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| Tuesday 28th November 2006 |
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| [Thirteenth and fourteenth Sittings]
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| Clause 36, page 29, line 40, leave out ‘may’ and insert ‘must’. |
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| Clause 36, page 30, line 6, at end insert— |
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| | ‘( ) | Regulations made under subsection (2) may provide for— |
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| | (a) | a requirement by the authority administering the benefit to ensure access |
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| | to free financial advice and education for any person entitled to housing |
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| | benefit and receiving direct payments of that benefit, and |
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| | (b) | a requirement for the authority to identify vulnerable claimants, or to |
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| | allow vulnerable claimants to self-identify, who are unlikely to have |
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| | sufficient financial management skills for accepting direct payment of |
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| | housing benefit; and to allow for the payments of benefits to be made to |
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| | a third party for claimants identified as vulnerable.’. |
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| new clauses relating to part 2 |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State shall make regulations such that the non-dependent |
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| | (b) | council tax benefit; and |
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| | (c) | Local Housing Allowance |
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| | | shall be nil where the non-dependent— |
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| | (i) | is in non-remunerative work, or |
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| | (ii) | has a gross income from remunerative work of under £101.00 per |
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| | Possession action for rent arrears involving housing benefit |
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| To move the following Clause:— |
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| | ‘(1) | Section 7 (orders for possession) of the Housing Act 1988 (c. 50) is amended as |
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| | (2) | In subsection (3), for “subsections (5A) and (6)” substitute “subsections (5A), (6) |
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| | (3) | In subsection (4), for “subsections (5A) and (6)” substitute “subsections (5A), (6) |
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| | (4) | After subsection (6), insert— |
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| | “(6A) | If the court is satisfied— |
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| | (a) | that Ground 8 in Part I of Schedule 2 to this Act is established; |
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| | (b) | that rent is in arrears as mentioned in that Ground as a |
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| | consequence of a delay or failure in the payment of relevant |
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| | housing benefit, it shall not make an order for possession unless |
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| | it considers it reasonable to do so.”. |
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| | “(8) | In subsection (6A) above— |
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| | (a) | “relevant housing benefit” means— |
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| | (i) | any rent allowance or rent rebate to which the tenant was |
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| | entitled in respect of the rent under the Housing Benefit |
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| | Regulations 2006 (S.I. 2006/213); or |
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| | (ii) | any payment on account of any such entitlement |
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| | awarded under Regulation 93 of those Regulations; |
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| | (b) | references to delay or failure in the payment of relevant housing |
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| | benefit do not include such delay or failure so far as referrable to |
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| | 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 |
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| To move the following Clause:— |
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| | ‘(1) | This section applies where a person is moving from a dwelling at which he |
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| | qualifies for payment of Housing Benefit to another dwelling at which he will |
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| | qualify for payment of Housing Benefit. |
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| | (2) | Regulations may make provisions that such a person may be treated as occupying |
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| | both dwellings as his home and be eligible for Housing Benefit in respect of both |
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| | homes for a period not exceeding four weeks if he could not reasonably have |
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| | avoided rental liability in respect of the two dwellings. |
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| | (3) | Regulations under subsection (2) may allow for Housing Benefit to be paid in |
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| | respect of both dwellings for a period exceeding four weeks where the applicant |
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| | is awaiting the outcome of an application under Part III of the Social Security Act |
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| | 1988 (c. 7) for a social fund payment to meet a need arising out of the move or in |
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| | connection with setting up the home in the dwelling.’. |
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| | Interim payment of rent allowance on account |
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| To move the following Clause:— |
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| | ‘Where a relevant local authority has not determined a claim for rent allowance |
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| | within 14 days of receipt of that claim, in such circumstances as the Secretary of |
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| | State may by regulation define, the authority shall make a payment on account of |
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| | Local Housing Allowance: transitional arrangements |
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| To move the following Clause:— |
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| | ‘Regulations may make provision for those in receipt of Housing Benefit to be |
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| | entitled to claim Local Housing Allowance from the coming into force of this |
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| To move the following Clause:— |
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| | ‘(1) | For the purposes of section 75(1) of the Social Security Administration Act 1992 |
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| | any amount of housing benefit paid in excess of entitlement may not be recovered |
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| | if the overpayment was the fault of the Secretary of State. |
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| | (2) | For the purposes of section 76(1) of the Social Security Administration Act 1992 |
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| | any excess benefit may not be recovered if the payment of excess benefit was the |
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| | fault of the Secretary of State.’. |
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| Clause 40, page 33, line 6, after ‘evidence’, insert ‘other than medical evidence’. |
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| Clause 41, page 34, line 23, after second ‘information’, insert ‘excluding medical |
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| Clause 41, page 34, line 35, after ‘function’, insert ‘prescribed by the Secretary of |
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| Clause 41, page 34, line 41, after ‘function’, insert ‘prescribed by the Secretary of |
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| Clause 41, page 35, line 20, leave out paragraph (a). |
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| Clause 41, page 35, line 22, at end insert— |
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| | ‘(10) | A person who is the subject of information that has been supplied in accordance |
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| | with subsection (1) shall be notified in respect of— |
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| | (a) | the information provided, and |
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| | (b) | the person to whom that information has been given.’. |
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| Clause 43, page 36, line 34, leave out subsection (2). |
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| Clause 44, page 37, line 5, leave out subsection (2). |
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| Clause 45, page 37, line 30, at end insert— |
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| | ‘(1C) | An authorisation made for a purpose mentioned in section 109A(2)(a), (c) or |
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| | (a) | is subject to such restrictions as may be prescribed; |
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| | (b) | is not valid in such circumstances as may be prescribed.’. |
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| | Clause, as amended, Agreed to. |
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| Clause 46, page 38, line 2, at end insert ‘unless— |
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| | (a) | the proceedings relate to any benefit or circumstances or any description |
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| | of benefit or circumstances which the Secretary of State prescribes for the |
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| | purposes of this paragraph, or |
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| | (b) | the Secretary of State has directed that the authority must not bring the |
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| | | and a direction under paragraph (b) may relate to a particular authority or |
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| | description of authority or to particular proceedings or any description of |
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| Clause 46, page 38, leave out lines 7 to 10 and insert— |
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| | ‘(3A) | The Secretary of State may continue proceedings which have been brought by an |
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| | authority under this section as if the proceedings had been brought in his name or |
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| | he may discontinue the proceedings if— |
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| | (a) | he makes provision under subsection (2)(a), such that the authority would |
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| | no longer be entitled to bring the proceedings under this section, |
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| | (b) | he gives a direction under subsection (2)(b) in relation to the proceedings, |
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| | (c) | a condition prescribed under subsection (3) ceases to be satisfied in |
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| | relation to the proceedings.’. |
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| Clause 46, page 38, line 10, at end insert— |
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| | ‘( ) | In the exercise of its power under subsection (2), a local authority must have |
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| | regard to the Code for Crown Prosecutors issued by the Director of Public |
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| | Prosecutions under section 10 of the Prosecution of Offences Act 1985— |
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| | (a) | in determining whether the proceedings should be instituted; |
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| | (b) | in determining what charges should be preferred; |
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| | (c) | in considering what representations to make to a magistrates’ court about |
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| | (d) | in determining whether to discontinue proceedings.’. |
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| | Clause, as amended, Agreed to. |
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| | Clauses 47 to 52 Agreed to. |
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| [Adjourned till Thursday at 9.10 a.m. |
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