Welfare Reform Bill

REVISED
FIFTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments have been marshalled in accordance with the Order of 5th December 2011, as follows—

Clauses 94 to 100
Schedule 11
Clause 101
Schedule 12
Clauses 102 to 140
Schedule 13
Clause 141
Schedule 14
Clauses 142 to 145

[Amendments marked * are new or have been altered]

Clause 94

BARONESS DONAGHY

58C

Page 63, line 22, at end insert “except for industrial injuries benefit awards”

LORD MCKENZIE OF LUTON

LORD BEST

THE LORD BISHOP OF RIPON AND LEEDS

[In substitution for Amendment 61ZA]

58D*

Page 63, line 22, at end insert—

“( ) Regulations under this section must provide for an exemption from the application of the benefit cap for vulnerable individuals, and individuals and couples with children, who—

(a) as a result of the application of the benefit cap, the relevant local authority would consider threatened with homelessness and in priority need,

(b) are owed a duty to be provided with interim or temporary accommodation under section 188, 190, 193 or 200 of the Housing Act 1996, or

(c) which the local authority has accepted as homeless and in priority need.”

THE LORD BISHOP OF RIPON AND LEEDS

BARONESS SHERLOCK

BARONESS GREY-THOMPSON

BARONESS TYLER OF ENFIELD

59

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

BARONESS FLATHER

59A

Page 63, line 41, at end insert—

“(ea) make provision so that, prior to the application of the benefit cap, should the relevant amount include an award of universal credit under section 10(1) then the amount included for—

(i) the third child shall be reduced to 75 per cent; and

(ii) the fourth child shall be reduced to 50 per cent,

of that included for the first child;”

LORD BEST

BARONESS DRAKE

60

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.”

BARONESS HOLLINS

BARONESS HOWE OF IDLICOTE

THE LORD BISHOP OF RIPON AND LEEDS

60A

Page 64, line 5, at end insert—

“( ) 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.”

BARONESS DRAKE

60B

Page 64, line 5, at end insert—

“( ) Regulations under this section must provide for an exemption from the application of the benefit cap for family and friends carers where—

(a) the child comes to live with the carer as a result of plans made within a section 47 of the Children 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 of the 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.”

LORD BEST

LORD MCKENZIE OF LUTON

61

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.”

61ZA

[Re-tabled as Amendment 58D]

BARONESS HOWE OF IDLICOTE

61ZB*

Page 64, line 8, leave out “estimated average earnings” and insert “a formula, which takes account of regional variations in—

(a) the average weekly costs of private rented accommodation,

(b) the average weekly cost of childcare,

(c) average weekly earnings, and

(d) any other variable the Secretary of State considers appropriate.”

61ZC*

Page 64, line 9, leave out subsection (7)

61ZD*

Page 64, line 13, leave out subsection (9) and insert—

“( ) In determining additional variables under subsection (6), the Secretary of State must consult such representatives of local government and relevant professional bodies as the Secretary of State thinks appropriate.”

BARONESS FLATHER

61A

Page 64, line 33, at end insert—

“(12) Regulations made under subsection (4)(ea) shall only apply to claimants whose third child is born at least nine months after this section coming into force.”

Clause 98

BARONESS MEACHER

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

THE LORD BISHOP OF LEICESTER

61B

Page 66, line 18, at end insert—

“(b) to determine that payment should be made to whichever of those persons is the responsible carer (as defined in clause 19(6) of the Welfare Reform Act 2011) in the case of any benefit awarded in respect of responsibility for children or young persons or any childcare element, or”

BARONESS LISTER OF BURTERSETT

61C*

Page 66, line 20, at end insert—

“(c) to determine that payment of determinate amounts of the benefit shall be paid to each member of a couple where the couple themselves request this.”

After Clause 99

LORD RAMSBOTHAM

62

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.”

Clause 100

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

THE LORD BISHOP OF RIPON AND LEEDS

62ZA

Page 67, line 24, at end insert—

“( ) After subsection (8)(b) there is inserted—

“(c) shall consider the extent to which a claimant falling under section 22 of the Welfare Reform Act 2012, and upon whom a sanction has been imposed under section 26 or 27 of that Act, had guaranteed and predictable access to childcare meeting the needs of any child for which the claimant was the responsible carer at the time when the decision appealed against was made.””

BARONESS GREY-THOMPSON

62ZB

Leave out Clause 100

Clause 103

BARONESS HOLLINS

BARONESS MEACHER

62ZC

Page 73, line 28, at end insert—

“71ZJ Non-recoverable overpayments

The Secretary of State may not recover any amount of any benefits paid in error by officials when the claimants could not reasonably be expected to know they where being overpaid.””

After Clause 113

LORD RAMSBOTHAM

62A

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.”

Before Clause 115

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

THE LORD BISHOP OF RIPON AND LEEDS

62B

Insert the following new Clause—

“Loss or reduction of benefits

The Secretary of State may not impose a sanction under section 26 or 27 on a claimant falling under section 22 where the claimant does not have guaranteed and predictable access to childcare meeting the needs of any child for which the claimant is the responsible carer.”

After Clause 124

LORD KNIGHT OF WEYMOUTH

62BA

Insert the following new Clause—

“Secretary of State obligations

Before the introduction of the Universal Credit system can commence, and full migration of the new system initiated, the Secretary of State must publish a report, demonstrating that all of the following have been fully tested and established—

(a) the DWP IT system,

(b) HMRC IT system,

(c) the integration of the IT systems,

(d) administrative agreement between DWP, local authorities and other delivery agents, and

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

Clause 129

LORD FREUD

62BB

Page 100, line 4, at end insert “or council tax”

62BC

Page 100, line 11, after “services” insert “, council tax”

62BD

Page 100, line 13, after “services” insert “, council tax”

62BE

Page 100, line 15, after “services” insert “, council tax”

62BF

Page 101, line 13, after “services” insert “or council tax”

62BG

Page 101, line 15, after “services” insert “or council tax”

62BH

Page 101, line 23, at end insert—

““council tax” includes any local tax to fund local authority expenditure;”

62BJ

[Re-tabled as Amendment 62BJA]

After Clause 132

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

LORD BLAIR OF BOUGHTON

[In substitution for Amendment 62BJ]

62BJA*

Insert the following new Clause—

“Information sharing in relation to the Social Fund

Before sharing information regarding eligibility for services under section 69(3) of this Act, the Secretary of State shall satisfy himself that the Local Authority is intending to deliver these services in accordance with the purposes set out in the settlement letter that accompanies any payments made from the Consolidated Fund under section 69 and that arrangements have been made to report on the use of these payments.”

Clause 133

LORD FREUD

62BK

Page 104, line 16, after “information” insert “contained in a declaration made under section 9(1) of the Births and Deaths Registration Act 1953 or”

Clause 134

LORD MACKAY OF CLASHFERN

LORD BOSWELL OF AYNHO

BARONESS SHERLOCK

LORD KIRKWOOD OF KIRKHOPE

62C

Page 105, line 11, at end insert—

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

“(2A) 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 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 such reasonable steps, it is either not possible or not appropriate for the parent with care to do so.””

After Clause 138

LORD FREUD

62D

Insert the following new Clause—

“Standards of decision-making

Section 81 of the Social Security Act 1998 (reports by Secretary of State and Child Maintenance and Enforcement Commission) is repealed.”

LORD ADEBOWALE

LORD LAYARD

BARONESS HOLLINS

62E

Insert the following new Clause—

“Condition relating to mental health

In section 8 of the Welfare Reform Act 2007 (limited capability for work), after subsection (4) there is inserted—

“(4A) Regulations made under subsection (1) shall provide that a person assessed as suitable for employment and support allowance by virtue of his mental condition but not currently receiving treatment from a mental health provider service shall be immediately referred to an appropriate mental health provider service and the prime provider shall then ensure that the person is already receiving or now receives suitable mental health employment support.

(4B) The Secretary of State shall issue guidance on what constitutes an appropriate mental health provider service and suitable mental health employment support for the purposes of subsection (4A).””

After Clause 140

LORD FREUD

62EA*

Insert the following new Clause—

“UK child poverty strategies

(1) Section 9 of the Child Poverty Act 2010 (UK strategies) is amended as follows.

(2) In subsection (7)(a)(i)—

(a) for “progress” there is substituted “measures”;

(b) for “needs to be made” there is substituted “need to be taken”.

(3) In subsection (7)(a)(ii)—

(a) for “progress” there is substituted “measures”;

(b) for “intends to make” there is substituted “proposes to take”;

(c) for “in achieving” there is substituted “to achieve”.

(4) In subsection (7)(b)—

(a) for “progress” there is substituted “measures (other than those described under paragraph (a))”;

(b) for “intends to make” there is substituted “proposes to take”;

(c) for “in achieving” there is substituted “to achieve”;

(d) the words from “otherwise than” to the end are repealed.

(5) In subsection (8), for paragraphs (b) and (c) there is substituted “and

(b) give an account (in such manner as the Secretary of State considers appropriate) of the effect of those measures, so far as relating to the purposes mentioned in subsection (2).””

Schedule 13

BARONESS HAYTER OF KENTISH TOWN

62F

Page 151, line 20, at end insert—

“( ) The Commission shall advise Ministers on how to eradicate child poverty within the UK.”

LORD FREUD

62G

Page 151, line 32, leave out from “strategy” to end of line 34

62H

Page 151, line 34, at end insert—

“( ) A report under subsection (1) must also describe—

(a) the measures taken by the Scottish Ministers in accordance with a Scottish strategy,

(b) the measures taken by the Welsh Ministers in accordance with a Welsh strategy, and

(c) in the case of a report made after the appointed day for Northern Ireland, the measures taken by the Northern Ireland departments in accordance with a Northern Ireland strategy.”

62J

Page 152, line 9, at beginning insert “after the appointed day for Northern Ireland,”

62JA*

Page 153, line 3, at end insert—

“( ) A Minister of the Crown may, if the Commission so requests, carry out or commission research for the purpose of the carrying out of the Commission’s functions.”

BARONESS HAYTER OF KENTISH TOWN

62K

Page 153, line 11, at end insert—

“10A The Commission may at any time request the Secretary of State to carry out, or commission others to carry out, such research on behalf of the Commission for the purpose of the carrying out of the Commission’s functions as the Commission may specify in the request.

10B If the Secretary of State decides not to comply with the request, the Secretary of State must notify the Commission of the reasons for the decision.”

LORD FREUD

62L

Page 154, line 29, at end insert—

“( ) After subsection (2) there is inserted—

“(3) In this Part “appointed day for Northern Ireland” means such day as a Minister of the Crown may by order with the consent of the Northern Ireland Assembly appoint (and different days may be appointed for the purposes of different provisions of this Part).””

Schedule 14

LORD FREUD

63

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

64

Page 165, line 23, at end insert—

“( ) in subsection (3A), “Part 1 of”;”

65

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

66

Page 165, line 29, at end insert—

“Section 1B(2).”

67

Page 166, line 51, at end insert—

“Section (Further entitlement after time-limiting)(2).”

67A

Page 175, line 33, at end insert—

“Part 14 Standards of decision-making
Short title and chapter Extent of repeal
Pension Schemes Act 1993 (c.48) In section 171A— (a) in subsection (2), paragraph (b) and the preceding “or”; (b) in subsection (3), “, or annexed to,”.
Child Maintenance and Other Payments Act 2008 (c. 6) In Schedule 7, paragraph 3(3).”

Clause 143

BARONESS CAMPBELL OF SURBITON

BARONESS WILKINS

BARONESS GREY-THOMPSON

68

Page 108, line 3, leave out “personal independence payment” and insert “personal disability costs payment”

Clause 144

BARONESS LISTER OF BURTERSETT

69

Page 108, line 41, at end insert—

“(2A) Section 57 (entitlement of lone parents to income support etc) will come into force no earlier than 1 April 2013, and not before the implementation of universal credit.”

LORD FREUD

70

Page 109, line 4, at end insert—

“( ) any provision of Part 4 (personal independence payment) or of Part 9 of Schedule 14;”

In the Title

LORD FREUD

71*

Line 5, after “Commission” insert “and otherwise amend the Child Poverty Act 2010”

Prepared 23rd January 2012