Amendments proposed to the Child Support, Pensions and Social Security Bill - continued House of Commons

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Calculation

   

Mr Jeff Rooker
Angela Eagle
Mr Richard Burden
Mr Kevin Hughes

NC26

To move the following Clause:—

    ' .—(1) In section 45 of the Social Security Contributions and Benefits Act 1992 (calculation of additional pension in a Category A retirement pension), in subsection (2)—

      (a) after "shall be" there shall be inserted "the sum of the following";

      (b) in paragraph (b), after "after 1987-88" there shall be inserted "but before the first appointed year"; and

      (c) after that paragraph there shall be inserted "; and

            (c) in relation to any tax years falling within subsection (3A) below, the weekly equivalent of the amount calculated in accordance with Schedule 4A to this Act."

    (2) In that section the following subsection shall be inserted after subsection (3)—

            "(3A) The following tax years fall within this subsection—

            (a) the first appointed year;

            (b) subsequent tax years."

    (3) After Schedule 4 to that Act there shall be inserted the Schedule set out in Schedule (Additional pension) to this Act.'.


Revaluation of earnings factors

   

Mr Jeff Rooker
Angela Eagle
Mr Richard Burden
Mr Kevin Hughes

NC27

To move the following Clause:—

    '. In section 148(2) of the Social Security Administration Act 1992 (revaluation of earnings factors), for the words from "place" to the end there shall be substituted "place—

            (a) since the end of the period taken into account for the last review under this section, or

            (b) since such other date (whether earlier or later) as he may determine;

            and for the purposes of any such review the Secretary of State shall estimate the general level of earnings in such manner as he thinks fit."'.


Rebates

   

Mr Jeff Rooker
Angela Eagle
Mr Richard Burden
Mr Kevin Hughes

NC28

To move the following Clause:—

    '. In each of sections 42(1)(a)(ii), 42B(1)(a) and 45A(1)(a) of the Pension Schemes Act 1993 (reports by Government Actuary on cost of providing benefits equivalent to benefits which, under section 48A of that Act, are foregone) for "which, under section 48A," there shall be substituted "(or parts of benefits) which".'.


Prohibition on different rules for overseas residents etc.

   

Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
Mr Richard Burden

NC29

To move the following Clause:—

    '. After section 66 of the Pensions Act 1995 there shall be inserted—

"Treatment of overseas residents etc.

Prohibition on different rules for overseas residents etc.66A.—(1) This section applies where an occupational pension scheme contains provisions contravening subsection (2) or (3).

    (2) Provisions of an occupational pension scheme contravene this subsection to the extent that they would (apart from this section) have an effect with respect to—

      (a) the entitlement of any person to benefits under the scheme, or

      (b) the payment to any person of benefits under the scheme,

    which would be different according to whether or not a place outside the United Kingdom is specified by that person as the place to which he requires payments of benefits under the scheme to be made to him.

    (3) Provisions of an occupational pension scheme contravene this subsection to the extent that they would (apart from this section) have an effect with respect to—

      (a) the entitlement of any person to remain a member of the scheme,

      (b) the eligibility of any person to remain a person by or in respect of whom contributions are made towards or under the scheme, or

      (c) the making by or in respect of any person who is a member of the scheme of any contributions towards or under the scheme,

    which would be different according to whether that person works wholly in the United Kingdom or wholly or partly outside the United Kingdom.

    (4) Provisions contravening subsection (2) shall have effect, in relation to all times on or after the day of the passing of the Child Support, Pensions and Social Security Act 2000, as if they made the same provision in relation to a person who requires payments of benefits to be made to a place outside the United Kingdom as they make in relation to a person in whose case all payments of benefits fall to be made to a place in the United Kingdom.

    (5) Provisions contravening subsection (3) shall have effect, in relation to all times on or after the day of the passing of the Child Support, Pensions and Social Security Act 2000, as if they made the same provision in relation to persons working wholly or partly outside the United Kingdom as they make in relation to persons working wholly in the United Kingdom.

    (6) This section—

      (a) shall be without prejudice to any enactment under which any amount is to be or may be deducted, or treated as deducted, from amounts payable by way of benefits under the scheme or treated as so payable; and

      (b) shall not apply in relation to so much of any provision of a scheme as is required for securing compliance with the conditions of any approval, exemption or relief given or available under the Tax Acts.".'.


Child benefit disregards

   

Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
Mr Richard Burden

NC30

To move the following Clause:—

    '. In section 143(3)(c) of the Social Security Contributions and Benefits Act 1992 (disregard of days of absence in the case of children in residential accommodation in pursuance of arrangements made under the specified enactments), for sub-paragraph (iii) and the word "or" immediately preceding it there shall be substituted—

                "(iii) the Social Work (Scotland) Act 1968;

                (iv) the National Health Service (Scotland) Act 1978;

                (v) the Education (Scotland) Act 1980;

                (vi) the Mental Health (Scotland) Act 1984; or

                (vii) the Children (Scotland) Act 1995.'.


Housing benefit and council tax benefit: revisions and appeals

   

Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
Mr Richard Burden

NC31

To move the following Clause:—

    '. Schedule (Housing benefit and council tax benefit: revisions and appeals) (which makes provision for the revision of decisions made in connection with claims for housing benefit or council tax benefit and for appeals against such decisions) shall have effect.'.


Discretionary financial assistance with housing

   

Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
Mr Richard Burden

NC32

To move the following Clause:—

    '.—(1) The Secretary of State may by regulations make provision conferring a power on relevant authorities to make payments by way of financial assistance ("discretionary housing payments") to persons who—

      (a) are entitled to housing benefit or council tax benefit, or to both; and

      (b) appear to such an authority to require some further financial assistance (in addition to the benefit or benefits to which they are entitled) in order to meet housing costs.

    (2) Regulations under this section may include any of the following—

      (a) provision prescribing the circumstances in which discretionary housing payments may be made under the regulations;

      (b) provision conferring (subject to any provision made by virtue of paragraph (c) or (d) of this subsection or an order under section (Grants towards cost of discretionary housing payments)) a discretion on a relevant authority—

          (i) as to whether or not to make discretionary housing payments in a particular case; and

          (i) as to the amount of the payments and the period for or in respect of which they are made;

      (c) provision imposing a limit on the amount of the discretionary housing payment that may be made in any particular case;

      (d) provision restricting the period for or in respect of which discretionary housing payments may be made;

      (e) provision about the form and manner in which claims for discretionary housing payments are to be made and about the procedure to be followed by relevant authorities in dealing with and disposing of such claims;

      (f) provision imposing conditions on persons claiming or receiving discretionary housing payments requiring them to provide a relevant authority with such information as may be prescribed;

      (g) provision entitling a relevant authority that are making or have made a discretionary housing payment, in such circumstances as may be prescribed, to cancel the making of further such payments or to recover a payment already made;

      (h) provision requiring or authorising a relevant authority to review decisions made by the authority with respect to the making, cancellation or recovery of discretionary housing payments.

    (3) Regulations under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

    (4) Subsections (4) to (6) of section 189 of the Social Security Administration Act 1992 (supplemental and incidental powers etc.) shall apply in relation to any power to make regulations under this section as they apply in relation to the powers to make regulations that are conferred by that Act.

    (5) Any power to make regulations under this section shall include power to make different provision for different areas or different relevant authorities.

    (6) In section 176(1) of that Act (consultation with representative organisation on subordinate legislation relating to housing benefit or council tax benefit), after paragraph (a) there shall be inserted—

            "(aa) regulations under section (Discretionary financial assistance with housing) of the Child Support, Pensions and Social Security Act 2000;".

    (7) In this section—

      "prescribed" means prescribed by or determined in accordance with regulations made by the Secretary of State; and

      "relevant authority" means an authority administering housing benefit or council tax benefit.'.

 
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Prepared 7 Mar 2000