Amendment Paper as at
Monday 3rd April 2000
CONSIDERATION OF BILL
CHILD SUPPORT, PENSIONS AND SOCIAL SECURITY BILL, AS AMENDED
NOTE
The Amendments have been arranged in accordance with the Order of the House [29th March], as follows:
New Clauses relating to Part I, amendments relating to Clause 1, Schedule 1, Clauses 2 to 6, Schedule 2, Clauses 7 to 15, Clauses 75 and 76, Schedule 8, Clauses 16 to 26, Schedule 3, Clauses 27 to 29, New Clauses relating to Part III, amendments relating to Clauses 57 to 62, Schedule 6, Clause 63, Schedule 7, Clauses 64 to 68, New Clauses relating to Part IV, amendments relating to Clauses 69 to 74, New Clauses relating to Chapter I of Part II, amendments relating to Clauses 30 and 31, Schedule 4, Clauses 32 to 39, New Clauses relating to Chapter II of Part II, amendments relating to Clauses 40 to 51, Schedule 5, New Clauses relating to Chapter III of Part II, amendments relating to Clauses 52 to 56, Remaining New Clauses, amendments relating to Clauses 77 and 78, Schedule 9, Clauses 79 and 80, New Schedules.
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.'.
Mr David Willetts
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
62
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
63
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
Preservation of rights in respect of additional pensions
Mr Secretary Darling
NC38
To move the following Clause:—
'.—(1) In the provisions of the Social Security Contributions and Benefits Act 1992 that are set out in subsection (2) (provisions relating to additional pensions for surviving spouses)—
(a) the references to 5th April 2000 (wherever occurring) shall have effect, and be deemed always to have had effect, as references to 5th October 2002; and
(b) the references to 6th April 2000 (wherever occurring) shall have effect, and be deemed always to have had effect, as references to 6th October 2002.
(2) Those provisions are—
(a) sections 39(3) and 39C(4)(widowed mother's allowance and widowed parent's allowance);
(b) sections 48BB(7), 48C(3) and 51(3) (Category B retirement pensions); and
(c) paragraphs 4(3), 5A(2) and (3) and 6(3) and (4) of Schedule 5 (deferred pensions).
(3) For section 52(3) of the Welfare Reform and Pensions Act 1999 (power to substitute a later year for references to year 2000 in prescribed provisions of the Social Security Contributions and Benefits Act 1992) there shall be substituted—
"(3) The regulations may amend (or further amend) any prescribed provision set out in section (Preservation of rights in respect of additional pensions)(2) of the Child Support, Pensions and Social Security Act 2000 (which sets out provisions falling within subsection (2) of this section) so as to substitute a reference to a later date for—
(a) any reference in that provision to 5th October 2002 or 6th October 2002; or
(b) any reference to a date inserted in that provision by a substitution made by virtue of this subsection."
(4) After section 52(4) of that Act of 1999 there shall be inserted—
"(4A) The regulations may provide, for the purposes of any provision made by virtue of subsection (4), for a case in which a person who, as a consequence of receiving incorrect or incomplete information, did not give any consideration to—
(a) the taking of a step which is a step he might have taken had he considered the matter on the basis of correct and complete information, or
(b) refraining from taking a step which is a step he did take but might have refrained from taking had he considered the matter on that basis,
to be treated as a case in which his failure to take the step, or his taking of the step he did take, was in reliance on the incorrect or incomplete information and as a case in which that step is one which he would have taken, or (as the case may be) would not have taken, had the information been correct and complete."
(5) In section 52(6) of that Act of 1999 (supplemental provisions of regulations relating to the scheme), after paragraph (e) there shall be inserted—
"(ea) prescribing the matters that may be relied on, and the presumptions that may be made, in the determination of whether or not the prescribed conditions have been satisfied;".'.
Calculation of Category B retirement pension
Mr Secretary Darling
NC33
To move the following Clause:—
' .—(1) In section 46 of the Social Security Contributions and Benefits Act 1992 (modifications of section 45 for calculating the additional pension in certain benefits), after subsection (2) there shall be inserted—
(2) In section 48BB of that Act (Category B retirement pension: entitlement by reference to benefits under section 39A or 39B) in subsection (5) for "section 46(2)" there shall be substituted "section 46(3)".
(3) In paragraph 5 of Schedule 8 to the Welfare Reform and Pensions Act 1999 (welfare benefits: minor and consequential amendments), sub-paragraph (b), and the word "and" immediately preceding it, shall be omitted.'.
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.".'.
