House of Commons - Amendments
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Deemed entitlement for other purposes

Mr Jim Murphy

NC2

    To move the following Clause:—

      ‘Regulations may provide for a person who would be entitled to an employment and support allowance but for the operation of any provision of, or made under, this Part, the Administration Act or Chapter 2 of Part 1 of the Social Security Act 1998 (c. 14) (social security decisions and appeals) to be treated as if entitled to the allowance for the purposes of any rights or obligations (whether his own or another’s) which depend on his entitlement, other than the right to payment of it.’.


Employment retention of disabled people

John Robertson

NC3

    To move the following Clause:—

      ‘(1) The Secretary of State shall make regulations for the purposes of retaining disabled people in employment, entitling a disabled employee who satisfies specified conditions to receive under this section—

        (a) employment assessment,

        (b) rehabilitation, and

        (c) retraining.

      (2) An employee who exercises his right under subsection (1)—

        (a) is entitled, for such purposes and to such extent as may be prescribed, to the benefits of the terms and conditions which would have been applied, if he had not been undertaking activities in relation to paragraphs (a) to (c) of subsection (1),

        (b) is bound, for such purposes and to such extent as may be prescribed, by obligations arising under those terms and conditions; and

        (c) is eligible after undertaking activities in relation to paragraphs (a) to (c) of subsection (1) to a job of a prescribed kind.

      (3) For the purpose of this Clause “disabled” has the meaning prescribed in the Disability Discrimination Act 1995.’.


Reports to Parliament (No.2)

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

NC5

    To move the following Clause:—

      ‘The Secretary of State shall report annually to Parliament on the employment recruitment and employment retention practices of publicly-funded organisations in respect of current and previous claimants of employment and support allowance.’.


Interviews and assessments

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

NC6

    To move the following Clause:—

      ‘It shall be a duty of the Secretary of State to ensure that in respect of interviews and assessments conducted in accordance with Part 1 of this Act

        (a) claimants are notified of the purpose or purposes of the interview or assessment,

        (b) those conducting interviews or assessments are qualified in accordance with standards that the Secretary of State shall by regulation prescribe, and

        (c) account is taken of the circumstance in respect of which claimants fail to attend or complete an interview or assessment.’.


Income (disregard)

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

NC7

    To move the following Clause:—

      ‘The Secretary of State may make regulations providing that—

      (1) An employment and support allowance shall be payable to a claimant who is a service user and is asked by a public, charitable or educational body concerned with health or social care to advise on service standards and delivery.

      (2) Activities undertaken in order to provide advice under subsection (1) shall bot be construed as work for the purposes of determining limited capability for work under section 8.

      (3) In the case of contributory allowance or an income related allowance any fee received in recognition of the service undertaken shall be subject to such disregard or earnings limit as the Secretary of State may prescribe.

      (4) In the case of contributory allowance or an income related allowance reimbursed expenses shall be disregarded as income in such cases as may be prescribed.

      (5) Regulations made under section 16(3)(a) shall not apply in relation to advice undertaken in accordance with this section.

      (6) In this section “service user” means a person with recent experience of using or requiring public services relating to their ill-health, disability or caring responsibilities.’.


Danny Alexander
Mr David Laws

48

Page 20, line 1, leave out Clause 28.


Mr Jim Murphy

67

Clause 29, page 26, line 11, at end insert—

      ‘( ) For the purposes of subsection (1) a person must be treated as entitled to housing benefit or council tax benefit by virtue of the general conditions of entitlement if—

        (a) he is not so entitled to that benefit at the time he or his partner ceases to be entitled to the prescribed benefit as mentioned in subsection (1)(b), and

        (b) his entitlement to housing benefit or council tax benefit (as the case may be) ceased during the prescribed period before that time.’.


Danny Alexander
Mr David Laws

144

Clause 34, page 28, line 37, at end insert—

      ‘( ) Regulations made under subsection (2) may provide for—

        (a) a requirement by the authority administering the benefit to ensure access to free financial advice and education for any person entitled to housing benefit and receiving direct payments of that benefit, and

        (b) a requirement for the authority to identify vulnerable claimants, or to allow vulnerable claimants to self-identify, who are unlikely to have sufficient financial management skills for accepting direct payment of housing benefit; and to allow for the payments of benefits to be made to a third party for claimants identified as vulnerable.’.


Danny Alexander
Mr David Laws

168

Clause 38, page 31, line 34, after ‘evidence’, insert ‘other than medical evidence’.


Danny Alexander
Mr David Laws

169

Clause 39, page 33, line 11, after second ‘information’, insert ‘excluding medical information’.

Danny Alexander
Mr David Laws

145

Clause 39, page 33, line 23, after ‘function’, insert ‘prescribed by the Secretary of State’.

Danny Alexander
Mr David Laws

146

Clause 39, page 33, line 29, after ‘function’, insert ‘prescribed by the Secretary of State’.

Danny Alexander
Mr David Laws

147

Clause 39, page 34, line 10, at end insert—

      ‘(10) A person who is the subject of information that has been supplied in accordance with subsection (1) shall be notified in respect of—

        (a) the information provided, and

        (b) the person to whom that information has been given.’.


Danny Alexander
Mr David Laws

148

Clause 41, page 35, line 23, leave out subsection (2).


Danny Alexander
Mr David Laws

149

Clause 42, page 35, line 36, leave out subsection (2).


Mr Jim Murphy

68

Clause 43, page 36, line 19, at end insert—

      ‘(1C) An authorisation made for a purpose mentioned in section 109A(2)(a), (c) or (d)—

        (a) is subject to such restrictions as may be prescribed;

        (b) is not valid in such circumstances as may be prescribed.’.


Mr Jim Murphy

69

Clause 44, page 36, line 32, at end insert ‘unless—

        (a) the proceedings relate to any benefit or circumstances or any description of benefit or circumstances which the Secretary of State prescribes for the purposes of this paragraph, or

        (b) the Secretary of State has directed that the authority must not bring the proceedings,

      and a direction under paragraph (b) may relate to a particular authority or description of authority or to particular proceedings or any description of proceedings.’.

Mr Jim Murphy

70

Clause 44, page 36, leave out lines 37 to 40 and insert—

      ‘(3A) The Secretary of State may continue proceedings which have been brought by an authority under this section as if the proceedings had been brought in his name or he may discontinue the proceedings if—

        (a) he makes provision under subsection (2)(a), such that the authority would no longer be entitled to bring the proceedings under this section,

        (b) he gives a direction under subsection (2)(b) in relation to the proceedings, or

        (c) a condition prescribed under subsection (3) ceases to be satisfied in relation to the proceedings.’.

Mr Jim Murphy

71

Clause 44, page 36, line 40, at end insert—

      ‘( ) In the exercise of its power under subsection (2), a local authority must have regard to the Code for Crown Prosecutors issued by the Director of Public Prosecutions under section 10 of the Prosecution of Offences Act 1985—

        (a) in determining whether the proceedings should be instituted;

        (b) in determining what charges should be preferred;

        (c) in considering what representations to make to a magistrates’ court about mode of trial;

        (d) in determining whether to discontinue proceedings.’.


Mr Jim Murphy

110

Schedule 6, page 70, line 16, at end insert—

‘1A A person is not a relevant employer in relation to a person disabled by a disease to which this Act applies if the disabled person has had no period of employment with him which is a qualifying period of employment.’.


Mr Jim Murphy

111

Schedule 8, page 74, line 9, at end insert—

‘Income and Corporation Taxes Act 1988 (c. 1) ‘In section 347B(12)(b), the word “or” at the end of sub-paragraph (i).’.

Mr Jim Murphy

112

Schedule 8, page 74, line 12, before ‘Section’ insert—

  ‘In section 6A(3), the word “and” at the end of paragraph (c).’.

Mr Jim Murphy

113

Schedule 8, page 74, line 38, at end insert—

  ‘Sections 40 to 42.’.

Mr Jim Murphy

114

Schedule 8, page 74, line 38, at end insert—

  ‘In section 44(4), the words from “except that” to the end.’.

Mr Jim Murphy

115

Schedule 8, page 74, line 38, at end insert—

  ‘Section 44A(2)(d) and (6).’.

Mr Jim Murphy

116

Schedule 8, page 74, line 38, at end insert—

  ‘Section 47.’.

Mr Jim Murphy

117

Schedule 8, page 74, line 38, at end insert—

  ‘In section 61— (a) in subsection (1), the words “under section 47(1) above or”; (b) subsection (2).’.

Mr Jim Murphy

118

Schedule 8, page 74, line 38, at end insert—

  ‘In section 61A(3), paragraph (d), and the word “and” immediately preceding it.’.

Mr Jim Murphy

119

Schedule 8, page 74, line 41, at end insert—

  ‘Section 84.’.

Mr Jim Murphy

120

Schedule 8, page 74, line 41, at end insert—

  ‘Section 86A.’.

Mr Jim Murphy

121

Schedule 8, page 74, line 41, at end insert—

  ‘Section 87.’.

Mr Jim Murphy

122

Schedule 8, page 74, line 41, at end insert—

  ‘In section 89(1) and (1A), the words “, and in regulations under section 86A above,”.’.

Mr Jim Murphy

123

Schedule 8, page 75, line 2, leave out ‘paragraph’ and insert ‘paragraphs’.

Mr Jim Murphy

124

Schedule 8, page 75, line 2, at end insert ‘and 5(6)’.

Mr Jim Murphy

125

Schedule 8, page 75, line 9, before ‘In’ insert—

  ‘Section 2A(2)(e) and (f).’.

Mr Jim Murphy

126

Schedule 8, page 75, line 18, at end insert—

  ‘Section 130(1)(a) and (c).’.

Mr Jim Murphy

127

Schedule 8, page 75, line 36, at end insert—

  ‘In Schedule 8, paragraph 39.’.

Mr Jim Murphy

128

Schedule 8, page 75, line 38, after ‘(3)’ insert ‘, (5)’.

Mr Jim Murphy

129

Schedule 8, page 75, line 39, after ‘3(3),’ insert ‘8 to 10,’.

Mr Jim Murphy

130

Schedule 8, page 75, line 39, after ‘3(3),’ insert ‘13,’.

Mr Jim Murphy

131

Schedule 8, page 75, line 39, after ‘3(3),’ insert ‘24(2) and (4),’.

Mr Jim Murphy

132

Schedule 8, page 75, line 39, at end insert ‘and (3),’.

Mr Jim Murphy

133

Schedule 8, page 75, line 43, after ‘paragraphs’ insert ‘19(2), (3) and (5),’.

Mr Jim Murphy

134

Schedule 8, page 75, line 43, after ‘paragraphs’ insert ‘25,’.

Mr Jim Murphy

135

Schedule 8, page 75, line 43, after ‘paragraphs’ insert ‘26,’.

Mr Jim Murphy

136

Schedule 8, page 75, line 44, at end insert ‘and (4),’.

Mr Jim Murphy

137

Schedule 8, page 76, line 21, after ‘16(3),’ insert ‘18(3),’.

Mr Jim Murphy

138

Schedule 8, page 76, line 25, leave out ‘and’.

Mr Jim Murphy

139

Schedule 8, page 76, line 25, at end insert ‘and 30’.


Mr Jim Murphy

72

Clause 65, page 46, line 16, leave out ‘Sections 39(1) to (10) and 40’ and insert ‘The following provisions’.

Mr Jim Murphy

73

Clause 65, page 46, line 16, at end insert—

        ‘(a) sections 39(1) to (10) and 40, and

        (b) paragraphs A6, 4A(2) and 5C of Schedule 3.’.

Mr Jim Murphy

74

Clause 65, page 46, line 16, at end insert—

      ‘( ) Paragraphs A1, A2, A4, 4A(3), 5A and 7D of Schedule 3 extend to Scotland only.’.

Mr Jim Murphy

75

Clause 65, page 46, line 22, after ‘paragraphs’ insert ‘A5,’.

Mr Jim Murphy

76

Clause 65, page 46, line 22, after ‘(2)’ insert ‘, 7A’.

Mr Jim Murphy

77

Clause 65, page 46, line 26, after ‘17),’ insert ‘the Income and Corporation Taxes Act 1988 (c. 1),’.


Remaining New Clauses

Reports to Parliament

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

NC4

    To move the following Clause:—

      ‘The Secretary of State shall require the Social Security Advisory Committee to report annually to Parliament on the operation of this Act.’.


ORDERS OF THE HOUSE [24TH JULY AND 12TH OCTOBER 2006]

       That the following provisions shall apply to the Welfare Reform Bill:

Committal

        1. The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

        2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 30th November 2006.

        3. The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

        4. Proceedings on consideration shall (so far as not previously conclude) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

        5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

        6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

        7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.


 
 
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Prepared: 17 October 2006