House of Commons - Amendments

Welfare Reform Bill *- continued*	House of Commons

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Mr Jim Murphy

Schedule 3, page 55, line 29, at end insert—

‘() In section 6A (notional payment of primary Class 1 contribution where earnings not less than lower earnings limit), in subsection (3) (purposes for which Class 1 contribution treated as paid), at end insert “; and

(e) =5>any purposes relating to employment and support allowance.”’.

Mr Jim Murphy

Schedule 3, page 55, line 42, at end insert—

‘() In section 61A (contributions paid in error), in subsection (3), at the end of paragraph (c) insert “and”.’.

Mr Jim Murphy

Schedule 3, page 55, line 42, at end insert—

‘() In section 88 (increases of benefits to be in respect of only one adult dependant), for “86A” substitute “85”.’.

Mr Jim Murphy

Schedule 3, page 55, line 42, at end insert—

‘() In section 89(1) and (1A) (earnings to include occupational and personal pensions etc. for purposes of provisions relating to increases of benefits in respect of adult dependants), for “to 86A” substitute “to 85”.’.

Mr Jim Murphy

Schedule 3, page 56, line 23, at end insert—

‘() In paragraph 5 of Schedule 3 (contribution conditions for widowed mother’s allowance etc.), after sub-paragraph (6) insert—

“ “(6A) =6>AThe first condition shall be taken to be satisfied if the contributor concerned was entitled to main phase employment and support allowance at any time during— (a) the year in which he attained pensionable age or died under that age, or (b) the year immediately preceding that year. (6B) =6>BThe reference in sub-paragraph (6A) to main phase employment and support allowance is to an employment and support allowance in the case of which the calculation of the amount payable in respect of the claimant includes an addition under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act 2006 (addition where conditions of entitlement to support component or work-related activity component satisfied).”’.

Mr Jim Murphy

Schedule 3, page 57, line 20, at end insert—

‘() In section 74A (payment of benefit where maintenance payments collected by Secretary of State), in subsection (7) (benefits to which section applies), after “an income-based jobseeker’s allowance” insert “, an income-related employment and support allowance”.’.

Mr Jim Murphy

Schedule 3, page 57, line 26, at end insert—

‘() In section 109(1) (diversion of arrested earnings to the Secretary of State - Scotland), after “income support”, in both places, insert “or an income-related employment and support allowance”.’.

Mr Jim Murphy

Schedule 3, page 58, line 2, at end insert—

‘() In section 130 (duties of employers: statutory sick pay), in subsection (1) (power to require employer to supply information in connection with making of claim for certain benefits by employee), at end insert—

“(e) =6>an employment and support allowance.”’.

Mr Jim Murphy

Schedule 3, page 60, line 31, at end insert—

‘() In section 165(6)(a) (under which no adjustment between the National Insurance Fund and the Consolidated Fund is required for administrative expenses of the Secretary of State relating to benefits payable out of money provided by Parliament), for “or section 20 of the State Pension Credit Act 2002” substitute “, section 20 of the State Pension Credit Act 2002 or section 24 of the Welfare Reform Act 2006”.’.

Mr Jim Murphy

100

Schedule 3, page 60, line 31, at end insert—

‘() In section 166 (financial review and report), in subsection (2) (duty at end of each review period to review operation of certain provisions)—

(a) after paragraph (b) insert—

“(e) =53>the provisions of Part 1 of the Welfare Reform Act 2006 relating to contributory employment and support allowance;”;

(b) in paragraph (c), for “and (b)” substitute “to (ba)”.’.

Mr Jim Murphy

101

Schedule 3, page 61, line 21, at end insert—

‘Local Government Finance Act 1992 (c. 14)

4A (1) The Local Government Finance Act 1992 is amended as follows.

(2) In Schedule 4 (enforcement in England and Wales)—

(a) in paragraph 6 (deductions from income support etc.), in sub-paragraphs (1) and (2)(b), for “or state pension credit” substitute “, state pension credit or an income-related employment and support allowance”;

(b) in paragraph 12 (relationship between remedies), after sub-paragraph (1)(bb) insert—

“(e) =2>cdeductions from income-related employment and support allowance may be resorted to more than once.”’;

““21 =21>In this Schedule, “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2006 (employment and support allowance).”

(3) In Schedule 8 (enforcement in Scotland)—

(b) in that paragraph, at the end insert—

“ “(6A) =3>In this paragraph, “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2006 (employment and support allowance).”’.

Mr Jim Murphy

102

Schedule 3, page 62, line 13, at end insert—

‘Children (Scotland) Act 1995 (c. 36)

5A In section 22 of the Children (Scotland) Act 1995 (promotion of welfare of children in need), in subsection (4) (under which persons in receipt of certain benefits cannot be required to repay financial assistance), at end insert “; or

(e) =3>an income-related allowance under Part 1 of the Welfare Reform Act 2006 (employment and support allowance).”’.

Mr Jim Murphy

103

Schedule 3, page 62, line 13, at end insert—

‘Employment Tribunals Act 1996 (c. 17)

‘5B (1) The Employment Tribunals Act 1996 is amended as follows.

(2) In section 16 (power to provide for recoupment of benefits)—

(a) in subsections (3)(a) and (c) and (5)(cc) and (e), for “or income support” substitute “, income support or income-related employment and support allowance”;

(b) in subsection (3)(b), for “either benefit” substitute “jobseeker’s allowance, income support or income-related employment and support allowance”;

“(e) =2>so as to apply to all or any of the benefits mentioned in subsection (3).”

(3) In section 17 (recoupment: further provisions), in subsection (1), for “or income support”, in both places, substitute “, income support or income-related employment and support allowance”.

(4) In that section, at the end insert—

““(13) =5>In this section and section 16 “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2006 (employment and support allowance).”’.

Mr Jim Murphy

104

Schedule 3, page 62, line 13, at end insert—

‘Education Act 1996 (c. 56)

5C (1) The Education Act 1996 is amended as follows.

(2) In section 457 (charges and remissions policies), in subsection (4)(b) (cases where receipt of benefit by pupil’s parent to give rise to remission), after sub-paragraph (ii) insert—

““(iia) =2>ain receipt of an income-related employment and support allowance,”.

(3) In section 512ZB (provision of free school lunches and milk), in subsection (4) (eligibility for free lunches), in paragraphs (a) and (b), after sub-paragraph (ii) insert—

““(iia) =2>ain receipt of an income-related employment and support allowance,”.

(4) In section 579 (interpretation), in subsection (1), after the definition of “higher education” insert—

““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2006 (employment and support allowance);”.’.

Mr Jim Murphy

105

Schedule 3, page 63, line 8, at end insert—

‘Immigration and Asylum Act 1999 (c. 33)

7A In section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits), in subsection (1) (benefits to which entitlement excluded), after “State Pension Credit Act 2002” insert “or to income-related allowance under Part 1 of the Welfare Reform Act 2006 (employment and support allowance)”.

Mr Jim Murphy

106

Schedule 3, page 63, line 8, at end insert—

‘Child Support, Pensions and Social Security Act 2000 (c. 19)

7B (1) Section 62 of the Child Support, Pensions and Social Security Act 2000 (loss of benefit for breach of community order) is amended as follows.

(2) After subsection (4) insert—

““(13) =4>AThe Secretary of State may by regulations provide that, where the relevant benefit is an employment and support allowance, any income-related allowance (within the meaning of Part 1 of the Welfare Reform Act 2006) shall be payable, during the whole or part of the prescribed period, as if one or more of the following applied— (e) the rate of the allowance were such reduced rate as may be prescribed; (e) the allowance were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations; (e) the allowance were payable only if the circumstances are otherwise such as may be prescribed.”

(3) In subsection (8), in the definition of “relevant benefit”, after paragraph (b) insert—

“(e) =2>aan employment and support allowance;”.’.

Mr Jim Murphy

107

Schedule 3, page 63, line 8, at end insert—

‘Local Government Act 2000 (c. 22)

7C In section 94 of the Local Government Act 2000 (disclosure of information), in subsection (1) (benefit information which may be disclosed), for “or state pension credit” substitute “, state pension credit or an income-related employment and support allowance.’.

Mr Jim Murphy

108

Schedule 3, page 63, line 8, at end insert—

‘Adults with Incapacity (Scotland) Act 2000 (asp 4)

7D (1) The Adults with Incapacity (Scotland) Act 2000 is amended as follows.

(2) In section 39(1)(a) (which excepts from matters which may be managed those relating to benefit under the Contributions and Benefits Act), at end insert “or Part 1 of the Welfare Reform Act 2006”.

(3) In section 41(a) (duties of managers in relation to matters which may be managed), at end insert “or Part 1 of the Welfare Reform Act 2006”.’.

Mr Jim Murphy

109

Schedule 3, page 63, line 8, at end insert—

‘Social Security Fraud Act 2001 (c. 11)

7E (1) Section 9 of the Social Security Fraud Act 2001 (effect of offence on benefits of members of offender’s family) is amended as follows.

(2) In subsection (1) (benefits to which section applies), after paragraph (bb) insert—

“(e) =2>cemployment and support allowance;”.

(3) After subsection (4A) insert—

““(13) =4>BIn relation to cases in which the benefit is employment and support allowance, the provision that may be made by virtue of subsection (2) is provision that, in the case of the offender’s family member, any income-related allowance shall be payable, during the whole or a part of any period comprised in the relevant period, as if one or more of the following applied— (e) the rate of the allowance were such reduced rate as may be prescribed; (e) the allowance were payable only if there is compliance by the offender or the offender’s family member, or both of them, with such obligations with respect to the provision of information as may be imposed by the regulations; (e) the allowance were payable only if circumstances are otherwise such as may be prescribed.”’.

Danny Alexander
Mr David Laws

197

Schedule 4, page 65, line 30, leave out paragraph 6.

New CLauses and new Schedules Relating to part 1

Recovery of sums in respect of maintenance

Mr Jim Murphy

NC1

To move the following Clause:—

‘(1) Regulations may make provision for the court to have power to make a recovery order against any person where an award of income-related allowance has been made to that person’s spouse or civil partner.

(2) The reference in subsection (1) to a recovery order is to an order requiring the person against whom it is made to make payments to the Secretary of State or to such other person or persons as the court may determine.

(3) Regulations under subsection (1) may include—

(a) provision as to the matters to which the court is, or is not, to have regard in determining any application under the regulations;

(b) provision as to the enforcement of orders under the regulations;

(c) provision for the transfer by the Secretary of State of the right to receive payments under, and to exercise rights in relation to, orders under the regulations.

(4) In this section, “the court” means—

(a) in relation to England and Wales, a magistrates’ court;

(b) in relation to Scotland, the sheriff.’.

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

(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

Page 20, line 1, leave out Clause 28.

Mr Jim Murphy

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.’.

Prepared: 19 October 2006