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 Second Marshalled List of Amendments to the Welfare Reform and Pensions Bill to be moved on Report in the House of Lords.

The amendments have been marshalled in accordance with the Order of 28th July, as follows--

Clauses 48 to 55
Schedule 7
Clauses 56 to 66
Schedule 8
Clauses 67 to 70
Schedules 9 and 10
Clauses 71 to 77
Schedule 11
Clauses 78 to 80
Schedule 12
Clauses 81 to 83
Schedule 13
Clauses 84 to 86

[Amendments marked * are new or have been altered]

Amendment
No.

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.

Clause 53

BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER

105      Page 59, line 21, at beginning insert ("Subject to subsection (1A)")

BY THE BARONESS HOLLIS OF HEIGHAM

106      Page 59, line 24, leave out ("making") and insert ("who--
    (i)  makes")

107      Page 59, line 25, after ("applies,") insert ("and
    (ii)  is under the age of 60 at the time of making the claim,")

BY THE LORD ADDINGTON
THE EARL RUSSELL
THE LORD GOODHART

108      Page 59, line 26, at end insert ("save where a person has a mental illness diagnosis")

BY THE LORD ADDINGTON
THE LORD GOODHART
THE EARL RUSSELL

109      Page 59, line 26, at end insert ("save where a person has been an in-patient of a mental illness hospital within the previous three months")

BY THE BARONESS HOLLIS OF HEIGHAM

110      Page 59, line 27, leave out ("in a case where") and insert ("at a time when")

111      Page 59, line 28, after ("is") insert ("under that age and")

BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER

112      Page 59, line 33, at end insert--

    ("(1A)  Regulations under this section may not impose any condition or requirement in respect of a person who--
(a)  is in receipt of disability living allowance or attendance allowance; or

(b)  has caring commitments of 35 hours per week or more,
but may make provision for a person who falls within paragraph (a) or (b) to be invited to take part in a work-focused interview on a voluntary basis.")

BY THE BARONESS TURNER OF CAMDEN

113      Page 59, leave out lines 38 to 40

BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER

114      Page 60, line 7, at end insert--
("(  )  for determining the training to be provided to persons by whom interviews are to be conducted, which shall include training in the principles of personnel management and job placement, in types and incidence of mental and physical disability and in recent developments in coping with time;")

BY THE LORD GOODHART
THE EARL RUSSELL
THE LORD ADDINGTON

115*      Page 60, line 7, at end insert--
("(  )  for determining the training to be provided to persons by whom interviews are to be conducted, which shall include awareness and understanding of the experiences of people with mental illness, training to be conducted by people with direct personal experience of mental illness;")

BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER

116      Page 60, line 27, after ("regulations,") insert ("such matters to include the degree of incapacity, invalidity or physical or mental illness of the person, the recent bereavement of such a person or the illness or incapacity of any child, parent, spouse, partner or other person for whom the person claiming benefit has care,")

117      Page 62, line 8, at end insert (",  conducted at a location appropriate to the person")

BY THE BARONESS HOLLIS OF HEIGHAM

118      Page 62, leave out lines 24 to 41 and insert--

    ("(1)  Chapter II of Part I of the Social Security Act 1998 (social security decisions and appeals) shall have effect in relation to relevant decisions subject to and in accordance with subsections (1B) to (2B) below (and in those subsections "the 1998 Act" means that Act).

    (1A)  For the purposes of this section a "relevant decision" is a decision made under regulations under section 2A above that a person--
(a)  has failed to comply with a requirement to take part in an interview which applied to him by virtue of the regulations, or

(b)  has not shown, within the prescribed period mentioned in section 2A(3)(e)(ii) above, that he had good cause for such a failure.
    (1B)  Section 8(1)(c) of the 1998 Act (decisions falling to be made under or by virtue of certain enactments are to be made by the Secretary of State) shall have effect subject to any provisions of regulations under section 2A above by virtue of which relevant decisions fall to be made otherwise than by the Secretary of State.

    (1C)  For the purposes of each of sections 9 and 10 of the 1998 Act (revision and supersession of decisions of Secretary of State) any relevant decision made otherwise than by the Secretary of State shall be treated as if it were such a decision made by the Secretary of State (and accordingly may be revised by him under section 9 or superseded by a decision made by him under section 10).

    (1D)  Subject to any provisions of regulations under either section 9 or 10 of the 1998 Act, any relevant decision made, or (by virtue of subsection (1C) above) treated as made, by the Secretary of State may be--
(a)  revised under section 9 by a person or authority exercising functions under regulations under section 2A above other than the Secretary of State, or

(b)  superseded under section 10 by a decision made by such a person or authority,
as if that person or authority were the Secretary of State.

    (2)  Regulations shall make provision for conferring (except in any prescribed circumstances) a right of appeal under section 12 of the 1998 Act (appeal to appeal tribunal) against--
(a)  any relevant decision, and

(b)  any decision under section 10 of that Act superseding any such decision,
whether made by the Secretary of State or otherwise.

    (2A)  Subsections (1C) to (2) above apply whether--
(a)  the relevant decision, or

(b)  (in the case of subsection (2)(b)) the decision under section 10 of the 1998 Act,
is as originally made or has been revised (by the Secretary of State or otherwise) under section 9 of that Act; and regulations under subsection (2) above may make provision for treating, for the purposes of section 12 of that Act, any decision made or revised otherwise than by the Secretary of State as if it were a decision made or revised by him.

    (2B)  Section 12 of the 1998 Act shall not apply to any decision falling within subsection (2) above except in accordance with regulations under that subsection.") 1998 c. 14.

After Clause 54

BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER

119      Insert the following new Clause--

    ("  .--(1)  The Secretary of State shall report annually to Parliament on the operation of the work-focused interviews, with specific reference to--
(a)  the number of those moved from the interviews into work; and

(b)  the number who, having moved into work, leave work after--

    (i)  6 months, and

    (ii)  12 months.
    (2)  For the purposes of subsection (1), the Secretary of State shall take into consideration the following--
(a)  the number of interviews which are postponed, deferred or cancelled,

(b)  any cost implications for businesses, and

(c)  the levels of fraud detected.
    (3)  For the purposes of subsection (1) the Secretary of State shall consult--
(a)  all relevant non-governmental organisations,

(b)  all businesses involved with the operation of the work-focused interviews, and

(c)  any organisations which the Secretary of State may think appropriate.
    (4)  The period for any consultation under subsection (3) shall be three months.") Annual report to Parliament on work-focused interviews.

Schedule 7

BY THE BARONESS HOLLIS OF HEIGHAM

120      Page 111, line 12, after second ("couple") insert ("(other than a person to whom regulations under section 1(2C) apply)")

121      Page 115, line 34, leave out ("adjudication officer") and insert ("Secretary of State")

122      Page 116, line 6, leave out ("an adjudication officer") and insert ("the Secretary of State")

123      Page 116, line 13, leave out ("referred to in subsection (2)(a) above") and insert ("to whom subsection (2)(a) above applies")

124      Page 116, line 29, leave out ("he has failed to complete a course of training") and insert ("the condition in section 17(3)(b) or (c) is established")

125      Page 118, line 48, leave out ("for")

126      Page 119, line 9, leave out ("for")

127      Page 119, line 17, leave out from beginning to ("(interpretation") in line 18 and insert ("In section 39(1) of the Social Security Act 1998")

128      Page 119, line 23, leave out sub-paragraph (3)

Clause 56

BY THE BARONESS HOLLIS OF HEIGHAM

129      Page 64, line 36, at end insert--

    ("(5A)  For the purposes of, or in connection with, a scheme established for (or for an area which includes) Wales or a part of Wales, the National Assembly for Wales may, if it considers that facilities whose provision any person (including the Secretary of State) is undertaking under arrangements within subsection (5)(a) or (b) are capable of being supportive of the training of persons for employment, make such payments to that person as the Assembly considers appropriate; and any such payments--
(a)  may be by way of fees, grants, loans or otherwise, and

(b)  may, unless the Assembly otherwise specifies, be used by the person to whom they are made for the provision of any of the facilities provided under the arrangements.")

130      Page 64, line 37, leave out ("subsection (5)") and insert ("subsections (5) and (5A)")

© Parliamentary copyright 1999
Prepared 12 October 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	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.
	Clause 53
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
105	Page 59, line 21, at beginning insert ("Subject to subsection (1A)")
	BY THE BARONESS HOLLIS OF HEIGHAM
106	Page 59, line 24, leave out ("making") and insert ("who-- (i) makes")
107	Page 59, line 25, after ("applies,") insert ("and (ii) is under the age of 60 at the time of making the claim,")
	BY THE LORD ADDINGTON THE EARL RUSSELL THE LORD GOODHART
108	Page 59, line 26, at end insert ("save where a person has a mental illness diagnosis")
	BY THE LORD ADDINGTON THE LORD GOODHART THE EARL RUSSELL
109	Page 59, line 26, at end insert ("save where a person has been an in-patient of a mental illness hospital within the previous three months")
	BY THE BARONESS HOLLIS OF HEIGHAM
110	Page 59, line 27, leave out ("in a case where") and insert ("at a time when")
111	Page 59, line 28, after ("is") insert ("under that age and")
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
112	Page 59, line 33, at end insert-- ("(1A) Regulations under this section may not impose any condition or requirement in respect of a person who-- (a) is in receipt of disability living allowance or attendance allowance; or (b) has caring commitments of 35 hours per week or more, but may make provision for a person who falls within paragraph (a) or (b) to be invited to take part in a work-focused interview on a voluntary basis.")
	BY THE BARONESS TURNER OF CAMDEN
113	Page 59, leave out lines 38 to 40
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
114	Page 60, line 7, at end insert-- ("( ) for determining the training to be provided to persons by whom interviews are to be conducted, which shall include training in the principles of personnel management and job placement, in types and incidence of mental and physical disability and in recent developments in coping with time;")
	BY THE LORD GOODHART THE EARL RUSSELL THE LORD ADDINGTON
115*	Page 60, line 7, at end insert-- ("( ) for determining the training to be provided to persons by whom interviews are to be conducted, which shall include awareness and understanding of the experiences of people with mental illness, training to be conducted by people with direct personal experience of mental illness;")
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
116	Page 60, line 27, after ("regulations,") insert ("such matters to include the degree of incapacity, invalidity or physical or mental illness of the person, the recent bereavement of such a person or the illness or incapacity of any child, parent, spouse, partner or other person for whom the person claiming benefit has care,")
117	Page 62, line 8, at end insert (", conducted at a location appropriate to the person")
	BY THE BARONESS HOLLIS OF HEIGHAM
118	Page 62, leave out lines 24 to 41 and insert--
	("(1) Chapter II of Part I of the Social Security Act 1998 (social security decisions and appeals) shall have effect in relation to relevant decisions subject to and in accordance with subsections (1B) to (2B) below (and in those subsections "the 1998 Act" means that Act). (1A) For the purposes of this section a "relevant decision" is a decision made under regulations under section 2A above that a person-- (a) has failed to comply with a requirement to take part in an interview which applied to him by virtue of the regulations, or (b) has not shown, within the prescribed period mentioned in section 2A(3)(e)(ii) above, that he had good cause for such a failure. (1B) Section 8(1)(c) of the 1998 Act (decisions falling to be made under or by virtue of certain enactments are to be made by the Secretary of State) shall have effect subject to any provisions of regulations under section 2A above by virtue of which relevant decisions fall to be made otherwise than by the Secretary of State. (1C) For the purposes of each of sections 9 and 10 of the 1998 Act (revision and supersession of decisions of Secretary of State) any relevant decision made otherwise than by the Secretary of State shall be treated as if it were such a decision made by the Secretary of State (and accordingly may be revised by him under section 9 or superseded by a decision made by him under section 10). (1D) Subject to any provisions of regulations under either section 9 or 10 of the 1998 Act, any relevant decision made, or (by virtue of subsection (1C) above) treated as made, by the Secretary of State may be-- (a) revised under section 9 by a person or authority exercising functions under regulations under section 2A above other than the Secretary of State, or (b) superseded under section 10 by a decision made by such a person or authority, as if that person or authority were the Secretary of State. (2) Regulations shall make provision for conferring (except in any prescribed circumstances) a right of appeal under section 12 of the 1998 Act (appeal to appeal tribunal) against-- (a) any relevant decision, and (b) any decision under section 10 of that Act superseding any such decision, whether made by the Secretary of State or otherwise. (2A) Subsections (1C) to (2) above apply whether-- (a) the relevant decision, or (b) (in the case of subsection (2)(b)) the decision under section 10 of the 1998 Act, is as originally made or has been revised (by the Secretary of State or otherwise) under section 9 of that Act; and regulations under subsection (2) above may make provision for treating, for the purposes of section 12 of that Act, any decision made or revised otherwise than by the Secretary of State as if it were a decision made or revised by him. (2B) Section 12 of the 1998 Act shall not apply to any decision falling within subsection (2) above except in accordance with regulations under that subsection.")	1998 c. 14.
	After Clause 54
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
119	Insert the following new Clause--
	(" .--(1) The Secretary of State shall report annually to Parliament on the operation of the work-focused interviews, with specific reference to-- (a) the number of those moved from the interviews into work; and (b) the number who, having moved into work, leave work after-- (i) 6 months, and (ii) 12 months. (2) For the purposes of subsection (1), the Secretary of State shall take into consideration the following-- (a) the number of interviews which are postponed, deferred or cancelled, (b) any cost implications for businesses, and (c) the levels of fraud detected. (3) For the purposes of subsection (1) the Secretary of State shall consult-- (a) all relevant non-governmental organisations, (b) all businesses involved with the operation of the work-focused interviews, and (c) any organisations which the Secretary of State may think appropriate. (4) The period for any consultation under subsection (3) shall be three months.")	Annual report to Parliament on work-focused interviews.
	Schedule 7
	BY THE BARONESS HOLLIS OF HEIGHAM
120	Page 111, line 12, after second ("couple") insert ("(other than a person to whom regulations under section 1(2C) apply)")
121	Page 115, line 34, leave out ("adjudication officer") and insert ("Secretary of State")
122	Page 116, line 6, leave out ("an adjudication officer") and insert ("the Secretary of State")
123	Page 116, line 13, leave out ("referred to in subsection (2)(a) above") and insert ("to whom subsection (2)(a) above applies")
124	Page 116, line 29, leave out ("he has failed to complete a course of training") and insert ("the condition in section 17(3)(b) or (c) is established")
125	Page 118, line 48, leave out ("for")
126	Page 119, line 9, leave out ("for")
127	Page 119, line 17, leave out from beginning to ("(interpretation") in line 18 and insert ("In section 39(1) of the Social Security Act 1998")
128	Page 119, line 23, leave out sub-paragraph (3)
	Clause 56
	BY THE BARONESS HOLLIS OF HEIGHAM
129	Page 64, line 36, at end insert-- ("(5A) For the purposes of, or in connection with, a scheme established for (or for an area which includes) Wales or a part of Wales, the National Assembly for Wales may, if it considers that facilities whose provision any person (including the Secretary of State) is undertaking under arrangements within subsection (5)(a) or (b) are capable of being supportive of the training of persons for employment, make such payments to that person as the Assembly considers appropriate; and any such payments-- (a) may be by way of fees, grants, loans or otherwise, and (b) may, unless the Assembly otherwise specifies, be used by the person to whom they are made for the provision of any of the facilities provided under the arrangements.")
130	Page 64, line 37, leave out ("subsection (5)") and insert ("subsections (5) and (5A)")