Welfare Reform and Work Bill

Amendments
to be moved
on report

After Clause 1

BARONESS CAMPBELL OF SURBITON

BARONESS DOOCEY

LORD LOW OF DALSTON

 

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 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 24

LORD FREUD

 

Page 23, line 42, at end insert—

“(b)   regulations under section 26 of that Act, or

(c)   Part 1 of Schedule 2 to that Act.””

 

Page 24, line 3, at end insert—

“(b)   regulations under section 26 of that Act, or

(c)   Part 1 of Schedule 2 to that Act.””

 

Page 24, line 7, at end insert—

“(b)   regulations under section 26 of that Act, or

(c)   Part 1 of Schedule 2 to that Act.””

 

Page 24, line 11, at end insert—

“(ii)   regulations under section 26 of that Act, or

(iii)   Part 1 of Schedule 2 to that Act,”.”

 

Page 24, line 15, at end insert—

“(ii)   regulations under section 26 of that Act, or

(iii)   Part 1 of Schedule 2 to that Act,”.”

 

Transpose Clause 24 to after Clause 28

Clause 25

LORD FREUD

 

Page 24, line 21, leave out “, exemptions and enforcement” and insert “and
exemptions”

Clause 26

LORD FREUD

 

Page 24, line 43, at end insert—

“(3A)    Regulations made by virtue of subsection (3) may, in particular, provide for
section 21 or Part 1 of Schedule 2 to have effect with modifications.

(3B)    The modifications that may be made by virtue of subsection (3A) include
(but are not limited to) modifications that—

(a)   provide for the maximum amount of rent to be increased from year
to year by no more than a percentage specified in the regulations;

(b)   provide for the maximum amount of rent to be determined by
disregarding the effect of a temporary reduction or waiver of rent;

(c)   provide for the maximum amount of rent to be determined by
reference to a different period;

(d)   provide for section 21(1) or paragraph 1(4)(c) or (5)(c) or 3(4) of
Schedule 2 to have effect as if it referred to a different percentage;

(e)   provide for paragraph 1, 2 or 3 of Schedule 2 to have effect as if the
social rent rate were uplifted by a percentage specified in the
regulations;

(f)   provide for paragraph 3(2) or (3) of Schedule 2 to have effect as if
paragraph 3(2)(a)(ii) or (3A)(a)(ii) referred to a different percentage;

(g)   provide for the maximum amount of rent to be determined by
reference to what would have been the amount if an exception in
regulations under section 22 or paragraph 5(5) of Schedule 2
(including an exception making such provision as is described in
section 22(7) or paragraph 5(7)) had not applied.

(3C)    Regulations made by virtue of subsection (3B)(d) may not provide for a
higher percentage to have effect.

(3D)    Regulations made by virtue of subsection (3B)(e) may, in particular, make
provision in relation to cases where an exception in regulations under
paragraph 5(5) of Schedule 2 making provision about social housing which
satisfies conditions prescribed by the regulations as to design, facilities, use
or the provision of support to tenants applies.

(3E)    Regulations under subsection (1) may not provide for a maximum amount
of rent payable by a tenant of social housing in respect of a relevant year,
or a part of a relevant year, which is less than the amount that would be
payable by the tenant in respect of that period if the rent was payable at the
social rent rate in that period, in a case where an exception in regulations
under paragraph 5(5) of Schedule 2 applies.”

 

Page 25, line 15, leave out subsection (8)

Clause 31

LORD FREUD

 

Page 28, line 10, at end insert—

““social rent rate” has the meaning given by Schedule 2;”

 

Page 28, line 34, at end insert—

“( )     In determining the maximum amount of rent payable by a person who is a
tenant of social housing for part of a relevant year, a fraction of a day
during which the person is a tenant of that social housing is to be treated as
a whole day during which the person is a tenant of that social housing.”

Schedule 2

LORD FREUD

 

Page 32, line 40, leave out sub-paragraphs (i) to (iii) and insert—

“(i)   was payable at the beginning of 8 July 2015 by the person
who was the tenant of that social housing, in a case where
8 July 2015 is the relevant day,

(ii)   was payable at the beginning of the relevant day by the
person who was the tenant of that social housing, in a
case where the relevant day falls after 8 July 2015 and the
person who was the tenant at the beginning of 8 July 2015
continued as tenant until at least that later time,

(iii)   is likely to have been payable at the beginning of the
relevant day by the person who was the tenant at the
beginning of 8 July 2015 if the person’s tenancy had
continued until at least that later time, in a case where the
relevant day falls after 8 July 2015 and the person who
was the tenant at the beginning of 8 July 2015 ceased to be
the tenant before that later time, or

(iv)   is likely to have been payable at the beginning of the
relevant day by a tenant of that social housing, in a case
where there was no tenant at that time and sub-
paragraph (iii) does not apply,”

 

Page 33, line 20, leave out sub-paragraphs (7) and (8) and insert—

“(6A)    The Secretary of State may by regulations define “formula rent” and
may, in particular, provide that it is a rent set in accordance with a
method specified in the regulations.

(6B)    Regulations under sub-paragraph (6A) may, in particular, make
provision by reference to—

(a)   the standard published in January 2015 by the regulator under
section 194(2A) of the Housing and Regeneration Act 2008 (the
powers of the regulator to set standards relating to levels of rent),

(b)    Rent Standard Guidance published in January 2015 by the
regulator, or

(c)    Guidance on Rents for Social Housing published in May 2014 by the
Secretary of State.”

 

Page 34, line 17, leave out sub-paragraph (6)

 

Page 34, line 26, leave out from beginning to end of line 30 and insert “the higher
of—

(a)   the amount found by—

(i)   determining the rate of the market rent for that social
housing when the tenancy begins, and

(ii)   determining the amount that is 80% of the amount that
would be payable in respect of a year if that rate had
applied during the year, and

(b)   the amount that would be payable in respect of the first relevant
year if the tenant were paying rent at the social rent rate.”

 

Page 34, line 40, leave out from “is” to end of line 44 and insert “the higher of the
amounts described in sub-paragraph (3A).”

 

Page 34, line 44, at end insert—

“(3A)    The amounts referred to in sub-paragraph (3) are—

(a)   the amount found by—

(i)   determining the rate of the market rent for that social
housing when the tenancy begins,

(ii)   determining the amount that is 80% of the amount that
would be payable in respect of a year if that rate had
applied during the year, and

(iii)   (if necessary) reducing that amount in proportion to the
part of that relevant year that elapsed before the tenancy
begins, and

(b)   the amount that would be payable in respect of the period in
question if the tenant were paying rent at the social rent rate.”

 

Page 35, line 31, at end insert—

“( )   an arrangement between a local authority and the Homes and
Communities Agency, the Greater London Authority or the
Secretary of State under which rents for social housing may be set
on a particular basis.”

 

Page 35, line 32, leave out sub-paragraphs (5) and (6) and insert—

“(4A)    Regulations under sub-paragraph (2) may define “affordable rent” and
may, in particular, provide that it is a rent set in accordance with a
method specified, or of a description specified, in the regulations.

(4B)    The methods that may be specified in the regulations include, but are not
limited to, methods that provide for a maximum level of rent when
accommodation is initially let to be a certain percentage of market rent
in certain cases or circumstances.”

 

Page 35, line 41, at end insert—

“( )     A reference to an amount of market rent includes a reference to an
amount payable by way of service charge.”

 

Page 37, line 26, at end insert—

“( )   a direction that Part 1 is to have effect in relation to a private
registered provider specified in the direction as if a reference in
Part 1 to the social rent rate were a reference to that rate increased
by the percentage specified in the direction;”

 

Page 38, line 12, at end insert—

“( )   a direction that Part 1 is to have effect in relation to a local
authority specified in the direction as if a reference in Part 1 to the
social rent rate were a reference to that rate increased by the
percentage specified in the direction;”

 

Page 38, line 38, leave out paragraph 7

 

Page 39, line 9, after “1(5)(a)(iii)” insert “or (iv)”

 

Page 39, line 10, leave out “the beginning of 8 July 2015” and insert “a particular
time”

 

Prepared 21st January 2016