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| Page 43, line 13, leave out Clause 40. |
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| Page 87, line 20, leave out Schedule 5. |
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| Page 47, line 22, leave out Clause 41. |
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| Clause 43, page 49, leave out line 8. |
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| Schedule 6, page 91, line 42, leave out paragraph (d). |
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| Schedule 6, page 91, line 46, leave out ‘reason’ and insert ‘reasonable grounds’. |
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| Schedule 6, page 91, line 47, after ‘child’, insert ‘or other children living with her’. |
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| Schedule 6, page 94, line 2, at end insert— |
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| | ‘(c) | where the mother acknowledges the person as the father of the child, but |
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| | has reason to fear for her safety or that of the child if the father were to |
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| | acquire responsibility by virtue of section 4(1)(a) of the Children Act |
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| Schedule 6, page 94, line 19, leave out subsection (3). |
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| Schedule 6, page 98, line 19, at end insert— |
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| | ‘(8) | This section does not apply where the mother acknowledges the person as the |
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| | father of the child, but has reason to fear for her safety or that of the child if the |
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| | father were to acquire parental responsibility by virtue of section 4(1)(a) of the |
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| Schedule 6, page 98, line 40, leave out from ‘child’ to end of line 41 and insert— |
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| | ‘( ) | where the alleged father acknowledges that he is the father of the child, |
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| | require the alleged father to give prescribed information to the registrar, |
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| | ( ) | where the alleged father gives that information to the registrar,’. |
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| | Member’s explanatory statement
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| | This amendment relates to the process for re-registering a birth to include the father’s details. |
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| | Where a man acknowledges to the registrar that he is the child’s father, it ensures that he can be |
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| | required to provide the registrar with the information needed to re-register the birth. |
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| | Ambit of appeals under section 20 of the 1991 Act |
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| To move the following Clause:— |
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| | ‘(1) | Section 20 of the Child Support Act 1991 (c. 48) (appeals to appeal tribunals) is |
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| | (2) | Subsection 7(b) (appeal tribunals not to take into account any circumstances not |
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| | obtaining at the time when the Secretary of State made the decision or imposed |
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| | the requirement) is omitted.’. |
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| | Disability living allowance: mobility component |
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| To move the following Clause:— |
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| | ‘(1) | Section 73 of the Social Security Contributions and Benefits Act 1992 (c. 4) (the |
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| | mobility component) is amended as follows. |
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| | (2) | In subsection (1), after paragraph (b) insert— |
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| | “(ba) | he falls within subsection (2A); or”. |
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| | (3) | In subsection (1A)(a), after “(b)”, insert “, (ba)”. |
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| | (4) | After subsection (2), insert— |
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| | “(2A) | A person falls within this subsection if— |
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| | (b) | he satisfies such other conditions as may be prescribed.”. |
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| | (5) | In subsection (5), after “(2)(a)”, insert “or subsection (2A)(a)”. |
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| | (6) | In subsection (11)(a), after “(b)”, insert “, (ba)”.’. |
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| | Review of carers’ benefits |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State must undertake a review of the benefits to which carers are |
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| | entitled, reporting to Parliament on the outcome of this review no later than six |
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| | months after the Welfare Reform Bill receives Royal Assent. |
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| | (2) | The Secretary of State must involve carers in this review and must publish a |
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| | report on the findings of the review.’. |
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| | Devolution to local authorities and groups of local authorities |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may by Regulations— |
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| | (a) | allow local authorites or groups of local authorities to exercise his |
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| | functions under section 2 of the Employment and Training Act 1973 |
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| | where they seek the full responsiblity to assume these functions. |
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| | (b) | provide local authorities or groups of local authorities with the funding |
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| | and authority to vary these programmes to meet local need. |
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| | (2) | The Secretary of State shall consult with and have regard to the view of local |
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| | authorities or groups of local authorities on the exercise of his functions under |
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| | section 2 of the Employment and Training Act 1973 including the contracting out |
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| | of employment support and the information relating to all aspects of the |
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| | perfomance of employment programmes in the area.’. |
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| | Entitlement to tailored employment and career support |
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| To move the following Clause:— |
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| | ‘(1) | All new ESA claimants and existing Incapacity Benefit claimants who are |
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| | migrated to ESA, who have a diagnosed mental health problem which impacts on |
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| | their ability to undertake work, will be entitled to an assessment carried out by, |
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| | or linked to, Access to Work to determine what reasonable adjustments may |
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| | improve the likelihood of retention should they find employment. This |
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| | assessment must be carried out before the claimant may be compelled to |
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| | undertake any compulsory work-related activity. |
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| | (2) | The assessment will include evidence gathering from agencies responsible for a |
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| | person’s employment support and for the provision of health services where |
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| | appropriate and must include at least one interview with the claimant themselves. |
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| | (3) | Any reasonable adjustments, recommended by the assessment, will be funded |
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| | through Access to Work and will be available to any employer wishing to employ |
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| | the claimant. Available funding for reasonable adjustments will be |
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| | communicated to employers by a claimant’s employment adviser and will be |
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| | transferable to a new employer in the event that the claimant moves jobs or |
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| | (4) | The assessment will be reviewed regularly and/or when the claimant moves jobs |
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| | or employers to identify any changes to the adjustments required by the |
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| | Mininum income level for persons subject to sanctions |
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| To move the following Clause:— |
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| | ‘Regulations made by the Secretary of State shall set minimum income figures |
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| | per week which no individual or family in receipt of benefits, and subject to any |
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| | sanction under this Act, is permitted to fall below following the imposition of any |
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| | Implementation of sanctions in relation to income |
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| To move the following Clause:— |
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| | ‘External providers and jobcentres shall not apply sanctions under this Act when |
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| | the job offered to a claimant provides a lower income than that provided by |
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| | Means inquiry before sanctions imposed |
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| To move the following Clause:— |
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| | ‘(1) | In any case where regulations made by the Secretary of State under this Act or |
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| | other powers contain provisions for the imposition of sanctions resulting in the |
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| | loss or reduction of any sum in benefit, the regulations shall contain a duty that |
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| | before any sanction is imposed— |
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| | (a) | a means inquiry is conducted as to the means of the person on the day; |
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| | (b) | regard shall be had to the welfare of any person residing with him; |
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| | (c) | regard shall be had to a medical report as to his/her physical and mental |
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| | well-being and any person residing with him/her; |
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| | (d) | any sanction resulting in loss or reduction of benefit will be reasonable in |
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| | (e) | regard shall be had to the impact of any deduction on the ability of the |
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| | person to pay costs in respect of the accommodation which he/she may |
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| | (2) | Following consideration of the matters prescribed in paragraph (1) the decision |
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| | maker shall then determine whether the income remaining to the person who will |
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| | be subject to the sanction falls below the minimum figure for income in one week |
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| | which is set by the Secretary of State. |
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| | (3) | If any sanction is imposed following the inquiries in (1) above of any sanction, |
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| | the decision-maker shall ensure that no person will be left either with a total |
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| | income which is either below the minimum figure for income set by the Secretary |
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| | of State or in any other case is no more than two thirds of the amount in benefit |
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| | payable to the person in any one week during which it is proposed that the |
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| | sanction shall operate, unless the relevant amount of benefit payable in any one |
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| | (4) | Where the means inquiry establishes that a person is already subject to deductions |
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| | from benefit which but for the effect of this subsection would result in the amount |
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| | of benefit available to the person in any one week falling below the amount set |
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| | by the Secretary of State, the imposition of any deduction shall be suspended. |
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| | (5) | Any regulations made by the Secretary of State permitting or allowing any |
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| | sanction resulting in loss or reduction of benefit to any person shall be subject to |
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| | (6) | Any person affected by a sanction imposed may appeal to the Secretary of State |
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| | for a variation of the amount, provided that no variation however occasioned shall |
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| | as a result leave the person with less than the sum prescribed in regulations under |
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| | Grandparents national insurance credit |
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| To move the following Clause:— |
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| | ‘(1) | The Social Security Contributions and Benefits Act 1992 (c. 4) is amended as |
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| | (2) | In section 23A(3)(c) (Contributions credits for relevant parents and carers), after |
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| | first “in”, insert “unpaid care for 20 hours in that week or more of a grandchild |
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| | under the age of 12 or of an ill, frail or disabled family member, friend or partner, |
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| | Claimants’ Charter and Employment Services Ombudsman |
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| To move the following Clause:— |
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| | ‘(1) | Regulations under this section shall make provision for the extension of the |
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| | powers of the Parliamentary and Health Services Ombudsman under the |
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| | Parliamentary Commissioner Act 1967 (c. 13) to administer disputes between |
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| | claimants and bodies exercising powers under this Act, with particular reference |
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| | to the Claimants’ Charter as under subsection (2) below. |
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| | (2) | Regulations under this section shall make provision for a Claimants’ Charter to |
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| | set out the rights and duties of Claimants under the provisions of this Act. |
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| | (3) | Regulations under this section must, in particular, make provision for the |
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| | (a) | a copy of the Charter must be given to each claimant upon initial contact |
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| | with providers exercising powers under this Act, together with |
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| | information concerning the independent employment services |
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| | (b) | claimants not in employment should not be forced to live below the |
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| | poverty line which shall be defined in further Regulations under this |
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| | (c) | claimants must be treated with dignity and respect by all providers |
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| | exercising powers under this Act, |
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| | (d) | claimants must not be subject to degrading or discriminatory treatment in |
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| | all of their interactions with providers exercising powers under this Act, |
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| | (e) | following initial contact with providers exercising powers under this Act |
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| | claimants must be fully informed of, and provided with written |
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| | confirmation of, the conditions of their benefit claim in addition to the |
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| | consequences of failing to meet those conditions, |
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| | (f) | provision of services by providers exercising powers under this Act must |
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| | (g) | monitoring of claims by claimants under this Act shall be available via |
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| | telephone services free of charge, if claimants have difficulties using |
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| | telephone services they must be entitled to face-to-face services, |
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| | (h) | claimants must have an opportunity to appeal against any decision under |
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| | this Act leading to a reduction in benefits; clear advice to this end must |
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| | be provided to the claimant before a sanction is applied, |
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| | (i) | claimants are entitled to high-quality, individually tailored support and |
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| | must be given access to services that will improve their ability to access |
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| | decent work, including education, training, condition management and |
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| | legal support in instances of employer discrimination, |
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| | (j) | claimants must be made aware of, and advised on, all of the support for |
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| | training, childcare and transport to interview costs they are entitled to by |
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| | providers exercising powers under this Act, |
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| | (k) | no claimant shall be required to participate in activity which would |
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| | otherwise be a condition of benefit entitlement under this Act if |
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| | appropriate childcare, or other reasonable support required to enable |
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| | participation, is not available, |
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| | (l) | no claimant shall be required to take part in an activity under this Act for |
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| | which it would be reasonable to expect payment, unless they are in |
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| | receipt of compensation for that activity in line with the National |
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| | (m) | claimants must be able to access free, independent and appropriate advice |
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| | in relation to all aspects of the Act.’. |
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| To move the following Clause:— |
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| | ‘(1) | The Employment Rights Act 1996 (c. 18) is amended as follows. |
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| | (2) | After Part 8A there is inserted— |
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| | 80J | Employment retention assessment |
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| | (1) | The Secretary of State shall make regulations— |
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| | (a) | entitling a disabled employee who satisfies specified conditions |
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| | to an employment retention assessment; |
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| | (b) | prescribing the nature of the employment retention assessment. |
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| | (2) | This assessment must be carried out by a health care professional |
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| | approved by the Secretary of State. |
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| | For the purposes of this Part— |
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