Mr Secretary Darling
(d)
*Page 66, line 23, leave out 'For this purpose' and insert
"(9) In sub-paragraph (8)
"benefit" includes (in addition to any benefit under Parts II to V of this Act)
(a) any benefit under Parts VII to XII of this Act, and
(b) credits under regulations under section 22(5) above;".
43
Mr Secretary Darling
To move, That this House disagrees with the Lords in their Amendment.
To move the following Amendments to the words so restored to the Bill:
Mr Secretary Darling
(c)
*Page 66, line 27, leave out from '(1)' to end of line 42 and insert 'Where
(a) a person is entitled to incapacity benefit in respect of any period of a week or part of a week,
(b) a pension payment is payable to him in respect of that period (or a period which forms part of that period or includes that period or part of it), and
(c) the amount of that payment (or, as the case may be, the amount which in accordance with regulations is to be taken as payable to him by way of pension payments in respect of that period) exceeds the threshold,
the amount of that benefit shall be reduced by an amount equal to 50 per cent. of that excess.
(1A) In subsection (1) above "the threshold" means
(a) if the period in question is a week, £85 or such greater amount as may be prescribed; or
(b) if that period is not a week, such proportion of the amount mentioned in paragraph (a) as falls to be calculated in accordance with regulations on such basis as may be prescribed.
(1B) Regulations may secure that a person of any prescribed description does not suffer any reduction under subsection (1) in any amount of incapacity benefit to which he is entitled.
(2) Regulations may provide
( ) for sums of any specified description to be disregarded for the purposes of this section;'.
Mr Jim Cousins
Mrs Gwyneth Dunwoody
Mr Frank Field
Lynne Jones
Audrey Wise
Mr Alan Simpson
Dr Norman A. Godman | Mrs Betty Williams | Mr Brian Sedgemore |
Mr Bill Etherington | Mr Neil Gerrard | Mr Kelvin Hopkins |
Mr Kevin McNamara | Mr Dennis Skinner | John Austin |
Mr George Stevenson | Mr Tony Clarke | Mr Tony Benn |
Dr Desmond Turner | Mr Michael Clapham | Mr Ken Livingstone |
Mr Llew Smith | Mr Harry Barnes | Mr Robert N. Wareing |
Mr John McAllion | Mr Dennis Canavan | Mr Tom Clarke |
Mr Jeremy Corbyn | Mr Bill Michie | Frank Cook |
Mr John McDonnell | Maria Fyfe
|
(a)
Page 66, line 31, after 'payment', insert 'exceeding the level of the Disability Income Guarantee'.
Mr Jim Cousins
Mrs Gwyneth Dunwoody
Mr Frank Field
Lynne Jones
Audrey Wise
Mr Alan Simpson
Dr Norman A. Godman | Mrs Betty Williams | Mr Brian Sedgemore |
Mr Bill Etherington | Mr Neil Gerrard | Mr Kelvin Hopkins |
Mr Kevin McNamara | Mr Dennis Skinner | John Austin |
Mr George Stevenson | Mr Tony Clarke | Mr Tony Benn |
Dr Desmond Turner | Mr Michael Clapham | Mr Ken Livingstone |
Mr Llew Smith | Mr Harry Barnes | Mr Robert N. Wareing |
Mr John McAllion | Mr Dennis Canavan | Mr Tom Clarke |
Mr Jeremy Corbyn | Mr Bill Michie | Frank Cook |
Mr John McDonnell | Maria Fyfe
|
(b)
Page 66, line 35, leave out 'specified amount' and insert 'level of the standard rate of income tax'.
Mr Secretary Darling
(d)
*Page 67, line 1, after "for" insert "the aggregation of".
Mr Secretary Darling
(e)
*Page 67, line 3, after "payable)" insert "in respect of the same or different periods;
( ) for such sums or aggregate sums".
46
Mr Secretary Darling
To move, That this House disagrees with the Lords in their Amendment.
To move the following Amendments to the Bill in lieu of the Lords Amendment:
Audrey Wise
Mr Jim Cousins
Mrs Gwyneth Dunwoody
Mr Frank Field
Lynne Jones
Mr Alan Simpson
Dr Norman A. Godman | Mrs Betty Williams | Mr Brian Sedgemore |
Mr Bill Etherington | Mr Neil Gerrard | Mr Kelvin Hopkins |
Mr Kevin McNamara | Mr Dennis Skinner | John Austin |
Mr George Stevenson | Mr Tony Clarke | Mr Tony Benn |
Dr Desmond Turner | Mr Michael Clapham | Mr Ken Livingstone |
Mr Llew Smith | Mr Harry Barnes | Mr Robert N. Wareing |
Mr John McAllion | Mr Dennis Canavan | Mr Jeremy Corbyn |
Mr Bill Michie | Frank Cook | Mr John McDonnell
|
(a)
Page 67, line 32, leave out 'each of'.
Audrey Wise
Mr Jim Cousins
Mrs Gwyneth Dunwoody
Mr Frank Field
Lynne Jones
Mr Alan Simpson
Dr Norman A. Godman | Mrs Betty Williams | Mr Brian Sedgemore |
Mr Bill Etherington | Mr Neil Gerrard | Mr Kelvin Hopkins |
Mr Kevin McNamara | Mr Dennis Skinner | John Austin |
Mr George Stevenson | Mr Tony Clarke | Mr Tony Benn |
Dr Desmond Turner | Mr Michael Clapham | Mr Ken Livingstone |
Mr Llew Smith | Mr Harry Barnes | Mr Robert N. Wareing |
Mr John McAllion | Mr Dennis Canavan | Mr Jeremy Corbyn |
Mr John McDonnell | Frank Cook | Mr Bill Michie
|
(b)
Page 67, line 33, after '(2A)' insert ', (2B) or (2C)'.
Audrey Wise
Mr Jim Cousins
Mrs Gwyneth Dunwoody
Mr Frank Field
Lynne Jones
Mr Alan Simpson
Dr Norman A. Godman | Mrs Betty Williams | Mr Brian Sedgemore |
Mr Bill Etherington | Mr Neil Gerrard | Mr Kelvin Hopkins |
Mr Kevin McNamara | Mr Dennis Skinner | John Austin |
Mr George Stevenson | Mr Tony Clarke | Mr Tony Benn |
Dr Desmond Turner | Mr Michael Clapham | Mr Ken Livingstone |
Mr Llew Smith | Mr Harry Barnes | Mr Robert N. Wareing |
Mr John McAllion | Mr Dennis Canavan | Mr Jeremy Corbyn | Mr John McDonnell | Frank Cook | Mr Bill Michie
|
(c)
Page 67, line 43, leave out 'mentioned in subsection (1)(b) above' and insert 'in this subsection'.
Audrey Wise
Mr Jim Cousins
Mrs Gwyneth Dunwoody
Mr Frank Field
Lynne Jones
Mr Alan Simpson
Dr Norman A. Godman | Mrs Betty Williams | Mr Brian Sedgemore |
Mr Bill Etherington | Mr Neil Gerrard | Mr Kelvin Hopkins |
Mr Kevin McNamara | Mr Dennis Skinner | John Austin |
Mr George Stevenson | Mr Tony Clarke | Mr Tony Benn |
Dr Desmond Turner | Mr Michael Clapham | Mr Ken Livingstone |
Mr Llew Smith | Mr Harry Barnes | Mr Robert N. Wareing |
Mr John McAllion | Mr Dennis Canavan | Mr Jeremy Corbyn |
Mr Bill Michie | Frank Cook | Mr John McDonnell
|
(d)
Page 68, line 10, at end insert
'(2B) The condition in this subsection is that throughout one of the last two complete tax years before the relevant benefit year he has been
(a) in receipt of invalid care allowance, or
(b) within the meaning of regulations, precluded from employment by responsibilities at home
and in either case suffers from loss of physical or mental faculty such that the extent of the resulting disablement amounts to not less than 80 per cent.
(2C) The conditions in this subsection are that
(a) for at least 25 weeks of the last two complete years before the beginning of the relevant benefit year he has been in receipt of Disabled Persons' Tax Credit or Disability Working Allowance;
(b) on the relevant day he satisfies the prescribed conditions as to residence in Great Britain, or as to presence there; and
(c) he is not, on that day, a person who is receiving full-time education.'.
Lords Amendment No. 53
Mr Secretary Darling
*To move, That this House disagrees with the Lords in their Amendment.
Mr Secretary Darling
To move the following Amendments to the words so restored to the Bill:
Mr Secretary Darling
(a)
*Page 74, line 36, leave out "in any specified circumstances".
Mr Secretary Darling
(b)
*Page 74, line 40, leave out "and".
Mr Secretary Darling
(c)
*Page 74, line 42, 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),".
Mr Secretary Darling
(d)
*Page 74, line 43, at end insert "and
(c) the circumstances are such that, were the services to be performed by the worker under a contract between him and the client, he would be regarded for the purposes of the applicable provisions of this Act as employed in employed earner's employment by the client,".
Mr Secretary Darling
(e)
*Page 75, line 1, leave out "the purposes of the applicable provisions of this Act" and insert "those purposes".
Mr Secretary Darling
(f)
*Page 75, line 3, leave out from "his" to end of line 4.
Mr Secretary Darling
(g)
*Page 75, leave out lines 5 to 9 and insert
"(2) For the purposes of this section
(a) "the intermediary" means
(i) where the third person mentioned in subsection (1)(b) above has such a contractual or other relationship with the worker as may be specified, that third person, or
(ii) where that third person does not have such a relationship with the worker, 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.".
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