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| | Thursday 26 February 2009 |
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| | New Amendments handed in are marked thus  |
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| |  Amendments which will comply with the required notice period at their next appearance
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| | | The Amendments have been arranged in accordance with the Resolution of the |
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| | | Programming Sub-Committee. |
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| | Clause 19, page 23, line 45, leave out ‘in England and Wales or Northern Ireland,’. |
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| | Member’s explanatory statement
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| | This amendment ensures that the loss of benefit provisions in new section 6B of the Social Security |
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| | Fraud Act 2001 apply where a person in Scotland is cautioned for a benefit offence. As currently |
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| | drafted, they apply to cautions in England and Wales or Northern Ireland, but not in Scotland. |
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| | Clause 19, page 25, line 18, at end insert— |
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| | | ‘(10A) | A statutory instrument containing regulations made by the Secretary of State |
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| | | under subsections (6), (7), (8), (9) or (10) shall not be made unless a draft of the |
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| | | instrument has been laid before Parliament and approved by a resolution of each |
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| | Clause 19, page 25, line 41, at end insert— |
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| | | ‘(14) | Sanctionable benefits shall be returned to the claimant with compensation where |
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| | | the benefit offence is attributable to a mistake made by the Secretary of State or |
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| | | anyone acting under his authority as provided in paragraphs (1) to (11) above’. |
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| | Clause 19, page 26, line 46, after ‘sentenced)’ insert ‘or in the case mentioned in |
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| | paragraph (b)(ii) the date of the order for absolute discharge’. |
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| | Member’s explanatory statement
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| | This amendment is consequential upon amendment 96. |
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| | Clause 19, page 26, line 47, leave out from second ‘to’ to end of line 49 and |
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| | | ‘(i) | a conviction in relation to which the court makes an order for |
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| | | absolute or conditional discharge or a court in Scotland makes a |
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| | | (ii) | an order for absolute discharge made by a court of summary |
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| | | jurisdiction in Scotland under section 246(3) of the Criminal |
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| | | Procedure (Scotland) Act 1995 without proceeding to a |
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| | | Member’s explanatory statement
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| | | This amendment ensures that new section 6B of the 2001 Act applies where a person is convicted |
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| | | of a benefit offence, but the court makes an order for absolute discharge. See also amendment 97. |
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| | Schedule 4, page 84, line 15, at end insert— |
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| | | (a) | in paragraph (a), after “sentenced)” insert “or in the case mentioned in |
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| | | paragraph (b)(ii) the date of the order for absolute discharge”, and |
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| | | (b) | for paragraph (b) substitute— |
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| | | “(b) | references to a conviction include references to— |
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| | | (i) | a conviction in relation to which the court |
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| | | makes an order for absolute or conditional |
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| | | discharge or a court in Scotland makes a |
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| | | (ii) | an order for absolute discharge made by a |
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| | | court of summary jurisdiction in Scotland |
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| | | under section 246(3) of the Criminal |
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| | | Procedure (Scotland) Act 1995 without |
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| | | proceeding to a conviction, and |
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| | | (iii) | a conviction in Northern Ireland.”.’. |
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| | | Member’s explanatory statement
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| | | This amends section 7 of the Social Security Fraud Act 2001 so as to ensure that its provisions |
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| | | apply where a person is convicted of a benefit offence, but the court makes an order for absolute |
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| | | discharge. See also amendments 95 and 96. |
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| | Schedule 4, page 86, line 35, leave out ‘6B(7)’ and insert ‘6B(6)’. |
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| | Clause 21, page 30, line 16, after ‘credit’, insert ‘and Carer Addition.’. |
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| | Clause 21, page 30, line 18, after ‘credit’, insert ‘and Carer Addition.’. |
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| | Clause 21, page 31, line 10, at end add— |
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| | | ‘(3A) | Within six months of the expiry of the specified period referred to in subsection |
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| | | (1), the Secretary of State shall lay before each House of Parliament a report on |
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| | | the operation of the state pension credit pilot schemes established under these |
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| | Clause 23, page 33, line 3, at end insert— |
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| | | ‘(d) | shall specify the level of training required to meet the needs of claimants |
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| | | with mental and/or physical disabilities, |
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| | | (e) | shall specify the level of training required to meet the needs of claimants |
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| | | with caring responsibilities, |
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| | | (f) | shall specify the level of training required to meet the needs of claimants |
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| | | with drug dependency and alcohol issues, |
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| | | (g) | shall specify the level of training required to meet the needs of claimants |
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| | | who are lone parents with dependant children, and |
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| | | (h) | shall specify the level of training required to meet the needs of claimants |
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| | | who are lone parents and have been victims of domestic violence.’. |
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| | Clause 23, page 33, line 11, leave out paragraph (a). |
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| | Clause 24, page 34, line 28, after ‘cause’, insert ‘(which shall include situations |
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| | where the failure was caused by a long-term or fluctuating mental health problem)’. |
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| | Clause 26, page 36, line 14, at end insert— |
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| | | ‘(5) | In section 23A(3) of the Social Security Contributions and Benefits Act 1992 (c. |
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| | | 4) for paragraph (c) substitute— |
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| | | “(c) | unpaid care for a grandchild aged under 12 or an ill, frail or |
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| | | disabled family member, friend or partner for 20 hours per week |
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| | Clause 28, page 36, line 37, leave out ‘aged 18 or over’. |
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| | Clause 28, page 36, line 41, at end insert— |
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| | | ‘(1) | When P is exercising his rights under this Part the relevant authority shall be |
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| | | subject to a duty to cooperate with P.’. |
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| | Clause 29, page 37, line 14, at end insert— |
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| | | ‘(h) | the provision of care services and community care for P.’. |
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| | Clause 29, page 37, line 20, leave out subsections (5) and (6). |
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| | Clause 29, page 37, line 20, after ‘services’, insert ‘, unless such exclusion would |
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| | prevent P from achieving the matters set out in subsection (2)’. |
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| | Clause 29, page 37, line 21, leave out paragraph (a). |
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| | Clause 31, page 38, line 21, at end insert ‘including, in particular, making |
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| | arrangements with voluntary organisations to provide disabled persons with assistance in |
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| | connection with direct payments.’. |
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| | Clause 31, page 38, line 23, leave out from ‘with’ to end of line 33 and insert |
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| | ‘requiring a relevant authority that is or may be obliged, or has decided, to provide a |
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| | relevant service to, or to arrange the provision of a relevant service for, a disabled person |
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| | (P) in prescribed circumstances to do the following— |
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| | | (a) | to support P to assess his own needs; |
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| | | (b) | to support P to draw up a plan (his “support plan”) setting out how he |
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| | | wishes those needs to be met; |
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| | | (c) | to support P to review and revise his support plan; |
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| | | (d) | to assess the value of any relevant services to which P is entitled; |
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| | | (e) | to notify P of the value of these services (his “individual budget”) and of |
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| | | his right to choose how his individual budget is managed; |
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| | | (f) | to comply with P’s decision about whether he wishes to receive his |
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| | | individual budget in the form of— |
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| | | (i) | a payment to him (a direct payment); |
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| | | (ii) | a payment to any prescribed person for that person to manage on |
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| | | his behalf and in accordance with his support plan; |
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| | | (iii) | in the form of the provision of services by the relevant authorities |
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| | | which accord with his support plan; or |
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| | | (iv) | any combination of (i), (ii) and (iii).’. |
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| | Clause 31, page 38, line 23, after ‘person’, insert ‘, including a person with a |
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| | disability caused by mental health problems,’. |
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| | Clause 31, page 38, line 23, leave out ‘in prescribed circumstances’. |
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| | Clause 31, page 38, line 39, leave out paragraph (c). |
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| | Clause 31, page 39, line 12, at end insert— |
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| | | ‘(c) | require a relevant authority to co-operate with one or more relevant |
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| | | authorities in connection with the provision of relevant services for |
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| | Clause 32, page 39, line 21, leave out subsection (2). |
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| | Clause 32, page 39, line 44, leave out subsection (3). |
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| | Clause 32, page 39, line 48, at end insert— |
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| | | ‘(3A) | Direct payments legislation must include a prescription for any providing |
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| | | authority to take account of potential long term and multi-agency savings when |
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| | | considering what represents an “unreasonable financial burden” under subsection |
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| | Clause 34, page 41, line 15, leave out paragraph (c). |
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| | Clause 34, page 41, line 20, leave out subsection (6). |
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| | Clause 35, page 41, line 37, leave out subsection (3). |
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| | Clause 36, page 36, line 14, at end insert— |
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| | | ‘(5) | In section 23A(3) of the Social Security Contributions and Benefits Act 1992 (c. |
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| | | 4) for paragraph (c) substitute— |
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| | | “(c) | unpaid care for a grandchild aged under 12 or an ill, frail or |
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| | | disabled family member, friend or partner for 20 hours per week |
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| | Clause 40, page 43, line 39, leave out subsection (7). |
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| | Clause 40, page 44, line 10, leave out paragraph (b). |
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| | Clause 40, page 47, line 1, leave out subsection (3). |
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