State Pension Credit Bill [HL]
AMENDMENTS
TO BE MOVED
IN COMMITTEE
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| Page 1, line 20, leave out paragraph (a) |
| Page 1, line 22, leave out paragraph (b) |
| Page 1, line 23, leave out "Great Britain" and insert "the United Kingdom" |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| Page 2, line 17, leave out "amounts" and insert "increments or deductions for any or all prescribed descriptions of persons" |
| Page 2, line 24, leave out subsection (6) |
| Page 2, line 28, leave out "amounts" and insert "increments" |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| Page 3, line 1, leave out "or unmarried" |
| Page 3, line 3, leave out subsections (2) to (8) and insert— |
| "(2) | A claimant has satisfied the second condition for eligibility under section 1(2)(c)(ii) if a savings credit would be payable under any of the following provisions of this section. |
| (3) | If an eligible claimant has qualifying income in excess of the standard minimum guarantee, and has income in excess of the appropriate minimum guarantee, the available savings credit shall equal the maximum savings credit less the clawback amount. |
| (4) | If an eligible claimant has qualifying income in excess of the standard minimum guarantee, and income which does not exceed the appropriate minimum guarantee, the available savings credit shall equal the maximum savings credit. |
| (5) | If an eligible claimant has qualifying income which does not exceed the standard minimum guarantee, the available savings credit shall equal the prescribed percentage of the amount by which the claimant's qualifying income exceeds the savings credit threshold. |
| (6) | The eligibility of any claimant under this section is subject always to sections 4 and 12. |
| (7) | The Secretary of State shall make regulations prescribing the operation of this section, and notwithstanding any other provision of this Act, this section shall not take effect at any time when no such regulations are in force. |
| (8) | For the purposes of this section— |
| | "appropriate minimum guarantee" has the meaning given in section 2 in respect of any given claimant, save where regulations issued under that section prescribe an |
| | appropriate minimum guarantee for any claimant which is less than the standard minimum guarantee, in which case for the purpose of this section the appropriate minimum guarantee for a given claimant shall be the standard minimum guarantee; |
| | "clawback amount" is the amount equal to the clawback percentage of the amount by which the claimant's income exceeds the appropriate minimum guarantee for the claimant, and the clawback percentage shall be the difference between 100 per cent. and the prescribed percentage; |
| | "maximum savings credit" is the amount equal to the prescribed percentage of the difference between the standard minimum guarantee and the savings credit threshold, save that regulations may prescribe descriptions of persons for whom the maximum savings credit shall be nil (and who therefore shall receive no savings credit); |
| | "prescribed percentage" is such percentage, not to exceed 100 per cent., as may be prescribed for the purposes of this section; |
| | "qualifying income" in respect of any claimant is his income less any items of income prescribed in regulations as falling to be excluded in respect of any claimant satisfying any prescribed criteria; |
| | "savings credit threshold" is such amount as may be prescribed in regulations for the purposes of this section, such amount not to exceed the standard minimum guarantee; and |
| | "standard minimum guarantee" has the meaning given in section 2 in respect of a given claimant." |
| Page 3, line 4, leave out "qualifying" |
| Page 3, line 13, at beginning insert "the amount equal to" |
| Page 3, line 16, at beginning insert "the amount equal to" |
| Page 3, line 25, leave out subsection (6) |
| Page 3, line 25, leave out subsection (6) and insert— |
| "(6) | Income shall be calculated in accordance with section 15." |
| Page 3, line 26, at end insert— |
| "( ) | Regulations made under this section may not specify as qualifying income for the purposes of this section any item of income relating to earnings which has been prescribed to be disregarded under section 15(6)(b)." |
| Page 3, line 29, after "is" insert "the amount equal to" |
| Page 3, line 33, leave out subsection (8) |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| Page 3, line 36, leave out subsection (1) and insert— |
| "(1) | Only one member of a married or unmarried couple shall be entitled to state pension credit. |
| (1A) | Where both members meet the conditions— |
| (a) | they shall elect jointly which member shall receive the credit, or |
| (b) | if they are unable to agree, the member with the lower income shall receive the credit." |
| Page 3, line 44, leave out "not" |
| Page 3, line 44, leave out "except in prescribed circumstances" and insert "as an annual sum" |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| Page 4, line 17, leave out paragraph (b) |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| Page 5, line 6, leave out subsections (2) to (8) and insert— |
| "(2) | The amount of the claimant's entitlement to state pension credit shall be calculated by reference to— |
| (a) | the claimant's actual income for the year ending on the date of the relevant decision; or |
| (b) | where the circumstances of the claimant have changed, by reference to the estimated income of the claimant for the 12 months following the relevant decision. |
| (3) | Income shall be determined in accordance with section 15. |
| (4) | The circumstances of the claimant shall be treated as having changed if— |
| (a) | the claimant becomes a member of a married or unmarried couple; |
| (b) | the claimant ceases to be a member of a married or unmarried couple; |
| (c) | the claimant attains the age of 65; |
| (d) | in a case where the claimant is a member of a married or unmarried couple, the other member of the couple attains the age of 65; or |
| (e) | the income of the claimant for the 12 months after the date of the relevant decision is likely to be higher or lower than the income for the preceding 12 months by at least 10 per cent." |
| Page 5, line 15, leave out subsection (4) |
| Page 5, line 31, leave out subsection (7) |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| Page 6, line 29, leave out subsections (2) and (3) |
| Page 6, line 42, leave out ", except in prescribed circumstances," |
| Page 7, line 3, leave out subsection (5) |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 10 stand part of the Bill. |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| Page 7, line 37, at end insert "or polyandry" |
| Page 7, line 41, after "spouse" insert "or spouses" |
| Page 7, line 42, leave out subsections (2) to (4) and insert— |
| "(2) | The person in question and the other party to the marriage shall be treated as a married couple. |
| (3) | The additional spouse or spouses shall be treated as a single person or single persons." |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill. |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| Page 8, line 19, leave out "or savings" |
| Page 8, line 19, at end insert "or" |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| Page 9, line 6, leave out subsection (1) and insert— |
| "(1) | Income and capital shall be defined and treated as for income tax purposes." |
| Page 9, line 11, leave out paragraph (e) |
| Page 9, line 13, leave out paragraph (f) |
| Page 9, line 14, leave out paragraph (g) |
| Page 9, line 15, leave out paragraph (h) |
| Page 9, line 18, leave out paragraph (j) |
| Page 9, line 19, leave out subsections (2) and (3) and insert— |
| "( ) | Income shall be calculated in accordance with rules which apply for income tax purposes." |
| Page 9, line 23, leave out subsection (4) |
| Page 9, line 25, leave out subsection (5) |
| Page 9, line 29, leave out paragraph (a) |
| Page 9, line 32, leave out paragraphs (c) and (d) |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 15 stand part of the Bill. |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| Page 10, line 10, leave out paragraph (g) |
| Page 10, line 22, leave out subsection (2) |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| Page 12, line 7, leave out "otherwise than in prescribed circumstances" |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| Page 13, line 30, at end insert— |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| Page 15, line 11, leave out "etc" |
| Page 15, line 11, leave out "national insurance numbers and other" |
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