Welfare Reform and Work Bill

Revised
marshalled
list of Amendments
to be moved
in committee

The amendments have been marshalled in accordance with the Instruction of 26th November 2015, as follows—

Clauses 11 and 12
Clauses 4 to 6
Clauses 13 to 15
Clauses 1 to 3
Clauses 7 to 10
Schedule 1
Clauses 16 to 25
Schedule 2
Clauses 26 to 32
Title

[Amendments marked * are new or have been altered]

Clause 11

THE LORD BISHOP OF PORTSMOUTH

LORD KIRKWOOD OF KIRKHOPE

BARONESS DRAKE

THE EARL OF LISTOWEL

1

Page 13, line 11, after “person,” insert—

“( )   the child is in the household as a result of a kinship care or
private fostering arrangement,”

BARONESS MANZOOR

2

Page 13, line 12, at end insert “, or

“(c)   subsection (3C) applies.”

BARONESS MEACHER

BARONESS PITKEATHLEY

LORD KIRKWOOD OF KIRKHOPE

3

Page 13, line 12, at end insert—

“( )     The limit on the number of children or qualifying young persons for
whom an individual element of child tax credit can be claimed, as
set out in subsection (3B), shall not apply to households where one
or more of the children or qualifying young persons are disabled
(including, but not limited to, those persons in receipt of the
disability element of child tax credit).”

BARONESS MANZOOR

THE EARL OF LISTOWEL

4

Page 13, line 12, at end insert—

“(3C)    Subsection (3B)(a) does not apply where the person or persons
claiming an individual element of child tax credit—

(a)   has been a victim of rape,

(b)   is a kinship carer,

(c)   has previously claimed tax credit as a single parent but is
now part of a step family, or a cohabiting multiple family,

(d)   has fled domestic violence, or

(e)   has suffered a bereavement of their husband, wife, civil
partner or cohabitating partner who is the parent of the
child or children for which an individual element of child
tax credit is being claimed.

(3D)    The Secretary of State may, by regulations, make further provisions
relating to the operation of subsection (3C).”

THE LORD BISHOP OF PORTSMOUTH

5

Page 13, line 12, at end insert—

“( )     For the purposes of subsection (3B) a “prescribed exception” applies
if the claimant with responsibility for children is a single claimant
as a result of being bereaved of his or her partner.”

6

Page 13, line 12, at end insert—

“( )     For the purposes of subsection (3B) a “prescribed exception” applies
if the claimant has left his or her previous partner as a result of
domestic violence or abuse.”

BARONESS MANZOOR

7

Page 13, line 12, at end insert—

“( )     Where the person or persons making the claim believe that a
prescribed exception applies for the purposes of subsection (3B)(b),
the Secretary of State must—

(a)   presume that the exemption does apply,

(b)   have regard to the importance of the person’s right to
respect for private and family life under Article 8(1) of the
Convention for the Protection of Human Rights and
Fundamental Freedoms as set out in Schedule 1 to the
Human Rights Act 1998,

(c)   not, in seeking to determine whether the exemption applies,
request any information about the claimant’s private
medical or sexual history.”

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 11
stand part of the Bill.

Clause 12

BARONESS MEACHER

LORD KIRKWOOD OF KIRKHOPE

8

Page 13, line 22, after “two” insert “non-disabled”

THE LORD BISHOP OF PORTSMOUTH

LORD KIRKWOOD OF KIRKHOPE

BARONESS DRAKE

9

Page 13, line 23, at end insert “unless the children are in the household as a result
of a kinship care or private fostering arrangement”

THE LORD BISHOP OF PORTSMOUTH

10

Page 13, line 23, at end insert “unless a prescribed exception applies”

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

11

Page 13, line 23, at end insert—

“( )     Subsection (1A) does not apply in respect of persons who are either
children or qualifying young persons born before 6 April 2017.”

BARONESS MANZOOR

THE EARL OF LISTOWEL

12

Page 13, line 23, at end insert—

“(1B)    Subsection (1A) does not apply where the person or persons
claiming the amount mentioned in subsection (1)—

(a)   has been a victim of rape,

(b)   is a kinship carer,

(c)   has previously claimed tax credit as a single parent but is
now part of a step family, or a cohabiting multiple family,

(d)   has fled domestic violence,

(e)   has suffered a bereavement of their husband, wife, civil
partner or cohabitating partner who is the parent of the
child or children for which the amount is being claimed.

(1C)    The Secretary of State may, by regulations, make further provisions
relating to the operation of subsection (1B).”

THE LORD BISHOP OF PORTSMOUTH

13

Page 13, line 23, at end insert—

“( )     For the purposes of subsection (1A) a “prescribed exception”
applies if the claimant with responsibility for children is a single
claimant as a result of being bereaved of his or her partner.”

14

Page 13, line 23, at end insert—

“( )     For the purposes of subsection (1A) a “prescribed exception”
applies if the claimant has left his or her previous partner as a result
of domestic violence or abuse.”

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 12
stand part of the Bill.

After Clause 12

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

THE EARL OF LISTOWEL

15

Insert the following new Clause—

“Exemption to changes in child tax credit and child element of universal credit:
multiple births

(1)     Sections 11 and 12 do not apply where the number of children exceeds two
because the third (or subsequent) child was part of a multiple birth at the
same time as the second qualifying child.

(2)     The Secretary of State shall, by regulation, establish an appeals process by
which an individual can appeal a decision as to whether the exemption set
out in this section applies in their individual situation.”

16

Insert the following new Clause—

“Exemption to changes in child tax credit and child element of universal credit:
adoption

(1)     Sections 11 and 12 do not apply where a third (or subsequent) child
becomes a member of a household as a result of being adopted into that
household.

(2)     The Secretary of State shall, by regulation, establish an appeals process by
which an individual can appeal a decision as to whether the exemption set
out in this section applies in their individual situation.”

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

17

Insert the following new Clause—

“Exemption to changes in child tax credit and child element of universal credit:
kinship care arrangements

(1)     Sections 11 and 12 do not apply where a third (or subsequent) child
becomes a member of a household as a result of a kinship care
arrangement.

(2)     The Secretary of State shall, by regulation, establish an appeals process by
which an individual can appeal a decision as to whether the exemption set
out in this section applies in their individual situation.”

18

Insert the following new Clause—

“Exemption to changes in child tax credit and child element of universal credit:
exceptional circumstances

(1)     Sections 11 and 12 do not apply in exceptional circumstances as defined by
the Social Security Advisory Committee.

(2)     The Secretary of State shall, by regulation, establish an appeals process by
which an individual can appeal a decision as to whether an exemption
provided for by this section applies in their individual situation.”

19

Insert the following new Clause—

“Exemption to changes in child tax credit and child element of universal credit:
disability

(1)     Sections 11 and 12 do not apply to a household where any child or
qualifying young person is disabled.

(2)     The Secretary of State shall, by regulation, establish an appeals process by
which an individual can appeal a decision as to whether the exemption set
out in this section applies in their individual situation.”

20

Insert the following new Clause—

“Exemption to changes in child tax credit and child element of universal credit:
couples

(1)     Sections 11 and 12 do not apply to couples with dependent children who,
if living in separate households, would not be affected by the limit.

(2)     The Secretary of State shall, by regulation, establish an appeals process by
which an individual can appeal a decision as to whether the exemption set
out in this section applies in their individual situation.”

THE LORD BISHOP OF PORTSMOUTH

THE EARL OF LISTOWEL

21

Insert the following new Clause—

“Limiting the child element of child tax credit and universal credit to two
children: reporting obligation

Within six months of the day on which this Act is passed the Secretary of
State must consult and lay a report before Parliament, assessing the social
and economic impact of sections 11 and 12 of this Act, including—

(a)   the potential impact on family relationships and functioning, with
reference to “The Family Test: Guidance for Government
Departments” produced by the Department for Work and Pensions,
and

(b)   the potential economic and social impact on different faith
communities.”

Clause 4

LORD RAMSBOTHAM

BARONESS MANZOOR

THE EARL OF LISTOWEL

22

Page 4, line 32, at end insert—

“( )   the progress of children living in England at age 5 in the
following developmental areas—

(i)   cognitive;

(ii)   personal, social and emotional; and

(iii)   physical;

( )   the progress of disadvantaged children living in England at
age 5 in the following developmental areas—

(i)   cognitive;

(ii)   personal, social and emotional; and

(iii)   physical;”

BARONESS MANZOOR

LORD MCKENZIE OF LUTON

23

Page 4, line 34, at end insert—

“( )   the educational attainment of children in England at the end
of Key Stage 1;

( )   the educational attainment of disadvantaged children in
England at the end of Key Stage 1;”

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

BARONESS MANZOOR

24

Page 4, line 38, at end insert—

“( )   children in low income households where one or both
parents are in work.”

THE EARL OF LISTOWEL

BARONESS GREY-THOMPSON

25

Page 4, line 38, at end insert—

“(e)   the percentage of children living in households where—

(i)   equivalised net income for the financial year is less
than 60 per cent of median equivalised net
household income for the financial year;

(ii)   equivalised net income for the financial year is less
than 70 per cent of median equivalised net
household income for the financial year and who
experience material deprivation;

(iii)   equivalised net income for the financial year is less
than 60 per cent of median equivalised net
household income for the financial year beginning 1
April 2010, adjusted in a prescribed manner to take
account of changes in the value of money since that
year; and

(iv)   equivalised net income has been less than 60 per cent
of median equivalised net household income in at
least 3 of the survey years.

( )     For the purposes of subsection (1)(e)(iv), the survey years are the
calendar year that ends in the relevant financial year, and the 3
previous calendar years.”

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

BARONESS MANZOOR

26

Page 5, line 4, at end insert—

“(g)   low income;

(h)   in work.”

BARONESS MANZOOR

LORD MCKENZIE OF LUTON

27

Page 5, line 12, at end insert—

      ““Key Stage 1” means the first key stage, within the meaning of
Part 6 of the Education Act 2002;”

THE EARL OF LISTOWEL

LORD MCKENZIE OF LUTON

28

Page 5, line 16, at end insert—

“A1AA  Children in care and care leavers

(1)     The Secretary of State must publish and lay before Parliament a
report containing data on children in care and care leavers.

(2)     The first report must be published before the end of the financial
year ending with 31 March 2017.

(3)     Later reports must be published before the end of each subsequent
financial year.”

29

Page 5, line 16, at end insert—

“A1AB  Children and homelessness

(1)     The Secretary of State must publish and lay before Parliament a
report containing data on children who are—

(a)   homeless; and

(b)   at risk of homelessness.

(2)     The first report must be published before the end of the financial
year ending with 31 March 2017.

(3)     Later reports must be published before the end of each subsequent
year.”

30

Page 5, line 16, at end insert—

“A1AC  Children in families living in problem debt

(1)     The Secretary of State must publish and lay before Parliament a
report containing data on children in families living in problem
debt.

(2)     The first report must be published before the end of the financial
year ending with 31 March 2017.

(3)     Later reports must be published before the end of each subsequent
financial year.”

BARONESS LISTER OF BURTERSETT

31

Page 5, line 16, at end insert—

“A1AD  Improving children’s life chances

The Secretary of State must publish and lay before Parliament a
report setting out the measures that the Secretary of State proposes
to take to improve children’s life chances, as understood with
reference to section A1A(1).”

THE EARL OF LISTOWEL

BARONESS GREY-THOMPSON

LORD MCKENZIE OF LUTON

32

Page 5, line 16, at end insert—

“A1AE  Child poverty and life chances

The Secretary of State must publish and lay before Parliament a
report setting out the measures that the Secretary of State proposes
to take to reduce child poverty and improve children’s life chances,
with reference to the measures in sections A1A to A1AC.”

33

Page 5, line 16, at end insert—

“A1AF  Target for eradication of child poverty

(1)     The Secretary of State must by regulations specify a target for the
eradication of child poverty in the United Kingdom.

(2)     For the purposes of this section—

(a)   “child poverty” must be understood with reference to the
measures in section A1A(1)(e); and

(b)   the meaning of “eradication” shall be set out in regulations.”

LORD RAMSBOTHAM

BARONESS MEACHER

BARONESS HOLLINS

BARONESS MANZOOR

34

Page 5, line 16, at end insert—

“Working and workless households: reporting obligations

A1AG  Working and workless households and health

The Secretary of State must publish and lay before Parliament a
report containing data on—

(a)   the impact on the mental and physical health of men,
women and children in workless households of benefit
sanctions, and

(b)   the impact on the mental and physical health of men,
women and children in working households of incomes
below the national minimum wage.”

BARONESS MADDOCK

THE EARL OF LISTOWEL

35

Page 5, line 16, at end insert—

“A1AH  Fuel poverty strategy and life chances

(1)     The Secretary of State must publish and lay before Parliament a
report which sets out the impact of the Welfare Reform and Work
Act 2016 on the number of children living in fuel poverty and on the
life chances of those children.

(2)     In the report under subsection (1) the Secretary of State must
outline the impact of the Welfare Reform and Work Act 2016 on its
fuel strategy.

(3)     The first report under this section must be published before the end
of the financial year ending with 31 March 2017.

(4)     Later reports under this section must be published before the end of
each subsequent financial year.”

Clause 5

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

36

Page 5, line 19, leave out “Social Mobility” and insert “Life Chances

37

Page 5, line 20, leave out “Social Mobility” and insert “Life Chances

38

Page 5, line 22, leave out “Social Mobility” and insert “Life Chances”

39

Page 5, line 29, leave out “social mobility” and insert “life chances

40

Page 5, line 30, leave out “social mobility” and insert “life chances”

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

41

Page 5, line 31, leave out “on request”

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

42

Page 5, line 32, leave out “social mobility” and insert “life chances”

43

Page 5, line 35, leave out “social mobility” and insert “life chances”

44

Page 6, line 10, leave out “social mobility” and insert “life chances”

45

Page 6, line 12, leave out “Social Mobility” and insert “Life Chances”

 

The above-named Lords give notice of their intention to oppose the Question that Clause 5
stand part of the Bill.

Clause 6

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

BARONESS LISTER OF BURTERSETT

BARONESS MANZOOR

46

Page 6, line 15, leave out “1” and insert “8”

BARONESS LISTER OF BURTERSETT

LORD MCKENZIE OF LUTON

47

Page 6, line 15, leave out “1 to 11” and insert “1 to 8, 11”

48

Page 6, line 16, at end insert—

“( )     In section 9 (UK Strategies)—

(a)   in subsection (2), omit paragraph (a) (and the “and” immediately
after it);

(b)   in subsection (2)(b), for “that children in the United Kingdom do
not experience socio-economic disadvantage” substitute “that
socio-economic disadvantage does not affect the life chances of
children in the United Kingdom”;

(c)   in subsection (4), omit “, but this subsection does not apply after the
beginning of the target year”;

(d)   in subsection (7)(a)(i), omit “if the targets in section 3 to 6 are to be
met in relation to the United Kingdom in relation to the target year”
(and the “and” immediately after it);

(e)   in subsection (8), omit paragraph (b) (and the “and” immediately
after it);

(f)   in subsection (9)(a), for “except in the case of a UK strategy laid
before Parliament less than 3 years before the beginning of the
target year, ending 3 years later, and” substitute “ending three years
later”; and

(g)   in subsection (9), omit paragraph (b).

( )     In section 10(2) (provision of advice by Commission and consultation with
others), omit paragraph (b).”

After Clause 6

THE EARL OF LISTOWEL

49

Insert the following new Clause—

“Child poverty and life chances strategies

(1)     Each responsible local authority must prepare a joint child poverty and life
chances strategy in relation to the local authority area.

(2)     The strategy must set out the measures that the responsible local authority
and each partner authority propose to take for the purpose of—

(a)   reducing, and mitigating the effects of, child poverty, and

(b)   improving children’s life chances,

in the responsible local authority’s area.

(3)     For the purposes of this section, each of the following is a responsible local
authority—

(a)   a county council in England;

(b)   a district council in England, other than a council for a district in a
county for which there is a county council;

(c)   a London borough council;

(d)   the Council of the Isles of Scilly;

(e)   the Common Council of the City of London in its capacity as a local
authority.”

Clause 13

LORD PATEL

BARONESS MEACHER

LORD MCKENZIE OF LUTON

50

Page 14, line 24, at end insert—

“( )     Subsections (2) and (3) shall not come into force until the Secretary of State
has laid before both Houses of Parliament a report giving his or her
estimate of the impact of the provisions in those subsections on the—

(a)   physical and mental health,

(b)   financial situation, and

(c)   ability to return to work,

of persons who would otherwise be entitled to start claiming the work-
related activity component of employment and support allowance.

( )     Regulations bringing subsections (2) and (3) into force shall not be made
unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.”

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

BARONESS MANZOOR

 

The above-named Lords give notice of their intention to oppose the Question that Clause 13
stand part of the Bill.

After Clause 13

BARONESS HOWE OF IDLICOTE

BARONESS HOLLINS

51

Insert the following new Clause—

“Persons subject to no work-related requirements: persons with a mental and
behavioural disorder as a primary medical condition

(1)     Section 11D of the Welfare Reform Act 2007 (persons subject to no work-
related requirements) is amended as follows.

(2)     After subsection (2)(d) insert—

“(e)   the person has a mental and behavioural disorder as a
primary medical condition and is in receipt of either the
work-related activity component of employment and
support allowance or the limited capability for work
element of universal credit.””

LORD LAYARD

BARONESS HOLLINS

52

Insert the following new Clause—

“Employment and support allowance: persons with a mental and behavioural
disorder as a primary medical condition

The Secretary of State shall ensure that any person awarded employment
and support allowance who has a mental and behavioural disorder as a
primary medical condition is, on being registered for that allowance,
immediately offered assessment and treatment in the local services for
Improving Access to Psychological Therapies or in step 4 mental
healthcare, as appropriate.”

Clause 14

LORD PATEL

LORD MCKENZIE OF LUTON

53

Page 14, line 27, at end insert—

“( )     This section shall not come into force until the Secretary of State has laid
before both Houses of Parliament a report giving his or her estimate of the
impact of the provision in this section on the—

(a)   physical and mental health,

(b)   financial situation, and

(c)   ability to return to work,

of persons who would otherwise be entitled to start claiming the limited
capability for work element of universal credit.

( )     Regulations bringing this section into force shall not be made unless a draft
of the instrument has been laid before, and approved by a resolution of,
each House of Parliament.”

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

BARONESS MANZOOR

 

The above-named Lords give notice of their intention to oppose the Question that Clause 14
stand part of the Bill.

Clause 15

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

BARONESS MANZOOR

54

Page 14, line 43, at end insert—

“( )     In section 26 of the Welfare Reform Act 2012 (higher-level sanctions) after
subsection (4) insert—

“(4A)    A claimant subject to section 22 who is a single parent is exempted
from subsection (1) where there is no suitable or affordable
childcare available.””

BARONESS MEACHER

BARONESS PITKEATHLEY

BARONESS HOLLINS

BARONESS MANZOOR

55

Page 14, line 43, at end insert—

“( )     The provisions in this section shall not apply to responsible carers of
disabled children aged 3 or 4 unless appropriate childcare for these
children can be secured.

( )     The Secretary of State must lay regulations determining what a disabled
child is for the purpose of this section and such a determination may
include, but need not be limited to—

(a)   children in receipt of an Education, Health and Care Plan,

(b)   children in receipt of a Statement of Special Educational Needs,

(c)   children identified by their local authority as having special
educational needs,

(d)   children with child in need status,

(e)   children who meet the definition of “disabled” under the Equality
Act 2010.”

BARONESS GREY-THOMPSON

BARONESS MEACHER

56

Page 14, line 43, at end insert—

“( )     In section 14 of the Welfare Reform Act 2012 (claimant commitment) after
subsection (4) insert—

“(4A)    If the claimant has a long term health condition or impairment, the
claimant commitment must specifically address any reasonable
adjustments which need to be made.””

THE EARL OF LISTOWEL

 

The Earl of Listowel gives notice of his intention to oppose the Question that Clause 15
stand part of the Bill.

After Clause 15

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

THE EARL OF LISTOWEL

BARONESS MANZOOR

57

Insert the following new Clause—

“Review of application of sanctions

(1)     The Secretary of State must, before the end of the financial year ending 31
March 2016, provide for a full and independent review of the sanctions
regimes attached to working-age benefits, including but not limited to
jobseeker’s allowance, employment and support allowance and income
support, to determine whether they are an effective and proportionate
means of meeting the Government’s objectives.

(2)     The terms of reference for the review must include consideration of—

(a)   the application of sanctions to lone parents with dependent
children;

(b)   the application of sanctions to claimants who are disabled;

(c)   the effectiveness of sanctions in moving claimants into sustained
work; and

(d)   any other matters which the Secretary of State considers relevant.”

LORD LOW OF DALSTON

58

Insert the following new Clause—

“Safeguarding of vulnerable claimants: guidance

(1)     The Secretary of State shall issue statutory guidance for the safeguarding of
vulnerable claimants in relation to any sanction, reduction of benefit, or
disallowance of benefit (“the guidance”).

(2)     The guidance shall incorporate all relevant provisions and operational
protocols contained in the following Departmental operating guidance—

(a)   procedural guidance within the Labour Market Conditions Guide;

(b)   universal credit guidance for agents;

(c)   Employment and Support Allowance (ESA) guidance for
Jobcentres;

(d)   ESA operational guidance for benefit delivery centres;

(e)   ESA Incapacity Reference Guide;

(f)   Core Visits Guide;

(g)   Work Programme guidance;

(h)   guidance for health professionals.

(3)     The guidance shall specify—

(a)   indicators of vulnerability and procedures for identification of
vulnerable claimants;

(b)   situations which may demonstrate good cause for inability to
participate in a work-focused interview, undertake work-related
activity, or attend mandatory Work Programmes or back-to-work
schemes;

(c)   where claimants must be referred for a Core Visit conducted by a
Department for Work and Pensions (DWP) Visiting Officer;

(d)   how to support claimants with additional or complex needs;

(e)   liaison arrangements with mental health services where claimants
are mental health service users;

(f)   collaborative approaches through which DWP can work with
independent advice and support bodies in assisting such claimants;

(g)   who is responsible for ensuring that the guidance is complied with.

(4)     “Vulnerability” and “vulnerable claimants” shall be taken to refer to
individuals who are identified as having complex needs or requiring
additional support to enable them to access DWP benefits and use DWP
services.

(5)     Complex needs may refer to difficult personal circumstances, life events, or
health, disability or incapacity conditions that affect the ability of
individuals to access DWP benefits and services.

(6)     In issuing the guidance the Secretary of State shall ensure consistency of
definitions, terminology and language in the guidance.

(7)     The Secretary of State shall ensure that consistent principles, good practice
and fairness in safeguarding procedures is applied across all types of
benefit claims, including Jobseeker’s Allowance claims, and by all agents
involved in the assessment and administration of benefits.

(8)     The Secretary of State shall report to Parliament annually on the
application of the guidance.”

BARONESS MANZOOR

59

Insert the following new Clause—

“Universal Credit (Work Allowance)

The Universal Credit (Work Allowance) Amendment Regulations 2015 are
repealed.”

60

Insert the following new Clause—

“Housing benefit: age of entitlement

In section 130 of the Social Security Contributions and Benefits Act 1992
after subsection (1)(a) insert—

“(aa)   he is aged 16 or over”.”

BARONESS DONAGHY

61

Insert the following new Clause—

“Self-employment and minimum income floor

In Schedule 1 to the Welfare Reform Act 2012 (universal credit:
supplementary regulation-making powers), in paragraph 4, at end of sub-
paragraph (4) insert “, and may prescribe modifications of such provisions
in respect of particular persons or classes of persons”.”

LORD LOW OF DALSTON

THE EARL OF LISTOWEL

62

Insert the following new Clause—

“Universal Credit Local Support Services Framework

(1)     The Secretary of State shall—

(a)   lay a report before Parliament annually on the operation of the
Universal Credit Local Support Services Framework; and

(b)   publish guidance for local authorities about their role in developing
schemes to support benefits processing for working-age claimants,
especially for claimants with additional needs or indicators of
vulnerability.

(2)     Guidance published under subsection (1) shall specify—

(a)   the role of local authorities in identifying, leading, facilitating and
commissioning partnerships to deliver support;

(b)   the role of local authorities in working with the voluntary sector
and social housing providers in particular to identify who needs
help and in what form;

(c)   a priority role in the development of schemes to support benefits
processing for working-age claimants for independent local advice
agencies which deliver advice and support on social welfare law
matters; and

(d)   models for developing support schemes which integrate the
availability of support under the Universal Credit Local Support
Services Framework with support for troubled families pursuant to
section 3 of this Act and other relevant programmes funded under
the powers contained in section 31 of the Local Government Act
2003 (power to pay grant).

(3)     In this section “social welfare law matters” shall be taken to mean any
matter engaging legal rights or entitlements concerning social security,
debt, employment, housing, immigration and asylum, and community
care.

(4)     The Secretary of State shall ensure the Universal Credit Local Support
Services Framework is appropriately resourced to enable it to be rolled out
to all local authority areas.”

Clause 1

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

63

Page 1, line 4, leave out from “employment” to end of line 6 and insert—

“( )     A report under subsection (1) must set out the progress that has been made
towards lowering the disability employment gap.

( )     In this section “full employment” means that 80 per cent of the working age
population are in employment.”

BARONESS PITKEATHLEY

BARONESS LISTER OF BURTERSETT

64

Page 1, line 6, at end insert—

“( )     The Secretary of State must include in a report under subsection (1)
information about—

(a)   employment support provided to former carers; and

(b)   the number of former carers of working age who have returned to
employment following the end of their caring role.”

BARONESS DRAKE

64A

Page 1, line 6, at end insert—

“( )     The report under subsection (1) must contain information on—

(a)   how many persons are self-employed;

(b)   how many young people are not in education, employment or
training;

(c)   the incidence of non-guaranteed hours contracts;

(d)   the incidence of quantitative and qualitative underemployment.”

After Clause 1

BARONESS MANZOOR

65

Insert the following new Clause—

“Disability employment gap: reporting obligation

(1)     The Secretary of State must lay a report before Parliament annually on the
progress which has been made towards halving the disability employment
gap, and the report must set out how the Secretary of State has interpreted
“disability employment gap” for these purposes.

(2)     The report under subsection (1) must include—

(a)   an assessment of the sectors in which disabled people have
primarily secured jobs,

(b)   an assessment of the type and level of jobs primarily secured by
disabled people, and

(c)   an assessment of the progression of disabled people within the job
market.”

BARONESS DONAGHY

66

Insert the following new Clause—

“Self-employment: reporting obligation

(1)     The Secretary of State must lay a report before Parliament annually on self-
employment.

(2)     The report under subsection (1) must contain information on—

(a)   how many persons are self-employed;

(b)   how many self-employed persons claim social security benefits or
universal credit;

(c)   the impact of the minimum income floor on self-employed persons
who are claiming social security benefits or universal credit.”

BARONESS CAMPBELL OF SURBITON

BARONESS DOOCEY

LORD LOW OF DALSTON

BARONESS HOLLINS

67

Insert the following new Clause—

“Disability employment gap: reporting obligation (No. 2)

(1)     The Secretary of State must lay a report before Parliament annually on the
progress which has been made towards meeting the commitment to halve
the disability employment gap.

(2)     The report under subsection (1) must set out—

(a)   how the Secretary of State has interpreted “halving the disability
employment gap”;

(b)   the factors that the Secretary of State has used to determine whether
progress has been sufficient, including the extent and speed at
which progress has been made; and

(c)   if progress under subsection (1) has been insufficient, what
remedial steps will be taken.

(3)     The report under subsection (1) must contain data on—

(a)   the overall rate of employment, and

(b)   the progress of the rate of employment of people at working age
with—

(i)   a learning disability;

(ii)   autism;

(iii)   mental health problems;

(iv)   visual impairments; and

(v)   any other disability as the Secretary of State may by
regulation specify on the grounds that the people with the
disability are marginalised from the labour force and
require a specific focus.”

Clause 2

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

BARONESS MANZOOR

LORD YOUNG OF NORWOOD GREEN

68

Page 1, line 16, after “target,” insert—

“( )   information about the uptake of apprenticeships broken
down by region, age, ethnicity, disability, sector,
qualification and level,

( )   a report by the UK Commission on Employment and Skills
on the quality of apprenticeships being provided,”

BARONESS NYE

68A*

Page 1, line 16, after “target,” insert—

“( )   information on the numbers of apprentices disaggregated
by the protected characteristics as defined by the Equality
Act 2010,

( )   destinations data for those completing apprenticeships,”

BARONESS CAMPBELL OF SURBITON

LORD ADDINGTON

LORD LOW OF DALSTON

BARONESS GREY-THOMPSON

69

Page 2, line 2, at end insert—

“( )     No later than nine months after the end of each reporting period,
the Secretary of State must publish and lay before Parliament a
report setting out—

(a)   data on the number of disabled people under the age of 25
who are recorded as seeking apprenticeships, including
those who have not successfully acquired an
apprenticeship;

(b)   information on how any barriers to disabled people
acquiring apprenticeships, such as the application process
or the entry or assessment requirements, could be
addressed; and

(c)   information on examples of good practice by employers and
apprenticeship providers in the provision of
apprenticeships for disabled people.”

Clause 3

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

THE EARL OF LISTOWEL

70

Page 3, line 10, at end insert—

“( )     A report prepared under this section must include information regarding
the adequacy of resources given to local authorities to fund the support
provided for troubled families.”

BARONESS MANZOOR

71

Page 3, line 12, at end insert—

“( )     A report prepared under this section must include an assessment of—

(a)   the types of interventions provided by local authorities in the
previous financial year, and

(b)   the success or failure of the types of interventions provided by local
authorities in the previous financial year.”

Clause 7

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

72

Page 8, line 22, leave out subsection (2)

LORD BEST

THE EARL OF LISTOWEL

73

Page 8, line 37, at end insert—

“(5C)    Regulations under this section shall provide for an exception to the
benefit cap for a person or couple who have been placed in
temporary accommodation by a local housing authority in
pursuance of its duties under section 188, 190, 193 or 195 of the
Housing Act 1996.

(5D)    The period for which the exception in subsection (5C) applies shall
not exceed 39 weeks beginning with the date on which
accommodation was first provided under any of the duties
specified.”

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

74

Page 8, line 38, at end insert—

“( )     In subsection (9) at end insert—

“(d)   provision for which would result in a breach of a person’s
convention rights (within the meaning of the Human Rights
Act 1998).””

BARONESS MEACHER

BARONESS PITKEATHLEY

BARONESS LISTER OF BURTERSETT

75

Page 9, leave out lines 1 and 2

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

BARONESS PITKEATHLEY

BARONESS LISTER OF BURTERSETT

76

Page 9, leave out lines 3 and 4

77

Page 9, leave out lines 5 and 6

BARONESS MEACHER

78

Page 9, leave out lines 7 to 10

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

BARONESS PITKEATHLEY

BARONESS LISTER OF BURTERSETT

79

Page 9, leave out lines 11 and 12

BARONESS MEACHER

80

Page 9, leave out lines 15 and 16

81

Page 9, leave out lines 17 and 18

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

BARONESS PITKEATHLEY

BARONESS LISTER OF BURTERSETT

82

Page 9, leave out lines 23 and 24

BARONESS MEACHER

83

Page 9, leave out lines 25 and 26

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

BARONESS PITKEATHLEY

BARONESS LISTER OF BURTERSETT

84

Page 9, leave out lines 30 and 31

85

Page 9, leave out lines 32 and 33

86

Page 9, line 35, at end insert—

“( )     After subsection (11) insert—

“( )     Persons who have been placed in temporary accommodation by a
local authority which has found them to be in priority need as
defined in section 189(2) of the Housing Act 1996 (priority need for
accommodation) are exempted from the benefit cap.””

87

Page 9, line 35, at end insert—

“( )     After subsection (11) insert—

“( )     Persons in receipt of carer’s allowance as defined in section 70 of the
Social Security Contributions and Benefits Act 1992 (carer’s
allowance) are exempted from the benefit cap.””

88

Page 9, line 35, at end insert—

“( )     After subsection (11) insert—

“( )     Persons in receipt of universal credit who are not subject to all
work-related requirements as defined in section 22 of the Welfare
Reform Act 2012 (claimants subject to all work-related
requirements) are exempted from the benefit cap.””

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

89

Page 9, line 35, at end insert—

“( )     After subsection (11) insert—

“( )     Persons in receipt of employment and support allowance as
defined in section 1 of the Welfare Reform Act 2007 (employment
and support allowance).””

90

Page 9, line 35, at end insert—

“( )     After subsection (11) insert—

“( )     Persons in receipt of income support as defined in section 124 of the
Social Security Contributions and Benefits Act 1992 (income
support).””

LORD KERSLAKE

90A

Page 9, line 35, at end insert—

“( )     After subsection (11) insert—

“( )     Regulations under this section must provide for an exemption from
the application of the benefit cap for individuals or couples owed a
duty to be provided with interim or temporary accommodation
under sections 188, 190, 193 or 200 of the Housing Act 1996.””

Clause 8

BARONESS MEACHER

91

Page 10, line 14, at end insert—

“( )     The Secretary of State shall assess the impact of the benefit cap on disabled
people, their families and carers.”

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

92

Page 10, line 25, after “situation,” insert—

“( )   the relationship between the level of the benefit cap and
median household income,

( )   the impact on households affected by the benefit cap,

( )   the financial impact of the benefit cap on public authorities,
local authorities and registered social landlords,”

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

THE EARL OF LISTOWEL

93

Page 10, line 25, after “situation,” insert—

“( )   the need to safeguard and promote the welfare of children
in the United Kingdom,”

BARONESS MEACHER

BARONESS PITKEATHLEY

BARONESS LISTER OF BURTERSETT

94

Page 10, line 26, at end insert—

“(c)   the impact of the benefit cap on disabled people, their
families and carers”

Clause 9

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

95

Page 11, line 30, leave out from “to” to end of line 31 and insert “be reviewed
annually by the Secretary of State having given regard to—

“(a)   the rate of inflation, and

(b)   the national economic situation.”

BARONESS MEACHER

96

Page 11, line 31, at end insert—

“( )     Notwithstanding subsection (1), for each of the tax years ending with
5 April 2017, 5 April 2018, 5 April 2019 and 5 April 2020, the amount of each
of the relevant sums claimable by persons with a disability, as defined by
the Equality Act 2010, is to increase in line with inflation.”

BARONESS PITKEATHLEY

97

Page 11, line 31, at end insert—

“( )     Notwithstanding subsection (1), for each of the tax years ending with
5 April 2017, 5 April 2018, 5 April 2019 and 5 April 2020, the amount of each
of the relevant sums claimable by persons regularly and substantially
engaged in caring is to increase in line with inflation.”

BARONESS LISTER OF BURTERSETT

98

Page 11, line 32, leave out subsections (2) to (4)

BARONESS LISTER OF BURTERSETT

LORD KIRKWOOD OF KIRKHOPE

99

Page 11, line 32, leave out subsections (2) to (4) and insert—

“( )     For each of the tax years ending with 5 April 2017, 5 April 2018, 5 April 2019
and 5 April 2020, the rates of child benefit are to rise in line with prices or
earnings or by 2.5 per cent, whichever is the highest.”

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

100

Page 11, line 33, leave out from “to” to end of line 34 and insert “be reviewed
annually by the Secretary of State having given regard to—

(a)   the rate of inflation, and

(b)   the national economic situation.”

LORD MACKENZIE OF CULKEIN

101

Page 11, line 34, at end insert—

“( )     For each of the tax years ending with 5 April 2017, 5 April 2018, 5 April 2019
and 5 April 2020, the amount of the support group component of
employment and support allowance is to be up-rated in accordance with
Part X of the Social Security Administration Act 1992 (review and alteration
of benefits) plus an additional sum equal to the difference between the
value of the basic allowance of employment and support allowance as
subject to subsection (1) and what the value of the basic allowance of
employment and support allowance would have been had it been adjusted
for inflation.”

Clause 10

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

102

Page 12, line 21, leave out from “to” to end of line 22 and insert “be reviewed
annually by the Secretary of State having given regard to—

(a)   the rate of inflation, and

(b)   the national economic situation.”

BARONESS MEACHER

103

Page 12, line 22, at end insert—

“( )     Notwithstanding subsection (1), for each of the tax years ending with
5 April 2017, 5 April 2018, 5 April 2019 and 5 April 2020, the amount of each
of the relevant amounts claimable by persons with a disability, as defined
by the Equality Act 2010, is to increase in line with inflation.”

Clause 16

BARONESS MANZOOR

LORD MCKENZIE OF LUTON

104

Page 15, line 28, at end insert—

“( )     The regulations must provide that where—

(a)   repayment of the loan is to be made based on the proceeds of sale
of the person’s home; and

(b)   the person has an outstanding deferred payment agreement under
section 34 of the Care Act 2014 (deferred payment agreements and
loans),

the repayment of the loan may not be settled until any amounts payable to
the local authority under the deferred payment agreement has been
settled.”

LORD CURRY OF KIRKHARLE

104A*

Page 15, line 31, at end insert—

“( )     Regulations under this section may not be made in connection with
persons who receive disability allowance.”

After Clause 20

EARL CATHCART

LORD BEST

104B

Insert the following new Clause—

“Power to supply relevant social security information to accommodation
provider

(1)     The Secretary of State, or a person providing services to the Secretary of
State, shall have power to supply information relating to any relevant
social security benefit to a person who provides accommodation to the
claimant for the relevant benefit so long as the claimant has given written
authority for the provider of the accommodation to receive such
information.

(2)     “Relevant social security benefit” has the same meaning as in section
121DA(7) of the Social Security Administration Act 1992 (interpretation of
Part VI).”

Clause 21

LORD KERSLAKE

104C*

Page 20, line 36, leave out “, second or third” and insert “or second”

104D*

Page 20, line 38, leave out “, 1 April 2018” or 1 April 2019” and insert “or 1 April
2018”

104E

Page 20, line 43, at end insert—

“( )     From 1 April 2020 registered providers will increase rents by CPI plus 1 per
cent each year, and the Secretary of State will review the impact of this
section to determine flexibility for registered providers to increase social
rents by an additional amount above the increase in formula rent.”

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

THE EARL OF LISTOWEL

BARONESS MANZOOR

105

Page 20, line 46, at end insert—

“( )     The Secretary of State must, within 12 months of this section coming into
force, produce a plan to offset the impact of lower social rents on housing
associations and local government.”

After Clause 21

EARL CATHCART

106

Insert the following new Clause—

“Payments in respect of qualifying arrears

(1)     Regulations made by the Secretary of State under section 5 of the Social
Security Administration Act 1992 (claims and payments regulations) must
provide for the payment from an award of universal credit to the landlord
where there are qualifying arrears.

(2)     Qualifying arrears are arrears of rent in respect of which the housing costs
element of universal credit has been paid (whether or not such element
represents the whole or only part of the rent payable) where the claimant
has failed to pay rent to the landlord, notwithstanding that the claimant is
no longer in occupation of the premises in respect of which such arrears of
rent have accrued.

(3)     The regulations must provide for payment to the landlord from any current
award of universal credit in or towards satisfaction of the qualifying
arrears.

(4)     In this section—

“landlord” means the person who is entitled to the payment of rent for
the occupation of the property previously occupied by the claimant
as his or her home;

“rent” includes the licence or similar payment for the use and
occupation of the accommodation.”

Clause 22

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

107

Page 21, line 6, at end insert—

“(c)   the accommodation is specified accommodation, as defined in The
Housing Benefit and Universal Credit (Supported
Accommodation) (Amendment) Regulations 2014 (S.I. 2014/771).”

LORD BEST

108

Page 21, line 6, at end insert—

“(c)   the accommodation is owned by a fully mutual housing co-
operative within the meaning of paragraph 12(1)(h) of Schedule 1 to
the Housing Act 1988 (local authority tenancies etc).”

LORD KERSLAKE

108A

Page 21, line 6, at end insert—

“(c)   the accommodation is excepted from Right to Buy as a dwelling
specific to the needs of the disabled or elderly (with reference to
paragraphs 7 to 11 of Schedule 5 to the Housing Act 1985)”

LORD BEST

LORD KERSLAKE

THE LORD BISHOP OF ROCHESTER

LORD SHIPLEY

109

Page 21, line 33, at end insert—

“( )     Section 21 does not apply to social housing which meets the definition of
supported housing as defined in The Housing Benefit and Universal Credit
(Supported Accommodation) (Amendment) Regulations 2014 (S.I. 2014/
771).”

After Clause 23

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

THE EARL OF LISTOWEL

110

Insert the following new Clause—

“Housing costs in the private rented sector

(1)     The Secretary of State must, at a time no later than the end of the financial
year of April 2016 and at least once during the course of each of the
subsequent four financial years, review the relationship between housing
costs in the private rented sector and levels of local housing allowance.

(2)     Where a review under subsection (1) shows that less than 30 per cent of
private rented properties in each locality are not affordable to persons in
receipt of local housing allowance, the Secretary of State must by
regulations under section 130A of the Social Security Contributions and
Benefits Act 1992 (appropriate maximum housing benefit) amend the rates
of local housing allowance.”

Schedule 2

LORD KERSLAKE

110A

Page 32, line 16, at end insert—

“( )     The registered provider must have regard to rent standard guidance in
calculating social rents for new properties and shall retain discretion to
adjust those rents to reflect appropriately local factors.”

110B

Page 33, line 10, at end insert—

“( )     The registered provider must have regard to rent standard guidance in
calculating affordable rents for new properties and shall retain
discretion to adjust those rents to reflect appropriately local factors.”

Clause 31

LORD PATEL

111

Page 28, line 2, at end insert “, subject to sections 13(7A) and (7B), and 14(1A)
and (1B)”

Prepared 4th December 2015