Session 2010 - 12
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Other Bills before Parliament


 
 

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“Social welfare law

 

      (1)  

Civil legal services provided in respect of a social welfare decision

 

relating to a benefit, allowance, payment, credit or pension under—

 

(a)    

the Social Security Contributions and Benefits Act 1992;

 

(b)    

the Jobseekers Act 1995;

 

(c)    

the State Pension Credit Act 2002;

 

(d)    

the Tax Credits Act 2002;

 

(e)    

the Welfare Reform Act 2007;

 

(f)    

the Welfare Reform Act 2012; or

 

(g)    

any other enactment relating to social security.

 

      (2)  

For the purposes of sub-paragraph (1), “civil legal services” includes

 

independent advice and assistance for a review, or appeal to a first-tier

 

tribunal, of such a decision.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendment No. 168 for the following Reason—

168A

Because it would alter the financial arrangements made by the Commons, and the

 

Commons do not offer any further Reason, trusting that this reason may be deemed

 

sufficient.

169

Page 115, line 5, at end insert—

 

“Social welfare law (No. 2)

 

      (1)  

Civil legal services provided in respect of a social welfare decision

 

relating to a benefit, allowance, payment, credit or pension under—

 

(a)    

the Social Security Contributions and Benefits Act 1992;

 

(b)    

the Jobseekers Act 1995;

 

(c)    

the State Pension Credit Act 2002;

 

(d)    

the Tax Credits Act 2002;

 

(e)    

the Welfare Reform Act 2007;

 

(f)    

the Welfare Reform Act 2012; or

 

(g)    

any other enactment relating to social security.

 

      (2)  

For the purposes of sub-paragraph (1), “civil legal services” includes—

 

(a)    

independent advice or assistance for an appeal to a second-tier

 

tribunal; and

 

(b)    

independent advice, assistance and representation at a higher

 

court of such a decision.”

240

Page 137, line 29, leave out paragraph 15

 

COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU

The Commons disagree to Lords Amendments Nos. 169 and 240, but propose Amendments

 

240A and 240B in lieu.

240A

Page 119, line 2, at end insert—

 
 

 
 

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“Appeals relating to welfare benefits

 

6A  (3)  

Civil legal services provided in relation to an appeal on a point of law to

 

the Upper Tribunal, the Court of Appeal or the Supreme Court relating

 

to a benefit, allowance, payment, credit or pension under—

 

(a)    

a social security enactment,

 

(b)    

the Vaccine Damage Payments Act 1979, or

 

(c)    

Part 4 of the Child Maintenance and Other Payments Act 2008.

 

            

Exclusions

 

      (4)  

Sub-paragraph (1) is subject to—

 

(a)    

the exclusions in Part 2 of this Schedule, with the exception of

 

paragraphs 1 and 15 of that Part, and

 

(b)    

the exclusion in Part 3 of this Schedule.

 

            

Definitions

 

      (5)  

In this paragraph “social security enactment” means—

 

(a)    

the Social Security Contributions and Benefits Act 1992,

 

(b)    

the Jobseekers Act 1995,

 

(c)    

the State Pension Credit Act 2002,

 

(d)    

the Tax Credits Act 2002,

 

(e)    

the Welfare Reform Act 2007,

 

(f)    

the Welfare Reform Act 2012, or

 

(g)    

any other enactment relating to social security.”

240B

Page 137, line 30, at end insert—

 

“(a)    

a social security enactment,

 

(b)    

the Vaccine Damage Payments Act 1979, or

 

(c)    

Part 4 of the Child Maintenance and Other Payments Act 2008.

 

      (2)  

In this paragraph “social security enactment” means—”

 

G

 

Lord McNally to move, That this House do not insist on its Amendment 168 to

 

which the Commons have disagreed for their Reason 168A, do not insist on its

 

Amendments 169 and 240 and do agree with the Commons in their Amendments

 

240A and 240B.

 

G1

 

Lord Bach to move, as an amendment to Motion G, after “168A” insert “but

 

do propose Amendment 168B as an amendment in lieu”

168B

Page 115, line 5, at end insert—

 

“Social welfare law (No. 2)

 

      (1)  

Civil legal services for an appeal to a first-tier tribunal, in respect of a

 

social welfare decision relating to a benefit, allowance, payment, credit

 

or pension under—

 

(a)    

the Social Security Contributions and Benefits Act 1992;

 

(b)    

the Jobseekers Act 1995;

 

(c)    

the State Pension Credit Act 2002;

 

(d)    

the Tax Credits Act 2002;

 
 

 
 

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(e)    

the Welfare Reform Act 2007;

 

(f)    

the Welfare Reform Act 2012;

 

(g)    

the Vaccine Damage Paymants Act 1979;

 

(h)    

Part 4 of the Child Maintenance and Other Payments Act 2008;

 

and

 

(i)    

any other enactment relating to social security.

 

      (2)  

For the purposes of sub-paragraph (1), civil legal services includes

 

independent advice and assistance.”

 

MOTION H

 

LORDS AMENDMENTS 170 AND 172

170

Page 115, line 5, at end insert—

 

“Clinical negligence

 

      (1)  

Civil legal services provided in relation to the obtaining of one or more

 

expert reports in clinical negligence proceedings.

 

      (2)  

In this paragraph—

 

“clinical negligence proceedings” means proceedings which

 

include a claim for damages in respect of clinical negligence;

 

“clinical negligence” means breach of a duty of care or trespass to

 

the person committed in the course of the provision of clinical or

 

medical services (including dental or nursing services);

 

“expert report” means a report by a person qualified to give expert

 

advice on all or most of the matters that are the subject of the

 

report;

 

“proceedings” includes any sort of proceedings for resolving

 

disputes (and not just proceedings in court), whether

 

commenced or contemplated.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendment No. 170 for the following Reason—

170A

Because it would alter the financial arrangements made by the Commons, and the

 

Commons do not offer any further Reason, trusting that this reason may be deemed

 

sufficient.

172

Page 115, line 5, at end insert—

 

“Children and clinical negligence

 

    (1)  

Civil legal services provided in relation to clinical negligence in the

 

course of the provision of clinical services which took place at a time

 

when the individual was child.

 

      (2)  

In this paragraph—

 

“clinical negligence” means breach of a duty of care or trespass to

 

the person committed in the course of the provision of clinical or

 

medical services (including dental or nursing services);

 
 

 
 

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“clinical negligence proceedings” means proceedings which

 

include a claim for damages in respect of clinical negligence;

 

“child” means a person under the age of 18.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendment No. 172 for the following Reason—

172A

Because it would alter the financial arrangements made by the Commons, and the

 

Commons do not offer any further Reason, trusting that this reason may be deemed

 

sufficient.

 

H

 

Lord McNally to move, That this House do not insist on its Amendments 170

 

and 172 to which the Commons have disagreed for their Reasons 170A and 172A.

 

H1

 

Lord Cormack to move, as an amendment to Motion H, at end insert “but

 

do propose Amendment 172B as an amendment in lieu”

172BParliamentary Star

Page 115, line 5, at end insert—

 

“Children and clinical negligence

 

    (1)  

Civil legal services provided in relation to clinical negligence in the

 

course of the provision of clinical services which took place at a time

 

when the individual was child.

 

      (2)  

In this paragraph—

 

“clinical negligence” means breach of a duty of care or trespass to

 

the person committed in the course of the provision of clinical or

 

medical services (including dental or nursing services);

 

“clinical negligence proceedings” means proceedings which

 

include a claim for damages in respect of clinical negligence;

 

“child” means a person under the age of 16.”

 

MOTION J

 

LORDS AMENDMENT 171

171

Page 115, line 5, at end insert—

 

“Children under 18

 

            

Civil legal services in relation to advice and proceedings where a child

 

is, or proposes to be, the applicant or respondent in proceedings, or

 

where the child is represented by a legal guardian, including—

 

(a)    

private family law;

 

(b)    

any benefit, allowance, payment, credit or pension under—

 

(i)    

the Social Security Contributions and Benefits Act 1992,

 

(ii)    

the Jobseekers Act 1995,

 

(iii)    

the State Pension Credit Act 2002,

 

(iv)    

the Tax Credits Act 2002,

 

(v)    

the Welfare Reform Act 2007,

 
 

 
 

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(vi)    

the Welfare Reform Act 2012, or

 

(vii)    

any other enactment relating to social security;

 

(c)    

all areas of education law not otherwise covered in this Schedule;

 

(d)    

all areas of housing law not otherwise covered in this Schedule;

 

(e)    

all areas of debt-related disputes not otherwise covered in this

 

Schedule;

 

(f)    

all areas of immigration and asylum law not otherwise covered

 

in this Schedule;

 

(g)    

all areas of clinical negligence law not otherwise covered in this

 

Schedule;

 

(h)    

all areas of consumer law not otherwise covered in this Schedule;

 

(i)    

appeals to the Criminal Injuries Compensation Authority;

 

(j)    

civil legal services relating to a review or appeal under section 11

 

or 13 of the Tribunals, Courts and Enforcement Act 2007; and

 

(k)    

civil legal services relating to an appeal to the Supreme Court.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendment No. 171 for the following Reason—

171A 

Because it would alter the financial arrangements made by the Commons, and the

 

Commons do not offer any further Reason, trusting that this reason may be deemed

 

sufficient.

 

J

 

Lord McNally to move, That this House do not insist on its Amendment 171 to

 

which the Commons have disagreed for their Reason 171A.

 

J1

 

Baroness Grey-Thompson to move, as an amendment to Motion J, at end insert

 

“but do propose Amendment 171B as an amendment in lieu”

171BParliamentary Star

Page 115, line 5, at end insert—

 

“Children under 18

 

            

Civil legal services in relation to advice and proceedings where a child

 

is, or proposes to be, the applicant or respondent in proceedings, or

 

where the child is represented by a legal guardian, including—

 

(a)    

private family law;

 

(b)    

any benefit, allowance, payment, credit or pension under—

 

(i)    

the Social Security Contributions and Benefits Act 1992,

 

(ii)    

the Jobseekers Act 1995,

 

(iii)    

the State Pension Credit Act 2002,

 

(iv)    

the Tax Credits Act 2002,

 

(v)    

the Welfare Reform Act 2007,

 

(vi)    

the Welfare Reform Act 2012, or

 

(vii)    

any other enactment relating to social security;

 

(c)    

all areas of education law not otherwise covered in this Schedule;

 

(d)    

all areas of housing law not otherwise covered in this Schedule;

 
 

 
 

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(e)    

all areas of debt-related disputes not otherwise covered in this

 

Schedule;

 

(f)    

all areas of clinical negligence law not otherwise covered in this

 

Schedule;

 

(g)    

appeals to the Criminal Injuries Compensation Authority;

 

(h)    

a review or an appeal under section 11 or 13 of the Tribunals,

 

Courts and Enforcement Act 2007;

 

(i)    

an appeal to the Supreme Court.”

 
 

 
 

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Revised 23 April 2012