Vote Bundle Text (990325-03)

Amendments proposed to the Welfare Reform and Pensions Bill - continued	House of Commons

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Mr David Rendel
Mr Mark Oaten

137

Clause 51, page 50, line 6, leave out 'may' and insert 'shall'.

Mr David Rendel
Mr Mark Oaten

138

Clause 51, page 50, line 9, after 'have', insert 'for at least 25 weeks of the last two complete years before the beginning of the relevant benefit year been entitled to Invalid Care Allowance or in receipt of Disabled Person's Tax Credit or Disability Working Allowance, or who have'.

Mr David Rendel
Mr Mark Oaten

139

Clause 51, page 50, line 9, after 'have', insert 'actually paid contributions of a relevant class for not less than seven years, or who have'.

Mr David Rendel
Mr Mark Oaten

141

Clause 52, page 50, line 24, leave out 'payable' and insert 'paid'.

Mr David Rendel
Mr Mark Oaten

193

Clause 52, page 50, line 33, leave out 'exceeds such limit as is specified' and insert 'is greater than the sum of £50 together with the sum available in means tested benefits, entitlement being as if no savings were held, and for the sum of £50 to be uprated annually in line with the general increase in prices'.

Mr Iain Duncan Smith
Mr Quentin Davies
Mr Eric Pickles

Clause 52, page 50, leave out lines 36 to 39.

Mr David Rendel
Mr Mark Oaten

194

Clause 52, page 50, line 44, at end insert—

'(e) Where the pension payments exceed that outlined in section (2)(a) for the specified amount to be no greater than 30 per cent. of the excess.'.

Mr Iain Duncan Smith
Mr Quentin Davies
Mr Eric Pickles

Clause 52, page 51, leave out lines 4 to 7.

Mr David Rendel
Mr Mark Oaten

195

Clause 52, page 51, line 10, at end insert 'subject to that specified amount being no greater than 30 per cent. of the excess.'.

Mr Stephen Timms
Mr Tom Levitt

115

Clause 53, page 51, line 40, after '20', insert ' or, in prescribed cases, 25'.

Mr Iain Duncan Smith
Mr Quentin Davies
Mr Eric Pickles

199

Clause 53, page 51, line 45, at end insert—

'(ca) he had in the last two consecutive years before becoming disabled prime responsibility for looking after a child or children at home, one or more of whom during that period was below five years of age.'.

Mr Iain Duncan Smith
Mr Quentin Davies
Mr Eric Pickles

200

Clause 53, page 51, line 45, at end insert—

'(cb) he had in the last two consecutive years before becoming disabled prime responsibility for caring for a disabled person at home.'.

Mr Iain Duncan Smith
Mr Quentin Davies
Mr Eric Pickles

Clause 53, page 52, leave out lines 3 and 4.

Mr David Rendel
Mr Mark Oaten

142

Clause 55, page 52, leave out lines 14 to 18.

Mr Iain Duncan Smith
Mr Quentin Davies
Mr Eric Pickles

201

Clause 68, page 59, line 40, leave out from 'instrument' to end of line 47 and insert 'shall be laid in draft before and approved by a resolution of each House of Parliament.'.

Mr David Rendel
Mr Mark Oaten

186

Clause 68, page 60, line 47, at end add—

'( ) Before exercising any power to make regulations under sections 47 to 56, the Secretary of State shall consult groups representing disabled people and other such persons as he considers appropriate.'.

NEW CLAUSES

Obtaining information with respect to compliance with section 3

Mr Stephen Timms

NC1

To move the following Clause:—

'.—(1) Any person appearing to the Authority to be a person who holds, or is likely to hold, information which is relevant to the issue whether an employer is complying, or has complied, with the requirements under section 3 must, if required to do so by the Authority by notice in writing, produce any document which is so relevant.

(2) To comply with subsection (1) the document must be produced in such a manner, at such a place and within such a period as may be specified in the notice.

(3) Section 100 of the 1995 Act shall have effect as if references to section 98(1) or 99(1)(b) of that Act included references to subsection (1) or section 4(1)(b).

(4) Sections 101 to 103 of that Act shall have effect as if references which are or include references to section 98 or 99 of that Act included references to this section or section 4.

(5) In this section and section 4 "document" includes information recorded in any form, and any reference to production of a document, in relation to information recorded otherwise than in legible form, is to producing a copy of the information in legible form.'

Sections 10 and 11: application to Scotland.

Mr Stephen Timms

NC3

To move the following Clause:—

'.—(1) This section shall have effect for the purposes of the application of sections 10 and 11 to Scotland.

(2) A reference to—

(a) the making of a bankruptcy order against a person is a reference to the award of sequestration on his estate or the making of the appointment on his estate of a judicial factor under section 41 of the Solicitors (Scotland) Act 1980;

(b) the estate of a person is a reference to his estate for the purposes of the Bankruptcy (Scotland) Act 1985 or of the Solicitors (Scotland) Act 1980, as the case may be;

(d) a person's trustee in bankruptcy is a reference to his permanent trustee or judicial factor, as the case may be;

(e) the commencement of a person's bankruptcy is a reference to the date of sequestration (within the meaning of section 12(4) of the Bankruptcy (Scotland) Act 1985) or of the judicial factor's appointment taking effect, as the case may be.

(3) For paragraph (b) of each of subsections (5) and (7) of section 10 there shall be substituted—

"(b) if later, the date of sequestration (within the meaning of section 12(4) of the Bankruptcy (Scotland) Act 1985) or of the judicial factor's appointment taking effect, as the case may be." '.

Meaning of "stakeholder pension scheme"

Mr Iain Duncan Smith
Mr Quentin Davies
Mr Eric Pickles

NC2

To move the following Clause:—

'A pension scheme is a stakeholder pension scheme if an employer provides for an employee a payroll deductions facility to enable payments to be made on the employee's behalf to a pension scheme authorised for this purpose by the Inland Revenue.'.

Habitual residence test

Mr David Rendel
Mr Mark Oaten

NC4

To move the following clause:—

'.—In section 137 (2) (a) of the Social Security Contributions and Benefits Act 1992, at the end, insert—

"so, however, that regulations may not treat a person who is in Great Britain and who has the right to live in Great Britain for the time being without immigration leave as not being in Great Britain irrespective of where he is habitually or ordinarily resident".'.

Bereavement allowance to unmarried partners

Mr David Rendel
Mr Mark Oaten

NC5

To move the following Clause:—

'The references in sections 44 to 46 above to a husband, wife or spouse shall be construed where the context admits as including a man and a woman who were not married but who were living together as a husband and wife at the time of the death in question'.

Disability Income Guarantee for over 60s

Mr David Rendel
Mr Mark Oaten

NC 6

To move the following Clause:—

'In section 135 of the Social Security Contributions and Benefits Act 1992, there shall be inserted after subsection (1):

(1A) The applicable amounts for income support for severely disabled persons shall be made by the Secretary of State following consultation with one or more organisations whom he regards as representative of severely disabled persons.

(1B) The sums certified by the Secretary of State under subsection (1A) above shall be not less than in the case of a severely disabled person who is of pensionable age, that of the level of income support for that age group together with the maximum disability premiums payable to that person.

(1C) After sums have first been certified under subsection (1A) above, the sums certified in each subsequent year shall be not less than the total of the sums certified in the previous year together with the amount (if any) by which it appears to the Secretary of State that the general level of prices has increased in the course of the previous year.

(1D) In subsections (1A) to (1B) above 'severely disabled persons' means persons who are in receipt of attendance allowance at the highest rate within section (3) of section 65 above.'.

Disability Income Guarantee for people aged between 16 and 60

Mr David Rendel
Mr Mark Oaten

NC7

To move the following Clause:—

'In section 135 of the Social Security Contributions and Benefits Act 1992, there shall be inserted after subsection (1):

"(1A) The applicable amounts for income support for severely disabled persons shall be made by the Secretary of State following consultation with one or more organisations whom he regards as representative of severely disabled persons.

(1B) The sums first certified by the Secretary of State under subsection (1A) above shall be, in the case of a severely disabled person who is aged not less than 16 but less than 60, set at a level at no less than the higher level for those aged over 25 together with the maximum disability premiums available.

(1D) In subsections (1A) to (1B) above, "severely disabled persons" means persons who are in receipt of the care component of disability living allowance at the highest rate within section (4)(a) of section 72 above.".'.