Welfare Reform Bill
THIRD
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—
Clauses 13 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.
| 74 | Page 12, line 10, at end insert "such as where work-related activity cannot be accessed by a person, or where work-related activity is judged by a health care professional approved by the Secretary of State to be having a detrimental effect upon a person's physical or mental health" |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 75 | Page 12, line 30, leave out subsection (1) |
| 76 | Page 12, line 39, after "function" insert ", excluding sanctions," |
| | LORD OAKESHOTT OF SEAGROVE BAY
BARONESS THOMAS OF WINCHESTER |
| 77 | Page 12, line 40, leave out paragraphs (b) to (d) |
| 78 | Page 13, line 4, at end insert— |
| "( ) | A person authorised to exercise any function by virtue of subsection (1) or by virtue of regulations under subsection (2), may be required to meet such conditions in relation to claimants with particular disabilities or health conditions as the Secretary of State may by regulations require." |
| | LORD OAKESHOTT OF SEAGROVE BAY
LORD ADDINGTON
BARONESS MEACHER |
| 79 | Page 14, line 13, at end insert— |
| "( ) | A person authorised to carry out any function by virtue of subsection (1) or by virtue of regulations under subsection (2) shall, in carrying out that function, have due regard to— |
| (a) | the need to eliminate discrimination that is unlawful under this Act; |
| (b) | the need to eliminate harassment of claimants that is related to their disabilities; |
| (c) | the need to promote equality of opportunity between claimants and other persons; |
| (d) | the need to take steps to take account of claimants' disabilities, even where that involves treating some claimants more favourably than other claimants; |
| (e) | the need to promote positive attitudes towards claimants; and |
| (f) | the need to encourage participation by claimants in public life. |
| ( ) | For the purpose of this section "disability" has the same meaning as in the Disability Discrimination Act 1995 (c. 50)." |
| 80 | Page 14, line 13, at end insert— |
| "( ) | No person will be authorised to exercise any function by virtue of subsection (1) or by virtue of regulations under subsection (2) unless he— |
| (a) | has demonstrated understanding of, and compliance with, disability discrimination legislation; |
| (b) | has demonstrated a reasonable understanding of physical and mental impairments; and |
| (c) | is able to secure specialist support for such physical and mental impairments as may be prescribed." |
| 81 | Page 14, line 13, at end insert— |
| "( ) | Where a person is authorised to exercise any function by virtue of subsection (1) or by virtue of regulations under subsection (2), he must submit to the Secretary of State details of— |
| (a) | the number of people undertaking work-related activity; |
| (b) | the number of people entering employment; and |
| (c) | the number of people remaining in employment after 6 months, |
| | for such impairments as may be prescribed." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 81A | Page 14, line 24, leave out paragraph (a) |
| | LORD OAKESHOTT OF SEAGROVE BAY
BARONESS THOMAS OF WINCHESTER |
| 82 | Page 14, line 37, leave out paragraph (b) |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 83 | Page 15, line 17, at end insert— |
| "( ) | regulations which are made to pilot an appeal process." |
| 84 | Page 15, line 22, at end insert ", or |
| ( ) | encourage employers to recruit and retain such persons." |
| | LORD OAKESHOTT OF SEAGROVE BAY
LORD ADDINGTON
BARONESS MEACHER |
| 85 | Page 15, line 34, leave out subsection (7) and insert— |
| "( ) | No pilot scheme shall commence until such time as there has been a full evaluation of, and public report on, the Pathways to Work programme. |
| ( ) | All pilot schemes must be subject to comprehensive, independent evaluation and the findings of such evaluations must be made available to the public." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 86 | Page 15, line 35, at end insert— |
| "( ) | At the cessation of a pilot scheme under this section the Secretary of State shall lay before Parliament a report concerning the methodology, cost and conclusions of the scheme." |
| 87 | Page 16, line 40, at end insert— |
| "( ) | In relation to a claim for an employment and support allowance, regulations under this section may make provision for— |
| (a) | an assessment to be made to identify all statutory entitlements and allowances to which a claimant is entitled, |
| (b) | notification to a claimant of their statutory entitlements, and |
| (c) | advice to a claimant on how statutory entitlements may be claimed." |
| | LORD OAKESHOTT
BARONESS THOMAS OF WINCHESTER |
| 88 | Insert the following new Clause— |
| | Persons for whom employment and support allowance (income-based or contribution-based) is their only household income and who satisfy the savings threshold for income-based employment and support allowance are exempt from prescription charges." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 89 | Page 56, line 2, leave out paragraph 10 |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 90 | Page 18, line 16, after "which" insert "— |
| (a) | the assessment period is to be reduced including, but not limited to, cases of terminal illness; and |
| | LORD OAKESHOTT OF SEAGROVE BAY
BARONESS THOMAS OF WINCHESTER |
| 91 | Page 19, line 1, after "section," insert "and for the purposes of running pilot schemes only," |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 92 | Page 19, line 8, leave out subsection (1) and insert— |
| "(1) | No regulations under this Part shall be made unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of each House of Parliament." |
| 93 | Page 19, line 10, at end insert— |
| "( ) | regulations under section 2(2)(c) or (3)(c) or 4(4)(c) or (5)(c);" |
| 95 | Page 19, line 11, at end insert— |
| "( ) | regulations under section 15(2) that relate to decisions under regulations under section 10, 11 or 12, so far as relating to failure to comply with a requirement imposed under that section or to reduction of an employment and support allowance in consequence of such failure;" |
| 96 | Page 63, line 9, leave out "(7)" and insert "(annual up-rating of benefits)— |
| (a) | in subsection (1) (Secretary of State to review certain sums each year to determine whether value retained in relation to prices), after paragraph (l) insert— |
| "(m) | specified in regulations under section 2(1)(a) or (4)(c) or 4(2)(a) or (6)(c) of the Welfare Reform Act 2007;" |
| 97 | Page 70, line 17, leave out "Section 62 of" |
| 98 | Page 70, line 17, leave out from "2000" to "is" in line 18 |
| 99 | Page 70, line 19, at beginning insert "In section 62 (loss of benefit for breach of community order)," |
| 100 | Page 70, line 32, at beginning insert "In that section," |
| 101 | Page 70, line 34, at end insert— |
| "( ) | In section 65 (loss of benefit regulations), in subsection (4) (regulations subject to affirmative resolution procedure), in paragraph (c), after "section 62(4)" insert "or (4A)"." |
| 102 | Page 72, line 7, at end insert— |
| "(6A) | In section 11 (loss of benefit regulations), in subsection (3) (regulations subject to affirmative resolution procedure), in paragraph (c), after "(4A)", in both places, insert ", (4B)"." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 103 | Page 74, line 2, leave out sub-paragraph (1) |
| 103A | Page 20, line 16, at end insert— |
| "( ) | The appropriate maximum housing benefit shall only vary for those aged under 21." |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 103B | Page 20, line 16, at end insert— |
| "( ) | Regulations specified in subsection (2) above may provide that the appropriate maximum housing benefit and weekly amount of housing benefit payable may be reduced in respect of non-dependants residing with the claimant, but that— |
| (a) | any such regulations must provide that no non-dependant deduction will apply for non-dependants in receipt of income support, job seekers allowance (income based) and pension credit, and |
| (b) | the total reduction attributable to non-dependants must not reduce the housing benefit payable below 50 per cent of the appropriate maximum housing benefit." |
| 103C | Page 20, line 16, at end insert— |
| "(2A) | Regulations specified in subsection (2) above may provide that the AMHB for a property must take account of the support needs of a tenant, including the requirement for a property with an additional room for the residence of a carer where one of the occupants of the dwelling is— |
| (a) | blind or treated as blind by virtue of paragraph 13 of Schedule 3 to the Housing Benefit Regulations 2006 (additional condition of the Higher Pensioner and Disability Premiums); or |
| (b) | receiving in respect of himself either— |
| (i) | attendance allowance; |
| (ii) | constant attendance allowance; or |
| (iii) | the care component of the disability living allowance." |
| | LORD OAKESHOTT OF SEAGROVE BAY
LORD ADDINGTON |
| 104 | Page 20, line 33, at end insert— |
| "(8) | The AMHB may not vary according to the age of the claimant."" |
| | LORD SKELMERSDALE
LORD TAYLOR OF HOLBEACH |
| 104A | Insert the following new Clause— |
| | "Non-dependent deductions |
| | The Secretary of State shall make regulations such that non-dependent deductions for— |
| (b) | council tax benefit; and |
| (c) | local housing allowance, |
| | shall be nil where the non-dependent— |
| (i) | is in non-remunerative work, or |
| (ii) | has a gross income from remunerative work of under £101.00 per week." |
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