09159.1-7

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Lords Amendments to the Welfare Reform Bill

LORDS amendments to the
Welfare Reform Bill
[The page and line references are to HL Bill 32, the bill as first printed for the Lords.]
Clause 1
1
Page 4, line 12, leave out paragraph (a)
Clause 2
2
Page 4, line 21, at end insert—

“( )
Nothing in this section shall cause any financial sanction to be

imposed in the case of a single parent with a child under five years

of age.”
3
Page 4, line 23, after “who” insert “—

(a)
”
4
Page 4, line 23, after “support” insert “, and

(b)
is not a lone parent of a child under the age of 3,”
5
Page 5, line 41, at end insert—

“(7A)
Regulations under this section must include provision for securing

that lone parents are entitled (subject to meeting any prescribed

conditions) to restrict the times at which they are required to

undertake work-related activity.”
6
Page 5, line 44, at end insert—

“(aa)
“lone parent” means a person who—

(i)
is not a member of a couple, and

(ii)
is responsible for, and a member of the same

household as, a child;”
7
Page 6, line 8, at end insert—

“(8A)
For the purposes of this section regulations may make provision—

Bill 159 54/4

2

(a)
as to circumstances in which one person is to be treated as

responsible or not responsible for another;

(b)
as to circumstances in which persons are to be treated as

being or not being members of the same household.”
8
Page 6, line 40, at end insert—

“(6)
In preparing any action plan, the Secretary of State must have

regard (so far as practicable) to its impact on the well-being of any

person under the age of 16 who may be affected by it.”
9
Page 7, line 2, at end insert—

“(1A)
But a direction under subsection (1) may not specify medical or

surgical treatment as the only activity which, in any person’s case,

is to be regarded as being work-related activity.”
10
Page 9, line 5, at end insert—

“2H
Good cause for failure to comply with regulations

(1)
This section applies to any regulations made under section 2A, 2AA

or 2D that prescribe matters to be taken into account in determining

whether a person has good cause for any failure to comply with the

regulations.

(2)
The provision made by the regulations prescribing those matters

must include provision relating to—

(a)
the person’s physical or mental health or condition;

(b)
the availability of childcare.””
After Clause 2
11
Insert the following new Clause—


“Lone parents

(1)
In section 124 of the Social Security Contributions and Benefits Act 1992

(c. 4) (conditions for income support), after subsection (1) insert—

“(1A)
Regulations under paragraph (e) of subsection (1) must secure that

a person who—

(a)
is not a member of a couple, and

(b)
is responsible for, and a member of the same household as,

a child under the age of 7,


falls within a category of person prescribed under that paragraph.

(1B)
Subsection (1A) does not apply if regulations under subsection

(4)(c) of section 1A of the Jobseekers Act 1995 containing the

provision mentioned in subsection (4A) of that section are in force.”

(2)
In section 2A of the Social Security Administration Act 1992 (c. 5) (work-

focused interviews)—

(a)
after subsection (2) insert—

“(2A)
No requirement may be imposed by virtue of this section on

a person who—

(a)
is not a member of a couple, and

3

(b)
is responsible for, and a member of the same

household as, a child under the age of one.

(2B)
For the purposes of subsection (2A)(b) regulations may

make provision—

(a)
as to circumstances in which one person is to be

treated as responsible or not responsible for another;

(b)
as to circumstances in which persons are to be

treated as being or not being members of the same

household.”, and

(b)
in subsection (8), after “In this section—” insert—

““couple” has the meaning given by section 137(1) of

the Contributions and Benefits Act;”.

(3)
In section 12 of the Welfare Reform Act 2007 (c. 5) (employment and

support allowance: work-focused interviews), in subsection (1)(b), at the

end insert “or a lone parent of a child under the age of one”.

(4)
In section 13 of that Act (employment and support allowance: work-related

activity)—

(a)
in subsection (1), after “section 12(1)” insert “, and who is not a lone

parent of a child under the age of 3,”, and

(b)
after subsection (6) insert—

“(6A)
Regulations under this section shall include provision for

securing that lone parents are entitled (subject to meeting

any prescribed conditions) to restrict the times at which

they are required to undertake work-related activity.”

(5)
In section 24 of that Act (interpretation of Part 1), after subsection (3)

insert—

“(3A)
For the purposes of this Part, a person is a lone parent if the

person—

(a)
is not a member of a couple (within the meaning given by

section 137(1) of the Contributions and Benefits Act), and

(b)
is responsible for, and a member of the same household as,

a person under the age of 16.

(3B)
For the purposes of subsection (3A)(b) regulations may make

provision—

(a)
as to circumstances in which one person is to be treated as

responsible or not responsible for another;

(b)
as to circumstances in which persons are to be treated as

being or not being members of the same household.””
Clause 3
12
Page 10, line 2, at end insert—

“(4A)
Regulations under paragraph (c) of subsection (4) must secure that

a person who—

(a)
is not a member of a couple, and

(b)
is responsible for, and a member of the same household as,

a child under the age of 7,

4


falls within a description of person prescribed under that

paragraph.

(4B)
Subsection (4A) does not apply if regulations under subsection

(1)(e) of section 124 of the Benefits Act containing the provision

mentioned in subsection (1A) of that section are in force.”
Clause 7
13
Page 13, line 36, at end insert—

“(8A)
An order under subsection (2) may not be made unless a draft of the

statutory instrument containing the order (whether alone or with other

provision) has been laid before, and approved by a resolution of, each

House of Parliament.”
14
Page 13, line 37, leave out “this section is” and insert “subsection (4) is (unless a

draft of it has been approved by a resolution of each House of Parliament)”
Clause 8
15
Page 14, line 8, at end insert—

“(1A)
But a direction under subsection (1) may not specify medical or

surgical treatment as the only activity which, in any person’s case,

is to be regarded as being work-related activity.”
Clause 13
16
Leave out Clause 13
Clause 16
17
Page 20, line 12, leave out from beginning to “may” and insert “Regulations”
After Clause 19
18
Insert the following new Clause—

“Regulations relating to use or disclosure of information: parliamentary control

In section 190 of the Social Security Administration Act 1992

(parliamentary control of orders and regulations), in subsection (1), before

the “or” at the end of paragraph (ab) insert—

“(ac)
regulations under section 122G(4) or 122H(5) which create

an offence or increase the penalty for an offence;”.”
Clause 20
19
Page 22, line 39, at end insert—

“(1ZA)
Regulations may provide for the making of a payment on account

of housing benefit—

(a)
where no claim has been made and it is impracticable for

one to be made immediately;

5

(b)
where a claim has been made and it is impracticable for the

claim to be immediately determined;

(c)
where an award has been made but it is impracticable to pay

the full amount of the benefit immediately.”
20
Page 22, line 41, leave out “a” and insert “any other”
21
Page 23, line 11, leave out from “account)” to end of line 14
22
Page 23, line 15, leave out subsection (3) and insert—

“(3)
In section 7 (which relates to the relationship between benefits), in

subsection (2)(a), for “section 5(1)(r)” substitute “section 5(1ZA) or (1A)”.”
After Clause 20
23
Insert the following new Clause—

“Power to up-rate benefits following review in tax year 2009-10

In relation to the review under subsection (1) of section 150 of the Social

Security Administration Act 1992 (annual up-rating of benefits) in the tax

year ending with 5 April 2010, the other provisions of that section are to

have effect as if—

(a)
after subsection (2) there were inserted—

“(2A)
Where it appears to the Secretary of State that the general

level of prices is no greater at the end of the period under

review than it was at the beginning of that period, the

Secretary of State may, if the Secretary of State considers it

appropriate having regard to the national economic

situation and any other matters which the Secretary of State

considers relevant, lay before Parliament the draft of an up-

rating order—

(a)
which increases by such a percentage or percentages

as the Secretary of State thinks fit any of the sums

mentioned in subsection (1); and

(b)
stating the amount of any sums which are

mentioned in subsection (1) but which the order

does not increase.”,

(b)
in subsection (5), after “(2)” there were inserted “or (2A)”, and

(c)
in subsection (6)—

(i)
after “(2)” there were inserted “or (2A)”, and

(ii)
after “requires” there were inserted “or authorises”.”
After Clause 22
24
Insert the following new Clause—

“Repeal of sections 62 to 66 of the Child Support, Pensions and Social Security

Act 2000

In the Child Support, Pensions and Social Security Act 2000 (c. 19), omit

sections 62 to 66 (loss of benefit for breach of community order).”

6

Before Clause 25
25
Insert the following new Clause—

“Exemption from jobseeking conditions for victims of domestic violence

(1)
In Schedule 1 to the Jobseekers Act 1995 (c. 18) (supplementary provisions),

after paragraph 8A insert—

“8B(1)
This paragraph applies if domestic violence has been inflicted on

or threatened against a person (“V”) in prescribed circumstances.

      (2)
The Secretary of State must exercise the powers to make

regulations under sections 6(4) and 7(4) so as to secure that, for

an exempt period, V is treated as—

(a)
being available for employment; and

(b)
actively seeking employment.

      (3)
If V has not entered into a jobseeker’s agreement before the

exempt period begins, the Secretary of State must also exercise

the power to make regulations under section 9(10) so as to secure

that V is treated as having entered into a jobseeker’s agreement

which is in force for the exempt period.

      (4)
In this paragraph—

“domestic violence” has such meaning as may be

prescribed;

“exempt period” means a period of 13 weeks beginning no

later than a prescribed period after the date (or last date)

on which the domestic violence was inflicted or

threatened.

      (5)
Regulations may make provision for the purposes of this

paragraph prescribing circumstances in which domestic violence

is, or is not, to be regarded as being inflicted on or threatened

against a person.”

(2)
In section 37(1)(c) of that Act (regulations subject to the affirmative

resolution procedure), after “or paragraph” insert “8B or”.”
26
Insert the following new Clause—

“Good cause for failure to comply with regulations etc

(1)
In Schedule 1 to the Jobseekers Act 1995 (c. 18) (supplementary provisions),

after paragraph 14 insert—

“Good or just cause for acts or omissions

14A(1)
This paragraph applies to any regulations made under this Act

that prescribe matters to be taken into account in determining

whether a person has good cause or just cause for any act or

omission (including any failure to comply with the regulations).

      (2)
The provision made by the regulations prescribing those matters

must include provision relating to—

(a)
the person’s physical or mental health or condition;

(b)
the availability of childcare.”

7

(2)
In Schedule 2 to the Welfare Reform Act 2007 (c. 5) (employment and

support allowance: supplementary provisions), after paragraph 10 insert—

“Good cause for failure to comply with certain regulations

10A(1)
This paragraph applies to any regulations made under section

11, 12 or 13 that prescribe matters to be taken into account in

determining whether a person has good cause for any failure to

comply with the regulations.

      (2)
The provision made by the regulations prescribing those matters

must include provision relating to—

(a)
the person’s physical or mental health or condition;

(b)
the availability of childcare.””
27
Insert the following new Clause—

“Jobseekers’ agreements and action plans: well-being of children

(1)
In section 9 of the Jobseekers Act 1995 (c. 18) (the jobseeker’s agreement),

after subsection (4) insert—

“(4A)
In preparing a jobseeker’s agreement for a claimant, the officer

must have regard (so far as practicable) to its impact on the well-

being of any child who may be affected by it.”

(2)
In section 14 of the Welfare Reform Act 2007 (c. 5) (employment and

support allowance: action plans in connection with work-focused

interviews), at the end insert—

“(5)
In preparing any action plan, the Secretary of State must have

regard (so far as practicable) to its impact on the well-being of any

person under the age of 16 who may be affected by it.””
Clause 25
28
Page 32, line 24, after “paragraph” insert “5A or”
After Clause 28
29
Insert the following new Clause—

“Power to rename council tax benefit

(1)
The Secretary of State shall by order provide for the benefit referred to in

section 123(1)(e) of the Social Security Contributions and Benefits Act 1992

(council tax benefit) to be known instead, either generally or in cases

prescribed by the order, as council tax rebate.

(2)
An order under this section may—

(a)
amend references to council tax benefit in any Act (whenever

passed) or in any instrument made under any Act (whenever

made);

(b)
make provision about the interpretation of references to council tax

benefit in other documents;

(c)
make different provision for different areas.