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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 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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| | Clause 91, page 61, line 14, at end insert— |
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| | | ‘(6A) | Regulations under this Part must outline how the Government will ensure a |
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| | | smooth transition from Disability Living Allowance to Personal Independence |
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| | | Payments for disabled young people when they turn 16.’. |
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| | Clause 91, page 61, line 15, leave out subsection (7) |
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| | Clause 91, page 61, line 25, at end insert— |
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| | | ‘( ) | Regulations made by the Scottish Ministers under section 89 are subject to— |
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| | | (a) | the affirmative procedure, if they contain provision amending or |
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| | | repealing primary legislation (within the meaning of that section), and |
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| | | (b) | the negative procedure, in any other case.’ |
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| | Clause 93, page 61, line 40, at end insert ‘excepting where they are the parent(s) or |
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| | principal carer(s) of a child who is the subject of a child protection plan, a Children in |
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| | Need assessment or Common Assessment Framework Team Around the Child’. |
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| | Clause 93, page 61, line 40, at end insert— |
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| | | ‘(1A) | The Secretary of State shall not apply a benefit cap on a claimant’s welfare |
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| | | benefits where the claimant has not received a reasonable offer of a job, except in |
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| | | prescribed circumstances.’. |
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| | Clause 93, page 62, line 15, at end insert ‘including one for couples with children |
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| | who between them work more than a prescribed number of hours.’. |
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| | Clause 93, page 62, line 24, at end insert— |
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| | | ‘(4A) | Family and friends carers will be exempt from the benefit cap— |
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| | | (a) | where the child comes to live with the carer as a result of plans made |
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| | | within a section 47 Children Act 1989 child protection enquiry; |
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| | | (b) | where a child comes to live with the carer following a section 37 Children |
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| | | (c) | where a carer has secured a Residence Order or Special Guardianship |
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| | | Order to avoid a child being looked after, and there is professional |
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| | | evidence of the impairment of the parents’ ability to care for the child; |
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| | | (d) | where the carer has a Residence Order or Special Guardianship Order |
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| | | arising out of care proceedings; |
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| | | (e) | where the carer has a Residence Order or Special Guardianship Order |
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| | | following the accommodation of a child; |
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| | | (f) | where the carer has a Residence Order or Special Guardianship Order |
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| | | following the death or serious illness of a parent.’. |
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| | Clause 93, page 62, line 24, at end insert— |
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| | | ‘(h) | make provision where there are parent(s) or principal carer(s) of a child |
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| | | who is the subject of a child protection plan, a Children in Need |
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| | | assessment or Common Assessment Framework Team Around the |
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| | Clause 93, page 62, line 25, at end insert— |
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| | | ‘(5A) | Regulations under this section must provide for an exemption from the |
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| | | application of the benefit cap for individuals or couples living in social housing |
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| | | as defined by section 68 of the Housing and Regeneration Act 2008.’. |
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| | Clause 93, page 62, line 25, at end insert— |
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| | | ‘(5A) | Regulations under this section must provide for an exemption from the |
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| | | application of the benefit cap for individuals or couples owed a duty to be |
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| | | supported with interim or temporary accommodation under sections 188, 190, |
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| | | 193 or 200 of the Housing Act 1996.’. |
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| | Clause 93, page 62, line 25, at end insert— |
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| | | ‘(5A) | Regulations under this section must provide for an exemption from the |
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| | | application of the benefit cap for couples or a single person who within a |
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| | | prescribed period has left work due to redundancy or illness or reasons relating to |
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| | Clause 93, page 62, line 25, at end insert— |
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| | | ‘(5A) | Regulations under this section must provide for an exemption from the |
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| | | application of the benefit cap for couples with dependent children who if living |
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| | | in separate households would have benefit entitlements lower than the relevant |
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| | Clause 93, page 62, line 25, at end insert— |
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| | | ‘(5A) | Regulations under this section must provide for an exemption from the |
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| | | application of the benefit cap for households where no adult is subject to all work |
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| | | related requirements as defined in Clause 22.’. |
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| | Clause 93, page 62, line 25, at end insert— |
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| | | ‘(5A) | Regulations under this section must provide for an exemption from the |
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| | | application of the benefit cap for families who are worse off in work once |
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| | | childcare costs are taken into consideration.’. |
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| | Clause 93, page 62, line 25, at end insert— |
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| | | ‘(5A) | Regulations under this section must provide for an exemption from the |
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| | | application of the benefit cap for any claimant in receipt of disability living |
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| | | allowance, personal independence payment, attendance allowance, constant |
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| | | attendance allowance, employment and support allowance, carer’s allowance, or |
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| | | any element or sub-element of universal credit paid in respect of a disability.’. |
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| | Clause 93, page 62, line 27, after ‘earnings’, insert ‘plus in work benefits which the |
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| | average earner might expect to receive’. |
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| | Clause 93, page 62, line 27, at end insert ‘equivalised as to household size’. |
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| | Clause 93, page 62, line 27, at end insert— |
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| | | ‘(6A) | Regulations under this section must exclude housing benefit and any components |
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| | | of universal credit that relate to housing costs from the amount specified under |
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| | Clause 93, page 62, line 27, at end insert— |
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| | | ‘(6A) | Regulations under this section must exclude child benefit, child tax credit, and |
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| | | any elements or sub-elements of universal credit that are paid in respect of |
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| | | children, from the amount specified under subsection (5).’. |
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| | Clause 93, page 62, line 27, at end insert— |
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| | | ‘(6A) | Regulations under this section must provide for an exemption from the |
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| | | application of the benefit cap for individuals or couples living in supported or |
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| | | sheltered accommodation.’. |
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| | Clause 93, page 62, line 27, at end insert— |
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| | | ‘(6A) | Regulations under this section must provide for an exemption from the |
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| | | application of the benefit cap for individuals or couples who are offered |
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| | | accommodation under the prevention and relief of homelessness powers and |
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| | | duties in part 7 of the Housing Act 1996.’. |
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| | Clause 93, page 62, line 27, at end insert— |
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| | | ‘(6A) | Regulations under this section must exclude any element or sub-element of |
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| | | universal credit paid in respect of a disability from the amount specified under |
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| | Clause 94, page 63, line 13, leave out subsection (4) and insert— |
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| | | ‘(4) | In section 150 of the Social Security Administration Act 1992 (annual up-rating |
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| | | of benefits) after subsection (7) there is inserted— |
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| | | “(7A) | The Secretary of State— |
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| | | (a) | shall in each tax year review the relevant amount specified under |
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| | | subsection (5) of section 93 of the Welfare Reform Act 2011 |
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| | | (benefit cap) to determine whether its relationship with estimated |
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| | | average earnings and any other factors specified in subsection |
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| | | (6) of section 93 of the Welfare Reform Act 2011 (within the |
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| | | meaning of that section) has changed; and |
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| | | (b) | after that review, must, if the conclusion of that review is that |
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| | | estimated average earnings and any other factors stipulated in |
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| | | subsection (6) of section 93 of the Welfare Reform Act 2011 |
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| | | have increased in relation to the amount specified under |
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| | | subsection (5) of section 93 of the Welfare Reform Act 2011, |
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| | | include in the draft of an up-rating order provision increasing |
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| | | that amount in proportion to the increase in earnings; or |
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| | | (c) | after that review, must, if the conclusion of that review is that |
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| | | estimated average earnings and any other factors specified in |
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| | | subsection (6) of section 93 of the Welfare Reform Act 2011 |
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| | | have decreased or remained unchanged in relation to the amount |
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| | | specified under subsection (5) of section 93 of the Welfare |
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| | | Reform Act 2011, include in the draft of an up-rating order |
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| | | provision increasing that amount in proportion to the general |
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| | | level of prices under section 150 of the Social Security |
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| | | Administration Act 1992.”.’. |
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| | Clause 98, page 65, line 4, at end insert— |
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| | | ‘(1A) | 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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| | Page 67, line 8, leave out Clause 102. |
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