House of Commons

Session 2005-06 Publications on the internet Bill Home Page

Tuesday 17th October 2006

Standing Committee A

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New Amendments handed in are marked thus *

Welfare Reform Bill

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Note

The Amendments have been arranged in accordance with the Resolution of the Programming Sub-Committee.

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RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE

   The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Monday 16th October (Standing Order No. 83C).

   That—

(1) during proceedings on the Welfare Reform Bill the Standing Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday 17th October) meet—

(a) at 4.00 p.m. on Tuesday 17th October;

(b) at 9.10 a.m. and 1.30 p.m. on Thursday 19th October;

(c) at 10.30 a.m. and 4.00 p.m. on Tuesday 24th October;

(d) at 9.10 a.m. and 1.30 p.m. Thursday 26th October;

(e) at 10.30 a.m. and 4.00 p.m. on Tuesday 31st October;

(f) at 9.10 a.m. and 1.30 p.m. on Thursday 2nd November;

(g) at 10.30 a.m. and 4.00 p.m. on Tuesday 28th November;

(h) at 9.10 a.m. and 1.30 p.m. on Thursday 30th November;

(2) the proceedings shall be taken in the following order: Clause 1; Schedule 1; Clauses 2 to 20; Schedule 2; Clauses 21 to 25; Schedule 3; Clause 26; Schedule 4; new Clauses and new Schedules relating to Part 1; Clauses 27 to 37; Schedule 5; new Clauses and new Schedules relating to Part 2; Clauses 38 to 46; new Clauses and new Schedules relating to Part 3; Clauses 47 to 55; Schedule 6; Clauses 56 to 59; Schedule 7; new Clauses and new Schedules relating to Part 4; Clauses 60 to 63; Schedule 8; Clauses 64 to 67; remaining new Clauses and new Schedules; remaining proceedings on the Bill;

(3) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 4.30 p.m. on Thursday 30th November.

   Mr Jim Murphy has given notice of his intention to move a motion in terms of the Resolution of the Programming Sub-Committee [Standing Order No. 83C].

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Mr David Ruffley
Mr Tim Boswell

52

Clause 1, page 1, line 15, leave out ‘limited’ and insert ‘restricted’.

Danny Alexander
Mr David Laws

183

Clause 1, page 1, line 15, leave out ‘limited capability for work’ and insert ‘labour market disadvantage related to physical or mental condition’.

Danny Alexander
Mr David Laws

1

Clause 1, page 2, line 1, leave out ‘limited capability for work’ and insert ‘a labour market disadvantage’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

205

Clause 1, page 2, line 1, leave out ‘limited’ and insert ‘restricted’.

Danny Alexander
Mr David Laws

2

Clause 1, page 2, line 2, leave out paragraphs (a) and (b) and insert—

‘(a) the labour market disadvantage affecting such a person is related to his physical or mental condition, and

(b) the disadvantage is such that it is not reasonable to expect him to work.’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

248

Clause 1, page 2, line 2, after ‘condition’, insert ‘or by employers’ attitudes towards his physical or medical condition.’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

206

Clause 1, page 2, line 4, leave out ‘limitation’ and insert ‘restriction’.

Danny Alexander
Mr David Laws

150

Clause 1, page 2, line 4, after second ‘to’, insert ‘be available for or actively seek work’.

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Mr Jim Murphy

78

Schedule 1, page 49, line 2, after ‘Act,’ insert—

‘( ) a contributory allowance,’.

Danny Alexander
Mr David Laws

164

Schedule 1, page 50, line 41, after ‘receiving’, insert ‘full time’.

Danny Alexander
Mr David Laws

170

Schedule 1, page 51, leave out line 28.

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John Robertson

180

Clause 2, page 2, line 20, at end insert ‘irrespective of the age of the claimant’.

Danny Alexander
Mr David Laws

184

Clause 2, page 2, line 21, leave out ‘support component or the’.

Danny Alexander
Mr David Laws

185

Clause 2, page 2, line 22, leave out ‘are’ and insert ‘is’.

John Robertson

181

Clause 2, page 2, line 25, at end insert—

‘(1A) The total amount payable under subsection (1) above may not be less than the relevant rate or rates of benefit payable under paragraph 2A of Part 1 and paragraph 2 of Part 2 of Schedule 4 to the Social Security Contributions and Benefits Act 1992 which would have been payable to the claimant on the day immediately before section 2 of this Act comes into effect had he made a claim for and otherwise been entitled to those amounts.’.

Danny Alexander
Mr David Laws

186

Clause 2, page 2, line 26, leave out subsection (2).

John Robertson

174

Clause 2, page 2, line 27, leave out paragraph (a).

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

222

Clause 2, page 2, line 29, leave out paragraph (c).

Danny Alexander
Mr David Laws

3

Clause 2, page 2, line 29, after ‘conditions’, insert ‘relating to health, disability or capability for work-related activities’.

John Robertson

175

Clause 2, page 2, line 31, leave out paragraph (a).

Danny Alexander
Mr David Laws
Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

4

Clause 2, page 2, line 34, leave out paragraph (c).

John Robertson

182

Clause 2, page 2, line 35, at beginning insert ‘subject to subsection (1A)’.

John Robertson

176

Clause 2, page 2, line 36, leave out paragraphs (a) and (b).

Danny Alexander
Mr David Laws

202

Clause 2, page 2, line 39, after ‘backdated’, insert ‘to the date of claim, or to another such date as may be determined by the Secretary of State’.

John Robertson

177

Clause 2, page 2, line 40, leave out paragraph (c).

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

50

Clause 2, page 2, line 41, at end insert—

‘(d) prescribe circumstances in which paragraph (b) of subsection (2) is not to apply.’.

Mr John Robertson
Danny Alexander
Mr David Laws
Mr Russell Brown

142

Clause 2, page 2, line 43, at end insert—

‘( ) he is undergoing or recovering from treatment for a serious or life-threatening illness or is terminally ill as prescribed through regulations, or’.

Mr John Robertson
Danny Alexander
Mr David Laws
Mr Russell Brown

140

Clause 2, page 3, line 2, at end insert—

‘(6) For the purposes of this Part, the assessment phase for a person who is terminally ill as prescribed through regulations will be no longer than one month.’.

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Danny Alexander
Mr David Laws

189

Clause 3, page 3, line 23, at end insert—

‘(e) make provision for the disregard of payments made in accordance with subsection (1)(c)’.

Danny Alexander
Mr David Laws

204

Clause 3, page 3, line 30, leave out paragraph (b).

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Danny Alexander
Mr David Laws

151

Clause 4, page 4, line 15, after ‘prescribed’, insert ‘including such premiums as are applicable under paragraphs 11 and 12 of Schedule 2 to the Income Support (General) Regulations 1987’.

Danny Alexander
Mr David Laws

187

Clause 4, page 4, line 16, leave out ‘the support component or’.

Danny Alexander
Mr David Laws

5

Clause 4, page 4, line 19, leave out subsection (3).

Danny Alexander
Mr David Laws

188

Clause 4, page 4, line 21, leave out subsection (4).

John Robertson

178

Clause 4, page 4, line 22, leave out paragraph (a).

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

223

Clause 4, page 4, line 24, leave out paragraph (c).

Danny Alexander
Mr David Laws

6

Clause 4, page 4, line 24, after ‘conditions’, insert ‘relating to, health, disability or capability for work-related activities’.

John Robertson

179

Clause 4, page 4, line 26, leave out paragraph (a).

Danny Alexander
Mr David Laws
Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

7

Clause 4, page 4, line 29, leave out paragraph (c).

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Danny Alexander
Mr David Laws

8

Clause 8, page 6, line 6, leave out ‘Limited capability for work’ and insert ‘Labour market disadvantage’.

Danny Alexander
Mr David Laws

9

Clause 8, page 6, line 7, leave out from ‘whether’ to ‘him’ in line 9 and insert ‘the labour market disadvantage affecting a person, and related to his physical or mental condition, is such that it is not reasonable to expect.’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

207

Clause 8, page 6, line 7, leave out ‘limited’ and insert ‘restricted’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

249

Clause 8, page 6, line 8, after ‘condition’, insert ‘or by employers’ attitudes towards his physical or medical condition.’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

208

Clause 8, page 6, line 8, leave out ‘limitation’ and insert ‘restriction’.

Danny Alexander
Mr David Laws

10

Clause 8, page 6, line 15, leave out ‘specific disease’ and insert ‘illness’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

226

Clause 8, page 6, line 15, leave out ‘disease or bodily or mental disablement’ and insert ‘physical or mental condition’.

Danny Alexander
Mr David Laws

11

Clause 8, page 6, line 15, leave out ‘disablement’ and insert ‘impairment’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

250

Clause 8, page 6, line 16, at end insert ‘and the extent to which such a person’s capability for work is further limited by employers’ attitudes towards his physical or mental condition.’.

Danny Alexander
Mr David Laws

12

Clause 8, page 6, line 17, at end insert—

‘(d) make provision for a right to appeal against assessments’.

Danny Alexander
Mr David Laws

13

Clause 8, page 6, line 22, at end insert—

‘(ba) as to the duties of third parties to provide relevant information and evidence and the manner in which it is to be provided;’.

Danny Alexander
Mr David Laws

14

Clause 8, page 6, line 24, leave out ‘limited capability for work’ and insert ‘a labour market disadvantage’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

209

Clause 8, page 6, line 24, leave out ‘limited’ and insert ‘restricted’.

Danny Alexander
Mr David Laws

190

Clause 8, page 6, line 24, leave out ‘medical examination’ and insert ‘assessment relating to his physical or mental condition’.

Danny Alexander
Mr David Laws

15

Clause 8, page 6, line 25, after ‘examination’, insert ‘necessary to determine labour market disadvantage’.

Danny Alexander
Mr David Laws

172

Clause 8, page 6, line 25, after ‘require’, insert ‘, subject to the provision of reasonable adjustments in accordance with the Disability Discrimination Act (c.50)’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

246

Clause 8, page 6, line 25, at end insert—

‘(d) for information from the claimant’s Disability Living Allowance assessment to be used in place of medical examinations or assessments.

Danny Alexander
Mr David Laws

16

Clause 8, page 6, line 27, leave out ‘limited capability for work’, and insert ‘a labour market disadvantage’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

210

Clause 8, page 6, line 27, leave out ‘limited’ and insert ‘restricted’.

Danny Alexander
Mr David Laws

191

Clause 8, page 6, line 33, leave out ‘a medical examination’ and insert ‘an assessment relating to his physical or mental condition’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

224

Clause 8, page 6, line 40, at end insert—

‘(d) for a person to be treated as having good cause for any act or omission if the act or omission occurs as a consequence of his limited physical or mental functioning, following such verification as the Secretary of State may by regulation prescribe.’.

Danny Alexander
Mr David Laws

17

Clause 8, page 6, line 42, leave out ‘limited capability for work’, and insert ‘a labour market disadvantage’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

211

Clause 8, page 6, line 42, leave out ‘limited’ and insert ‘restricted’.

Danny Alexander
Mr David Laws

18

Clause 8, page 6, line 43, leave out ‘limited capability for work’, and insert ‘a labour market disadvantage’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

212

Clause 8, page 6, line 43, leave out ‘limited’ and insert ‘restricted’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

213

Clause 8, page 6, line 45, leave out ‘limited’ and insert ‘restricted’.

Danny Alexander
Mr David Laws

19

Clause 8, page 6, line 45, leave out ‘limited capability for work’, and insert ‘a labour market disadvantage’.

Danny Alexander
Mr David Laws

20

Clause 8, page 7, line 2, leave out ‘limited capability for work’, and insert ‘a labour market disadvantage’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

214

Clause 8, page 7, line 2, leave out ‘limited’ and insert ‘restricted’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

225

Clause 8, page 7, line 6, at end add—

‘(7) The assessment shall have due regard to employers’ attitudes towards a person’s disability, impairment, or long-term medical condition being a barrier to employment.’.

Danny Alexander
Mr David Laws

21

Clause 8, page 7, line 6, leave out ‘limited capability for work’, and insert ‘a labour market disadvantage’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

215

Clause 8, page 7, line 6, leave out ‘limited’ and insert ‘restricted’.

Danny Alexander
Mr David Laws

171

Clause 8, page 7, line 6, at end add—

‘(7) A person authorised to exercise the functions in subsections (2) and (3) may be required to undergo such training in relation to claimants with particular impairments and health conditions as the Secretary of State may by regulation require.’.

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Danny Alexander
Mr David Laws

152

Clause 9, page 7, line 10, leave out first ‘is’ and insert ‘and such other matters as the Secretary of State may by regulation prescribe’.

Danny Alexander
Mr David Laws

23

Clause 9, page 7, line 17, at end insert—

‘(d) make provision for a right to appeal against assessments’.

Danny Alexander
Mr David Laws

24

Clause 9, page 7, line 22, at end insert—

‘(ba) as to the duties of third parities to provide relevant information and evidence and the manner in which it is to be provided;’.

Danny Alexander
Mr David Laws

192

Clause 9, page 7, line 25, leave out ‘medical examination’ and insert ‘assessment relating to his physical or mental condition’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

247

Clause 9, page 7, line 25, at end insert—

‘(d) for information from the claimant’s Disability Living Allowance assessment to be used in place of medical examinations or assessments.’.

Danny Alexander
Mr David Laws

153

Clause 9, page 7, line 37, at end insert ‘and the safeguards that shall be applied when determining such matters’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

227

Clause 9, page 7, line 40, at end add—

‘(5) Regulations under subsection (1) shall—

(a) ensure the full programme of work focused interviews is offered to those in the support group who indicate a desire to take part in these aspects of the programme,

(b) not penalise those persons for failing to participate in these activities, and

(c) treat engagement in—

(i) part time work,

(ii) voluntary work,

(iii) training courses, and

(iv) community activities

as valid outcomes from the work focused interview process that would not automatically lead to a suspension of payment of the employment and support allowance.’.

Danny Alexander
Mr David Laws

22

Page 7, line 7, leave out Clause 9.

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Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

228

Clause 10, page 7, line 42, leave out ‘health-related’ and insert ‘health and disability-related’.

Danny Alexander
Mr David Laws
Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

25

Clause 10, page 8, line 1, leave out from ‘allowance’ to end of line 2.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

229

Clause 10, page 8, line 3, leave out ‘health-related’ and insert ‘health and disability-related’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

230

Clause 10, page 8, line 8, leave out ‘health-related’ and insert ‘health and disability-related’.

Prepared: 17 October 2006