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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 Order of the |
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| | Clause 76, page 54, line 33, after ‘condition’, insert ‘or communication needs’. |
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| | Clause 76, page 54, line 37, after ‘condition’, insert ‘or communication needs’. |
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| | Clause 76, page 55, line 11, at end insert— |
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| | | ‘(7) | In section 70, Social Security Contributions and Benefits Act 1992, for subsection |
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| | | (2) there is substituted— |
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| | | “(2) | In this section, ‘severely disabled person’ means a person in respect of |
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| | | whom there is payable either an attendance allowance or a personal |
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| | | independence payment by virtue of entitlement to the daily living |
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| | | component at a rate prescribed in regulations, or such other payment out |
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| | | of public funds on account of his need for attendance as may be |
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| | Clause 77, page 55, line 17, after ‘condition’, insert ‘or communication needs’. |
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| | Clause 77, page 55, line 23, after ‘condition’, insert ‘or communication needs’. |
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| | Clause 77, page 55, line 39, leave out from ‘where’ to end of the clause and insert |
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| | ‘the person is in a coma or vegetative state’. |
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| | Clause 78, page 56, line 5, after ‘condition’, insert ‘or communication needs’. |
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| | Clause 78, page 56, line 7, after ‘condition’, insert ‘or communication needs’. |
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| | Clause 78, page 56, line 9, after ‘condition’, insert ‘or communication needs’. |
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| | Clause 78, page 56, line 11, after ‘condition’, insert ‘or communication needs’. |
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| | Clause 78, page 56, line 21, at end insert— |
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| | | ‘(d) | must provide for the assessment to be carried out in accordance with the |
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| | | Welsh Language scheme adopted by the Department and endorsed by the |
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| | Clause 78, page 56, line 25, at end insert— |
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| | | ‘(ba) | about which people, including healthcare and other relevant |
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| | | professionals, may provide information or evidence for consideration in |
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| | | determining the questions mentioned in subsections (1) and (2).’. |
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| | Clause 78, page 56, line 29, at end insert— |
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| | | ‘(d) | allowing a suitable person, as defined under regulations, to participate |
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| | | with or on behalf of the claimant in a consultation to determine the |
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| | | questions mentioned in subsections (1) and (2).’. |
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| | Clause 78, page 56, line 29, at end insert— |
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| | | ‘(d) | exempting certain groups from a requirement to participate in a |
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| | | consultation to determine the questions mentioned in subsection, (1) and |
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| | Clause 78, page 56, line 29, at end insert— |
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| | | ‘(d) | exempting certain categories of people from any requirement to |
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| | | participate in an assessment (or repeated assessments) where their |
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| | | diagnosis, or available medical and other expert evidence, is deemed |
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| | | sufficient to determine the questions measured in subsections (1) and |
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| | Clause 78, page 56, line 40, at end insert— |
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| | | ‘(7) | The Secretary of State must consult with appropriate organisations prior to |
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| | | drafting regulations made under sections 78(3), 78(4) and 78(5).’. |
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| | Clause 78, page 56, line 40, at end insert— |
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| | | ‘(7) | The Secretary of State shall ensure that any assessment carried out under this |
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| | | section is performed by an individual who has access to sufficient skills and |
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| | | expertise appropriate to the impairment type of the claimant, as defined in |
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| | | (8) | The Secretary of State shall issue clear guidance outlining the needs of different |
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| | | impairment groups for the use of professionals assessing people under this |
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| | Clause 78, page 56, line 40, at end insert— |
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| | | ‘(9) | Regulations shall exempt people with prescribed medical conditions from the |
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| | | requirement in subsection (4)(c), including in prescribed circumstances where the |
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| | | (i) | severely mentally impaired; |
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| | | (iv) | undergoing haemodialysis; |
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| | | (v) | severely visually impaired; and/or |
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| | | (vi) | meets the requirements of special rules set out in Clause 80.’. |
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| | Clause 78, page 56, line 40, at end insert— |
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| | | ‘(10) | The assessment process specified in Regulations under subsection (3) shall, prior |
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| | | to its national implementation, be the subject of a pilot, which— |
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| | | (a) | shall operate in one or more specified areas; and |
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| | | (b) | shall assess the impact on specific groups of people, including those with |
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| | | fluctuating conditions and mental health conditions; and |
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| | | (c) | shall receive a formal response from the Secretary of State.’. |
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| | Clause 79, page 56, line 45, leave out ‘6’ and insert ‘3’. |
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| | Clause 79, page 57, line 3, leave out ‘6’ and insert ‘9’. |
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| | Clause 79, page 57, line 6, at end insert ‘, or |
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| | | (c) | for persons who experience a sudden onset physical or mental condition, |
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| | | whether, as respects every time in the next 12 months, it is likely that if |
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| | | the relevant ability were to be assessed at that time that ability would be |
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| | | determined to be limited or (as the case may be) severely limited by the |
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| | | person’s physical or mental condition. |
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| | | (11A) | Regulations must make provisions as to— |
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| | | (a) | what conditions are to be considered “a sudden onset physical or mental |
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| | | (b) | the amount or rate of payment which can be made under subsection (1)(c) |
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| | Clause 79, page 57, line 15, leave out from ‘previous’ to second ‘months’ and |
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| | insert ‘3 months means the 3’. |
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| | Clause 79, page 57, line 17, leave out from ‘next’ to second ‘months’ and insert ‘9 |
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| | Clause 81, page 58, line 6, at end insert ‘otherwise than by virtue of an award made |
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| | before he attains that age.’. |
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| | | Clause 83, page 58, line 34, leave out ‘meets the condition in subsection (2)’ and |
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| | insert ‘is an in-patient of a hospital.’. |
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| | Clause 83, page 58, line 37, leave out ‘or a resident of a care home’. |
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| | Clause 83, page 58, line 40, leave out subsection (3). |
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| | Clause 86, page 59, line 33, at end insert ‘at least every two years for at least six |
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| | years after that section comes into force’. |
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| | Clause 86, page 59, line 34, leave out ‘3’ and insert ‘2’. |
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| | Clause 87, page 60, line 4, at end add ‘for over 16’s’. |
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| | Schedule 10, page 138, line 36, at end insert— |
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| | | ‘(3) | The Secretary of State shall not transfer any existing recipients of disability living |
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| | | allowance to personal independence payment, including under sub-paragraph (1), |
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| | | (a) | published a report about the operation of the personal independence |
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| | | payment application and assessment process for new claimants; and |
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| | | (b) | conducted and responded to a consultation about the process that will be |
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| | | used to transfer existing disability living allowance recipients to personal |
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| | Clause 91, page 61, line 7, leave out ‘under this Part’ and insert ‘made under this |
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| | Part by the Secretary of State’ |
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| | Clause 91, page 61, line 12, leave out ‘assessment of’ and insert ‘all aspects of |
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| | Personal Independence Payments for’. |
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| | Clause 91, page 61, line 12, at end insert— |
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| | | ‘(c) | regulations under section 83,’. |
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| | Clause 91, page 61, line 13, after ‘unless’, insert ‘a public consultation has taken |
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| | Clause 91, page 61, line 14, leave out ‘a’ and insert ‘an affirmative’. |
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| | Clause 91, page 61, line 14, leave out ‘a resolution’ and insert ‘an affirmative |
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