Vote Bundle Text (920111-03)

Amendments proposed to the Tax Credits Bill - continued	House of Commons

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Mr Howard Flight
Mr James Clappison
Mr Peter Luff

Clause 33, page 21, line 40, at end add—

'(3) The Secretary of State shall within one year of this section coming into effect and every year thereafter make a report to Parliament on—

(a)	the extent of fraud in claims for tax credits, and

(b)	the measures he has taken to deal with fraudulent claims for tax credits.'.

Mr Howard Flight
Mr James Clappison
Mr Peter Luff

Clause 34, page 22, line 8, leave out 'serious'.

Steve Webb
Richard Younger-Ross

Clause 35, page 22, line 21, leave out 'or neglect'.

Steve Webb
Richard Younger-Ross

Clause 36, page 23, line 8, leave out 'and'.

Steve Webb
Richard Younger-Ross

Clause 36, page 23, line 9, at end insert 'and—

(e)	any decision under section 27(1) or section 27(2A).'.

Mr Howard Flight
Mr James Clappison
Mr Peter Luff

Clause 37, page 23, line 17, at beginning insert 'Subject to subsection (1A) below'.

Mr Howard Flight
Mr James Clappison
Mr Peter Luff

Clause 37, page 23, line 19, at end insert—

'(1A) The General Commissioners or the Special Commissioners may allow notice of an appeal under section 36 to be given more than thirty days after the date on which notice of the decision was given if it appears reasonable for them to do so.'.

Steve Webb
Richard Younger-Ross

Clause 37, page 23, line 21, leave out subsections (3) to (7) and insert—

'(3) An appeal under section 36 shall be to an appeal tribunal constituted under Chapter 1 to the Social Security Act 1998, and the provisions of sections 12 to 16 of the Social Security Act 1998 (and Regulations made thereunder) shall apply with like effect to appeals under section 36.'.

Mr Howard Flight
Mr James Clappison
Mr Peter Luff

Clause 37, page 23, line 29, leave out from 'notice' to end of line 30.

Steve Webb
Richard Younger-Ross

Schedule 3, page 46, line 4, at end insert—

'28A In sections 150 and 152 of the Social Security Administration Act 1992, replace at all places where they appear references to the "Secretary of State" with "Secretary of State or Treasury", and in section 150(1) of the same Act after sub-paragraph (k) but before the words "in order to determine" insert a sub-paragraph (l)—

"(l)	arising under the Tax Credits Act 2002 (or regulations made thereunder),".'.

NEW CLAUSES RELATING TO PART 1

Offence of repeated incorrect statement

Mr Howard Flight
Mr James Clappison
Mr Peter Luff

NC1

To move the following Clause—

'(1) A person commits an offence if he fraudulently or negligently—

(a)	makes an incorrect statement or declaration in or in connection with a claim for a tax credit or a notification of a change in circumstances given in accordance with regulations under section 6 or in response to a notice under section 17, or

(b)	gives incorrect information or evidence in response to a requirement imposed on him by virtue of section 14(2), 15(2), 16(3) or 18(2) or regulations under section 24

within three years of the imposition on him of a penalty under section 29.

(2) A person who commits an offence under subsection (1) is liable—

(a)	on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both, or

(b)	on conviction on indictment, to imprisonment for a term not exceeding seven years, or a fine, or both.'.

Aggravated tax credit fraud

Mr Howard Flight
Mr James Clappison
Mr Peter Huff

NC2

To move the following Clause—

'(1) A person is guilty of aggravated tax credit fraud if he is knowingly concerned in any fraudulent activity undertaken with a view to obtaining payments of a tax credit by him or any other person and—

(a)	tax credits have been fraudulently obtained by himself or another in excess of the prescribed sum; or

(b)	he has been convicted of an offence under the provisions of this Act or a benefit offence as defined by section 7 of the Social Security Fraud Act 2001 within the preceding five years.

(2) A person who commits an offence under subsection (1) is liable—

(a)	on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both, or

(b)	on conviction on indictment, to imprisonment for a term not exceeding fourteen years, or a fine, or both.

(3) Regulations may make provision as to the prescribed sum in subsection (1).'.

Increased penalty for dishonest representations for obtaining benefit etc.

Mr Howard Flight
Mr James Clappison
Mr Peter Luff

NC3

To move the following Clause—

'In subsection (3)(b) of section 111A of the Social Security Administration Act 1992 (c. 5) the word "seven" is omitted and the word "ten" substituted.'.

Increased penalty for false representations for obtaining benefit etc.

Mr Howard Flight
Mr James Clappison
Mr Peter Luff

NC4

To move the following Clause:—

'In subsection (2) of section 112 of the Social Security Administration Act 1992, "3" is omitted and "6" is substituted.'.

Effect of working tax credit on housing or council tax benefits

Steve Webb
Richard Younger-Ross

NC5

To move the following Clause:—

'No award of working tax credit under this Act shall be taken into account in the determination of any housing or council tax benefit to which a person may be entitled under any other enactment.'.

Review and alteration of rates of tax credits

Steve Webb
Richard Younger-Ross

NC6

To move the following Clause:—

'Section 150 of the Social Security Administration Act 1992 shall apply with like effect to tax credits and paragraph 28A of Schedule 3 to this Act shall amend the said section 150 accordingly.'.




©Parliamentary copyright 2002	Prepared 11 Jan 2002