House of Lords Amendments - Welfare Reform and Pensions Bill

Welfare Reform and Pensions Bill - Amendments to be debated in the House of Lords - continued	House of Lords
back to previous amendments

	After Clause 61
	BY THE EARL RUSSELL THE LORD GOODHART
125	Insert the following new Clause--
	(" . In section 135 of the Contributions and Benefits Act, there shall be inserted after subsection (1)-- (1A) The applicable amounts for income support for severely disabled persons shall be certified 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, in the case of a severely disabled person who is aged not less than 16 but less than 60, be set at a level 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 62
	BY THE EARL RUSSELL THE LORD GOODHART THE LORD ADDINGTON
126	Page 69, line 8, leave out ("5"") and insert ("3"")
127	Page 69, line 9, leave out ("subsection (3) does not affect") and insert ("no provision of this section affects")
	BY THE LORD RIX
127A*	Page 69, line 10, at end insert-- ("(5) In determining entitlement to the mobility component of disability living allowance, no account shall be taken of where or by what agency a person is accommodated.")
	After Clause 62
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
127B	Insert the following new Clause--
	(" . In section 75(1) of the Contributions and Benefits Act, for 65" substitute "70".")	Increase of upper age limit for disability living allowance.
127C	Insert the following new Clause--
	(" . In section 72(1) of the Contributions and Benefits Act, at the end of paragraph (a) there is added-- (iii) he is a deaf person who has difficulty communicating with strangers, or is unable to communicate with other people without prescribed technical aids and equipment, or (iv) he requires a special diet as may be prescribed in regulations, or (v) he suffers from frequent incontinence, or".")	Qualifying conditions for the lower rate care component of disability living allowance.
	After Clause 65
	BY THE EARL RUSSELL THE LORD GOODHART THE LORD ADDINGTON
128	Insert the following new Clause--
	(" . In section 137(2)(a) of the Contributions and Benefits Act, at the end insert "so however that regulations may not treat a person who is in Great Britain and who has the right to live in Great Britain for the time being without immigration leave as not being in Great Britain irrespective of where he is habitually or ordinarily resident."")	Income-related benefits: habitual residence test.
	Clause 66
	BY THE BARONESS HOLLIS OF HEIGHAM
128A	Page 72, leave out line 37 and insert ("the Child Support Act 1991 for a maintenance assessment)")	1991 c. 48.
	Clause 68
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
	The above-named Lords give notice of their intention to oppose the Question that Clause 68 stand part of the Bill.
	Clause 69
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
	The above-named Lords give notice of their intention to oppose the Question that Clause 69 stand part of the Bill.
	Schedule 9
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
129	Page 128, line 43, leave out paragraph 3
130	Page 129, leave out line 9
131	Page 129, leave out lines 10 and 11
132	Page 129, leave out line 12
133	Page 129, leave out line 13
134	Page 129, leave out lines 14 to 21
135	Page 129, line 22, leave out ("Except as may be prescribed,")
136	Page 129, leave out lines 25 to 29
	The above-named Lords give notice of their intention to oppose the Question that Schedule 9 be the ninth Schedule to the Bill.
	Schedule 10
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
	The above-named Lords give notice of their intention to oppose the Question that Schedule 10 be the tenth Schedule to the Bill.
	Clause 70
	BY THE LORD HIGGINS THE LORD ASTOR OF HEVER THE LORD GOODHART THE LORD JENKIN OF RODING
137	Page 74, line 36, leave out from ("worker")") to ("and") in line 40 and insert ("would have been an employed earner of a business carried on by another person to which he provides services ("the client") had he contracted direct with the client,")
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER THE LORD JENKIN OF RODING
138	Page 75, line 9, at end insert-- ("( ) Regulations shall not be made under this section until the Secretary of State, following full consultation with all interested parties, has laid before Parliament a regulatory impact assessment which, amongst other matters, assesses the implications of the proposed regulations for economic activity within the United Kingdom.")
139	Page 75, line 9, at end insert-- ("( ) Regulations under this section shall not apply to any circumstances where the worker is entitled to delegate the whole performance of the services to another person, or where the third party is entitled to nominate someone other than the worker to perform the whole of the services.")
	BY THE LORD HIGGINS THE LORD ASTOR OF HEVER THE LORD JENKIN OF RODING
140	Page 76, leave out lines 13 to 23
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER THE LORD JENKIN OF RODING
	The above-named Lords give notice of their intention to oppose the Question that Clause 70 stand part of the Bill.
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
141	Transpose Clause 70 to after Clause 73
	Clause 71
	BY THE LORD GOODHART THE EARL RUSSELL THE LORD ADDINGTON
141A	Page 77, line 16, leave out from ("worker")") to ("and") in line 20
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
	The above-named Lords give notice of their intention to oppose the Question that Clause 71 stand part of the Bill.
142	Transpose Clause 71 to after Clause 73
	Clause 74
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
143	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.")
	After Clause 74
	BY THE LORD MORRIS OF MANCHESTER
143A	Insert the following new Clause--
	(" .--(1) When determining levels of social security benefits and pensions, the Secretary of State shall have regard to the minimum level of income necessary to maintain good health and cover essential needs. (2) In considering the minimum level of income in subsection (1) above, the Secretary of State shall take into consideration the need to-- (a) combat social exclusion, (b) maintain satisfactory standards of child development, and (c) ensure respect for human dignity.")	Secretary of State to have regard to income necessary for good health.
	Clause 78
	BY THE BARONESS HOLLIS OF HEIGHAM
143B	Page 83, line 22, at end insert-- ("( ) A statutory instrument containing an order under section 23(3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.")



© Parliamentary copyright 1999	Prepared 5 July 1999