House of Commons Public Bill Committee Proceedings

Session 2010 - 12
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Other Bills before Parliament

Public Bill Committee Proceedings: 24 May 2011
74

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

Not called  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

Not called  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.”.’.

Sure Start Maternity Grant for Multiples

Tom Greatrex

Anas Sawar

Not called  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

Public Bill Committee Proceedings: 24 May 2011
75

Welfare Reform Bill, continued

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

Not called  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.

(4)
In this section “prescribed” means specified in or determined in accordance with

regulation.’.

Public Bill Committee Proceedings: 24 May 2011
76

Welfare Reform Bill, continued

Social Fund review

Stella Creasy

Kate Green

Withdrawn  NC6

To move the following Clause:—

‘The Government will lay before parliament annually a review of the impact of

the abolition of a nationally administered social fund which will cover the

following topics—

(1)
The level of applications received by each local area for assistance.

(2)
The nature and amount of applications and awards made by each administering

authority.

(3)
The cost of administration of the scheme by each administering authority.

(4)
The criteria used by every administering authority for making awards and all of

the guidance they issue to their staff (and their proxies’ staff).

(5)
Information as to the status of each applicant and their household whether

successful or not.’.

Advice on financial assistance

Stella Creasy

Kate Green

Withdrawn  NC7

To move the following Clause:—

‘The Government will require all those working with applicants for welfare

provision who are publicly funded to ensure their clients are informed about the

existence of publicly provided financial assistance and where relevant locally

available sources of alternative affordable credit provision. This information

must be provided in a format which is accessible to the applicant.’.

Limitation Act 1980

Kate Green

Not called  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.’.

Public Bill Committee Proceedings: 24 May 2011
77

Welfare Reform Bill, continued

Payment of universal credit elements

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

Not called  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

Not called  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.’.

Childcare costs

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

Not called  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

Public Bill Committee Proceedings: 24 May 2011
78

Welfare Reform Bill, continued

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

Not called  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.

(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

Not called  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—

Public Bill Committee Proceedings: 24 May 2011
79

Welfare Reform Bill, continued

(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

Not called  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 Proceedings: 24 May 2011
80

Welfare Reform Bill, continued

Entitlement to contributory employment and support allowance: preparations

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

Not called  NC18

To move the following Clause:—

‘(1)
Before implementing sections 51 and 52 of this Act, the Secretary of State shall

publish a report about how best to support individuals who are likely to be

affected by the time-limiting of contributory employment and support allowance

by virtue of those sections.

(2)
The report in subsection (1) shall include—

(a)
the steps the Secretary of State shall take to ensure that all those likely to

be affected by sections 51 and/or 52 receive sufficient support to move

into employment; and

(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

and/or 52 do not as a consequence experience unnecessary hardship or

poverty.

(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

shall leave the benefit before they lose eligibility for contributory employment

and support allowance by virtue of sections 51 and/or 52.’.

New Schedule

Chris Grayling

Maria Miller

Agreed to  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.
5
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”).
10
(2)
The Commission’s functions are those conferred on it by or under this

Act.



© Parliamentary copyright	Revised 25 May 2011