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 on Report in the House of Lords.

Clause 1

BY THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN

     Page 1, line 17, leave out subsection (4)

     Page 1, line 22, leave out from ("that") to ("or") on page 2, line 2, and insert ("no part of--
(a)  any payment made to the scheme by a member of the scheme;

(b)  any income or capital gain arising from the investment of a payment made to the scheme by or on behalf of a member;")

Clause 2

BY THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN

     Page 2, line 35, after ("scheme") insert ("or that the scheme was established to replace an occupational pension scheme")

Clause 3

BY THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN

     Page 3, line 31, at end insert ("other than those who prefer to acquire earnings-related pension rights under section 44(3)(b) of the Contributions and Benefits Act (SERPS).")

     Page 3, line 38, after ("schemes;") insert--
("(  )  a statement showing the estimated proportion by which the benefits payable for or in respect of members of the scheme could be increased if the whole of the income of the scheme, including capital gains, were used for the provision of such benefits;")

     Page 3, line 38, after ("schemes;") insert--
("(  )  the name and address of a person or persons, with no financial interest in any scheme designated by the employer, from whom they may obtain advice on the advantages and disadvantages of membership of a designated scheme compared with the alternatives available to them;")

Clause 7

BY THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN

     Page 5, line 47, at end insert ("and whether contributions to it result in a reduction of the earner's liability for income tax")

After Clause 18

BY THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN

     Insert the following new Clause--

     ("  .  In section 44(4) of the Contributions and Benefits Act, for "£66.75" there shall be substituted "£75".") Weekly rate of basic pension.

     Insert the following new Clause--

     ("  .--  Employees who are contributors or prospective contributors to an occupational, stakeholder or personal pension scheme shall be given the option of contributing to the state earnings related pension scheme enacted in the Social Security Pensions Act 1975 as amended.") Continuing contributions to SERPS.

     Insert the following new Clause--

     ("  .--(1)  Section 150 of the Administration Act shall be amended as follows.

    (2)  In subsection (1), after "prices" insert "or earnings".

    (3)  In subsection (2)--
(a)  for "Where it appears to the Secretary of State that the general level of prices" substitute "Where it appears to the Secretary of State that the general level of prices or earnings", and

(b)  in subsection (2)(a), after "beginning" insert "and, in the case of the first of the sums specified in section 44(4) of the Contributions and Benefits Act and the sum specified in column 3 of paragraph 5 of Part IV of Schedule 4 to the Contributions and Benefits Act, not less than the percentage by which the general level of earnings is greater at the end of the period than it was at the beginning".")
Uprating of benefits.

After Clause 51

BY THE BARONESS PITKEATHLY

     Insert the following new Clause--

     ("  .  In section 70 of the Contributions and Benefits Act, at the end there shall be added--
    "(11)  The Secretary of State shall issue regulations in respect of persons who cease to be in receipt of Invalid Care Allowance as a result of the death of the person in respect of whose care the allowance has been claimed which shall set the condition for the award to be satisfied for a period of eight weeks from the date on which that person ceased to be in receipt of Invalid Care Allowance."")
Extension of Invalid Care Allowance for bereaved carers.

Clause 71

BY THE LORD GOODHART
THE EARL RUSSELL

     Page 76, leave out lines 18 to 28 and insert--

    ("(5)  Regulations under this section shall provide a right for the worker or the client to apply for a ruling from the Inland Revenue as to whether the relevant payments or benefits are to any extent to be treated as earnings paid to the worker in respect of an employed earner's employment of his.

    (5A)  If no ruling is given on an application under subsection (5) within 4 weeks after the Inland Revenue has been supplied with all relevant information which may be required under regulations, relevant payments or benefits shall not be treated as earnings paid to the worker in respect of an employed earner's employment of his between the end of that period and the giving of the ruling by the Inland Revenue.")

Clause 72

BY THE LORD GOODHART
THE EARL RUSSELL

     Page 78, line 44, leave out from beginning to end of line 6 on page 79 and insert--

    ("(5)  Regulations under this section shall provide a right for the worker or the client to apply for a ruling from the Inland Revenue as to whether the relevant payments or benefits are to any extent to be treated as earnings paid to the worker in respect of an employed earner's employment of his.

    (5A)  If no ruling is given on an application under subsection (5) within 4 weeks after the Inland Revenue has been supplied with all relevant information which may be required under regulations, relevant payments or benefits shall not be treated as earnings paid to the worker in respect of an employed earner's employment of his between the end of that period and the giving of the ruling by the Inland Revenue.")

© Parliamentary copyright 1999
Prepared 7 October 1999

	Clause 1
	BY THE BARONESS CASTLE OF BLACKBURN THE BARONESS TURNER OF CAMDEN
	Page 1, line 17, leave out subsection (4)
	Page 1, line 22, leave out from ("that") to ("or") on page 2, line 2, and insert ("no part of-- (a) any payment made to the scheme by a member of the scheme; (b) any income or capital gain arising from the investment of a payment made to the scheme by or on behalf of a member;")
	Clause 2
	BY THE BARONESS CASTLE OF BLACKBURN THE BARONESS TURNER OF CAMDEN
	Page 2, line 35, after ("scheme") insert ("or that the scheme was established to replace an occupational pension scheme")
	Clause 3
	BY THE BARONESS CASTLE OF BLACKBURN THE BARONESS TURNER OF CAMDEN
	Page 3, line 31, at end insert ("other than those who prefer to acquire earnings-related pension rights under section 44(3)(b) of the Contributions and Benefits Act (SERPS).")
	Page 3, line 38, after ("schemes;") insert-- ("( ) a statement showing the estimated proportion by which the benefits payable for or in respect of members of the scheme could be increased if the whole of the income of the scheme, including capital gains, were used for the provision of such benefits;")
	Page 3, line 38, after ("schemes;") insert-- ("( ) the name and address of a person or persons, with no financial interest in any scheme designated by the employer, from whom they may obtain advice on the advantages and disadvantages of membership of a designated scheme compared with the alternatives available to them;")
	Clause 7
	BY THE BARONESS CASTLE OF BLACKBURN THE BARONESS TURNER OF CAMDEN
	Page 5, line 47, at end insert ("and whether contributions to it result in a reduction of the earner's liability for income tax")
	After Clause 18
	BY THE BARONESS CASTLE OF BLACKBURN THE BARONESS TURNER OF CAMDEN
	Insert the following new Clause--
	(" . In section 44(4) of the Contributions and Benefits Act, for "£66.75" there shall be substituted "£75".")		Weekly rate of basic pension.
	Insert the following new Clause--
	(" .-- Employees who are contributors or prospective contributors to an occupational, stakeholder or personal pension scheme shall be given the option of contributing to the state earnings related pension scheme enacted in the Social Security Pensions Act 1975 as amended.")		Continuing contributions to SERPS.
	Insert the following new Clause--
	(" .--(1) Section 150 of the Administration Act shall be amended as follows. (2) In subsection (1), after "prices" insert "or earnings". (3) In subsection (2)-- (a) for "Where it appears to the Secretary of State that the general level of prices" substitute "Where it appears to the Secretary of State that the general level of prices or earnings", and (b) in subsection (2)(a), after "beginning" insert "and, in the case of the first of the sums specified in section 44(4) of the Contributions and Benefits Act and the sum specified in column 3 of paragraph 5 of Part IV of Schedule 4 to the Contributions and Benefits Act, not less than the percentage by which the general level of earnings is greater at the end of the period than it was at the beginning".")		Uprating of benefits.
	After Clause 51
	BY THE BARONESS PITKEATHLY
	Insert the following new Clause--
	(" . In section 70 of the Contributions and Benefits Act, at the end there shall be added-- "(11) The Secretary of State shall issue regulations in respect of persons who cease to be in receipt of Invalid Care Allowance as a result of the death of the person in respect of whose care the allowance has been claimed which shall set the condition for the award to be satisfied for a period of eight weeks from the date on which that person ceased to be in receipt of Invalid Care Allowance."")		Extension of Invalid Care Allowance for bereaved carers.
	Clause 71
	BY THE LORD GOODHART THE EARL RUSSELL
	Page 76, leave out lines 18 to 28 and insert-- ("(5) Regulations under this section shall provide a right for the worker or the client to apply for a ruling from the Inland Revenue as to whether the relevant payments or benefits are to any extent to be treated as earnings paid to the worker in respect of an employed earner's employment of his. (5A) If no ruling is given on an application under subsection (5) within 4 weeks after the Inland Revenue has been supplied with all relevant information which may be required under regulations, relevant payments or benefits shall not be treated as earnings paid to the worker in respect of an employed earner's employment of his between the end of that period and the giving of the ruling by the Inland Revenue.")
	Clause 72
	BY THE LORD GOODHART THE EARL RUSSELL
	Page 78, line 44, leave out from beginning to end of line 6 on page 79 and insert-- ("(5) Regulations under this section shall provide a right for the worker or the client to apply for a ruling from the Inland Revenue as to whether the relevant payments or benefits are to any extent to be treated as earnings paid to the worker in respect of an employed earner's employment of his. (5A) If no ruling is given on an application under subsection (5) within 4 weeks after the Inland Revenue has been supplied with all relevant information which may be required under regulations, relevant payments or benefits shall not be treated as earnings paid to the worker in respect of an employed earner's employment of his between the end of that period and the giving of the ruling by the Inland Revenue.")