State Pension Credit Bill [HL]
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 48 | 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." |
| | THE BARONESS BARKER
THE LORD ADDINGTON |
| 49 | Page 3, line 38, at end insert ", except where he is— |
| (a) | separated under a court order; or |
| (b) | separated in circumstances which are likely to be permanent" |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 50 | Page 3, line 44, leave out "not" |
| | THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN |
| 51 | Page 3, line 44, leave out "not be payable" and insert "be payable as an annual lump sum" |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 52 | Page 3, line 44, leave out "except in prescribed circumstances" and insert "as an annual sum" |
| | THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill. |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 53 | Page 4, line 17, leave out paragraph (b) |
| | THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN |
| 54 | Page 4, line 24, leave out paragraph (c) |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 55 | 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." |
| 56 | Page 5, line 10, leave out subsection (3) |
| 57 | Page 5, line 15, leave out subsection (4) |
| | THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN |
| 58 | Page 5, line 18, at end insert "and the Secretary of State shall inform the claimant of any changes in the assessed amount and of the effect of that change on his entitlement to state pension credit" |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 59 | Page 5, line 31, leave out subsection (7) |
| | THE BARONESS NOAKES
THE LORD HIGGINS |
| 59A | Page 5, line 36, leave out subsection (8) |
| | THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN |
| 60 | Page 5, line 39, at end insert— |
| "( ) | Where a recoverable overpayment of state pension credit has occurred as a result of an error, however caused, in the determination of the amount of an element of the claimant's retirement provision, the amount recoverable shall be limited to the amount overpaid in a period of 12 months or the assessed income period, whichever is shorter." |
| | THE LORD HODGSON OF ASTLEY ABBOTTS |
| 61 | Page 6, line 28, leave out "5" and insert "3" |
| | THE BARONESS BARKER
THE LORD ADDINGTON |
| 62 | Page 6, line 28, at end insert— |
| "( ) | Where a claimant is in receipt of housing benefit or council tax benefit (or both), regulations may provide for the pension credit assessed income period to apply also to such benefits." |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 63 | Page 6, line 29, leave out subsections (2) and (3) |
| 64 | Page 6, line 42, leave out ", except in prescribed circumstances," |
| 65 | 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 BARONESS BARKER
THE LORD ADDINGTON |
| 66 | Insert the following new Clause— |
| (1) | The Secretary of State may by regulations provide for the pension service to offer a benefit check to all people who have attained the qualifying age for state pension credit. |
| (2) | In this Act "a benefit check" means information about possible entitlement to state pension credit to be provided by— |
| (b) | personal visit to the pension service; |
| (d) | other ways as deemed appropriate." |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 67 | Page 7, line 37, at end insert "or polyandry" |
| 68 | Page 7, line 41, after "spouse" insert "or spouses" |
| 69 | 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 |
| 70 | Page 8, line 18, at end insert "or" |
| 71 | Page 8, line 19, leave out "or savings" |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 72 | Page 9, line 6, leave out subsection (1) and insert— |
| "(1) | Income and capital shall be defined and treated as for income tax purposes." |
| 73 | Page 9, line 6, after "In" insert "calculating re-entitlement to a state pension credit, any income or capital gains on a PEP or an ISA shall be completely disregarded, and subject to this, in" |
| | THE LORD HIGGINS
THE BARONESS NOAKES
THE BARONESS BARKER
THE LORD ADDINGTON |
| 74 | Page 9, line 7, leave out paragraph (a) |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 75 | Page 9, line 10, leave out paragraph (d) |
| 76 | Page 9, line 11, leave out paragraph (e) |
| 77 | Page 9, line 13, leave out paragraph (f) |
| 78 | Page 9, line 14, leave out paragraph (g) |
| 79 | Page 9, line 15, leave out paragraph (h) |
| 80 | Page 9, line 17, leave out paragraph (i) |
| 81 | Page 9, line 18, leave out paragraph (j) |
| 82 | Page 9, line 18, at end insert— |
| "( ) | For the purposes of this Act a person's income shall not include anything arising from any investment made under a plan which is eligible for relief from income tax under section 333 of the Income and Corporation Taxes Act 1988 (c. 1) (personal equity plans and individual savings accounts)." |
| 83 | Page 9, line 18, at end insert— |
| "( ) | For the purposes of this Act neither a person's income nor his capital shall include any investment or anything arising from any investment made under a plan which is eligible for relief from income tax under section 333 of the Income and Corporation Taxes Act 1988 (c. 1) (personal equity plans and individual savings accounts)." |
| 84 | Page 9, line 18, at end insert— |
| "( ) | For the purposes of this Act a person's earnings shall not include anything which would be chargeable to income tax under Schedule E to section 19 of the Income and Corporation Taxes Act 1988 (c. 1) (schedule E) but for the operation of Schedule 8 to the Finance Act 2000 (c. 17) (employee share ownership plans)." |
| 85 | Page 9, line 18, at end insert— |
| "( ) | For the purposes of this Act a person's earnings shall not include anything in respect of which income tax is or (but for the operation of some relief or exemption) would be chargeable under Schedule E to section 19 of the Income and Corporation Taxes Act 1988 (c. 1) (schedule E) and which arises from the acquisition or disposal of shares or an interest in shares or from a right to acquire shares." |
| | THE LORD HODGSON OF ASTLEY ABBOTTS |
| 86 | Page 9, line 18, at end insert— |
| "( ) | For the purposes of this Act, a person's earnings shall not include any income arising from rent or the release of equity in a person's principal place of residence." |
| | THE BARONESS BARKER
THE LORD ADDINGTON |
| 87 | Page 9, line 18, at end insert— |
| "( ) | For the purposes of this Act, a person's income shall exclude royalties, up to a maximum of #1,000 per year." |
| | THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN |
| 88 | Page 9, line 19, leave out subsection (2) |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 89 | 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." |
| 90 | Page 9, line 19, after "capital" insert "over the savings threshold" |
| | THE LORD HODGSON OF ASTLEY ABBOTTS |
| 91 | Page 9, line 20, at end insert "having regard to the yield to redemption available on long-dated (over fifteen years) United Kingdom government bonds" |
| 92 | Page 9, line 20, at end insert— |
| "( ) | The level of the savings threshold shall not be less than #11,500 and shall be reviewed in each tax year and uprated in line with the general rise in earnings or prices, whichever is the higher." |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 93 | Page 9, line 23, leave out subsection (4) |
| 94 | Page 9, line 25, leave out subsection (5) |
| | THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN |
| 95 | Page 9, line 27, at end insert— |
| "( ) | #40 of a person's earnings in any week, or the whole of his earnings if less than #40, shall be disregarded." |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 96 | Page 9, line 29, leave out paragraph (a) |
| 97 | Page 9, line 32, leave out paragraphs (c) and (d) |
| | THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN |
| 98 | Page 9, line 32, leave out paragraph (c) |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| | 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 |
| 99 | Page 10, line 10, leave out paragraph (g) |
| 100 | Page 10, line 22, leave out subsection (2) |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 101 | Page 12, line 7, leave out "otherwise than in prescribed circumstances" |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 18 stand part of the Bill. |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 102 | Page 13, line 30, at end insert— |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 103 | Insert the following new Clause— |
| | The Secretary of State shall lay an annual report before Parliament on the performance of the pensions service that shall include— |
| (a) | an estimate of the take-up of the state pension credit; |
| (b) | the cost to the department including details of staff and telephone costs; and |
| (c) | the percentage of pensioners paid less than the maximum state pension credit because of their deficient national insurance contribution records." |
| | THE LORD HODGSON OF ASTLEY ABBOTTS |
| 104 | Insert the following new Clause— |
| | "Service level indicators |
| (1) | The Secretary of State shall lay an annual report before Parliament setting out the service level indicators by which, over the next twelve months, the performance of the pensions service in relation to the state pension credit scheme will be judged. |
| (2) | Each annual report shall provide an analysis of, and commentary on, the performance of the pensions service in the prior year measured against that year's service level indicators." |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 105 | Page 15, line 11, leave out "etc" |
| 106 | Page 15, line 11, leave out "national insurance numbers and other" |
| | THE BARONESS HOLLIS OF HEIGHAM |
| 107 | Page 23, leave out lines 13 to 22 and insert— |
| | "(4) Subsection (4A) below applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies— |
| (a) | in relation to any of the items referred to in subsection (1)(b)(i) to (iv) above, the amount of the alteration which he proposes to make by an order under section 150 or 152 above or by or under any other enactment, and |
| (b) | the date on which he proposes to bring the alteration into force ("the proposed commencing date"). |
| | (4A) If, in a case where this subsection applies, an award of state pension credit is made in favour of a person before the proposed commencing date and after the date on which the statement is made, the award— |
| (a) | may provide for state pension credit to be paid as from the proposed commencing date at a rate determined by reference to the amounts of the items specified in subsection (1)(b)(i) to (iv) above which will be in force on that date, or |
| (b) | may be expressed in terms of the amounts of those items in force at the date of the award." |
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