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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	Clause 67
	BY THE BARONESS HOLLIS OF HEIGHAM
155	Page 72, line 37, at end insert-- ("(3A) Regulations under this section may make different provision for different areas. (3B) Regulations under any other enactment may make such different provision for different areas as appears to the Secretary of State expedient in connection with any exercise by regulations under this section of the power conferred by subsection (3A) above.")
	Clause 68
	BY THE BARONESS HOLLIS OF HEIGHAM
156	Page 73, line 35, after ("to") insert (", or designated for the purposes of this section by an order of,")
	Schedule 9
	BY THE BARONESS HOLLIS OF HEIGHAM
157	Page 128, line 16, at end insert-- ("( ) Regulations under this section shall be made by the Treasury."")
	Schedule 10
	BY THE BARONESS HOLLIS OF HEIGHAM
158	Page 133, line 41, at end insert-- ("( ) Regulations under this section shall be made by the Treasury."")
159	Page 135, line 9, after ("prescribed") insert ("by regulations made by the Secretary of State")
160	Page 135, line 11, after ("But") insert ("such")
161	Page 135, line 17, at end insert ("by such regulations"")
162	Page 135, line 49, after ("prescribed") insert ("by regulations made by the Secretary of State")
163	Page 136, line 1, after ("But") insert ("such")
164	Page 136, line 7, at end insert ("by such regulations"")
	Clause 71
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
165	Page 74, line 42, leave out from ("worker")") to ("and") in line 3 on page 75 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 BARONESS HOLLIS OF HEIGHAM
166	Page 75, line 5, leave out ("a contract between the client and a third party,") and insert ("arrangements involving a third person (and not referable to any contract between the client and the worker),")
	BY THE LORD GOODHART THE EARL RUSSELL
167*	Page 75, line 6, at end insert ("and (c) the client would have been liable to pay secondary class 1 contributions on any relevant payments on benefits if those services had been performed under a contract between the client and the worker, such")
	BY THE BARONESS HOLLIS OF HEIGHAM
168	Page 75, line 10, leave out from ("his") to end of line 11
169	Page 75, leave out lines 12 to 16 and insert-- ("(2) For the purposes of this section-- (a) the intermediary" means-- (i) the third person mentioned in subsection (1)(b) above, or (ii) where the third person does not have such a contractual or other relationship with the worker as may be specified, any other person who has both such a relationship with the worker and such a direct or indirect contractual or other relationship with the third person as may be specified; and (b) a person may be the intermediary despite being-- (i) a person with whom the worker holds any office or employment, or (ii) a body corporate, unincorporated body or partnership of which the worker is a member; and subsection (1) above applies whether or not the client is a person with whom the worker holds any office or employment.")
170	Page 75, line 21, leave out ("relevant payments or benefits,") and insert ("the specified amount of relevant payments or benefits (the worker's "attributable earnings"),")
171	Page 75, line 22, leave out ("client") and insert ("intermediary")
172	Page 75, line 23, leave out ("client") and insert ("intermediary")
173	Page 75, line 24, leave out from ("of") to end of line 26 and insert ("the worker's attributable earnings;")
174	Page 75, line 30, leave out from ("of") to ("period") in line 32 and insert ("the worker's attributable earnings for any specified")
175	Page 75, line 33, at end insert-- ("( ) for aggregating any such amount, for purposes relating to contributions, with other earnings of the worker during any such period; ( ) for determining the date by which contributions payable in respect of the worker's attributable earnings are to be paid and accounted for;")
176	Page 75, line 44, leave out ("third party") and insert ("intermediary")
177	Page 76, line 1, at end insert ("persons, whether-- (i)")
178	Page 76, line 4, after ("1988)") insert (", or (ii) persons of any other specified description,")
179	Page 76, line 12, at end insert-- ("( ) Regulations made in pursuance of subsection (3)(c) above may, in particular, make provision-- (a) for the making of a deduction of a specified amount in respect of general expenses of the intermediary as well as deductions in respect of particular expenses incurred by him; (b) for securing reductions in the amount of the worker's attributable earnings on account of-- (i) any secondary Class 1 contributions already paid by the intermediary in respect of actual earnings of the worker, and (ii) any such contributions that will be payable by him in respect of the worker's attributable earnings.")
180	Page 76, leave out lines 18 to 28
	BY THE LORD GOODHART THE EARL RUSSELL
181	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.")
	BY THE BARONESS HOLLIS OF HEIGHAM
182	Page 76, line 40, leave out ("third party") and insert ("intermediary")
183	Page 76, line 45, leave out from beginning to end of line 2 on page 77
	BY THE LORD HIGGINS
184	Leave out Clause 71
	Clause 72
	BY THE LORD GOODHART THE EARL RUSSELL THE LORD ADDINGTON
185	Page 77, line 22, leave out from ("worker")") to ("and") in line 26 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 BARONESS HOLLIS OF HEIGHAM
186	Page 77, line 28, leave out ("a contract between the client and a third party,") and insert ("arrangements involving a third person (and not referable to any contract between the client and the worker),")
	BY THE LORD GOODHART THE EARL RUSSELL
187*	Page 77, line 29, at end insert ("and (c) the client would have been liable to pay secondary class 1 contributions on any relevant payments on benefits if those services had been performed under a contract between the client and the worker, such")
	BY THE BARONESS HOLLIS OF HEIGHAM
188	Page 77, line 33, leave out from ("his") to end of line 34
189	Page 77, leave out lines 35 to 39 and insert-- ("(2) For the purposes of this section-- (a) the intermediary" means-- (i) the third person mentioned in subsection (1)(b) above, or (ii) where the third person does not have such a contractual or other relationship with the worker as may be specified, any other person who has both such a relationship with the worker and such a direct or indirect contractual or other relationship with the third person as may be specified; and (b) a person may be the intermediary despite being-- (i) a person with whom the worker holds any office or employment, or (ii) a body corporate, unincorporated body or partnership of which the worker is a member; and subsection (1) above applies whether or not the client is a person with whom the worker holds any office or employment.")
190	Page 77, line 44, leave out ("relevant payments or benefits,") and insert ("the specified amount of relevant payments or benefits (the worker's "attributable earnings"),")
191	Page 77, line 45, leave out ("client") and insert ("intermediary")
192	Page 77, line 46, leave out ("client") and insert ("intermediary")
193	Page 77, line 47, leave out from ("of") to end of line 2 on page 78 and insert ("the worker's attributable earnings;")
194	Page 78, line 6, leave out from ("of") to ("period") in line 8 and insert ("the worker's attributable earnings for any specified")
195	Page 78, line 9, at end insert-- ("( ) for aggregating any such amount, for purposes relating to contributions, with other earnings of the worker during any such period; ( ) for determining the date by which contributions payable in respect of the worker's attributable earnings are to be paid and accounted for;")
196	Page 78, line 20, leave out ("third party") and insert ("intermediary")
197	Page 78, line 27, at end insert ("persons, whether-- (i)")
198	Page 78, line 30, after ("1988)") insert (", or (ii) persons of any other specified description,")
199	Page 78, line 38, at end insert-- ("( ) Regulations made in pursuance of subsection (3)(c) above may, in particular, make provision-- (a) for the making of a deduction of a specified amount in respect of general expenses of the intermediary as well as deductions in respect of particular expenses incurred by him; (b) for securing reductions in the amount of the worker's attributable earnings on account of-- (i) any secondary Class 1 contributions already paid by the intermediary in respect of actual earnings of the worker, and (ii) any such contributions that will be payable by him in respect of the worker's attributable earnings.")
200	Page 78, line 44, leave out from beginning to end of line 6 on page 79
	BY THE LORD GOODHART THE EARL RUSSELL
201	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.")
	BY THE BARONESS HOLLIS OF HEIGHAM
202	Page 79, line 18, leave out ("third party") and insert ("intermediary")
203	Page 79, leave out lines 23 to 27
	BY THE LORD GOODHART THE EARL RUSSELL THE LORD ADDINGTON THE LORD HIGGINS
204	Leave out Clause 72
	Clause 76
	BY THE BARONESS HOLLIS OF HEIGHAM
205	Page 82, line 7, after ("State") insert ("or the Department of Health and Social Services for Northern Ireland")
206	Page 82, line 12, after ("State;") insert-- ("( ) the Department of Health and Social Services for Northern Ireland;")
207	Page 82, line 13, leave out ("his") and insert ("either of them")
	Clause 79
	BY THE BARONESS HOLLIS OF HEIGHAM
208	Page 83, line 26, after ("orders") insert ("(other than orders under section 68(2))")
209	Page 84, line 25, after (" 56") insert ("or 75")
210	Page 84, line 26, at end insert-- ("( ) Without prejudice to the generality of any of the preceding provisions of this section, regulations under section 56 or 68 may provide for all or any of the provisions of the regulations to apply only in relation to any area or areas specified in the regulations.")
211	Page 84, line 31, leave out ("person") and insert ("authority")
212	Page 84, line 32, leave out ("person") and insert ("authority")
213	Page 84, line 33, leave out ("he, or they,") and insert ("the authority, or the authority and the Treasury,")
	Clause 80
	BY THE BARONESS HOLLIS OF HEIGHAM
214	Page 85, line 3, leave out paragraph (c)



© Parliamentary copyright 1999	Prepared 8 October 1999