Vote Bundle Text (920709-02)

Amendments proposed to the Housing Benefit (Withholding of Payment) Bill - continued	House of Commons

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Anti-social behaviour declarations: civil proceedings

Mr Malcolm Wicks

NC4

*To move the following Clause:—

'(1) This section applies where—

(a)	in England and Wales, the High Court, a county court or a magistrates' court, or

(b)	in Scotland, the Court of Session or the sheriff,

makes a prescribed order in any civil proceedings, other than prescribed proceedings.

(2) Any prescribed party to the proceedings may apply to the court for a declaration that any other prescribed party has behaved in an anti-social manner by reason of any or all of the conduct in respect of which the order is made.

(3) If the court is satisfied on an application under subsection (2) that the person concerned has so behaved it must make a declaration accordingly.

(4) A declaration under this section must specify the day on which the conduct in respect of which it is made occurred or, if that conduct occurred on more than one day, the earliest and latest days on which it occurred.

(5) Subsection (5) of section (anti-social behaviour declarations: criminal proceedings) applies for the purposes of this section as it applies for the purposes of that section.'.

Withholding of benefit

Mr Malcolm Wicks

NC5

*To move the following Clause:—

'(1) Where a declaration is made under this Act in respect of a person, any housing benefit payable to him during the disqualification period shall be payable as if the rate of benefit were reduced in the prescribed manner.

(2) Subsection (1) does not apply in prescribed cases.

(3) Subsection (1) also does not apply to a declaration made in respect of a person ("declaration A") where—

(a)	another declaration made under this Act in respect of that person ("declaration B") has been taken into account for the purposes of any previous application of that subsection, and

(b)	any day which is a relevant day in relation to declaration A is also a relevant day in relation to declaration B.

(4) For the purposes of subsection (3)(b) "relevant day", in relation to a declaration under this Act, means—

(a)	in a case where only one day is specified in the declaration under section (anti-social behaviour declarations: criminal proceedings)(4) or (anti-social behaviour declarations: civil proceedings)(4), that day, and

(b)	in any other case, the earliest and latest days so specified and any day between them.

(5) Where a declaration by virtue of which subsection (1) operates is quashed or set aside, all such payments and other adjustments shall be made as would be necessary if the declaration had not been made.

(6) Where, in the case of a declaration by virtue of which subsection (1) operates, the date or dates specified under section (anti-social behaviour declarations: criminal proceedings)(4) or (anti-social behaviour declarations: civil proceedings)(4) are varied by a court (on appeal or otherwise), all such payments and other adjustments must be made as would be necessary if the declaration had been made as varied.

(7) In this section "disqualification period" means such period, not exceeding 52 weeks, as may be determined by or in accordance with regulations made by the Secretary of State.'.

Administration

Mr Malcolm Wicks

NC6

*To move the following Clause:—

'(1) Where a court makes, quashes or sets aside a declaration under this Act, or varies the date or dates specified in such a declaration under section (anti-social behaviour declarations: criminal proceedings)(4) or (anti-social behaviour declarations: civil proceedings)(4), it must notify the Secretary of State in the prescribed manner of—

(a)	the fact that it has done so, and

(b)	the prescribed information.

(2) The Secretary of State may make regulations about how information relating to declarations under this Act may be used and supplied (and may in particular authorise the supply of such information by any person to any other person).

(3) In section 170 of the Social Security Administration Act 1992 (c.5) (functions of the Social Security Advisory Committee), in subsection (5), in the definition of "the relevant enactments", after paragraph (ag) insert—

"(ah)

the provisions of the Housing Benefit (Withholding of Payment) Act 2002; and".'.

Regulations

Mr Malcolm Wicks

NC7

*To move the following Clause:—

'(1) Subject to subsection (6), in this Act "prescribed" means prescribed, or of a description prescribed, by regulations made by the Secretary of State.

(2) Any power to make regulations under this Act is exercisable by statutory instrument.

(3) Subsections (4) to (7) of section 189 of the Social Security Administration Act 1992 (c.5) (supplemental and incidental provision) apply in relation to the powers to make regulations conferred by this Act as they apply in relation to the powers to make regulations conferred by that Act.

(4) Subject to subsection (5), a statutory instrument containing regulations under this Act may not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

(5) Subsection (4) does not apply in the case of an instrument containing regulations under section (administration) only.

Such an instrument is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In the application of section (administration) in relation to any court in Scotland, "prescribed" means—

(a)	in relation to declarations under section (anti-social behaviour declarations: criminal proceedings), prescribed by the High Court of Justiciary by Act of Adjournal, and

(b)	in relation to declarations under section (anti-social behaviour declarations: civil proceedings), prescribed by the Court of Session by Act of Sederunt.

(7) The power of the Court of Session by Act of Sederunt to regulate the procedure and practice in civil proceedings in the sheriff court includes power to regulate—

(a)

the manner in which the court must notify the Secretary of State of the fact that it has made, quashed or set aside a declaration under this Act, or varied the date or dates specified in such a declaration under section (anti-social behaviour declarations: criminal proceedings)(4) or (anti-social behaviour declarations: civil proceedings)(4), and

(b)	the information which the court must give to the Secretary of State.

(8) Subsections (4) and (5) do not apply to Acts of Adjournal and Acts of Sederunt.'.

Old persons

Mr Edward Davey

NC8

*To move the following Clause:—

'.—No benefit shall be withheld under this Act from any person over the age of 65'.

Children under five years

Mr Edward Davey

NC9

*To move the following Clause:—

'.—No benefit shall be withheld under this Act from any person where in the opinion of the Secretary of State it would severely damage the health or welfare of any child under five years of age.'.

Children under five years (No. 2)

Mr Edward Davey

NC10

*To move the following Clause:—

'No benefit shall be withheld under this Act from any person where in the opinion of the local social services authority it would severely damage the health or welfare of any child under five years of age and it shall be the duty of the Secretary of State to ask that authority for its opinion before he takes any action under this Act in cases involving children under five.'.

Reviews

Mr Edward Davey

NC11

*To move the following Clause:—

( ) 'The Secretary of State shall publish and lay before Parliament a review of the working of section 1 above after a period of twelve months and shall cause debates to be held in both Houses on that review.'.

Reviews (No. 2)

Mr Edward Davey

NC12

*To move the following Clause:—

'( ) The Secretary of State shall publish and send to the National Assembly for Wales a review of the working of section 1 above in Wales after a period of twelve months and shall take into account any points made by the Assembly in any future actions taken under section 1.'.

Reviews (No. 3)

Mr Edward Davey

NC13

*To move the following Clause:—

'( ) The Secretary of State shall publish and send to the Scottish Parliament a review of the working of section 1 above in Scotland after a period of twelve months and shall take into account any points made by the Parliament in any future actions taken under section 1.'.

Consultation with landlords

Mr Edward Davey

NC14

*To move the following Clause:—

'( ) Before taking any action under section 2 above the Secretary of State shall consult with such organisations as in his view represent landlords in order to take into account any views expressed by them as to how any such action can be taken in such a way as to lessen any hardship caused to landlords.'.

Reviews (No. 4)

Mr Edward Davey

NC15

*To move the following Clause:—

'( ) The Secretary of State shall publish and lay before Parliament an annual review of the working of section 2 above and shall cause debates to be held in both Houses on any such review.'.

Anti-social behaviour commission

Mr Edward Davey

NC16

*To move the following Clause:—

'(1) No action shall be taken under this Act until the Secretary of State has set up an anti-social behaviour commission whose function shall be to investigate anti-social behaviour by tenants and to report to him and make recommendations.

(2) It shall be the duty of the Secretary of State to have regard to any recommendations made by the Commission.'.

Mr Malcolm Wicks

*Title, line 1, leave out 'Secretary of State to withhold' and insert 'withholding of'.




©Parliamentary copyright 2002	Prepared 9 Jul 2002