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 58
	LORDS AMENDMENT No. 43
43	Leave out Clause 58 The Commons disagree to this Amendment but propose the following Amendments to the words so restored to the Bill--
43A	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,
	12 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--
	15 (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;")
43B	Page 67, line 1, after ("for") insert ("the aggregation of")
43C	Page 67, line 3, after ("payable)") insert ("in respect of the same or different periods; ( ) for such sums or aggregate sums")
	BY THE LORD ASHLEY OF STOKE
43D	The Lord Ashley of Stoke to move, That this House-- (a) do not insist on its Amendment 43 to which the Commons have disagreed, (b) do agree with the Commons in their Amendments 43B and 43C to the words so restored to the Bill, and (c) do agree with the Commons in their Amendment 43A to the words so restored to the Bill with the following amendments--
43E	Line 12, leave out ("50 per cent.") and insert ("the standard rate percentage of income tax")
43F	Line 15, leave out ("£85") and insert ("the level of the Disability Income Guarantee")
	Clause 60
	LORDS AMENDMENT No. 46
46	Leave out Clause 60 The Commons disagree to this Amendment for the following Reason--
46A	Because it would alter the financial arrangements made by the Commons, and the Commons do not offer any further Reason, trusting that this Reason may be deemed sufficient.
	Clause 70
	LORDS AMENDMENT No. 53
53	Leave out Clause 70 The Commons disagree to this Amendment but propose the following Amendments to the words so restored to the Bill--
53A	Page 74, line 36, leave out ("in any specified circumstances")
53B	Page 74, line 40, leave out ("and")
53C	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),")
53D	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,")
53E	Page 75, line 1, leave out ("the purposes of the applicable provisions of this Act") and insert ("those purposes")
53F	Page 75, line 3, leave out from ("his") to end of line 4
53G	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.")
53H	Page 75, line 14, leave out ("relevant payments or benefits,") and insert ("the specified amount of relevant payments or benefits (the worker's "attributable earnings"),")
53J	Page 75, line 15, leave out ("client") and insert ("intermediary")
53K	Page 75, line 16, leave out ("client") and insert ("intermediary (whether or not he fulfils the conditions prescribed under section 1(6)(a) above for secondary contributors)")
53L	Page 75, line 17, leave out from ("of") to end of line 19 and insert ("the worker's attributable earnings;")
53M	Page 75, line 23, leave out from ("of") to ("period") in line 25 and insert ("the worker's attributable earnings for any specified")
53N	Page 75, line 26, 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;")
53P	Page 75, line 37, leave out ("third party") and insert ("intermediary")
53Q	Page 75, line 44, at end insert ("persons, whether-- (i)")
53R	Page 75, line 47, after ("1988)") insert (", or (ii) persons of any other specified description,")
53S	Page 76, line 7, 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.")
53T	Page 76, leave out lines 13 to 23
53U	Page 76, line 35, leave out ("third party") and insert ("intermediary")
53V	Page 76, leave out lines 40 to 44
53W*	The Lord Goodhart to move, That this House--
	(a) do not insist on its Amendment 53 to which the Commons have disagreed, (b) do agree with the Commons in their Amendments 53A to 53H and 53L to 53V to the words so restored to the Bill, but (c) do disagree with the Commons in their Amendments 53J and 53K to the words so restored to the Bill.
	Clause 71
	LORDS AMENDMENT No. 54
54	Leave out Clause 71 The Commons disagree to this Amendment but propose the following Amendments to the words so restored to the Bill--
54A	Page 77, line 16, leave out ("in any specified circumstances")
54B	Page 77, line 20, leave out ("and")
54C	Page 77, line 22, 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),")
54D	Page 77, line 23, 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,")
54E	Page 77, line 25, leave out ("the purposes of the applicable provisions of this Act") and insert ("those purposes")
54F	Page 77, line 27, leave out from ("his") to end of line 28
54G	Page 77, leave out lines 29 to 33 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.")
54H	Page 77, line 38, leave out ("relevant payments or benefits,") and insert ("the specified amount of relevant payments or benefits (the worker's "attributable earnings"),")
54J	Page 77, line 39, leave out ("client") and insert ("intermediary")
54K	Page 77, line 40, leave out ("client") and insert ("intermediary (whether or not he fulfils the conditions prescribed under section 1(6)(a) above for secondary contributors)")
54L	Page 77, line 41, leave out from ("of") to end of line 43 and insert ("the worker's attributable earnings;")
54M	Page 77, line 47, leave out from ("of") to ("period") in line 2 on page 78 and insert ("the worker's attributable earnings for any specified")
54N	Page 78, line 3, 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;")
54P	Page 78, line 14, leave out ("third party") and insert ("intermediary")
54Q	Page 78, line 21, at end insert ("persons, whether-- (i)")
54R	Page 78, line 24, after ("1988)") insert (", or (ii) persons of any other specified description,")
54S	Page 78, line 32, 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.")
54T	Page 78, leave out lines 38 to 48
54U	Page 79, line 12, leave out ("third party") and insert ("intermediary")
54V	Page 79, leave out lines 17 to 21
54W*	The Lord Goodhart to move, That this House-- (a) do not insist on its Amendment 54 to which the Commons have disagreed, (b) do agree with the Commons in their Amendments 54A to 54H and 54L to 54V to the words so restored to the Bill, but (c) do disagree with the Commons in their Amendments 54J and 54K to the words so restored to the Bill.
	Clause 84
	LORDS AMENDMENT No. 85
85	Page 87, line 23, leave out (", 70") The Commons disagree to this Amendment for the following Reason--
85A	Because it is consequential on Lords Amendment No. 53 to which the Commons have disagreed.
	LORDS AMENDMENT No. 93
93	Page 88, line 4, leave out (", 71") The Commons disagree to this Amendment for the following Reason--
93A	Because it is consequential on Lords Amendment No. 54 to which the Commons have disagreed.



© Parliamentary copyright 1999	Prepared 8 November 1999