House of Commons

Session 2006-07 Publications on the internet Bill Home Page

Tuesday 28th November 2006

Public Bill Committee

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New Amendments handed in are marked thus *

Welfare Reform Bill Committee

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John Penrose
Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt

267

Clause 36, page 29, line 40, leave out ‘may’ and insert ‘must’.

Danny Alexander
Mr David Laws

144

Clause 36, page 30, line 6, 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.’.

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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.’.

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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.”.’.

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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.’.

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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.’.

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Local Housing Allowance: transitional arrangements

Danny Alexander
Mr David Laws

NC16

To move the following Clause:—

‘Regulations may make provision for those in receipt of Housing Benefit to be entitled to claim Local Housing Allowance from the coming into force of this Act.’.

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Overpayment of benefits

Danny Alexander
Mr David Laws

NC17

To move the following Clause:—

‘(1) For the purposes of section 75(1) of the Social Security Administration Act 1992 any amount of housing benefit paid in excess of entitlement may not be recovered if the overpayment was the fault of the Secretary of State.

(2) For the purposes of section 76(1) of the Social Security Administration Act 1992 any excess benefit may not be recovered if the payment of excess benefit was the fault of the Secretary of State.’.

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Danny Alexander
Mr David Laws

168

Clause 40, page 33, line 6, after ‘evidence’, insert ‘other than medical evidence’.

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Danny Alexander
Mr David Laws

169

Clause 41, page 34, line 23, after second ‘information’, insert ‘excluding medical information’.

Danny Alexander
Mr David Laws

145

Clause 41, page 34, line 35, after ‘function’, insert ‘prescribed by the Secretary of State’.

Danny Alexander
Mr David Laws

146

Clause 41, page 34, line 41, after ‘function’, insert ‘prescribed by the Secretary of State’.

Adam Afriyie

274

* Clause 41, page 35, line 20, leave out paragraph (a).

Danny Alexander
Mr David Laws

147

Clause 41, page 35, line 22, 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.’.

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Danny Alexander
Mr David Laws

148

Clause 43, page 36, line 34, leave out subsection (2).

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Danny Alexander
Mr David Laws

149

Clause 44, page 37, line 5, leave out subsection (2).

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Mr Jim Murphy

68

Clause 45, page 37, line 30, 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.’.

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Mr Jim Murphy

69

Clause 46, page 38, line 2, 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 46, page 38, leave out lines 7 to 10 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 46, page 38, line 10, 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.’.

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Mr Jim Murphy

110

Schedule 6, page 77, line 19, 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.’.

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Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt
John Penrose
Adam Afriyie

268

Clause 59, page 44, leave out lines 38 and 39 and insert—

‘( ) For the purposes of subsection (2), “care homes” has the meaning assigned to it by section 3 of the Care Standards Act 2000 and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001.’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt
John Penrose
Adam Afriyie

269

Clause 59, page 44, leave out from line 40 to end of line 2 on page 45 and insert—

‘For the purposes of subsection (2) “qualifying services” is defined as accommodation which includes the provision of—

(a) board, and

(b) personal or nursing care

on the same premises.’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt
John Penrose
Adam Afriyie

270

Clause 59, page 45, line 2, at end insert—

‘“Qualifying services” for the purposes of subsection (2) do not include accommodation, board or personal care in a private dwelling occupied, owned or managed by—

(a) the person,

(b) another person,

(c) a corporate body,

(d) a registered charity,

(e) an organisation whose activities are carried on otherwise than for profit,

(f) a housing association within the meaning of section 1(1) of the Housing Associations Act (1985), or

(g) a public or local authority

and which is not required to be registered as a care home under the Care Standards Act 2000 or in Scotland under the Regulation of Care (Scotland) Act 2001.’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt
John Penrose
Adam Afriyie

271

Clause 59, page 45, leave out lines 19 and 20 and insert—

‘( ) For the purposes of subsection (8) “a care home” has the meaning assigned to it by section 3 of the Care Standards Act 2000 and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001.’

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt
John Penrose
Adam Afriyie

272

Clause 59, page 45, leave out lines 21 to 25 and insert—

‘For the purposes of subsection (8) “qualifying services” is defined as accommodation which includes the provision of—

(a) board, and

(b) personal or nursing care

on the same premises.’.

Mr David Ruffley
Mr Tim Boswell
Mr Jeremy Hunt
John Penrose
Adam Afriyie

273

Clause 59, page 45, line 25, at end insert—

‘“Qualifying services” for the purposes of subsection (8) do not include accommodation, board or personal care in a private dwelling occupied, owned or managed by—

(a) the person,

(b) another person,

(c) a corporate body,

(d) a registered charity,

(e) an organisation whose activities are carried on otherwise than for profit,

(f) a housing association within the meaning of section 1(1) of the Housing Associations Act (1985), or

(g) a public or local authority

and which is not required to be registered as a care home under the Care Standards Act 2000 or in Scotland under the Regulation of Care (Scotland) Act 2001.’.

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Mr Jim Murphy

111

Schedule 8, page 81, 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 81, 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 81, line 38, at end insert—

‘Sections 40 to 42.’.

Mr Jim Murphy

114

Schedule 8, page 81, line 38, at end insert—

‘In section 44(4), the words from “except that” to the end.’.

Mr Jim Murphy

115

Schedule 8, page 81, line 38, at end insert—

‘Section 44A(2)(d) and (6).’.

Mr Jim Murphy

116

Schedule 8, page 81, line 38, at end insert—

‘Section 47.’.

Mr Jim Murphy

117

Schedule 8, page 81, 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 81, 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 81, line 41, at end insert—

‘Section 84.’.

Mr Jim Murphy

120

Schedule 8, page 81, line 41, at end insert—

‘Section 86A.’.

Mr Jim Murphy

121

Schedule 8, page 81, line 41, at end insert—

‘Section 87.’.

Mr Jim Murphy

122

Schedule 8, page 81, 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 82, line 2, leave out ‘paragraph’ and insert ‘paragraphs’.

Mr Jim Murphy

124

Schedule 8, page 82, line 2, at end insert ‘and 5(6)’.

Mr Jim Murphy

125

Schedule 8, page 82, line 9, before ‘In’ insert—

‘Section 2A(2)(e) and (f).’.

Mr Jim Murphy

126

Schedule 8, page 82, line 18, at end insert—

‘Section 130(1)(a) and (c).’.

Mr Jim Murphy

127

Schedule 8, page 82, line 36, at end insert—

‘In Schedule 8, paragraph 39.’.

Mr Jim Murphy

128

Schedule 8, page 82, line 38, after ‘(3)’ insert ‘, (5)’.

Mr Jim Murphy

129

Schedule 8, page 82, line 39, after ‘3(3),’ insert ‘8 to 10,’.

Mr Jim Murphy

130

Schedule 8, page 82, line 39, after ‘3(3),’ insert ‘13,’.

Mr Jim Murphy

131

Schedule 8, page 82, line 39, after ‘3(3),’ insert ‘24(2) and (4),’.

Mr Jim Murphy

132

Schedule 8, page 82, line 39, at end insert ‘and (3),’.

Mr Jim Murphy

133

Schedule 8, page 82, line 43, after ‘paragraphs’ insert ‘19(2), (3) and (5),’.

Mr Jim Murphy

134

Schedule 8, page 82, line 43, after ‘paragraphs’ insert ‘25,’.

Mr Jim Murphy

135

Schedule 8, page 82, line 43, after ‘paragraphs’ insert ‘26,’.

Mr Jim Murphy

136

Schedule 8, page 82, line 44, at end insert ‘and (4),’.

Mr Jim Murphy

137

Schedule 8, page 83, line 21, after ‘16(3),’ insert ‘18(3),’.

Mr Jim Murphy

138

Schedule 8, page 83, line 25, leave out ‘and’.

Mr Jim Murphy

139

Schedule 8, page 83, line 25, at end insert ‘and 30’.

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Mr Jim Murphy

72

Clause 67, page 47, line 24, leave out ‘Sections 41(1) to (10) and 42’ and insert ‘The following provisions’.

Mr Jim Murphy

73

Clause 67, page 47, line 24, at end insert—

‘(a) sections 41(1) to (10) and 42, and

(b) paragraphs 6, 11(2) and 15 of Schedule 3.’.

Mr Jim Murphy

74

Clause 67, page 47, line 24, at end insert—

‘( ) Paragraphs 1, 2, 4, 11(3), 13 and 21 of Schedule 3 extend to Scotland only.’.

Mr Jim Murphy

75

Clause 67, page 47, line 30, after ‘paragraphs’ insert ‘5,’.

Prepared: 28 November 2006