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Public Bill Committee: 26 February 2009                  

104

 

Welfare Reform Bill, continued

 
 

Paul Rowen

 

68

 

Page  43,  line  13,  leave out Clause 40.

 


 

Paul Rowen

 

72

 

Page  87,  line  20,  leave out Schedule 5.

 


 

Paul Rowen

 

69

 

Page  47,  line  22,  leave out Clause 41.

 


 

Mr James Clappison

 

Mr Mark Harper

 

Mr John Baron

 

83

 

Clause  43,  page  49,  leave out line 8.

 


 

Mr James Clappison

 

Mr Mark Harper

 

Mr John Baron

 

36

 

Schedule  6,  page  91,  line  42,  leave out paragraph (d).

 

Mr James Clappison

 

Mr Mark Harper

 

Mr John Baron

 

37

 

Schedule  6,  page  91,  line  46,  leave out ‘reason’ and insert ‘reasonable grounds’.

 

Paul Rowen

 

105

 

Schedule  6,  page  91,  line  47,  after ‘child’, insert ‘or other children living with her’.

 

Paul Rowen

 

103

 

Schedule  6,  page  94,  line  2,  at end insert—

 

‘(c)    

where the mother acknowledges the person as the father of the child, but

 

has reason to fear for her safety or that of the child if the father were to


 
 

Public Bill Committee: 26 February 2009                  

105

 

Welfare Reform Bill, continued

 
 

acquire responsibility by virtue of section 4(1)(a) of the Children Act

 

1989’.

 

Mr James Clappison

 

Mr Mark Harper

 

Mr John Baron

 

38

 

Schedule  6,  page  94,  line  19,  leave out subsection (3).

 

Paul Rowen

 

104

 

Schedule  6,  page  98,  line  19,  at end insert—

 

‘(8)    

This section does not apply where the mother acknowledges the person as the

 

father of the child, but has reason to fear for her safety or that of the child if the

 

father were to acquire parental responsibility by virtue of section 4(1)(a) of the

 

Children Act 1989’.

 

Tony McNulty

 

114

 

Parliamentary Star - white    

Schedule  6,  page  98,  line  40,  leave out from ‘child’ to end of line 41 and insert—

 

‘( )    

where the alleged father acknowledges that he is the father of the child,

 

require the alleged father to give prescribed information to the registrar,

 

and

 

( )    

where the alleged father gives that information to the registrar,’.

 

Member’s explanatory statement

 

This amendment relates to the process for re-registering a birth to include the father’s details.

 

Where a man acknowledges to the registrar that he is the child’s father, it ensures that he can be

 

required to provide the registrar with the information needed to re-register the birth.

 


 

New ClauseS

 

Ambit of appeals under section 20 of the 1991 Act

 

Mr James Clappison

 

Mr Mark Harper

 

Mr John Baron

 

NC1

 

To move the following Clause:—

 

‘(1)    

Section 20 of the Child Support Act 1991 (c. 48) (appeals to appeal tribunals) is

 

amended as follows.

 

(2)    

Subsection 7(b) (appeal tribunals not to take into account any circumstances not

 

obtaining at the time when the Secretary of State made the decision or imposed

 

the requirement) is omitted.’.

 



 
 

Public Bill Committee: 26 February 2009                  

106

 

Welfare Reform Bill, continued

 
 

Disability living allowance: mobility component

 

John Robertson

 

Paul Rowen

 

NC2

 

To move the following Clause:—

 

‘(1)    

Section 73 of the Social Security Contributions and Benefits Act 1992 (c. 4) (the

 

mobility component) is amended as follows.

 

(2)    

In subsection (1), after paragraph (b) insert—

 

“(ba)    

he falls within subsection (2A); or”.

 

(3)    

In subsection (1A)(a), after “(b)”, insert “, (ba)”.

 

(4)    

After subsection (2), insert—

 

“(2A)    

A person falls within this subsection if—

 

(a)    

he is blind; and

 

(b)    

he satisfies such other conditions as may be prescribed.”.

 

(5)    

In subsection (5), after “(2)(a)”, insert “or subsection (2A)(a)”.

 

(6)    

In subsection (11)(a), after “(b)”, insert “, (ba)”.’.

 


 

Review of carers’ benefits

 

Paul Rowen

 

NC3

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must undertake a review of the benefits to which carers are

 

entitled, reporting to Parliament on the outcome of this review no later than six

 

months after the Welfare Reform Bill receives Royal Assent.

 

(2)    

The Secretary of State must involve carers in this review and must publish a

 

report on the findings of the review.’.

 


 

Devolution to local authorities and groups of local authorities

 

Paul Rowen

 

NC4

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by Regulations—

 

(a)    

allow local authorites or groups of local authorities to exercise his

 

functions under section 2 of the Employment and Training Act 1973

 

where they seek the full responsiblity to assume these functions.

 

(b)    

provide local authorities or groups of local authorities with the funding

 

and authority to vary these programmes to meet local need.

 

(2)    

The Secretary of State shall consult with and have regard to the view of local

 

authorities or groups of local authorities on the exercise of his functions under


 
 

Public Bill Committee: 26 February 2009                  

107

 

Welfare Reform Bill, continued

 
 

section 2 of the Employment and Training Act 1973 including the contracting out

 

of employment support and the information relating to all aspects of the

 

perfomance of employment programmes in the area.’.

 


 

Entitlement to tailored employment and career support

 

Mr James Clappison

 

Mr Mark Harper

 

Mr John Baron

 

NC5

 

To move the following Clause:—

 

‘(1)    

All new ESA claimants and existing Incapacity Benefit claimants who are

 

migrated to ESA, who have a diagnosed mental health problem which impacts on

 

their ability to undertake work, will be entitled to an assessment carried out by,

 

or linked to, Access to Work to determine what reasonable adjustments may

 

improve the likelihood of retention should they find employment. This

 

assessment must be carried out before the claimant may be compelled to

 

undertake any compulsory work-related activity.

 

(2)    

The assessment will include evidence gathering from agencies responsible for a

 

person’s employment support and for the provision of health services where

 

appropriate and must include at least one interview with the claimant themselves.

 

(3)    

Any reasonable adjustments, recommended by the assessment, will be funded

 

through Access to Work and will be available to any employer wishing to employ

 

the claimant. Available funding for reasonable adjustments will be

 

communicated to employers by a claimant’s employment adviser and will be

 

transferable to a new employer in the event that the claimant moves jobs or

 

employers.

 

(4)    

The assessment will be reviewed regularly and/or when the claimant moves jobs

 

or employers to identify any changes to the adjustments required by the

 

claimant.’.

 


 

Mininum income level for persons subject to sanctions

 

John Mason

 

NC6

 

To move the following Clause:—

 

‘Regulations made by the Secretary of State shall set minimum income figures

 

per week which no individual or family in receipt of benefits, and subject to any

 

sanction under this Act, is permitted to fall below following the imposition of any

 

sanctions.’.

 



 
 

Public Bill Committee: 26 February 2009                  

108

 

Welfare Reform Bill, continued

 
 

Implementation of sanctions in relation to income

 

John Mason

 

NC7

 

To move the following Clause:—

 

‘External providers and jobcentres shall not apply sanctions under this Act when

 

the job offered to a claimant provides a lower income than that provided by

 

unemployment benefits.’.

 


 

Means inquiry before sanctions imposed

 

John Mason

 

NC8

 

To move the following Clause:—

 

‘(1)    

In any case where regulations made by the Secretary of State under this Act or

 

other powers contain provisions for the imposition of sanctions resulting in the

 

loss or reduction of any sum in benefit, the regulations shall contain a duty that

 

before any sanction is imposed—

 

(a)    

a means inquiry is conducted as to the means of the person on the day;

 

(b)    

regard shall be had to the welfare of any person residing with him;

 

(c)    

regard shall be had to a medical report as to his/her physical and mental

 

well-being and any person residing with him/her;

 

(d)    

any sanction resulting in loss or reduction of benefit will be reasonable in

 

the circumstances;

 

(e)    

regard shall be had to the impact of any deduction on the ability of the

 

person to pay costs in respect of the accommodation which he/she may

 

occupy.

 

(2)    

Following consideration of the matters prescribed in paragraph (1) the decision

 

maker shall then determine whether the income remaining to the person who will

 

be subject to the sanction falls below the minimum figure for income in one week

 

which is set by the Secretary of State.

 

(3)    

If any sanction is imposed following the inquiries in (1) above of any sanction,

 

the decision-maker shall ensure that no person will be left either with a total

 

income which is either below the minimum figure for income set by the Secretary

 

of State or in any other case is no more than two thirds of the amount in benefit

 

payable to the person in any one week during which it is proposed that the

 

sanction shall operate, unless the relevant amount of benefit payable in any one

 

week is £5.00 or below.

 

(4)    

Where the means inquiry establishes that a person is already subject to deductions

 

from benefit which but for the effect of this subsection would result in the amount

 

of benefit available to the person in any one week falling below the amount set

 

by the Secretary of State, the imposition of any deduction shall be suspended.

 

(5)    

Any regulations made by the Secretary of State permitting or allowing any

 

sanction resulting in loss or reduction of benefit to any person shall be subject to

 

a right of appeal.

 

(6)    

Any person affected by a sanction imposed may appeal to the Secretary of State

 

for a variation of the amount, provided that no variation however occasioned shall


 
 

Public Bill Committee: 26 February 2009                  

109

 

Welfare Reform Bill, continued

 
 

as a result leave the person with less than the sum prescribed in regulations under

 

paragraph 2.’.

 


 

Grandparents national insurance credit

 

John Robertson

 

NC9

 

To move the following Clause:—

 

‘(1)    

The Social Security Contributions and Benefits Act 1992 (c. 4) is amended as

 

follows.

 

(2)    

In section 23A(3)(c) (Contributions credits for relevant parents and carers), after

 

first “in”, insert “unpaid care for 20 hours in that week or more of a grandchild

 

under the age of 12 or of an ill, frail or disabled family member, friend or partner,

 

or (d) otherwise in”.’.

 


 

Claimants’ Charter and Employment Services Ombudsman

 

Paul Rowen

 

NC11

 

To move the following Clause:—

 

‘(1)    

Regulations under this section shall make provision for the extension of the

 

powers of the Parliamentary and Health Services Ombudsman under the

 

Parliamentary Commissioner Act 1967 (c. 13) to administer disputes between

 

claimants and bodies exercising powers under this Act, with particular reference

 

to the Claimants’ Charter as under subsection (2) below.

 

(2)    

Regulations under this section shall make provision for a Claimants’ Charter to

 

set out the rights and duties of Claimants under the provisions of this Act.

 

(3)    

Regulations under this section must, in particular, make provision for the

 

following—

 

(a)    

a copy of the Charter must be given to each claimant upon initial contact

 

with providers exercising powers under this Act, together with

 

information concerning the independent employment services

 

ombudsman,

 

(b)    

claimants not in employment should not be forced to live below the

 

poverty line which shall be defined in further Regulations under this

 

section,

 

(c)    

claimants must be treated with dignity and respect by all providers

 

exercising powers under this Act,

 

(d)    

claimants must not be subject to degrading or discriminatory treatment in

 

all of their interactions with providers exercising powers under this Act,

 

(e)    

following initial contact with providers exercising powers under this Act

 

claimants must be fully informed of, and provided with written

 

confirmation of, the conditions of their benefit claim in addition to the

 

consequences of failing to meet those conditions,


 
 

Public Bill Committee: 26 February 2009                  

110

 

Welfare Reform Bill, continued

 
 

(f)    

provision of services by providers exercising powers under this Act must

 

be timely and accurate,

 

(g)    

monitoring of claims by claimants under this Act shall be available via

 

telephone services free of charge, if claimants have difficulties using

 

telephone services they must be entitled to face-to-face services,

 

(h)    

claimants must have an opportunity to appeal against any decision under

 

this Act leading to a reduction in benefits; clear advice to this end must

 

be provided to the claimant before a sanction is applied,

 

(i)    

claimants are entitled to high-quality, individually tailored support and

 

must be given access to services that will improve their ability to access

 

decent work, including education, training, condition management and

 

legal support in instances of employer discrimination,

 

(j)    

claimants must be made aware of, and advised on, all of the support for

 

training, childcare and transport to interview costs they are entitled to by

 

providers exercising powers under this Act,

 

(k)    

no claimant shall be required to participate in activity which would

 

otherwise be a condition of benefit entitlement under this Act if

 

appropriate childcare, or other reasonable support required to enable

 

participation, is not available,

 

(l)    

no claimant shall be required to take part in an activity under this Act for

 

which it would be reasonable to expect payment, unless they are in

 

receipt of compensation for that activity in line with the National

 

Minimum Wage, and

 

(m)    

claimants must be able to access free, independent and appropriate advice

 

in relation to all aspects of the Act.’.

 


 

Employment retention

 

John Robertson

 

NC12

 

To move the following Clause:—

 

‘(1)    

The Employment Rights Act 1996 (c. 18) is amended as follows.

 

(2)    

After Part 8A there is inserted—

 

“Part 8B

 

Employment Retention

 

80J    

Employment retention assessment

 

(1)    

The Secretary of State shall make regulations—

 

(a)    

entitling a disabled employee who satisfies specified conditions

 

to an employment retention assessment;

 

(b)    

prescribing the nature of the employment retention assessment.

 

(2)    

This assessment must be carried out by a health care professional

 

approved by the Secretary of State.

 

80K    

Interpretation

 

For the purposes of this Part—


 
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Revised 26 February 2009