Vote Bundle Text (990413-04)

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

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Sharing of functions as regards claims and information

Mr Stephen Timms

NC13

To move the following Clause:—

'. After section 7 of the Administration Act there shall be inserted—

"Sharing of functions as regards certain claims and information

Sharing of functions as regards certain claims and information.

7A.—(1) Regulations may, for the purpose of supplementing the persons or bodies to whom claims for relevant benefits may be made, make provision—

(i) a Minister of the Crown, or

(ii) a person providing services to a Minister of the Crown;

(b) as regards any other relevant benefit, for claims for that benefit to be made to—

(i) a local authority,

(ii) a person providing services to a local authority, or

(iii) a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit.

(2) Regulations may make provision for or in connection with—

(a) the forwarding by a relevant authority of—

(i) claims received by virtue of any provision authorised by subsection (1) above, and

(ii) information or evidence supplied in connection with making such claims (whether supplied by persons making the claims or by other persons);

(b) the receiving and forwarding by a relevant authority of information or evidence relating to social security matters supplied by, or the obtaining by a relevant authority of such information or evidence from—

(i) persons making, or who have made, claims for a relevant benefit, or

(ii) other persons in connection with such claims,

including information or evidence not relating to the claims or benefit in question;

(c) the recording by a relevant authority of information or evidence relating to social security matters supplied to, or obtained by, the authority and the holding by the authority of such information or evidence (whether as supplied or obtained or as recorded);

(d) the giving of information or advice with respect to social security matters by a relevant authority to persons making, or who have made, claims for a relevant benefit.

(3) In paragraphs (b) and (d) of subsection (2) above—

(a) references to claims for a relevant benefit are to such claims whether made as mentioned in subsection (1)(a) or (b) above or not; and

(b) references to persons who have made such claims include persons to whom awards of benefit have been made on the claims.

(4) In this section—

(a) "benefit" includes child support or a war pension (any reference to a claim being read, in relation to child support, as a reference to an application under section 4 of the Child Support Act 1991);

(b) "local authority" means an authority administering housing benefit or council tax benefit;

(i) a Minister of the Crown,

(ii) a person providing services to a Minister of the Crown,

(iii) a local authority,

(iv) a person providing services to a local authority, or

(v) a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit;

(d) "relevant benefit" means housing benefit, council tax benefit or any other benefit prescribed for the purposes of this section;

(e) "social security matters" means matters relating to social security, child support or war pensions;

and in this subsection "war pension" means a war pension within the meaning of section 25 of the Social Security Act 1989 (establishment and functions of war pensions committees)."'.

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.".'.

Tax deductible pension provisions

Mr Iain Duncan Smith
Mr Quentin Davies
Mr Eric Pickles
Mrs Jacqui Lait

NC8

To move the following Clause:—

'The Inland Revenue notes in relation to pensions shall be applied in such a way that no amount lost to a person's pension assets by means of a pension sharing arrangement or order shall be taken into account in such a way as to limit his entitlement to make tax deductible pension provisions in the future.'.

Reinstating full SERPS entitlement for widows who become bereaved after 5th April 2000.

Mr David Rendel
Mr Mark Oaten.

NC9

To move the following Clause:—

'(1) The Social Security Act 1986 shall be amended as follows.

(2) Section 19 (Additional pensions supplementary) shall be deleted.'.

Delaying the halving of additional pension entitlement by 10 years

Mr David Rendel

Mr Mark Oaten

NC10

To move the following Clause:—

'(1) The Social Security Act 1986 shall be amended as follows.

(2) Section 19 (Additional pensions supplementary) shall be replaced with

"—(1) The additional pension falling to be calculated under section 6 of the Social Security Pensions Act 1975 by vitue of the following provisions—

(a) section 7 (rate of widow's Category B retirement pension);

(b) section 8 (Category B retirement pension for widower)

(d) section 16(4) (invalidity pension for widowers),

shall be one half of the amount so calculated if the deceased spouse died after 5th April 2010.

(2) In paragraph 4 of Schedule 1 to that Act—

(a) the words "Subject to sub-paragraph (2A) below where" shall be substituted for the word "Where" in sub-paragraphs (1) and (2); and

(b) the following sub-paragraph shall be inserted after sub-paragraph (2)—

"(2A) If a married person dies after 5th April 2010, the rate of the retirement pension for that person's widow or widower shall be increased by an amount equivalent to the sum of—

(a) the increase in the basic pension to which the deceased spouse was entitled: and

(b) one-half of the increase in the additional pension."

(3) In sub-paragraph (1) of paragraph 4A of that Schedule after the word "increased" there shall be inserted the words ", subject to sub-paragraph (1A) below,".

(4) The following sub-paragraph shall be inserted after that sub-paragraph—

"(1A) Where the husband dies after 5th April 2010, sub-paragraph (1) shall have effect in relation to his widow as if for the words 'the following amounts—

(i) one-half of the approriate amount after it has been reduced by the amount of any increases under section 37A of this Act; and

(ii) one-half of any increase to which he had been entitled under this paragraph.'."

(5) In sub-paragraph (2), after the word "increased" there shall be inserted the words ", subject to sub-paragraph (2A) below,".

(6) The following sub-paragraph shall be inserted after that sub-paragraph—

"(2A) Where the wife dies after 5th April 1989, sub-paragraph (2) above shall have effect as if for the words from 'an amount', in the first place where those words occur, to the end there were substituted—

(a) if she dies before 6th April 2010, the words "an amount equal to the sum of—

(i) that increase, so far as attributable to employment before 6th April 1988:

(ii) one-half of that increase so far as attributable to employment after 5th April 1988:

(iii) the appropriate amount reduced by the amount of any increases under section 37A of this Act: and

(iv) any increase to which she had been entitled under this paragraph.". and

(b) if she dies after 5th April 2010, the words "an amount equal to the sum of—

(i) one-half of that increase so far as attributable to employment before 6th April 1988:

(ii) one-half of the appropriate amount after it has been reduced by the amount of any increases under section 37A of this Act: and

(iii) one-half of any increase to which she had been entitled under this paragraph".'.