Vote Bundle Text (900322-03)

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

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Mr Secretary Darling

Page 90, line 38 [Schedule 3], leave out from beginning to end of line 40 and insert ', after "any application" there shall be inserted "made or treated as made".'.

Mr Secretary Darling

Page 92, line 35 [Schedule 3], at end insert—

'The Social Security Administration Act 1992 (c.5)

. In section 7A of the Social Security Administration Act 1992 (sharing of functions as regards certain claims and information), in subsection (6)(a)—

(a) after "application" there shall be inserted "(or an application treated as having been made)"; and

(b) for "maintenance assessment" there shall be substituted "maintenance calculation".'.

Mr Secretary Darling

Page 92, line 40 [Schedule 3], at end insert—

'(3) Section 24 (which provides for the making of regulations under which compensation could be paid for a reduction in child support maintenance attributable to changes in child support legislation, and which is now spent) shall cease to have effect.

Prisoners' Earnings Act 1996 (c.33)

. In section 1 of the Prisoners' Earnings Act 1996 (power to make deductions and impose levies), in subsection (4), in paragraph (d) of the definition of "net weekly earnings", for "maintenance assessment" there shall be substituted "maintenance calculation".'.

NEW CLAUSES RELATING TO CHAPTER I OF PART II

Restriction on index-linking where annuity tied to investments

Mr Secretary Darling

NC25

To move the following Clause:—

'.—(1) In section 51(2) of the Pensions Act 1995 (annual increases in rate of pension) for "Subject to section 52" there shall be substituted "Subject to sections 51A and 52".

(2) After section 51 of that Act there shall be inserted—

"Restriction on increase where annuity tied to investments. 51A.—(1) No increase under section 51 is required to be made, at any time on or after the relevant date, of so much of any pension under a money purchase scheme as—

(a) is payable by way of an annuity the amount of which for any year after the first year of payment is determined (whether under the terms of the scheme or under the terms of the annuity contract in pursuance of which it is payable) by reference to fluctuations in the value of, or the return from, particular investments;
(b) does not represent benefits payable in respect of the protected rights of any member of the scheme; and

(c) satisfies such other conditions (if any) as may be prescribed.
(2) For the purposes of this section it shall be immaterial whether the annuity in question is payable out of the funds of the scheme in question or under an annuity contract entered into for the purposes of the scheme.
(3) In this section 'the relevant date' means the date appointed for the coming into force of section (Restriction on index-linking where annuity tied to investments) of the Child Support, Pensions and Social Security Act 2000." '.

Widows'/widowers' SERPS entitlements

Steve Webb
Mr Paul Burstow
Mr Andrew George

NC7

To move the following Clause:—

'In section 52 of the Welfare Reform and Pensions Act, subsections (1) and (2) shall be left out, and there shall be inserted—

"(1) The Secretary of State may by regulations make such provision as is authorised by subsection (2) and one or more of subsections (3) to (4),

(2) The regulations may provide for any prescribed provision of Part II of the Contributions and Benefits Act (contributory benefits) which relates to additional pension for widows or widowers to have effect, in relation to persons of any prescribed description (which shall include at least all those who had reached pensionable age on or before 5th April 2000), with such modifications as may be prescribed for securing—

(a) that any such additional pension, or

(b) in the case of any provision of Schedule 5 to that Act (increase of pension where entitlement is deferred), that any constituent element of an increase provided for by that Schedule,

is increased by such percentage as may be prescribed (which may be 100 per cent, and which shall be 100 per cent for any person who had reached pensionable age on or before 5th April 2000).".'.

Age additions

Steve Webb
Mr Paul Burstow
Mr Andrew George

NC8

To move the following Clause:—

'For section 79 of the Social Security Contributions and Benefits Act 1992 there shall be substituted—

"79.—(1) A person who is above the specified age and who is entitled to a retirement pension of any category shall be entitled to an increase of the pension, to be known as 'age addition'.

(2) Where a person is in receipt of a pension or allowance payable by the Secretary of State by virtue of any enactment or instrument (whether passed or made before or after this Act) and—

(a) he is above the specified age; and

(b) he fulfils such other conditions as may be prescribed,

he shall be entitled to an increase of that pension or allowance, also known as age addition.

(3) In this section 'specified age' means an age specified by the Secretary of State in regulations.

(4) Age addition shall be payable for the life of the person entitled, at weekly rates to be determined by the Secretary of State in regulations.

(5) Regulations under this section may—

(a) specify one or more specified ages at which age addition shall be payable;

(b) provide for different rates of age addition to be payable for persons of different specified ages.".'.

Rate of introduction of state second pension

Steve Webb
Mr Paul Burstow
Mr Andrew George

NC10

To move the following Clause:—

'.—(1) In this section—

a "SERPS year" is any financial year from 1978-79 to the year before the first appointed year; and

a "State Second Pension year" is any financial year from the first appointed year onwards.

(2) This section shall apply to any person reaching pensionable age after the end of the first appointed year.

(3) In each State Second Pension year in which a person accrues state second pension entitlement, that person may elect to accrue an additional year's entitlement in respect of that year in substitution for their additional pension entitlement in respect of one SERPS year.

(4) Such substitution may only take place in respect of SERPS years in which that person either paid National Insurance Contributions or was entitled to credits in lieu of National Insurance Contributions.

(5) The Benefits Agency shall be required to notify any person to whom this section applies of their rights, and shall explain how those rights may be exercised to produce the maximum total entitlement to additional pension.'.

Enhancement of the state personal pension

Mr David Willetts
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride

NC14

To move the following Clause:—

'.—(1) A Person shall be entitled to one extra year's accrual of State Second Pension—

(a) for every four years in which that person paid National Insurance Contributions; or

(b) for every four years in which that person was eligible for Home Responsibilities Protection.

(2) The accrual to which a person is entitled under subsection (1) above shall be at the Stage 2 flat rate of the State Second Pension.'.

Publicity and the state second pension

Mr David Willetts
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride

NC17

To move the following Clause:—

'.—(1) The provisions of Part II of the Act shall not come into force until such time as the Secretary of State shall have published in the London Gazette a statement containing estimates prepared by the Government Actuary's Department detailing the numbers of persons for whom—

(a) the State Second Pension; or

(b) the stakeholder or any other private pension scheme

is likely to be suitable.

(2) The statement under subsection (1) above shall be made immediately upon the introduction of Stage 1 of the State Second Pension.

(3) The Secretary of State shall, by regulations laid before Parliament on the day this Act receives Royal Assent, provide for the monitoring of stakeholder pensions by the Financial Services Authority and the Government Actuary's Department.

(4) The Secretary of State shall, before authorising a move to Stage 2 of the State Second Pension, consult with:

(a) the Financial Services Authority;

(b) the Government Actuary's Department; and

regarding the financial and any other implications of the implementation of Stage 2.

(5) The Secretary of State shall, by regulations, set down the manner in which those representatives cited in subsection (4)(c) above shall be selected; and the regulations shall have effect from the day on which this Act receives Royal Assent.

(6) The Secretary of State shall lay before Parliament a report of the consultation carried out under subsection (4) above, including but not limited to—

(a) the opinions of consultees on the existing degree of uptake of the State Second Pension;

(b) the opinions of consultees on the likely future degree of uptake of the State Second Pension; and