Welfare Reform Bill
SECOND
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 |
| 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." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 49 | Page 8, line 2, at end insert "and |
| ( ) | not in the assessment phase," |
| | BARONESS MEACHER
BARONESS THOMAS OF WINCHESTER |
| 50 | Page 8, line 10, at end insert "and the manner in which such notification may take place." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 51 | Page 8, line 20, leave out from "assessment" to end of line 22 |
| | LORD OAKESHOTT OF SEAGROVE BAY
BARONESS THOMAS OF WINCHESTER |
| 52 | Page 8, line 21, leave out ", within a prescribed period," |
| | LORD OAKESHOTT OF SEAGROVE BAY
BARONESS THOMAS OF WINCHESTER
LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 53 | Page 8, line 23, leave out paragraphs (g) and (h) |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 54 | Page 8, line 27, at end insert— |
| "( ) | for the presence of an intermediary in necessary cases." |
| | LORD OAKESHOTT OF SEAGROVE BAY
BARONESS THOMAS OF WINCHESTER
BARONESS MEACHER |
| 55 | Page 8, line 27, at end insert— |
| "( ) | for a person who fails to take part in the assessment due to his disability or health condition, to be considered as having good cause for his act or omission." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 56 | Page 8, line 28, leave out subsection (3) |
| | LORD OAKESHOTT OF SEAGROVE BAY
BARONESS THOMAS OF WINCHESTER |
| 57 | Page 9, line 10, at end insert— |
| "( ) | the extent to which his capability for work may be improved by the taking of steps by the Secretary of State in relation to factors that limit his capability to work, and" |
| 58 | Page 9, line 13, at end insert ", and |
| ( ) | the person's need for work-related adaptations, equipment or support and information about Government-funded schemes to assist with obtaining and paying for these." |
| 59 | Page 9, line 17, at end insert— |
| "(9) | Relevant information gathered during the work-focused, health-related assessment may, with the client's consent, be shared with those administering Government funded schemes that assist with payment for work-related adaptations, equipment or support from which the client may benefit." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 60 | Page 9, line 22, at end insert "and |
| ( ) | not in the assessment phase," |
| | BARONESS MEACHER
BARONESS THOMAS OF WINCHESTER |
| 61 | Page 9, line 29, at end insert "and the manner in which such notification may take place" |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 62 | Page 9, line 44, leave out from "interview" to end of line 46 |
| 63 | Page 10, line 1, leave out paragraphs (h) and (i) |
| 64 | Page 10, line 5, at end insert— |
| "( ) | for the presence of an intermediary in necessary cases." |
| | LORD OAKESHOTT OF SEAGROVE BAY
BARONESS THOMAS OF WINCHESTER
BARONESS MEACHER |
| 65 | Page 10, line 5, at end insert— |
| "( ) | for a person who fails to take part in the interview due to his disability or health condition, to be considered as having good cause for that failure." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 66 | Page 10, line 6, leave out subsection (3) |
| | BARONESS MEACHER
BARONESS THOMAS OF WINCHESTER |
| 67 | Page 10, line 42, at end insert "and the manner in which such notification may take place" |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 68 | Page 11, line 6, leave out from "regulations" to end of line 8 |
| 69 | Page 11, line 9, leave out paragraphs (f) to (i) |
| | LORD OAKESHOTT OF SEAGROVE BAY
BARONESS THOMAS OF WINCHESTER
BARONESS MEACHER |
| 70 | Page 11, line 18, at end insert— |
| "( ) | for a person who fails to take part in the interview due to his disability or health condition, to be considered as having good cause for that failure." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 71 | Page 11, line 18, at end insert— |
| "( ) | for the presence of an intermediary in necessary cases." |
| 72 | Page 11, line 19, leave out subsection (3) |
| 73 | Page 11, line 38, leave out subsection (7) |
| | BARONESS MEACHER
BARONESS THOMAS OF WINCHESTER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill. |
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