| Welfare Reform Bill, As Amended - continued | House of Commons |
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Mr David Ruffley
112 Page 14, line 17 [Clause 15], at end insert— ‘( ) Where a person is authorised to exercise any function by virtue of subsection (1) or by virtue of regulations under subsection (2), he must submit annually to the Secretary of State the number of people he supports who— (a) undertake work-related activity (b) enter employment (c) have remained in employment for periods of 6 months or more for such impairments as the Secretary of State may by regulation prescribe.’. Mr David Ruffley
113 Page 14, line 17 [Clause 15], at end insert— ‘( ) No person will be authorised to exercise any function by virtue of subsection (1) or by virtue of regulations made under subsection (2) unless he is able to secure specialist support for certain physical and mental impairments as may be prescribed.’. Roger Berry
71 Page 14, line 44 [Clause 17], at end insert— ‘(1A) For the purpose of subsection 1, a person would not be disqualified on the grounds of failing to take medication presented by such persons as the Secretary of State may by regulation define.’. Mr Terry Rooney
61 Page 15, line 18 [Clause 18], leave out ‘sections 3, 8 and 9’, and insert ‘section 3’. Mr Terry Rooney
62 Page 15, line 25 [Clause 18], at end insert— ‘(c) assess a person’s limited capability for work, or limited capability for work related activity.’. Mr Terry Rooney
63 Page 15, line 38 [Clause 18], at end insert— ‘(8) Any variation to regulations made under section (8) or section (9) should initially have effect as a pilot scheme and be independently evaluated prior to introduction.’. Mr Secretary Hutton 13 Page 48, line 3 [Clause 66], after ‘Act’ insert ‘, except Part 1,’. Mr Secretary Hutton 14 Page 48, line 8 [Clause 66], leave out subsection (3). Mr Secretary Hutton 15 Page 48, line 22 [Clause 67], leave out ‘10(28)’ and insert ‘10(1) and (28)’. Mr Secretary Hutton 16 Page 48, line 22 [Clause 67], after ‘18’ insert ‘, 22(1) to (1B), (4) and (5)’. Mr Secretary Hutton 17 Page 51, line 43 [Schedule 1], leave out ‘(g)’ and insert ‘(f)’. John Robertson
98 Page 54, line 12 [Schedule 2], at end insert— ‘( ) for a person to be treated as having a limited capability for work where it has been decided that he does not have a limited capability for work but he is appealing against that decision.’. Mr Secretary Hutton 18 Page 55, line 37 [Schedule 2], at end insert— ‘(aa) for the question of whether a person has limited capability for work-related activity to be determined notwithstanding that he is for the time being treated by virtue of regulations under sub-paragraph (a) as having limited capability for work-related activity;’. John Robertson
99 Page 55, line 39 [Schedule 2], at end insert— ‘( ) for a person to be treated as having a limited capability for work-related activity where it has been decided that he does not have a limited capability for work-related activity but he is appealing against that decision.’. Mr Secretary Hutton 19 Page 66, line 42 [Schedule 3], leave out ‘income-related’. Mr Secretary Hutton 20 Page 67, line 2 [Schedule 3], leave out ‘income-related’ and insert ‘an’. Mr Secretary Hutton 21 Page 67, line 4 [Schedule 3], at end insert— ‘( ) in that paragraph, in sub-paragraph (1)(d), after “state pension credit” insert “, deductions from an employment and support allowance”.’. Mr Secretary Hutton 22 Page 67, line 5 [Schedule 3], leave out paragraph (c). Mr Secretary Hutton 23 Page 67, line 13 [Schedule 3], leave out ‘income-related’. Mr Secretary Hutton 24 Page 67, line 15 [Schedule 3], leave out paragraph (b). Mr Secretary Hutton 25 Page 68, line 10 [Schedule 3], at end insert— ‘Pensions Act 1995 (c. 26) In Schedule 4 to the Pensions Act 1995 (equalisation of pensionable ages for men and women), in paragraph 1 (enactments for the purposes of which the rules for determining pensionable age apply) for “and the State Pension Credit Act 2002” substitute “, the State Pension Credit Act 2002 and Part 1 of the Welfare Reform Act 2007”.’. Mr Secretary Hutton 26 Page 69, line 39 [Schedule 3], at end insert— ‘() In section 31 (incapacity for work), after subsection (1) insert— “(1A) Regulations may provide that a determination that a person is disqualified for any period in accordance with regulations under section 17(1) to (3) of the Welfare Reform Act 2007 shall have effect for such purposes as may be prescribed as a determination that he is to be treated as not having limited capability for work for that period, and vice versa.”’. Mr Secretary Hutton 27 Page 71, line 7 [Schedule 3], leave out sub-paragraph (1) and insert— ‘(1) The Social Security Fraud Act 2001 is amended as follows. (1A) In section 7 (loss of benefit for commission of benefit offences) after subsection (4A) insert— “(4B) The Secretary of State may by regulations provide that, where the sanctionable benefit is employment and support allowance, any income-related allowance shall be payable, during the whole or a part of any period comprised in the disqualification 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.” (1B) In that section, in subsection (8) (interpretation), in the definition of “disqualifying benefit”, after paragraph (aa) insert— “(ab) any benefit under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) or under any provision having effect in Northern Ireland corresponding to that Part;”.’. Mr Secretary Hutton 28 Page 71, line 9 [Schedule 3], after ‘In’ insert ‘section 9 (effect of offences on benefits of members of offender’s family), in’. Mr Secretary Hutton 29 Page 71, line 12 [Schedule 3], at beginning insert ‘In that section,’. Mr Secretary Hutton 30 Page 71, line 26 [Schedule 3], at end insert— ‘(4) In section 10 (power to supplement and mitigate loss of benefit provisions), in subsection (3) (definition of “social security benefit”), after paragraph (bb) insert— “(bc) any benefit under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) or under any provision having effect in Northern Ireland corresponding to that Part;”. (5) In section 13 (interpretation of sections 7 to 12), after the definitions by reference to the Jobseekers Act 1995 insert— ““income-related allowance” has the same meaning as in Part 1 of the Welfare Reform Act 2007 (employment and support allowance);”.’. Mr Secretary Hutton 31 Page 72, line 13 [Schedule 4], at end insert— ‘General power to provide for transition relating to Part 1 (1) Regulations may make such provision as the Secretary of State considers necessary or expedient— (a) in connection with the coming into force of any provision of, or repeal relating to, this Part, or (b) otherwise for the purposes of, or in connection with, the transition to employment and support allowance. (2) The following provisions of this Schedule are not to be taken as prejudicing the generality of sub-paragraph (1).’. Mr Secretary Hutton 32 Page 73, line 1 [Schedule 4], after ‘allowance’ insert ‘of such a kind as the regulations may provide’. John Robertson 109 Page 73, line 19 [Schedule 4], after ‘which’, insert ‘either’. John Robertson 107 Page 73, line 21 [Schedule 4], at end insert ‘or match the level of the award of the employment and support allowance, whichever is the greater.’. John Robertson 110 Page 73, line 43 [Schedule 4], after ‘which’, insert ‘either’. John Robertson 108 Page 73, line 45 [Schedule 4], at end insert ‘or match the level of the award of the employment and support allowance, whichever is the greater.’. Mr David Ruffley
105 Page 73, line 47 [Schedule 4], leave out sub-paragraph (1) and insert— ‘(1) In respect of a person who is entitled to an existing award— (a) Regulations may make provision for or in connection with enabling such a person to take part in one or more work-focused health-related assessments. (b) “Work-focused health-related assessment” in sub-paragraph (1)(a) means an assessment by a health care professional approved by the Secretary of State which is carried out for the purpose of assessing— (c) The reference in sub-paragraph (1)(b) to a health care professional is to a member of a profession (regulated by, or by virtue of, any enactment) which is concerned (wholly or partly) with the physical or mental health of individuals. (d) Regulations may also make provision for or in connection with enabling such a person to take part in one or more work-focused interviews. (e) “Work focused interview” in sub-paragraph (1)(d) means an interview by the Secretary of Sate conducted for such purposes connected with enabling the person interviewed to obtain work, or enabling him to stay in work, as may be prescribed. (f) Regulations may also make provision for or in connection with enabling a person to whom sub-paragraph (1)(d) applies to undertake work-related activity in acordance with regulations. (g) For the purposes of this paragraph, “work related activity”, in relation to a person, means activity which makes it more likely that the person will obtain or remain in work or be able to do so. (h) The Secretary of Sate shall in prescribed circumstances provide a person under sub-paragraph (1)(d) with a document prepared for such purposes as may be prescribed (referred to as an action plan). (i) Regulations may make provision about— (j) Subject to sub-paragraphs (1)(a) to (i) above, in respect of a person who is entitled to an existing award regulations may— John Robertson
100 Page 73, line 47 [Schedule 4], at beginning insert ‘Save that a person entitled to an existing award may not be subject to sections 10 to 14 of this Act’. Mr Gordon Marsden
119 Page 74, line 10 [Schedule 4], at end insert— ‘(aa) make provision for the application for a conversion of an existing award by those persons who have been claiming an existing benefit;’. Mr Secretary Hutton 33 Page 74, line 30 [Schedule 4], after ‘30A’ insert ‘, 40 or 41’. Mr Secretary Hutton 34 Page 74, line 31 [Schedule 4], at end insert— ‘( ) an award of long-term incapacity benefit under regulation 11(4) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (S.I. 1995/310) (former sickness benefit);’. Mr Secretary Hutton 35 Page 74, line 32 [Schedule 4], leave out from second ‘of’ to ‘as’ in line 34 and insert ‘those regulations’. Mr Secretary Hutton 36 Page 74, line 39 [Schedule 4], after first ‘of’ insert— Mr Secretary Hutton 37 Page 74, line 39 [Schedule 4], after ‘(b)’ insert ‘, 8, 10, 12 or 13’. Mr Secretary Hutton 38 Page 74, line 41 [Schedule 4], after ‘work’ insert ‘or disability’. Mr Secretary Hutton 39 Page 74, line 41 [Schedule 4], at end insert ‘, or Mr Secretary Hutton 40 Page 75, line 5 [Schedule 4], after ‘Part’ insert ‘, or any other enactment relating to social security,’. Mr Secretary Hutton 41 Page 75, line 9 [Schedule 4], at end insert— ‘( ) In this paragraph “enactment”
includes an enactment contained in subordinate legislation (within the
meaning of the Mr Secretary Hutton 42 Page 75, line 30 [Schedule 4], after ‘30A’ insert ‘, 40 or 41’. Mr Secretary Hutton 43 Page 75, line 34 [Schedule 4], at end insert— Mr Secretary Hutton 44 Page 75, line 35 [Schedule 4], after ‘(b)’ insert ‘, 8, 10, 12 or 13’. Mr Secretary Hutton 45 Page 75, line 36 [Schedule 4], at end insert ‘, or Mr Secretary Hutton 46 Page 82, [Schedule 8], leave out line 46. Mr Secretary Hutton 47 Page 84, line 21 [Schedule 8], at end insert—
Mr Andrew Love
Dr Brian Iddon Mrs Madeleine Moon Andrew Stunell Mr Elfyn Llwyd Chris McCafferty Emily Thornberry Clive Efford Mr Marsha Singh Dr Doug Naysmith Ms Sally Keeble Jim Cousins Jeff Ennis Helen Goodman Richard Burden John McDonnell 48 Page 20, line 16 [Clause 29], at end insert— ‘( ) The AMHB shall vary only for those aged under 21.’. Danny Alexander
5 Page 20, line 33 [Clause 29], at end insert— ‘( ) The Appropriate Maximum Housing Benefit may not vary according to the age of the claimant.’. Mr Terry Rooney
67 Page 22, line 9 [Clause 30], leave out ‘five years’ and insert ‘twelve months’. Mr Terry Rooney
68 Page 22, line 18 [Clause 30], leave out ‘or may provide’ and insert ‘appropriate’. Mr Terry Rooney
69 Page 22, line 27 [Clause 30], at end insert— ‘(12) The former occupier may request an independent review of the specified actions contained in the written notice prescribed by the local authority under subsection (11).’. Mr Terry Rooney
66 Page 22, line 37 [Clause 30], at end insert— ‘( ) regulations reducing the rate of benefit must specify that the amount of housing benefit payable in respect of any week in Phase C of the restriction period shall not be reduced by a sum in excess of 50 per cent. of the amount of housing benefit to which the former occupier is entitled in that week, ( ) regulations reducing the rate of benefit for a former occupier who is a “person in hardship” must specify that the amount of housing benefit payable in respect of any week during the restriction period shall not be reduced by a sum in excess of 10 per cent of the amount of housing benefit to which the former occupier is entitled in that week.’. Mr Secretary Hutton 12 Page 29, line 36 [Clause 35], at end insert— ‘( ) A person who receives information by virtue of subsection (1) must not disclose the information to any person unless the disclosure is made— (a) for a purpose mentioned in that subsection (including disclosure to another rent officer in connection with any function he has under section 122 of the Housing Act 1996 relating to housing benefit), (b) in accordance with any other enactment, or (c) in accordance with the order of a court.’. Mr Terry Rooney
Mr Elfyn Llwyd John McDonnell 70 Page 29, line 39 [Clause 35], at end insert— ‘(4) In respect of determining the local housing allowance, the rent officer upon request, shall make available within a reasonable period the evidence and data used to calculate the local housing allowance. (5) In determining the broad rental market area or areas in relation to a local authority, the rent officer, upon request, shall make available within a reasonable period the evidence and data used to determine the broad rental market area or areas. (6) In determining the broad rental market area or areas, the rent officer shall consult with the relevant local authority or authorities on the boundaries and extent of that area or areas. (7) Consultation undertaken under subsection (6) shall be in accordance with such requirements as may be specified in regulations made by the Secretary of State. (8) In this section “broad rental market area” means an area— (a) comprising two or more distinct areas of residential accommodation, each distinct area of residential accommodation adjoining at least one other in the area; (b) within which a person could reasonably be expected to live having regard to facilities and services for the purposes of health, education, recreation, personal banking and shopping, taking account of the distance of travel, by public and private transport, to and from facilities and services of the same type and similar standard; and (c) containing residential premises of a variety of types, and including such premises held on a variety of tenancies.’. |
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| © Parliamentary copyright 2007 | Prepared: 9 January 2007 |