| |
After Clause 10 | |
| |
BY THE BARONESS TURNER OF CAMDEN | |
| 41 |
Insert the following new Clause-- | |
| | (" . In section 62 of the Pensions Act 1995, after subsection (3) there shall be inserted--
(3A) An equal treatment rule has the effect that where--
(a) an unmarried partner is employed on like work with a married person in the same employment,
(b) an unmarried partner is employed on work rated as equivalent with that of a married person in the same employment, or
(c) an unmarried partner is employed on work which, not being work in relation to which paragraph (a) or (b) applies, is, in terms of the demands made (for instance under such headings as effort, skill and decision) of equal value to that of a married person in the same employment,
but (apart from the rule) should any of the terms referred to in subsection (2) become less favourable to the unmarried partner than to the married person, the terms shall be treated as so modified as not to be less favourable.
(3B) For the purposes of subsection (3A), an unmarried partner is a person who--
(a) is living with another person of the same sex or of the opposite sex in the same household; and
(b) has been living with that person in the same household for at least two years; and
(c) is living during the whole of that period as the husband or wife of that other person."")
| Equal treatment rule. |
| |
Clause 16 | |
| |
BY THE BARONESS HOLLIS OF HEIGHAM | |
| 42 |
Page 21, line 26, leave out ("debtor's") | |
| 43 |
Page 22, line 12, leave out ("debtor's") | |
| 44 |
Page 22, line 35, leave out ("debtor's") | |
| |
Before Clause 17 | |
| |
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER | |
| 45 |
Insert the following new Clause-- | |
| | (" .--(1) The Income Support (General) Regulations 1987 shall be amended as follows.
(2) At the beginning of regulation 45 (capital limit) there is inserted "Subject to regulation 45A".
(3) After regulation 45 there is inserted--
45A. For the purposes of section 22(6) of the Social Security Act 1986 as it applies to income support (no entitlement to benefit if capital exceeds prescribed amount), the prescribed amount for persons of pensionable age is £16,000."") | Income support: capital limit for pensioners. |
| 46 |
Insert the following new Clause-- | |
| | (" .--(1) The Income Support (General) Regulations 1987 shall be amended as follows.
(2) After regulation 53 (calculation of tariff income from capital) there is inserted--
53A. Where a claimant is of pensionable age and his capital calculated in accordance with this part exceeds £8,000 it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £8,000 but not exceeding £16,000."") | Income support: calculation of tariff income from capital of pensioners. |
| 47 |
Insert the following new Clause-- | |
| | (" .--(1) The Income Support (General) Regulations 1987 shall be amended as follows.
(2) At the beginning of regulation 45 (capital limit) there is inserted "Subject to regulation 45A".
(3) After regulation 45 there is inserted--
45A. For the purposes of section 22(6) of the Social Security Act 1986 as it applies to income support (no entitlement to benefit if capital exceeds prescribed amount), the prescribed amount for persons of pensionable age is £16,000 and this amount shall be uprated each year in line with inflation."") | Income support: capital limit for pensioners
(No. 2). |
| 48 |
Insert the following new Clause-- | |
| | (" .--(1) The Income Support (General) Regulations 1987 shall be amended as follows.
(2) After regulation 53 (calculation of tariff income from capital) there is inserted--
53A. Where a claimant is of pensionable age and his capital calculated in accordance with this part exceeds £8,000 it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £8,000 but not exceeding £16,000, and these amounts shall be uprated each year in line with inflation."") | Income support:
calculation of
tariff income
from capital of
pensioners
(No. 2). |
| |
After Clause 17 | |
| |
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER | |
| 49 |
Insert the following new Clause-- | |
| | (" .--(1) The Secretary of State shall by regulations establish a scheme to compensate persons who are widowed after 5th April 2000 and who have not been able to make alternative provision to make good the reduction in the additional pension then payable to them as a result of the enactment of section 19 of the Social Security Act 1986, because of the provision of inadequate or misleading information by the Department of Social Security.
(2) If no regulations are made under subsection (1) before 5th April 2000 then the Contributions and Benefits Act shall be amended in accordance with subsections (3) and (4).
(3) The following provisions shall cease to have effect--
(d) in Schedule 5, paragraphs 4(3), 5A(3) and 6(4).
(4) The following words shall be omitted--
(a) in sections 48A(4)(b) and 48B(2)(b), "half of",
(b) in paragraph 5(2) of Schedule 5, "Where the husband dies before 6th April 2000",
(c) in paragraph 6(3) of that Schedule, "but before 6th April 2000".
(5) Regulations under this section shall be contained in a statutory instrument which shall be laid before, and subject to approval by resolution of, each House of Parliament.") | Compensation scheme for widows and widowers not informed of prospective reduction in SERPS. |
| |
After Clause 18 | |
| |
BY THE LORD HIGGINS | |
| 50 |
Insert the following new Clause-- | |
| | (" . No pension scheme shall require a person to take out a pension in the form of an annuity by a specified age.") | Pension schemes:
restriction. |
| |
BY THE BARONESS STRANGE
THE EARL RUSSELL | |
| 51 |
Insert the following new Clause-- | |
| | (" .--(1) A widow in receipt of a widow's pension under any of the enactments mentioned in subsection (2) ("the DSS pension"), and in receipt of a pension paid under the Armed Forces Pension scheme shall on remarriage or when living together as husband and wife with a member of the opposite sex, only relinquish the DSS pension if the Forces Family Pension (attributable) is retained.
(2) The enactments referred to in subsection (1) are--
(a) the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983, and any order re-enacting the provisions of that order,
(b) the Personal Injuries (Civilians) Scheme 1983, and any subsequent scheme made under the Personal Injuries (Emergency Provisions Act) 1939,
(c) any scheme made under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or the Polish Resettlement Act 1947 applying the provisions of any such order as is referred to in paragraph (a),
(d) the order made under section 1(5) of the Ulster Defence Regiment Act 1969 concerning pensions and other grants in respect of disablement or death due to service in the Ulster Defence Regiment.") | War pensions for widows. |
| |
BY THE LORD MORRIS OF MANCHESTER | |
| 52 |
Insert the following new Clause-- | |
| | ("PART IIA | |
| | BENEFITS AND PENSIONS: DUTY OF SECRETARY OF STATE | |
| | .--(1) When determining levels of social security benefits and pensions, the Secretary of State shall take into account 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.
(3) The Secretary of State shall commission annual independent research on the minimum level of income needed to maintain good health and cover essential needs in subsection (1) and shall publish the results of such research.
(4) The Secretary of State shall also have regard to the results of such research commissioned under subsection (3) above when setting levels of other benefits as may be prescribed.") | Secretary of State to have regard to necessary minimum level of income. |
| |
BY THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN | |
| 53 |
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. |
| 54 |
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. |
| 55 |
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. |
| |
Schedule 2 | |
| |
BY THE BARONESS HOLLIS OF HEIGHAM | |
| 56 |
Page 92, line 34, after ("months") insert ("immediately") | |
| |
Schedule 3 | |
| |
BY THE LORD GOODHART
THE EARL RUSSELL | |
| 57 |
Page 96, leave out lines 16 to 20 | |
| |
Schedule 4 | |
| |
BY THE LORD GOODHART
THE EARL RUSSELL | |
| 58 |
Page 98, leave out lines 41 to 45 | |
| 59 |
Page 99, line 14, leave out sub-paragraph (5) | |
| |
BY THE BARONESS HOLLIS OF HEIGHAM | |
| 60 |
Page 100, line 12, after ("include") insert--
("(a) provision for calculation or verification in accordance with guidance from time to time prepared by a prescribed person, and
| |
| 61 |
Page 100, leave out lines 17 to 39 | |
| |
Clause 22 | |
| |
BY THE BARONESS HOLLIS OF HEIGHAM | |
| 62 |
Page 26, line 33, leave out ("and (2D)") | |
| 63 |
Page 26, leave out lines 35 to 38 | |
| |
After Clause 22 | |
| |
BY THE BARONESS HOLLIS OF HEIGHAM | |
| 64 |
Insert the following new Clause-- | |
| | ("Miscellaneous | |
| | .--(1) The Secretary of State may by regulations--
(a) make provision imposing on the person responsible for a pension arrangement, or on the Secretary of State, requirements with respect to the supply of information relevant to any power with respect to-- | Supply of pension information in connection with divorce etc. |
| | (i) financial relief under Part II of the Matrimonial Causes Act 1973 or Part III of the Matrimonial and Family Proceedings Act 1984 (England and Wales powers in relation to domestic and overseas divorce etc.),
| 1973 c. 18
1984 c. 42. |
| | (ii) financial provision under the Family Law (Scotland) Act 1985 or Part IV of the Matrimonial and Family Proceedings Act 1984 (corresponding Scottish powers), or
| 1985 c. 37.
1984 c. 42. |
| | (iii) financial relief under Part III of the Matrimonial Causes (Northern Ireland) Order 1978 or Part IV of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (corresponding Northern Ireland powers),
(b) make provision about calculation and verification in relation to the valuation of--
(i) benefits under a pension arrangement, or
(ii) shareable state scheme rights,
| |
| | {jf48}for the purposes of regulations under paragraph (a)(i) or (iii),{PA
| |
| | (c) make provision about calculation and verification in relation to-- | S.I. 1978/1045 (N.I. 15).
S.I. 1989/677 (N.I. 4). |
| | (i) the valuation of shareable rights under a pension arrangement or shareable state scheme rights for the purposes of regulations under paragraph (a)(ii), so far as relating to the making of orders for financial provision (within the meaning of the Family Law (Scotland) Act 1985), or
(ii) the valuation of benefits under a pension arrangement for the purposes of such regulations, so far as relating to the making of orders under section 12A of that Act,
(d) make provision for the purpose of enabling the person responsible for a pension arrangement to recover prescribed charges in respect of providing information in accordance with regulations under paragraph (a).
(2) Regulations under subsection (1)(b) or (c) may include provision for calculation or verification in accordance with guidance from time to time prepared by a person prescribed by the regulations.
(3) Regulations under subsection (1)(d) may include provision for the application in prescribed circumstances, with or without modification, of any provision made by virtue of section 38(2).
(4) In subsection (1)--
(a) the reference in paragraph (c)(i) to shareable rights under a pension arrangement is to rights in relation to which pension sharing is available under Chapter I of Part IV, or under corresponding Northern Ireland legislation, and
(b) the references to shareable state scheme rights are to rights in relation to which pension sharing is available under Chapter II of Part IV, or under corresponding Northern Ireland legislation.") | 1985 c. 37. |
| 65 |
Insert the following new Clause-- | |
| | (" . The Secretary of State may by regulations make provision for the purpose of enabling the person responsible for a pension arrangement to recover prescribed charges in respect of complying with-- | Charges by pension arrangements in relation to earmarking orders. |
| | (a) an order under section 23 of the Matrimonial Causes Act 1973 (financial provision orders in connection with divorce etc.), so far as it includes provision made by virtue of section 25B or 25C of that Act (powers to include provision about pensions), | 1973 c. 18. |
| | (b) an order under section 12A(2) or (3) of the Family Law (Scotland) Act 1985 (powers in relation to pensions lump sums when making a capital sum order), or | 1985 c. 37. |
| | (c) an order under Article 25 of the Matrimonial Causes (Northern Ireland) Order 1978, so far as it includes provision made by virtue of Article 27B or 27C of that Order (Northern Ireland powers corresponding to those mentioned in paragraph (a)).") | S.I. 1978/1045 (N.I. 15). |
