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
(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
(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
(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
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.
(6) In the application of section (administration) in relation to any court in Scotland, "prescribed" means
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 9 *Title, line 1, leave out 'Secretary of State to withhold' and insert 'withholding of'.
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©Parliamentary copyright 2002 | Prepared 9 Jul 2002 |