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Amendment Paper as at
Thursday 23rd May 2002

CONSIDERATION OF BILL


STATE PENSION CREDIT BILL [LORDS], AS AMENDED

NEW CLAUSES

Imputation of years of home responsibility
   

Steve Webb
Mr David Heath
Paul Holmes

NC1

To move the following Clause:—

    '(1)   On making an initial claim to state pension credit, all claimants shall be asked to list the date of birth of any natural children and any other children for whom they had primary caring responsibilities in any year prior to the introduction of Home Responsibilities Protection.

    (2)   The definition of primary caring responsibilities shall be set out in regulations.

    (3)   For the purposes of calculation of entitlement to the guarantee credit and the savings credit, any individual may substitute for his actual rate of retirement pension an amount equal to the rate of retirement pension that he would have received if he had been entitled to a year of Home Responsibilities Protection for each year in which he was the primary carer for a child up to the age of 16 prior to the introduction of Home Responsibilities Protection.'.


Access to advice
   

Steve Webb
Mr David Heath
Paul Holmes
Annabelle Ewing

NC2

To move the following Clause:—

    '(1)   Regulations shall provide for the circumstances in which any individual seeking advice with regard to the state pension credit may receive that advice.

    (2)   Such regulations shall provide that such advice shall—

      (a) be available on a face-to-face basis for those who wish to receive the service in this way;

      (b) provided by a suitably qualified person;

      (c) in the case of face-to-face advice, be available either at home in specified circumstances or else within a reasonable travelling distance of home;

      (d) be available within a reasonable time period;

      (e) incorporate advice on entitlement to other benefits and on the implications for the claimant of receipt of state pension credit.

    (3)   The Secretary of State shall report annually to Parliament on the quality and accessibility of the service provided by the Pensions Service to individuals seeking information about the State Pension Credit.'.

As an Amendment to Steve Webb's proposed Clause (NC2) (Access to advice):

   

Mr David Willetts
Mr James Clappison
Mr Tim Boswell

(a)

Line     10,     at end insert—

      '(cc) in the case of telephone advice, not involve any charge to the caller.'.


Duration of guarantee credit
   

Lynne Jones
Mr Jim Cousins
Mrs Gwyneth Dunwoody
Chris MacCafferty
Andrew Bennett
Dr Ian Gibson

Dr Rudi VisLlew Smith

NC3

To move the following Clause:—

    '( )   The provisions of section 2 shall cease to have effect on such date as the basic state pension is the same amount as the guarantee credit.'.


Increase in basic state pension
   

Lynne Jones
Mr Jim Cousins
Mrs Gwyneth Dunwoody
Chris MacCafferty
Andrew Bennett
Dr Ian Gibson

Dr Rudi VisLlew Smith

NC4

To move the following Clause:—

    '( )   The basic state pension shall be increased to the level of the guarantee credit over a period to be specified by regulation.'.


Report on incentives etc.
   

Mr David Willetts
Mr James Clappison
Mr Tim Boswell

NC5

To move the following Clause:—

    '( )   The Secretary of State shall as soon as practicable after the end of the financial year 2004-05 and annually thereafter lay before Parliament a report containing an assessment of the effect of the savings credit on the propensity of individuals of working age to save for their retirement; and may invite the Social Security Advisory Committee to comment thereon and make recommendations for any change to structures or benefits which seem to them to be appropriate.'.


   

Mr David Willetts
Mr James Clappison
Mr Tim Boswell

6

Page     1,     line     5     [Clause     1],     after 'credit', insert 'calculated in accordance with section 2'.

   

Mr David Willetts
Mr James Clappison
Mr Tim Boswell

7

Page     1,     line     9     [Clause     1],     leave out from '2' to end of line 10.

   

Mr David Willetts
Mr James Clappison
Mr Tim Boswell

8

Page     1,     line     11     [Clause     1],     leave out subsection (3).

   

Mr David Willetts
Mr James Clappison
Mr Tim Boswell

9

Page     1,     line     18     [Clause     1],     leave out 'and (3) are' and insert 'is'.


   

Mr David Willetts
Mr James Clappison
Mr Tim Boswell

10

Page     2,     line     10     [Clause     2],     leave out 'a guarantee' and insert 'state pension'.

   

Mr David Willetts
Mr James Clappison
Mr Tim Boswell

11

Page     2,     line     11     [Clause     2],     leave out 'guarantee' and insert 'state pension'.

   

Mr David Willetts
Mr James Clappison
Mr Tim Boswell

12

Page     2,     line     13     [Clause     2],     leave out 'guarantee' and insert 'state pension'.

   

Mr David Willetts
Mr James Clappison
Mr Tim Boswell

4

Page     2,     line     36     [Clause     2],     at end insert—

    '(8A)   For the purposes of this section, where the client has attained the age of 65 or is a member of a married or unmarried couple the other member of which has attained that age, there shall be disregarded in the calculation of the claimant's income a prescribed percentage of the amount, if any, by which his qualifying income (after deducting such part of his income, if any, as lies between the standard minimum guarantee and the appropriate minimum guarantee) exceeds a prescribed amount (the savings disregard threshold).

    (8B)   Regulations may make provision as to income which is, and income which is not, to be treated as qualifying income for the purposes of this section.'.

   

Mr David Willetts
Mr James Clappison
Mr Tim Boswell

5

Page     2,     line     40,     leave out Clause 3.

   

Steve Webb
Mr David Heath
Paul Holmes

1

Page     2,     line     42     [Clause     3],     leave out 'age of 65' and insert 'qualifying age'.


   

Steve Webb
Mr David Heath
Paul Holmes

2

Page     3,     line     26     [Clause     3],     at end insert—

    '(6A)   In the case of men aged under 65, such regulations shall provide that the calculation of qualifying income shall include an amount equal to the amount of retirement pension that the claimant is forecast by the Secretary of State to be entitled to at the age of 65. This forecast shall be revised on each anniversary of the initial claim until the claimant reaches the age of 65.'.


   

Mr David Willetts
Mr James Clappison
Mr Tim Boswell

13

Page     6,     line     28     [Clause     9],     at end insert—

    '(1A)   The Secretary of State may provide by regulation for the assessed income period to be continued for a period not exceeding five years notwithstanding that the payment of benefit during that period has been terminated under regulations made under section 1(5) or section 2(6) of this Act, and may make provision for the restoration of benefit on the same basis of assessment as has previously applied when the conditions giving rise to the termination of that benefit no longer apply.'.


   

Steve Webb
Mr David Heath
Paul Holmes

3

Page     9,     line     7     [Clause     15],     after 'earnings', insert ', except that that part of a claimant's hourly earnings that is equal to the rate of the National Minimum Wage shall be disregarded'.

   

Mr David Willetts
Mr James Clappison
Mr Tim Boswell

14

Page     9,     line     18     [Clause     15],     at end insert 'but shall in no circumstances include income derived from or calculated as income implied by any compensation fund (whether or not written in trust) administered for the benefit of any claimant for state pension credit in connection with a settlement of a claim on behalf of that person arising from industrial injuries or medical negligence.'.

   

Mr David Willetts
Mr James Clappison
Mr Tim Boswell

15

Page     9,     line     22     [Clause     15],     at end insert 'but shall exclude any income derived from PEPs, TESSAs or ISAs.'.

   

Mr David Willetts
Mr James Clappison
Mr Tim Boswell

16

Page     9,     line     24     [Clause     15],     at end insert 'but subject to the restriction that the income implied by any capital holding shall not exceed the current Bank of England minimum lending rate plus two percentage points, to be averaged over a twelve month period prescribed in the regulations.'.


   

Dr Evan Harris
Hywel Williams

17

Page     12,     line     6     [Clause     17],     leave out from 'means' to end of line 8 and insert 'two people, who are not married, (whether of different sexes or the same sex) living as partners in an enduring family relationship, not including two people one of whom is the other's parent, grandparent, sister, brother, aunt or uncle, and where references to these relationships—

      (a) are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and

      (b) include the relationship of a child with his adoptive, or former adoptive, parents,

       but do not include any other adoptive relationships.'.


ORDER OF THE HOUSE [25TH MARCH 2002]

Committal

    (1)   The Bill shall be committed to a Standing Committee.

Programming of Proceedings

    (2)   All proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any other messages from the Lords) shall be programmed.

Proceedings in the Standing Committee

    (3)   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 30th April.

    (4)   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    (5)   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion at Nine o'clock on the day on which those proceedings are commenced or, if that day is Thursday, at Six o'clock on that day.

    (6)   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at Ten o'clock on the day on which proceedings on consideration are commenced or, if that day is a Thursday, at Seven o'clock on that day.

    (7)   Sessional Order B (Programming Committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.


 
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Prepared 23 May 2002