Amendments proposed to the Welfare Reform and Pensions Bill - continued	House of Commons
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Mr Iain Duncan Smith
Mr Quentin Davies
Mr Eric Pickles

198

Clause     51,     page     50,     leave out lines 1 to 4.

   

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'.

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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

88

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

89

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.'.

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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

90

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

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Mr David Rendel
Mr Mark Oaten

142

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

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Mr David Rendel
Mr Mark Oaten

223

Clause     56,     page     52,     line     44,     leave out 'the age of 3' and insert 'from birth'.

   

Mr David Rendel
Mr Mark Oaten

224

Clause     56,     page     53,     line     2,     leave out '5' and insert '3'.

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Mr Stephen Timms

240

Clause     65,     page     57,     line     46,     at end insert '(any reduction made by virtue of subsection (4) being disregarded for the purposes of this subsection).'.

   

Mr Stephen Timms

241

Clause     65,     page     58,     line     10,     at end insert ', or

(c) in Scotland, a registered housing association within the meaning of the Housing Associations Act 1985.'.

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Mr Stephen Timms

242

Clause     67,     page     59,     line     34,     leave out 'the Secretary of State in accordance with any directions given by'.

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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 Stephen Timms

281

Clause     68,     page     60,     line     31,     at end insert 'or'.

   

Mr Stephen Timms

282

Clause     68,     page     60,     leave out lines 33 to 36.

   

Mr Stephen Timms

283

Clause     68,     page     60,     line     37,     leave out from 'areas' to end of line 40 and insert 'or different authorities; and regulations under section 49 may make different provision for different areas.'.

   

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.'.

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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.'

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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;

(c) assignment is a reference to assignation;

(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." '.

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Certain overpayments of benefit not to be recoverable

   

Mr Stephen Timms

NC12

To move the following Clause:—

    '.—(1) An overpayment to which this section applies shall not be recoverable from the payee, whether by the Secretary of State or a local authority, under any provision made by or under Part III of the Administration Act (overpayments and adjustments of benefit).

    (2) This section applies to an overpayment if—

(a) it is in respect of a qualifying benefit;

(b) it is referable to a decision given on a review that there has been an alteration in the relevant person's condition, being a decision to which effect is required to be given as from a date earlier than that on which it was given;

(c) the decision was given before 1st June 1999; and

(d) the overpayment is not excluded by virtue of subsection (6).

    (3) In subsection (2)(b) the reference to a finding on a review that there has been an alteration in the relevant person's condition is a reference to a finding that that person's physical or mental condition either was at the time when the original decision was given, or has subsequently become, different from that on which that decision was based, with the result—

(a) that he did not at that time, or (as the case may be) has subsequently ceased to, meet any of the conditions contained in the following provisions of the Contributions and Benefits Act, namely—

    (i) section 64 (attendance allowance),

    (ii) section 72(1) or (2) (care component of disability living allowance), and

    (iii) section 73(1) or (2) (mobility component of that allowance); or

(b) that he was at that time, or (as the case may be) has subsequently become, capable of work in accordance with regulations made under section 171C(2) of that Act (the all work test).

    (4) For the purposes of this section "qualifying benefit" means—

(a) attendance allowance;

(b) disability living allowance;

(c) any benefit awarded wholly or partly by reason of a person being (or being treated as being)—

    (i) in receipt of a component (at any rate) of disability living allowance or in receipt of attendance allowance, or

    (ii) in receipt of any benefit falling within sub-paragraph (i);

(d) incapacity benefit or any benefit awarded wholly or partly by reason of a person being (or being treated as being) in receipt of incapacity benefit; or

(e) any other benefit awarded wholly or partly by reason of a person being (or being treated as being)—

    (i) incapable of work, or

    (ii) in receipt of any benefit falling within sub-paragraph (i).

    (5) For the purposes of this section—

(a) "review" means a review taking place by virtue of section 25(1)(a) or (b) or section 30(2)(a) or (b) of the Administration Act;

(b) "the relevant person", in relation to a review, means the person to whose entitlement to a qualifying benefit or to whose incapacity for work the review related; and

(c) "the original decision", in relation to a review, means the decision as to any such entitlement or incapacity to which the review related.

    (6) An overpayment is excluded by virtue of this subsection if (before or after the passing of this Act)—

(a) the payee has agreed to pay a penalty in respect of the overpayment under section 115A of the Administration Act, or

(b) the payee has been convicted of any offence (under section 111A or 112(1) or (1A) of that Act or otherwise) in connection with the overpayment, or

(c) proceedings have been instituted against the payee for such an offence and the proceedings have not been determined or abandoned.

    (7) Nothing in this section applies to an overpayment to the extent that it was recovered from the payee (by any means) before 26th February 1999.

    (8) In this section—

"benefit" includes any amount included in—

    (a) the applicable amount in relation to an income-related benefit (as defined by section 135(1) of the Contributions and Benefits Act), or

    (b) the applicable amount in relation to a jobseeker's allowance (as defined by section 4(5) of the Jobseekers Act 1995);

"income-related benefit" has the meaning given by section 123(1) of the Contributions and Benefits Act;

"overpayment" means an amount of benefit paid in excess of entitlement;

"the payee", in relation to an overpayment, means the person to whom that amount was paid.'.

Prepared 13 Apr 1999