| Amendments proposed to the Housing Benefit (Withholding of Payment) Bill - continued | House of Commons |
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As Amendments to Mr Malcolm Wicks's proposed New Clause (NC3) (Anti-social behaviour declarations: criminal proceedings):
Mr Frank Field (a) *Line 4, leave out paragraph (b).
Mr Edward Davey (c) *Line 9, at end insert 'and provide written evidence, including at least a statement from the landlord of the offender.'.
Mr Edward Davey (d) *Line 13, after 'convictions', insert 'and by reason of the written evidence it has considered as to the specific anti-social behaviour concerned,'.
Mr Edward Davey (b) *Line 24, after 'home', insert ', provided that if a person can show that he acted in self defence or under extreme provocation then his behaviour shall not be deemed to be anti-social'.
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.'.
As Amendments to Mr Malcolm Wicks's proposed New Clause (NC4) (Anti-social behaviour declarations: civil proceedings):
Mr Edward Davey (a) *Line 12, after 'accordingly', insert ', provided that the court need not make such a declaration if it is of the opinion that the person acted in self defence or under extreme provocation.'.
Mr Edward Davey (b) *Line 12, at end insert—'(3A) A court may only make a declaration under subsection (3) above against a person over the age of 65 if it considers that there are exceptional circumstances and if it is satisfied that no other method of dealing with that person's behaviour is applicable.'.
Mr Edward Davey (c) *Line 19, at end add—'(6) Where a court is minded to make an order under this section and it forms the view that any person against whom the order is intended is unable to properly represent himself and is not represented the court shall adjourn the proceedings to give any such person the opportunity of securing legal representation.'.
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.'.
As Amendments to Mr Malcolm Wicks's proposed New Clause (NC5) (Withholding of benefit):
Mr Edward Davey (c) *Line 2, leave out 'shall' and insert 'may'.
Mr Frank Field (a) *Line 3, at end insert—'(1A) Where a declaration is made under this Act in respect of a person any housing benefit payable to a person in whose household he resides may be payable as if the rate of benefit were reduced in the prescribed manner. (1B) Where a declaration is made under this Act in respect of a person and the commission of the anti-social behaviour leading to the making of the declaration took place within three years of the commission of anti-social behaviour leading to a previous declaration of anti-social behaviour, any housing benefit payable to him or a person in whose household he resides may be withheld.'.
Mr Frank Field (b) *Line 29, after second 'period,', insert 'not less than 13 weeks and'.
Mr Edward Davey (d) *Line 30, leave out '52' and insert '26'.
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—
As an Amendment to Mr Malcolm Wicks's proposed New Clause (NC6) (Administration):
Mr Edward Davey (a) *Line 17, at end add—'(4) This section shall only take effect when the Secretary of State has published and laid before Parliament a report on the administration costs this Act will impose on—
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—
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