Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee: 3 May 2011

146

Welfare Reform Bill, continued

Guto Bebb

193

Clause  78,  page  56,  line  21,  at end insert—

‘(d)	must provide for the assessment to be carried out in accordance with the

Welsh Language scheme adopted by the Department and endorsed by the

Welsh Language Board.’.

Kate Green

198

Clause  87,  page  60,  line  4,  at end add ‘for over 16’s’.

Chris Grayling

Maria Miller

94

Clause  91,  page  61,  line  7,  leave out ‘under this Part’ and insert ‘made under this

Part by the Secretary of State’

Kate Green

186

Clause  91,  page  61,  line  12,  leave out ‘assessment of’ and insert ‘all aspects of

Personal Independence Payments for’.

Kate Green

187

Clause  91,  page  61,  line  13,  after ‘unless’, insert ‘a public consultation has taken

place and’.

Kate Green

188

Clause  91,  page  61,  line  14,  leave out ‘a’ and insert ‘an affirmative’.

Kate Green

185

Clause  91,  page  61,  line  14,  at end insert—

‘(6A)

Regulations under this Part must outline how the Government will ensure a

smooth transition from Disability Living Allowance to Personal Independence

Payments for disabled young people when they turn 16.’.

Chris Grayling

Maria Miller

95

Clause  91,  page  61,  line  15,  leave out subsection (7)

Chris Grayling

Maria Miller

96

Clause  91,  page  61,  line  25,  at end insert—

Public Bill Committee: 3 May 2011

147

Welfare Reform Bill, continued

‘( )	Regulations made by the Scottish Ministers under section 89 are subject to—

(a)	the affirmative procedure, if they contain provision amending or

repealing primary legislation (within the meaning of that section), and

(b)	the negative procedure, in any other case.’

Kate Green

197

Clause  93,  page  62,  line  24,  at end insert—

‘(4A)

Family and friends carers will be exempt from the benefit cap—

(a)	where the child comes to live with the carer as a result of plans made

within a section 47 Children Act 1989 child protection enquiry;

(b)	where a child comes to live with the carer following a section 37 Children

Act 1989 investigation;

(c)	where a carer has secured a Residence Order or Special Guardianship

Order to avoid a child being looked after, and there is professional

evidence of the impairment of the parents’ ability to care for the child;

(d)	where the carer has a Residence Order or Special Guardianship Order

arising out of care proceedings;

(e)	where the carer has a Residence Order or Special Guardianship Order

following the accommodation of a child;

(f)	where the carer has a Residence Order or Special Guardianship Order

following the death or serious illness of a parent.’.

Kate Green

182

Clause  93,  page  62,  line  27,  at end insert ‘equivalised as to household size’.

Kate Green

184

Clause  98,  page  65,  line  4,  at end insert—

‘(1A)

In section 5(1) of the Social Security Administration Act 1992 (regulations about

claims and payments), after paragraph (r) there is inserted—

“(s)	for the making of a payment pending appeal.”’.

Kate Green

195

Page  67,  line  8,  leave out Clause 102.

Public Bill Committee: 3 May 2011

148

Welfare Reform Bill, continued

Kate Green

194

Page  70,  line  35,  leave out Clause 103.

Kate Green

183

Page  71,  line  1,  leave out Clause 104.

Chris Grayling

100

Schedule  13,  page  146,  leave out line 29 and insert—

‘Section 6.

In section 7—

(a)	in the heading, the words “community

charge benefits and other”;

(b)	subsection (2), so far as not otherwise

repealed;

(c)	subsection (3)(b) and the preceding “and”.’

Chris Grayling

101

Schedule  13,  page  152,  leave out line 8

Chris Grayling

102

Schedule  13,  page  154,  line  32,  at end insert—

‘( )	in subsection (2)(a), “Part 1 of”;’.

Chris Grayling

103

Schedule  13,  page  155,  line  3,  at end insert ‘and (4)’

Chris Grayling

104

Schedule  13,  page  155,  line  20,  at end insert ‘, so far as not otherwise repealed’

Chris Grayling

105

Schedule  13,  page  157,  line  28,  leave out ‘8(2A)’ and insert ‘8(2)(ca) and (d),

(2A)’

Chris Grayling

106

Schedule  13,  page  158,  line  10,  at end insert ‘and (7) and (8)’

Public Bill Committee: 3 May 2011

149

Welfare Reform Bill, continued

Chris Grayling

107

Schedule  13,  page  158,  line  18,  at end insert—

‘(c)	the definition of “training”.’

Chris Grayling

108

Schedule  13,  page  158,  line  21,  leave out ‘and (b)’

Chris Grayling

109

Schedule  13,  page  158,  line  43,  leave out from beginning to end of line 44

Chris Grayling

110

Schedule  13,  page  163,  line  30,  second column, at beginning insert—

‘Section 7(2)(a).’

NEW CLAUSES

Matters to be considered before the imposition of a sanction or penalty

Kate Green

NC1

To move the following Clause:—

‘(1)	In respect of the imposition of a sanction under the Jobseeker’s Act 1995 or any

other provision or in the case of a penalty imposed under section 115C of the

Social Security Administration Act 1992 the Secretary of State or an authority

shall consider—

(a)	evidence of the physical condition of the claimant and his or her state of

health;

(b)	evidence of the psychological state of health of the claimant;

(c)	evidence relating to the means and income of the claimant;

(d)	evidence relating to the accommodation occupied by the claimant and the

effect that the imposition of a sanction or penalty may have on the right

to occupy such accommodation;

(e)	the family circumstances of the claimant and the impact that it may have

on other family members and dependants;

(f)	evidence of the impact that a sanction or penalty may have on the ability

of the claimant to fulfil obligations to third parties including those

relating to the fulfilment of benefit entitlement conditions.

(2)	Before deciding whether to impose a sanction or penalty and shall only do so

where, having considered all the relevant circumstances, it is reasonable to do so.

(3)	Regarding evidence as to means the Secretary of State must consider—

(a)	the income of the claimant;

(b)	the capital of the claimant;

Public Bill Committee: 3 May 2011

150

Welfare Reform Bill, continued

(c)	the expenditure of the claimant.

(4)	In order to facilitate the enquiry into the matters set out in subsection (1) the

Secretary of State or authority may—

(a)	arrange for a medical examination of the claimant;

(b)	obtain information from any agency holding relevant information on the

income and resources of the claimant;

(c)	receive evidence from any other person or persons with a knowledge of

the cicumstances of the claimant.

(5)	A person who is subject to a penalty may appeal to a Tribunal (Lower Tier)

against the imposition of such a penalty.’.

Sums to be deducted in calculating recoverable overpayments

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

NC2

To move the following Clause:—

‘In calculating the amount of a recoverable overpayment, there shall be deducted

any amount of universal credit which should have been payable during the

overpayment period on the basis of the claim as presented, or on the basis of the

claim had any misrepresentation or non-disclosure been remedied before the

decision.’.

Procedure for regulation-making powers

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

NC3

To move the following Clause:—

‘In section 26 of the Welfare Reform Act 2007, in subsection (1), at end insert:

“(e)	regulations made under sections 11D and 11J.”.’.

Public Bill Committee: 3 May 2011

151

Welfare Reform Bill, continued

Sure Start Maternity Grant for Multiples

Tom Greatrex

Anas Sawar

NC4

To move the following Clause:—

‘Regulations shall make provision for the payment of a Sure Start Maternity

Grant of £500 for each first born baby and in the case of subsequent multiple

births, a single payment will be made of £500 for twins, £1,000 for triplets and

£1,500 for higher multiples.’.

Citizen financial safety protection payment fund

Stella Creasy

Kate Green

NC5

To move the following Clause:—

‘(1)	The Government shall make provision for a fund to support the provision of

citizen financial safety protection payments to prevent immediate personal

destitution and to be administered through the offices of the Department for Work

and Pensions. These payments will enable financial support to be given within

thirty days to applicants in the following circumstances—

(a)	to ease exceptional circumstances for individuals and families which

may lead to homelessness or household financial insolvency,

(b)	to support pensioners in receipt of financial assistance from public

authorities, young people who are about to leave care or recent care

leavers, and those with children under the age of 16, to manage personal

transitions in lifestyle,

(c)	to meet other needs in accordance with directions given or guidance

issued by the Secretary of State.

(2)	Guidance will be laid before parliament to determine who would be able to apply

for a citizen financial safety protection payment and the circumstances under

which it can be claimed and funded. This guidance will take in the following

factors—

(a)	the ability of the applicant to prevent destitution for them or their

dependants without access to such funds,

(b)	ease of access to alternative affordable sources of credit for the applicant

within the locality,

(c)	the length of time taken by local administering authorities to process

claims for alternative means of support, and

(d)	measures for adjudication of claims made by the Department for Work

and Pensions against local administering authorities for the total cost of

provision of citizen financial safety protection payments in the absence

of provision of appropriate support by such authorities.

(3)	The power to make a payment out of the citizen protection fund such as is

mentioned in subsection (1) above may be exercised by making a payment to a

third party with a view to the third party providing, or arranging for the provision

of, goods or services for the applicant.

Public Bill Committee: 3 May 2011

152

Welfare Reform Bill, continued

(4)	In this section “prescribed” means specified in or determined in accordance with

regulation.’.

Social Fund review

Stella Creasy

Kate Green

NC6

To move the following Clause:—

‘The Government will lay before parliament annually a review of the impact of

the abolition of a nationally administered social fund which will cover the

following topics—

(1)	The level of applications received by each local area for assistance.

(2)	The nature and amount of applications and awards made by each administering

authority.

(3)	The cost of administration of the scheme by each administering authority.

(4)	The criteria used by every administering authority for making awards and all of

the guidance they issue to their staff (and their proxies’ staff).

(5)	Information as to the status of each applicant and their household whether

successful or not.’.

Advice on financial assistance

Stella Creasy

Kate Green

NC7

To move the following Clause:—

‘The Government will require all those working with applicants for welfare

provision who are publicly funded to ensure their clients are informed about the

existence of publicly provided financial assistance and where relevant locally

available sources of alternative affordable credit provision. This information

must be provided in a format which is accessible to the applicant.’.

Limitation Act 1980

Kate Green

NC8

To move the following Clause:—

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