Session 2010 - 12
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Public Bill Committee: 17 May 2011

236

Welfare Reform Bill, continued

Recovery of overpayments due to official error

Sheila Gilmore

Kate Green

NC15

To move the following Clause:—

‘(1)	Where an official error results in the making of an overpayment, a prescribed

amount by way of compensation shall be paid by the appropriate authority—

(a)	in any case, to the person;

(b)	in a case where the person (“A”) is making, or has made, a claim for the

benefit for a period jointly with another (“B”), to B instead of A.

(2)	In subsection (1) above, “official error” means an error relating to a relevant

social security benefit application, calculation or payment made by—

(a)	an appropriate authority, or

(b)	a person providing services to an appropriate authority in connection

with a relevant benefit,

to which the person, or (in a case where subsection (1)(b) applies) B, or any

person acting for him, or either of them, did not materially contribute.

(3)	Regulations shall provide for—

(a)	the process by which official error should be reported to the appropriate

authority or a person providing services to an appropriate authority in

connection with a relevant benefit;

(b)	the process by which official error shall be determined; and

(c)	the timeframe within which both a decision on compensation and any

payment due shall be made.

(4)	Any payments required under this section shall be made automatically and shall

not prejudice or preclude any other compensation that may be due to a person as

a result of official error in respect of their benefit entitlement e.g. compensation

for additional costs incurred as a result of the official error.’.

Health costs

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

NC16

To move the following Clause:—

‘(1)	The amount in respect of other needs or circumstances, under section 12 of this

Act, shall include an amount in respect of health costs.

(2)	The maximum award of the amount under this section shall be 100 per cent. of

the cost that the claimant would expect to incur in respect of prescribed health

costs such as prescription, dental and optical charges, up to a prescribed

maximum value.

(3)	Regulations shall specify the circumstances under which a claimant shall be

entitled to an amount under this section.

(4)	Under no circumstances shall any amount payable under this section be included

in the “relevant amount” specified in section 93(5) of this Act.’.

Public Bill Committee: 17 May 2011

237

Welfare Reform Bill, continued

Order of the House [9 march 2011]

That the following provisions shall apply to the Welfare Reform Bill—

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 24 May 2011.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

ORDER OF THE COMMITTEE [22 March 2011], AS AMENDED [31 MARCH

2011]

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

22 March) meet—

(a)	at 4.00 pm on Tuesday 22 March;

(b)	at 9.00 am and 1.00 pm on Thursday 24 March;

(c)	at 10.30 am and 4.00 pm on Tuesday 29 March;

(d)	at 9.00 am and 1.00 pm on Thursday 31 March;

(e)	at 9.00 am and 1.30 pm on Tuesday 5 April;

(f)	at 10.30 am and 4.00 pm on Tuesday 26 April;

(g)	at 9.00 am and 1.00 pm on Thursday 28 April;

(h)	at 10.30 am and 4.00 pm on Tuesday 3 May;

(i)	at 10.30 am and 4.00 pm on Tuesday 10 May;

(j)	at 9.00 am and 1.00 pm on Thursday 12 May;

(k)	at 10.30 am and 4.00 pm on Tuesday 17 May;

(l)	at 9.00 am and 1.00 pm on Thursday 19 May;

(m)	at 10.30 am and 4.00 pm on Tuesday 24 May;

(2)	the Committee shall hear oral evidence in accordance with the following

Table:

Public Bill Committee: 17 May 2011

238

Welfare Reform Bill, continued

TABLE

	Date	Time	Witness
	Tuesday 22 March	Until no later than	Policy Exchange; Centre for
		12 noon	Social Justice; Institute for
			Fiscal Studies; Professor Roy
			Sainsbury (University of
			York); Reform
	Tuesday 22 March	Until no later than	Joseph Rowntree Foundation;
		1.00 pm	Centre for Economic and
			Social Inclusion; Oxfam;
			Personal Independence
			Payment Objective
			Assessment Development
			Group (and Equality 2025);
			Mind
	Tuesday 22 March	Until no later than	Anne Spaight, former Chair of
		4.45 pm	Disability Living Allowance
			Advisory Board; Essex
			Coalition of Disabled People
	Tuesday 22 March	Until no later than	People First; National Centre
		5.15 pm	for Independent Living
	Tuesday 22 March	Until no later than	MacMillan; Scope;
		6.15 pm	Community Links; TUC
	Tuesday 22 March	Until no later than	Low Incomes Tax Reform
		6.45 pm	Group; Citizen’s Advice
			Bureau
	Thursday 24 March	Until no later than	Social Security Advisory
		9.30 am	Committee
	Thursday 24 March	Until no later than	Carers UK
		9.50 am
	Thursday 24 March	Until no later than	Professor Paul Gregg (Bristol
		10.10 am	University)
	Thursday 24 March	Until no later than	Child Poverty Action Group;
		2.00 pm	Gingerbread; Fatherhood
			Institute; Working Families
	Thursday 24 March	Until no later than	Women’s Budget Group;
		2.45 pm	Centre for Separated Families;
			Family Action
	Thursday 24 March	Until no later than	Local Government
		3.15 pm	Association; London Councils
	Thursday 24 March	Until no later than	Shelter; National Housing
		4.15 pm	Federation; National
			Landlords Association; Crisis
	Thursday 24 March	Until no later than	Department for Work and
		5.00 pm	Pensions

Public Bill Committee: 17 May 2011

239

Welfare Reform Bill, continued

(3)	proceedings on consideration of the Bill in Committee shall be taken in the

following order; Clauses 1 to 31; Schedule 1; Clause 32; Schedule 2; Clauses

33 and 34; Schedule 3; Clause 35; Schedule 4; Clause 36; Schedule 5; Clause

37; Schedule 6; Clauses 38 to 48; Schedule 7; Clauses 49 to 69; Schedule 8;

Clauses 70 to 88; Schedule 9; Clauses 89 and 90; Schedule 10; Clauses 91 to

99; Schedule 11; Clause 100; Schedule 12; Clauses 101 to 133; Schedule 13;

Clauses 134 to 137; new Clauses; new Schedules; remaining proceedings on

the Bill;

(4)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 7.00 pm on Tuesday 24 May.

NOTICES WITHDRAWN

The following Notices have been withdrawn:

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.”’.

© Parliamentary copyright	Revised 17 May 2011