Welfare Reform and Work Bill

third
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 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]

After Clause 15

BARONESS LISTER OF BURTERSETT

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

BARONESS LISTER OF BURTERSETT

59

Insert the following new Clause—

“Universal Credit (Work Allowance)

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repealed.”

BARONESS MANZOOR

LORD MCKENZIE OF LUTON

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.”

BARONESS MANZOOR

62A

Insert the following new Clause—

“Review of work-related requirements for parents of children under 5 years

(1)     The Secretary of State must carry out a review of the application of the
work-related requirements imposed by section 15 on parents with children
under 5 years old before the end of the period of 18 months beginning with
the day on which that section comes into force.

(2)     In carrying out the review, the Secretary of State must consider—

(a)   the nature of the claimant commitments undertaken by parents of
children under 5 years old who have been subject to work-related
requirements as a condition of receiving universal credit, and in
particular the compatibility of those commitments with their
childcare responsibilities;

(b)   the extent to which such parents have met or failed to meet their
claimant commitments;

(c)   the nature and extent of work preparation actions required by the
Secretary of State of parents with children under 5 years old;

(d)   the nature and extent of work search requirement actions required
by the Secretary of State to be undertaken by parents with children
under 5 years old for the purposes of obtaining paid work (or more
paid work or better-paid work);

(e)   the extent to which the work-related requirements imposed on
parents with children under 5 years old have led to greater numbers
of such parents taking up paid work;

(f)   the nature and extent of sanctions imposed on parents of children
under 5 years old by the Secretary of State under sections 26 and 27
of the Welfare Reform Act 2012;

(g)   the extent to which sanctions imposed on parents of children under
5 years old have been overturned;

(h)   the impact on child well-being of the work-related requirements
imposed on parents with children under 5 years old.

(3)     After the review, the Secretary must make and publish a report
containing—

(a)   the conclusions of the review; and

(b)   a statement as to what the Secretary of State proposes to do in view
of those conclusions.

(4)     The report must be laid before Parliament by the Secretary of State.”

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

62B

Insert the following new Clause—

“Disability living allowance (mobility component) for young children

In section 73 of the Social Security Contributions and Benefits Act 1992 (the
mobility component), for subsection (1) substitute—

“(1)     Subject to the provisions of this Act, a person shall be entitled to the
mobility component of a disability living allowance for any period
and throughout which—

(a)   he or she, from birth and on account of a condition, must
always be accompanied by bulky medical equipment which
cannot be carried around with him or her without great
difficulty; or

(b)   he or she, from birth and on account of a condition, must
always be kept near a motor vehicle so that, if necessary,
treatment for that condition can be given in the vehicle or
the child can be taken quickly in the vehicle to a place where
such treatment can be given; or

(c)   he or she is over the age of five and is suffering from
physical disablement such that he or she is either unable to
walk or virtually unable to do so; or

(d)   he or she is over the age of five and falls within subsection
(2) below; or

(e)   he or she is over the age of five and falls within subsection
(3) below; or

(f)   he or she is over the age of five and is able to walk but is so
severely disabled physically or mentally that, disregarding
any ability he or she may have to use routes which are
familiar to him or her on his or her own, he or she cannot
take advantage of the faculty out of doors without guidance
or supervision from another person most of the time.””

LORD LOW OF DALSTON

BARONESS HOLLINS

62C

Insert the following new Clause—

“Entitlement to housing element of universal credit for 18 to 21 year olds

Entitlement to the housing element of universal credit shall not be
restricted for those 18 to 21 year olds who fall into the following
categories—

(a)   those who are owed a rehousing duty under—

(i)   section 193 of the Housing Act 1996 (duty to persons with
priority need who are not homeless intentionally);

(ii)   section 9 of the Homelessness etc (Scotland) Act 2003
(suitability of accommodation for homeless persons);

(iii)   section 73 of the Housing (Wales) Act 2014 (duty to help to
secure accommodation for homeless applicants);

(b)   those who are homeless or at risk of homelessness who are being
assisted by local authority Housing Options teams;

(c)   those who are homeless or at risk of homelessness and are being
supported by voluntary or statutory agencies into more settled
accommodation;

(d)   those who have formerly been homeless as young adults aged 16 or
over;

(e)   a person without family or for whom the home environment is not
suitable to live in;

(f)   those leaving custody.”

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

LORD YOUNG OF NORWOOD GREEN

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

BARONESS MANZOOR

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

BARONESS MANZOOR

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 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) are exempted from the benefit cap.””

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) are exempted from the benefit cap.””

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.”

96

[Withdrawn]

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

BARONESS LISTER OF BURTERSETT

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.”

103

[Withdrawn]

Clause 16

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

103A*

Page 15, line 7, at end insert “including outlining the number of weeks a person
must wait after the need arises in order to apply for a loan under subsection (1),
which must be no longer than 13 weeks”

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 have 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 16

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

104AZA*

Insert the following new Clause—

“Grants for mortgage interest etc

(1)     Section 16 does not apply to an individual who is in receipt of pension
credit.

(2)     The Secretary of State shall by regulations provide for grants to be made for
claimants in receipt of pension credit in respect of a person’s liability to
make owner-occupier payments in respect of accommodation occupied by
the person as the person’s home.

(3)     The regulations made under subsection (2) may make provision about
eligibility to receive a grant, including outlining the number of weeks a
person must wait after the need arises in order to apply for a grant under
subsection (1), which must be no longer than 13 weeks.

(4)     Regulations under this section may make different provision for different
purposes.

(5)     Regulations under this section must be made by statutory instrument
subject to annulment in pursuance of a resolution of either House of
Parliament.”

Clause 20

LORD KIRKWOOD OF KIRKHOPE

LORD ROOKER

104AA

Page 19, line 25, at end insert—

“( )     Any relevant provider assisting with any provision for the expenses
of the Secretary of State under subsection (2)(a) shall provide an
annual governance report to Parliament or the Public Accounts
Committee of the House of Commons, detailing—

(a)   the remuneration of its directors;

(b)   a register of interests; and

(c)   the transparency of its board meetings.”

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).”

Before Clause 21

EARL CATHCART

104BA

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.”

THE EARL OF LISTOWEL

EARL CATHCART

104BB

Insert the following new Clause—

“Direct payments to claimants

(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 of the housing costs element of an award of
universal credit to the landlord where the claimant requests such payment
to be made to the landlord.

(2)     In this section—

“landlord” means the person who is entitled to payment of rent for the
occupation of the accommodation 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 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.”

106

[Re-tabled as Amendment 104BA]

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).”

LORD RAMSBOTHAM

109A

Page 21, line 33, at end insert—

“( )     Section 21 does not apply in relation to a registered provider of social
housing which is an almshouse charity.”

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 ending March 2017 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 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 11th December 2015