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Tuesday 9th January 2007 Consideration of Bill New Amendments handed in are marked thus * Welfare Reform Bill, As Amended Note The Amendments have been arranged in accordance with the Welfare Reform Bill (Programme) (No. 3) Motion to be proposed by Mr Secretary Hutton. New Clauses The principles Mr Tim Boswell
NC1 To move the following Clause:— ‘(1) The following principles apply for the purposes of this Act: (2) Regard shall be paid at all times to the best interests of the claimant and wherever possible to the best interests of any dependent of that claimant. (3) No claimant shall be expected or required by any public official to embark on a course of action which could reasonably be foreseen as detrimental to their health. (4) No requirement shall be set which is likely to have an adverse impact on the financial position of any claimant if his failure to meet prescribed conditions arises from circumstances beyond his control. (5) No sanction by way of withdrawal or reduction of any benefit shall be imposed on a claimant if his failure to meet the prescribed conditions arises from circumstances beyond his control. (6) The claimant has a right to proper consideration of all relevant medical factors affecting his ability to work, including those arising from intermittent conditions or the interaction of multiple conditions. (7) Action required of claimants should be the minimum necessary to effect the objectives of that action. (8) Regard should be paid wherever practicable to the maintenance of the greatest possible freedom of action and choice of activity appropriate to the claimant. (9) Any condition applied to the payment of benefit to an individual shall be set equitably between that individual and others in similar relevant circumstances. (10) No individual shall lose entitlement as a consequence of compulsory migration from any benefit paid under previous enactments. (11) A claimant shall have the right to regular reviews of their situation and to request a review at any time. Report to Parliament Danny Alexander
NC2 To move the following Clause:— ‘The Secretary of State shall annually lay before Parliament a report on— (a) such information as he considers appropriate with respect to the extent to which employers are implementing the Disability Discrimination Act 1995 (c. 50), (b) information with respect to the extent to which support under section 2 of the Employment and Training Act 1973 is accessible to claimants, (c) information on the extent to which section 12 of this Act has been effective in assisting claimants enter and retain employment.’. Assessment of limited capability for work Danny Alexander
NC3 To move the following Clause:— ‘(1) The Secretary of State shall require the Office of Disability Issues to publish an annual report on the operation of the assessment for limited capability for work under section 8 of this Act. (2) In preparing its report the Office of Disability Issues shall be required to consult (a) the Commission for Equality and Human Rights, and (b) such other organizations as the Secretary of State shall by regulation determine.’. Winter fuel payments to disabled persons Danny Alexander
NC4 To move the following Clause:— ‘The Secretary of State shall by order amend Regulation (6) of the Social Fund Winter Fuel Payments Regulations 1998 to extend its provision to those in receipt of— (a) the higher or middle rate of Disability Living Allowance care component or (b) additional disability premiums under the ESA.’. Liaison with employers Roger Berry
NC5 To move the following Clause:— ‘The Secretary of State shall take such steps as he deems necessary to:— (a) increase employers’ awareness of claimants of an employment and support allowance as potential employees; (b) promote to employers the benefits of employing claimants of an employment and support allowance.’. Exemption from prescription charges John Robertson
NC6 To move the following Clause:— ‘The Secretary of State shall take such steps as are necessary to ensure that those for whom employment and support allowance (income-based or contribution-based) is their only household income and who satisfy the savings threshold for income-based ESA are exempt from prescription charges.’. Participation in work-focused interviews Mr David Ruffley
NC7 To move the following Clause:— ‘(1) Members of the support group wishing to participate in work-focused interviews may do so on a voluntary basis. (2) The Secretary of State may by regulation define— (a) the maximum numbers of interviews they may attend, (b) circumstances in which participation in one or more interviews is not a condition of entitlement to the full amount payable under the employment and support allowance.’. Annual report to Parliament on employment practices Mr David Ruffley
NC8 To move the following Clause:— ‘The Secretary of State shall annually lay before Parliament a report on public and private sector practices with regard to disabled employees.’. Earnings disregard Mr David Ruffley
NC9 To move the following Clause:— ‘(1) The Secretary of State may make regulations determining the level of earnings disregard for claimants of Employment and Support Allowance. (2) In determining the level of earnings disregard under subsection (1) the Secretary of State shall have regard to labour market conditions including the National Minimum Wage as defined under section 1 of the National Minimum Wage Act 1998 (c. 39).’. Danny Alexander
6 Page 1, line 15 [Clause 1], leave out ‘limited capacity for work’ and insert ‘a work-related disadvantage due to his physical or mental condition.’. Mr Gordon Marsden
114 Page 2, line 4 [Clause 1], leave out ‘or’ and insert ‘and/or’. Roger Berry
73 Page 2, line 4 [Clause 1], after ‘condition’, insert ‘or societal factors related to his condition’. Danny Alexander
55 Page 2, line 29 [Clause 2], leave out ‘ended’ and insert ‘started’. Danny Alexander
56 Page 2, line 33 [Clause 2], leave out ‘ended’ and insert ‘started’. Danny Alexander
49 Page 2, line 43 [Clause 2], at end insert— ‘(d) make provision for any entitlement during the assessment phase to the support component or the work-related activity component to be paid at the end of the assessment phase.’. Danny Alexander
50 Page 2, line 43 [Clause 2], at end insert— ‘(4A) Regulations may make provision for the maximum interval between a claim being made and the commencement of the assessment phase.’. John Robertson 111 Page 2, line 45 [Clause 2], at end insert— ‘( ) he is undergoing or recovering from treatment for a serious or life-threatening illness or is terminally ill as prescribed through regulations, or’. Mr Gordon Marsden
115 Page 3, line 1 [Clause 2], leave out ‘or’ and insert ‘and/or’. Roger Berry
74 Page 3, line 2 [Clause 2], after ‘condition’, insert ‘or societal factors related to his condition’. John Robertson 106 Page 3, line 4 [Clause 2], at end insert— ‘(6) For the purposes of this Part, the assessment phase for a person who is terminally ill as prescribed through regulations will be waived.’. Danny Alexander
51 Page 4, line 24 [Clause 4], leave out ‘ended’ and insert ‘started’. Danny Alexander
52 Page 4, line 28 [Clause 4], leave out ‘ended’ and insert ‘started’. Danny Alexander
53 Page 4, line 38 [Clause 4], at end insert— ‘(d) make provision for any entitlement during the assessment phase to the support component or the work-related activity component to be paid at the end of the assessment phase.’. Danny Alexander
54 Page 4, line 38 [Clause 4], at end insert— ‘(d) make provision for the maximum interval between a claim being made and the commencement of the assessment phase.’. Mr Terry Rooney
59 Page 6, line 12 [Clause 8], leave out ‘or’ and insert ‘and/or’. Roger Berry
75 Page 6, line 12 [Clause 8], after ‘condition’, insert ‘or societal factors related to his condition’. Roger Berry
78 Page 6, line 18 [Clause 8], leave out from first ‘to’ to end of line 20 and insert ‘such matters as the regulations may provide’. Roger Berry
79 Page 6, line 28 [Clause 8], leave out ‘medical examination’ and insert ‘assessment’. Roger Berry
80 Page 6, line 37 [Clause 8], leave out ‘a medical examination’ and insert ‘an assessment’. Roger Berry
76 Page 7, line 9 [Clause 9], after ‘condition’, insert ‘or societal factors related to his condition’. Mr Terry Rooney
60 Page 7, line 14 [Clause 9], leave out ‘or’ and insert ‘and/or’. Roger Berry
81 Page 7, line 30 [Clause 9], leave out from ‘medical examination’ and insert ‘assessment’. Roger Berry
82 Page 7, line 38 [Clause 9], leave out ‘a medical examination’ and insert ‘an assessment’. Danny Alexander
3 Page 8, line 1, leave out Clause 10. Roger Berry
88 Page 8, line 2 [Clause 10], leave out ‘health-related’. Mr David Ruffley
103 Page 8, line 6 [Clause 10], after ‘group’, insert ‘or a person who has an existing award falling within paragraph (6) of Schedule 4.’. Mr Terry Rooney
58 Page 8, line 6 [Clause 10], at end insert ‘and (c) not in the assessment phase of a claim for an employment and support allowance,’. Roger Berry
89 Page 8, line 7 [Clause 10], leave out ‘health-related’. Mr Gordon Marsden
116 Page 8, line 9 [Clause 10], at end insert— ‘(1A) Such an assessment may not take place earlier than 2 weeks after the assessments to determine limited capability for work or limited capability of work-related activity.’. Roger Berry
90 Page 8, line 12 [Clause 10], leave out ‘health-related’. Roger Berry
91 Page 8, line 15 [Clause 10], leave out ‘health-related’. Mr Terry Rooney
57 Page 8, line 18 [Clause 10], at end insert ‘in accordance with the choice and requirements of such a person’. Danny Alexander
1 Page 8, line 21 [Clause 10], leave out paragraph (f). Roger Berry
92 Page 8, line 22 [Clause 10], leave out ‘health-related’. Danny Alexander
2 Page 8, line 32 [Clause 10], leave out subsection (3). Roger Berry
93 Page 8, line 44 [Clause 10], leave out ‘health-related’. Roger Berry
94 Page 9, line 2 [Clause 10], leave out ‘health-related’. Roger Berry
95 Page 9, line 8 [Clause 10], leave out ‘health-related’. Roger Berry
96 Page 9, line 11 [Clause 10], leave out ‘health-related’. Roger Berry
83 Page 9, line 12 [Clause 10], leave out ‘health care’. Roger Berry
72 Page 9, line 16 [Clause 10], leave out ‘his physical or mental condition’ and insert ‘factors that limit his capability to work’. Roger Berry
77 Page 9, line 16 [Clause 10], after ‘condition’, insert ‘or societal factors related to his condition’. Roger Berry
86 Page 9, line 16 [Clause 10], leave out ‘and’ and insert— ‘( ) the extent to which his capability for work may be improved by the taking of steps by the Secretary of State in relation to factors that limit his capability to work, and’. Roger Berry
84 Page 9, line 20 [Clause 10], leave out ‘health care’. Roger Berry
85 Page 9, line 23 [Clause 10], at end insert ‘or is concerned with the employment of such individuals’. Mr David Ruffley
104 Page 9, line 28 [Clause 11], at end insert ‘or a person who has an existing award falling within paragraph (6) of Schedule 4.’. Roger Berry
87 Page 11, line 22 [Clause 12], at end insert— ‘(j) for notifying a person not subject to a requirement to undertake work-related activity that he may participate in work-related activity on a voluntary basis.’. Mr Secretary Hutton 7 Page 12, line 33 [Clause 14], leave out subsection (4). Roger Berry
97 Page 12, line 42 [Clause 15], at end insert— ‘( ) A person authorised to exercise the functions specified under subsection (1) may be required to meet such conditions in relation to claimants with particular disabilities or health conditions as the Secretary of State may by regulation require.’. Mr Gordon Marsden
117 Page 12, line 42 [Clause 15], at end insert— ‘(1A) A person authorised to exercise the functions specified under subsection (1) may be re quired to demonstrate evidence of the integration of their functions with the functions of other persons and programmes where relevant and appropriate.’. Mr Gordon Marsden
118 Page 12, line 42 [Clause 15], at end insert— ‘(1A) A person authorised to exercise the functions specified under subsection (1) may be re quired to demonstrate their progress on dismantling barriers to work for disabled people through the implementation of an compliance with the Disability Discrimination Act 2005 and through other means.’. Mr Secretary Hutton 8 Page 13, line 4 [Clause 15], leave out from ‘function’ to ‘regulations’ in line 5 and insert ‘under’. Danny Alexander
4 Page 13, line 5 [Clause 15], leave out ‘10’ and insert ‘11’. Mr Secretary Hutton 9 Page 13, line 6 [Clause 15], leave out paragraph (b). Mr Terry Rooney
64 Page 13, line 26 [Clause 15], at end insert— ‘( ) Regulations under subsection (2) may make provision as to circumstances in which the Secretary of State may make such payments to such persons as are authorised to exercise his functions upon a claimant of an employment and support allowance remaining in paid employment for hours prescribed in the regulations for a period of at least six months.’. Mr Secretary Hutton 10 Page 14, line 6 [Clause 15], at end insert— ‘( ) Any decision which a person authorised to exercise
any function by virtue of subsection (1), or by virtue of regulations
under subsection (2), makes in exercise of the function shall have effect
as a decision of the Secretary of State under section 8 of the Mr Secretary Hutton 11 Page 14, line 17 [Clause 15], at end insert— ‘( ) In this section, references to functions of the Secretary of State under— (a) an enactment contained in, or in regulations under, this Part, or (b) an enactment contained in Chapter 2 of Part 1 of the
include a reference to any function which the Secretary of State has by virtue of the application in relation to that enactment of section 8(1)(c) of that Act (decisions under certain enactments to be made by the Secretary of State).’. |
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| © Parliamentary copyright 2007 | Prepared: 9 January 2007 |