|
|
| |
| |
|
| |
| | |
|
| Schedule 3, page 70, line 20, leave out paragraph (3). |
|
| |
| | |
|
| Schedule 3, page 72, line 17, at end insert— |
|
| | ‘(5A) | For the purposes of paragraph 5 a person may not be required to attend for either |
|
| | residential or non-residential treatment institution if— |
|
| | (a) | such treatment would amount to a requirement to comply with a |
|
| | particular form of treatment, or |
|
| | (b) | such treatment would amount to a requirement to comply with a |
|
| | particular belief system, philosophy or religion, or |
|
| | (c) | they have not given their informed consent.’. |
|
| |
| | |
|
| Schedule 3, page 74, line 25, at end insert— |
|
| | ‘( ) | An income based jobseeker’s allowance will be payable in these circumstances |
|
| | if, in the opinion of a suitably qualified person, there is no good reason to believe |
|
| | that enforcement of a benefit sanction would worsen or prolong the person’s drug |
|
| | |
| |
| | |
|
| Schedule 3, page 75, line 22, at end insert— |
|
| | ‘(3A) | The report must include information concerning the number of— |
|
| | (a) | people subject to investigation and assessment, |
|
| | (b) | claimants identified as dependent on drugs through investigation and |
|
| | |
| | (c) | complaints about and successful appeals against decisions reached |
|
| | |
| | (d) | claimants subject to sanctions for failing to comply with the processes for |
|
| | investigation and assessment, |
|
| | (e) | claimants required to comply with a rehabilitation plan and the forms of |
|
| | treatment they have been required to comply with, |
|
| | (f) | complaints about and successful appeals against the conditions set out in |
|
| | |
| | (g) | claimaints subject to sanctions for failing to comply with a rehabilitation |
|
| | |
| | (h) | claimaints who receive full jobseekers allowance despite being subject to |
|
| | sanctions in circumstances such as hardship, and |
|
| | (i) | claimants who were not sanctioned because a suitably qualified person |
|
| | judged that such sanctions would worsen or prolong their drug problem. |
|
| | (3B) | The report must further provide details concerning— |
|
| | (a) | the impact of any sanctions imposed, and particularly their impact on |
|
| | |
| | (b) | treatment outcomes for persons required to comply with rehabilitation |
|
| | |
| | (c) | training and employment outcomes for persons required to comply with |
|
| | |
|
|
| |
| |
|
| |
| |
| |
| | |
| Schedule 3, page 81, line 39, after ‘requirement’, insert ‘which must include the |
|
| person’s health at the time of the failure to comply.’. |
|
| |
| | |
| Page 68, line 21, leave out Schedule 3. |
|
| |
| |
| | |
| Clause 12, page 16, line 43, leave out subsection (b). |
|
| |
| |
| |
| |
| | |
| Clause 13, page 17, line 38, leave out paragraph (b). |
|
| |
| | |
| Clause 13, page 17, line 38, at end insert ‘and |
|
| | (c) | in respect of any sums charged as interest on the loans.’. |
|
| |
| |
| |
| | |
| Clause 13, page 18, line 38, at end insert ‘which shall include the number and value |
|
| of the loans made by each lender, the total amount of interest paid to the lender in respect |
|
| of them and the total value of loans repaid.’. |
|
| |
| | |
| Clause 13, page 18, line 40, at end insert— |
|
| | ‘140ZD | Individual social fund accounts |
|
| | (1) | The Secretary of State may establish a system of individual social fund accounts |
|
| | |
| | (2) | The Secretary of State may designate external providers to provide financial |
|
| | advice to holders of individual social fund accounts. |
|
| | (3) | Individual social fund accounts shall be used to provide budgeting loans from the |
|
| | |
|
|
| |
| |
|
| | (4) | An individual social fund account which meets the requirements of the Saving |
|
| | Gateway Accounts Act 2009 may be designated as a Saving Gateway account. |
|
| | (5) | The Secretary of State may prescribe the conditions under which a designated |
|
| | external provider may advance funds to the Secretary of State for the provision of |
|
| | social fund budgeting loans. |
|
| | (6) | A designated external provider may make a qualifying loan to an eligible person |
|
| | from that person’s individual social fund account. |
|
| | (7) | The Secretary of State may prescribe conditions under which deductions may be |
|
| | made from an eligible person’s relevant benefits for the repayment of the amount |
|
| | of the qualifying loan to the individual social fund account of the eligible person |
|
| | and to recover the allowable costs of the external provider. |
|
| | (8) | The Secretary of State may make regulations— |
|
| | (a) | to establish a system of individual social fund accounts and to set out |
|
| | criteria for qualifying persons under subsection (1), |
|
| | (b) | to specify criteria for the designation of external providers under |
|
| | |
| | (c) | to prescribe the conditions under subsection (5), and |
|
| | (d) | to prescribe conditions under which deductions may be made from an |
|
| | eligible person’s relevant benefits for the repayment of the amount of the |
|
| | qualifying loan under subsection (7).’. |
|
| |
| |
| | |
| Page 19, line 22, leave out Clause 14. |
|
| |
| |
| |
| |
| | |
| Clause 16, page 21, line 7, at end add— |
|
| | |
| | (a) | the Secretary of State shall prepare an Annual report on the operation of |
|
| | the arrangements relating to the community care grants and shall include |
|
| | in that report details of the number and value of the community care |
|
| | |
| | (b) | a copy of every such report shall be laid before each House of |
|
| | |
| |
| |
| |
| |
| | |
| Clause 19, page 25, line 18, at end insert— |
|
|
|
| |
| |
|
| | ‘(10A) | A statutory instrument containing regulations made by the Secretary of State |
|
| | under subsections (6), (7), (8), (9) or (10) shall not be made unless a draft of the |
|
| | instrument has been laid before Parliament and approved by a resolution of each |
|
| | |
| |
| | |
| Clause 19, page 25, line 41, at end insert— |
|
| | ‘(14) | Sanctionable benefits shall be returned to the claimant with compensation where |
|
| | the benefit offence is attributable to a mistake made by the Secretary of State or |
|
| | anyone acting under his authority as provided in paragraphs (1) to (11) above’. |
|
| |
| | |
| Clause 19, page 23, line 45, leave out ‘in England and Wales or Northern Ireland,’. |
|
| Member’s explanatory statement
|
|
| This amendment ensures that the loss of benefit provisions in new section 6B of the Social Security |
|
| Fraud Act 2001 apply where a person in Scotland is cautioned for a benefit offence. As currently |
|
| drafted, they apply to cautions in England and Wales or Northern Ireland, but not in Scotland. |
|
| |
| | |
| Clause 19, page 26, line 46, after ‘sentenced)’ insert ‘or in the case mentioned in |
|
| paragraph (b)(ii) the date of the order for absolute discharge’. |
|
| Member’s explanatory statement
|
|
| This amendment is consequential upon amendment 96. |
|
| |
| | |
| Clause 19, page 26, line 47, leave out from second ‘to’ to end of line 49 and |
|
| |
| | ‘(i) | a conviction in relation to which the court makes an order for |
|
| | absolute or conditional discharge or a court in Scotland makes a |
|
| | |
| | (ii) | an order for absolute discharge made by a court of summary |
|
| | jurisdiction in Scotland under section 246(3) of the Criminal |
|
| | Procedure (Scotland) Act 1995 without proceeding to a |
|
| | |
| | |
| | Member’s explanatory statement
|
|
| | This amendment ensures that new section 6B of the 2001 Act applies where a person is convicted |
|
| | of a benefit offence, but the court makes an order for absolute discharge. See also amendment 97. |
|
| |
| |
| | |
| Schedule 4, page 84, line 15, at end insert— |
|
| | |
| | (a) | in paragraph (a), after “sentenced)” insert “or in the case mentioned in |
|
| | paragraph (b)(ii) the date of the order for absolute discharge”, and |
|
|
|
| |
| |
|
| | (b) | for paragraph (b) substitute— |
|
| | “(b) | references to a conviction include references to— |
|
| | (i) | a conviction in relation to which the court |
|
| | makes an order for absolute or conditional |
|
| | discharge or a court in Scotland makes a |
|
| | |
| | (ii) | an order for absolute discharge made by a |
|
| | court of summary jurisdiction in Scotland |
|
| | under section 246(3) of the Criminal |
|
| | Procedure (Scotland) Act 1995 without |
|
| | proceeding to a conviction, and |
|
| | (iii) | a conviction in Northern Ireland.”.’. |
|
| | Member’s explanatory statement
|
|
| | This amends section 7 of the Social Security Fraud Act 2001 so as to ensure that its provisions |
|
| | apply where a person is convicted of a benefit offence, but the court makes an order for absolute |
|
| | discharge. See also amendments 95 and 96. |
|
| |
| | |
| Schedule 4, page 86, line 35, leave out ‘6B(7)’ and insert ‘6B(6)’. |
|
| Member’s explanatory statement
|
|
| This amendment ensures that the affirmative Parliamentary procedure applies to the regulation- |
|
| making power in new section 6B(6) of the Social Security Fraud Act 2001 (inserted by clause 19). |
|
| The existing reference to new section 6B(7) is incorrect. |
|
| |
| |
| | |
| Clause 21, page 30, line 16, after ‘credit’, insert ‘and Carer Addition.’. |
|
| |
| | |
| Clause 21, page 30, line 18, after ‘credit’, insert ‘and Carer Addition.’. |
|
| |
| |
| |
| | |
| Clause 21, page 31, line 10, at end add— |
|
| | ‘(3A) | Within six months of the expiry of the specified period referred to in subsection |
|
| | (1), the Secretary of State shall lay before each House of Parliament a report on |
|
| | the operation of the state pension credit pilot schemes established under these |
|
| | |
| |
| |
| | |
| Clause 23, page 33, line 3, at end insert— |
|
|
|
| |
| |
|
| | ‘(d) | shall specify the level of training required to meet the needs of claimants |
|
| | with mental and/or physical disabilities, |
|
| | (e) | shall specify the level of training required to meet the needs of claimants |
|
| | with caring responsibilities, |
|
| | (f) | shall specify the level of training required to meet the needs of claimants |
|
| | with drug dependency and alcohol issues, |
|
| | (g) | shall specify the level of training required to meet the needs of claimants |
|
| | who are lone parents with dependant children, and |
|
| | (h) | shall specify the level of training required to meet the needs of claimants |
|
| | who are lone parents and have been victims of domestic violence.’. |
|
| |
| |
| |
| | |
| Clause 23, page 33, line 11, leave out paragraph (a). |
|
| |
| |
| | |
| Clause 24, page 34, line 28, after ‘cause’, insert ‘(which shall include situations |
|
| where the failure was caused by a long-term or fluctuating mental health problem)’. |
|
| |
| |
| | |
| Clause 26, page 36, line 14, at end insert— |
|
| | ‘(5) | In section 23A(3) of the Social Security Contributions and Benefits Act 1992 (c. |
|
| | 4) for paragraph (c) substitute— |
|
| | “(c) | unpaid care for a grandchild aged under 12 or an ill, frail or |
|
| | disabled family member, friend or partner for 20 hours per week |
|
| | |
| |
| |
| |
| |
| | |
| Clause 28, page 36, line 37, leave out ‘aged 18 or over’. |
|
| |
| | |
| Clause 28, page 36, line 41, at end insert— |
|
|
|
| |
| |
|
| | ‘(1) | When P is exercising his rights under this Part the relevant authority shall be |
|
| | subject to a duty to cooperate with P.’. |
|
| |
| |
| |
| |
| |
| | |
| Clause 29, page 37, line 14, at end insert— |
|
| | ‘(h) | the provision of care services and community care for P.’. |
|
| |
| |
| |
| | |
| Clause 29, page 37, line 20, leave out subsections (5) and (6). |
|
| |
| | |
| Clause 29, page 37, line 20, after ‘services’, insert ‘, unless such exclusion would |
|
| prevent P from achieving the matters set out in subsection (2)’. |
|
| |
| | |
| Clause 29, page 37, line 21, leave out subsection (a). |
|
| |
| |
| |
| |
| | |
| Clause 31, page 38, line 21, at end insert ‘including, in particular, making |
|
| arrangements with voluntary organisations to provide disabled persons with assistance in |
|
| connection with direct payments.’. |
|
| |
| |
| |
| |
| | |
| Clause 31, page 38, line 23, after ‘person’, insert ‘, including a person with a |
|
| disability caused by mental health problems,’. |
|
| |
| |
| |
| | |
| Clause 31, page 38, line 23, leave out ‘in prescribed circumstances’. |
|
|