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Lord Bach to move, as an amendment to the motion in the name of Lord McNally not to |
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insist on Amendment 168, at end to insert— |
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“but do propose the following amendment in lieu— |
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“(1) Civil legal services for an appeal to a first-tier tribunal, in respect of a |
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social welfare decision relating to a benefit, allowance, payment, credit |
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(a) the Social Security Contributions and Benefits Act 1992; |
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(b) the Jobseekers Act 1995; |
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(c) the State Pension Credit Act 2002; |
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(d) the Tax Credits Act 2002; |
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(e) the Welfare Reform Act 2007; |
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(f) the Welfare Reform Act 2012; |
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(g) the Vaccine Damage Payments Act 1979; |
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(h) Part 4 of the Child Maintenance and Other Payments Act 2008; |
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(i) any other enactment relating to social security. |
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(2) For the purposes of sub-paragraph (1), civil legal services includes |
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independent advice, assistance and representation.”” |
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Baroness Scotland of Asthal to move, as an amendment to the motion in the name of |
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Lord McNally not to insist on Amendment 194, at end to insert— |
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“but do propose the following amendment in lieu— |
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| “Page 121, line 31, at end insert— |
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| (1) For the purposes of this paragraph, evidence that abuse has occurred |
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| may consist of one or more of the following (without limitation)— |
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| (a) a relevant court conviction or police caution; |
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| (b) a relevant court order (including without notice, ex parte, interim |
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| or final orders), including a non-molestation undertaking or |
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| order, occupation order, forced marriage protection order or |
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| other protective injunction; |
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| (c) evidence of a relevant criminal proceedings for an offence |
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| concerning domestic violence or a police report confirming |
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| attendance at an incident resulting from domestic violence; |
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| (d) evidence that a victim has been referred to a multi-agency risk |
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| assessment conference, as a high risk victim of domestic violence, |
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| and a plan has been put in place to protect that victim from |
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| violence by the other party; |
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| (e) a finding of fact in the family courts of domestic violence by the |
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| other party giving rise to the risk of harm to the victim; |
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| (f) a letter from a General Medical Council registered general |
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| practitioner or other medical professional confirming that he or |
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| she has examined the applicant and is satisfied that the applicant |
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| had injuries or a condition consistent with those of a victim of |
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| (g) an undertaking given to a court by the alleged perpetrator of the |
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| abuse that he or she will not approach the applicant who is the |
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| (h) a letter from a social services department confirming its |
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| involvement in providing services to the applicant in respect of |
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| allegations of domestic violence; |
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| (i) a letter of support or a report from a domestic violence support |
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| (j) other well-founded evidence of abuse that is either— |
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| (i) certified by a court; or |
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| (ii) of a type prescribed in regulations. |
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| (2) For the avoidance of doubt, no evidence shall be deemed inadmissible |
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| on the basis of expiration where the general limitation period under the |
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| civil standard has not elapsed.””” |
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