Vote Bundle Text (900324-04)

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

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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.'.

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 was 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.'.

Steve Webb
Mr Paul Burstow
Mr Andrew George

Page 59, line 29 [Clause 57], leave out to end of line 15 on page 65.

Mr Secretary Darling

Page 61, line 6 [Clause 57], leave out 'Part I of the Criminal Justice Act 1991' and insert 'the Powers of Criminal Courts (Sentencing) Act 2000'.

Mr Secretary Darling

Page 61, line 14 [Clause 57], at end insert—

'() In relation to any time before the coming into force of the Powers of Criminal Courts (Sentencing) Act 2000, the reference to that Act in subsection (9) shall be taken to be a reference to Part I of the Criminal Justice Act 1991.'.

Mr Secretary Darling

Page 116, line 9 [Schedule 7], leave out paragraph (b).

Mr Secretary Darling

Page 116, line 14 [Schedule 7], leave out 'or (b)'.

Steve Webb
Mr Paul Burstow
Mr Andrew George

Page 116, line 24 [Schedule 7], at end insert—

'2A. 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.'.

Mr Secretary Darling

Page 121, line 1 [Schedule 7], leave out sub-paragraph (2).

Mr Secretary Darling

Page 121, line 46 [Schedule 7], at end insert—

'() In sub-paragraph (2)(d) the reference to a different case—

(a) includes a reference to a case involving a different relevant authority; but

(b) does not include a reference to a case relating to a different benefit unless the different benefit is housing benefit or council tax benefit.'.

Mr Secretary Darling

Page 122, line 37 [Schedule 7], leave out from court' to end of line 39.

Mr Secretary Darling

Page 123, line 20 [Schedule 7], at end insert—

'() In sub-paragraph (1)(b) the reference to another case—

(a) includes a reference to a case involving a decision made, or falling to be made, by a different relevant authority; but

(b) does not include a reference to a case relating to another benefit unless the other benefit is housing benefit or council tax benefit.'.

Mr Secretary Darling

Page 123, line 27 [Schedule 7], leave out from 'court' to end of line 29.

Mr Secretary Darling

Page 124, line 18 [Schedule 7], after 'Commissioner;' insert—

'() the reference in sub-paragraph (1)(b) to a different case—

(i) includes a reference to a case involving a different relevant authority; but

(ii) does not include a reference to a case relating to a different benefit unless the different benefit is housing benefit or council tax benefit;'.

Mr Secretary Darling

Page 126, line 40 [Schedule 7], leave out sub-paragraph (1).

Mr Secretary Darling

Page 126, line 46 [Schedule 7], leave out 'that' and insert 'the Administration'.

Mr Secretary Darling

Page 127, line 41 [Schedule 7], at end insert—

'() For the purposes of this Schedule any decision that is made or falls to be made—

(a) by a person authorised to carry out any function of a relevant authority relating to housing benefit or council tax benefit, or

(b) by a person providing services relating to housing benefit or council tax benefit directly or indirectly to a relevant authority,

shall be treated as a decision of the relevant authority on whose behalf the function is carried out or, as the case may be, to whom those services are provided.'.

Mr Secretary Darling

Page 67, line 16 [Clause 65], after 'discretionary' insert 'housing'.

Mr Secretary Darling

Page 67, line 33 [Clause 65], leave out from '64' to end of line 34.

Steve Webb
Mr Paul Burstow
Mr Andrew George

Page 68, line 5 [Clause 66], at end insert—

'(2) Section 175 of the Social Security Contributions and Benefits Act 1992 shall be amended in accordance with Schedule (Housing Benefit (General) Amendment Regulations 1996).'.

NEW CLAUSES RELATING TO PART IV

Statement on Class 1A contributions

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

NC6

To move the following Clause:—

'.—(1) The provisions of Part IV of this 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 his department or the Treasury of the matters set out in (2).

(2) The matters set out in (1) above are—

(a) The total amount by which measures introduced since 1st May 1997 (whether taxation measures or otherwise) have increased the amount payable by persons who are liable to pay Class 1A contributions in respect of—

(i) amounts payable to central government (whether by reason of taxation or otherwise)

(ii) amounts payable in respect of national insurance

(iii) amounts required to be spent on internal administration in order to comply with measures introduced since 1st May 1997

(b) The total amount by which the measures in Part IV of this Act would, if brought into force, increase the amounts payable by persons who are liable to pay Class 1A contributions in respect of—

(i) the additional Class 1A contributions; and

(ii) amounts required to be spent on internal administration in order to comply with the measures introduced in Part IV of this Act.'.

Minimum income level

Steve Webb
Mr Paul Burstow
Mr Andrew George

NC20

To move the following Clause:—

'.—When determining the level of social security pensions and benefits the Secretary of State shall have regard to the minimum level of income necessary to maintain good health and cover essential needs.'.

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

Mr Desmond Swayne

Page 68, line 37 [Clause 69], at end insert—

'( ) Nothing in this section shall apply to any childcare provision by the employer, which shall be exempt from Class 1A National Insurance contributions.'.

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

Mr Desmond Swayne

Page 68, line 37 [Clause 69], at end insert—

'( ) Nothing in this section shall apply to any healthcare provision by the employer, which shall be exempt from Class 1A National Insurance contributions.'.

NEW CLAUSES RELATING TO CHAPTER I OF PART II

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).".'.