Session 2010 - 12
Internet Publications
Other Bills before Parliament

Public Bill Committee: 28 April 2011

127

Welfare Reform Bill, continued

section 130(1)(a) where this liability is an amount other than the actual

amount of that liability. Where a review under this subsection finds that

the liability mentioned in section 130(1)(a) is an amount less than the

amount of the rent at the 30th percentile of the list of rents in some or all

localities the Secretary of State for Work and Pensions must amend the

determination of the amount of the liability under section 130(1)(a) to

correct this.”’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

190

Clause  68,  page  52,  line  19,  at end add—

‘(4)	Regulations under this section shall not permit the AMHB to be less than the

actual amount of the liability in a case where a person has provided the relevant

authority with such certificates, documents, information or evidence as are

sufficient to satisfy the authority that the person is disabled and is living in a

property specially adapted or particularly suited to meet the needs of that

person.’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

192

Clause  68,  page  52,  line  19,  at end add—

‘(4)	Regulations under this section shall ensure that the measures in this section are

phased in gradually over a five-year period, with certain groups of people, to be

determined by regulations, offered transitional protection.’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

177

Clause  69,  page  52,  line  38,  at end insert ‘providing that these amounts are ring-

fenced for the purpose set out in that Act’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

178

Clause  69,  page  52,  line  38,  at end insert—

‘(5A)

Where amounts are reallocated to local government, in accordance with

subsection (5), the Secretary of State shall put in place appropriate mechanisms

to—

(a)	ensure that the quality of service offered to claimants does not

significantly differ across the country;

Public Bill Committee: 28 April 2011

128

Welfare Reform Bill, continued

(b)	ensure that the level of awards made to claimants does not significantly

differ across the country; and

(c)	ensure that there is a uniform national appeals process in place.’.

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

179

Clause  69,  page  52,  line  38,  at end insert—

‘(5B)

Where amounts are reallocated to local government, in accordance with

subsection (5), the Secretary of State shall first publish local connection

eligibility rules, which must provide that no person is made ineligible for support

solely on the basis of where they live or how long they have lived there.’.

Stella Creasy

Kate Green

181

Clause  69,  page  53,  line  4,  at end insert—

‘(7A)

The repeal of section 138(1)(b) of the Social Security Contributions and Benefits

Act 1992 is without prejudice to the Secretary of State’s duty in section [Citizen

financial safety protection payment fund] to prevent the financial destitution of

those who apply for public assistance.’.

Tom Greatrex

Anas Sawar

180

Clause  72,  page  53,  line  34,  at end add—

‘(2)	Regulations shall make provision for the payment of a Sure Start Maternity Grant

of £500 for each first born baby and in the case of subsequent multiple births, a

single payment will be made of £500 for twins, £1,000 for triplets and £1,500 for

higher multiples.’.

Chris Grayling

Maria Miller

94

Clause  91,  page  61,  line  7,  leave out ‘under this Part’ and insert ‘made under this

Part by the Secretary of State’

Kate Green

186

Clause  91,  page  61,  line  12,  leave out ‘assessment of’ and insert ‘all aspects of

Personal Independence Payments for’.

Public Bill Committee: 28 April 2011

129

Welfare Reform Bill, continued

Kate Green

187

Clause  91,  page  61,  line  13,  after ‘unless’, insert ‘a public consultation has taken

place and’.

Kate Green

188

Clause  91,  page  61,  line  14,  leave out ‘a’ and insert ‘an affirmative’.

Kate Green

185

Clause  91,  page  61,  line  14,  at end insert—

‘(6A)

Regulations under this Part must outline how the Government will ensure a

smooth transition from Disability Living Allowance to Personal Independence

Payments for disabled young people when they turn 16.’.

Chris Grayling

Maria Miller

95

Clause  91,  page  61,  line  15,  leave out subsection (7)

Chris Grayling

Maria Miller

96

Clause  91,  page  61,  line  25,  at end insert—

‘( )	Regulations made by the Scottish Ministers under section 89 are subject to—

(a)	the affirmative procedure, if they contain provision amending or

repealing primary legislation (within the meaning of that section), and

(b)	the negative procedure, in any other case.’

Kate Green

182

Clause  93,  page  62,  line  27,  at end insert ‘equivalised as to household size’.

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.”’.

Public Bill Committee: 28 April 2011

130

Welfare Reform Bill, continued

Kate Green

183

Page  71,  line  1,  leave out Clause 104.

Chris Grayling

100

Schedule  13,  page  146,  leave out line 29 and insert—

‘Section 6.

In section 7—

(a)	in the heading, the words “community

charge benefits and other”;

(b)	subsection (2), so far as not otherwise

repealed;

(c)	subsection (3)(b) and the preceding “and”.’

Chris Grayling

101

Schedule  13,  page  152,  leave out line 8

Chris Grayling

102

Schedule  13,  page  154,  line  32,  at end insert—

‘( )	in subsection (2)(a), “Part 1 of”;’.

Chris Grayling

103

Schedule  13,  page  155,  line  3,  at end insert ‘and (4)’

Chris Grayling

104

Schedule  13,  page  155,  line  20,  at end insert ‘, so far as not otherwise repealed’

Chris Grayling

105

Schedule  13,  page  157,  line  28,  leave out ‘8(2A)’ and insert ‘8(2)(ca) and (d),

(2A)’

Chris Grayling

106

Schedule  13,  page  158,  line  10,  at end insert ‘and (7) and (8)’

Chris Grayling

107

Schedule  13,  page  158,  line  18,  at end insert—

‘(c)	the definition of “training”.’

Public Bill Committee: 28 April 2011

131

Welfare Reform Bill, continued

Chris Grayling

108

Schedule  13,  page  158,  line  21,  leave out ‘and (b)’

Chris Grayling

109

Schedule  13,  page  158,  line  43,  leave out from beginning to end of line 44

Chris Grayling

110

Schedule  13,  page  163,  line  30,  second column, at beginning insert—

‘Section 7(2)(a).’

NEW CLAUSES

Matters to be considered before the imposition of a sanction or penalty

Kate Green

NC1

To move the following Clause:—

‘(1)	In respect of the imposition of a sanction under the Jobseeker’s Act 1995 or any

other provision or in the case of a penalty imposed under section 115C of the

Social Security Administration Act 1992 the Secretary of State or an authority

shall consider—

(a)	evidence of the physical condition of the claimant and his or her state of

health;

(b)	evidence of the psychological state of health of the claimant;

(c)	evidence relating to the means and income of the claimant;

(d)	evidence relating to the accommodation occupied by the claimant and the

effect that the imposition of a sanction or penalty may have on the right

to occupy such accommodation;

(e)	the family circumstances of the claimant and the impact that it may have

on other family members and dependants;

(f)	evidence of the impact that a sanction or penalty may have on the ability

of the claimant to fulfil obligations to third parties including those

relating to the fulfilment of benefit entitlement conditions.

(2)	Before deciding whether to impose a sanction or penalty and shall only do so

where, having considered all the relevant circumstances, it is reasonable to do so.

(3)	Regarding evidence as to means the Secretary of State must consider—

(a)	the income of the claimant;

(b)	the capital of the claimant;

(c)	the expenditure of the claimant.

(4)	In order to facilitate the enquiry into the matters set out in subsection (1) the

Secretary of State or authority may—

(a)	arrange for a medical examination of the claimant;

Public Bill Committee: 28 April 2011

132

Welfare Reform Bill, continued

(b)	obtain information from any agency holding relevant information on the

income and resources of the claimant;

(c)	receive evidence from any other person or persons with a knowledge of

the cicumstances of the claimant.

(5)	A person who is subject to a penalty may appeal to a Tribunal (Lower Tier)

against the imposition of such a penalty.’.

Sums to be deducted in calculating recoverable overpayments

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

NC2

To move the following Clause:—

‘In calculating the amount of a recoverable overpayment, there shall be deducted

any amount of universal credit which should have been payable during the

overpayment period on the basis of the claim as presented, or on the basis of the

claim had any misrepresentation or non-disclosure been remedied before the

decision.’.

Procedure for regulation-making powers

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

NC3

To move the following Clause:—

‘In section 26 of the Welfare Reform Act 2007, in subsection (1), at end insert:

“(e)	regulations made under sections 11D and 11J.”.’.

Public Bill Committee: 28 April 2011

133

Welfare Reform Bill, continued

Sure Start Maternity Grant for Multiples

Tom Greatrex

Anas Sawar

NC4

To move the following Clause:—

‘Regulations shall make provision for the payment of a Sure Start Maternity

Grant of £500 for each first born baby and in the case of subsequent multiple

births, a single payment will be made of £500 for twins, £1,000 for triplets and

£1,500 for higher multiples.’.

Citizen financial safety protection payment fund

Stella Creasy

Kate Green

NC5

To move the following Clause:—

‘(1)	The Government shall make provision for a fund to support the provision of

citizen financial safety protection payments to prevent immediate personal

destitution and to be administered through the offices of the Department for Work

and Pensions. These payments will enable financial support to be given within

thirty days to applicants in the following circumstances—

(a)	to ease exceptional circumstances for individuals and families which

may lead to homelessness or household financial insolvency,

(b)	to support pensioners in receipt of financial assistance from public

authorities, young people who are about to leave care or recent care

leavers, and those with children under the age of 16, to manage personal

transitions in lifestyle,

(c)	to meet other needs in accordance with directions given or guidance

issued by the Secretary of State.

(2)	Guidance will be laid before parliament to determine who would be able to apply

for a citizen financial safety protection payment and the circumstances under

which it can be claimed and funded. This guidance will take in the following

factors—

(a)	the ability of the applicant to prevent destitution for them or their

dependants without access to such funds,

(b)	ease of access to alternative affordable sources of credit for the applicant

within the locality,

(c)	the length of time taken by local administering authorities to process

claims for alternative means of support, and

(d)	measures for adjudication of claims made by the Department for Work

and Pensions against local administering authorities for the total cost of

provision of citizen financial safety protection payments in the absence

of provision of appropriate support by such authorities.

(3)	The power to make a payment out of the citizen protection fund such as is

mentioned in subsection (1) above may be exercised by making a payment to a

third party with a view to the third party providing, or arranging for the provision

of, goods or services for the applicant.

© Parliamentary copyright	Revised 28 April 2011