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Welfare Reform and Pensions Bill -
Amendments to be debated in the House of Lords - continued		 House of Lords
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Clause 59		 
  
BY THE LORD RIX		 
124A     Page 68, line 1, leave out ("20 or, in prescribed cases,") 
  
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		 
  
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 LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER		 
125B     Page 68, line 40, at end insert--
 
    ("(  )  In section 72(1)(a) of the Contributions and Benefits Act, there shall be inserted the following new qualifying conditions for the lower rate care component of disability living allowance--
          (iii)  he is a deaf person who has difficulty communicating with strangers, or is unable to communicate with other people without prescribed techical aids and equipment; or
          (iv)  he requires a special diet as may be prescribed in regulations; or
          (v)  he suffers from frequent incontinence; or"")
 
  
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.
  
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.
  
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		 
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 
 
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