Welfare Reform and Work Bill

second
MARSHALLED
LIST OF Amendments
to be moved
on report

The amendments have been marshalled in accordance with the Order of 21st January 2016, as follows—

Schedule 1
Clauses 11 to 25
Schedule 2
Clauses 26 to 35
Title

[Amendments marked * are new or have been altered]

Clause 11

THE LORD BISHOP OF PORTSMOUTH

BARONESS SHERLOCK

BARONESS MEACHER

35

Page 13, line 12, at end insert “, or

(c)   an exception applies under section 10(4A) of the Welfare
Reform Act 2012, as inserted by section 12 of the Welfare
Reform and Work Act 2016”

Clause 12

THE LORD BISHOP OF PORTSMOUTH

BARONESS SHERLOCK

BARONESS MANZOOR

BARONESS MEACHER

36

Page 13, line 19, leave out “(4)” and insert “(4A)”

37

Page 13, line 21, leave out “But” and insert “Provided that no exception under
subsection (4A) applies,”

38

Page 13, line 27, at end insert—

“(4A)    After subsection (4) insert—

“(4A)    For the purposes of subsection (1A), and of section 9(3A) and (3B)
of the Tax Credits Act 2002 (maximum rate of child tax credit), an
exception applies if—

(a)   the claimant responsible for children in the household is a
single claimant as a result of being bereaved of their partner,

(b)   the claimant has fled their previous partner as a result of
domestic abuse,

(c)   the child or qualifying young person has a disability,

(d)   the child or qualifying young person is in the household as
a result of a kinship care arrangement, private fostering
arrangement, or adoption, or

(e)   the claimant was previously entitled to an award for the
child or qualifying young person and has re-partnered
creating a household with more than two children.””

39

[Withdrawn]

After Clause 12

BARONESS SHERLOCK

BARONESS DRAKE

40

Insert the following new Clause—

“Exemptions to the two child limit

Sections 11 and 12 of this Act shall not apply where a third or subsequent
child becomes a member of a household as a result of being adopted into
that household or becomes a member of a household as a result of a kinship
care arrangement.”

Clause 13

LORD LOW OF DALSTON

BARONESS MEACHER

LORD MCKENZIE OF LUTON

BARONESS MANZOOR

41

Leave out Clause 13

After Clause 13

BARONESS HOWE OF IDLICOTE

42

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

43

Insert the following new Clause—

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

The Secretary of State shall establish a system by which any person with a
mental or behavioural disorder as a primary medical condition who is
awarded employment and support allowance shall, on being awarded that
allowance, be immediately encouraged and assisted to be referred for
assessment and treatment for that condition.”

Clause 14

LORD LOW OF DALSTON

BARONESS SHERLOCK

BARONESS MEACHER

BARONESS MANZOOR

44

Leave out Clause 14

Clause 15

BARONESS LISTER OF BURTERSETT

BARONESS MANZOOR

44A*

Page 14, line 30, at end insert—

“( )   in section 14 (claimant commitment) after subsection (5) insert—

“(6)     In preparing a claimant commitment for a claimant, the
Secretary of State shall have regard (so far as is practicable)
to its impact on the wellbeing of any child who may be
affected by it.””

After Clause 15

BARONESS MANZOOR

45

Insert the following new Clause—

“Universal Credit (Work Allowance)

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

BARONESS MEACHER

46

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 license or similar payment for the use and
occupation of the accommodation.”

BARONESS SHERLOCK

BARONESS HOLLIS OF HEIGHAM

46A*

Insert the following new Clause—

“Universal Credit (Work Allowance) (No. 2)

(1)     Within one year of the coming into effect of the Universal Credit (Work
Allowance) Amendment Regulations 2015, the Secretary of State shall
publish, and lay before each House of Parliament, a report assessing the
impact of those Regulations on work incentives.

(2)     The report prepared under subsection (1) must contain data analysis of—

(a)   income and hours worked, by household type, and

(b)   the impact of the regulations on the levels of awards of in-work
support payable to claimants who have moved from tax credits to
universal credit as a result of a change of circumstances, or
claimants who will move from tax credits to universal credit as a
result of a change of circumstances before 2018.”

BARONESS MANZOOR

46B*

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”.”

46C*

Insert the following new Clause—

“Application of sanctions and disallowances to Jobseeker’s Allowance

(1)     The Jobseeker’s Allowance Regulations 1996 are amended as follows.

(2)     After regulation 22 insert—

“Treatment of people found not to be actively seeking
employment or available for employment

22A. The Secretary of State shall, by regulations, provide that the
payment of housing benefit to a person in receipt of a jobseeker’s
allowance shall not cease solely because that person’s award of a
jobseeker’s allowance is reduced in accordance with regulations
made under section 19B of the Jobseekers Act 1995 (claimants
ceasing to be available for employment etc), including for a period
during which the claimant ceased to be entitled to a jobseeker’s
allowance by failing to comply with the condition in section 1(2)(a)
or (c) of the Jobseekers Act 1995 (availability for employment and
actively seeking employment), without other due cause.”

(3)     In regulation 69B, omit paragraph (7).

(4)     In regulation 70—

(a)   for paragraph (1)(a) substitute—

“(a)   in any benefit week, 100% of the allowance payable
to the claimant, minus the sum of 10 pence; or”;

(b)   in sub-paragraph (1)(b)(i), omit from “100%” to the first “couple”
and insert “in any benefit week, 100% of the allowance payable to
the couple, minus the sum of 10 pence”; and

(c)   after paragraph (3) insert—

“(4)     The amount referred to in paragraph (3) may not reduce, in
any benefit week, the amount of a jobseeker’s allowance
payable to the claimant to less than the sum of 10 pence.””

46D*

Insert the following new Clause—

“Review into the impact of sections 7 to 15

(1)     Within three years of the passing of this Act, the Secretary of State must lay
before both Houses of Parliament a report on the impact of sections 7 to 15
on—

(a)   mental health among those affected by the provisions of sections 7
to 15,

(b)   child poverty, and

(c)   the wellbeing of children in households affected by the provisions
of sections 7 to 15.

(2)     Where the report under subsection (1) finds that the impact of sections 7 to
15 has been detrimental within any of the areas set out in subsection (1), it
must contain recommendations by the Secretary of State for changes that
should be made to resolve the detrimental impacts.”

Clause 16

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

46E*

Page 15, line 33, leave out from “section” to end of line 34 and insert “may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.”

After Clause 16

BARONESS SHERLOCK

LORD MCKENZIE OF LUTON

46F*

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)     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, which
must be no longer than 13 weeks.

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

(5)     A statutory instrument containing regulations under this section may not
be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.”

Clause 18

LORD FREUD

47

Page 17, line 36, at end insert—

“( )     In section 170 of the Social Security Administration Act 1992 (Social
Security Advisory Committee), in subsection (5)—

(a)   in the definition of “the relevant enactments”, after paragraph (an)
insert—

“(ao)   sections 16, 17 and 19 of the Welfare Reform and
Work Act 2016;”;

(b)   in the definition of “the relevant Northern Ireland enactments”,
after paragraph (an) insert—

“(ao)   any provisions in Northern Ireland which
correspond to sections 16, 17 and 19 of the Welfare
Reform and Work Act 2016;”.”

48

Page 17, line 36, at end insert—

“( )     In section 2 of the Social Security Act 1998 (use of computers), in subsection
(2)—

(a)   omit the “or” after paragraph (m);

(b)   after paragraph (n) insert “or

(o)   sections 16 to 19 of the Welfare Reform and Work
Act 2016.”

( )     In section 8 of the Social Security Act 1998 (decisions by Secretary of
State)—

(a)   in subsection (3) (meaning of “relevant benefit”), after paragraph
(bb) insert—

“(bc)   a loan under section 16 of the Welfare Reform and
Work Act 2016;”;

(b)   in subsection (4) (meaning of “relevant enactment”), for “or section
30 of that Act” substitute “, section 30 of that Act or sections 16 to 19
of the Welfare Reform and Work Act 2016”.

( )     In section 11 of the Social Security Act 1998 (regulations with respect to
decisions), in subsection (3), in the definition of “the current legislation”,
for “and section 30 of that Act” substitute “, section 30 of that Act and
sections 16 to 19 of the Welfare Reform and Work Act 2016”.

( )     In section 28 of the Social Security Act 1998 (correction of errors and setting
aside of decisions), in subsection (3)—

(a)   omit the “or” after paragraph (i);

(b)   after paragraph (j) insert “; or

(k)   sections 16 to 19 of the Welfare Reform and Work
Act 2016.”

( )     In section 39 of the Social Security Act 1998 (interpretation etc of Chapter 2
of Part 1), after subsection (1) insert—

“(1A)    In this Chapter—

(a)   a reference to a benefit includes a reference to a loan under
section 16 of the Welfare Reform and Work Act 2016;

(b)   a reference to a claim for a benefit includes a reference to an
application for a loan under section 16 of the Welfare
Reform and Work Act 2016;

(c)   a reference to a claimant includes a reference to an applicant
for a loan under section 16 of the Welfare Reform and Work
Act 2016 or, in relation to a couple jointly applying for a loan
under that section, a reference to the couple or either
member of the couple;

(d)   a reference to an award of a benefit to a person includes a
reference to a decision that a person is eligible for a loan
under section 16 of the Welfare Reform and Work Act 2016;

(e)   a reference to entitlement to a benefit includes a reference to
eligibility for a loan under section 16 of the Welfare Reform
and Work Act 2016.””

49

Page 17, line 41, at end insert—

“( )     In section 131 of the Welfare Reform Act 2012 (information-sharing in
relation to welfare services etc), in subsection (12), in the definition of
“relevant social security benefit” for the words from “has” to the end
substitute “means—

(a)   a relevant social security benefit as defined in section
121DA(7) of the Social Security Administration Act 1992, or

(b)   a loan under section 16 of the Welfare Reform and Work Act
2016 (loans for mortgage interest etc);”.”

Clause 22

LORD BEST

LORD MCKENZIE OF LUTON

LORD SHIPLEY

50

Page 21, line 8, 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);

(d)   the accommodation is owned by a community land trust within the
meaning of section 79 of the Housing and Regeneration Act 2008
(English bodies).”

LORD BEST

LORD MCKENZIE OF LUTON

LORD SHIPLEY

LORD KERSLAKE

51

Page 21, line 45, 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

LORD BEST

52

Page 21, line 45, 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

LORD KERSLAKE

BARONESS MEACHER

LORD BEST

53

Insert the following new Clause—

“Independent review of social housing rents from 1 April 2020

Before any decisions are made about the setting of rents for social housing
from 1 April 2020, the Secretary of State shall commission and publish an
independent review assessing the impact of sections 21 to 23.”

Clause 24

LORD FREUD

54

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.””

55

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.””

56

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.””

57

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,”.”

58

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,”.”

59

Transpose Clause 24 to after Clause 28

After Clause 24

BARONESS MANZOOR

59A*

Insert the following new Clause—

“Housing costs in the private rented sector and levels of local housing allowance

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, commission an independent analysis
reviewing the relationship between housing costs in the private rented
sector and levels of local housing allowance.”

Clause 25

LORD FREUD

60

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

Schedule 2

LORD KERSLAKE

BARONESS MEACHER

LORD BEST

61

Page 32, line 26, at end insert—

“( )     The registered provider must have regard to the Rent Standard Guidance
in calculating social rents for new properties and shall have discretion to
adjust those rents to reflect appropriately local factors through an increase
of up to 5 per cent of formula rents, and up to 10 per cent of formula rents
for supported housing.”

LORD FREUD

62

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,”

LORD KERSLAKE

BARONESS MEACHER

LORD BEST

63

Page 33, line 11, at end insert—

“( )     The registered provider must have regard to the Rent Standard Guidance
in calculating affordable rents for new properties and shall have discretion
to adjust those rents to reflect appropriately local factors through an
increase of up to 5 per cent of formula rents, and up to 10 per cent of
formula rents for supported housing.”

LORD FREUD

64

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.”

65

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

66

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.”

67

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).”

68

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.”

69

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.”

70

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.”

71

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.”

72

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;”

73

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;”

74

Page 38, line 38, leave out paragraph 7

75

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

76

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

Clause 26

LORD FREUD

77

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.”

78

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

Clause 31

LORD FREUD

79

Page 27, leave out lines 33 and 34

80

Page 28, line 10, at end insert—

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

81

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.”

82

Page 28, line 37, leave out from beginning to “does” in line 40 and insert—

“(a)   in a case where the maximum amount applying under regulations
under section 26 or Part 1 of Schedule 2 is determined on a basis that
treats an amount, or a description of an amount, payable by way of
service charge as part of the rent payable, includes a reference to an
amount, or an amount of that description, payable by way of
service charge,

(b)   in a case where section 21 applies after regulations under section 26
have, or Part 1 of Schedule 2 has, applied a maximum amount
determined on a basis that treats an amount, or a description of an
amount, payable by way of service charge as part of the rent
payable, includes a reference to an amount, or an amount of that
description, payable by way of service charge,

(c)   in a case not falling within paragraph (a) or (b) where, under the
terms of the lease or agreement, an amount, or a description of an
amount, payable by way of service charge is part of the rent
payable, includes a reference to an amount, or an amount of that
description, payable by way of service charge, and

(d)   in any other case,”

In the Title

LORD FREUD

83

Line 5, after “interest” insert “and other liabilities”

 

Prepared 26th January 2016