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| | Thursday 26th October 2006 |
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| | [SEVENTH and EIGHth Sittings]
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| | Clause 10, page 9, line 4, at end insert— |
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| | | ‘(d) | that in such circumstances as the regulations may prescribe the |
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| | | requirement to undertake a work-focused health-related assessment will |
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| | | be subject to the provision of reasonable adjustments to account for a |
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| | | person’s physical or mental condition.’. |
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| | Clause 10, page 9, line 5, leave out ‘health-related’ and insert ‘health and |
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| | Clause 10, page 9, line 8, leave out ‘capability for work’ and insert ‘a labour |
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| | Clause 10, page 9, line 8, after ‘work’, insert— |
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| | | ‘(aa) | the extent to which his capability for work may be improved by |
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| | | the provision of reasonable adjustments’. |
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| | Clause 10, page 9, line 9, leave out ‘capability for work’ and insert ‘a labour |
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| | Clause 10, page 9, line 17, at end add ‘who has undertaken such training in work- |
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| | related needs and support as may be prescribed.’. |
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| | Clause 10, page 9, line 17, at end add— |
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| | | ‘(9) | The provision for work focused health-related assessments shall not be |
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| | | compulsory for members of the support group.’. |
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| | Clause 10, page 9, line 17, at end add— |
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| | | ‘(9) | A health care professional will not be approved by the Secretary of State unless |
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| | | he has undertaken such training in disabilities and health conditions as the |
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| | | Secretary of State may by regulation prescribe.’. |
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| | Page 7, line 42, leave out Clause 10. |
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| | Clause 11, page 9, line 21, leave out from ‘allowance’ to end of line 22. |
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| | Clause 11, page 10, line 9, at end insert— |
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| | | ‘(3A) | Regulations under subsection (3) shall make provision for a right to appeal |
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| | | against a decision made under subsection (2)(g).’. |
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| | Clause 11, page 10, line 17, leave out subsection (5). |
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| | Clause 12, page 10, line 41, after ‘regulations’, insert— |
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| | | ‘(aa) | prescribing circumstances in which such a person is not subject |
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| | | to a requirement to undertake work-related activity in |
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| | | accordance with regulations;’. |
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| | Clause 12, page 11, line 18, at end insert— |
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| | | ‘(j) | for notifying a person not subject to a requirement to undertake work- |
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| | | related activity of opportunities to participate in work-related activity on |
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| | Clause 12, page 11, line 18, at end add— |
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| | | ‘(j) | prescribing the support which is to be provided to a person in order to |
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| | | help him to undertake work-related activity.’. |
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| | Clause 12, page 11, line 20, leave out ‘is’ and insert ‘may be’. |
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| | Clause 12, page 11, line 22, at end insert— |
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| | | ‘(3A) | Regulations under subsection (3) shall make provision for a right to appeal |
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| | | against a decision made under subsection (2)(e).’. |
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| | Clause 12, page 11, line 22, at end insert ‘or such other appropriate action as the |
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| | Secretary of State may by regulation prescribe.’. |
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| | Clause 12, page 11, line 27, at end insert— |
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| | | ‘(d) | what other action may be taken to encourage the claimant back into |
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| | Clause 12, page 11, line 30, leave out subsection (5). |
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| | Clause 12, page 11, line 37, at end insert ‘and may in particular make provision |
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| | prescribing circumstances in which— |
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| | | (a) | no work-related activity relevant to an individuals particular labour |
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| | | market disadvantage can be undertaken; |
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| | | (b) | no work-related activity relevant to labour market opportunities within |
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| | | the area can be undertaken; |
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| | | (c) | work-related activity programmes or courses do not meet minimum |
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| | | standards of quality as may be prescribed; |
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| | | (d) | a proposed work-related activity does not take account of a person’s |
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| | | mental or physical condition.’. |
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| | Clause 12, page 11, line 40, at end add— |
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| | | ‘(8) | Regulations under this section may make provision to ensure that the ability to |
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| | | carry out “work related activity” is not automatically treated as evidence that the |
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| | | claimant’s capability to work has improved.’. |
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| | Page 10, line 32, leave out Clause 12. |
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| | Clause 13, page 12, line 1, after ‘plans’, insert— |
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| | | ‘( ) | requirements on employers’. |
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| | Clause 13, page 12, line 2, at end insert— |
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| | | ‘(d) | the role of a person to whom an action plan document is provided in |
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| | | (e) | the requirements that must be met by any such person, or employees of |
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| | | such person receiving authorisation under section 15(1) in assisting a |
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| | | person to whom an action plan is provided; |
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| | | (f) | the right of person to whom an action plan is provided to appeal against |
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| | Clause 13, page 12, line 6, at end insert— |
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| | | ‘(3A) | Regulations under this section may make provision for action plans to include |
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| | | requirements to be placed on the Secretary of State, or any person authorised to |
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| | | carry out functions on behalf of the Secretary of State under section 15.’. |
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| | Clause 13, page 12, line 10, at end insert ‘including, in particular, circumstances |
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| | where work-related activity cannot be accessed by him for a reason related to his physical |
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| | or mental condition and circumstances where work-related activity is judged by a health |
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| | care professional approved by the Secretary of State to be having a detrimental effect upon |
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| | his physical or mental condition.’. |
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| | [Adjourned till Tuesday 31st October at 10.30 a.m. |
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