Welfare Reform Bill

Page 5, line 2, after “credit” insert “, subject to subsection (3A),”

Page 5, line 21, at end insert—

“(3A) In the case of alleged under-occupancy regulations may provide—

(a) in the case of a disabled person, relocation shall not be required nor shall benefit be reduced, where adaptation has occurred and local services are provided, in order to deal with the disability;

(b) in the case of a person capable of work-related activity, reduction of benefit or relocation shall not be proposed unless suitable employment is available within easy access of alternative accommodation.

(3B) Relocations may only proceed on the basis of agreement with the claimants concerned.”

Page 5, line 21, at end insert—

“(3A) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a household has no more than one spare bedroom.”

Page 5, line 23, at end insert “including mortgage interest”

Page 5, line 23, at end insert—

“(4A) Regulations shall provide for a relevant change in circumstances to include a change in the claimant’s actual rent.”

Page 5, line 23, at end insert—

“(4A) Regulations shall provide that any non-dependents in the household are taken into account when calculating the number of bedrooms which the claimant is entitled to.”

Page 5, line 23, at end insert—

“(4A) Regulations shall provide for—

(a) the frequency with which reviews of the relationship between increases in the rental market and the CPI will be conducted;

(b) the circumstances in which increases in the rental market and CPI will be deemed to have diverged;

(c) the circumstances in which there will be considered to be a critical lack of affordable housing;

(d) the circumstances in which this will lead to a change in the method used to uprate the housing component of universal credit.”

Page 5, line 23, at end insert—

“(4A) Regulations shall not permit any reduction of housing benefit or amounts included for accommodation in an award of universal credit in respect of under occupation, deemed or actual where—

(a) the landlord is local authority or registered provider of social housing, and

(b) any such landlord is not able to offer suitable alternative accommodation which would not cause a person to under occupy.

(4B) Regulations may make provision for determining when accommodation is suitable for the purposes of these provisions.”

Page 5, line 25, at end insert “including the award of council tax benefit”

Page 5, line 29, at end insert—

“(6) Regulations shall provide that where the award for housing costs is restricted to the shared accommodation rate, this shall not apply for a period of 52 weeks for any claimant aged between 25 years and 35 years, who is not an existing claimant of housing benefit.”

Page 5, line 29, at end insert—

“(6) Within one year of these regulations coming into force, an independent research review of their impact shall be laid before Parliament, and such a review to include the effects of such measures on the reduced incomes of social housing tenants and their families, the security of the rent roll of their social landlords, the depletion of tenants’ savings, levels of arrears, levels of eviction, any increased homelessness and use of temporary accommodation, the reduced prospects of pensioners for rehousing, and the likely availability of housing stock to meet the new underoccupancy standards, and related matters.”

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 6, line 8, at end insert—

“( ) 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.”

Page 7, line 13, at end insert “but a claimant unable to comply with the requirement to attend for interview may provide evidence to the effect from a health care professional as defined by section 16(6)”

Page 9, line 16, at end insert—

“(e) the claimant is receiving specified treatment for cancer, is recovering from that treatment or is likely to receive such treatment within 6 months”

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 11, line 34, leave out “for a period of 13 weeks” and insert “while the threat of domestic violence exists”

Insert the following new Clause—

“Review of in-work conditionality

The Secretary of State shall conduct a review into the operation of in-work conditionality, including outcomes for claimants, to conclude one year after the coming into force of this Act, and annually thereafter until 2018, and shall publish a report on the review to both Houses of Parliament.”

Page 12, line 41, leave out “three years” and insert “one year”

Page 13, line 8, at end insert—

“( ) If the claimant has a long-term health condition or impairment, the Secretary of State must specifically address—

(a) whether the health condition or impairment had an impact on the failure to comply and, as such, should be seen as good cause,

(b) whether reasonable adjustments had been made to the process.”

Page 13, line 40, at end insert—

“( ) Under no circumstances shall the Secretary of State allow any targets to be set which would increase the number or value of sanctions issued under this Part.”

Page 13, line 41, leave out “may” and insert “shall”

Page 14, line 4, at end insert “where the claimant has demonstrated compliance with the work-related requirements”

Page 111, line 20, at end insert “, where the Secretary of State has reason to believe that a claimant has deprived himself or herself of income for the purpose of securing entitlement to universal credit”

Page 126, line 3, leave out “and (2)” and insert “(2), (2A), (3) and (4)”

Page 126, line 3, at end insert—

“( ) section 1B(1) (as inserted by section (Further entitlement after time-limiting) of this Act;”

Page 22, line 13, at end insert—

“( ) 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 33, at end insert—

“(2A) Sanctions may not be applied under subsection (2)(a) in cases where the employee disputes that dismissal was fair and has instituted proceedings accordingly.”

Page 36, line 33, at end insert “by virtue of the first and second conditions set out in Part 1 of Schedule 1”

Page 36, line 34, leave out “365 days” and insert “a prescribed number of days which must be at least 730”

Page 37, line 4, at end insert—

“(2A) The period for which a person is entitled to a contributory allowance by virtue of the third condition set out in Part 1 of Schedule 1 (youth) shall not exceed 365 days.”

Page 37, line 5, after “(1)” insert “or (2A)”

Page 37, line 14, after “(1)” insert “or (2A)”

Page 37, line 22, at end insert—

“( ) Where a person has, within the previous 5 years of the date of the claim, ceased to be entitled to a contributory employment and support allowance by virtue of section 1A(1) of the Welfare Reform Act 2007 and—

(a) has limited capability for work-related activity, and

(b) since he or she last ceased to be entitled to a contributory employment support allowance, has had limited capability for work for the purposes of Part 1 of the Welfare Reform Act,

they shall be entitled to the contributory allowance.”

Insert the following new Clause—

“Further entitlement after time-limiting

(1) After section 1A of the Welfare Reform Act 2007 (as inserted by section 51 above) there is inserted—

“1B Further entitlement after time-limiting

(1) Where a person’s entitlement to a contributory allowance has ceased as a result of section 1A(1) or (2A) but—

(a) the person has not at any subsequent time ceased to have (or to be treated as having) limited capability for work,

(b) the person satisfies the basic conditions, and

(c) the person has (or is treated as having) limited capability for work-related activity,

the claimant is entitled to an employment and support allowance by virtue of this section.

(2) An employment and support allowance entitlement to which is based on this section is to be regarded as a contributory allowance for the purposes of this Part.”

(2) In section 1 of that Act (employment and support allowance), in the definition of “contributory allowance” in subsection (7), after “subsection (2)(a)” there is inserted “(and see section 1B(2))”.”

[Retabled as Amendment 45A]

Leave out Clause 52

Leave out Clause 52 and insert the following new Clause—

“In section 1 of the Welfare Reform Act 2007 (employment and support allowance), after subsection (3) there is inserted—

“(3A) After the coming into force of this subsection no claim may be made for an employment and support allowance by virtue of the third condition set out in Part 1 of Schedule 1 (youth).””

Leave out Clause 52 and insert the following new Clause—

“Condition relating to youth

In paragraph 4 of Schedule 1 to the Welfare Reform Act 2007 (condition relating to youth), after sub-paragraph (1)(d) insert—

“(e) after the assessment phase has ended, the claimant has limited capacity for work-related activity.””

Page 41, line 46, at end insert—

“(e) the claimant is receiving specified treatment for cancer, is recovering from that treatment or is likely to receive such treatment within 6 months”

Page 53, line 25, at end insert—

“(7) These provisions are subject to the provisions relating to under-occupancy in section 11(3A) of the Welfare Reform Act 2011.”

Page 53, line 25, 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 54, line 8, at end insert “providing those amounts are ring-fenced for the purpose set out in that Act”

Page 58, line 6, at end insert—

“(d) must provide that a suitable person, as defined under regulations, may attend the consultation alongside the claimant in order to assist the claimant in comprehending the meaning of the assessor’s questions, in completing the consultation effectively, and in explaining the needs resulting from claimant’s condition, where the claimant is unable to do so independently;

(e) must provide that claimants are informed of their right to be accompanied to the consultation by a suitable person as defined in paragraph (a).”

Page 58, line 6, 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 58, line 11, after “consultation” insert “except persons exempted under subsection (4)(d)”

Page 58, line 14, at end insert—

“(d) exempting certain categories of people from any requirement made under section 79(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 58, line 30, leave out “6” and insert “3”

Page 58, line 34, leave out “6” and insert “9”

Page 58, line 46, leave out “6 months” means the 6” and insert “3 months” means the 3”

Page 59, line 1, leave out “6 months” means the 6” and insert “9 months” means the 9”

Page 61, line 14, leave out subsection (3) and insert—

“( ) Regulations will prescribe what considerations must be taken into account in deciding whether a fixed term award would be appropriate.”

Page 61, line 15, at end insert—

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

Page 62, line 32, at end insert “including those aged 16 to 24”

Page 62, line 40, at end insert “and those aged 16 to 24”

Page 63, line 25, after “benefits” insert “with the exclusion of child benefit”

Page 64, line 5, 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 64, line 6, 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.”

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.”

Insert the following new Clause—

“Guidelines to be followed by officials of jobcentres and local authorities when imposing sanctions, penalties or overpayments

(1) The Secretary of State shall issue guidelines applying to claimants which must, when imposing sanctions or penalties, be followed by officials of jobcentres and local authorities.

(2) When drafting the guidelines referred to in subsection (1) the Secretary of State will have regard to guidelines issued by the Sentencing Council covering the determination of fines.

(3) Officials of jobcentres and local authorities shall take into account all the relevant factors and circumstances of welfare claimants before deciding to impose any sanction or any penalty and before deciding to recover any overpayment.

(4) It shall be the duty of the decision makers in jobcentres or local authorities to give reasons for any decision in any case where any sanction or penalty is imposed upon a welfare claimant and where any decision is made that an overpayment is recoverable.”

Page 165, line 19, at end insert “and “that Part of””

Page 165, line 23, at end insert—

Page 165, line 29, leave out “and (2)” and insert “(in both places), (2) and (2A)”

Page 165, line 29, at end insert—

Page 166, line 51, at end insert—