for which a person is entitled to an employment and support allowance, the following are not to be counted—

(a) days in which the person is a member of the support group (within the meaning of Part 1 of the Welfare Reform Act 2007),

(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) of the Welfare Reform Act 2007, and

(c) days in the assessment phase (within the meaning of Part 1 of the Welfare Reform Act 2007), where the days immediately following that phase fall within paragraph (a) or (b).

(6) In calculating for the purposes of subsection (4) the length of the period for which a person is entitled to an employment and support allowance, days occurring before the coming into force of this section are to be counted (as well as those occurring afterwards).”

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);”.

Page 60, line 17, at end insert “biennially for the first six years after those sections come into force”

Page 60, line 18, leave out “3” and insert “2”

Page 133, line 10, leave out from beginning to end of line 28 on page 134

Page 137, line 35, leave out from beginning to end of line 9 on page 140

Page 141, line 1, after “paragraph 3” insert “—

(a) in paragraph (f), the final “or” is repealed;”

Page 141, line 4, at end insert—

“(i) section 84 of that Act.”

Page 141, leave out lines 12 to 16

Page 141, line 37, leave out paragraph 62

Page 142, leave out lines 9 to 34

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

Page 61, line 32, at end insert—

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

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.”

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

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);”.”

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);”.”

Insert the following new Clause—

“Means inquiry before sanctions, penalties and recovery of overpayments are imposed

(1) In respect of the imposition of an overpayment or sanction under the Jobseeker’s Act 1995 or any other provision or in the case of a penalty imposed under section 115C of the Social Security Administration Act 1992 the Secretary of State shall consider—

(a) evidence of the physical condition of the claimant and his or her state of health;

(b) evidence of the psychological state of health of the claimant;

(c) evidence relating to the means and income of the claimant;

(d) evidence relating to the accommodation occupied by the claimant and the effect that the imposition of a sanction or penalty may have on the right to occupy such accommodation;

(e) the family circumstances of the claimant and the impact that it may have on other family members and dependents;

(f) evidence of the impact that a sanction or penalty may have on the ability of the claimant to fulfil obligations to third parties including those relating to the fulfilment of benefit entitlement conditions,

before deciding whether to impose a sanction or penalty and shall only do so where, having considered all the relevant circumstances, it is reasonable to do so.

(2) Regarding evidence as to means the Secretary of State must consider—

(a) the income of the claimant;

(b) the capital of the claimant;

(c) the expenditure of the claimant.

(3) In order to facilitate the enquiry into the matters set out in subsection (1) the Secretary of State or authority may—

(a) arrange for a medical examination of the claimant;

(b) obtain information from any agency holding relevant information on the income and resources of the claimant;

(c) receive evidence from any other person or persons with a knowledge of the circumstances of the claimant;

(d) a person who is subject to a penalty may appeal to a Tribunal (Lower Tier) against the imposition of such a penalty.”

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

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

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

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;”

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.”

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.””

Page 173, leave out lines 5 to 10

Page 173, leave out lines 21 to 27

Page 173, line 34, leave out “(b)” and insert “(a)”

Page 174, leave out lines 12 to 17