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| Page 48, line 22 [Clause 67], after ‘18’ insert ‘, 22(1) to (1B), (4) and (5)’. |
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| Page 51, line 43 [Schedule 1], leave out ‘(g)’ and insert ‘(f)’. |
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| Page 54, line 12 [Schedule 2], at end insert— |
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| | ‘( ) | for a person to be treated as having a limited capability for work where |
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| | it has been decided that he does not have a limited capability for work |
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| | but he is appealing against that decision.’. |
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| Page 55, line 37 [Schedule 2], at end insert— |
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| | ‘(aa) | for the question of whether a person has limited capability for work- |
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| | related activity to be determined notwithstanding that he is for the time |
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| | being treated by virtue of regulations under sub-paragraph (a) as |
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| | having limited capability for work-related activity;’. |
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| Page 55, line 39 [Schedule 2], at end insert— |
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| | ‘( ) | for a person to be treated as having a limited capability for work- |
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| | related activity where it has been decided that he does not have a |
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| | limited capability for work-related activity but he is appealing against |
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| Page 66, line 42 [Schedule 3], leave out ‘income-related’. |
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| Page 67, line 2 [Schedule 3], leave out ‘income-related’ and insert ‘an’. |
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| Page 67, line 4 [Schedule 3], at end insert— |
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| | ‘( ) | in that paragraph, in sub-paragraph (1)(d), after “state pension credit” |
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| | insert “, deductions from an employment and support allowance”.’. |
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| Page 67, line 5 [Schedule 3], leave out paragraph (c). |
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| Page 67, line 13 [Schedule 3], leave out ‘income-related’. |
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| Page 67, line 15 [Schedule 3], leave out paragraph (b). |
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| Page 68, line 10 [Schedule 3], at end insert— |
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| | ‘Pensions Act 1995 (c. 26) |
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| | | In Schedule 4 to the Pensions Act 1995 (equalisation of pensionable ages for |
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| | men and women), in paragraph 1 (enactments for the purposes of which the |
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| | rules for determining pensionable age apply) for “and the State Pension Credit |
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| | Act 2002” substitute “, the State Pension Credit Act 2002 and Part 1 of the |
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| | Welfare Reform Act 2007”.’. |
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| Page 69, line 39 [Schedule 3], at end insert— |
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| | ‘() | In section 31 (incapacity for work), after subsection (1) insert— |
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| | “(1A) | Regulations may provide that a determination that a person is |
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| | disqualified for any period in accordance with regulations under |
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| | section 17(1) to (3) of the Welfare Reform Act 2007 shall have effect |
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| | for such purposes as may be prescribed as a determination that he is to |
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| | be treated as not having limited capability for work for that period, and |
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| Page 71, line 7 [Schedule 3], leave out sub-paragraph (1) and insert— |
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| | ‘(1) | The Social Security Fraud Act 2001 is amended as follows. |
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| | (1A) | In section 7 (loss of benefit for commission of benefit offences) after |
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| | |
| | “(4B) | The Secretary of State may by regulations provide that, where the |
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| | sanctionable benefit is employment and support allowance, any |
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| | income-related allowance shall be payable, during the whole or a part |
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| | of any period comprised in the disqualification period, as if one or |
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| | more of the following applied— |
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| | (a) | the rate of the allowance were such reduced rate as may be |
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| | |
| | (b) | the allowance were payable only if there is compliance by the |
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| | offender with such obligations with respect to the provision of |
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| | information as may be imposed by the regulations; |
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| | (c) | the allowance were payable only if the circumstances are |
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| | otherwise such as may be prescribed.” |
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| | (1B) | In that section, in subsection (8) (interpretation), in the definition of |
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| | “disqualifying benefit”, after paragraph (aa) insert— |
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| | “(ab) | any benefit under Part 1 of the Welfare Reform Act 2007 |
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| | (employment and support allowance) or under any provision |
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| | having effect in Northern Ireland corresponding to that Part;”.’. |
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| Page 71, line 9 [Schedule 3], after ‘In’ insert ‘section 9 (effect of offences on |
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| benefits of members of offender’s family), in’. |
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| Page 71, line 12 [Schedule 3], at beginning insert ‘In that section,’. |
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| Page 71, line 26 [Schedule 3], at end insert— |
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| | ‘(4) | In section 10 (power to supplement and mitigate loss of benefit provisions), in |
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| | subsection (3) (definition of “social security benefit”), after paragraph (bb) |
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| | |
| | “(bc) | any benefit under Part 1 of the Welfare Reform Act 2007 |
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| | (employment and support allowance) or under any provision |
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| | having effect in Northern Ireland corresponding to that Part;”. |
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| | (5) | In section 13 (interpretation of sections 7 to 12), after the definitions by |
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| | reference to the Jobseekers Act 1995 insert— |
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| | ““income-related allowance” has the same meaning as in Part 1 of the |
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| | Welfare Reform Act 2007 (employment and support allowance);”.’. |
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| Page 72, line 13 [Schedule 4], at end insert— |
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| | ‘General power to provide for transition relating to Part 1 |
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| | (1) | Regulations may make such provision as the Secretary of State considers |
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| | |
| | (a) | in connection with the coming into force of any provision of, or repeal |
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| | relating to, this Part, or |
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| | (b) | otherwise for the purposes of, or in connection with, the transition to |
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| | employment and support allowance. |
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| | (2) | The following provisions of this Schedule are not to be taken as prejudicing the |
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| | generality of sub-paragraph (1).’. |
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| Page 73, line 1 [Schedule 4], after ‘allowance’ insert ‘of such a kind as the |
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| regulations may provide’. |
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| Page 73, line 19 [Schedule 4], after ‘which’, insert ‘either’. |
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| Page 73, line 21 [Schedule 4], at end insert ‘or match the level of the award of the |
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| employment and support allowance, whichever is the greater.’. |
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| Page 73, line 43 [Schedule 4], after ‘which’, insert ‘either’. |
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| Page 73, line 45 [Schedule 4], at end insert ‘or match the level of the award of the |
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| employment and support allowance, whichever is the greater.’. |
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| Page 73, line 47 [Schedule 4], leave out sub-paragraph (1) and insert— |
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| | ‘(1) | In respect of a person who is entitled to an existing award— |
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| | (a) | Regulations may make provision for or in connection with enabling |
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| | such a person to take part in one or more work-focused health-related |
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| | |
| | (b) | “Work-focused health-related assessment” in sub-paragraph (1)(a) |
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| | means an assessment by a health care professional approved by the |
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| | Secretary of State which is carried out for the purpose of assessing— |
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| | (i) | the extent to which a person still has capability for work, |
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| | (ii) | the extent to which his capability for work may be improved |
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| | by the taking of steps in relation to his physical or mental |
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| | |
| | (iii) | such other matters relating to his physical or mental condition |
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| | and the likelihood of his obtaining or remaining in work or |
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| | being able to do so, as may be prescribed. |
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| | (c) | The reference in sub-paragraph (1)(b) to a health care professional is |
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| | to a member of a profession (regulated by, or by virtue of, any |
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| | enactment) which is concerned (wholly or partly) with the physical or |
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| | mental health of individuals. |
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| | (d) | Regulations may also make provision for or in connection with |
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| | enabling such a person to take part in one or more work-focused |
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| | |
| | (e) | “Work focused interview” in sub-paragraph (1)(d) means an interview |
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| | by the Secretary of Sate conducted for such purposes connected with |
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| | enabling the person interviewed to obtain work, or enabling him to |
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| | stay in work, as may be prescribed. |
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| | (f) | Regulations may also make provision for or in connection with |
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| | enabling a person to whom sub-paragraph (1)(d) applies to undertake |
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| | work-related activity in acordance with regulations. |
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| | (g) | For the purposes of this paragraph, “work related activity”, in relation |
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| | to a person, means activity which makes it more likely that the person |
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| | will obtain or remain in work or be able to do so. |
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| | (h) | The Secretary of Sate shall in prescribed circumstances provide a |
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| | person under sub-paragraph (1)(d) with a document prepared for such |
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| | purposes as may be prescribed (referred to as an action plan). |
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| | (i) | Regulations may make provision about— |
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| | (i) | the form of action plans; |
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| | (ii) | the content of action plans; and |
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| | (iii) | the review and updating of action plans. |
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| | (j) | Subject to sub-paragraphs (1)(a) to (i) above, in respect of a person |
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| | who is entitled to an existing award regulations may— |
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| | (i) | make provision for converting existing awards into awards of |
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| | an employment and support allowance, and with respect to the |
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| | |
| | (ii) | make provision for the termination of existing awards in |
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| | prescribed circumstances.’. |
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| Page 73, line 47 [Schedule 4], at beginning insert ‘Save that a person entitled to an |
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| existing award may not be subject to sections 10 to 14 of this Act’. |
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| Page 74, line 10 [Schedule 4], at end insert— |
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| | ‘(aa) | make provision for the application for a conversion of an existing |
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| | award by those persons who have been claiming an existing benefit;’. |
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| Page 74, line 30 [Schedule 4], after ‘30A’ insert ‘, 40 or 41’. |
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| |
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| Page 74, line 31 [Schedule 4], at end insert— |
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| | ‘( ) | an award of long-term incapacity benefit under regulation 11(4) of the |
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| | Social Security (Incapacity Benefit) (Transitional) Regulations 1995 |
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| | (S.I. 1995/310) (former sickness benefit);’. |
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| |
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| Page 74, line 32 [Schedule 4], leave out from second ‘of’ to ‘as’ in line 34 and |
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| insert ‘those regulations’. |
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| Page 74, line 39 [Schedule 4], after first ‘of’ insert— |
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| Page 74, line 39 [Schedule 4], after ‘(b)’ insert ‘, 8, 10, 12 or 13’. |
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| Page 74, line 41 [Schedule 4], after ‘work’ insert ‘or disability’. |
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| Page 74, line 41 [Schedule 4], at end insert ‘, or |
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| | (ii) | regulation 13(2)(b) or (bb) of, and paragraph 15 of Schedule |
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| | 1B to, those regulations (income support for disabled persons |
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| Page 75, line 5 [Schedule 4], after ‘Part’ insert ‘, or any other enactment relating to |
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| Page 75, line 9 [Schedule 4], at end insert— |
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| | ‘( ) | In this paragraph “enactment” includes an enactment contained in subordinate |
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| | legislation (within the meaning of the Interpretation Act 1978 (c. 30)).’. |
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| Page 75, line 30 [Schedule 4], after ‘30A’ insert ‘, 40 or 41’. |
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| Page 75, line 34 [Schedule 4], at end insert— |
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| Page 75, line 35 [Schedule 4], after ‘(b)’ insert ‘, 8, 10, 12 or 13’. |
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| Page 75, line 36 [Schedule 4], at end insert ‘, or |
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| | (ii) | regulation 13(2)(b) or (bb) of, and paragraph 15 of Schedule |
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| | 1B to, those regulations.’. |
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| Page 82, [Schedule 8], leave out line 46. |
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| Page 84, line 21 [Schedule 8], at end insert— |
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