House of Commons

Session 2005-06 Publications on the internet Bill Home Page

Thursday 26th October 2006

Standing Committee A

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Welfare Reform Bill

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Note

The Amendments have been arranged in accordance with the Order of the Committee [17th October].

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Danny Alexander
Mr David Laws

193

Clause 10, page 9, line 4, at end insert—

‘(d) that in such circumstances as the regulations may prescribe the requirement to undertake a work-focused health-related assessment will be subject to the provision of reasonable adjustments to account for a person’s physical or mental condition.’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

236

Clause 10, page 9, line 5, leave out ‘health-related’ and insert ‘health and disability-related’.

Danny Alexander
Mr David Laws

29

Clause 10, page 9, line 8, leave out ‘capability for work’ and insert ‘a labour market disadvantage’.

Danny Alexander
Mr David Laws

199

Clause 10, page 9, line 8, after ‘work’, insert—

‘(aa) the extent to which his capability for work may be improved by the provision of reasonable adjustments’.

Danny Alexander
Mr David Laws

30

Clause 10, page 9, line 9, leave out ‘capability for work’ and insert ‘a labour market disadvantage’.

Danny Alexander
Mr David Laws

31

Clause 10, page 9, line 17, at end add ‘who has undertaken such training in work-related needs and support as may be prescribed.’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

237

Clause 10, page 9, line 17, at end add—

‘(9) The provision for work focused health-related assessments shall not be compulsory for members of the support group.’.

Danny Alexander
Mr David Laws

261

Clause 10, page 9, line 17, at end add—

‘(9) A health care professional will not be approved by the Secretary of State unless he has undertaken such training in disabilities and health conditions as the Secretary of State may by regulation prescribe.’.

Danny Alexander
Mr David Laws

154

Page 7, line 42, leave out Clause 10.

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Danny Alexander
Mr David Laws

32

Clause 11, page 9, line 21, leave out from ‘allowance’ to end of line 22.

Danny Alexander
Mr David Laws

33

Clause 11, page 10, line 9, at end insert—

‘(3A) Regulations under subsection (3) shall make provision for a right to appeal against a decision made under subsection (2)(g).’.

Danny Alexander
Mr David Laws

34

Clause 11, page 10, line 17, leave out subsection (5).

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Danny Alexander
Mr David Laws

194

Clause 12, page 10, line 41, after ‘regulations’, insert—

‘(aa) prescribing circumstances in which such a person is not subject to a requirement to undertake work-related activity in accordance with regulations;’.

Danny Alexander
Mr David Laws

203

Clause 12, page 11, line 18, at end insert—

‘(j) for notifying a person not subject to a requirement to undertake work-related activity of opportunities to participate in work-related activity on a voluntary basis.’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

238

Clause 12, page 11, line 18, at end add—

‘(j) prescribing the support which is to be provided to a person in order to help him to undertake work-related activity.’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

239

Clause 12, page 11, line 20, leave out ‘is’ and insert ‘may be’.

Danny Alexander
Mr David Laws

35

Clause 12, page 11, line 22, at end insert—

‘(3A) Regulations under subsection (3) shall make provision for a right to appeal against a decision made under subsection (2)(e).’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

240

Clause 12, page 11, line 22, at end insert ‘or such other appropriate action as the Secretary of State may by regulation prescribe.’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

241

Clause 12, page 11, line 27, at end insert—

‘(d) what other action may be taken to encourage the claimant back into work.’.

Danny Alexander
Mr David Laws

36

Clause 12, page 11, line 30, leave out subsection (5).

Danny Alexander
Mr David Laws

37

Clause 12, page 11, line 37, at end insert ‘and may in particular make provision prescribing circumstances in which—

(a) no work-related activity relevant to an individuals particular labour market disadvantage can be undertaken;

(b) no work-related activity relevant to labour market opportunities within the area can be undertaken;

(c) work-related activity programmes or courses do not meet minimum standards of quality as may be prescribed;

(d) a proposed work-related activity does not take account of a person’s mental or physical condition.’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

242

Clause 12, page 11, line 40, at end add—

‘(8) Regulations under this section may make provision to ensure that the ability to carry out “work related activity” is not automatically treated as evidence that the claimant’s capability to work has improved.’.

Danny Alexander
Mr David Laws

200

Page 10, line 32, leave out Clause 12.

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Danny Alexander
Mr David Laws

157

Clause 13, page 12, line 1, after ‘plans’, insert—

‘( ) requirements on employers’.

Danny Alexander
Mr David Laws

38

Clause 13, page 12, line 2, at end insert—

‘(d) the role of a person to whom an action plan document is provided in determining its content;

(e) the requirements that must be met by any such person, or employees of such person receiving authorisation under section 15(1) in assisting a person to whom an action plan is provided;

(f) the right of person to whom an action plan is provided to appeal against its contents.’.

Danny Alexander
Mr David Laws

143

Clause 13, page 12, line 6, at end insert—

‘(3A) Regulations under this section may make provision for action plans to include requirements to be placed on the Secretary of State, or any person authorised to carry out functions on behalf of the Secretary of State under section 15.’.

Mr David Ruffley
Mr Tim Boswell

51

Clause 13, page 12, line 10, at end insert ‘including, in particular, circumstances where work-related activity cannot be accessed by him for a reason related to his physical or mental condition and circumstances where work-related activity is judged by a health care professional approved by the Secretary of State to be having a detrimental effect upon his physical or mental condition.’.

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Danny Alexander
Mr David Laws

39

Page 12, line 17, leave out Clause 14.

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Danny Alexander
Mr David Laws

40

Clause 15, page 12, line 38, leave out paragraph (c).

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

243

Clause 15, page 12, line 38, at end insert—

‘(1A) No person may be authorised to exercise the functions specified under subsection (1) unless he has demonstrated such understanding of disabilities or health conditions, and of the employment support needs of persons whose capability for work is limited by their physical or mental condition, as the Secretary of State shall by regulation require.’.

Mr David Ruffley
Mr Tim Boswell
John Penrose

262

Clause 15, page 12, line 44, leave out paragraph (b).

Danny Alexander
Mr David Laws

158

Clause 15, page 13, line 19, after ‘provide’, insert ‘including the duty to promote well being’.

Danny Alexander
Mr David Laws

159

Clause 15, page 13, line 25, after ‘specified’, insert ‘including the duty to promote well being’.

Danny Alexander
Mr David Laws

160

Clause 15, page 13, line 33, after ‘relates’, insert—

‘(d) shall be subject to the requirements of the Disability Discrimination Act 1995 (c.50) and the Human Rights Act 1998(c.42)’.

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Danny Alexander
Mr David Laws

198

Clause 16, page 14, line 21, leave out paragraph (a).

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Danny Alexander
Mr David Laws

42

Clause 17, page 14, line 31, leave out ‘limited capability for work’ and insert ‘labour market disadvantage’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

216

Clause 17, page 14, line 31, leave out ‘limited’ and insert ‘restricted’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

217

Clause 17, page 14, line 32, leave out ‘limited’ and insert ‘restricted’.

Danny Alexander
Mr David Laws

43

Clause 17, page 14, line 32, leave out ‘limited capability for work’ and insert ‘labour market disadvantage’.

Danny Alexander
Mr David Laws

44

Clause 17, page 14, line 34, leave out ‘limited capability for work’ and insert ‘labour market disadvantage’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

218

Clause 17, page 14, line 34, leave out ‘limited’ and insert ‘restricted’.

Mr Jim Murphy

53

Clause 17, page 14, line 41, leave out ‘this section’ and insert ‘subsection (1)’.

Mr Jim Murphy

54

Clause 17, page 15, line 2, at end insert—

‘( ) Except where regulations otherwise provide, a person shall be disqualified for receiving a contributory allowance for any period during which he is—

(a) absent from Great Britain, or

(b) undergoing imprisonment or detention in legal custody.’.

Danny Alexander
Mr David Laws

173

Clause 17, page 15, line 2, at end add—

‘(c) safeguards that shall be applied when determining such matters.’.

Danny Alexander
Mr David Laws

260

Clause 17, page 15, line 2, at end add—

‘(4) The circumstances which may be prescribed in section 17(3)(b) should include, but need not be restricted to, the person’s mental or physical condition.’.

Danny Alexander
Mr David Laws

41

Page 14, line 28, leave out Clause 17.

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Danny Alexander
Mr David Laws

45

Clause 18, page 15, line 5, leave out ‘24’ and insert ‘60’.

Danny Alexander
Mr David Laws

161

Clause 18, page 15, line 15, at end insert ‘or

(c) reduce poverty’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

244

Clause 18, page 15, line 15, at end insert—

‘(c) make it more likely that employers will recruit and retain such persons.’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

245

Clause 18, page 15, line 27, leave out subsection (7) and insert—

‘(7) It shall be a duty on the Secretary of State to report to Parliament annually his evaluation of the pilot schemes.’.

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Mr Jim Murphy

55

Clause 19, page 15, line 36, leave out ‘employment and support’.

Mr Jim Murphy

56

Clause 19, page 15, line 40, leave out ‘employment and support’.

Mr Jim Murphy

57

Clause 19, page 15, line 42, leave out ‘employment and support’.

Mr Jim Murphy

58

Clause 19, page 16, line 2, leave out ‘employment and support’.

Mr Jim Murphy

59

Clause 19, page 16, line 4, leave out ‘employment and support’.

Mr Jim Murphy

60

Clause 19, page 16, line 8, leave out ‘employment and support’.

Mr Jim Murphy

61

Clause 19, page 16, line 10, leave out ‘employment and support’.

Mr Jim Murphy

62

Clause 19, page 16, line 13, leave out ‘employment and support’.

Mr Jim Murphy

63

Clause 19, page 16, line 13, at end insert—

‘( ) Except as regulations may provide, a person who is entitled to additional statutory paternity pay is not entitled to a contributory allowance in respect of a day that falls within the additional paternity pay period.

( ) Regulations may provide that—

(a) an amount equal to a person’s additional statutory paternity pay for a period shall be deducted from a contributory allowance in respect of the same period,

(b) a person shall only be entitled to a contributory allowance if there is a balance after the deduction, and

(c) if there is such a balance, a person shall be entitled to a contributory allowance at a weekly rate equal to it.’.

Mr Jim Murphy

64

Clause 19, page 16, line 14, at end insert—

‘“additional paternity pay period” has the meaning given in section 171ZEE(2) of the Contributions and Benefits Act;’.

Mr Jim Murphy

65

Clause 19, page 16, line 15, leave out ‘the Contributions and Benefits” and insert ‘that’.

Mr John Robertson
Danny Alexander
Mr David Laws
Mr Russell Brown

141

Clause 19, page 16, line 18, at end insert—

‘(6A) In relation to a claim for an employment and support allowance, regulations under this section may make provision for—

(a) an assessment to be made to identify all statutory entitlements and allowances to which a claimant is entitled;

(b) notification to a claimant of their statutory entitlements;

(c) advice to a claimant on how statutory entitlements may be claimed.’.

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Danny Alexander
Mr David Laws

201

Schedule 2, page 52, leave out paragraph 5.

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Mr Jim Murphy

66

Clause 21, page 16, line 27, at end insert—

‘“employment” and “employed” have the meanings prescribed for the purposes of this Part;”’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

219

Clause 21, page 16, line 38, leave out ‘limited’ and insert ‘restricted’.

Danny Alexander
Mr David Laws

46

Clause 21, page 16, leave out lines 38 and 39 and insert—

‘ “labour market disadvantage” shall be construed in accordance with section 2(5);’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

220

Clause 21, page 16, line 40, leave out ‘limited’ and insert ‘restricted’.

Danny Alexander
Mr David Laws

47

Clause 21, page 16, line 42, leave out ‘limited capability for work’ and insert ‘labour market disadvantage’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

221

Clause 21, page 16, line 42, leave out ‘limited’ and insert ‘restricted’.

Danny Alexander
Mr David Laws

165

Clause 21, page 17, line 9, leave out from ‘beginning’ to end of line 11 and insert ‘from the date of claim, and

(b) ending with

(i) determination of eligibility for Employment and Support Allowance, or

(ii) such day as may be prescribed up to a maximum of 91 days from the date of claim,

whichever is the sooner.’.

Danny Alexander
Mr David Laws

162

Clause 21, page 17, line 13, after ‘prescribed’, insert ‘, and such amounts as may be prescribed’.

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Danny Alexander
Mr David Laws

196

Clause 22, page 17, line 19, at end insert ‘, subject to an assessment of their impact on disability equality, which shall be included in the report of the reporting authority under regulation 5 of the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005’.

Danny Alexander
Mr David Laws

195

Clause 22, page 17, line 19, at end insert—

‘(1A) The Secretary of State must, on an annual basis for the previous twelve months, prepare a report to Parliament on the exercise of the power to make regulations under this Part’.

Danny Alexander
Mr David Laws

166

Clause 22, page 17, line 41, leave out subsection (6).

Danny Alexander
Mr David Laws

163

Clause 22, page 18, line 3, at end insert—

‘(8) Before making regulations under sections 8 to 15 the Secretary of State shall consult the Commisson for Equality and Human Rights.’.

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Danny Alexander
Mr David Laws

167

Clause 23, page 18, line 8, leave out ‘the first’.

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Mr Jim Murphy

79

Schedule 3, page 55, line 2, at end insert—

‘Social Work (Scotland) Act 1968 (c. 49)

A1 In section 78(2A) of the Social Work (Scotland) Act 1968 (which exempts persons in receipt of certain benefits from liability for contributions in respect of children in care etc.), after “1995)” insert “, an income-related allowance under Part 1 of the Welfare Reform Act 2006 (employment and support allowance)”.’.

Mr Jim Murphy

80

Schedule 3, page 55, line 2, at end insert—

‘Education (Scotland) Act 1980 (c. 41)

A2 In section 53(3) of the Education (Scotland) Act 1980 (pupils who qualify for free school meals etc.), in paragraphs (a) and (b), after sub-paragraph (ii) insert—

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

Mr Jim Murphy

81

Schedule 3, page 55, line 2, at end insert—

‘Transport Act 1982 (c. 49)

A3 In section 70 of the Transport Act 1982 (payments in respect of applicants for exemption from wearing seat belts), in subsection (2) (applicants who qualify), in paragraph (b), for “or an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995)” substitute “, an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995), an income-related allowance under Part 1 of the Welfare Reform Act 2006 (employment and support allowance),”.’.

Prepared: 26 October 2006