House of Lords Amendments - Welfare Reform and Pensions Bill

Welfare Reform and Pensions Bill - Amendments to be debated in the House of Lords - continued	House of Lords
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	After Clause 23
	BY THE BARONESS HOLLIS OF HEIGHAM
66	Insert the following new Clause--
	("--(1) In this Part--	Interpretation of Part III.
	occupational pension scheme" has the same meaning as in the Pension Schemes Act 1993, pension arrangement" means (a) an occupational pension scheme, (b) a personal pension scheme, (c) a retirement annuity contract, (d) an annuity or insurance policy purchased, or transferred, for the purpose of giving effect to rights under an occupational pension scheme or a personal pension scheme, and (e) an annuity purchased, or entered into, for the purpose of discharging liability in respect of a pension credit under section 26(1)(b) or under corresponding Northern Ireland legislation;	1993 c. 48.
	personal pension scheme" has the same meaning as in the Pension Schemes Act 1993; prescribed" means prescribed by regulations made by the Secretary of State;	1993 c. 48.
	retirement annuity contract" means a contract or scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988; trustees or managers", in relation to an occupational pension scheme or a personal pension scheme, means-- (a) in the case of a scheme established under a trust, the trustees of the scheme, and (b) in any other case, the managers of the scheme. (2) References to the person responsible for a pension arrangement are-- (a) in the case of an occupational pension scheme or a personal pension scheme, to the trustees or managers of the scheme, (b) in the case of a retirement annuity contract or an annuity falling within paragraph (d) or (e) of the definition of "pension arrangement" above, the provider of the annuity, and (c) in the case of an insurance policy falling within paragraph (d) of the definition of that expression, the insurer.")	1988 c. 1.
	Clause 25
	BY THE LORD GOODHART THE EARL RUSSELL
67	Page 28, line 29, leave out paragraph (b)
68	Page 28, line 46, leave out paragraph (c)
69	Page 29, line 1, leave out subsection (6)
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
70	Page 29, line 8, leave out ("2") and insert ("3")
71	Page 29, line 34, leave out ("2") and insert ("3")
	Clause 26
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
72	Page 29, line 43, leave out ("of the appropriate amount") and insert ("calculated in accordance with section 28")
	BY THE LORD GOODHART THE EARL RUSSELL
73	Page 30, line 1, at beginning insert ("Subject to subsection (3A),")
74	Page 30, line 5, at beginning insert ("Subject to subsection (3A),")
75	Page 30, line 9, at end insert-- ("(3A) The Secretary of State may by regulations require that in specified circumstances the appropriate amount shall, instead of being calculated as provided by subsections (2) and (3), be calculated by some other specified method.")
	Clause 28
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
76	Page 31, line 2, leave out ("(2)") and insert ("(2A)")
77	Page 31, line 3, leave out from ("debit") to end of line 8 and insert-- (a) any shareable rights that are accrued rights to qualifying money purchase benefits are reduced on the transfer day by the appropriate percentage, and (b) subject to subsection (2), any other qualifying benefit or future benefit to which he is entitled under the arrangement by virtue of those rights is reduced by the appropriate percentage.")
78	Page 31, line 11, at end insert ("to which subsection (1)(b) applies")
79	Page 31, line 16, at end insert ("that would have been payable in the same circumstances had his pensionable service terminated on the day before the transfer day")
80	Page 31, line 16, at end insert-- ("(2A) Where a person's rights under a pension arrangement become subject to a pension debit, any pension debit in terms of this section shall be ignored for the purposes of calculating any benefit payable in respect of that person which is not a qualifying benefit.")
81	Page 31, line 17, leave out ("and (2)") and insert ("to (2A)")
	Clause 29
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
82	Page 32, line 9, leave out subsection (3)
83	Page 32, line 46, leave out ("any reduction under section 15A") and insert ("a pension debit")
	Clause 34
	BY THE BARONESS HOLLIS OF HEIGHAM
84	Page 42, leave out lines 28 and 29
	Clause 43
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
85	Page 47, line 36, at end insert-- (""accrued rights" has the meaning given by section 124(2) of the Pensions Act 1995;")
86	Page 47, line 38, at end insert-- (""money purchase benefits" has the meaning given by section 181 of the Pension Schemes Act 1993;")
87	Page 48, line 32, after ("(1)") insert-- ("(i) where the benefits secured by the annuity are payable to the trustees of a trust, to the trustees of that trust, and (ii) where the benefits secured by the annuity are payable to the beneficiaries")
88	Page 48, line 34, after ("expression") insert-- ("(i) where the benefits secured by the policy are payable to the trustees of a trust, to the trustees of that trust, and (ii) where the benefits secured by the policy are payable to the beneficiaries")
	Schedule 6
	BY THE BARONESS HOLLIS OF HEIGHAM
89	Page 106, line 19, after ("before") insert ("the end of")
90	Page 107, line 2, after ("before") insert ("the end of")
91	Page 107, line 41, after ("before") insert ("the end of")
	Before Clause 49
	BY THE BARONESS FOOKES
92	Insert the following new Clause--
	(" .--(1) The Contributions and Benefits Act shall be amended as follows. (2) In section 119 (persons outside Great Britain), at the beginning there shall be inserted "Subject to section 119A". (3) After section 119 there shall be inserted--
Entitlement to pension etc uprating (residence outside Great Britain)	119A. Notwithstanding the provisions of any other enactment, no person who is entitled to a retirement pension under Part II or III of this Act shall be disqualified by reason of residence outside Great Britain from any benefit under this Act, or any uprating of any such benefit, if he would have been entitled to such benefit or such uprating if he had instead been resident in Great Britain."")	Entitlement to pension etc uprating: residence outside Great Britain.
93	Insert the following new Clause--
	(" .--(1) The Secretary of State shall consult representatives of other countries where persons are resident who are entitled to retirement pensions under Part II or Part III of the Contributions and Benefits Act but whose pensions have not been uprated as they would have been had they been resident in Great Britain ("affected pensioners"). (2) Consultation under subsection (1) shall be for the purpose of ascertaining what problems are encountered by affected pensioners, and by what means such problems may be ameliorated. (3) The Secretary of State shall lay before both Houses of Parliament a report on the outcome of his consultations within one year of the passing of this Act.")	Pensions entitlement: consultation with persons outside Great Britain.
	Clause 50
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
94	Page 54, line 34, after ("day") insert ("or a bereaved woman aged between 60 and 64 when the spouse died")
	Clause 51
	BY THE BARONESS TURNER OF CAMDEN
95	Page 56, line 40, leave out ("for not more than 26 weeks") and insert ("based on the contribution record of the deceased spouse")
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
96	Page 56, line 41, leave out ("26 weeks") and insert ("two years")
	BY THE BARONESS TURNER OF CAMDEN
97	Page 56, leave out line 49
98	Page 57, leave out lines 1 to 3
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
99	Page 57, line 1, leave out ("26 weeks") and insert ("two years")
	After Clause 51
	BY THE BARONESS PITKEATHLEY
100	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 52
	BY THE LORD RIX
101	Page 58, line 39, at beginning insert ("Subject to subsection (7A),")
	BY THE EARL RUSSELL THE LORD GOODHART THE LORD ADDINGTON
102	Page 58, line 39, leave out ("2000") and insert ("2010")
	BY THE LORD RIX
103	Page 58, line 43, 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 52
	BY THE LORD GOODHART THE EARL RUSSELL THE LORD ADDINGTON
104	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.



© Parliamentary copyright 1999	Prepared 8 October 1999