Welfare Reform Bill

SEVENTEENTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 15th September 2011, as follows—

Clauses 109 to 136
Schedule 13
Clause 137
Schedule 14
Clauses 138 to 141

[Amendments marked * are new or have been altered]

Clause 109

LORD KENNEDY OF SOUTHWARK

103A

Page 76, line 46, at end insert—

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

Clause 111

LORD FREUD

104

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);”.”

Clause 113

BARONESS DRAKE

104ZA

Page 78, line 24, leave out from beginning to end of line 25 on page 79

LORD FREUD

104A

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.”

BARONESS DRAKE

104AA

Page 79, line 25, at end insert—

“(7) Under no circumstances shall the Secretary of State allow any targets to be set that would be intended to provide an incentive to increase the number or value of civil penalties issued under this section.”

LORD FREUD

104B

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.”

104C

[Withdrawn]

LORD FREUD

105

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);”.”

106

[Withdrawn]

After Clause 113

LORD RAMSBOTHAM

BARONESS HOLLINS

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

107

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 Jobseekers 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.”

After Clause 124

LORD FREUD

107A

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.”

107B

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.”

Clause 126

LORD FREUD

108

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

109

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

110

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

111

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;”

112

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.”

Clause 128

LORD FREUD

112A

Page 99, leave out lines 27 to 30

After Clause 129

LORD KIRKWOOD OF KIRKHOPE

113

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.”

113A

[Withdrawn]

LORD KIRKWOOD OF KIRKHOPE

BARONESS THOMAS OF WINCHESTER

[In substitution for Amendment 113A]

113AA

Insert the following new Clause—

“Social Security Advisory Committee

In section 173(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”.”

Clause 131

LORD KIRKWOOD OF KIRKHOPE

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

113B

Page 101, line 10, at end insert—

“( ) After section 1 of the Child Support Act 1991 there is inserted—

“Effective maintenance arrangements

(1) The main objective of the Secretary of State in applying the provisions of this Act shall be to maximise the number of those children who live apart from one or both parents for whom effective maintenance arrangements are in place.

(2) The Secretary of State shall prepare and lay before Parliament a report on a bi-annual basis giving details of the progress achieved under subsection (1) above in maximising the number of children who live apart from one or both parents for whom effective maintenance arrangements are in place.””

LORD KIRKWOOD OF KIRKHOPE

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

113C

Page 101, line 19, at end insert—

“(2B) To enable it effectively to assist both parents with care and non-resident parents in the making and keeping of maintenance agreements, the Commission shall prepare a report on a bi-annual basis dealing with the following matters—

(a) an evaluation of the range of needs of those parents either liable to pay child maintenance or to receive it and who have not made effective child maintenance arrangements, in terms of the level of assistance they require in the making and keeping of effective maintenance arrangements,

(b) an analysis of the number of parents either liable to pay child maintenance or to receive it and who have not made effective child maintenance arrangements broken down by the relative size of different groups of parents with similar needs as established under paragraph (a),

(c) a survey of the location and extent of services including local and national relationship and family support services that are available across the United Kingdom to support parents in the making and keeping of effective maintenance arrangements, and cost of any such service to parents,

(d) an evaluation of the capacity of the services identified under paragraph (c) to meet the needs of the eligible population without effective child maintenance arrangements as identified under paragraph (a), in the light of the relative size of different groups of parents with similar needs as identified under paragraph (b),

(e) an evaluation, in particular, of the effectiveness of any services that, under subsection (2A), the Commission has encouraged parents to use, or which the Commission considers, under subsection (2A)(b), are suitable services for an applicant to consider when seeking to satisfy the Commission that they have taken “reasonable steps” to establish whether a maintenance agreement is possible or appropriate.

(2C) The Secretary of State must lay before Parliament a copy of every report under subsection (2B).”

LORD KIRKWOOD OF KIRKHOPE

BARONESS TYLER OF ENFIELD

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

113D

Page 101, line 19, at end insert—

“(2B) Further to subsection (2A), upon receipt of an application under sections 4 and 7 above, before acceptance the Commission should—

(a) within 14 days of receipt of an application, notify the individual who would be the other party to a maintenance agreement with the applicant as outlined in subsection (2A)(b), of receipt of the application,

(b) give notice to the said individual that, unless contact is made with the Commission within 14 days of the notification under paragraph (a), the application will be automatically accepted by the Commission,

(c) where such contact is made within the time specified above, take steps to ensure that if the said individual is—

(i) fully appraised of the duties each parent has towards the maintenance of a qualifying child under section 1 of this Act,

(ii) encouraged to consider the making and keeping of a maintenance agreement,

(d) where such contact is not made within the time specified above, forthwith accept the said application.”

LORD MACKAY OF CLASHFERN

BARONESS HOWE OF IDLICOTE

LORD KIRKWOOD OF KIRKHOPE

LORD MCKENZIE OF LUTON

113DA

Page 101, line 19, at end insert—

“( ) In section 6 of the Child Maintenance and Other Payments Act 2008 (provision to allow charging of fees by the Commission), after subsection (2) insert—

“(3) 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 all 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 all such reasonable steps, it is either not possible or not appropriate for the parent with care to do so.””

LORD KIRKWOOD OF KIRKHOPE

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

113E

Page 101, line 19, at end insert—

“(1A) In section 6(2)(g) of the Child Maintenance and Other Payments Act 2008 (fees), after “fees” insert “including, in particular, waiver or reduction of any fee where the income of a parent who would otherwise be liable falls below prescribed levels”.”

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

113EA

Page 101, line 19, at end insert—

“(1A) In section 6(2)(g) of the Child Maintenance and Other Payments Act 2008, after “fees”, insert “including, in particular, waiver of any fee where the applicant has experienced domestic violence from the non-resident parent, which may have included physical, sexual, emotional, and financial abuse.””

LORD KIRKWOOD OF KIRKHOPE

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

113F

Page 101, line 20, leave out subsection (2)

Clause 132

LORD KIRKWOOD OF KIRKHOPE

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

113G

Page 101, line 38, at end insert—

“(c) the non-resident parent has not agreed to collection arrangements by the Commission under subsection (2A)(a), but has subsequently failed to make full payment of any maintenance due to the parent with care by the date it was due to be paid.

(2B) Where subsection (2A)(c) applies, the Commission shall forthwith (and within no more than seven days from the date of notification of non-payment by the parent with care) make arrangements under subsection (2)(a) for the collection of the child support maintenance payable.”

LORD KIRKWOOD OF KIRKHOPE

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

BARONESS HAYTER OF KENTISH TOWN

113H

Page 101, line 38, at end insert—

“(c) the parent with care has experienced domestic violence perpetrated by the non-resident parent”

Clause 133

LORD FREUD

114

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.””

After Clause 135

THE EARL OF LISTOWEL

114A

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 by statutory instrument subject to approval by resolution in both Houses of Parliament.”

Clause 136

LORD KIRKWOOD OF KIRKHOPE

 

Lord Kirkwood of Kirkhope gives notice of his intention to oppose the Question that Clause 136 stand part of the Bill.

Schedule 14

LORD FREUD

115

Page 173, leave out lines 5 to 10

116

Page 173, leave out lines 21 to 27

117

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

118

Page 174, leave out lines 12 to 17

Clause 139

LORD FREUD

118ZA

Page 104, line 5, at end insert—

“( ) section (Calculation of working tax credit) (calculation of working tax credit);”

118A

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.”

Clause 140

LORD FREUD

118B

Page 104, line 16, at end insert—

“( ) section (Calculation of working tax credit) (calculation of working tax credit);”

LORD KENNEDY OF SOUTHWARK

119

Page 104, line 43, at end insert—

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

120

Page 104, line 43, at end insert—

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

Prepared 25th November 2011