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| | For other Amendment(s) see the following page(s):
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| | Welfare Reform Bill Committee 191-203 |
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| | Clause 97, page 64, line 34, at end insert— |
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| | | ‘(3C) | For the purposes of paragraph (3B), elements or sub-elements of the universal |
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| | | credit award that are paid in respect of children, including any amount in respect |
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| | | of childcare, shall by default be paid to the main carer of the children, except in |
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| | | prescribed circumstances.’. |
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| | Clause 98, page 65, line 6, at end insert— |
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| | | ‘(3) | Where there is insufficient information to calculate entitlement to the full amount |
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| | | of universal credit, the claimant shall continue to be paid an amount in respect of |
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| | | any component or components for which there is sufficient information to |
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| | | calculate eligibility, with these components corresponding to the elements in |
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| | | sections 9 to 12 of this Act and/or to any appropriate sub-elements as specified in |
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| | | regulations, except in prescribed circumstances.’. |
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| | Clause 99, page 66, line 16, at end insert— |
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| | | ‘(10) | In section 5(1) of the Social Security Administration Act 1992 (regulations about |
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| | | claims and payments), after paragraph (r), there is inserted— |
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| | | “(s) | for the making of a payment pending appeal.”’. |
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| | Clause 102, page 67, line 43, at end insert— |
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| | | ‘(8) | In prescribed circumstances, overpayments shall not be recoverable.’. |
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| | Clause 102, page 67, line 43, at end insert— |
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| | | ‘(8) | Official error overpayments of benefits by local authorities, HMRC or the |
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| | | Department of Work and Pensions, that occur when the claimants could not |
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| | | reasonably have been expected to know they were being overpaid, cannot be |
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| | Clause 102, page 67, leave out lines 22 and 23. |
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| | Clause 102, page 69, leave out lines 19 and 20. |
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| | Clause 102, page 70, leave out lines 1 and 2. |
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| | Clause 111, page 74, line 36, leave out ‘an’ and insert ‘a significant’. |
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| | Clause 111, page 75, line 34, leave out ‘an’ and insert ‘a significant’. |
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| | Clause 111, page 75, line 44, leave out ‘an’ and insert ‘a significant’. |
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| | Clause 111, page 75, line 25, at end insert— |
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| | | ‘(7) | Under no circumstances shall the Secretary of State allow any targets to be set that |
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| | | would be intended to provide an incentive to increase the number or value of civil |
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| | | penalties issued under this section.’. |
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| | Clause 111, page 76, line 12, at end insert— |
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| | | ‘(7) | Under no circumstances shall the Secretary of State allow any targets to be set that |
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| | | would be intended to provide an incentive to increase the number or value of civil |
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| | | penalties issued under this section.’. |
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| | Clause 111, page 76, line 12, at end insert— |
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| | | ‘(2) | Subsection (1) shall not take effect until the Secertary of State has published a |
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| | | report setting out the criteria that will be used to define whether an error will or |
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| | | will not be considered to fall within sections 115C and 115D of the Social |
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| | | Security Administration Act 1992, as inserted by subsection (1), and how |
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| | | individual characteristics of the claimant are to be taken into account when |
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| | | making the distinction.’. |
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| | Clause 111, page 76, line 12, at end insert— |
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| | | ‘(2) | Subsection (1) shall not take effect until the Secretary of State has published a |
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| | | report setting out how the appropriate authority will determine what reasonable |
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| | | steps a claimant can be expected to take to avoid error.’. |
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| | Clause 111, page 76, line 12, at end insert— |
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| | | ‘(2) | Subsection (1) shall not take effect until the Secretary of State has published a |
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| | | report setting out what information, guidance and other assistance the appropriate |
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| | | authority will provide to each person making a claim to enable them to understand |
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| | | and meet their responsibilities with respect to that claim.’. |
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| | Clause 111, page 75, line 10, at end insert— |
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| | | ‘(3A) | The amount levied under subsection (2) shall not be greater than the value of the |
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| | | overpayment arising from failures outlined in subsection (1).’. |
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| | Clause 111, page 75, line 47, at end insert— |
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| | | ‘(2A) | The amount levied under subsections (1) and (2) shall not be greater than the |
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| | | value of the overpayment arising from failures outlined in those subsections.’. |
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| | Clause 121, page 90, line 39, at end insert— |
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| | | ‘(11) | The Secretary of State shall commission a report, which is to be published no later |
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| | | than 365 days after this Bill receives Royal Assent, about the possibility of using |
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| | | and/or adapting the relevant information-sharing systems to inform policy on the |
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| | | Payment of universal credit elements |
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| | To move the following Clause:— |
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| | | ‘(1) | Any amount of the universal credit award that is paid in respect of rent charges |
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| | | shall by default be paid to the person liable for that charge, except in prescribed |
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| | | (2) | Any amount of the universal credit award that is paid in respect of a disability |
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| | | shall be paid to the disabled person or to that person’s designated carer, except in |
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| | | prescribed circumstances. |
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| | | (3) | Regulations may provide further circumstances in which a proportion of |
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| | | universal credit may be payable to a particular individual.’. |
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| | | Universal credit payment statement |
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| | To move the following Clause:— |
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| | | ‘The Secretary of State will provide a record to the claimant detailing the amount |
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| | | and composition of the award, including amounts in respect of each of the |
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| | | elements specified in sections 9 to 12 of this Act and of any appropriate sub- |
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| | | elements as specified in regulations.’. |
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| | To move the following Clause:— |
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| | | ‘(1) | The amount in respect of other particular needs or circumstance, under section 12, |
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| | | shall include a childcare element for claimants who are in work, except in |
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| | | prescribed circumstances. |
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| | | (2) | The maximum award of the childcare element shall be a prescribed proportion of |
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| | | childcare costs (not less than 80%, or 90% where the element contributes to care |
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| | | for a disabled child), up to a prescribed maximum value (not less than £175 per |
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| | | week for one child and £300 for two or more children). |
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| | | (3) | “Childcare charges” are charges of a prescribed description incurred in respect of |
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| | | childcare by the claimant or claimants by whom a universal credit claim is made. |
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| | | (4) | “Childcare”, in relation to a person or persons, means care provided— |
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| | | (a) | for any child up to the last day in the week in which 1 September falls |
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| | | following the child’s 15th birthday or their 16th birthday if they are |
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| | | disabled, for whom the person is responsible, or for whom either or both |
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| | | of the persons is or are responsible; and |
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| | | (b) | by a person of a prescribed description. |
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| | | (5) | Except in prescribed circumstances, the childcare element shall not be paid where |
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| | | a claimant is in work for fewer than a prescribed number of hours a week or, in |
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| | | the case of a couple, where one or both of the claimants are in work for fewer than |
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| | | a prescribed number of hours a week. |
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| | | (6) | For the purposes of this section, regulations are to provide for a definition of |
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| | To move the following Clause:— |
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| | | ‘(1) | The amount in respect of other particular needs or circumstances, under section |
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| | | 12, shall include an amount in respect of school meals for any dependents of the |
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| | | (2) | The maximum award of the amount under this section shall be 100 per cent. of |
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| | | the cost that the claimant would expect to incur in respect of school meals, up to |
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| | | a prescribed maximum value per child. |
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| | | (3) | Regulations shall specify the circumstances under which a claimant shall be |
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| | | entitled to an amount under this section. |
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| | | (4) | Under no circumstances shall any amount payable under this section be included |
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| | | in the relevant amount specified in section 93(5) of this Act.’. |
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| | | Information-sharing for prevention etc of tax credit fraud |
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| | To move the following Clause:— |
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| | | ‘(1) | Section 122B of the Social Security Administration Act 1992 (supply of |
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| | | government information for fraud prevention etc) is amended as follows. |
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| | | (2) | In subsection (2)(a), after “social security” there is inserted “or tax credits”. |
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| | | (a) | in paragraph (b), after “1995” there is inserted “, the Tax Credits Act |
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| | | (b) | in that paragraph, the final “or” is repealed, and |
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| | | (c) | after paragraph (c) there is inserted “or |
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| | | (d) | it is supplied under section 121 of the Welfare Reform |
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| | Clause 128, page 97, line 2, leave out from ‘Commission’ to end of line 8 and insert |
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| | ‘may with a view to ensuring that there are effective maintenance arrangements in place— |
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| | | (a) | take such steps as it considers appropriate to ensure that all parents |
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| | | eligible for child maintenance are made fully aware of the choices open |
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| | | to them to secure periodical payments by way of maintenance with |
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| | | respect to any child either by means of a maintenance agreement or by |
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| | | means of an application to the Commission for a calculation for the said |
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| | | (b) | upon receiving an application under sections 4 and 7 in respect of a child, |
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| | | take steps to establish with the applicant whether a maintenance |
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| | | agreement or an application to the Commission is the best means of |
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| | | achieving a sustainable and durable maintenance arrangement for the |
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| | | child in question, and to encourage the applicant accordingly.’. |
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| | Clause 128, page 97, line 13, leave out from ‘to’ to end of line 16 and insert ‘take |
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| | steps to establish with the applicant whether a maintenance agreement (within the |
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| | meaning of section 9 of the Child Support Act 1991) or an application to the Commission |
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| | is the best means of achieving a sustainable and durable maintenance arrangement for the |
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| | child in question, and to encourage the applicant accordingly.’. |
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| | Clause 129, page 97, leave out lines 25 to 27 and insert— |
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| | | ‘(b) | the parent with care wishes to pursue child maintenance through the |
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| | | Commission and states clearly the reasons why.’. |
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| | Clause 129, page 97, line 27, at end insert— |
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| | | ‘(c) | the parent with care advises the Commission that the collection service is |
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| | | necessary to ensure either that child support maintenance is paid in |
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| | | accordance with the calculation or to protect her or her children from |
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| | | physical, sexual, emotional or financial abuse.’. |
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| | Clause 128, page 97, line 16, at end insert— |
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| | | ‘(3) | In section 6 of the Child Maintenance and Other Payments Act 2008, after |
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| | | “(2A) | The Secretary of State shall not levy any fees on a parent with care, |
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| | | except in prescribed circumstances.”.’. |
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| | Clause 128, page 97, line 16, at end insert— |
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| | | ‘(3) | In section 6 of the Child Maintenance and Other Payments Act 2008, after |
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