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House of Lords

Session 1998-99 Publications on the internet Other Bills before Parliament 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 [Supplement (?) to the] [# Marshalled List of ] Amendments to the Welfare Reform and Pensions Bill to be moved [in Committee][on Report][on Third Reading][in Grand Committee] in the House of Lords.

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

Clauses 51 to 54 Schedule 7 Clauses 55 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 51
	BY THE LORD RIX
91A	Page 58, line 25, at beginning insert ("Subject to subsection (7A),")
	BY THE EARL RUSSELL THE LORD GOODHART THE LORD ADDINGTON
91B	Page 58, line 25, leave out ("2000") and insert ("2010")
	BY THE LORD RIX
92	[Withdrawn]
92A	Page 58, line 29, at end insert--       ("(7A)  In specified cases, regulations shall prescribe higher proportions than that specified in subsection (7), up to the full amount which would otherwise have been payable.       (7B)  Regulations made under subsection (7A) shall be contained in a statutory instrument which shall not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.")
	After Clause 51
	BY THE LORD GOODHART THE EARL RUSSELL THE LORD ADDINGTON
92B	Insert the following new Clause--
	("(1)  After subsection (1) of section 113 of the Contributions and Benefits Act there shall be inserted--     (1A)  Subsection (1) shall not disqualify a person absent from Great Britain from receiving a retirement pension under Part II of this Act."     (2)  At the end of section 119 of the Contributions and Benefits Act there shall be added--     (2)  No order made under this section may provide for any uprating under section 150 of the Administration Act of retirement pensions under Part II of this Act to be excluded or reduced by reason of the absence from Great Britain of the person entitled to the pension."")		Retirement pension of non-residents.
	BY THE EARL RUSSELL THE LORD GOODHART THE LORD ADDINGTON
92C	Insert the following new Clause--
	("  .  The Contributions and Benefits Act is amended by substituting ("2010") for ("2000") in-- (a)  subsection (3) of section 39; (b)  subsection (3) of section 48C; (c)  subsection (3) of section 51; and (d)  paragraph 4(3), 5A(2) and (3), and 6(3) and (4) of Schedule 5.")		Deferment of reduction in SERPS for widows and widowers.
92D	[Withdrawn]
	Clause 52
	BY THE EARL RUSSELL THE LORD GOODHART THE LORD ADDINGTON
92E	Page 59, line 9, at beginning insert ("Subject to commission and publication of research into the actions and income of those disentitled to benefit,")
	BY THE LORD ADDINGTON THE EARL RUSSELL THE LORD GOODHART
93	Page 59, line 14, at end insert ("save where a person has a mental illness diagnosis")
94	Page 59, line 14, at end insert ("save where a person has been an in-patient of a mental illness hospital within the previous three months")
	BY THE LORD RIX THE LORD ASHLEY OF STOKE THE LORD HIGGINS THE EARL RUSSELL
95	Page 59, line 16, after ("benefit") insert (", save where a person is severely disabled")
96	Page 59, line 16, after ("benefit") insert (", save where a person has caring commitments of thirty five hours per week or more")
	BY THE EARL RUSSELL THE LORD GOODHART THE LORD ADDINGTON
97	Page 59, line 21, at end insert ("; and such regulations shall not have effect unless they have been laid in draft before, and approved by resolution of, each House of Parliament.")
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER THE EARL RUSSELL
98	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 disablement 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 BARONESS TURNER OF CAMDEN
99	Page 59, line 21, at end insert--       ("(  )  Regulations shall provide that a refusal by such a person to undertake work proposed at such an interview shall not, of itself, lead to a loss of benefit entitlement.")
100	[Withdrawn]
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
101	Page 59, line 26, leave out paragraph (d)
102	Page 59, line 29, leave out paragraph (e)
103	Page 59, line 30, leave out paragraph (f)
	BY THE LORD RIX THE LORD ASHLEY OF STOKE THE LORD HIGGINS THE EARL RUSSELL
104	Page 59, line 31, leave out paragraph (g)
	BY THE LORD GOODHART THE EARL RUSSELL THE LORD ADDINGTON
105	Page 59, line 31, at end insert--       ("(  )  Subsection (1) shall not apply to-- (a)  a person who has attained pensionable age (within the meaning of the Contributions and Benefits Act), or (b)  a person who is entitled to working families' tax credit or disabled person's tax credit (within the meaning of the Tax Credits Act 1999.")
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
106	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;")
107	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 EARL RUSSELL THE LORD GOODHART THE LORD ADDINGTON
108	Page 60, line 18, at end insert-- ("(g)  prescribing that, where an interview has not taken place within three days of the initial claim, and unless this is due to unreasonable behaviour by the claimant, full benefit entitlement be paid until such time as the interview has taken place and entitlement can be reassessed")
108A	Page 60, line 36, at end insert--       ("(4A)  Regulations made under paragraph (e) of subsection (3) above shall provide that the appropriate consequences shall not ensue in prescribed circumstances where the person or a member of their family would suffer hardship if it did.")
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
109	Page 61, leave out lines 7 to 20
110	Page 61, line 7, leave out ("designated authority") and insert ("Secretary of State")
111	Page 61, line 13, leave out ("designated authority") and insert ("Secretary of State")
112	Page 61, leave out lines 34 to 42
	BY THE EARL RUSSELL THE LORD GOODHART THE LORD ADDINGTON
113	Page 61, line 42, at end insert-- (""good cause" shall include physical or mental impairment which makes it difficult for a person to understand or deal with communications;")
	BY THE LORD RIX THE LORD ASHLEY OF STOKE THE LORD HIGGINS THE EARL RUSSELL
114	Page 61, line 44, at end insert (", conducted with an advocate present where the person deems it appropriate")
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
115	Page 61, line 44, at end insert (", conducted in a location appropriate to the person")
116	Page 62, line 5, after ("training") insert ("or benefits")
117	Page 62, line 9, after second ("or") insert ("benefit")
118	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 shall 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 BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
119	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 LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
120	Page 65, line 17, at end insert--   ("provided that in making the assessment under paragraphs (a) and (b) above, account shall be taken of the types of jobs available in the locality")
	BY THE EARL RUSSELL THE LORD GOODHART THE LORD ADDINGTON
120A	Page 65, line 17, at end insert-- ("(c)  for the doctor conducting the personal capability assessment to provide both the claimant and the person who shall conduct the claimant's work-focused interview under section 2A of the Administration Act (work-focused interviews) with an assessment of the claimant's future incapacity for work based on a medical prognosis of the claimant's disability or disease.")
120B	Page 65, line 17, at end insert--       ("(  )  The activities prescribed under subsection (2)(a) above shall relate only to a person's incapacity for work.")
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
121	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.")
122	Page 65, leave out lines 37 to 43
123	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.")
	BY THE EARL RUSSELL
	The Earl Russell gives notice of his intention to oppose the Question that Clause 56 stand part of the Bill.
	Clause 57
	BY THE EARL RUSSELL THE LORD GOODHART THE LORD ADDINGTON
124	Page 66, line 13, leave out ("may") and insert ("shall")
	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 57 stand part of the Bill.
	Clause 58
	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 58 stand part of the Bill.

© Parliamentary copyright 1999	Prepared 10 July 1999

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