State Pension Credit Bill [HL]
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE BARONESS BARKER
THE LORD ADDINGTON |
| 1* | Page 2, line 6, leave out paragraphs (a) and (b) and insert "in the case of a man or a woman, the age which is the pensionable age in the case of a woman born on the same day as a man" |
| | THE BARONESS GREENGROSS
THE BARONESS BARKER
THE LORD ADDINGTON |
| 2 | Page 2, line 28, leave out subsection (6) |
| | THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS BARKER
THE LORD ADDINGTON |
| 3 | Page 3, line 3, leave out "age of 65" and insert "qualifying age" |
| | THE LORD HODGSON OF ASTLEY ABBOTTS |
| 4 | Page 3, line 5, leave out "that" and insert "the qualifying" |
| 5 | Page 3, line 7, leave out paragraph (a) |
| 6 | Page 3, line 10, at end insert— |
| "( ) | The claimant's entitlement to the savings credit shall be in the same proportion as their entitlement to the state pension." |
| | THE LORD HODGSON OF ASTLEY ABBOTTS |
| 7 | Page 3, line 16, leave out paragraph (b) |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 8 | Page 3, line 27, 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)." |
| 9 | Page 3, line 27, at end insert— |
| "( ) | Where any contributory social security benefit falls to be included in the qualifying income of any claimant, only the actual amount of the benefit received by him shall count for the purposes of this section and there shall not be attributed to any claimant any qualifying income by way of social security benefit which he would have received had he paid a higher amount of contributions." |
| | THE BARONESS BARKER
THE LORD ADDINGTON |
| 10 | Page 3, line 29, at end insert— |
| "( ) | Such regulations shall provide that the calculation of qualifying income shall be based on the rate of retirement pension that the claimant would have been entitled to if the provisions in paragraph 5(7) of Schedule 3 to the Social Security Contributions and Benefits Act 1992 (c. 4), relating to home responsibilities protection, had been in force since the claimant attained the age of 16." |
| | THE LORD HODGSON OF ASTLEY ABBOTTS |
| 11 | Page 3, leave out line 31 |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 12* | Page 3, line 35, at end insert— |
| "( ) | Where a person is entitled to a state pension which is less than the basic state pension, the savings credit threshold for that person shall be reduced to an amount equal to the proportion that the person's actual state pension entitlement bears to the basic state pension." |
| 13* | Page 3, line 37, at end insert— |
| "( ) | No reduction in the savings credit shall be made under the provisions of the Social Security (Hospital In-patients) Regulations (S.I. 1975/555)." |
| 14* | Page 3, line 37, at end insert— |
| "( ) | When benefits are reduced under the provision of the Social Security (Hospital In-patients) Regulations (S.I. 1975/555) they shall be restored on the patient being discharged from hospital." |
| | THE LORD HIGGINS
THE BARONESS NOAKES
THE BARONESS BARKER
THE LORD ADDINGTON |
| 15 | Insert the following new Clause— |
| | No one drawing a state pension credit shall suffer a withdrawal rate of benefit greater than 40 per cent." |
| 16 | Page 3, line 39, leave out subsection (1) |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 17 | Page 5, line 41, at end insert— |
| "( ) | Where a recoverable overpayment of state pension credit has occurred as a result of an error which was not caused by the claimant, 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 the shorter." |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 18* | Insert the following new Clause— |
| | The Secretary of State shall lay before Parliament an annual report on the performance of the pensions service that shall include— |
| (a) | an estimate of the take-up of the state pension credit; |
| (b) | the costs to the department, including details of staff, telephone and information technology costs; |
| (c) | service level indicators for judging the performance of the pensions service in providing the state pension credit; and |
| (d) | an analysis and commentary of the performance of the pensions service judged against the service level indicators." |
| | THE LORD HIGGINS
THE BARONESS NOAKES
THE BARONESS BARKER
THE LORD ADDINGTON |
| 19 | Page 9, line 11, leave out paragraph (a) |
| | THE BARONESS BARKER
THE LORD ADDINGTON |
| 20 | Page 9, line 11, at end insert "(but only for claimants who have not attained state pension age)" |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 21 | Page 9, line 22, at end insert— |
| "( ) | For the purposes of this Act, a person's earnings shall only be treated as income to the extent that it exceeds an amount calculated as sixteen times the hourly rate set under section 2 of the National Minimum Wage Act 1998 (c. 39) (determination of hourly rate of remuneration)." |
| | THE LORD HODGSON OF ASTLEY ABBOTTS |
| 22 | Page 9, line 22, at end insert— |
| "( ) | For the purposes of this Act, a person's income shall not include any income arising from rent or the release of equity in a person's principal place of residence." |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 23 | Page 9, line 22, at end insert— |
| "( ) | For the purposes of this Act neither a person's income nor his capital shall include any investment in or income arising from— |
| (a) | any plan which is a scheme of investment covered by the Personal Equity Plan Regulations 1989 (SI 1989/469); or |
| (b) | any plan which is in the form of an account covered by the Individual Savings Account Regulations 1998 (SI 1998/1870), |
| | or such other regulations as may be issued in substitution for or extension to or amendment of such regulations." |
| 24 | Page 9, line 23, after "capital" insert "over the prescribed threshold" |
| 25 | Page 9, line 24, at end insert— |
| "( ) | The level of the savings threshold shall not be less than #11,500 and shall be uprated annually in line with the general rise in earnings or prices, whichever is the higher." |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 26 | Page 9, line 31, at end insert— |
| "( ) | A claimant may elect that income from capital may be calculated by reference to the actual income received or receivable, in which event subsections (2) to (5) above shall not apply to that income." |
| 27 | Page 9, line 33, leave out paragraph (a) |
| 28 | Page 9, line 36, leave out paragraphs (c) and (d) |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 29 | Page 13, line 30, at end insert— |
| | THE LORD HIGGINS
THE BARONESS NOAKES |
| 30 | Page 15, line 11, leave out "etc" |
| 31 | Page 15, line 11, leave out "national insurance numbers and other" |
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