rs130901.53-59

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 9th January 2007
53

Welfare Reform Bill, continued

Mr Secretary Hutton

Agreed to  16

Page  48,  line  22  [Clause  67],  after ‘18’ insert ‘, 22(1) to (1B), (4) and (5)’.

Mr Secretary Hutton

Agreed to  17

Page  51,  line  43  [Schedule  1],  leave out ‘(g)’ and insert ‘(f)’.

John Robertson

John McDonnell

Not called  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

Agreed to  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

John McDonnell

Not moved  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

Agreed to  19

Page  66,  line  42  [Schedule  3],  leave out ‘income-related’.

Report Stage Proceedings: 9th January 2007
54

Welfare Reform Bill, continued

Mr Secretary Hutton

Agreed to  20

Page  67,  line  2  [Schedule  3],  leave out ‘income-related’ and insert ‘an’.

Mr Secretary Hutton

Agreed to  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

Agreed to  22

Page  67,  line  5  [Schedule  3],  leave out paragraph (c).

Mr Secretary Hutton

Agreed to  23

Page  67,  line  13  [Schedule  3],  leave out ‘income-related’.

Mr Secretary Hutton

Agreed to  24

Page  67,  line  15  [Schedule  3],  leave out paragraph (b).

Mr Secretary Hutton

Agreed to  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

Agreed to  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

Report Stage Proceedings: 9th January 2007
55

Welfare Reform Bill, continued

be treated as not having limited capability for work for that period, and

vice versa.”’.

Mr Secretary Hutton

Agreed to  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

Agreed to  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

Agreed to  29

Page  71,  line  12  [Schedule  3],  at beginning insert ‘In that section,’.

Mr Secretary Hutton

Agreed to  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—

Report Stage Proceedings: 9th January 2007
56

Welfare Reform Bill, continued

““income-related allowance” has the same meaning as in Part 1 of the

Welfare Reform Act 2007 (employment and support allowance);”.’.

Mr Secretary Hutton

Agreed to  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

Agreed to  32

Page  73,  line  1  [Schedule  4],  after ‘allowance’ insert ‘of such a kind as the

regulations may provide’.

John Robertson

Not called  109

Page  73,  line  19  [Schedule  4],  after ‘which’, insert ‘either’.

John Robertson

Not called  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

Not called  110

Page  73,  line  43  [Schedule  4],  after ‘which’, insert ‘either’.

John Robertson

Not called  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

Mr Jeremy Hunt

Mr Tim Boswell

Not called  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—

Report Stage Proceedings: 9th January 2007
57

Welfare Reform Bill, continued

(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—

(i)
the extent to which a person still has capability for work,

(ii)
the extent to which his capability for work may be improved

by the taking of steps in relation to his physical or mental

condition, and

(iii)
such other matters relating to his physical or mental condition

and the likelihood of his obtaining or remaining in work or

being able to do so, as may be prescribed.

(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—

(i)
the form of action plans;

(ii)
the content of action plans; and

(iii)
the review and updating of action plans.

(j)
Subject to sub-paragraphs (1)(a) to (i) above, in respect of a person

who is entitled to an existing award regulations may—

(i)
make provision for converting existing awards into awards of

an employment and support allowance, and with respect to the

terms of the conversion;

(ii)
make provision for the termination of existing awards in

prescribed circumstances.’.

John Robertson

John McDonnell

Not called  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’.

Report Stage Proceedings: 9th January 2007
58

Welfare Reform Bill, continued

Mr Gordon Marsden

Roger Berry

Not selected  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

Agreed to  33

Page  74,  line  30  [Schedule  4],  after ‘30A’ insert ‘, 40 or 41’.

Mr Secretary Hutton

Agreed to  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

Agreed to  35

Page  74,  line  32  [Schedule  4],  leave out from second ‘of’ to ‘as’ in line 34 and

insert ‘those regulations’.

Mr Secretary Hutton

Agreed to  36

Page  74,  line  39  [Schedule  4],  after first ‘of’ insert—

‘(i)
’.

Mr Secretary Hutton

Agreed to  37

Page  74,  line  39  [Schedule  4],  after ‘(b)’ insert ‘, 8, 10, 12 or 13’.

Mr Secretary Hutton

Agreed to  38

Page  74,  line  41  [Schedule  4],  after ‘work’ insert ‘or disability’.

Mr Secretary Hutton

Agreed to  39

Page  74,  line  41  [Schedule  4],  at end insert ‘, or

(ii)
regulation 13(2)(b) or (bb) of, and paragraph 15 of Schedule

1B to, those regulations (income support for disabled persons

in education).’.

Mr Secretary Hutton

Agreed to  40

Page  75,  line  5  [Schedule  4],  after ‘Part’ insert ‘, or any other enactment relating to

social security,’.

Report Stage Proceedings: 9th January 2007
59

Welfare Reform Bill, continued

Mr Secretary Hutton

Agreed to  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 Interpretation Act 1978 (c. 30)).’.

Mr Secretary Hutton

Agreed to  42

Page  75,  line  30  [Schedule  4],  after ‘30A’ insert ‘, 40 or 41’.

Mr Secretary Hutton

Agreed to  43

Page  75,  line  34  [Schedule  4],  at end insert—

‘(i)
’.

Mr Secretary Hutton

Agreed to  44

Page  75,  line  35  [Schedule  4],  after ‘(b)’ insert ‘, 8, 10, 12 or 13’.

Mr Secretary Hutton

Agreed to  45

Page  75,  line  36  [Schedule  4],  at end insert ‘, or

(ii)
regulation 13(2)(b) or (bb) of, and paragraph 15 of Schedule

1B to, those regulations.’.

Mr Secretary Hutton

Agreed to  46

Page  82,  [Schedule  8],  leave out line 46.

Mr Secretary Hutton

Agreed to  47

Page  84,  line  21  [Schedule  8],  at end insert—

‘Section 31(1).’.