NOTICES OF AMENDMENTS
given up to and including
Wednesday 17th July 2002
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
HOUSING BENEFIT (WITHHOLDING OF PAYMENT) BILL, AS AMENDED
NEW CLAUSES
Old persons
Mr Edward Davey
Steve Webb
NC1
*To move the following Clause:—
'No benefit shall be withheld under this Act from any person over the age of 65.'.
Children under 16 years
Mr Edward Davey
Steve Webb
NC2
*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 damage the health or welfare of any child under 16 years of age.'.
Children under 5 years
Mr Edward Davey
Steve Webb
NC3
*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 5 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 5.'.
Mr Andrew Dismore
1
Page 1, line 5 [Clause 1], leave out 'a year' and insert 'six months'.
Mr Andrew Dismore
2
Page 1, line 8 [Clause 1], after 'convictions', insert 'and taking into account any previous unspent convictions'.
Mr Edward Davey
Steve Webb
17
*Page 1, line 9 [Clause 1], at end insert 'and provide written evidence of that anti-social conduct'.
Mr Andrew Dismore
3
Page 1, line 13 [Clause 1], after 'convictions', insert 'and taking into account any previous unspent convictions'.
Mr Edward Davey
Steve Webb
18
*Page 1, line 13 [Clause 1], after 'convictions', insert 'and by reason of the written evidence it has considered as to the specific anti-social conduct concerned,'.
Mr Edward Davey
Steve Webb
19
*Page 1, line 14 [Clause 1], at end add 'and
| (c) | it is satisfied that any withholding of benefit, as set out in section (3) below and related regulations, will not increase the likelihood of the offender committing similar offences again,'. |
Mr Andrew Dismore
4
Page 1, line 15 [Clause 1], at end insert 'and specify the period of disqualification for the purposes of section 3(1)'.
Mr Andrew Dismore
5
Page 1, line 21 [Clause 1], leave out '(not of the same household as himself)'.
Mr Andrew Dismore
6
Page 1, line 22 [Clause 1], leave out 'locality' and insert 'area within a radius of one mile'.
Mr Andrew Dismore
7
Page 1, line 22 [Clause 1], leave out 'his home' and insert 'of a residential property in relation to the occupation of which he is in receipt of housing benefit'.
Mr Edward Davey
Steve Webb
20
*Page 2, line 35 [Clause 2], after 'behaved', insert 'and has considered written evidence of the anti-social conduct'.
Mr Edward Davey
Steve Webb
21
*Page 2, line 35 [Clause 2], after 'behaved', insert 'and is satisfied that any withholding of benefit, as set out in section (3) below and related regulations, will not increase the likelihood of the offender committing similar offences again,'.
Mr Andrew Dismore
8
Page 2, line 35 [Clause 2], after 'declaration', insert 'and specify the period of disqualification for the purposes of section 3(1)'.
Mr Edward Davey
Steve Webb
22
*Page 2, line 35 [Clause 2], 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
Steve Webb
23
*Page 2, line 40 [Clause 2], at end insert—
'(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 represent himself properly and is not otherwise represented, the court shall adjourn the proceedings to give any such person the opportunity of securing legal representation.'.
Mr Andrew Dismore
9
Page 2, line 44 [Clause 3], at end insert—
'(1A) Where a declaration is made under this Act in respect of any housing benefit paid direct to a landlord, the Secretary of State shall notify the landlord of that fact'.
Mr Andrew Dismore
10
Page 2, line 44 [Clause 3], at end insert—
'(1A) Where a declaration is made under this Act, the Secretary of State shall notify the landlord of the property in respect of which the benefit is payable of that fact'.
Mr Andrew Dismore
11
Page 2, line 44 [Clause 3], at end insert—
'(1A) In deciding to make a declaration under this Act, the court shall give due consideration to any hardship which may be inflicted on others as the consequence of disqualification of the person from benefit'.
Mr Andrew Dismore
15
*Page 2, line 44 [Clause 3], at end insert—
'( ) Where a declaration is made under this Act and benefit continues to be paid erroneously to the person, no recovery of overpaid benefit shall be made from the landlord of the property in respect of which housing benefit was awarded.'.
Mr Andrew Dismore
16
*Page 2, line 44 [Clause 3], at end insert—
'( ) Where a declaration is made under this Act and benefit continues to be paid erroneously any recovery of overpaid benefit from the person shall only be made by installments that are within the means of the person to meet.'.
Mr Edward Davey
Steve Webb
24
*Page 2, line 44 [Clause 3], at end insert—
'(1A) Subsection (1) shall only apply after the Secretary of State has—
| (a) | reviewed evidence as to the likelihood of the offender re-offending as a direct result of the benefit reduction, and |
| (b) | stated that, in his opinion, the benefit reduction does not increase that likelihood.'. |
Mr Andrew Dismore
12
Page 3, line 22 [Clause 3], leave out '13' and insert '4'.
Mr Andrew Dismore
13
Page 3, line 23 [Clause 3], leave out 'or' and insert 'the court'.
Mr Andrew Dismore
14
Page 4, line 30 [Clause 6], leave out 'shall' and insert 'may'.
