Welfare Reform Bill

AMENDMENTS
TO BE MOVED
ON REPORT
[Supplementary to the Revised Fourth Marshalled List]

Clause 94

BARONESS DRAKE

 

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 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 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.”

Clause 103

BARONESS HOLLINS

 

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.””

Clause 133

LORD FREUD

 

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”

Schedule 13

LORD FREUD

 

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

 

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.”

 

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

 

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).””

Prepared 18th January 2012