Jobseekers (Back to Work Schemes) Bill

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

Clause 1

LORD MCKENZIE OF LUTON

BARONESS SHERLOCK

BARONESS HOLLIS OF HEIGHAM

BARONESS LISTER OF BURTERSETT

1*

Page 3, line 14, at end insert “; and such reconsiderations and appeals should be considered in a timely and efficient manner”

LORD BACH

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

BARONESS HOLLIS OF HEIGHAM

2*

Page 3, line 14, at end insert—

“( ) The Secretary of State will, within a month of this Act coming into force, lay a report before Parliament outlining whether in his view claimants affected by the introduction of this Act have access to adequate legal advice and support, taking into account the availability of legal aid for claimants appealing a sanction imposed under the 2011 Regulations or the Mandatory Work Activity Scheme Regulations after the coming into force of this Act.”

LORD MCKENZIE OF LUTON

BARONESS SHERLOCK

BARONESS HOLLIS OF HEIGHAM

BARONESS LISTER OF BURTERSETT

3*

Page 3, line 14, at end insert—

“( ) In determining an appeal against a penalty imposed under the 2011 Regulations or the Mandatory Work Activity Scheme Regulations after the coming into force of this Act, regard will be had to the circumstances surrounding, and in particular any delay resulting from, the decision in R (on the application of Reilly and Wilson) vs Secretary of State for Work and Pensions ([2013] EWCA Civ 66).”

Clause 2

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

BARONESS LISTER OF BURTERSETT

BARONESS HOLLIS OF HEIGHAM

4*

Page 3, line 34, at end insert—

“( ) A report under subsection (1) will include, but not be limited to, information on the following—

(a) the number of penalties imposed, the type of failure for which they were imposed and the duration of such penalties;

(b) the number of demands for reconsideration and the number of subsequent appeals;

(c) the effectiveness of the appeals process;

(d) the number of penalties imposed upon claimants in receipt of Employment and Support Allowance;

(e) whether sanctions originate from a Work Programme Provider or JobCentre Plus;

(f) the extent to which claimants understand the reasons for penalties being imposed upon them;

(g) the extent to which sanctions are being promoted and whether targets are being applied in relation to penalties;

(h) the support available for claimants upon whom a penalty has been imposed, and what additional support such claimants are seeking;

(i) how penalties are being applied to those with a mental health or other fluctuating health condition;

(j) the effectiveness of the hardship and mitigation provisions;

(k) the effectiveness of sanctions in changing claimant behaviour; and

(l) the application of the public sector equality duty.”

BARONESS LISTER OF BURTERSETT

5*

Page 3, line 34, at end insert—

“( ) The report under subsection (1) will include a comparison of how the imposition of penalties operate alongside sanctions imposed under other parts of the social security system.”

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

BARONESS LISTER OF BURTERSETT

BARONESS HOLLIS OF HEIGHAM

6*

Page 3, line 37, at end insert—

“( ) The person will also prepare an interim report, on the terms set out in subsection (1), to be completed and sent to the Secretary of State as soon as reasonably practicable after the end of a period of six months beginning with the day on which this Act comes into force.”

After Clause 2

LORD MCKENZIE OF LUTON

BARONESS SHERLOCK

BARONESS HOLLIS OF HEIGHAM

BARONESS LISTER OF BURTERSETT

7*

Insert the following new Clause—

“Guidance

Within a month of this Act coming into force, the Secretary of State will issue guidance on the way in which claimants may be entitled to mitigate any penalty imposed upon them under the 2011 Regulations or the Mandatory Work Activity Regulations following the coming into force of this Act.”

Prepared 25th March 2013