sc2083110.441-447

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.A.Standing Committee Proceedings: 31st October 2006
441

Welfare Reform Bill, continued

“(ba)
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

Agreed to  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—

“(bc)
deductions from income-related employment and

support allowance may be resorted to more than

once.”’;

(c)
after paragraph 20 insert—

“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)—

(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 that paragraph, at the end insert—

  “(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

Agreed to  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

(c)
an income-related allowance under Part 1 of the Welfare

Reform Act 2006 (employment and support allowance).”’.

S.C.A.Standing Committee Proceedings: 31st October 2006
442

Welfare Reform Bill, continued

Mr Jim Murphy

Agreed to  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”;

(c)
in subsection (4), for paragraph (b) substitute—

“(b)
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—

“(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

Agreed to  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)
in 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)
in 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

Agreed to  105

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

S.C.A.Standing Committee Proceedings: 31st October 2006
443

Welfare Reform Bill, continued

‘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

Agreed to  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—

“(4A)
The 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—

(a)
the rate of the allowance were such reduced rate as may be

prescribed;

(b)
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;

(c)
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—

“(ba)
an employment and support allowance;”.’.

Mr Jim Murphy

Agreed to  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

Agreed to  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”.

S.C.A.Standing Committee Proceedings: 31st October 2006
444

Welfare Reform Bill, continued

      (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

Agreed to  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—

“(bc)
employment and support allowance;”.

      (3)
After subsection (4A) insert—

“(4B)
In 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—

(a)
the rate of the allowance were such reduced rate as may be

prescribed;

(b)
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;

(c)
the allowance were payable only if circumstances are

otherwise such as may be prescribed.”’.

Schedule, as amended, Agreed to.

Danny Alexander

Mr David Laws

Withdrawn  197

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

Schedule Agreed to.

New CLauses and new Schedules Relating to part 1

Recovery of sums in respect of maintenance

Mr Jim Murphy

Added  nc1

To move the following Clause:—

S.C.A.Standing Committee Proceedings: 31st October 2006
445

Welfare Reform Bill, continued

‘(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

Added  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

Not selected  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

(c)
retraining.

(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,

S.C.A.Standing Committee Proceedings: 31st October 2006
446

Welfare Reform Bill, continued

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

Not called  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

Withdrawn  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.’.

S.C.A.Standing Committee Proceedings: 31st October 2006
447

Welfare Reform Bill, continued

Income (disregard)

Mr David Ruffley

Mr Tim Boswell

Mr Jeremy Hunt

Not selected  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.’.

Duty to report on impact of Part I on older people and others

Mr David Ruffley

Mr Tim Boswell

Negatived on division  nc12

To move the following Clause:—

‘(1)
The Secretary of State shall annually lay before Parliament a report on the effects

of Part One of this Act on recipients of the allowance, with respect to their

employment opportunities and health.

(2)
The report shall describe separately the impact on—

(a)
people aged over 50,

(b)
people with mental health conditions, and

(c)
people who have been in receipt of the allowance for longer than 3

years.’.