Amendments proposed to the Welfare Reform and Pensions Bill - continued	House of Commons
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Phasing in the cut in additional pension payments to widows

   

Mr David Rendel

Mr Mark Oaten

NC11

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 virtue of the following provisions—

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

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

(c) section 13 (rate of widowed mother's allowance and widow's pension); and

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

    shall be nine tenths of the amount so calculated if the deceased spouse died after 5th April 2000, and shall continue to decrease by one tenth of the amount so calculated each year only until 5th April 2004 after which the amount paid shall be one-half of the original amount so calculated."

    (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 2000, 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) nine tenths of the increase in the additional pension, and shall continue to decrease by one tenth of the amount so calculated each year only until 2004 when the amount paid shall be one-half of the original 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 2000, sub-paragraph (1) shall have effect in relation to his widow as if for the words 'the following amounts—

    (i) nine tenths of the appropriate amount and shall continue to decrease by one tenth of the amount so calculated each year only until 2004 when the amount paid shall be one-half of the original approriate amount after it has been reduced by the amount of any increases under section 37A of this Act; and

    (ii) nine tenths of any increase and shall continue to decrease by one tenth of the amount so calculated each year only until 2004 when the amount paid shall be one-half of any increase to which he had been originally 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 2000, 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 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 2000, the words 'an amount equal to the sum of—

    (i) nine tenths of that increase and shall continue to decrease by one tenth of that increase each year only until 2004 when the amount paid shall be one-half of that original increase so far as attributable to employment before 6th April 1988:

    (ii) nine tenths of the appropriate amount after it has been reduced by the amount of any increases under section 37A of this Act and shall continue to decrease by one tenth of the original appropriate amount each year only until 2004 when the amount paid shall be one-half of the original appropriate amount after it has been reduced by the amount of any increases under section 37A of this Act: and

    (iii) nine tenths of any increase to which she had been entitled under this paragraph, and shall continue to decrease by one tenth of the original amount each year only until 2004 when the amount paid shall be one-half of any increase to which she had been originally entitled under this paragraph'.".'.

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Mr Stephen Timms

132

Schedule     8,     page     91,     line     16,     at end insert—

'Income and Corporation Taxes Act 1988 (c.1)

     1ZA.—(1) Section 617 of the Income and Corporation Taxes Act 1988 (social security benefits and contributions) is amended as follows.

    (2) In subsection (1)(a)—

(a) after "maternity allowance," insert "bereavement payments,"; and

(b) omit "widow's payments,".

    (3) Omit subsection (6).'.

   

Mr Stephen Timms

133

Schedule     8,     page     94,     line     17,     at end insert—

'Pensions Act 1995

    17A.—(1) Section 128 of the Pensions Act 1995 (additional pension: calculation of surpluses) is amended as follows.

    (2) In subsection (4), after "subsections (5)" insert ", (5A)".

    (3) After subsection (5) insert—

    "(5A) This section has effect in the case of additional pension falling to be calculated under sections 44 and 45 of the Social Security Contributions and Benefits Act 1992 by virtue of section 39C(1) of that Act (widowed parent's allowance), including Category B retirement pension payable under section 48BB(2), if the pensioner's spouse—
(a) dies after 5th April 2000, and
(b) has not attained pensionable age on or before that date."

    (4) In subsection (6), for "or 48B(2)" substitute ", 48B(2) or 48BB(5)".'.

   

Mr Stephen Timms

243

Schedule     8,     page     95,     line     15,     at end insert—

'Part IIIA

Income support

Social Security Contributions and Benefits Act 1992 (c.4)

    25A. In section 124(1)(f) of the Contributions and Benefits Act (entitlement to income support conditional on clamaint and any partner not being entitled to an income-based jobseeker's allowance), after "the other member of the couple is not" insert ", and the couple are not,".'.

   

Mr Stephen Timms

286

Schedule     8,     page     95,     line     19,     at end insert—

    '( ) In section 17(1) (reduction of allowance payable to young persons), for "payable to" substitute "payable in respect of".'.

   

Mr Stephen Timms

287

Schedule     8,     page     95,     line     21,     leave out 'the case' and insert 'respect'.

   

Mr Stephen Timms

284

Schedule     8,     page     95,     leave out lines 23 to 25.

   

Mr Stephen Timms

288

Schedule     8,     page     95,     line     28,     leave out 'the case' and insert 'respect'.

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Mr Stephen Timms

261

Clause     69,     page     61,     line     1,     leave out subsection (1) and insert—

    '(1) The consequential amendments specified in Schedule 9 shall have effect.'.

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Mr Stephen Timms

229

Schedule     9,     page     97,     line     6,     leave out from 'in relation to' to end of line 8 and insert 'the rights of a person under a pension arrangement if there is in force an order under section 12A(2) or (3) of this Act which relates to benefits or future benefits to which he is entitled under the pension arrangement.'.

   

Mr Stephen Timms

124

Schedule     9,     page     98,     line     7,     leave out 'and'.

   

Mr Stephen Timms

125

Schedule     9,     page     98,     line     8,     at end insert 'and

(c) in paragraph (b), for "have" there is substituted "has".'.

   

Mr Stephen Timms

230

Schedule     9,     page     98,     line     17,     at end insert—

    '10A. In section 13(2)(b), after "property" there is inserted ", or a pension sharing order,".'.

   

Mr Stephen Timms

126

Schedule     9,     page     99,     line     17,     leave out from '1992' to 'and' in line 19 and insert 'or under corresponding Northern Ireland legislation;'.

   

Mr Stephen Timms

127

Schedule     9,     page     99,     line     26,     at end insert—

' "trustees or managers" in relation to an occupational pension scheme or a personal pension scheme means—
    (a) in the case of a scheme established under a trust, the trustees of the scheme; and
    (b) in any other case, the managers of the scheme;".'.

   

Mr David Rendel
Mr Mark Oaten

209

Schedule     9,     page     99,     line     37,     at end insert—

    '15A. In section 37(4), the words from "Act" to the end are omitted.

    15B. In section 38(3), the words from "allowance" to the end are omitted.'.

   

Mr Stephen Timms

262

Schedule     9,     page     105,     line     9,     at end insert—

'Income and Corporation Taxes Act 1988 (c.1)

    62. In section 617(2) of the Income and Corporation Taxes Act 1988 (social security benefits and contributions), after paragraph (ae) insert—

"(af) payments made under regulations under section 65 of the Welfare Reform and Pensions Act 1999 or under any corresponding enactment having effect with respect to Northern Ireland;'.

Prepared 13 Apr 1999