09159.8-12

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Lords Amendments to the Welfare Reform Bill

8

(3)
In subsection (2)(a) “Act” means—

(a)
an Act of Parliament,

(b)
an Act of the Scottish Parliament, or

(c)
a Measure or Act of the National Assembly for Wales.

(4)
The power to make an order under this section is exercisable by statutory

instrument.

(5)
Subsections (3) to (5) of section 175 of the Social Security Contributions and

Benefits Act 1992 (general provisions as to regulations and orders) apply in

relation to the power conferred by this section as they apply in relation to

a power conferred by that Act to make an order.

(6)
The first order under this section may not be made unless a draft of the

statutory instrument containing the order has been laid before, and

approved by a resolution of, each House of Parliament.

(7)
A statutory instrument containing an order under this section to which

subsection (6) does not apply is subject to annulment in pursuance of a

resolution of either House of Parliament.”
Clause 31
30
Page 38, line 2, at end insert—

“( )
the provision of residential accommodation for P;”
31
Page 38, line 8, at end insert—

“(4A)
Subsection (4) is subject to section 36(3A) (which relates to pilot schemes)

and to section (Power to repeal exclusion of community care services) (which

gives power to repeal the exclusion of community care services).”
32
Page 38, line 10, leave out from “services” to end of line 11
33
Page 38, line 17, leave out from “services” to “and” in line 18
Clause 33
34
Page 39, line 11, leave out subsection (2) and insert—

“(2)
Regulations under this section may, in particular, make provision for and

in connection with requiring a relevant authority to take the following

steps in relation to a disabled person (“P”) for whom it is obliged, or has

decided, to provide, or arrange the provision of, relevant services—

(a)
to inform P of the right to control conferred by virtue of the

regulations, of the value of the relevant services to which P is

entitled and of the choices available to P by virtue of the

regulations;

(b)
to work with P to determine the outcomes to be achieved by the

provision of the relevant services;

(c)
to work with P to prepare a plan (a “support plan”) setting out how

those outcomes will be achieved;

(d)
to work with P to review and revise the support plan in prescribed

circumstances;

(e)
if P so requests, to make payments to P in respect of P securing the

provision of an equivalent service;

9

(f)
to the extent that P chooses to receive relevant services provided or

arranged by the relevant authority, to provide, or arrange for them

to be provided, in accordance with P’s support plan as far it is

reasonably practicable to do so.”
35
Page 39, line 28, leave out paragraph (c)
Clause 34
36
Page 40, line 8, leave out “(2)(d)” and insert “(2)(e)”
Clause 35
37
Page 41, line 24, leave out “(2)(d)” and insert “(2)(e)”
Clause 36
38
Page 41, line 46, at end insert—

“(3A)
Subsections (5)(a) and (6)(a) of section 31 do not restrict the power to make

a pilot scheme; and accordingly a pilot scheme may relate to community

care services.”
Clause 37
39
Page 42, line 21, leave out “and”
40
Page 42, line 26, at end insert—

“(c)
in relation to provision that does not fall within paragraph (b) and

relates to relevant services in Wales with respect to which functions

are exercisable—

(i)
by a Minister of the Crown, and

(ii)
by the Welsh Ministers, the First Minister or the Counsel

General,


the Secretary of State or the Welsh Ministers are the appropriate

authority, and

(d)
in relation to provision that does not fall within paragraph (b) or (c)

and relates to relevant services in Wales with respect to which

functions are exercisable by the Welsh Ministers, the First Minister

or the Counsel General, the Welsh Ministers are the appropriate

authority.”
41
Page 42, line 27, after “33” insert—


“(a)”
42
Page 42, line 28, at end insert “and

(b)
does not include power to make provision—

(i)
removing or modifying any function of the Welsh Ministers,

the First Minister or the Counsel General, or

(ii)
conferring or imposing any function on the Welsh

Ministers, the First Minister or the Counsel General.

( )
Any power of the Welsh Ministers to make regulations under section 33 by

virtue of subsection (2)(c) or (d) does not include power to make

provision—

(a)
removing or modifying any function of a Minister of the Crown, or

10

(b)
conferring or imposing any function on a Minister of the Crown.”
43
Page 42, line 30, at end insert—

““the Counsel General” means the Counsel General to the Welsh

Assembly Government;

“the First Minister” means the First Minister for Wales;

“Minister of the Crown” includes the Treasury.”
After Clause 39
44
Insert the following new Clause—

“Power to repeal exclusion of community care services

(1)
An order under this subsection may repeal section 31(5)(a).

(2)
The power to make an order under subsection (1) is exercisable—

(a)
in relation to England, by the Secretary of State with the consent of

the Treasury, and

(b)
in relation to Wales, by the Welsh Ministers.

(3)
The power of the Secretary of State to make an order under subsection (1)

is exercisable only if—

(a)
the Secretary of State has previously made a pilot scheme that

relates to community care services, and has in accordance with

section 36(7) published a report on the operation of the pilot

scheme, or

(b)
the Secretary of State has previously given directions under a

relevant enactment with a view to enabling disabled people to

exercise (either in England generally or in a specified area or areas)

greater choice in relation to, and greater control over, the way in

which community care services are provided to or for them.

(4)
In subsection (3)—

(a)
“pilot scheme” has the meaning given by section 36(3);

(b)
“relevant enactment” means—

(i)
section 7A of the Local Authority Social Services Act 1970

(directions by Secretary of State as to exercise of social

services functions), or

(ii)
section 47(4) of the National Health Service and Community

Care Act 1990 (directions by Secretary of State in relation to

assessment of needs for community care services).

(5)
The Scottish Ministers may by order repeal section 31(6)(a).

(6)
An order under subsection (1) or (5) may make any consequential

modification of section 31(4A) or 36(3A).

(7)
The power to make an order under subsection (1) or (5) is exercisable by

statutory instrument.”
Clause 40
45
Page 43, line 24, after “33” insert “or an order under section (Power to repeal

exclusion of community care services)(1)”
46
Page 43, line 27, after “33” insert “or an order under section (Power to repeal

11

exclusion of community care services)(5)”
47
Page 43, line 30, after “33” insert “or an order under section (Power to repeal

exclusion of community care services)(1)”
Clause 41
48
Page 43, line 33, at end insert—

““community care services” means—

(a)
in relation to England and Wales, community care services

as defined by section 46(3) of the National Health Service

and Community Care Act 1990 (c. 19);

(b)
in relation to Scotland, community care services as defined

by section 5A of the Social Work (Scotland) Act 1968 (c. 49);”
49
Page 43, line 41, at end insert—

““relevant authority” has the meaning given by section 32;

“relevant services” has the meaning given by section 31.”
After Clause 43
50
Insert the following new Clause—


“Report on operation of travel authorisation amendments

(1)
The Secretary of State must prepare a report on the operation during the

review period of the amendments of the 1991 Act made by section 42 and

Schedule 5 so far as those amendments relate to the disqualification of any

person for holding or obtaining a travel authorisation.

(2)
“The review period” is the period of 24 months beginning with the day on

which section 42 and Schedule 5 come into force in relation to the

disqualification of any person for holding or obtaining a travel

authorisation.

(3)
The Secretary of State must—

(a)
prepare the report, and

(b)
lay it before Parliament,


within 6 months from the end of the review period.

(4)
The continued effect of the travel authorisation amendments depends on

whether the Secretary of State makes an order under this subsection within

the relevant period providing for those amendments to continue to have

effect.

(5)
“The relevant period” means the period of 30 days beginning with the day

on which the report is laid before Parliament; and, in reckoning this period,

no account is to be taken of any time during which Parliament—

(a)
is dissolved or prorogued, or

(b)
is adjourned for more than 4 days.

(6)
If no order is made as mentioned in subsection (4), the Secretary of State

must instead make an order under this subsection containing such

amendments of the 1991 Act as the Secretary of State considers necessary

to secure that the effect of the travel authorisation amendments is reversed.

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(7)
The effect of the travel authorisation amendments is to be regarded as

reversed if the 1991 Act is amended so that it has the same effect in relation

to the disqualification of any person for holding or obtaining a travel

authorisation as it would have had if this Act had not been passed.

(8)
An order under subsection (6) may contain consequential provision and

transitional provision or savings.

(9)
The consequential provision that may be made by an order under

subsection (6) includes, in particular, provision amending, repealing or

revoking—

(a)
any provision of any Act passed before the making of the order, or

(b)
any provision of any instrument made under any Act before the

making of the order.

(10)
Any power to make an order under this section is exercisable by statutory

instrument.

(11)
An order under subsection (4) may not be made unless a draft of the

statutory instrument containing the order has been laid before, and

approved by a resolution of, each House of Parliament.

(12)
A statutory instrument containing an order under subsection (6) is subject

to annulment in pursuance of a resolution of either House of Parliament.

(13)
In this section—

“the 1991 Act” means the Child Support Act 1991 (c. 48);

“travel authorisation” has the same meaning as in section 39B of the

1991 Act;

“the travel authorisation amendments” means the amendments of the

1991 Act made by section 42 and Schedule 5 so far as relating to the

disqualification of any person for holding or obtaining a travel

authorisation.”
Clause 50
51
Page 51, line 25, after “provisions);” insert—

“section (Power to rename council tax benefit) (power to rename council

tax benefit);”
Clause 51
52
Page 51, line 38, at end insert—

“section (Power to up-rate benefits following review in tax year 2009-10);”
Schedule 1
53
Page 53, line 30, at end 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

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

as, a child under the age of one.”
54
Page 56, line 11, at end insert—