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| | | “Condition relating to youth (No. 2) |
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| | In paragraph 4 of Schedule 1 to the Welfare Reform Act 2007 (condition |
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| | relating to youth), after sub-paragraph (1)(d) insert— |
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| | “(e) | after the assessment phase has ended, the claimant has |
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| | limited capacity for work-related activity.”” |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendment No. 23 for the following Reason— |
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23A | Because Lords Amendments Nos. 15 and 23 would alter the financial arrangements made |
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| | by the Commons, and the Commons do not offer any further Reason, trusting that this |
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| | Reason may be deemed sufficient. |
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| | Lord Freud to move, That this House do not insist on its Amendments 15 and 23 |
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| | to which the Commons have disagreed for their Reasons 15A and 23A. |
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| | Baroness Lister of Burtersett to move, as an amendment to Motion D, at end in |
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| | sert “but do propose Amendment 23B as an amendment in lieu” |
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23B | After Clause 53, insert the following new Clause— |
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| | | “Condition relating to youth: review |
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| | In section 1 of the Welfare Reform Act 2007 (employment and support |
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| | allowance) after subsection (3A) there is inserted— |
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| | “(3B) | The Secretary of State shall conduct a review of the impact of the |
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| | provisions of subsection (3A) on such persons as are affected by |
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| | (3C) | The review under subsection (3B) shall commence twelve months |
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| | after subsection (3A) has come into force; and a report of the review |
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| | shall be laid before both Houses of Parliament within three months |
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| | of the review commencing.”” |
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| | |
| | LORDS AMENDMENTS 17 AND 19 |
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17 | Page 36, line 19, leave out “365 days” and insert “a prescribed number of days |
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| | which must be at least 730” |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendment No. 17 for the following Reason— |
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17A | Because it would alter the financial arrangements made by the Commons, and the |
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| | Commons do not offer any further Reason, trusting that this Reason may be deemed |
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19 | Page 36, line 30, at end insert— |
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| | “(2A) | The period for which a person is entitled to a contributory |
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| | allowance by virtue of the third condition set out in Part 1 of |
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| | Schedule 1 (youth) shall not exceed a prescribed number of days |
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| | which must be at least 730.” |
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| | COMMONS AGREEMENT WITH AMENDMENT |
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| | The Commons agree to this Amendment with the following Amendment— |
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19A | Line 4, leave out “a prescribed number of days which must be at least 730” and |
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| | Lord Freud to move, That this House do not insist on its Amendment 17 to which |
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| | the Commons have disagreed for their Reason 17A and do agree with the Com |
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| | mons in their Amendment 19A. |
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| | Lord McKenzie of Luton to move, as an amendment to Motion E, leave out from |
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| | “17A” to the end and insert “and do not agree with the Commons in their |
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| | Amendment 19A but do propose Amendments 17B, 17C, 17D and 19B as amend |
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| | ments in lieu of Amendments 17 and 19A” |
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17B | Page 36, line 19, leave out “365 days” and insert “the relevant maximum number |
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17C | Page 36, line 21, at end insert— |
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| | “( ) | In subsection (1) the “relevant maximum number of days” is— |
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| | (b) | if the Secretary of State by order specifies a greater number of days, |
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17D | Page 36, line 36, at end insert— |
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| | “(1A) | In section 25 of that Act (regulations)— |
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| | (a) | in the heading, after “regulations” there is inserted “and orders”; |
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| | (b) | in subsection (1), after “regulations” there is inserted “or an order”. |
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| | (1B) | In section 26 of that Act (Parliamentary control), at the end there is |
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| | “(3) | A statutory instrument containing an order under section 1A shall |
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| | be subject to annulment in pursuance of a resolution of either |
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19B | Line 4, leave out “a prescribed number of days which must be at least 730” and |
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| | (b) | if the Secretary of State by order specifies a greater number of days, |
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18 | Page 36, line 21, at end insert “except— |
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| | (a) | where a person is receiving treatment for cancer when |
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| | entitlement shall continue for so long as the person has (or |
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| | is treated as having) limited capacity for work; or |
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| | (b) | the person has (or is treated as having) limited capacity for |
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| | work as a consequence of a cancer diagnosis.” |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendment No. 18 for the following Reason— |
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18A | Because it would alter the financial arrangements made by the Commons, and the |
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| | Commons do not offer any further Reason, trusting that this Reason may be deemed |
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| | Lord Freud to move, That this House do not insist on its Amendment 18 to which |
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| | the Commons have disagreed for their Reason 18A. |
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| | Lord Patel to move, as an amendment to Motion F, at end insert “but do propose |
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| | Amendment 18B as an amendment in lieu” |
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18B | Page 36, line 35, at end insert— |
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| | “( ) | In calculating for the purpose of subsection (1) or (2A) the length of the |
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| | period for which a person is entitled to a contributory allowance, days in a |
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| | period during which a person is receiving treatment for cancer or suffering |
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| | from the effects of treatments for cancer are not to be counted.” |
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47 | Page 62, line 19, after “benefits” insert “with the exclusion of child benefit” |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendment No. 47 for the following Reason— |
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47A | Because it would alter the financial arrangements made by the Commons, and the |
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| | Commons do not offer any further Reason, trusting that this Reason may be deemed |
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| | Lord Freud to move, That this House do not insist on its Amendment 47 to which |
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| | the Commons have disagreed for their Reason 47A. |
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| | Lord McKenzie of Luton to move, as an amendment to Motion G, at end insert |
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| | “but do propose Amendment 47B as an amendment in lieu” |
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47B | Page 62, line 40, at end insert— |
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| | “( ) | Regulations under this section shall provide that the benefit cap shall not |
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| | be applied in prescribed circumstances, for the first 39 weeks from the |
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| | ( ) | Such prescribed circumstances shall include— |
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| | (a) | a claimant leaving work as a result of being made redundant or |
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| | (b) | the requirement for the claimant to have been in work for a |
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| | prescribed period prior to the relevant date. |
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| | ( ) | The relevant date is the date from which a claimant is treated as not being |
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| | in work for the purposes of this section.” |
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| | Lord McKenzie of Luton to move, as an amendment to Motion G, at end insert |
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| | “but do propose Amendments 47C to 47H as amendments in lieu” |
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47C | Page 62, line 40, at end insert— |
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| | “( ) | Regulations may provide for the benefit cap to be applied to the welfare |
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| | benefits to which a single person or a couple is entitled according to the |
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| | local area in which they are ordinarily resident.” |
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47D | Page 63, line 1, leave out “reference to estimated average earnings” and insert “the |
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| | Secretary of State upon receipt of recommendations from the Independent Body |
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47E | Page 63, line 3, leave out subsections (7) and (8) |
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47F | Page 63, line 8, at end insert— |
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| | “(7) | Before making the first regulations under subsection (5), the Secretary of |
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| | State shall refer the matters specified in subsection (8) to the Independent |
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| | Body on the Benefit Cap for their consideration. |
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| | (8) | Those matters shall include— |
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| | (a) | the need to safeguard against homelessness; |
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| | (b) | the targets in sections 3 to 6 of the Child Poverty Act 2010; |
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| | (c) | the differences in housing costs between London and the rest of the |
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| | (9) | Where matters are referred to the Independent Body on the Benefit Cap |
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| | under subsection (7), the Body shall, after considering those matters, make |
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| | a report to the Secretary of State which shall contain the Body’s |
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| | recommendations about each of those matters. |
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| | (10) | If, following the report of the Independent Body on the Benefit Cap under |
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| | subsection (9), the Secretary of State decides— |
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| | (a) | not to make any regulations implementing the Body’s |
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| | (b) | to make regulations implementing only some of the Body’s |
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| | (c) | to prescribe under subsection (5) a relevant amount which is |
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| | different from the rate recommended by the Body, or |
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| | (d) | to make regulations which in some other respect differ from the |
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| | recommendations of the Body, or |
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| | (e) | to make regulations which do not relate to a recommendation of the |
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| | | the Secretary of State shall lay a report before each House of Parliament |
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| | containing a statement of the reasons for the decision. |
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| | (11) | If the Independent Body on the Benefit Cap fail to make their report under |
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| | subsection (9) within a time to be specified in regulations (which shall be |
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| | no less than 9 months) any power of the Secretary of State to make |
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| | regulations under this section shall be exercisable as if subsection (6) had |
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47G | Insert the following new Clause— |
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| | “Independent Body on the Benefit Cap |
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| | (1) | There is to be a body called the Independent Body on the Benefit Cap. |
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| | (2) | The functions of the Body are those conferred on it by or under this Act.” |
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47H | Page 63, line 37, after “year” insert “refer to the Independent Body on the Benefit |
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73 | Page 101, line 27, at end insert— |
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| | “(3) | In section 6 of the Child Maintenance and Other Payments Act 2008 |
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| | (provision to allow charging of fees by the Commission), after subsection |
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| | “(2A) | Nothing in regulations under subsection (1) shall impose a liability |
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| | on a parent with care for the payment of fees to the Commission |
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| | where that parent has taken reasonable steps to establish whether it |
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| | is possible or appropriate to make a maintenance agreement |
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| | (within the meaning of section 9 of the Child Support Act 1991), and |
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| | where, having taken such reasonable steps, it is either not possible |
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| | or not appropriate for the parent with care to do so.”” |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendment No. 73 for the following Reason— |
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73A | Because it would alter the financial arrangements made by the Commons, and the |
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| | Commons do not offer any further Reason, trusting that this Reason may be deemed |
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| | Lord Freud to move, That this House do not insist on its Amendment 73 to which |
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| | the Commons have disagreed for their Reason 73A. |
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| | Lord Boswell of Aynho to move, as an amendment to Motion H, at end insert |
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| | “but do propose Amendment 73B as an amendment in lieu” |
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73B | Page 101, line 27, at end insert— |
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| | “(3) | In section 6 of the Child Maintenance and Other Payments Act 2008 |
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| | (provision to allow charging of fees by the Commission), after subsection |
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| | “(2A) | Regulations under subsection (1) may make provision for— |
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| | (a) | the apportionment of charges between the parties; |
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| | (b) | the waiver of any such apportioned charges in respect of |
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| | either party or both; and |
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| | (c) | the considerations to be taken into account in determining |
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| | such apportionment or waiver.”” |
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| | |
| | Baroness Butler-Sloss to move, as an amendment to Motion H, at end insert “but |
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| | do propose Amendment 73C as an amendment in lieu” |
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73C | Page 102, line 9, at end insert— |
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| | “(5) | In section 6 of the Child Maintenance and Other Payments Act 2008 |
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| | (provision to allow charging of fees by the Commission), after subsection |
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| | “(2A) | Nothing in regulations under subsection (1) shall impose a liability |
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| | on a parent with care for the payment of fees to the Commission |
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| | where section 4(2A) or 7(3A) of the Child Support Act 1991 |
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| | (collection of maintenance by the Commission) applies.”” |
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