sc2083110.436-440

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.A.Standing Committee Proceedings: 31st October 2006
436

Welfare Reform Bill, continued

‘(8)
Before making regulations under sections 8 to 15 the Secretary of State shall

consult the Commisson for Equality and Human Rights.’.

Clause Agreed to.

Danny Alexander

Mr David Laws

Withdrawn  167

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

Clause Agreed to.

Clauses 24 and 25 Agreed to.

Mr Jim Murphy

Agreed to  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

Agreed to  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

Agreed to  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

S.C.A.Standing Committee Proceedings: 31st October 2006
437

Welfare Reform Bill, continued

allowance (payable under the Jobseekers Act 1995), an income-related

allowance under Part 1 of the Welfare Reform Act 2006 (employment and

support allowance),”.’.

Mr Jim Murphy

Agreed to  82

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

‘Legal Aid (Scotland) Act 1986 (c. 47)

A4  (1)
The Legal Aid (Scotland) Act 1986 is amended as follows.

      (2)
In section 8(b) (under which persons in receipt of certain benefits are eligible

for advice and assistance), for the words from second “or” to the end substitute

“, an income-based jobseeker’s allowance (payable under the Jobseekers Act

1995) or an income-related allowance under Part 1 of the Welfare Reform Act

2006 (employment and support allowance),”.

      (3)
In section 11(2)(b) (under which persons not in receipt of certain benefits are

liable to contribute to the cost of advice and assistance), for the words from

second “or” to the end substitute “, an income-based jobseeker’s allowance

(payable under the Jobseekers Act 1995) or an income-related allowance under

Part 1 of the Welfare Reform Act 2006 (employment and support

allowance),”.’.

Mr Jim Murphy

Agreed to  83

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

‘Income and Corporation Taxes Act 1988 (c. 1)

A5  (1)
Section 347B of the Income and Corporation Taxes Act 1988 (qualifying

maintenance payments) is amended as follows.

      (2)
In subsection (12) (payments to be treated as maintenance payments), at the

end of paragraph (b) insert “; or

“(iia)
made by virtue of section [Recovery of sums in

respect of maintenance] of the Welfare Reform Act

2006 (recovery of sums in respect of maintenance), or

any corresponding enactment in Northern Ireland, in

respect of an income-related employment and support

allowance claimed by any other person,”.

      (3)
For subsection (13) substitute—

“(13)
In subsection (12)—

“income-based jobseeker’s allowance” has the same meaning as in the

Jobseekers Act 1995 or, for Northern Ireland, the same meaning as in

any corresponding enactment in Northern Ireland;

“income-related employment and support allowance” means an income-

related allowance under Part 1 of the Welfare Reform Act 2006

(employment and support allowance) or, for Northern Ireland, under

any corresponding enactment in Northern Ireland.”’.

Mr Jim Murphy

Agreed to  84

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

S.C.A.Standing Committee Proceedings: 31st October 2006
438

Welfare Reform Bill, continued

‘Children Act 1989 (c. 41)

A6  (1)
The Children Act 1989 is amended as follows.

      (2)
In section 17 (provision of services for children in need, their families and

others), in subsection (9) (persons exempt from repayment of assistance), for

“or of an income-based jobseeker’s allowance” substitute “, of an income-

based jobseeker’s allowance or of an income-related employment and support

allowance”.

      (3)
In section 17A (direct payments), in subsection (5) (persons in relation to

whom special provision applies), in paragraph (b), for “or of an income-based

jobseeker’s allowance” substitute “, of an income-based jobseeker’s allowance

or of an income-related employment and support allowance”.

      (4)
In section 29 (recoupment of costs of providing services etc.), in subsections

(3) and (3A) (exempt persons), for “or of an income-based jobseeker’s

allowance” substitute “, of an income-based jobseeker’s allowance or of an

income-related employment and support allowance”.

      (5)
In section 105 (interpretation), in subsection (1), after the definition of

“income-based jobseeker’s allowance” 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);”.

      (6)
In Schedule 2 (local authority support for children and families), in paragraph

21(4) (persons exempt from liability to contribute to maintenance of children

looked after by local authority), for “or of an income-based jobseeker’s

allowance” substitute “, of an income-based jobseeker’s allowance or of an

income-related employment and support allowance”.’.

Mr Jim Murphy

Agreed to  85

Schedule  3,  page  55,  line  5,  after ‘6’ insert ‘as amended by the Child Support,

Pensions and Social Security Act 2000 (c. 19)’.

Mr Jim Murphy

Agreed to  86

Schedule  3,  page  55,  line  7,  at end insert—

      ‘()
In that section as it has effect apart from the Child Support, Pensions and

Social Security Act 2000 (c. 19) (applications by those receiving benefit), in

subsection (1), after “income-based jobseeker’s allowance” insert “, an

income-related employment and support allowance”.’.

Mr Jim Murphy

Agreed to  87

Schedule  3,  page  55,  line  8,  after ‘46’ insert ‘as amended by the Child Support,

Pensions and Social Security Act 2000 (c. 19)’.

Mr Jim Murphy

Agreed to  88

Schedule  3,  page  55,  line  11,  at end insert—

      ‘()
In that section as it has effect apart from the Child Support, Pensions and

Social Security Act 2000 (c. 19) (failure to comply with obligations imposed

by section 6), in subsection (11), in the definition of “relevant benefit”, after

“income-based jobseeker’s allowance” insert “, an income-related

employment and support allowance”.’.

S.C.A.Standing Committee Proceedings: 31st October 2006
439

Welfare Reform Bill, continued

Mr Jim Murphy

Agreed to  89

Schedule  3,  page  55,  line  11,  at end insert—

      ‘()
In section 47(3)(b) (persons to be exempted from payment of fees), after

“income-based jobseeker’s allowance,” insert “an income-related employment

and support allowance,”.’.

Mr Jim Murphy

Agreed to  90

Schedule  3,  page  55,  line  16,  at end insert—

      ‘()
In Part 1 of Schedule 1 as it has effect apart from the Child Support, Pensions

and Social Security Act 2000 (c. 19) (calculation of child support

maintenance), in paragraph 5(4) (parents who are to be taken to have no

assessable calculable income), after “income-based jobseeker’s allowance”

insert “, an income-related employment and support allowance”.’.

Mr Jim Murphy

Agreed to  91

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)
any purposes relating to employment and support

allowance.”’.

Mr Jim Murphy

Agreed to  92

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

Agreed to  93

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

Agreed to  94

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

Agreed to  95

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)
The 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—

S.C.A.Standing Committee Proceedings: 31st October 2006
440

Welfare Reform Bill, continued

(a)
the year in which he attained pensionable age or died under

that age, or

(b)
the year immediately preceding that year.

    (6B)
The 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

Agreed to  96

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

Agreed to  97

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

Agreed to  98

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—

“(f)
an employment and support allowance.”’.

Mr Jim Murphy

Agreed to  99

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

Agreed to  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—