Session 2010 - 12
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Other Bills before Parliament

Public Bill Committee: 19 May 2011

261

Welfare Reform Bill, continued

Limitation Act 1980

Kate Green

NC8

To move the following Clause:—

‘The Limitation Act 1980 applies as enacted to the recovery of the social security

payments as with all other sums that may be recoverable from a person.’.

Payment of universal credit elements

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

NC9

To move the following Clause:—

‘(1)	Any amount of the universal credit award that is paid in respect of rent charges

shall by default be paid to the person liable for that charge, except in prescribed

circumstances.

(2)	Any amount of the universal credit award that is paid in respect of a disability

shall be paid to the disabled person or to that person’s designated carer, except in

prescribed circumstances.

(3)	Regulations may provide further circumstances in which a proportion of

universal credit may be payable to a particular individual.’.

Universal credit payment statement

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

NC10

To move the following Clause:—

‘The Secretary of State will provide a record to the claimant detailing the amount

and composition of the award, including amounts in respect of each of the

elements specified in sections 9 to 12 of this Act and of any appropriate sub-

elements as specified in regulations.’.

Public Bill Committee: 19 May 2011

262

Welfare Reform Bill, continued

Childcare costs

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

NC11

To move the following Clause:—

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

shall include a childcare element for claimants who are in work, except in

prescribed circumstances.

(2)	The maximum award of the childcare element shall be a prescribed proportion of

childcare costs (not less than 80%, or 90% where the element contributes to care

for a disabled child), up to a prescribed maximum value (not less than £175 per

week for one child and £300 for two or more children).

(3)	“Childcare charges” are charges of a prescribed description incurred in respect of

childcare by the claimant or claimants by whom a universal credit claim is made.

(4)	“Childcare”, in relation to a person or persons, means care provided—

(a)	for any child up to the last day in the week in which 1 September falls

following the child’s 15th birthday or their 16th birthday if they are

disabled, for whom the person is responsible, or for whom either or both

of the persons is or are responsible; and

(b)	by a person of a prescribed description.

(5)	Except in prescribed circumstances, the childcare element shall not be paid where

a claimant is in work for fewer than a prescribed number of hours a week or, in

the case of a couple, where one or both of the claimants are in work for fewer than

a prescribed number of hours a week.

(6)	For the purposes of this section, regulations are to provide for a definition of

“work”.’.

School meal costs

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

NC12

To move the following Clause:—

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

12, shall include an amount in respect of school meals for any dependents of the

claimant.

(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 school meals, up to

a prescribed maximum value per child.

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

entitled to an amount under this section.

Public Bill Committee: 19 May 2011

263

Welfare Reform Bill, continued

(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.’.

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.

Public Bill Committee: 19 May 2011

264

Welfare Reform Bill, continued

(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.’.

New Schedule

Chris Grayling

Maria Miller

NS1

To move the following Schedule:—

‘Social Mobility and Child Poverty Commission

Part 1

Establishment of Social Mobility and Child Poverty Commission

1	The Child Poverty Act 2010 is amended as follows.

2	For section 8 (and the preceding italic heading) there is substituted—

“Social Mobility and Child Poverty Commission

8	Social Mobility and Child Poverty Commission

(1)	There is to be a body called the Social Mobility and Child Poverty

Commission (in this Act referred to as “the Commission”).

(2)	The Commission’s functions are those conferred on it by or under this

Act.

(3)	Schedule 1 contains further provision about the Commission.

(4)	A Minister of the Crown may by order provide for the Commission to

cease to exist on a day—

(a)	specified in or determined in accordance with the order, and

(b)	falling after the target year.

(5)	An order under subsection (4) may contain such transitional or

consequential provision as the Minister of the Crown considers

necessary or expedient in connection with the abolition of the

Commission.

(6)	That provision may include provision amending, repealing or

revoking—

(a)	the provisions of this Act so far as relating to the Commission;

(b)	any provision of any other Act (whenever passed);

(c)	any provision of any instrument made under an Act (whenever

made).

© Parliamentary copyright	Revised 19 May 2011