Vote Bundle Text (990422-03)

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

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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".'.

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)

(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—

(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'.".'.