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

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Use of rebates and extra monies

   

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

NC19

To move the following Clause:—

    '.—( ) Where rebates or extra monies are payable they shall be applied as follows—

      (a) rebates shall be paid into Contracted Out Money Purchase Schemes; and

      (b) extra monies shall be applied to Contracted Out Salary Related Schemes.'.


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.'.


   

Lynne Jones
Audrey Wise
Mr Jim Cousins
Sir Raymond Powell
Dr Norman A. Godman
Mr Austin Mitchell
Mr Kevin MacnamaraMr Gordon PrenticePaul Flynn
Mr Michael ClaphamMr Llew SmithDr Ian Gibson
Alice MahonMr Tony BennMr John McDonnell
Ms Diane AbbottMr Alan SimpsonMr Robert N. Wareing
Mr Dennis Skinner

67

Page     26     [Clause     30],     leave out lines 30 and 31.

   

Steve Webb
Mr Paul Burstow
Mr Andrew George

12

Page     26,     line     33     [Clause     30],     at end insert—

      'and, for the purposes of calculating the pensioner's earnings factor under this subsection, in addition to any earnings, the pensioner will be credited with earnings equal to the lower earnings limit then in force in respect of each week in which invalid care allowance was payable or would have been payable but for the fact that under regulations the amount payable to him was reduced to nil because of his receipt of other benefits.'.

   

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

65

Page     26,     line     46     [Clause     30],     leave out 'six' and insert 'twelve'.

   

Lynne Jones
Audrey Wise
Mr Jim Cousins
Sir Raymond Powell
Dr Norman A. Godman
Mr Austin Mitchell
Mr Kevin MacnamaraMr Gordon PrenticePaul Flynn
Mr Michael ClaphamMr Llew SmithDr Ian Gibson
Alice MahonMr Tony BennMr John McDonnell
Ms Diane AbbottMr Alan SimpsonMr Robert N. Wareing
Mr Dennis Skinner

68

Page     26,     line     46     [Clause     30],     leave out 'six' and insert 'eleven'.


   

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

64

Page     27,     line     33     [Clause     30],     at end insert—

    '(4A) an employee who is of pensionable age within subsections (2), (3) or (4) above shall be entitled—

      (a) to have secondary contributions paid by an employer on his salary which shall contribute to his pension entitlement; and

      (b) to make primary contributions which shall accrue towards the state second pension.'.


   

Mr Secretary Darling

34

Page     93,     line     23     [Schedule     4],     leave out ', 48B(2) or 48BB(5)' and insert 'or 48B(2)'.

   

Mr Secretary Darling

35

Page     93,     line     35     [Schedule     4],     at end insert—

    '(4A) For the purpose of applying sub-paragraph (1) above in the determination of the rate of any additional pension by virtue of section 48BB(5) above, in a case where the deceased spouse died under pensionable age, the divisor used for the purposes of sub-paragraph (1)(c) above shall be whichever is the smaller of the alternative numbers referred to below (instead of the number of relevant years).

    (4B) The first alternative number is the number of tax years which begin after 5th April 1978 and end before the date when the deceased spouse dies.

    (4C) The second alternative number is the number of tax years in the period—

      (a) beginning with the tax year in which the deceased spouse attained the age of 16 or, if later, 1978-79; and

      (b) ending immediately before the tax year in which the deceased spouse would have attained pensionable age if he had not died earlier.'.


   

Lynne Jones
Audrey Wise
Mr Jim Cousins
Sir Raymond Powell
Dr Norman A. Godman
Mr Austin Mitchell
Mr Kevin MacnamaraMr Gordon PrenticePaul Flynn
Mr Michael ClaphamMr Llew SmithDr Ian Gibson
Alice MahonMr Tony BennMr John McDonnell
Ms Diane AbbottMr Alan SimpsonMr Robert N. Wareing
Mr Dennis SkinnerMr Kelvin Hopkins

69

Page     94     [Schedule     4],     leave out lines 23 to 27.

   

Steve Webb
Mr Paul Burstow
Mr Andrew George

6

Page     94,     line     38     [Schedule     4],     at end insert—

    '(9) If the application of the above percentages should produce an entitlement to additional pension such that a person entitled to a full basic pension and a full additional pension on reaching pensionable age would be expected to have recourse to Income Support within 15 years of pensionable age, there shall be inserted instead of '40' in Table 1 and Table 2 the lowest such percentage as would be required to ensure that he did not become entitled to Income Support within 15 years of reaching pensionable age.'.


   

Mr Secretary Darling

28

Page     30,     line     3     [Clause     33],     leave out ', under section 48A of that Act,'.

   

Mr Secretary Darling

29

Page     30,     line     5     [Clause     33],     at end insert ', in accordance with section 48A below and Schedule 4A to the Social Security Contributions and Benefits Act 1992,"'.


   

Mr Secretary Darling

30

Page     31,     line     25     [Clause     36],     leave out 'Pension Schemes Act 1993' and insert '1993 Act'.

   

Mr Secretary Darling

31

Page     31,     line     26     [Clause     36],     leave out 'Social Security Contributions and Benefits Act 1992' and insert '1992 Act'.

   

Mr Secretary Darling

32

Page     31,     line     30     [Clause     36],     leave out subsection (2) and insert—

    '(2) Subsection (1) shall have effect—

      (a) in relation to the application of section 44(5A) of the 1992 Act by virtue of sections 39C(1) and 48BB(5) of that Act;

      (b) in relation to the application of section 44(5A) of the 1992 Act in the circumstances described in section 128(4) to (6) of the 1995 Act.

    (3) In relation to the period—

      (a) beginning with 6th April 2000, and

      (b) ending with the day before the first regulations under section 48A(5) of the 1993 Act (as amended by subsection (1) above) come into force,

    the Secretary of State shall be taken to have, and to have had, power to calculate and pay relevant pensions by reference to section 44(5) of the 1992 Act as modified by regulations under section 48A(5) of the 1993 Act.

    (4) For the purposes of applying subsection (3) above—

      (a) the substitution made by section 128(1) of the 1995 Act shall be ignored, and

      (b) references in enactments to section 44(5A) of the 1992 Act shall (so far as necessary) be treated as references to section 44(5).

    (5) The first regulations under section 48A(5) of the 1993 Act (as amended by subsection (1) above) may include provision in relation to—

      (a) revising the calculation of a relevant pension;

      (b) paying a relevant pension in accordance with a revised calculation.

    (6) Relevant pensions are pensions which fall to be calculated—

      (a) in the circumstances described in section 128(4) to (6) of the 1995 Act, and

      (b) in relation to persons where, by virtue of section 48A(1) of the 1993 Act, section 44(6) of the 1992 Act has effect in any tax year as mentioned in section 48A(1) of the 1993 Act in relation to some but not all of a person's earnings.

    (7) For the purposes of this section—

      (a) the 1992 Act is the Social Security Contributions and Benefits Act 1992;

      (b) the 1993 Act is the Pension Schemes Act 1993;

      (c) the 1995 Act is the Pensions Act 1995.'.

   

Steve Webb
Mr Paul Burstow
Mr Andrew George

11

Page     31,     line     41     [Clause     37],     leave out from 'he' to end of line 43 and insert 'provides information regarding caring activity within a specified time which will be no less than six years following the year in which the qualifying caring activity took place.'.


NEW CLAUSES RELATING TO CHAPTER II 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." '.

 
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Prepared 27 Mar 2000