House of Lords Amendments - Welfare Reform and Pensions Bill

House of Lords

Session 1998-99
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Amendments to the Welfare Reform and Pensions Bill

Welfare Reform and Pensions Bill -
Amendments to be debated in the House of Lords
Here you can browse the Amendments to the Welfare Reform and Pensions Bill to be moved in Committee in the House of Lords.

Clause 1

BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS ANELAY OF ST JOHNS

     Page 1, line 22, leave out subsection (5)

     Page 2, line 12, leave out ("and other restrictions as may be prescribed,") and insert ("up to a maximum of £5,000 a year of the proportion of earnings which may be relieved of income tax if invested in an eligible pension scheme for a person of the relevant age in accordance with current Inland Revenue rules, whichever be the higher,")

BY THE LORD HIGGINS
THE BARONESS ANELAY OF ST JOHNS
THE LORD ASTOR OF HEVER

     Page 2, line 20, at end insert--

    ("(10)  The ninth condition is that the scheme shall provide to anyone who applies to join the scheme full and accurate advice as to how a stakeholder pension would benefit the applicant compared to other types of pension and shall tell the applicant that they have up to twenty eight days to cancel the application without cost or penalty; and an applicant to a stakeholder pension scheme shall have up to twenty eight days from receiving the said advice to cancelling the said application without cost or penalty.")

After Clause 1

BY THE EARL RUSSELL
THE LORD GOODHART

     Insert the following new Clause--

    ("  .--(1)  Regulations may require employees whose earnings exceed a specified amount, or any class of such employees, to become members of a stakeholder pension scheme.

    (2)  Regulations may require the payment of minimum contributions by or on behalf of any member of a stakeholder pension scheme (whether or not regulations under subsection (1) apply to such members).

    (3)  The minimum contributions under subsection (2) shall be such amount as may be prescribed, being--
(a)  in the case of an employee, not more than 3.5 per cent of his earnings between the lower earnings limit and the upper earnings limit (within the meaning of the Contributions and Benefit Act); and

(b)  in the case of an employer, not more than half of those earnings.")
Compulsory membership and contributions.

     Insert the following new Clause--

    ("  .--(1)  Nothing in regulations made under section 1 shall prohibit the payment to stakeholder pension schemes of contributions up to the limit necessary to ensure that the scheme has tax-exemptions or tax-approval (within the meaning of the 1993 Act or the Pension Schemes (Northern Ireland) Act 1993).

    (2)  Regulations made under section 1 shall permit any person to be a member of both a stakeholder pension scheme and of a personal pension scheme which has been approved under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 or an occupational pension scheme (within the meaning of the 1993 Act) which is a money purchase scheme (within the meaning of the 1993 Act) in respect of the same employment.

    (3)  If a person is a member both of a stakeholder pension scheme and another scheme such as is mentioned in subsection (2), contributions may be paid in any year by or in respect of him--
(a)  to the stakeholder scheme not exceeding such amount as may be provided by regulations; and

(b)  to the other scheme, not exceeding such amount as would be permissible if he were a member only of that scheme, less the amount of contributions paid by or in respect of him to the stakeholder scheme.
    (4)  The Secretary of State and the Board of Inland Revenue shall within twelve months of the coming into force of this section lay before each House of Parliament a report containing proposals for legislation to enable a person to be a member both of a stakeholder pension scheme and of an occupational pension scheme (within the meaning of the 1993 Act) which is not a money purchase scheme and which has tax-exemption or tax-approval (within the meaning of the 1993 Act).") Additional contributions and dual membership.

Clause 2

BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS ANELAY OF ST JOHNS

     Page 3, line 26, leave out from ("shall") to first ("one") in line 28 and insert ("provide access to")

Clause 3

BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS ANELAY OF ST JOHNS

     Page 3, line 24, after second ("of") insert ("10 or more")

Clause 27

BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS ANELAY OF ST JOHNS

     Page 31, line 3, at end insert--

    ("(  )  Following an award against a scheme member of one or more pension debit orders, the scheme member shall be entitled, within permitted contribution limits, to rebuild the pension rights foregone as a result of the order or orders.")

Clause 49

BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS ANELAY OF ST JOHNS

     Page 54, line 16, after ("day") insert ("or a bereaved person aged 60 and 64 when the spouse died")

     Page 54, line 24, at end insert ("or was making voluntary contributions")

Clause 50

BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS ANELAY OF ST JOHNS

     Page 54, line 40, leave out ("the appointed day") and insert ("1st January 2014")

     Page 54, line 42, leave out ("that") and insert ("the appointed")

     Page 55, line 2, leave out ("person's spouse") and insert ("man's wife")

     Page 55, line 23, after ("5") insert ("or was making voluntary contributions")

     Page 56, leave out lines 22 to 26

     Page 56, line 23, leave out ("26 weeks") and insert ("two years")

BY THE BARONESS LOCKWOOD
THE LORD HASKEL
THE BARONESS CRAWLEY
THE BARONESS PITKEATHLEY

     Page 56, line 23, leave out ("26") and insert ("52")

BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS ANELAY OF ST JOHNS

     Page 56, line 32, leave out ("26 weeks") and insert ("two years")

BY THE BARONESS LOCKWOOD
THE LORD HASKEL
THE BARONESS CRAWLEY
THE BARONESS PITKEATHLEY

     Page 56, line 32, leave out ("26") and insert ("52")

BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS ANELAY OF ST JOHNS

     Page 57, leave out lines 26 to 32

Clause 52

BY THE BARONESS ANELAY OF ST JOHNS
THE LORD HIGGINS
THE LORD ASTOR OF HEVER

     Page 59, line 21, at end insert--

    ("(1A)  A work focused interview for a person receiving or applying for or having applied for incapacity benefit, severe displacement allowance, or disability premia in income support shall only take place once the personal capability assessment provided for in section 171C of the Contributions and Benefits Act has been made.")

BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS ANELAY OF ST JOHNS

     Page 59, line 42, at end insert--
("(  )  for determining the training to be provided to persons by whom interviews are to be conducted which shall include training in the principles of personnel management and job placement, and in the types and incidence of mental and physical disability and in recent developments in coping with time;")

BY THE BARONESS ANELAY OF ST JOHNS
THE LORD HIGGINS
THE LORD ASTOR OF HEVER

     Page 60, line 15, after ("regulations") insert ("such matters to include the degree of incapacity, invalidity or physical or mental illness of the person, the recent bereavement of such a person or the illness or incapacity of any child, parent, spouse, partner or other person for whom the person claiming benefit has care")

BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS ANELAY OF ST JOHNS

     Page 61, leave out lines 7 to 20

     Page 61, line 7, leave out ("designated authority") and insert ("Secretary of State")

     Page 61, line 13, leave out ("designated authority") and insert ("Secretary of State")

     Page 61, leave out lines 34 to 42

BY THE BARONESS ANELAY OF ST JOHNS
THE LORD HIGGINS
THE LORD ASTOR OF HEVER

     Page 62, line 24, at end insert--

    ("(1A)  Regulations shall be made specifying the maximum period which may elapse between the refusal of benefit and the hearing and determination of an appeal, and will provide, if the appeal has not been heard and determined within such periods, for the applicant to be deemed to have had his case upheld.")

After Clause 53

BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS ANELAY OF ST JOHNS

     Insert the following new Clause--

    ("  .--(1)  The Secretary of State shall report annually to Parliament on the operation of the work-focused interviews, with specific reference to--
(a)  the number of those moved from the interviews into work; and

(b)  the number who, having moved into work, leave work after--

    (i)  6 months, and

    (ii)  12 months.
    (2)  For the purposes of subsection (1), the Secretary of State shall take into consideration the following--
(a)  the number of interviews which are postponed, deferred or cancelled,

(b)  any cost implications for businesses, and

(c)  the levels of fraud detected.
    (3)  For the purposes of subsection (1) the Secretary of State shall consult--
(a)  all relevant non-governmental organisations,

(b)  all businesses involved with the operation of the work focused interviews, and

(c)  any organisations which the Secretary of State may think appropriate.
    (4)  The period for any consultation under subsection (3) shall be three months.") Annual report to Parliament on work-focused interviews.

Clause 56

BY THE BARONESS ANELAY OF ST JOHNS
THE LORD HIGGINS
THE LORD ASTOR OF HEVER

     Page 65, line 17, at end insert--

("provided that in making the assessment under (a) and (b) above, account shall be taken of the types of jobs available in the locality")

BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS ANELAY OF ST JOHNS

     Page 65, line 36, at end insert--

    ("(  )  Before exercising any power to make regulations under this section the Secretary of State shall consult organisations representing disabled people and shall take reasonable account of their submissions and concerns.")

     Page 65, leave out lines 37 to 43

     Page 65, line 43, at end insert--

    ("(5A)  Not more than one assessment shall be carried out under subsection (5) above in any period of five years.")

After Clause 61

BY THE EARL RUSSELL
THE LORD GOODHART

     Insert the following new Clause--

    ("  .  In section 135 of the Social Security Contributions and Benefits Act 1992, there shall be inserted after subsection (1)--
    (1A)  The applicable amounts for income support for severely disabled persons shall be made by the Secretary of State following consultation with one or more organisations whom he regards as representative of severely disabled persons.

    (1B)  The sums first certified by the Secretary of State under subsection (1A) above shall be, in the case of a severely disabled person who is aged not less than 16 but less than 60, set at a level at no less than the higher level for those aged over 25 together with the maximum disability premiums available.

    (1C)  After sums have first been certified under subsection (1A) above, the sums certified in each subsequent year shall be not less than the total of the sums certified in the previous year together with the amount (if any) by which it appears to the Secretary of State that the general level of prices has increased in the course of the previous year.

    (1D)  In subsections (1A) to (1B) above, "severely disabled persons" means persons who are in receipt of the care component of disability living allowance at the highest rate within subsection (4)(a) of section 72 above."")
Income support for severely disabled persons.

Clause 74

BY THE BARONESS ANELAY OF ST JOHNS
THE LORD HIGGINS
THE LORD ASTOR OF HEVER

     Page 80, line 29, at end insert--
("(d)  for ensuring that, in relation to a housing benefit claimant who is disabled, due account is taken of his need for additional space, including an extra bedroom for a carer.")

Clause 83

BY THE BARONESS ANELAY OF ST JOHNS
THE LORD HIGGINS
THE LORD ASTOR OF HEVER

     Page 86, line 14, at end insert ("; and section 75 shall not come into force until the Secretary of State is satisfied that there are sufficient safeguards within the Child Support Agency to protect the confidential nature of the information declared")

     Page 86, leave out line 29 and insert--
("(  )  section 74 and sections 76 to 78;")

© Parliamentary copyright 1999
Prepared 16 June 1999

	Clause 1
	BY THE LORD HIGGINS THE LORD ASTOR OF HEVER THE BARONESS ANELAY OF ST JOHNS
	Page 1, line 22, leave out subsection (5)
	Page 2, line 12, leave out ("and other restrictions as may be prescribed,") and insert ("up to a maximum of £5,000 a year of the proportion of earnings which may be relieved of income tax if invested in an eligible pension scheme for a person of the relevant age in accordance with current Inland Revenue rules, whichever be the higher,")
	BY THE LORD HIGGINS THE BARONESS ANELAY OF ST JOHNS THE LORD ASTOR OF HEVER
	Page 2, line 20, at end insert-- ("(10) The ninth condition is that the scheme shall provide to anyone who applies to join the scheme full and accurate advice as to how a stakeholder pension would benefit the applicant compared to other types of pension and shall tell the applicant that they have up to twenty eight days to cancel the application without cost or penalty; and an applicant to a stakeholder pension scheme shall have up to twenty eight days from receiving the said advice to cancelling the said application without cost or penalty.")
	After Clause 1
	BY THE EARL RUSSELL THE LORD GOODHART
	Insert the following new Clause--
	(" .--(1) Regulations may require employees whose earnings exceed a specified amount, or any class of such employees, to become members of a stakeholder pension scheme. (2) Regulations may require the payment of minimum contributions by or on behalf of any member of a stakeholder pension scheme (whether or not regulations under subsection (1) apply to such members). (3) The minimum contributions under subsection (2) shall be such amount as may be prescribed, being-- (a) in the case of an employee, not more than 3.5 per cent of his earnings between the lower earnings limit and the upper earnings limit (within the meaning of the Contributions and Benefit Act); and (b) in the case of an employer, not more than half of those earnings.")		Compulsory membership and contributions.
	Insert the following new Clause--
	(" .--(1) Nothing in regulations made under section 1 shall prohibit the payment to stakeholder pension schemes of contributions up to the limit necessary to ensure that the scheme has tax-exemptions or tax-approval (within the meaning of the 1993 Act or the Pension Schemes (Northern Ireland) Act 1993). (2) Regulations made under section 1 shall permit any person to be a member of both a stakeholder pension scheme and of a personal pension scheme which has been approved under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 or an occupational pension scheme (within the meaning of the 1993 Act) which is a money purchase scheme (within the meaning of the 1993 Act) in respect of the same employment. (3) If a person is a member both of a stakeholder pension scheme and another scheme such as is mentioned in subsection (2), contributions may be paid in any year by or in respect of him-- (a) to the stakeholder scheme not exceeding such amount as may be provided by regulations; and (b) to the other scheme, not exceeding such amount as would be permissible if he were a member only of that scheme, less the amount of contributions paid by or in respect of him to the stakeholder scheme. (4) The Secretary of State and the Board of Inland Revenue shall within twelve months of the coming into force of this section lay before each House of Parliament a report containing proposals for legislation to enable a person to be a member both of a stakeholder pension scheme and of an occupational pension scheme (within the meaning of the 1993 Act) which is not a money purchase scheme and which has tax-exemption or tax-approval (within the meaning of the 1993 Act).")		Additional contributions and dual membership.
	Clause 2
	BY THE LORD HIGGINS THE LORD ASTOR OF HEVER THE BARONESS ANELAY OF ST JOHNS
	Page 3, line 26, leave out from ("shall") to first ("one") in line 28 and insert ("provide access to")
	Clause 3
	BY THE LORD HIGGINS THE LORD ASTOR OF HEVER THE BARONESS ANELAY OF ST JOHNS
	Page 3, line 24, after second ("of") insert ("10 or more")
	Clause 27
	BY THE LORD HIGGINS THE LORD ASTOR OF HEVER THE BARONESS ANELAY OF ST JOHNS
	Page 31, line 3, at end insert-- ("( ) Following an award against a scheme member of one or more pension debit orders, the scheme member shall be entitled, within permitted contribution limits, to rebuild the pension rights foregone as a result of the order or orders.")
	Clause 49
	BY THE LORD HIGGINS THE LORD ASTOR OF HEVER THE BARONESS ANELAY OF ST JOHNS
	Page 54, line 16, after ("day") insert ("or a bereaved person aged 60 and 64 when the spouse died")
	Page 54, line 24, at end insert ("or was making voluntary contributions")
	Clause 50
	BY THE LORD HIGGINS THE LORD ASTOR OF HEVER THE BARONESS ANELAY OF ST JOHNS
	Page 54, line 40, leave out ("the appointed day") and insert ("1st January 2014")
	Page 54, line 42, leave out ("that") and insert ("the appointed")
	Page 55, line 2, leave out ("person's spouse") and insert ("man's wife")
	Page 55, line 23, after ("5") insert ("or was making voluntary contributions")
	Page 56, leave out lines 22 to 26
	Page 56, line 23, leave out ("26 weeks") and insert ("two years")
	BY THE BARONESS LOCKWOOD THE LORD HASKEL THE BARONESS CRAWLEY THE BARONESS PITKEATHLEY
	Page 56, line 23, leave out ("26") and insert ("52")
	BY THE LORD HIGGINS THE LORD ASTOR OF HEVER THE BARONESS ANELAY OF ST JOHNS
	Page 56, line 32, leave out ("26 weeks") and insert ("two years")
	BY THE BARONESS LOCKWOOD THE LORD HASKEL THE BARONESS CRAWLEY THE BARONESS PITKEATHLEY
	Page 56, line 32, leave out ("26") and insert ("52")
	BY THE LORD HIGGINS THE LORD ASTOR OF HEVER THE BARONESS ANELAY OF ST JOHNS
	Page 57, leave out lines 26 to 32
	Clause 52
	BY THE BARONESS ANELAY OF ST JOHNS THE LORD HIGGINS THE LORD ASTOR OF HEVER
	Page 59, line 21, at end insert-- ("(1A) A work focused interview for a person receiving or applying for or having applied for incapacity benefit, severe displacement allowance, or disability premia in income support shall only take place once the personal capability assessment provided for in section 171C of the Contributions and Benefits Act has been made.")
	BY THE LORD HIGGINS THE LORD ASTOR OF HEVER THE BARONESS ANELAY OF ST JOHNS
	Page 59, line 42, at end insert-- ("( ) for determining the training to be provided to persons by whom interviews are to be conducted which shall include training in the principles of personnel management and job placement, and in the types and incidence of mental and physical disability and in recent developments in coping with time;")
	BY THE BARONESS ANELAY OF ST JOHNS THE LORD HIGGINS THE LORD ASTOR OF HEVER
	Page 60, line 15, after ("regulations") insert ("such matters to include the degree of incapacity, invalidity or physical or mental illness of the person, the recent bereavement of such a person or the illness or incapacity of any child, parent, spouse, partner or other person for whom the person claiming benefit has care")
	BY THE LORD HIGGINS THE LORD ASTOR OF HEVER THE BARONESS ANELAY OF ST JOHNS
	Page 61, leave out lines 7 to 20
	Page 61, line 7, leave out ("designated authority") and insert ("Secretary of State")
	Page 61, line 13, leave out ("designated authority") and insert ("Secretary of State")
	Page 61, leave out lines 34 to 42
	BY THE BARONESS ANELAY OF ST JOHNS THE LORD HIGGINS THE LORD ASTOR OF HEVER
	Page 62, line 24, at end insert-- ("(1A) Regulations shall be made specifying the maximum period which may elapse between the refusal of benefit and the hearing and determination of an appeal, and will provide, if the appeal has not been heard and determined within such periods, for the applicant to be deemed to have had his case upheld.")
	After Clause 53
	BY THE LORD HIGGINS THE LORD ASTOR OF HEVER THE BARONESS ANELAY OF ST JOHNS
	Insert the following new Clause--
	(" .--(1) The Secretary of State shall report annually to Parliament on the operation of the work-focused interviews, with specific reference to-- (a) the number of those moved from the interviews into work; and (b) the number who, having moved into work, leave work after-- (i) 6 months, and (ii) 12 months. (2) For the purposes of subsection (1), the Secretary of State shall take into consideration the following-- (a) the number of interviews which are postponed, deferred or cancelled, (b) any cost implications for businesses, and (c) the levels of fraud detected. (3) For the purposes of subsection (1) the Secretary of State shall consult-- (a) all relevant non-governmental organisations, (b) all businesses involved with the operation of the work focused interviews, and (c) any organisations which the Secretary of State may think appropriate. (4) The period for any consultation under subsection (3) shall be three months.")		Annual report to Parliament on work-focused interviews.
	Clause 56
	BY THE BARONESS ANELAY OF ST JOHNS THE LORD HIGGINS THE LORD ASTOR OF HEVER
	Page 65, line 17, at end insert-- ("provided that in making the assessment under (a) and (b) above, account shall be taken of the types of jobs available in the locality")
	BY THE LORD HIGGINS THE LORD ASTOR OF HEVER THE BARONESS ANELAY OF ST JOHNS
	Page 65, line 36, at end insert-- ("( ) Before exercising any power to make regulations under this section the Secretary of State shall consult organisations representing disabled people and shall take reasonable account of their submissions and concerns.")
	Page 65, leave out lines 37 to 43
	Page 65, line 43, at end insert-- ("(5A) Not more than one assessment shall be carried out under subsection (5) above in any period of five years.")
	After Clause 61
	BY THE EARL RUSSELL THE LORD GOODHART
	Insert the following new Clause--
	(" . In section 135 of the Social Security Contributions and Benefits Act 1992, there shall be inserted after subsection (1)-- (1A) The applicable amounts for income support for severely disabled persons shall be made by the Secretary of State following consultation with one or more organisations whom he regards as representative of severely disabled persons. (1B) The sums first certified by the Secretary of State under subsection (1A) above shall be, in the case of a severely disabled person who is aged not less than 16 but less than 60, set at a level at no less than the higher level for those aged over 25 together with the maximum disability premiums available. (1C) After sums have first been certified under subsection (1A) above, the sums certified in each subsequent year shall be not less than the total of the sums certified in the previous year together with the amount (if any) by which it appears to the Secretary of State that the general level of prices has increased in the course of the previous year. (1D) In subsections (1A) to (1B) above, "severely disabled persons" means persons who are in receipt of the care component of disability living allowance at the highest rate within subsection (4)(a) of section 72 above."")		Income support for severely disabled persons.
	Clause 74
	BY THE BARONESS ANELAY OF ST JOHNS THE LORD HIGGINS THE LORD ASTOR OF HEVER
	Page 80, line 29, at end insert-- ("(d) for ensuring that, in relation to a housing benefit claimant who is disabled, due account is taken of his need for additional space, including an extra bedroom for a carer.")
	Clause 83
	BY THE BARONESS ANELAY OF ST JOHNS THE LORD HIGGINS THE LORD ASTOR OF HEVER
	Page 86, line 14, at end insert ("; and section 75 shall not come into force until the Secretary of State is satisfied that there are sufficient safeguards within the Child Support Agency to protect the confidential nature of the information declared")
	Page 86, leave out line 29 and insert-- ("( ) section 74 and sections 76 to 78;")