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

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Lynne Jones
Audrey Wise

70

*Page     35,     line     25     [Clause     40],     at end insert—

      '(za) The word "and" shall be omitted and after paragraph (a) there shall be inserted—

          "( ) that in the case of schemes which fall in a prescribed class, that such arrangements for the selection of persons nominated by pensioner members and deferred members of the scheme to be trustees of the scheme as are required by this section are made, and".'.

   

Lynne Jones
Audrey Wise

72

*Page     35,     line     30     [Clause     40],     leave out subsection (3) and insert—

    '(3) In subsection (3) (selected persons to be trustees)—

      (a) in paragraph (a) for "in accordance with the appropriate rules" there shall be substituted "as a member-nominated trustee"; and

      (b) after paragraph (b) there shall be inserted—

          "(c) for member-nominated trustees to be selected only by the members of the scheme or their representatives;

          (d) regulations may prescribe who is a representative for the purpose of paragraph (c).".'.

   

Lynne Jones
Audrey Wise

71

*Page     35,     line     39     [Clause     40],     at end insert—

    '(5A) In paragraph (b) of subsection (6), after the words "total number of trustees" there shall be inserted the words "and in the case of schemes to which paragraph (b) of subsection (1) above applies, at least one additional trustee nominated by the pensioner members and deferred members of the scheme.".'.


   

Lynne Jones
Audrey Wise

73

*Page     36,     line     19     [Clause     40],     leave out 'and'.

   

Lynne Jones
Audrey Wise

74

*Page     36,     line     22     [Clause     40],     at end insert ', and

      (c) unless a proposal is made to which section 18A below applies, and regulations made under section 18A(4) apply as a consequence, the manner in which the trustees are to inform and consult with the members and former members of the scheme about the effect of the arrangements to be made in accordance with this section.'.

   

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

66

*Page     36,     line     22     [Clause     40],     at end insert—

    '(9A)(a) The Secretary of State shall make regulations providing that all trustees shall be required to have attended an approved training course explaining the role and responsibilities of trustees within six months of being either elected as a member-nominated trustee or appointed as a trustee by the scheme's sponsoring employer.

      (b) These regulations shall also prescribe the content of such an approved training course.

      (c) The failure of a trustee to attend such a course within six months of being either elected or appointed as a trustee shall nullify the trustee's election or appointment.'.


   

Lynne Jones
Audrey Wise

75

*Page     37,     line     7     [Clause     40],     at end insert—

    '(5A) In paragraph (b) of subsection (6) for words "at least one third" there shall be substituted "at least one half.".'.


NEW CLAUSES RELATING TO CHAPTER III OF PART II

War widows' pensions—entitlement

   

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

NC21

To move the following Clause:—

    '.—(1) The Secretary of State shall review the operation of this section when—

          (i) a report on the armed forces pension scheme has been laid before Parliament by the Secretary of State for Defence; and

          (ii) the results of any public consultation upon a report as cited in subsection (i) above have been published;

      and a report of any review carried out under this section shall be laid before Parliament.

    (2) Subject to subsection (3), a widow in receipt of a widow's pension under any of the enactments mentioned in subsection (4) ("the DSS pension") and in receipt of a pension paid under the Armed Forces Pension Scheme shall on remarriage or when living together as husband and wife with a member of the opposite sex only retain the Forces Family Pension (attributable).

    (3) Subsection (2) does not apply to a widow in receipt of a basic pension under section 44 of the Social Security Contributions and Benefits Act 1992; and a widow in receipt of such a pension who has remarried or is living together as husband and wife with a member of the opposite sex may not retain the Forces Family Pension (attributable).

    (4) The enactments referred to in subsection (2) are—

      (a) the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983, and any order re-enacting the provisions of that order,

      (b) the Personal Injuries (Civilians) Scheme 1983, and any subsequent scheme made under the Personal Injuries (Emergency Provisions) Act 1939,

      (c) any scheme made under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, or the Polish Resettlement Act 1947 applying the provisions of any such order as is referred to in paragraph (a),

      (d) the order made under section 1(5) of the Ulster Defence Regiment Act 1969 concerning pensions and other grants in respect of disablement or death due to service in the Ulster Defence Regiment.'.


NEW CLAUSES RELATING TO PART III

Extension of invalid care allowance for bereaved carers

   

Steve Webb
Mr Paul Burstow
Mr Andrew George

NC9

To move the following Clause:—

    '.—In section 70 of the Social Security Contributions and Benefits Act 1992, there shall be inserted the following subsection—

    "(10) The Secretary of State shall issue regulations in respect of persons who cease to be in receipt of invalid care allowance as a result of the death of the person in respect of whose care the allowance has been claimed. These regulations shall set the condition for the award to be satisfied for a period of eight weeks from the date on which that person ceased to be in receipt of invalid care allowance.".'.


Date of payment of benefit

   

Steve Webb
Mr Paul Burstow
Mr Andrew George

NC11

To move the following Clause:—

    '.—In section 5(1)(k) of the Social Security Administration Act 1992, at the end, there shall be inserted—

      "except that where the conditions of entitlement are satisfied, a retirement pension shall become payable from a date no later than the date on which the claimant reaches pensionable age.".'.


Effect of parental leave on contributory benefit entitlement

   

Steve Webb
Mr Paul Burstow
Mr Andrew George

NC12

To move the following Clause:—

    '.—(1) In paragraph 2 of Schedule 3 to the Social Security Contributions and Benefits Act 1992 (contribution conditions for short-term incapacity benefit), at the beginning there shall be inserted—

      "Subject to paragraph 2A below".

    (2) After paragraph 2 of Schedule 3 to the Social Security Contributions and Benefits Act 1992, there shall be inserted—

    "(2A) A person shall be taken to satisfy the contribution conditions for short-term incapacity benefit mentioned in sub-paragraph (2) above if, throughout the last two complete tax years before the relevant benefit year, he has been precluded from employment by responsibilities at home.".'.


Abolishing preserved rights to income support

   

Steve Webb
Mr Paul Burstow
Mr Andrew George

NC13

To move the following Clause:—

    'Section 43 of the National Health Service and Community Care Act 1990 shall cease to have effect.'.


Disregard maintenance in calculating entitlement to housing benefit/council tax benefit

   

Steve Webb
Mr Paul Burstow
Mr Andrew George

NC24

To move the following Clause:—

    'The Secretary of State shall by regulations provide that any child support maintenance received by a parent with care shall be disregarded in calculating her (or her partner's) entitlement to housing benefit and council tax benefit.'.


Manner of payment of benefit not restricted to automated credit transfer

   

Steve Webb
Mr Oliver Letwin
Mr Archy Kirkwood

NC26

To move the following Clause:—

    '.—In section 5(1) of the Social Security Administration Act 1992, at the end of paragraph (i) there is inserted ", but the regulations may not require automated credit transfer to be the only manner of paying a benefit.".'.


Conditions for coming into force of Part III

   

Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne

NC29

*To move the following Clause:—

    '48A. The measures in this Part shall not come into force until the Secretary of State shall have procured the publication by the Treasury Solicitor of—

      (a) A statement from the Treasury Solicitor summarising the advice received by the Secretary of State which relied upon by the Secretary of State in support of his statement under section 19(1)(a) of the Human Rights Act 1998; and

      (b) All and any Advice received from Counsel on the subject of whether the provisions of this Part are compatible with the European Convention of Human Rights and, if such advice was given by Counsel otherwise than in writing, any written record of the same.'.

 
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Prepared 22 Mar 2000