House of Lords Amendments - Welfare Reform and Pensions Bill

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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 Fourth Marshalled List of Amendments to the Welfare Reform and Pensions Bill to be moved in Committee in the House of Lords.

The amendments have been marshalled in accordance with the instruction of 17th June 1999, as follows--

Clauses 60 to 65
Schedule 8
Clauses 66 to 69
Schedules 9 and 10
Clauses 70 to 76
Schedule 11
Clauses 77 to 79
Schedule 12
Clauses 80 to 82
Schedule 13
Clauses 83 to 85

[Amendments marked * are new or have been altered]

Amendment
No.

Clause 60

BY THE LORD RIX

124B      Page 68, line 18, at end insert--

    ("(  )  Those persons entitled to severe disablement allowance at the time this provision comes into force shall receive incapacity benefit in place of that allowance, and shall continue to receive incapacity benefit subject to the normal conditions other than contribution conditions.")

BY THE LORD ASHLEY OF STOKE
THE LORD RIX
THE LORD HIGGINS
THE EARL RUSSELL

     The above-named Lords give notice of their intention to oppose the Question that Clause 60 stand part of the Bill.

After Clause 60

BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE

124C      Insert the following new Clause--

    ("  .--(1)  The Secretary of State shall take such steps as appears to him appropriate for the purpose of securing that persons who may be entitled to attendance allowance or disability living allowance (as the case may be) become aware that they may be entitled to that benefit.

    (2)  If it appears to the Secretary of State that, on the basis of information in his possession, a person who has not made a claim for attendance allowance or disability living allowance (as the case may be) may be entitled to that benefit, he shall forthwith inform him of that fact and invite him to make a claim for it.

    (3)  Where the Secretary of State is in possession of information which should have alerted him to the fact that a person might be entitled to claim attendance allowance or disability living allowance (as the case may be) but he failed to discharge his duty under subsection (2) above and that person subsequently makes a claim for the benefit concerned which is determined in his favour, he shall be entitled to payment of the benefit from the time when the information came into the possession of the Secretary of State, provided that he would have been entitled from that time but for the requirement of paragraph (a) of subsection (1) of section 1 of the Social Security Administration Act 1992 (claim necessary for entitlement).") Attendance allowance and disability living allowance: information about entitlement.

After Clause 61



125      [Withdrawn]

BY THE EARL RUSSELL
THE LORD GOODHART
THE LORD ADDINGTON

125A      Insert the following new Clause--

    ("  .--In section 135 of the Social Security Contributions and Benefits Act, 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) and (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 or in receipt of severe disablement allowance."")
Income support for severely disabled persons.

Clause 62



125B      [Withdrawn]

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.

BY THE LORD ASHLEY OF STOKE

127D      Insert the following new Clause--

    (". After section 76 of the Contributions and Benefits Act there is inserted-- Deafblind link scheme.

Deafblind link scheme

Deafblind link scheme.      76A.--(1) A person who has a combined sight and hearing impediment which is such as to make him unable to communicate or receive information, or virtually unable to do so, without assistance is entitled to receive deafblind link vouchers.

    (2)  A person is within subsection (1) if he is--
(a)  both blind and deaf,

(b)  partially blind and deaf,

(c)  partially deaf and blind, or

(d)  partially deaf and partially blind,
and he satisfies such other conditions as may be prescribed.

    (3)  A weekly rate of deafblind link vouchers shall be prescribed which is redeemable at a value at least equivalent to the highest rate of the care component of a disability living allowance.

    (4)  Regulations shall provide for deafblind link vouchers--
(a)  to be issued to a person entitled to receive them at such periods as may be prescribed, and

(b)  to be redeemable by a registered provider,
in respect of the supply of prescribed services.

    (5)  In this section--
registered provider" means a person who provides services to persons within subsection (1) to enable them to communicate or receive information and who is for the time being listed on a register maintained by or under the direction of the Secretary of State, and

prescribed services" is to be construed accordingly."")

BY THE EARL RUSSELL
THE LORD GOODHART
THE LORD ADDINGTON

127E      Insert the following new Clause--

    ("  .  Section 73 of the Social Security Administration Act 1992 shall be amended as follows--
(a)  at the beginning of subsection (1), the words "Subject to subsection (1A) below" shall be inserted;

(b)  after subsection (1), there shall be inserted--

    (1A) Paragraph (b) of subsection (1) above shall not apply to the mobility component of disability living allowance."")
Mobility component of disability living allowance not to be taken into account in adjustment of overlapping benefits.

Clause 63

BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER

127F      Page 69, line 23, at end insert--

    ("(  )  This section does not apply to any overpayment which is subsequently established to have been fraudulently claimed.")

127G      Page 70, line 10, leave out paragraph (a)

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.

128YA      Insert the following new Clause--

    ("  . In calculating entitlement to income support, in the case of a person whose applicable amount includes a disability premium or would include such a premium were the person not an in-patient or in prescribed accommodation, there shall be disregarded the first £26 of earnings in any week, or such higher amount as shall be prescribed each year on the basis of the movement in average earnings since this provision came into force.") Calculation of entitlement to income support (No. 1).

128ZA      Insert the following new Clause--

    ("  . In calculating entitlement to income support, in the case of a person whose applicable amount includes a disability premium or would include such premium were the person not an in-patient or in prescribed accommodation, there shall be disregarded the first £25 of earnings in any week, or such higher amount as shall be prescribed each year on the basis of the movement in average earnings since this provision came into force.") Calculation of entitlement to income support (No. 2).

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.

After Clause 67

BY THE LORD MORRIS OF MANCHESTER
THE EARL RUSSELL

128B      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 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 JENKIN OF RODING
THE LORD HIGGINS

140ZA      Page 76, line 48, at end insert--

    ("(  ) Regulations made under this section shall not apply where a person provides services that relate to the production, storage or communication of information using computers or micro-electronics.")

BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER

140A      Page 77, line 2, at end insert--

    ("(  )  Regulations made under this section shall not apply where a person provides services that relate to the production, storage or communication of information using computers or micro-electronics.")

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

© Parliamentary copyright 1999
Prepared 19 July 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	Clause 60
	BY THE LORD RIX
124B	Page 68, line 18, at end insert-- ("( ) Those persons entitled to severe disablement allowance at the time this provision comes into force shall receive incapacity benefit in place of that allowance, and shall continue to receive incapacity benefit subject to the normal conditions other than contribution conditions.")
	BY THE LORD ASHLEY OF STOKE THE LORD RIX THE LORD HIGGINS THE EARL RUSSELL
	The above-named Lords give notice of their intention to oppose the Question that Clause 60 stand part of the Bill.
	After Clause 60
	BY THE LORD HIGGINS THE LORD ASTOR OF HEVER THE BARONESS BUSCOMBE
124C	Insert the following new Clause--
	(" .--(1) The Secretary of State shall take such steps as appears to him appropriate for the purpose of securing that persons who may be entitled to attendance allowance or disability living allowance (as the case may be) become aware that they may be entitled to that benefit. (2) If it appears to the Secretary of State that, on the basis of information in his possession, a person who has not made a claim for attendance allowance or disability living allowance (as the case may be) may be entitled to that benefit, he shall forthwith inform him of that fact and invite him to make a claim for it. (3) Where the Secretary of State is in possession of information which should have alerted him to the fact that a person might be entitled to claim attendance allowance or disability living allowance (as the case may be) but he failed to discharge his duty under subsection (2) above and that person subsequently makes a claim for the benefit concerned which is determined in his favour, he shall be entitled to payment of the benefit from the time when the information came into the possession of the Secretary of State, provided that he would have been entitled from that time but for the requirement of paragraph (a) of subsection (1) of section 1 of the Social Security Administration Act 1992 (claim necessary for entitlement).")		Attendance allowance and disability living allowance: information about entitlement.
	After Clause 61

125	[Withdrawn]
	BY THE EARL RUSSELL THE LORD GOODHART THE LORD ADDINGTON
125A	Insert the following new Clause--
	(" .--In section 135 of the Social Security Contributions and Benefits Act, 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) and (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 or in receipt of severe disablement allowance."")		Income support for severely disabled persons.
	Clause 62

125B	[Withdrawn]
	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.
	BY THE LORD ASHLEY OF STOKE
127D	Insert the following new Clause--
	(". After section 76 of the Contributions and Benefits Act there is inserted--		Deafblind link scheme.
	Deafblind link scheme
	Deafblind link scheme.	76A.--(1) A person who has a combined sight and hearing impediment which is such as to make him unable to communicate or receive information, or virtually unable to do so, without assistance is entitled to receive deafblind link vouchers. (2) A person is within subsection (1) if he is-- (a) both blind and deaf, (b) partially blind and deaf, (c) partially deaf and blind, or (d) partially deaf and partially blind, and he satisfies such other conditions as may be prescribed. (3) A weekly rate of deafblind link vouchers shall be prescribed which is redeemable at a value at least equivalent to the highest rate of the care component of a disability living allowance. (4) Regulations shall provide for deafblind link vouchers-- (a) to be issued to a person entitled to receive them at such periods as may be prescribed, and (b) to be redeemable by a registered provider, in respect of the supply of prescribed services. (5) In this section-- registered provider" means a person who provides services to persons within subsection (1) to enable them to communicate or receive information and who is for the time being listed on a register maintained by or under the direction of the Secretary of State, and prescribed services" is to be construed accordingly."")
	BY THE EARL RUSSELL THE LORD GOODHART THE LORD ADDINGTON
127E	Insert the following new Clause--
	(" . Section 73 of the Social Security Administration Act 1992 shall be amended as follows-- (a) at the beginning of subsection (1), the words "Subject to subsection (1A) below" shall be inserted; (b) after subsection (1), there shall be inserted-- (1A) Paragraph (b) of subsection (1) above shall not apply to the mobility component of disability living allowance."")		Mobility component of disability living allowance not to be taken into account in adjustment of overlapping benefits.
	Clause 63
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
127F	Page 69, line 23, at end insert-- ("( ) This section does not apply to any overpayment which is subsequently established to have been fraudulently claimed.")
127G	Page 70, line 10, leave out paragraph (a)
	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.
128YA	Insert the following new Clause--
	(" . In calculating entitlement to income support, in the case of a person whose applicable amount includes a disability premium or would include such a premium were the person not an in-patient or in prescribed accommodation, there shall be disregarded the first £26 of earnings in any week, or such higher amount as shall be prescribed each year on the basis of the movement in average earnings since this provision came into force.")		Calculation of entitlement to income support (No. 1).
128ZA	Insert the following new Clause--
	(" . In calculating entitlement to income support, in the case of a person whose applicable amount includes a disability premium or would include such premium were the person not an in-patient or in prescribed accommodation, there shall be disregarded the first £25 of earnings in any week, or such higher amount as shall be prescribed each year on the basis of the movement in average earnings since this provision came into force.")		Calculation of entitlement to income support (No. 2).
	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.
	After Clause 67
	BY THE LORD MORRIS OF MANCHESTER THE EARL RUSSELL
128B	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 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 JENKIN OF RODING THE LORD HIGGINS
140ZA	Page 76, line 48, at end insert-- ("( ) Regulations made under this section shall not apply where a person provides services that relate to the production, storage or communication of information using computers or micro-electronics.")
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
140A	Page 77, line 2, at end insert-- ("( ) Regulations made under this section shall not apply where a person provides services that relate to the production, storage or communication of information using computers or micro-electronics.")
	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