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Session 2005-06
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Thursday 2nd November 2006

Standing Committee A


Welfare Reform Bill


Note

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


Danny Alexander
Mr David Laws
Mr Andrew Love

258

Clause 27, page 19, line 15, at end insert—

      ‘( ) The Appropriate Maximum Housing Benefit may not vary according to the age of the claimant.’.

John Penrose
Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

266

Clause 27, page 19, line 15, at end insert—

      ‘( ) The regulations may provide for local variations in AMHB in the event of a shortage of suitable accommodation for disabled people.’.


Danny Alexander
Mr David Laws

264

Clause 28, page 22, line 36, at end insert—

    130A  Evaluation report

      ( ) Regulations may provide that where a relevant local authority has paid housing benefit subject to restrictions under section 130B an evaluation shall be provided to the Secretary of State by that authority relating to such matters as may be prescribed.’.

Danny Alexander
Mr David Laws

263

Clause 28, page 24, line 42, at end add—

    130H  Limitation

      Regulations to which this section applies may not remain in force after January 2010.’.

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

259

Clause 33, page 28, leave out lines 21 to 23.

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

265

Clause 33, page 28, line 26, at end insert—

    122G  Supply by rent officers of information to claimants

      (1) The Secretary of State may by regulation make provision about the obligation of a rent officer to provide information to claimants of housing benefit.

      (2) The Secretary of State may impose on a rent officer obligations with respect to making available to claimants of housing benefit information about the basis of calculation of levels of housing benefit.

      (3) Regulations under subsection (1) may require the production of information or documents used in calculating local levels of housing benefit.’.


John Penrose
Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

267

Clause 34, page 28, line 31, leave out ‘may’ and insert ‘must’.

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.’.


new clauses relating to part 2

Non-dependent deductions

Danny Alexander
Mr David Laws

NC8

    To move the following Clause:—

      ‘(1) The Secretary of State shall make regulations such that the non-dependent deduction for—

        (a) housing benefit;

        (b) council tax benefit; and

        (c) Local Housing Allowance

      shall be nil where the non-dependent—

          (i) is in non-remunerative work, or

          (ii) has a gross income from remunerative work of under £101.00 per week.’.


Possession action for rent arrears involving housing benefit

Danny Alexander
Mr David Laws

NC9

    To move the following Clause:—

      ‘(1) Section 7 (orders for possession) of the Housing Act 1988 (c. 50) is amended as follows.

      (2) In subsection (3), for “subsections (5A) and (6)” substitute “subsections (5A), (6) and (6A)”.

      (3) In subsection (4), for “subsections (5A) and (6)” substitute “subsections (5A), (6) and (6A)”.

      (4) After subsection (6), insert—

      “(6A) If the court is satisfied—

        (a) that Ground 8 in Part I of Schedule 2 to this Act is established; and

        (b) that rent is in arrears as mentioned in that Ground as a consequence of a delay or failure in the payment of relevant housing benefit, it shall not make an order for possession unless it considers it reasonable to do so.”.

      (5) At end insert—

      “(8) In subsection (6A) above—

        (a) “relevant housing benefit” means—

          (i) any rent allowance or rent rebate to which the tenant was entitled in respect of the rent under the Housing Benefit Regulations 2006 (S.I. 2006/213); or

          (ii) any payment on account of any such entitlement awarded under Regulation 93 of those Regulations;

        (b) references to delay or failure in the payment of relevant housing benefit do not include such delay or failure so far as referrable to any wilful act or omission of the tenant.”.’.


Circumstances in which a person is treated as occupying a dwelling as his home

Danny Alexander
Mr David Laws

NC10

    To move the following Clause:—

      ‘(1) This section applies where a person is moving from a dwelling at which he qualifies for payment of Housing Benefit to another dwelling at which he will qualify for payment of Housing Benefit.

      (2) Regulations may make provisions that such a person may be treated as occupying both dwellings as his home and be eligible for Housing Benefit in respect of both homes for a period not exceeding four weeks if he could not reasonably have avoided rental liability in respect of the two dwellings.

      (3) Regulations under subsection (2) may allow for Housing Benefit to be paid in respect of both dwellings for a period exceeding four weeks where the applicant is awaiting the outcome of an application under Part III of the Social Security Act 1988 (c. 7) for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling.’.


Interim payment of rent allowance on account

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

NC11

    To move the following Clause:—

      ‘Where a relevant local authority has not determined a claim for rent allowance within 14 days of receipt of that claim, in such circumstances as the Secretary of State may by regulation define, the authority shall make a payment on account of rent allowance.’.


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 Clause

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.


ORDER OF THE COMMITTEE [17TH OCTOBER]

       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.


 
 
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Prepared: 2 November 2006