House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
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Other Bills before Parliament

5

House of Commons

Tuesday 24 February 2009

Public Bill Committee Proceedings

Welfare Reform Bill

[Fourth and fifth sittings]

Mr James Clappison

Mr Mark Harper

Mr John Baron

Not selected  1

Clause  1,  page  1,  line  11,  after ‘Regulations’, insert ‘which shall be published

before this Act comes into effect’.

Mr James Clappison

Mr Mark Harper

Mr John Baron

Not selected  2

Clause  1,  page  1,  line  11,  after ‘Regulations’, insert ‘to be agreed by Parliament

before this Act comes into force’.

Paul Rowen

Withdrawn  40

Clause  1,  page  1,  line  12,  after ‘circumstances’, insert ‘other than when a claimant

is responsible for a child of school age’.

John Robertson

Not called  65

Clause  1,  page  1,  line  12,  after ‘circumstances’, insert ‘, and where claimants have

guaranteed and predictable access to good quality, affordable and flexible childcare which

meets the needs of the parents and the child or children in the claimants’ household,’.

Mr James Clappison

Mr Mark Harper

Mr John Baron

Withdrawn  3

Clause  1,  page  2,  line  19,  leave out paragraphs (e) and (f).

Mr James Clappison

Mr Mark Harper

Mr John Baron

Withdrawn  4

Clause  1,  page  2,  line  40,  at end insert—

Public Bill Committee Proceedings: 24 February 2009
6

Welfare Reform Bill, continued

‘(8A)
A statutory instrument containing regulations made by the Secretary of State

under subsection (8) shall not be made unless a draft of the instrument has been

laid before Parliament and approved by a resolution of each House.’.

Meg Munn

Withdrawn  73

Clause  1,  page  2,  line  40,  at end insert—

‘(8A)
Regulations under this section must make provision to ensure that providers—

(a)
submit to the Secretary of State data showing the number of participants

with a disability at every state of the scheme by impairment category;

(b)
are required to show how they will meet the needs of participants with

particular disabilities.’.

Meg Munn

Not called  74

Clause  1,  page  3,  line  21,  at end insert—

‘(1A)
For the purposes of, or in connection with, any scheme within section 17A(1) the

Secretary of State shall review data showing the number of participants with a

disability at every stage of the scheme by impairment category.’.

Clause Agreed to.

Mr James Clappison

Mr Mark Harper

Mr John Baron

Withdrawn  39

Clause  2,  page  4,  line  21,  at end insert—

‘(A1)
This section does not apply in the case of a single parent with a child under five

years of age.’.

Paul Rowen

Not called  44

Clause  2,  page  4,  line  21,   at end insert—

‘(A1)
This section does not apply in the case of a single parent with a child under seven

years of age.’.

Paul Rowen

Withdrawn  57

Clause  2,  page  4,  line  26,  at end insert ‘unless the person is caring for another

person for 35 hours or more per week.’.

Mr James Clappison

Mr Mark Harper

Mr John Baron

Withdrawn  6

Clause  2,  page  5,  line  12,  leave out paragraph (e).

John Mason

Not called  88

Clause  2,  page  5,  line  20,  after ‘failure’, insert ‘, including demonstrating that the

Public Bill Committee Proceedings: 24 February 2009
7

Welfare Reform Bill, continued

failure was caused by a long-term or fluctuating mental health problem,’.

John Mason

Not called  89

Clause  2,  page  5,  line  26,  at end insert ‘which must include that person’s health at

the time of their failure to comply.’.

Mr James Clappison

Mr Mark Harper

Mr John Baron

Not called  7

Clause  2,  page  5,  line  28,  at end insert—

‘(4A)
A statutory instrument containing regulations made by the Minister under

subsection (4) shall not be made unless a draft of the instrument has been laid

before Parliament and approved by a resolution of each House.’.

Paul Rowen

Withdrawn  46

Clause  2,  page  5,  line  28,  at end insert—

‘(j)
but may not prescribe accessing of healthcare provision, taking of

medication or accessing psychological therapies as a relevant

requirement.’.

Mr James Clappison

Mr Mark Harper

Mr John Baron

Not called  8

Clause  2,  page  5,  line  37,  at end insert—

‘(6A)
A statutory instrument containing regulations made by the Minister under

subsection (5) shall not be made unless a draft of the instrument has been laid

before Parliament and approved by a resolution of each House.’.

Mr James Clappison

Mr Mark Harper

Mr John Baron

Not moved  9

Clause  2,  page  5,  line  38,  leave out subsection (7).

Mr James Clappison

Mr Mark Harper

Mr John Baron

Withdrawn  10

Clause  2,  page  5,  line  49,  at end insert ‘, including activity which enables the

person to improve his or her skills for work.’.

Mr James Clappison

Mr Mark Harper

Mr John Baron

Withdrawn  11

Clause  2,  page  6,  line  12,  leave out ‘in prescribed circumstances’.

Public Bill Committee Proceedings: 24 February 2009
8

Welfare Reform Bill, continued

John Mason

Not called  91

Clause  2,  page  6,  line  29,  after ‘which’, insert ‘the person is willing to undertake

and which’.

John Mason

Not called  92

Clause  2,  page  6,  line  30,  at end insert—

‘( )
an action plan shall include details of any sanction that can be applied

under the Act if the person, without good cause, fails to comply with any

of the activities in the action plan.’.

Paul Rowen

Not called  84

Clause  2,  page  6,  line  31,  leave out ‘may’ and insert ‘shall’.

Paul Rowen

Not called  85

Clause  2,  page  6,  line  32,  after first ‘the’, insert ‘reasonable’.

Paul Rowen

Not called  86

Clause  2,  page  6,  line  34,  leave out paragraph (a).

Paul Rowen

Negatived on division  47

Clause  2,  page  7,  line  5,  after ‘circumstances’, insert ‘including regard to that

person’s mental health and any specific mental health needs that person may have’.

Meg Munn

Withdrawn  75

Clause  2,  page  7,  line  5,  at end insert—

‘(aa)
must be reasonable, having regard to whether the person has a learning

disability and the nature of that learning disability;

(ab)
must be reasonable, having regard to the adequacy of the support

available to be provided to the person if they have a learning disability;’.

Mr James Clappison

Mr Mark Harper

Mr John Baron

Withdrawn  12

Clause  2,  page  7,  line  10,  leave out subsection (3).

Mr James Clappison

Mr Mark Harper

Mr John Baron

Withdrawn  13

Clause  2,  page  8,  line  27,  leave out paragraph (a).

Clause Agreed to.

Public Bill Committee Proceedings: 24 February 2009
9

Welfare Reform Bill, continued

Paul Rowen

Negatived on division  62

Clause  3,  page  10,  line  17,  at end insert—

‘(8)
The prescribed description of person under subsection (4)(c) above shall include

any person with dependent children who has claimed benefit in the previous 12

months following an incident of domestic violence provided that the claimant is

able to produce such evidence as may be required by the Secretary of State to

establish that the relationship was caused to permanently break down before the

end of that period as a result of domestic violence, as under United Kingdom

Immigration Rule 289A.’.

Mr James Clappison

Mr Mark Harper

Mr John Baron

Not called  14

Clause  3,  page  10,  line  24,  leave out subsections (2) and (3).

Clause Agreed to.

Paul Rowen

Not called  50

Schedule  1,  page  53,  line  30,  after ‘failure’, insert ‘including demonstrating that

failure was caused by a long-term or fluctuating mental health problem’.

John Mason

Not called  93

Schedule  1,  page  54,  line  45,  at end insert—

‘An action plan shall include details of any sanction that can be applied under the Act if

the person, without good cause, fails to comply with any of the activities in the action

plan.’.

Paul Rowen

Not called  51

Schedule  1,  page  59,  line  18,  at end insert ‘and circumstances where it can be

demonstrated that a person has left employment voluntarily because of an employer’s

failure to make reasonable adjustments concerning their mental health problems.’.

Paul Rowen

Not called  52

Schedule  1,  page  60,  line  39,  after ‘account’, insert ‘, including that person’s

mental health and any specific mental health needs that person may have’.

Mr James Clappison

Mr Mark Harper

Mr John Baron

Not called  22

Schedule  1,  page  66,  line  9,  at end insert—

‘23A
A statutory instrument containing regulations made by the Minister under Part

1 of Schedule 1 shall not be made unless a draft of the instrument has been laid

before Parliament and approved by a resolution of each House.’.

Public Bill Committee Proceedings: 24 February 2009
10

Welfare Reform Bill, continued

Schedule Agreed to.

Clauses 4 to 6 Agreed to.

Paul Rowen

Withdrawn  43

Clause  7,  page  13,  line  12,   after ‘effect’ insert, ‘following the presentation of a

report concerning income support; and, such an order may not be made unless a draft of

a statutory instrument containing the order has been laid before, and approved by a

resolution of, each House of Parliament.’.

Paul Rowen

Not called  58

Clause  7,  page  13,  line  16,  at end insert—

‘(3A)
In exercising the powers contained in subsections (1) to (3) the Secretary of State

shall not require people caring for at least 35 hours per week who are receiving

income support to claim jobseeker’s allowance.’.

Mr James Clappison

Mr Mark Harper

Mr John Baron

Not called  15

Clause  7,  page  13,  line  37,  leave out subsection (9) and insert—

‘(9)
A statutory instrument containing an order under this section shall not be made

unless a draft of the instrument has been laid before Parliament and approved by

a resolution of each House.’.

Clause Agreed to.

Schedule 2 Agreed to.

Paul Rowen

Not called  59

Clause  8,  page  14,  line  11,  at end insert ‘including any caring responsibilities.’.

Mr James Clappison

Mr Mark Harper

Mr John Baron

John Mason

Not called  78

Clause  8,  page  14,  line  11,  at end insert ‘including regard to that person’s mental

health and any specific mental health needs that person may have.’.

Meg Munn

Not called  76

Clause  8,  page  14,  line  15,  at end insert ‘; and

(d)
must take into account—

Public Bill Committee Proceedings: 24 February 2009
11

Welfare Reform Bill, continued

(i)
any misunderstanding of the requirements to participate owing to

the nature of a participant’s learning disability, and

(ii)
the adequacy of support provided to any participant with a

learning disability to ensure they understood the requirements

placed upon them.’.

Clause Agreed to.

Paul Rowen

Not selected  106

Clause  9,  page  14,  line  20,  leave out ‘, or have a propensity to misuse,’.

Paul Rowen

Not selected  107

Clause  9,  page  14,  line  21,  leave out ‘or propensity’.

Paul Rowen

Not selected  108

Clause  9,  page  14,  line  26,  at end insert—

‘(4)
For the purposes of Schedule 3 a person may be described as dependent on any

drug only if the person—

(a)
is a current user of that drug,

(b)
the person would experience physical or psychological withdrawal

without that drug, and

(c)
the person is unable to achieve voluntary, sustained control over their use

of that drug.’.

Paul Rowen

Not selected  53

Page  14,  line  16,  leave out Clause 9.

Clause Agreed to.

Paul Rowen

Not selected  109

Schedule  3,  page  69,  line  28,  at end insert—

‘(5)
Regulations under this paragraph may make provision for—

(a)
ensuring that the requirements imposed under this paragraph are fair and

reasonable,

(b)
ensuring that interviews under this paragraph are conducted at such time

and place as is appropriate for the disclosure of drug dependence,

(c)
support to be available to a person at the point of disclosure of a drug

problem, and

(d)
minimum qualifications and competencies of individuals who—

(i)
have been granted power under this Act to require individuals to

answer questions, or