Welfare Reform Bill

Page 5, line 38, at end insert—

“( ) the fact that a claimant has reached the qualifying age for state pension credit.”

Page 5, line 40, at end insert “and arrangements for its annual uprating”

Insert the following new Clause—

“Childcare costs in the universal credit

(1) The amount in respect of other particular needs or circumstance, under section 12, shall include a childcare element for claimants who are in work, except in prescribed circumstances.

(2) The maximum award of the childcare element shall be a prescribed proportion of childcare costs (not less than 80 per cent, or 90 per cent where the element contributes to care for a disabled child), up to a prescribed maximum value (not less than £175 per week for one child and £300 for two or more children).

(3) “Children charges” are charges of a prescribed description incurred in respect of childcare by the claimant or claimants by whom a universal claim is made.

(4) “Childcare”, in relation to a person or persons, means care provided—

(a) for any child up to the last day in the week in which 1 September falls following the child’s 15th birthday or their 16th birthday if they are disabled, for whom the person is responsible, or for whom either or both of the persons is or are responsible; and

(b) by a person of a prescribed description.

(5) For the purposes of this section, regulations are to provide for a definition of “work”.”

[Withdrawn]

Insert the following new Clause—

“School meals

(1) The amount in respect of other particular needs or circumstances, under section 12, shall include an amount in respect of school meals for any dependents of the claimant.

(2) The maximum award of the amount under this section shall be 100% of the cost that the claimant would expect to incur in respect of school meals, up to a prescribed maximum value per child.

(3) Regulations shall specify the circumstances under which a claimant shall be entitled to an amount under this section.

(4) Under no circumstances shall any amount payable under this section be included in the “relevant amount” specified in section 93(5) of this Act.”

Insert the following new Clause—

“Health costs

(1) The amount in respect of other needs or circumstances, under section 12 of this Act, shall include an amount in respect of health costs.

(2) The maximum award of the amount under this section shall be 100% of the cost that the claimant would expect to incur in respect of prescribed health costs such as prescription, dental and optical charges, up to a prescribed maximum value.

(3) Regulations shall specify the circumstances under which a claimant shall be entitled to an amount under this section.

(4) Under no circumstances shall any amount payable under this section be included in the “relevant amount” specified in section 93(5) of this Act.”

Insert the following new Clause—

“Secretary of State obligations

Before the implementation of the universal credit system can commence, the Secretary of State shall publish a report to both Houses of Parliament demonstrating that the following have been fully tested and established—

(a) the relevant Department of Work and Pensions IT system,

(b) the relevant Her Majesty’s Revenue and Customs IT systems,

(c) the integration of the necessary IT systems,

(d) any necessary administrative agreements between the Department of Work and Pensions, local authorities and other delivery agents, and

(e) other systems and processes necessary for the successful delivery of the universal credit system.”

Page 6, line 8, at end insert—

“(1A) The Secretary of State shall, when imposing work-related requirements with which claimants must comply, ensure that claimants have the necessary type and level of personalised support, and access to localised support, to enable them to obtain employment, or to undertake work or work related activity.”

[Withdrawn]

Page 6, line 23, at end insert “and a statement of the responsibilities of the Secretary of State with regard to that claimant”

Page 6, line 24, leave out from “prepared” to end of line 25 and insert “on behalf of the Secretary of State by an officer who is specifically trained according to prescribed regulations and whose performance is regularly monitored”

Page 6, line 26, leave out from “commitment” to end and insert “may be reviewed and updated by an officer of the Secretary of State in conjunction with the claimant”

Page 6, line 31, at end insert—

“( ) a statement of the responsibilities of the Secretary of State with regard to that claimant,

( ) details of how the claimant may appeal the contents of the claimant commitment.”

Page 6, line 33, at end insert “, and

“(d) if the claimant has a long term health condition or impairment, the claimant commitment must specifically address any reasonable adjustments which need to be made.”

Page 7, line 10, leave out “(or more paid work or better-paid work)”

Page 7, line 23, leave out paragraph (b)

Page 7, line 31, at end insert—

“( ) Evidence from the claimant’s own health care professionals must be sought and taken into account as part of any work-focused health-related assessment.”

Page 8, line 19, leave out paragraph (c)

Page 8, line 29, after “locations” insert “which shall include consideration of the length and expense of the claimant’s travel”

Page 9, line 1, after “locations” insert “which shall include consideration of the length and expense of the claimant’s travel”

Page 9, line 3, at end insert—

“(e) the claimant having guaranteed and predictable access to high quality flexible and affordable childcare acceptable to the parents and children”

Page 9, line 16, at end insert—

“(e) the claimant is a family and friends carer who takes on the care of a child—

(i) where the child comes to live with the carer as a result of—

(a) plans made under a child protection inquiry in accordance with section 47 of the Children Act 1989;

(b) inquiries in accordance with section 53 of the Children (Scotland) Act 1995; or

(c) an investigation in accordance with section 37 of the Children Act 1989;

and the local authority states that the child cannot remain with the parents in the current circumstances;

(ii) where the carer has secured a residence order, including a residence order under section 11 of the Children (Scotland) Act 1995, or special guardianship order—

(a) to avoid a child being looked after where there is professional evidence of the impairment of the parents’ ability to care for the child;

(b) arising out of care proceedings;

(c) following the accommodation of a child; or

(d) following the death or serious illness of a parent;

(iii) where the carer is an approved kinship carer in accordance with Part V of the Looked After Children (Scotland) Regulations 2009; or

(iv) where the child would suffer undue hardship if the exemption did not apply.

(2A) Subsection (2)(e) applies for the first year of the claimant being the child’s carer.”

Page 9, line 30, at end insert—

“( ) a person who understands or is prepared to make a commitment to learn about the care and parenting needs of a child within the age group of the child for whom he or she is going to care,”

Page 10, line 32, at end insert—

“(4) Prescribed circumstances should include a claimant who is—

(a) a responsible carer for a youngest child aged 5 and 6, and

(b) is undertaking further education and training up to and including level 3 until—

(i) their youngest child reaches the age of 7, or

(ii) their further education or training course ends.”

Page 10, line 32, at end insert—

“( ) The Secretary of State must, except in prescribed circumstances, provide a claimant with access to personally tailored work related support.

( ) Regulations are to specify, or provide for, minimum standards for provision of personally tailored work related support.”

Page 11, line 24, at end insert—

“( ) The matters prescribed under subsection (2) shall include the well-being of any child whose life or care may be affected by the requirements of this section.”

Page 11, line 44, at end insert—

“( ) Regulations must make provision to ensure that prescribed circumstances where a claimant has caring responsibilities for children under the age of 16, the Secretary of State must not impose requirements under this Part which would significantly interfere with the claimant’s responsibility to discharge such responsibilities.

( ) No regulations in the Part shall supersede the provisions set out in The Jobseeker’s Allowance (Lone parents) (Availability for Work) Regulations 2010 or The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008, Clause 11.”

Page 12, line 12, at end insert—

“(1A) It is not a failure sanctionable under this section if a claimant falling within section 22 does not have guaranteed and predictable access to high quality, flexible and affordable child care acceptable to the parent and child or children.”

Page 13, line 8, at end insert—

“(d) if the claimant has a long term health condition or impairment, the Secretary of State must specifically address whether the health condition or impairment had an impact on the failure to comply and as such should be seen as good cause.”

Page 15, line 15, after “sections” insert “11 and”

Page 15, line 21, at end insert—

“( ) effective, face-to-face delivery to ensure that the universal credit is provided correctly the first time in relation to housing costs,

( ) the role of local authorities in assisting the administration of the universal credit.”

Lord Freud gives notice of his intention to oppose the Question that Clause 30 stand part of the Bill.

Insert the following new Clause—

“Universal credit: transitional provisions

Nothing in this Part will reduce current benefit entitlement available to claimants until after the transitional protection provisions commence 12 months after this Act is passed.”

Page 107, line 9, at end insert “whether for a limited period or otherwise”

Page 107, line 20, at end insert “and this will include an additional prescribed minimum level of earned income for claimants in receipt of the universal credit additional amount for caring responsibilities, and will be paid in addition to any other prescribed minimum level”

Page 107, line 20, at end insert “where the Secretary of State has reason to believe that a claimant has deprived himself of income for the purpose of securing entitlement to universal credit”

Page 107, line 26, at end insert—

“( ) In the case of joint claimants, regulations under this paragraph must specify that a particular amount of the earned income of a second earner should be disregarded.”

Page 107, line 26, at end insert—

“( ) Regulations may specify that the pension contributions of single or either of joint claimants are to be disregarded in calculating their income.”

Page 118, line 35, leave out paragraph 64

[Re-tabled as amendment 53C]

Page 16, line 27, at end insert “from 1st October 2017”

Page 16, line 27, leave out paragraph (d)

Page 16, line 39, after “benefit” insert “and council tax benefit”

Page 123, line 17, after second “payments” insert “and council tax”

The Lord Whitty gives notice of his intention to oppose the Question that Schedule 4 be the Fourth Schedule to the Bill.

Page 127, line 24, at end insert—

“( ) The provision referred to in paragraph 1(1) includes provision for the Secretary of State to publish a report on how a claim involving the housing cost element of universal credit can be made before the appointed day without local authority or face-to-face assistance.”

Page 127, line 24, at end insert—

“( ) The provision referred to in paragraph 1(1) includes provision for the Secretary of State to satisfy himself or herself that an appropriate pilot has been conducted on how a claim involving the housing cost element of universal credit can be made before the appointed day without local authority or face-to-face assistance.”

Page 17, line 32, at end insert—

“(6A) Regulations under this section must provide that, for a claimant to be treated as not having limited capability for work, the claimant must be able to—

(a) reliably perform their work on a sustainable basis, for at least 26 weeks, without requiring excessive leave or absences;

(b) work in open unsupported employment without requiring excessive support to perform their work.

(6B) For the purposes of regulations made under this section—

“work” means work—

(a) that is for at least 16 hours per week on wages that are at or above the relevant minimum wage; and

(b) that exists in the United Kingdom;

“excessive support” means more than what is usually considered to be reasonable adjustments or normal supervision (or both).”

Insert the following new Clause—

“Effect on devolved administrations

Where the implementation of any sections in Part 1 of this Act may have an implication for other services which are the responsibilities of devolved administrations in Wales and Scotland, there shall not be a commencement of such sections until the impact of such provisions has been discussed with the relevant ministers of the devolved administrations.”

Insert the following new Clause—

“Benefit regulator

Nothing in this Part shall be introduced until a claimant regulatory authority is established to oversee the professional standards being observed by those government departments and other agencies delivering universal credit and other benefits.”

Insert the following new Clause—

“Pilot schemes

(1) Any power to make—

(a) regulations under this Part,

(b) regulations under the Social Security Administration Act 1992 relating to universal credit, or

(c) regulations under the Social Security Act 1998 relating to universal credit,

may be exercised so as to make provision for piloting purposes.

(2) In subsection (1), “piloting purposes”, in relation to any provision, means the purposes of testing—

(a) the extent to which the provision is likely to make universal credit simpler to understand or to administer,

(b) the extent to which the provision is likely to promote—

(i) people remaining in work, or

(ii) people obtaining or being able to obtain work (or more work or better-paid work), or

(c) the extent to which, and how, the provision is likely to affect the conduct of claimants or other people in any other way.

(3) Regulations made by virtue of this section are in the remainder of this section referred to as a “pilot scheme”.

(4) A pilot scheme may be limited in its application to—

(a) one or more areas;

(b) one or more classes of person;

(c) persons selected—

(i) by reference to prescribed criteria, or

(ii) on a sampling basis.

(5) A pilot scheme may not have effect for a period exceeding three years, but—

(a) the Secretary of State may by order made by statutory instrument provide that the pilot scheme is to continue to have effect after the time when it would otherwise expire for a period not exceeding twelve months (and may make more than one such order);

(b) a pilot scheme may be replaced by a further pilot scheme making the same or similar provision.

(6) A pilot scheme may include consequential or transitional provision in relation to its expiry.”

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 13, at end insert—

“( ) section 9(3) (standard allowance: exceptions);”

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 15, at end insert—

“( ) section 10(4) (responsibility for children and young persons: exceptions);”

Page 20, line 17, at end insert—

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

Page 20, line 18, leave out paragraph (g)

Page 20, line 20, leave out paragraph (i)

Page 20, line 23, at end insert—

“( ) A statutory instrument containing regulations made by the Secretary of State under this Part by virtue of section 4(7) (basic conditions), alone or with other regulations, is subject to the affirmative resolution procedure.”

Page 20, line 23, at end insert—

“( ) A statutory instrument containing regulations made by the Secretary of State under this Part by virtue of section 6(1)(a) (restrictions on entitlement), alone or with other regulations, is subject to the affirmative resolution procedure.”

Page 20, line 23, at end insert—

“( ) A statutory instrument containing regulations made by the Secretary of State under this Part by virtue of section 18 (work availability requirement), alone or with other regulations, is subject to the affirmative resolution procedure.”

Page 20, line 23, at end insert—

“( ) A statutory instrument containing regulations made by the Secretary of State under this Part by virtue of section 19(2)(d) (claimants subject to no work-related requirement), alone or with other regulations, is subject to the affirmative resolution procedure.”

Page 20, line 23, at end insert—

“( ) A statutory instrument containing regulations made by the Secretary of State under this Part by virtue of section 28 (hardship payments), alone or with other regulations, is subject to the affirmative resolution procedure.”

Page 20, line 25, leave out from beginning to “(pilot” and insert “by virtue of section (pilot schemes)”

Page 20, line 42, leave out “made by the Scottish Ministers”

Insert the following new Clause—

“Universal credit: requirement for simplicity

Nothing in the regulations giving effect to this Part shall introduce avoidable complexity to the claiming, calculation or payment of universal credit.”

Insert the following new Clause—

“Transferring staff to government departments

Staff transferring from local authorities to relevant government departments to—

(a) administer housing costs,

(b) administer the housing element of pension credit, or

(c) to detect fraud,

shall do so under the Transfer of Undertakings Protection of Employment (TUPE) Regulations 2006.”

Insert the following new Clause—

“Transferring staff to government departments (No. 2)

Local authorities shall be able to claim compensation from the relevant government department for any commercial contract penalties, staffing costs and other new burdens associated with the transfer of any housing cost administration and fraud detection work, under a scheme to be drawn up by the Secretary of State.”

Page 21, line 17, at end insert “who is specifically trained according to prescribed regulations and whose performance is regularly monitored”

Page 21, line 18, at end insert “in conjunction with the claimant”

Page 21, line 21, at end insert “, and

(e) if the claimant has a long term health condition or impairment the claimant commitment must specifically address any reasonable adjustments which need to be made.”

Page 21, line 36, at end insert—

“(4A) A claimant shall not be invited to accept a claimant commitment by an employment officer unless the employment officer has taken steps to ensure, and is satisfied, that the claimant will have the necessary type and level of personalised support, and access to localised support, to enable them to comply with the claimant commitment and to obtain employment, or to undertake work or work related activity.”

Page 24, line 39, at end insert—

“(c) if the claimant has a long term health condition or impairment, the Secretary of State must specifically address whether the health condition or impairment had an impact on the failure to comply and as such should be seen as good cause.”

Page 26, line 12, at end insert—

“(c) if the claimant has a long term health condition or impairment, the Secretary of State must specifically address whether the health condition or impairment had an impact on the failure to comply and as such should be seen as good cause.”

The Lord German gives notice of his intention to oppose the Question that Clause 47 stand part of the Bill.

Page 29, line 11, at end insert “, and

(d) if the claimant has a long term health condition or impairment the claimant commitment must specifically address any reasonable adjustments which need to be made.”

Page 31, line 4, after “circumstances” insert “(including claimants prescribed in section 22(4) and (5) of the Welfare Reform Act 2011)”

Page 33, line 32, at end insert—

“(d) if the claimant has a long term health condition or impairment the Secretary of State must specifically address whether the health condition or impairment had an impact on the failure to comply and as such should be seen as good cause.”

Page 34, line 28, at end insert—

“(d) if the claimant has a long term health condition or impairment the Secretary of State must specifically address whether the health condition or impairment had an impact on the failure to comply and as such should be seen as good cause.”

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 36, leave out lines 32 and 33 and insert—

“(a) does not include any days occurring before the coming into force of this section.”

Page 36, line 35, at end insert—

“(c) does not include any days during the 13-week assessment phase”

Page 36, line 35, at end insert—

“(4) The period of days referred to in subsection (1) shall restart following any period in which a person is a member of the support group.”

Page 36, line 36, at end insert—

“( ) In Schedule 1 to the Welfare Reform Act 2007, in paragraph 6 insert—

(2A) Regulations for the purposes of sub-paragraph (2) must provide a minimum gross weekly amount of income that the other member of the couple may receive before their income may be treated as income of the claimant.

(2B) The minimum gross weekly amount of income prescribed in sub-paragraph (2A) may not be set below the personal allowance for income tax divided by 52.”

The above-named Lords give notice of their intention to oppose the Question that Clause 51 stand part of the Bill.

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).”

The above-named Lords give notice of their intention to oppose the Question that Clause 52 stand part of the Bill.

Page 39, line 37, at end insert “, and

(d) the claimant commitment must specifically address any reasonable adjustments which need to be made as a result of the claimant’s health condition or impairment.”

Page 44, line 15, at end insert—

“(d) the Secretary of State must specifically address whether the claimant’s health condition or impairment had an impact on the failure to comply and as such should be seen as good cause.”

Page 52, line 36, at end insert—

“( ) A statutory instrument containing the first regulations made by the Secretary of State under subsection (3), (5) or (6), alone or with other regulations, is subject to the affirmative resolution procedure.”

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 52, line 36, at end insert—

“( ) After subsection (7) insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a person has provided the relevant authority with such certificates, documents, information or evidence as are sufficient to satisfy the authority that the person is disabled and is living in a property specially adapted or particularly suited to meet the needs of that person.””

Page 52, line 36, at end insert—

“( ) After subsection (7) insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a person in the household is in receipt of any component of Disability Living Allowance or (as the case may be) of personal independence payment.””

Page 52, line 36, at end insert—

“( ) After subsection (7) insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, 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 is providing a foster care placement.””

Page 52, line 36, at end insert—

“( ) After subsection (7) insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, 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 is living in supported or sheltered housing.””

Page 52, line 36, at end insert—

“( ) After subsection (7) insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a person has no means of avoiding a housing benefit reduction for under-occupying a property let by a local housing authority or private registered provider of social housing because no suitable alternative social rented sector accommodation is available in the locality.””

Page 52, line 36, at end insert—

“(4) After subsection (7) insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, 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.””

Page 52, line 36, at end insert—

“( ) After subsection (7) insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, 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 is awaiting for a child to be returned from the care of a local authority.””

Page 52, line 36, at end insert—

“( ) After subsection (7) insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, 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 is providing accommodation to a care-leaver.””

Page 52, line 36, at end insert—

“(4) After subsection (7) insert—

(7A) In relation to social housing, regulations under this section shall not permit the use of appropriate maximum housing benefit to be less than the actual amount of the liability in a case where a household has a disabled child.”

The Lord Whitty gives notice of his intention to oppose the Question that Clause 68 stand part of the Bill.

Page 57, line 2, at end insert—

“( ) The regulations must provide that—

(a) persons approved by the Secretary of State to undertake assessments have specific training in all mental, intellectual and cognitive disorders;

(b) training should make specific reference to the circumstances in which an assessor should request additional advice and support from a person or persons designated as having specific expertise in mental, intellectual and cognitive disorders, as defined in the regulations;

(c) persons approved by the Secretary of State to undertake assessments will have access to advice from a person or persons designated as having specific expertise in the mental, intellectual and cognitive disorders, as defined in the regulations.”

Page 57, line 7, after “consultation” insert “except persons exempted under subsection (4)(d)”

Page 57, line 10, at end insert—

“(d) exempting certain categories of people from any requirement made under section 78(4)(c) to participate in such a consultation, where sufficient medical and other expert evidence from a relevant care professional is available to determine the questions set out in subsections (1) and (2).”

Page 57, line 17, at end insert—

“(d) exempting certain categories of people from any requirement made under section 78(4)(c) to participate in such a consultation, where sufficient medical and other expert evidence from a relevant care professional is available to determined the questions set out in subsections (1) and (2).”

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

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

Page 57, line 42, leave out from “previous” to second “months” and insert “3 months” means the 3”

Page 57, line 44, leave out from “next” to second “months” and insert “9 months” means the 9”

Page 59, line 34, at end insert—

“( ) For the purposes of prescribing qualifying services under subsection (4)(e)—

(a) earnings shall not include any payment in respect of expenses—

(i) wholly, exclusively and necessarily incurred in the performance of the duties of the employment; or

(ii) arising out of the claimant’s participation in a service user group.

(b) notional income shall not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group;

(c) “service user group” means a group of individuals that is consulted by or on behalf of—

(i) a Health Board, Special Health Board or the Agency in consequence of a function under section 2B of the National Health Service (Scotland) Act 1978;

(ii) a landlord authority in consequence of a function under section 105 of the Housing Act 1985;

(iii) a public authority in consequence of a function under section 49A of the Disability Discrimination Act 1995;

(iv) a best value authority in consequence of a function under section 3 of the Local Government Act 1999;

(v) a local authority landlord or registered social landlord in consequence of a function under section 53 of the Housing (Scotland) Act 2001;

(vi) a relevant English body or a relevant Welsh body in consequence of a function under section 242 of the National Health Service Act 2006;

(vii) a Local Health Board in consequence of a function under section 183 of the National Health Service (Wales) Act 2006;

(viii) the Commission or the Office of the Health Professions Adjudicator in consequence of a function under sections 4, 5 or 108 of the Health and Social Care Act 2008;

(ix) the regulator or a registered provider in consequence of a function under sections 98, 193 or 196 of the Housing and Regeneration Act 2008;

(x) the National Institute for Health Research and Department of Health commissioning programmes;

(xi) the National Institute for Health infrastructure organisations including research networks, Research Design Sevices, Collaborations for Leadership and Applied Health Research and Care, University Research Institutes and groups and other higher education institutions, individual research studies, social care bodies, charities and other not for profit organisations; or

(xii) a public or local authority in Great Britiain in consequence of a function conferred under any other enactment for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group or monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons.”

Insert the following new Clause—

“Carer’s allowance

In section 70 of the Social Security Contributions and Benefits Act 1992 (invalid care allowance), for subsection (2) substitute—

“(2) In this section, “severely disabled person” means a person in respect of whom there is payable either an attendance allowance; a disability living allowance by virtue of entitlement to the care component at the middle or higher rate; or a personal independence payment by virtue of entitlement to the daily living component at the standard or enhanced rate or such other payment out of public funds on account of his need for attendance as may be prescribed.””

Page 60, line 11, leave out subsection (3) and insert—

“(3) Regulations shall prescribe the considerations to be taken into account in deciding whether a fixed-term award would be appropriate.”

Page 60, line 12, at end insert—

“(3A) Regulations shall provide that a fixed-term award would not be deemed appropriate where sufficient medical or other expert evidence from a relevant care professional indicated that the claimant has a lifelong condition or disability of a degenerative nature that means the claimant is likely to meet the requirements of section 76(1) or 78(1), as appropriate, indefinitely.”

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 28, at end insert “including those aged 16 to 24”

Page 61, line 30, at end insert—

“( ) A statutory instrument containing (whether alone or with other provision) regulations made under section 76(4) or 77(4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

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 61, line 35, at end insert “and those aged 16 to 24”

Page 61, line 41, leave out “made by the Scottish Ministers”

Page 62, line 16, after “couple” insert “or family with children”

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

Page 62, line 40, at end insert—

“( ) The regulations under this section must not impose a benefit cap to the welfare benefits of claimants with entitlement to carer’s allowance or additional amounts within universal credit for claimants with regular and substantial caring responsibilities.”

Page 62, line 40, at end insert—

“( ) Regulations under this section shall provide that the benefit cap shall not be applied for the first 26 weeks from the date on which the claimant’s total entitlement to welfare benefits exceeds the relevant amount.”

Page 62, line 40, at end insert—

“( ) Family and friends carers will be exempt from the benefit cap where—

(a) the child comes to live with the carer as a result of plans made within a section 47 Children’s Act 1989 child protection enquiry or following enquiries under section 53 of the Children (Scotland) Act 1995 and the local authority states that the child cannot remain with the parents in the current circumstances;

(b) a child comes to live with the carer following a section 37 Children Act 1989 investigation and the local authority states that the child cannot remain with the parents in the current circumstances;

(c) a carer has secured a residence order, including a residence order under section 11 of the Children (Scotland) Act 1995, or special guardianship order to avoid a child being looked after, and there is professional evidence of the impairment of the parents’ ability to care for the child;

(d) the carer has a residence order, including a residence order under section 11 of the Children (Scotland) Act 1995, or special guardianship order arising out of care proceedings;

(e) the carer has a residence order, including a residence order under section 11 of the Children (Scotland) Act 1995, or special guardianship order following the accommodation of a child;

(f) the carer has a residence order, including a residence order under section 11 of the Children (Scotland) Act 1995 or special guardianship order following the death or serious illness of a parent;

(g) the carer is an approved kinship carer under Part V of the Looked After Children (Scotland) Regulations 2009;

(h) the child would suffer undue hardship if the exemption did not apply.”

Page 62, line 41, at end insert—

“( ) Regulations under this section must provide for an exemption from the application of the benefit cap for individuals or couples owed a duty to be provided with interim or temporary accommodation under section 188, 190, 193 or 200 of the Housing Act 1996.”

Page 63, line 1, leave out subsections (6) and (7) and insert—

“(6) The amount specified under subsection (5) is to be determined by reference to estimated average income.

(7) In this section “estimated average income” means the amount which, in the opinion of the Secretary of State, represents at any time the average weekly income of a relevant working household in Great Britain, including receipt of benefits and tax credits, and after deductions in respect of tax and national insurance contributions.”

Page 63, line 3, leave out subsection (7) and insert—

“(7) In this section—

(a) “estimated average earnings” means the amount which, in the opinion of the Secretary of State, represents at any time the average weekly earnings of a relevant working household in Great Britain, after deductions in respect of tax and national insurance contributions;

(b) a “relevant working household” refers to a household of “a family with children” working 16 hours or more per week, when assessing the level of the cap for families with children.”

Page 63, line 7, leave out subsections (8) and insert—

“(8) Such earnings will be estimated according to mean earnings estimates.”

Page 63, line 23, at end insert “other than housing benefit”

Page 63, line 27, at end insert—

“(c) child benefit;

(d) child tax credit or the child responsibility element of universal credit;

(e) the childcare costs element of universal credit.”

Page 63, line 27, at end insert—

“( ) In order to avoid the risks associated with relocation, households where at least one child is the subject of, or pending—

(a) a Child Protection Plan,

(b) a Children in Need assessment, or

(c) a Common Assessment Framework Team,

shall not be subject to the benefit cap.”

Page 63, line 27, at end insert—

“(12) Exemptions to the benefit cap will be made for households—

(a) where one or more members is in receipt of disability living allowance;

(b) where one or more members of the household is a war widow;

(c) where the household has left employment within the last 12 months;

(d) where the household is unable to move into work as a result of being unable to make work pay;

(e) where the household is working more than 16 hours per week in total;

(f) where the household contains a lone parent with a child under the age of 5;

(g) where the household includes a “family and friends” carer.”

The above-named Lords give notice of their intention to oppose the Question that Clause 93 stand part of the Bill.

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, leave out subsection (3) and insert—

“( ) A statutory instrument containing (whether alone or with other provision) regulations made under section 93 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

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

The above-named Lords give notice of their intention to oppose the Question that Clause 94 stand part of the Bill.

Insert the following new Clause—

“Benefits payments to prisoners

(1) Regulations shall provide that a person undergoing imprisonment or detention in legal custody who, at the time that imprisonment or custody commences, is in receipt of any of the qualifying benefits, shall be assessed, during his time in imprisonment or custody, for eligibility for those benefits at the time of his release from imprisonment or custody.

(2) For the purposes of this section, the qualifying benefits are—

(a) universal credit;

(b) jobseeker’s allowance;

(c) employment and support allowance;

(d) income support;

(e) personal independence payment, to the extent provided for in regulations made under section 84 (prisoners) above; and

(f) any other benefits provided for in regulations made under this section.

(3) Regulations made under this section shall provide that the assessment required under subsection (1) shall commence as soon as a person is received into imprisonment or custody.

(4) Regulations shall in particular provide that a person appointed by the Secretary of State shall record, at the time a person is received into imprisonment or custody, details of any qualifying benefits which are in payment at that time, together with any personal information needed to establish the person’s identity, including but not limited to their national insurance number.

(5) An assessment of eligibility under subsection (1) shall be completed in such time as to ensure that the person assessed receives payment of any benefits for which he is assessed as being eligible no later than one week after his release from imprisonment or custody.

(6) Regulations under this section shall be made by the Secretary of State and shall be subject to the affirmative resolution procedure.”

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

Page 69, line 3, leave out “earnings” and insert “incomes”

Page 69, line 4, leave out ““earnings”” and insert ““incomes””

Page 69, leave out lines 16 and 17

Page 69, line 33, at end insert—

“( ) Regulations under subsection (1) shall include provision—

(a) as to a level of income below which income must not be reduced;

(b) requiring the Secretary of State to take into account research into the minimum incomes required for healthy living when deciding the level of income in paragraph (a);

(c) protecting the reduction of the level of income in paragraph (a) by any other debt.”

Page 72, line 16, at end insert—

“71ZI Non-recoverable overpayments

The Secretary of State may not recover any amount of any benefits paid in error by officials when the claimant could not reasonably be expected to know he or she was being overpaid.”

Page 76, line 46, at end insert—

“( ) The Secretary of State shall consult with local authorities and other interested parties on the likely costs and impact of the implementation of subsection (2).”

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 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.”

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.”

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);”.”

Page 80, line 16, at end insert—

“( ) A statutory instrument containing (whether alone or with other provision) regulations made under section 115C or 115D above may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

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;

(4) A person who is subject to a penalty may appeal to a tribunal (lower tier) against the imposition of such a penalty.”

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.”

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—

(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.

(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.”

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.”

Page 99, leave out lines 27 to 30

Insert the following new Clause—

“Office for Social Protection

An Office for Social Protection shall be established to examine and report on the adequacy and sustainability of contributory, means-tested and other social security benefits, conditions relating to entitlement, and appeals mechanisms within the social security system.”

Insert the following new Clause—

“Social Security Advisory Committee

In section 174(5)(a) of the Social Security Administration Act 1992 for “coming into force of the enactment under which those regulations are made” substitute “enactment under which those regulations are made receiving Royal Assent.”

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.””

Insert the following new Clause—

“Training of Job Centre Plus staff

(1) The Secretary of State shall make arrangements for the development of skills of staff in Job Centre Plus and other offices where claims for any benefits payable under this Act are awarded or where the needs of claimants for any of those benefits are assessed.

(2) In making arrangements under subsection (1), the Secretary of State shall ensure that due attention is paid to the need to ensure that staff have the experience and expertise necessary to perform their duties.

(3) The Secretary of State shall prepare and lay before Parliament a report on whether arrangements under subsection (1) can be more effectively made if the staff concerned transfer to a non-departmental public body or to any other form of organisation the Secretary of State thinks appropriate.

(4) Arrangements made under subsection (1) shall be made in a statutory instrument subject to approval by resolution in both Houses of Parliament.”

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

Page 104, line 11, at end insert—

“( ) Sections (Information-sharing between Secretary of State and DPP) and (Unlawful disclosure of information supplied to DPP) extend to England and Wales only.”

Page 104, line 43, at end insert—

“( ) The Regulations referred to in Section 11 shall come into force on 1 October 2017.”

Page 104, line 43, at end insert—

“( ) Section 35 shall come into force on 1 October 2017.”