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| |
| |
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| | (5) | A person who is subject to a penalty may appeal to a Tribunal (Lower Tier) |
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| | against the imposition of such a penalty.’. |
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| |
| | Sums to be deducted in calculating recoverable overpayments |
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| To move the following Clause:— |
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| | ‘In calculating the amount of a recoverable overpayment, there shall be deducted |
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| | any amount of universal credit which should have been payable during the |
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| | overpayment period on the basis of the claim as presented, or on the basis of the |
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| | claim had any misrepresentation or non-disclosure been remedied before the |
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| | |
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| | Procedure for regulation-making powers |
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| To move the following Clause:— |
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| | ‘In section 26 of the Welfare Reform Act 2007, in subsection (1), at end insert: |
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| | “(e) | regulations made under sections 11D and 11J.”.’. |
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| |
| | Sure Start Maternity Grant for Multiples |
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| | |
| To move the following Clause:— |
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| | ‘Regulations shall make provision for the payment of a Sure Start Maternity |
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| | Grant of £500 for each first born baby and in the case of subsequent multiple |
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| |
| |
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| | births, a single payment will be made of £500 for twins, £1,000 for triplets and |
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| | £1,500 for higher multiples.’. |
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| |
| | Citizen financial safety protection payment fund |
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| | |
| To move the following Clause:— |
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| | ‘(1) | The Government shall make provision for a fund to support the provision of |
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| | citizen financial safety protection payments to prevent immediate personal |
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| | destitution and to be administered through the offices of the Department for Work |
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| | and Pensions. These payments will enable financial support to be given within |
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| | thirty days to applicants in the following circumstances— |
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| | (a) | to ease exceptional circumstances for individuals and families which |
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| | may lead to homelessness or household financial insolvency, |
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| | (b) | to support pensioners in receipt of financial assistance from public |
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| | authorities, young people who are about to leave care or recent care |
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| | leavers, and those with children under the age of 16, to manage personal |
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| | transitions in lifestyle, |
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| | (c) | to meet other needs in accordance with directions given or guidance |
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| | issued by the Secretary of State. |
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| | (2) | Guidance will be laid before parliament to determine who would be able to apply |
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| | for a citizen financial safety protection payment and the circumstances under |
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| | which it can be claimed and funded. This guidance will take in the following |
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| | |
| | (a) | the ability of the applicant to prevent destitution for them or their |
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| | dependants without access to such funds, |
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| | (b) | ease of access to alternative affordable sources of credit for the applicant |
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| | |
| | (c) | the length of time taken by local administering authorities to process |
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| | claims for alternative means of support, and |
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| | (d) | measures for adjudication of claims made by the Department for Work |
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| | and Pensions against local administering authorities for the total cost of |
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| | provision of citizen financial safety protection payments in the absence |
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| | of provision of appropriate support by such authorities. |
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| | (3) | The power to make a payment out of the citizen protection fund such as is |
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| | mentioned in subsection (1) above may be exercised by making a payment to a |
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| | third party with a view to the third party providing, or arranging for the provision |
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| | of, goods or services for the applicant. |
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| | (4) | In this section “prescribed” means specified in or determined in accordance with |
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| To move the following Clause:— |
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| | ‘The Government will lay before parliament annually a review of the impact of |
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| | the abolition of a nationally administered social fund which will cover the |
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| | |
| | (1) | The level of applications received by each local area for assistance. |
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| | (2) | The nature and amount of applications and awards made by each administering |
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| | |
| | (3) | The cost of administration of the scheme by each administering authority. |
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| | (4) | The criteria used by every administering authority for making awards and all of |
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| | the guidance they issue to their staff (and their proxies’ staff). |
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| | (5) | Information as to the status of each applicant and their household whether |
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| | |
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| | Advice on financial assistance |
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| | |
| To move the following Clause:— |
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| | ‘The Government will require all those working with applicants for welfare |
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| | provision who are publicly funded to ensure their clients are informed about the |
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| | existence of publicly provided financial assistance and where relevant locally |
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| | available sources of alternative affordable credit provision. This information |
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| | must be provided in a format which is accessible to the applicant.’. |
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| |
| | |
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| | |
| To move the following Clause:— |
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| | ‘The Limitation Act 1980 applies as enacted to the recovery of the social security |
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| | payments as with all other sums that may be recoverable from a person.’. |
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| |
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| |
| |
|
| | Payment of universal credit elements |
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| |
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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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| |
| | |
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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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| |
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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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| | |
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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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| |
| | Recovery of overpayments due to official error |
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| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | Where an official error results in the making of an overpayment, a prescribed |
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| | amount by way of compensation shall be paid by the appropriate authority— |
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| |
| |
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| | (a) | in any case, to the person; |
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| | (b) | in a case where the person (“A”) is making, or has made, a claim for the |
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| | benefit for a period jointly with another (“B”), to B instead of A. |
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| | (2) | In subsection (1) above, “official error” means an error relating to a relevant |
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| | social security benefit application, calculation or payment made by— |
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| | (a) | an appropriate authority, or |
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| | (b) | a person providing services to an appropriate authority in connection |
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| | |
| | | to which the person, or (in a case where subsection (1)(b) applies) B, or any |
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| | person acting for him, or either of them, did not materially contribute. |
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| | (3) | Regulations shall provide for— |
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| | (a) | the process by which official error should be reported to the appropriate |
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| | authority or a person providing services to an appropriate authority in |
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| | connection with a relevant benefit; |
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| | (b) | the process by which official error shall be determined; and |
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| | (c) | the timeframe within which both a decision on compensation and any |
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| | payment due shall be made. |
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| | (4) | Any payments required under this section shall be made automatically and shall |
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| | not prejudice or preclude any other compensation that may be due to a person as |
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| | a result of official error in respect of their benefit entitlement e.g. compensation |
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| | for additional costs incurred as a result of the official error.’. |
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| |
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| | |
| To move the following Clause:— |
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| | ‘(1) | The amount in respect of other needs or circumstances, under section 12 of this |
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| | Act, shall include an amount in respect of health costs. |
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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 prescribed health |
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| | costs such as prescription, dental and optical charges, up to a prescribed |
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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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| |
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| |
|
| | Entitlement to contributory employment and support allowance: preparations |
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| |
| |
| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | Before implementing sections 51 and 52 of this Act, the Secretary of State shall |
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| | publish a report about how best to support individuals who are likely to be |
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| | affected by the time-limiting of contributory employment and support allowance |
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| | by virtue of those sections. |
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| | (2) | The report in subsection (1) shall include— |
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| | (a) | the steps the Secretary of State shall take to ensure that all those likely to |
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| | be affected by sections 51 and/or 52 receive sufficient support to move |
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| | |
| | (b) | the steps the Secretary of State shall take to ensure that those who receive |
|
| | a reduction or termination of their award as a consequence of sections 51 |
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| | and/or 52 do not as a consequence experience unnecessary hardship or |
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| | |
| | (3) | The Secretary of State shall seek to ensure, including for the purposes of |
|
| | subsection (2)(a), that at least 60 per cent. of recipients of contributory |
|
| | employment and support allowance who are in the work related activity group |
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| | shall leave the benefit before they lose eligibility for contributory employment |
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| | and support allowance by virtue of sections 51 and/or 52.’. |
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| |
| |
| |
| |
| | |
| To move the following Schedule:— |
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| | ‘Social Mobility and Child Poverty Commission |
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| | |
| | Establishment of Social Mobility and Child Poverty Commission |
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| | 1 | The Child Poverty Act 2010 is amended as follows. |
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5 | | 2 | For section 8 (and the preceding italic heading) there is substituted— |
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| | “Social Mobility and Child Poverty Commission |
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| | 8 | Social Mobility and Child Poverty Commission |
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| | (1) | There is to be a body called the Social Mobility and Child Poverty |
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| | Commission (in this Act referred to as “the Commission”). |
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10 | | (2) | The Commission’s functions are those conferred on it by or under this |
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| | |
|