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| [Twenty-First and twenty-Second sittings]
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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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| | Negatived on division 232 |
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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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| That the Order of the Committee of 22 March shall be amended as follows— |
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| | (1) | in paragraph (1)(m) leave out ‘10.30 amd and 4.00 pm’ and insert ‘9.30 am and 2 |
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| | (2) | in paragraph (4) leave out ‘7.00 pm’ and insert ‘6 pm’. |
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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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| | Clauses 95 and 96 Agreed to. |
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| Clause 97, page 64, line 34, at end insert— |
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| | ‘(3C) | For the purposes of paragraph (3B), elements or sub-elements of the universal |
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| | credit award that are paid in respect of children, including any amount in respect |
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| | of childcare, shall by default be paid to the main carer of the children, except in |
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| | prescribed circumstances.’. |
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| Clause 98, page 65, line 6, at end insert— |
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| | ‘(3) | Where there is insufficient information to calculate entitlement to the full amount |
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| | of universal credit, the claimant shall continue to be paid an amount in respect of |
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| | any component or components for which there is sufficient information to |
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| | calculate eligibility, with these components corresponding to the elements in |
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| | sections 9 to 12 of this Act and/or to any appropriate sub-elements as specified in |
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| | regulations, except in prescribed circumstances.’. |
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| Clause 99, page 66, line 16, at end insert— |
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| | ‘(10) | 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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| [Adjourned until Thursday at 9.00 am |
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