Welfare Reform Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 5th February 2007, as follows—
Clause 1
Schedule 1
Clauses 2 to 21
Schedule 2
Clauses 22 to 27
Schedule 3
Clause 28
Schedule 4
Clauses 29 to 39 | Schedule 5
Clauses 40 to 57
Schedule 6
Clauses 58 to 61
Schedule 7
Clauses 62 to 65
Schedule 8
Clauses 66 to 69 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 1 | Page 1, line 5, leave out subsection (1) |
| 2 | Page 1, line 19, leave out paragraphs (e) and (f) |
| | BARONESS WILKINS
BARONESS THOMAS OF WINCHESTER |
| 3 | Insert the following new Clause— |
| (1) | This section applies where a person in receipt of employment and support allowance who is a service user is asked by a public, charitable or educational body concerned with health or social care to advise on service standards and delivery. |
| (2) | The Secretary of State may make regulations providing that— |
| (a) | a person who provides advice under subsection (1) shall be treated as having limited capability for work under section 8 in relation to the activities undertaken in pursuance of subsection (1) if he would otherwise be so treated; |
| (b) | in the case of contributory allowance or an income related allowance any fee received in recognition of the service undertaken shall be subject to such disregard and averaging as may be prescribed; |
| (c) | in the case of contributory allowance or an income related allowance, reimbursed expenses shall be disregarded as income in such cases as may be prescribed; and |
| (d) | regulations made under section 16(3)(a) shall not apply in relation to advice undertaken in accordance with this section. |
| (3) | In this section "service user" means a person with recent experience of using or requiring public services relating to their ill-health, disability or caring responsibilities." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 4 | Page 52, line 41, leave out paragraph (g) |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 5 | Page 2, line 27, leave out paragraph (a) |
| | LORD OAKESHOTT OF SEAGROVE BAY
LORD ADDINGTON |
| 6 | Page 2, line 27, leave out "ended" and insert "started" |
| 7 | Page 2, line 29, leave out paragraph (c) |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 8 | Page 2, line 31, leave out paragraph (a) |
| | LORD OAKESHOTT OF SEAGROVE BAY
LORD ADDINGTON |
| 9 | Page 2, line 31, leave out "ended" and insert "started" |
| 10 | Page 2, line 34, leave out paragraph (c) |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 11 | Page 2, line 35, leave out subsection (4) |
| | LORD OAKESHOTT OF SEAGROVE BAY
LORD ADDINGTON |
| 12 | Page 2, line 41, at end insert— |
| "(d) | make provision for any entitlement during the assessment phase to the support component or the work-related activity component to be paid at the end of the assessment phase; |
| (e) | make provision for the maximum interval between a claim being made and the commencement of the assessment phase." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 13 | Page 2, line 45, after "condition" insert "(or both)" |
| 14 | Page 3, line 2, at end insert ", or |
| ( ) | he is undergoing or recovering from treatment for a serious or life-threatening illness or is terminally ill as prescribed through regulations." |
| 15 | Page 3, line 2, at end insert— |
| "( ) | For the purposes of this Part, the assessment phase for a person who is terminally ill as prescribed through regulations will be waived." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 16 | Page 4, line 10, leave out paragraph (b) |
| 17 | Page 4, line 14, leave out paragraph (a) |
| | LORD OAKESHOTT OF SEAGROVE BAY
LORD ADDINGTON |
| 18 | Page 4, line 14, after "amounts," insert "including as appropriate premiums equivalent to those set out in the Income Support (General) Regulations 1987 (S.I. 1967/1987)," |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 19 | Page 4, line 22, leave out paragraph (a) |
| | LORD OAKESHOTT OF SEAGROVE BAY
LORD ADDINGTON |
| 20 | Page 4, line 22, leave out "ended" and insert "started" |
| 21 | Page 4, line 24, leave out paragraph (c) |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 22 | Page 4, line 26, leave out paragraph (a) |
| | LORD OAKESHOTT OF SEAGROVE BAY
LORD ADDINGTON |
| 23 | Page 4, line 26, leave out "ended" and insert "started" |
| 24 | Page 4, line 29, leave out paragraph (c) |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 25 | Page 4, line 30, leave out subsection (6) |
| | LORD OAKESHOTT OF SEAGROVE BAY
LORD ADDINGTON |
| 26 | Page 4, line 36, at end insert— |
| "(d) | make provision for any entitlement during the assessment phase to the support component or the work-related activity component to be paid at the end of the assessment phase; |
| (e) | make provision for the maximum interval between a claim being made and the commencement of the assessment phase." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 27 | Page 6, line 8, leave out "by" and insert "on the grounds of" |
| 28 | Page 6, line 8, after "condition" insert "(or both)" |
| 29 | Page 6, line 15, leave out "or bodily or mental disablement" and insert ", bodily disablement, mental disablement or any one or more of these" |
| 30 | Page 6, line 17, at end insert— |
| "( ) | make provision as to the qualifications of the person undertaking the assessment;" |
| 31 | Page 6, line 17, at end insert— |
| "( ) | ensure consistency of assessment across the country;" |
| 32 | Page 6, line 17, at end insert— |
| "( ) | provide for the presence of an intermediary in necessary cases;" |
| 33 | Page 6, line 17, at end insert— |
| "( ) | make provision as to the timing of the assessment in relation to the assessment under section 9." |
| | LORD OAKESHOTT OF SEAGROVE BAY
BARONESS THOMAS OF WINCHESTER |
| 34 | Page 6, line 22, at end insert— |
| "( ) | as to the duties of third parties to provide relevant information and evidence and the manner in which it is to be provided;" |
| | BARONESS MEACHER
BARONESS THOMAS OF WINCHESTER |
| 35 | Page 6, line 25, at end insert— |
| "( ) | as to the manner in which a person may be notified of a requirement to attend such a medical examination as the regulations may require." |
| | LORD OAKESHOTT OF SEAGROVE BAY
BARONESS THOMAS OF WINCHESTER
BARONESS MEACHER |
| 36 | Page 6, line 40, at end insert— |
| "( ) | for a person to be treated as having good cause for any act or omission if the act or omission occurs as a consequence of his limited physical or mental functioning;" |
| 37 | Page 6, line 40, at end insert— |
| "( ) | for a person who fails due to his disability or health condition— |
| (i) | to provide information or evidence which he is required to provide, |
| (ii) | to provide information or evidence in the manner in which he is required to provide it, or |
| (iii) | to attend for, or submit himself to, a medical examination for which he is called to attend |
| | to be considered as having good cause for his act or omission." |
| | LORD OAKESHOTT OF SEAGROVE BAY
BARONESS THOMAS OF WINCHESTER |
| 38 | Page 7, line 6, at end insert— |
| "(7) | The Secretary of State shall require the Commission for Equality and Human Rights to publish an annual report on the operation of the assessment for limited capability for work under this section." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 39 | Page 7, line 9, leave out "by" and insert "on the grounds of" |
| 40 | Page 7, line 9, after "condition" insert "(or both)" |
| 41 | Page 7, line 17, at end insert— |
| "( ) | provide for the timing of the assessment in relation to the assessment under section 8;" |
| 42 | Page 7, line 17, at end insert— |
| "( ) | make provision as to the qualifications of the person undertaking the assessment;" |
| 43 | Page 7, line 17, at end insert— |
| "( ) | ensure consistency of assessment across the country;" |
| 44 | Page 7, line 17, at end insert— |
| "( ) | provide for the presence of an intermediary in necessary cases." |
| | LORD OAKESHOTT OF SEAGROVE BAY
BARONESS THOMAS OF WINCHESTER |
| 45 | Page 7, line 22, at end insert— |
| "( ) | as to the duties of third parties to provide relevant information and evidence and the manner in which it is to be provided;" |
| | LORD OAKESHOTT OF SEAGROVE BAY
BARONESS THOMAS OF WINCHESTER
BARONESS MEACHER |
| 46 | Page 7, line 40, at end insert— |
| "( ) | for a person who fails due to his disability or health condition— |
| (i) | to provide information or evidence which he is required to provide, |
| (ii) | to provide information or evidence in the manner in which he is required to provide it, or |
| (iii) | to attend for, or submit himself to, a medical examination for which he is called to attend |
| | to be considered as having good cause for his act or omission;" |
| 47 | Page 7, line 40, at end insert— |
| "( ) | for a person who is being treated under the Mental Health Act 1983 (c. 20) to be considered as having limited capability for work-related activity." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 48 | Insert the following new Clause— |
| | "Fluctuating capability for work-related activity |
| (1) | For the purposes of this Part, whether a person's capability for work-related activity is currently limited by his fluctuating physical or mental condition (or both) and, if it is, whether the limitation is such that it is not reasonable to require him to undertake such activity shall be determined in accordance with regulations. |
| (2) | Regulations under subsection (1) shall— |
| (a) | provide for determination on the basis of a re-assessment of the person concerned; |
| (b) | define the re-assessment by reference to such matters as the regulations may provide; |
| (c) | make provision as to the manner of carrying out the re-assessment; |
| (d) | make provision as to the frequency of carrying out the re-assessment. |
| (3) | Regulations under subsection (1) may, in particular, make provision— |
| (a) | as to the information or evidence required for the purpose of determining the matters mentioned in that subsection; |
| (b) | as to the manner in which that information or evidence is to be provided; |
| (c) | for a person in relation to whom it falls to be determined whether he has limited capability for work-related activity to be called to attend for such medical examination as the regulations may require. |
| (4) | Regulations under subsection (1) may include provision— |
| (a) | for a person to be treated as not having limited capability for work-related activity if he fails without good cause— |
| (i) | to provide information or evidence which he is required under such regulations to provide, |
| (ii) | to provide information or evidence in the manner in which he is required under such regulations to provide it, or |
| (iii) | to attend for, or submit himself to, a medical examination for which he is called under such regulations to attend; |
| (b) | as to matters which are, or are not, to be taken into account in determining for the purposes of any provision made by virtue of paragraph (a) whether a person has good cause for any act or omission; |
| (c) | as to circumstances in which a person is, or is not, to be regarded for the purposes of any such provision as having good cause for any act or omission." |
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